HomeMy WebLinkAbout2433
TOWN OF SOUTHOLD, NEW YORK
ACTION OF 'r~iE ZON~qG BOARD OF APPEALS
AppealNo. 2433 Dated June 8, 1978
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Donald G. King
Rocky Point Road
East Marion, New York 11939
DATE.~.~..4, 1978
Appellant
at a meeting of the Zoning Board of Appeals on July 2 7, 19 7 8
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 Zonhag 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
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 7:50 P.M. (D.S.T.) Postponed decision 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,
Jackson's Landing, Mattituck, New York.
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
(b) The hardship created (is) (i~ net) 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 (
fhat the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
SEE REW. RSE APPROVED
) be denied and
The Board has determined the following facts concerning the
property of Donald King. The lot under application was in a
subdivision created in 1969, is V-shaped with frontage on two
streets, consists of approximately 34,000 square feet and is
encumbered by two unused substantial structures. An old brick
water tower, several floors in height presently in disrepair
and hazardous to children is located on the easterly portion
of the property. A large old barn is centrably located and
would be bisected by the proposed division of the property.
Both of these buildings hinder the further development and/or
division of the property. The applicant's hardship is self-im-
posed, however, covenants in the original deed of sale from the
subdivider recognize the encumbrance and suggest the elimination
and suggest the elimination of the tower or development within
18 months after sale. Recognizing these facts the Board is of
the opinion that the applicant should contribute to this action
by demolishing the tower and moving the barn off the proposed
new property line to a suitable rear yard area either on the
easterly or westerly lot to be created in this action. The Board
has determined that the immediate area consists of lots both
smaller and larger than the proposed new ~esterly lot of approx-
mately 17,600 square feet and the proposed new easterly lot of
approximately 16,400 square feet. The new lots will average 15
percent less in area than lots in the subdivision, however such
action may solve the problem of using a large lot encumbered by
old structures. Water is plentiful in the area. Division shall
be in accordance with survey of Van Tuyl dated June 30, 1972.
On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was
RESOLVED that Donald G. King, Rocky Point Road, East Marion,
New York, be GRANTED permission to divide lot with insufficient
area. Location of property: Lot No. 16, Jackson's Landing,
Mattituck, New York, subject to the following conditions:
(1) The tower shall be removed from the easterly lot and the
site restored subject to written approval of the Board of Appeals.
(2) The old barn shall be removed from the premises and the
site restored subject to written approval of the Board of Appeals,
OR the old barn may be moved to either of the new lots to be
created, and located no closer than 5 feet to the rear lot line,
15, feet from a side lot line, or 35 feet from a front lot line.
In case the old barn is divided with part on each lot, the above
yard restrictions would also apply.
(3) Provided conditions No. 1 and No. 2 are met with written
acknowledgements by the Board of Appeals before July 28, 1979, the
resolution to divide the property shall become effective, unless
further extention of time is granted by public resolution by the
Board of Appeals after a public hearing, properly noticed.
Vote of the Board: Ayes: Gillispie, Bergen, Grigonis, and
Tuthill.
RECEIVED AND /LED BY
TH~ SOUTh/OLD TOWN CI.F~P~K
DATE
Town Clerk, Town of Southold
illegal Notice
9:25 P.M.
-3- Hearings: July 6, 1978
(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, 1978
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
pLEASE PUBLISH ONCE, JUNE 29, 1978, AND FORWARD TEN (10)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK, PRIOR TO THE JULY 6, 1978,
MEEING
Copies mailed to tke following on ~ 28, i978:
Rhumb Line, Inc.
Keith G. Gilbride
Stephen Tsontakis
Stanley Sledjeski, Richard F. Lark, Esq.
Mr.. and Mrs. Glen Moon
Mr, and Mrs. Burris Jester
John A. Polywoda
Bradford B. Green
Donald G. King
LEGAL NOTICE
NOTICE OF
HEARINGS
Pursuant to Section 267 of
the Town Law and the
provisions of the Amended
Building Zone Ordinance
the Town d Snathold, New
York, public hearings will be
held by the Zoning Board of
Appeals at the Town Hall,
Main Road, Southuld, ~'New
York, un,Thursday, July 6,
1978, On the following appeals:
7:45 P.M. '(D.S,T.) Upon
application of Rhv~nb 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 ~proporty: 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., 38 Front Street,
Greenpert, New .York, for a
special exception to the
Zoning Ordinance, Art/cie III,
Section 100-30 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
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 Sea Drive,
Southofd, 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,
pounded on the north by
Lorabardi; 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,
Mattituck, 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, Now York.
