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HomeMy WebLinkAbout2436 TOW~ OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOP. KD OF A~PEAL$ AppealNo. 2436 Dated June 12, 1978 ACTION OF THE ZONING ROARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. and Mrs. Glenn Moon Main Road Orient, New York 11957 DATE .~.~.._~.9., 1978 AppeHant at a meeting of the Zoning Roard of Appeals on July 6, 1978 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 ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be ~anied ( ) be de~ed pursuant to ~ticle .................... Sect~n .................... Subsection .................... paragraph .................... of the ~ning Ordinance and the decision of the Building I~pector ( ) be reversed ( ) be confirmed became 8:35 P.M. (D.S.T.) Upon appliction of Glenn and Ann T. Moon, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property: Main Road, Orient, New York, bounded on the north by Main Road; east by Elwood, Zarzecki, Jimenez and Kavazanjian; south by Tabor; and west by Private Road. 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. SEE REVERSE FORM ZB4 APPROVED I ZONING BOARD OF APPEALS ) be denled and After investigation and inspection the Board finds that the applicant requests permission to divide his property into two lots each to have a dwelling on it. The findings of th- Board are that this parcel is surrounded by smaller lots in the area, and that the division of this lot into two lots will not change the character of the area. 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 neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Glenn and Ann T. Moon, Main Road, Orient, New York, be GRANTED permission to divide property. Location of property: Main Road, Orient, New York, bounded on the north by Main Road; east by Elwood, Zarzecki, Jimenez and Kavazanjian; south by Tabor; and west by Private Road, subject to the following conditions: (1) The lot be divided approximately equally, with a northerly and southerly lot. (2) Access to the southerly lot to be created be over the present access, Private Road, which is very adequate. (3) The final dimensions of the lots to be determined by a survey to be presented to the Board by the applicant at his earliest convenience. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, and Doyen. RECEIVED AND FILED BY ! · sou'rac: I Town Clerk, Town of Sou~'h,~!d i~Legal Notice -2- Hearings: July 6, 1978 8:25 P.M. (D.S.T.) Upon application of Stanley Sledjeski, (Richard F. Lark, Esq.), 2760 Ruth Road, Mattituck, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Map No. 90, Stanley Sledjeski dated April 30, 1974. ~ 8:3~ P.M. (D.S.T.) Upon application of Glen and Ann T. Moon, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Chapter 100-30 and Bulk Schedul, for permission to divide property. Location of property: Main Road, Orient, New York, bounded on the north by Main Road; east by Ellwood, Zarzecki, Jimenez and Kavazanjian; south by Tabor; and west by Private Road. ~ 8:50 P.M. (D.S.T.) Upon application of Burris and Vivian Jester, Beebe Drive, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to erect a six (6) foot fence in the front yard. Location of property: Lot No. 10, Map of Moos~ Cove, Cutchogue, New York. 9:00 P.M. Bay View Road, CD.S.T.) Upon application of John A. Polywoda, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C 2 for permission to erect a second ground sign. Location of property: Southwest corner of Main Road (S. R. 25) and Hobart Road, Southold, New York, bounded on the north by Main Road, east by Hobart Road; south by J. Lehman and west by Warnaka and Ross. 9:15 P.M. (D.S.T.) Upon application of Bradford B. Green 101 Bard Avenue, Staten Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property with insufficient area. Location of property: Lots No. 189 and 190, Nassau Point, Cutchogue, New York. legal nc.ice LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the previsions of the Amended Building Zone Ordinance of the Town of Southdid; New York, public hearings will be held by the Zoning Beard of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, July 6, 1978, on the following appeals: 7:45 P.M. (D.S.T.) Upon application of Rhumb Line, Inc., 36 Front Street, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for per- mission to erect an off- premises directional sign. Location of property: South- west corner of Shipyard Lane and Main Road (S. R. 25), East Marion, New York, bounded on the north by Main Road (S. R. 25); east by Shipyard Lane; south by Dawn Estates; west by Dawn Estates. 