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HomeMy WebLinkAbout2493 TO~VN OF SOUTHOLD, NEW YORK ACTION OF THE ZO~l~qG BOAZ~D OF APPEALS Appeal No. 2493 Dated November 8, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To John and Patricia Koehler 23 Essex Road Essex Fells, New Jersey AppeHant at a meeting of the Zoning Board of Appeals on November 30, 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 Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance (X) Recognition of Access the appeal 1. SPECIAL F~CEPTION. By resolution of the Board it was d~ermined that a special exception ( ) be ~anted ( ) ~ de.ed pursuant to Art~le .................... Sect~n .................... Subsection .................... paragraph .................... of the Zoning O~inance and the decision of the Building I~pector ( ) be reversed ( ) be co~irmed b~aure 8:55 P.M. (E.S.T.) Upon appl±cat±on of John and Patr±c±a Koehler, 23 Essex Road, Essex Fells, New Jersey, for a variance in accordance with 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. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE APPROVED ,_ ~~ BOARD OF APPEAI~ FORM ZB4 Cha~ri~a~ ~0~lu u, ~.pP' .... ~ Upon investigation and inspection the Board finds that the applicant requests recognition of access on Majors Pond Road, Orient, New York. The access meets the present Town requirements for roads and is constructed of gravel and sand. The Board agrees with the reasonong of 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 the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED that John and Patricia Koehler, 23 Essex Road, Essex Fells, New Jersey, be GRANTED recognition of access as requested. Location 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 Thomsen; west by Reichel and Gazarian. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill RECEIVED AND FILED BY 'II~ SOU'HiOLD TOVfN CLEP/( ? HOU o2.' To~ ~erk, To~ of Souiho!d Legal Notice Hearings -2- ovember 30, 1978 8:30 P.M. (E.S.T.) Upon application of George L. Penny, IV, Soundview 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: 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 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 variance 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 Willow Terrace Farms; south by Thompsen; west by Reiche~ 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 Lee%on Drive; west by Orr. 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 Southold, New York, public hearing will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Seuthold, New York, on Thursday, November 30, 1978, on the following appeals: 7:55 P.M.' (ES.T_.)- UPOn-~- application of Scott Ben Corp., Main Read, 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, Seuthold, New York, bounded 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 special exception to the Zoning Ordinance. Article VI, Section 100-60 C 2 -for ~ermission for a second wall sign. Location of preperty: Main Road (S.R. 25), Mattituek, New Yor.k, bounded on the north by Main Road (S.R. 25); east by DeMauia; south by Moore; west by Main Road (S.R. 25). 8:20 P.M. (E.S.T.) Upon application of James E. Gibbons, Lighthouse Lane, Southold, New York, for a variance to the Zoning Or- diuance, Article III, Section 100-21 and Bulk Parkin. g Schedule and a variance m accordance with Town Law, Section 280A for a. pprov_al~_?. access. Location of property: Lighthouse Lane, .So~tho. l.d, north by Jockey Creek; east by Hamilton; south by Pollert; west by Karlin. 8:30 P.M. (E.S.T.) Upon application of George L. pe~nny, IV, Soundview Avenue, Southo!d, New York, for a variance m 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 varmnce in accordance with the Zoning Ordinance, Article III: S~ction 100-30 C (5) for pormlsslon to have a stable less than 40 feet from any property line. Location of property: Sound- view Avenue, Seathold, New York, bounded on the north by Great Pond; east b~)u~~ Schriefer; south by 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 Ordioance, Article III, Section 100-32 for per- mission to construct a carport in the front yard area with reduced front yard setback. Location of property: Weshnd Road, east by Beree and Phillips; south by Chestnut Road; west by Dickinson and Eisele. ~ 8:55 P,]M. (E'S'T'I Uvon_l application o~ John an~..m P'a~nc~r, 23 Essex ~Fells, New Jersey, for a variance in accordance with the Town Law, Section 2~0A for ap- preval of access. Location of property! King Street on Major 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 aPplication of Jim Molloy, 26 Treemont Street, Garden City, New Jersey QMattituck House Movers, '/s A~ent), for a variance*in accordance with the Zoning Ordinance, Article Ill, Section 100-33 and Bulk pasking, ,Sehaduie f.or..~, r- mission to move a nmlmng with L~ufficient front yard area. Location of property: Loet~ Drive; seatholad.~ York, bounded on the north y Long Ishnd Sound; east by Mahee; south by Leeton Drive; west by Orr. Dated: November 20, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TN22-30~ COUNTY OF SUFFOLK, ~ ss: STATE OF NEW YORK, j ~t~0Y C-USTAV~0Iq being duly Sworn, scrys that ... liE.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and that the noti~, of which the ~,~-exed is ~ printed copy, h~s been published in the said Suffolk Weekly Times once in eoch week, for .... O..F,:~..(.], ) .............. weeks 22nd successively commencing on the .......................... day of November / l~.~Cy R. DOUGT. AS / No?a~e mmuc. s~,~. ot ~s~/¥o · i~esidin~ in Suffolk ~,anty C' · ~ . .lks. No. $2-6886885 ance with the Zoning Ordi- nance, Article 111, 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 Ill, 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. 8:5_~5. P.M. (E.S.T.~ Upan~ tpplication of._John and Patrir 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 application of Jim Molloy, 26 Treemont Street, Garden City, New Jersey (Mattituck House Movers, as Agent), for a , variance in accordance with the Zoning Ordinance, Article I11, 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 Dated: November 20, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 11/21/78(695) ~ / FOI~M NO. 3 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL 'To PLEASE TAKE NOTICE that your application dated .................................... .