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Home My WebLink About2435 TO~N OF SOUTHOLD, NEW ¥OKK ACTION OF THE ZONinG BOARJ) OF APPEALS Appeal No. 2435 Dated June 12, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Burris and Vivian Jester Beebe Drive Cutchogue, New York 11935 DATE.~D~...~.~, 1978 Appellant at a meeting of the Zoning Board of Appeals on July 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 ( ) 6, 1978 the appeal 1. SPECIAL F, XCEPTION. 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 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 construct a six (6) foot fence in the front yard. Location of property: Lot No. 10, Map of Moose Cove, Cutchogue, New York. 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 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 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 ZONING BOARD OF APPEALS ) be denied and After investigation and inspection the Board finds that the applicant requests permission to erect a six foot fence in his front yard. The reasoning of the Board is that they agree~with the appli- cant that he is afflicted with a lack of privacy due to the fact he has a five sided lot abutting on three streets. 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 Burris T. and Vivian Jester, Beebe Drive, Cutchogue, New York, be GRANTED permission to erect a six foot fence in the front yard. Location of property: Lot No. 10, Map of Moose Cove, Cutchogue, New York. Vote of the Board: Ayes: Messrs: Gillispie, Bergen and Doyen. 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. 8:35 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. CD.S.T.) Upon application of Burris and Vivian Jestert 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 Location of property: Lot No. New York. 9:00 p.M. Bay View Road, (6) foot fence in the front.yard. 10, Map of Moose Cove, Cutchogue, (D.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 LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Build~ Zone Ordinance of the Town of Se~thold, New Yorlb public hearings will be belff by the Zoning Board of Appeals at the Town Hall, Main Road,~,~nathold, New York on Thursday, July 6, 1978, oathe following appoals 7:45 p.M:~(D.S.T.) Upon applioatiam ~ Rhumb Line, Inc., }; 35: F~;0nt Street, GreenpOrt, New York; for a special exception to the Zoning Ontinance, Article III, SectiOn 1~-30 C 6 f for per- mission to erect an off- premises directional sign. Location oi property:. Seuth- west corner of Shipyard Lane and Main Road (S. R. 25), East Marion, NeW York, bounded on the north I~y 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 Rilumb 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 comer of sills Road and Main Road (S. R. 25); Greenport, New York, bounded on the north by Main Road (S. R. 25); east by H. Reese, Jr.; south by Herman; and west by Ciacia. 8:00 P.M. (D.S.T.) Upon application of Keith G. Gilbride, 950 North Sca Drive, Southuld, 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 a lication of Stephen{ ~PsPo~takis, d-b-a Captain Kidd Water Co., Middle Road, Mattituck, New York, for~ variance in accordance wi 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- truck, New York. 8:25 P.M. (D.S.T.) Upon application of Stanley Slea- jeski, (Richard Lark, Esq.), 2760 Ru, 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. 8:35 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 Schedule 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.) U~.~n a~pIication of Burri~ a'n~d- 'V~[an J~ter, Beebe D~ve~_ 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, Seuthuld, 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. 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 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- an; south by Tabor; and west by Private Road. ~a_8. :S0 (D.S.T.) Upon p.m. pplication of Burris and Viv- ian~$ter, B'eebe Driv_e,~_~t_-' chogue, New York, for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-35 for permis- sion to erect a six (O) foot fence in the front yard. Location of property: Lot No. 10, Map of Moose Cove, Cutchogue, New York. 9:00 p.m. (D.S.T.) Upon application of John A. Poi? woda, Bay View Road, South- old, New York, for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C 2 for permission to erect a second ground sign. Location of pro- perty: Southwest corner of Main Road (S.R.2S) and Ho- bart Road, Southold, New York, bounded on the north by Main Road, east by Hobart Road; south by J. Lehman and west by Warnaka and Ross. 9:15 p.m.. (D.S.T.) Upon application of Bradford B. Green 101 Bard Avenue, Staten Island, New York, for a variance in accordance xvith the Zoning Ordinance, Article Ill, Section 100-31 and Bulk and Parking Schedule for per- mission to divide property with insufficient area. Location of property: Lots No. 189 and 190, Nassau Point, Cutchogue, New York. 9:25 p.m. (D.S.T.) Upon application of Donald G. King, Rocky Point Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient area. Location of property: Lot No. 16, Map of Jackson's aolln~ ~ ,gq glaOlsaax put 'gl~lt qal~oB ~uo'I gq ~(IJoqlno$ !