7:50 P.M. (D.S.T.) Upon application of Rhumb Line, Inc., 36 Front Street, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 109-30 C 6 f for per- mission to erect an off- premises directional sign. Location of property: South- west corner of Sills Road and Main Road (S. R. 25) Greenport, New York, bounded on the north by Main Read (S. R. 25); east by H. Reese, Jr.; south by Herman; and west by Ciacia. 9:00 P.M. (D.S.T.) Upon application of Keith G. Gilbride, 950 North Sea Drive, Southold, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Right- of-way off Sound View Avenue, Southold, New York, bounded on the north by Lombardi; east by Bayley and Schur; south by Morris; and west by Spurway. 8:10 P.M. (D.S.T.) Upon application of Stephen Tsontakis, d-b-a Captain Kidd Water Co., Middle Road, Mattithck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B 5 and Bulk Schedule for permission to erect a pump house. Location of property: Lot No. 36, Map of Captain Kidd Estates, Mat- tituck, New York. 9:25 P.M. (D.S.T.) Upop application of Sta: Sled- jeski, (Richard ~. Lark, Esq.), 2760 Ruth Road, Mattituck, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Map No. 90, Stanley Sledjeski dated April 30, 1974. application of Glen and ~nn ~. _M~._~n Main Read, -~r~fi[, New York, for a variance in accordance with the Zoning Ordinance, Article III, Chapter 100-30 and Bulk Schedule for permission to divide property. Location of property: Main Road, Orient, New York, bounded on the north by Main Read; east by Ellwead, Zarzecki, Jimenez and Kavazanjian; south by Tabor; and west by Private Road. 8:50 P.M. (D.S.T.) Upon application of Burris and Vivian Jester, Beebe Drive, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for per- mission to erect a six (6) foot fence in the front yard. Location of property: Lot No. 10, Map of Moose Cove, Cutchogue, New York. 9:00 P.M. (D.S.T.) Upon application of John A. Polywoda, Bay View Road, Southold, New York, for a special exception in ac- cordance with the Zoning Ordinance, Article VI, Section 100-60 C 2 for permission to erect a second ground sign. Location of property: South- west corner of Main Road (S. R. 25) and Hobart Road, Southold, New York, bounded on the north by Main Read, east by Hobart Road; south by J. Lehman and west by Warnaka and Ross. 9:15 P.M. (D.S.T.) Upon application of Bradford B. Green 101 Bard Avenue, Staten Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property with insufficient area. Location of property: Lots No. 189 and 190, Nassau Point, Cutchogue, New York. 9:25 P.M. (D.S.T.) Upon application of Donald G. King, Rocky Point Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient area. Location of property: Lot No. 16, Map of Jackson's Landing, Mattituck, New York. Dated: June 26, 19~8 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ29-3015 applicati~n of Stanley S[ed- jeski. (Richard F. Lark, Esq.). 2760 Ruth Road, Mattituck. New York, tk)r a variance in accordance with the Town Law, Section 280A for approv- al of access. Location of pro- ~ perry: Map No. 90, Stanley Sledjeski dated April 30, 1974. 8:35 p.m. (D.S.T.) Upon Moon~. Main_ Road, Or{ent~ New York, for a variance in accordance with the Zoning Ordinance, Article IlL Chapter 100-30 and Bulk Schedule for permission to divide property. Location of property: Main Road, Orient, New York, bounded on the north by Main Road; east by Ellwood, Jar- zecki. Jimenez, and Kavazan- jian; south by Tabor; and west by Private Road. 8:50 p.m. (D.S.T.) Upon application of Burris and Viv- lan Jester, Beebe Drive, Cut- chogue, New York, for a variance in accordance with thc Zoning Ordinance, Article Ill. Section 100-35 for permis- sion to erect a six (6) foot fence in the front yard. Location of property: Lot No. 10, Map of Moose Cove, Cutchogue, New York. 9:00 p.m. (D.S.T.) Upon application