8:25 P.M. (D.S.T.) Upon
application St~ v 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.
8:35 P.M. (D.S.T.) Upon
application of Glen and Ann T.
Moan, 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.) Upon
application of Burris and
Vivian Jester, Beebo Drive,
Cut~hogu~, 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 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.) .U.~po~
app"~F~/~ of Donald G~
Ko~oint 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. 15, Map of Jackson's
Landing, Mattituck, New
York.
Dated: Jane 26, 19~8
BY ORDER OF
THE SOUTHOLD
TOWN BOARD OF
APPEALS
1TJ29-3015
New York, for a variance in
accordance with the Town
Law, Section 280A for approv-
al of access. Location of pro-
perty: Map No. 90, Stanley
Sledje~ki da~ed 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 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-
ian Jester, Beebe Drive, Cut-
chogue, New York, for a
variance in accordance with
the 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
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) aod 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
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.T0 Upo~n
application of Donald G. King,
Ro~k~ Point Road, East
Marion, New York, for ~
variance in accordance wit!
the Zoning Ordinance, Artich
111, Section 100-30 and Bull
Schedule for permission
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 T('~'~
BOARD OFAPP' ~
1T-6/2¢~
' 0
FO~/I NO. $ ~
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAFFROVAL
File No ....... ~,~J,3 ................................................ Date .............................. ~Ulle..21~., ....... , 19../.8.
To ....... ~1~.. ^.. ]:lo~a,l,d.. JEing ...............................
~cky Point Road
East Marion, New York 11939
PLEASE TAKE I~OTICE that your application dated ................. .J.?/..tl:.e.....g..f ................... , 19.]..8...
,~/,c~ ..: ...... ...~....~ ............... at the premises located at .~.
for permit to c.~ll~l~t "'~'"/"'~'"~'f"~'"'~"~'~'~
... [.... ?..!~...~.......~...~.[.(.....~..U...~ ....~ ............ Street )/) .]?...~ f, (,~,t
~_ ,>,, c~.,,, ~.w..~ ..... ~ot ..... ~.G.i ............................. .,s
::u~rZ'cl"~erewith and disopplov~d on the follow, ng grounds ...... ~./..~..ii........(~'...~..?.?.....~..~.~ .............
~,.~ ..x...:~ ~ ,~ ~:.:-.. ~ ~....~,~.~ ...........
:::::::::::::::::::::: :::::i..i....iii ...... ::Z ..........................
Building Inspector
George Fisher
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of Appella,nt Street and Number
........................ ..J~...s..%...~.X...~3.. .................... ~.~3~9. ......................... .N.,~.t ............. HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF T~BUILDING INSPECTO~/~ ON
APPLICATION FOR PERMIT NO DATED ..L..~g6¢C ~ / .~.7 (....
WHEREBY THE BUILDING INSPECTOR DENIED TO // ~"
( )
( )
Name of Applicant for permit
of
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ......... ..~L,..]~...~.~..j.......P~..~.X.~.U.,,~,......~.:..~........~.I.~.~.~ .....................
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.)
Article III,section 100-30 and Bulk Schedule
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 Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) ~.g.o_t~! been made with respect to this decision
of the Building Inspector or with respect to this property,
Such cppeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(X)
( )
REASON FOP* APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
l~rm ZB1
(Continue on other side)
REASON FOR APPEAL
Continued 0
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because Ti3is propert~r is larger f~an t~e suz~o~z~clin~ lotso
It also facee on teo roads and lends itself to convienant divison of property.
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 Thee pz'oDert~r ts ~toh larger t, han
a~aeen~ adjacent propertie~.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because Zt, woa.ld became siailar %o ~ ad~o~
proper~te~.
COUNTY OF )
Sworn ,o this .......................... 1..~... ........... doy of ................... :~.(~ ................. 19'1 f~}
JUDITH T. TERRY
TOWN CLERK
R~GISTRAR OF VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L.l.,N.Y. 11971
June 8, 1978
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2433, application of Donald G. King
for a variance. Also included are notification to adjoining property owners
as follows: Michael Romano, 2121 62nd St., Brooklyn, N.Y. 11200; Joyce Oropeza,
Riverhead, N.Y. 11901; Norbett F. Thaler, 613 Prospect Ave., Ridegefield, N.J.
07657; Steven S. Mc Nabb, 7 Breezy Knoll, Westport, Conn. 06880.