~loaJD S,uzaol8[ mo& gq TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application doted ..................... J.t~3~,,..~.~ ............ , 19.7.~... for permit to construct ..~.....~......~...?.~::,.at the premises located et~ .................................. ~"~/' '~D~..~.7 ~.~.~ ~C......7~../~........t .... :~'..,~ ................... Street Mop .,~LC.~, ........~.~....'~. ...... Block ............................................ Lot / ~) is returned herewith and disopproved on the following grounds ............................................... ~... ......... ~.~.~ .......... ~:~ ........ ~ ........ ~ ...... ,--,-.~.~.,.~..~.~.~.: ....................... U Building Inspector George Fisher O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL DATE....~.//...~../.~.. ~. ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, (We).~&.~:a~...~..~r..e:~.~....f..c..c....of ...~..~¢.j~...c........D...C.t'..u..~ .................................... Name of Appellant Street and Number ..~.H..~.(.b..o..~.~..~.. ............................................................... .~...~...~...o..C~...HEREBY APPEAL TO Municipality State tHE ZONING BOARD OF APPEALS FROM the DECISION Of ~I~E BUILDING INSPE~C~)R ON APPLICAT,ON FOR PERM,T NO ..................................... DATED .......... ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMLT FOR ?CCU NCY ,. LOCATION OF THE PROPERTY .%.~r.~?~.~.~t.~.~-~..~..v-E*~/~q~..~.¢~!~.~..~.u.~~T Street Use District on Zoning Mop A~..o..~.~..Co.~.c..s...,..t,.~i,:v.~'~.~.-. ........ ..&....t.. ~./.¢ ......... 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.) 3./TYPE OF APPEAL Appeal is made herewith for (V') 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 ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~/) A Variance to the Zoning Ordinance ( ) is requested for the rea~on that ~orm ~.I~1 (Continue on other side) REASON FOR APPEAL Continued 0 sory HARDSHIP because ~'~ ace -/-fito on//V on¢~ w/fh 3 9~o~t y~ds. S,~nce ~e ~a.e STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because ~ ~ ~ ~' ¢ -/'~ e O eh/V o v~ e~' / CHARACTER OF THE DISTRICT because L,u ~' a r ~ I'~ The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE tLe a re,~ at' STATE OF NEW YORK) ) ss cOUNTY 0[,-q o/4- Sworn to this .............. /,.q~7~.~ .................... day of .............. .~.~.~).C~ .......................... 197~:;> NOTARY PUBLIC, State of New York NO, 52-8125850, Suffolk Cou,~y Term Expires Match 30, 19..~ ~K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 JTT/bn cc:file Enc./ June 13, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2435, application of Vivian & Burris T. Jester for a variance. Also included are notification to adjoining property owners as follows: Mr. & Mrs. Stephen F. Leskody, Beebe Drive, Cutchogue, N.Y.; Mrs. Valerie Card, Shelter Island, N.Y. 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 Southold to request a (Variance) ($F::!:-', -'-×~,~;on) ~ (thee following relief: ~ ~ ~ 2. That the property which.is the subject of ~he Petition ~loc~to y~and is des- cribed as follows: ~z~'/~-f ,~,d,~/~f ~ ~ ~ , 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: 5. That the_provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ?~-~_ ~ . ~ /OO - ~" 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: ~////~/'7 ~ Post Office Addressf~. ~ ~_~ / ~ NAME PROOF OF MAILING OF NOTICE ADDRESS [ ee Le C.t k 03 e, lU. y, II? s' STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: rice at Cnd-~hncr~ {certified) (registered) m~il. VJvi~n .Tester , residing at P.O. Box 619: Beebe Drive C.~rohng~o, N~xaVr~rk , being duly sworn, deposes and says that on the 13th day of .T~m ~ ,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- ; that said Notices were mailed to each of said persons by Sworn to before me this 13th day of June ,19 78 Notary ~ubli~ ELIZABETH ANN N~ILLE NOTARY PUBLIC, State of Hew York Nq. 52-8125850, SuffolkCouo~¥ Ten~ Expires Ma~ch 30, !9.~ SEE SEC NO 13~ SEE SEC. NO 157 ~0 ~5