of John A. Poly- woda, Bay View Road, South- old, New York, for a special exception in accordance with thc Zoning Ordinance, Article VI. Section 100-60 C 2 for permission to ei'ect a second ground sign. Location of pro- perty: Southwest corner of Main Road (S.R.25) and Ho- bart Road, Southold, New York, bounded on the north by Main Road, east by Hobart Road; south by J. Lehman and west by Warnaka and Ross. 9:15 p.m.. (D.S.T.) Upon application of Bradford B. Green 101 Bard Avenue, Staten Island, New York, for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-31 and Bulk and Parking Schedule for per- mission to divide property with insufficient area. Location of property: Lots No. 189 and 190, Nassau Point, Cutchogue, New York. 9:25 p.m. (D.S.T.) Upon application of Donald G. King, Rocky Point Road, East Marion. New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient area. Location of property: Lot No. 16, Map of Jackson's Landing, Mattituck, New York. Dated: June 26, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-6/29 (542) TOWN OF $OUTHOLJ), NEW APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~, L/-~q ~/ DATE.~,12~8 ............ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N..Y. Glenn and Anne Moon . Main Road 1, (We) .................................................................. at ............................................................................ Name of Appellant Street and Number .................. 0.?..~.e...~.~ ....................................................................... ~....~..:. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF TI-I~BUILDING INSPECTO..R~ ON / T DATED ~/.~. .... APPLICATION FOR PERMI NO ........................................ ~ ........... ./. ...................... WHEREBYTHE BUILDING INSPECTOR DENIED TO /~/ ~ Glenn and Anne Moon Name of Applicant for permit of Main Road Orient N.Y. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ~ permit to separate property into two parcels 1. LOCATION OF THE PROPERTY Main Ro~d, Orient, N.Y. Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section a~)d Paragraph okthe Zoning Ordinance by number. Do not'quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for , z::2,_ ~ (X) 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 h~ (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 (X) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) S~a~.e~lu~jsl~e~ for thereasQn that the.re are two dwellings on property, one large, one we wzsn ~o separate the two, sell the large s~d live in the small 3 or 4 months of the year, as our major residence is now in Florida. ~'onn ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sory HARDSH~-becou~ we are not able to maintain so large a dwelitng and care for this amount of land due to age and living in ~orida 8 or 9 months of the year. 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 all the adjaoent properties are much smaller in .ar~a than ourse Bee attached sketch. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE there are already existing buildings CHARACTER OF THE DISTRICT because for approximately 85 years and both have been lived in, and the exteriors would mot be changed. COUNTY OF ) ~ Sworn to this ............. Z~.. ........... doy of .......................... 19 7 ~ - //r~otary Public I~C~RILYN P. NORKELUH Notary Public, State of New York No. $2-4609655, Suffol~ County_ XXXX 1802 August 8, 1978 XY--~XXXXXXX Mr. and Mrs. Glenn Moon Main Road Orient, New York 11957 Re: Variance Application No. 2436 Dear Mr. and Mrs. Moon: We&are in receipt of the Van Tuyl survey dated July 14, 1978, showing the division line of your property on Main Road, Orient, New York. This fulfills the condition that the Board placed on this appeal at their July 6, 1978 meeting, at which time your variance was approved. Very truly yours, BABETTE C. CONROY Secretary TOWN CLERK 765-3783 Building Dept. Planning Bd. 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 .... Board..of .A~peal,6 ............. of the town of... Southolcl ................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County PlanningCommission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits Glenn and Ann T. Moon Main Road Orient, New York 11957 Appeal No. 2436 ......... X .... Variances Location of affected land: ..