JTT/bn
cc:file
Enc./
AUb-',2 1978
outho wn oar ea
SOUTHOLO, L. I., N. Y.
TELEPHONE (516) 765-1809
AFPEALS BOARD
NIEMBERS
ROBERT W. GILLISPIE, JR., CHAIRMAN
CHAR LES GRIGONIS, JR.
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
September 29, 1978
Mr. Donald G. King
Rocky Point Road
East Marion, New York
11939
Re: Appeal No. 2433
Dear Mr. King:
In response to your letter of September 18, 1978, received
by us on September 25, 1978, the decision on Appeal No.
2433 was subject to conditions. It is unlikely that the
Board of Appeals will modify the conditions in the action
except that it is possible the Board might be willing to
postpone the time limit for adequate reasons.
A decision of the Board of Appeals can be appealed within
30 days of the date that the signed, completed decision is
filed in the Town Clerk's office. It appears that your
time limit has expired. However, an Article 78 proceeding
can be undertaken. For this we suggest you consult your
attorney
Yours truly,
RWG:bcc
ROBERT W. GILLISPIE, JR.
Chairman
cc: Robert W. Tasker, Esq.
Rocky Point Road, East
· ' , N.Y. 11939
~rlon
Board of Appeals
Southold, New York 11971
Re: Appeal No. 2433
Gentlemen:
decis_on in granting a subdivision
I aM in receipt of your ~
of our ~xisting property, Lot No. 16, Jackson's Landing, Mattituck,
New York.
I appreciate your decision in allowing me to subdivide the
above mentioned property, however, the conditions imposed are
incomparable with our desire to maintain the historical integrity
of the Jackson's L~n~ing area. The application for variance as
argued had been to retain both the existing structures namely a
barn and a five story tower, while subdividing the property into
two equal lots of approximately the same area.
The tower from an engineering point of view is an extremely
sound structure. I have recently boarded up all windows and
entry ways of both tower and barn and made them as secure and as
safe as possible, including the stairway in the tower.
Also in question is the time limit imposed. The intention
was to subdivide when either of the separate structures was sold,
which may take more than the time allowe~ in the approval for
the subdivision.
I have spoken to a member of the immediate community and
we realize this is a Pyrrhic victory. I have the subdivision
but according to your decision we all have lost the tower which
the community and I would prefer not to see replaced by a
"splanch".
I wish to appeal, if necessary, this decision and will send
a copy of this letter to a member of the community for distribu-
tion so that all parties concerned are aware of my position.
Kindly advise me as to the procedure required to bring
about the retention of both structures and the subdivision of
the property without time limits.
Sincerely yours,
September 18, 1978 D.G. King ~
cc: Anna McNabe
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~V~,~.(Special Exception) (Special Permit) (the following relief: To a~Y~_~-~- 4~..__*__~ +.~
~o%s.one fron~-~ m~ ~4~ I~do;one fron%~n~, on Jackson Land~r~ I~d~
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:
A~e aid~n~ial
4. That by such Petition, the undersigned will request the following relief:
$. That:thee I5~ovisions or'the Sottthold-Towff ZOnifl~ Code'~pEca'ble 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:
Petitioner
Post Office Address
PROOF OF MAILING OF NOTICE
NAME
ADDRESS
REGISTERED NO. POSTMARK OF
Value $
Reg. Fee $ Return $ 'O ~'
Receipt
Handling ~ed -- --
Charge $ Delivery
Postage $ [] AIRMAIL
POSTMASTER (By)
REGISTERED NO.
Va~e $
Reg. Fee
Handling
Charge
Postage $
POSTMASTER (By)
FROM
TO
POSTMARK OF
REGISTERED NO.
Value
Reg. Fee
Handling
Charge
Postage
POSTMASTER (By)
FROM I
TO
IxJ ~ C- ~ C--- . res,d,ng at f-~0"~) 4-2° -/ ,/~/'/~ ?-y . /
.. _/ , being duly sworn, deposes and gays th'at on the '~u~l~l~day--f~ljLY~
of /~ ,19 //~' , deponent mailed a true copy of the Notice set forth o-n~"he re- [
verse side ht~reof, 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 currefft~assessment roll of the '[own of Southold;
rice at '~60~w-~ ~ -~.
(certified) (registered) mail. !
Sworn t o/~e~f~ m:
day of
that said Notices were mailed at the United States Post Of-
; that said Notices were mailed to each of said persons by
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