~..!~...~......~., 19Z..~.. for permit to construct ........................................ at the premises located at .................................... I · ~ l~l~ f~ ....... ~I ~I ~1 ~1 I~I ...................... [ O~ J ~ Map .................................... Block ............................................ Lot ................................................ is ,.t.:ned h*rew~th :.d did:pp,*ed o. the follow~.g ~ro~.d: .........T~.~.;~..~ ....... ~.~.......~tJ. .......... ~;~.Y.~..~.Rl~ ......... D.C.C..C~S ........ ~.~ ...... );~.g.~X ....... '.~.~?.~Z.Z ...... Z.~ ........... ., ......... ..................................... ................................................................. Building Inspector JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS To: From: Southold, L.I., N.Y. 11971 November 8, Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk 1978 TELEPHONE (516) 765-1801 Walter E. JTT/bn' cc:file Enc./ Reichel, 449~ Henry Str., Brooklyn, N.Y. 12231. Transmitted herewith is Zoning Appeal No. 2493, application of John & Patricia Koehler for a variance. Also included are notification to adjoining property owners as follows: Mogens Thompsen, 237 Glen Cove Ave., Carle Place, N.Y. 11514; Marie-Lire Gazarian, 80-15 Main St., Apt. C., Jamaica, N.Y.11435; TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE ........... (We) J.a hn~P. ~t.rici ~ ..Kae h 1 e.= .............. of ..... 2..5..~s~e.z..~o~d ....................................... Nome of Appella,nt Street and Number ................ ..~.~..s..e...x...~,e..~. ................................................... ]~.,.~T. .................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..... ,.1..O.~).,O,~,,._~, .............. DATED ,.,~,,o,~,:.,.~.,,,.1,~.~.,~, ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO John & Patricia Koehler Name of Applicant for permit of Willow Terrace Orient N.Y. & 23Esse× Rd. Ess~× Fells N.J. Street and Number Municipality State (x) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x)Permit To Use acces To Property 1. LOCATION OF THE PROPERTY ,S./..~.~.n:...~....~."~.:...~..~.~..~.~.~.~..~.?.?....?.~"n...d;...~.d..:...~.~.~..q~.t~:.~.~1.t~ Street Use District on Zoning Map D.e...s..c...r.i..be.~......Pr..O.D.e.~.$.y. ~.ty.,Tax ~ap 1000-26-2 Part of 39.5 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.) Section 280 A 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (x) 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 (f~a~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appea~ was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... (x) ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequestedforthereasonthat Property is in a section of undeveloped land and must haveaccess to it over private roads by name ~ajors Pond Rd. & Rowe Drive. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would preduce procticaldifficultiesorunneces- sary HARDSHIP becau~ Property Owner Would possess a land locked piece of property which he connot construct his desired home and receive a C.O. for said home. 2. ThehardshipcreotedisUNIQUEandisnotshared by all prope~ies alike in the immediate vicinity ofthispropertyandinthisusedistrictbecause This property is the only piece of property in this undeveloped area being built on that does not have access over town roads or town approved private roads. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because All aceesses in this area are over private roads and Right of Ways for distances up to 1800 feet from town roads. Sketch Drawing Attached STATE OF NEW YORK ) ) ss COUNTY OF ) John & Patricia Koehler Sworn to this ~ day of..~q~'~ ....................... 19'~ Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of John & Patricia Koehler to the Board of Appeals of the Town of Southold TO: Mogen~ Thompsen ~arie - Lize Gazarian Walter-E. Reiche i NOTICE Willow Terrace Orient,N.Y. Willow Terrace Orient,N.Y. Willow Terrace Orient,N.Y. 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: under sec 280A 2. Thattheproperty whichisthesubjectofthePetitionislocatedadjacenttoyourpropertyandisd~- cribed~llows: i Aorea on the east corner o£ Rowe Dr±ye a~ ~a~or~ ~n~ ~ Thompsen property 116' North of Gazarian property 26~' East on Rowe Dr ~10' 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingz~ingdistrict: Residential - A~ricu~t~ral 4. ThatbysuchPetitlon, theundersignedwillrequestthefollowingrelief: ~5~h~ ne Ao~ owned property over private roads - ~ajors ~ond Road & Rowe Drive. to 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: ton Wl=a~ivp ~ rpnwn ~-0: ~oQ~vty nnt (~n t~wE improved reads must be ~ranted a right of Access under 280A 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 ma), 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: 11/6/78 John & Patricia Koehler James R. Douglass (A~ent) Petitioner Post Office Address Or~nt N.Y. 11957 NAME Mogens Thompsen Marie -lize Gazarisn Walter E. Reichel PROOF OF MAILING OF NOTICE ADDRESS 237 Glen Cove Ave Carl Place, N.Y. ll51~ 80-15 Main St. Apt C Jamaica, N.Y. 11435 ~9~& Henry St Brooklyn, N.Y. 11231 RECEIPT FOR CERTIFIED MAIL PS Form NO INSURANCE COVERAGE PROVIDED-- (See o,her ,;de) Jan. 19763800 NOT FOR INTERNATIONAL MAIL ,~ G~O:,S~--~SgT-452 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: I~ James R. Douglass , residing at King Street Orient N. Y, , being duly sworn, deposes and says that on the day of November ,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- fice at Orient N.Y. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this~;?~+~ dayof ~~l~ ,19"-I'~' Notary Public DIANE AA. VOLINSKI NOTARY PUBLIC, Stale of New Yor~ No. 52-4633608, Suffol1~ Coun~ Term Expires March 30, 19~ : >- MATCH 31 401' 39.4 FOR PARCEL NO SEE SEC N0.02§-04-0i 40 / / · / / 39.1 L 3A(c)