-S~tt~,,h ·..~.c]~e.. ~.. l_t~a/.n.. ~o~1.(~., ...Or.~.~D,~.,...t~.W...~..~ ....................... within 500 feet of: (check one or more) ................ Town or village boundary tine, or shore line ......... X,... 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. ................ Rate or county owned parcel on which a public building is situated ~mments: Applicants granted permission to divide property into two parcels each to contain a livable dwelling. (.~igned) .................................... Title Date received by Suffolk County Planning Commission .................................................................................... File No ................................. FOP-M NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .......... .2..4...3..6. .............................................. Date .................. 0'.~..2~6, ................... , 19.~.~.. lo Mr. and Mrs. Glenn Moon ............ .~.~.n....~.a..4. ............................................. ............. .o..=..~.~..,...~.?...~..o..~.x......~?.~ ~ ............ -i-^ i~,,. ,N,O,,T~ F~ t ).~,.~.O~o u r~>~p ~i~g~ip~ t e d ..................... ~g.n...e.....]...2.., ............ , 19.7..~... PLEASE for permit to c~ruct~'""~ r ..................................... ~ premises located at ...... ..~..Z..~..~........~..4~( ............................. ~..../~..~ .................... Street Map .................................... Block ............................................ Lot ............................................... is,. ~.. returned herewith and disapproved on the following grounds ...... i. ............................ ,~ .................. ................................ · v':'~l ......... /'? ............ ~ .............................. 7'"'"P'~ ........................ '7' ......... ~ ..... ....................... ~ ....................................... ~"I ......................... 7" ........................................................... .. .... ..... Building Inspector George F~sher JUDITH T. TERRY TOW~ CI~RK REGISTRAR OF VITAL STATISTICS D Southold, L. 1., N. Y. 11971 TELEPHONE (516) 765-1801 June 13, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2436, application of Glenn and Anne Moon for a variance. Also included are notification to adjoining property owners as follows: R.W. Elwood, Oyster Ponds Lane, Orient, N.Y.; Louis Zarzecki, Oyster Ponds Lane, Orient, N.Y.; Fernando Jimenez, Oyster Ponds Lane, Orient, N.Y.; Mrs. Bryant Tabor, Main Road, Orient, N.Y.; Mr. Makyl Kavazanjian, Oyster Ponds Lane, Orient, N.Y.;John B. Tuthill, Main Road, Orient, N.Y. Town Clerk f JTT/bn cc:file Enc./ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of 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 Southoid to request a (Vari~ance) (Special Excepti~:L~(Special P, ermit) (the following relief: ~ 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed ~s follows: 3. That the property which is the subj,e~t of such Petition is Io~ated in the following zoning district: 4. That by such Petition, the undersigned will request the following rel,ief: "/ O C)(~o'L~!  Zoning Code applicabl~ to the relief sought by the under- $. That the provisions of the S To~;~ ~L. ~.. C"'~k~ ~ ~ signed are: - 0 O 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. Post Office Address PROOF OF MAILING OF NOTICE NAME ADDRESS zp,,- CC STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~1 on~A Ann Moon , residing at Main Road Orient: New York , being duly sworn, deposes and says that on the ~ day of June ,19 78 , 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- ficeat Southold, New York (certified) (registered) mail. Sworn to before me this 13th day of _ June ,19 78 , ~ Notary Public ~-~ ; that said Notices were mailed to each of said persons by ELIZABETH ANN NLWILLE NOTARY PUBLIC. State of New York No. 52-8125850, Suffolk Co t Term Expires M~rch 6 /¢ 9 15.4 ~,.2A ® ZO 2.2A /0 §/ (~ COUNTY OF SUFFOLK ?~?~.s_O~T(!._O. LD Real Property Tax Service' Agency v!L~.~..~o¢ ............. -_ H. Russell Har~tp F)~r,:,.,~,,- 'DISTRiCT NO Riverhead L [, Ne,,',, York S£CT,ON NO 0!7 PROPERTY