Loading...
HomeMy WebLinkAbout2475 TOWN OF SOUTHOLD, N~V YORK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 2475 D~ed September 11, 1978 ACTION OF THE ZONING BOARD OF APPEALS OFTHETOX~NOFSOUTHOLD To Raymond and Adah Redfield 255 Willow Street Roslyn Heights, New York 11577 1978 Appellant at a meeting of the Zoning Board of Appeals on October 19, 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 ( ) 19 7 8 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was d~errnined that a special exception ( ) be graded ( ) ~ ~nied pursuant to ~tic~ .................... Section .................... Subse~ion .................... paragra~ .................... of the ~n~g Ordinance and the decision ~ the BuildEg I~peetor ( ) be reversed ( ) be co~medbeeause 8:50 P.~. (D.S.T.) Upon appl±catlon of Raymond and Adah Redfield, 255 Willow Street, Roslyn Heights, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insufficient area and width. Location of property: Paradise Shores Road, Southold, New York, bounded on the north by Private Road; east by Daiker; south by O'Toole; 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 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 sp~it 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS After investigation and inspection the Board finds that the applicant wishes to convey a portion of his property 10 feet by 48 feet to his neighbor who has been using this portion of the property for the past 18 years. The findings of the Board are that this will not change the character of the neighborhood in any way. 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. Tuthill, seconded by Mr. Douglass, it was RESOLVED that Raymond and Adah Redfield, 255 Willow Street, Roslyn Heights, New York, be GRANTED permission to divide property with insufficient area and width as requested. Location of property: Paradise Shores Road, Southold, New York, bounded on the north by Private Road; east by Daiker; south by O'Toole; west by Private Road, subjeot to the following: Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. RECEIVED AND FILED BY ~ SOU'i~iOLD TO¥~q~ CLERK Town Clerk, Town of Southold Legal Notice of Hearings with the Zoning Ordinance, -2- Article III, October 19, 1978 Section 100-31 and Bulk Schedule for permission to construct a house with insufficient front and rear yards. Location of property: Robinson Road, Greenport, New York, bounded on the north by Robinson Road; east by Troyan; south by Sterling Basin; west by R. Melrose. 8:35 P.M. (D.S.T.) Upon application of William and Peggy White, First Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 and Bulk Schedule for permission to divide property with insuf- ficient frontage. Location of property: First Street, New Suffolk, New York, bounded on the north by Frances Majeski; east by First Street; south by Main Street and West by J. Kinczell. 8:50 P.M. (D.S.T.) Upon application of Raymond and Adah ~ Redfield, 255 Willow Street, Roslyn Heights, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide pro- perty with insufficient area and width. Location of property: Paradise Shores Road, Southold, New York, bounded on the north by Private Road; east by Daiker; south by O'Toole; west by Private Road. ~ 9:00 (D.S.T.) Upon application of Sarah Rausch, 1223 Cornegia Avenue, Far Rockaway, New York, (John S. Sherwood, as Agent), for a special exception to the Zoning Ordinance, Article III, Section 100-30 B 9 (a) for permission to construct a storage building with shower, a bulkhead, ramp and mooring float. Loca- tion of property: Gull Pond Lane, Greenport, New York, bounded on the north by Germansky and others; east by Fordham Canal; south by Rutkowski and others and west by Gull Pond Lane. 9:10 P.M. (D.S.T.) Upon application of Jean Case, New Suffolk Lane, Cutchogue, New York; Bruce McLean Case, New Suffolk Lane, Cutchogue, New York; and Walter Teresko, New Suffolk Lane, LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section ~'/ of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Seuthold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Soad, Seuthold, York, on Thursday, .O~.to?e 19, 1978, on the fonowmg appeals: 7:40 P.M. (D.S.T.) Post- poned decision upon ap- plication of Betsy Latham, Private Road, Orient,. New York, for a variance in ac- cordance with the Zoning Ordinance to divide property with insufficient frontage and area. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by G. E. Latham, Jr.; south by Private Road; west by Long Island Lighting Company. 7:50 P.M. (D.S.T.) Upon application of Russell Tabor and Sons, Main Road,. Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Area Schedule to divide property with in- sufficient area and front and roar yard setbacks and for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Main Road, Orient, New York, bounded on the north by Main Road and Tabor; east by Tabor and Schriever; south by Tabor and Schriever; west by Village Lane and Tabor. 8:05 P.M. (D.S.T.) Upon application of Henry M. Jaquillard, 13100 Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Buik Schedule for permission to conntruct an addition to the greenhouse with insufficient side yard area. Location of property: Main Road, Mat- tituck, New York, bounded on the north by Main Road; east by W. L. Grabie; south by John Wickham; west by R. C. Kopf. ' 8:20 P.M. (D.S.T.) Upon application of James Melrose, 39 Robinson Road, Gr?npo[t, New York, for a vartance m accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for : permission to construct a house with insufficient front and rear yards. Location of property: Robinson Road, Greenport, New York, bounded on the north by Robinson Road; east by Troyan; south by Sterling Basin; west by R. Melrose. 8:35 P.M. (D.S.T.) Upon application of William and Peggy White, First Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 and Bulk Schedule for permission to divide property with in- sufficient frontage. Location of property: First Street, New Suffolk, New York, bounded on the north by Frances Majeski; east by First Street; south by Main Street and West by J. Kinczelh 8:50 P.M. (D.S.T.) Upon application of Raymond.,and Adah Redfield, 255 WillOW Street, Roslyn Heights, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for 1 3al nol e permission to divide property with insufficient area and width. Location of property: Paradise Shores Road, Southold, New York, bounded on the north by Private Road; east by Dalker; south by O'Toole; west by Private Road. 9:00 P.M. (D.S.T.) Upon application of Sarah Rausch, 1223 Cornegia Avenue, Far Rockaway, New York, (John S. Sherwood, as Agent), for a special exception to the Zoning Ordinance, Article III, Section 100-30 B 9 (a) for permission to construct a storage building with shower, a bulkhead, ramp and mooring float. Location of property: Gull Pond Lane, Greenport, New York, bounded on the north by Germansky and others; east by Fordham Canal; south by Rutkowski and others and west by Gall Pond Lane. 9:10 P.M. (D.S.T) Upon application of Jean Case, New Suffolk Lane, Cutchogue, New York; Bruce McLean Case, New Suffolk Lane, Cutcbogue, New York; and Walter Teresko, New Suffolk Lane, Cutchogue, New York (Richard F. Lark, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with in- sufficient frontage. Location of property: New Suffolk Road, Cutchogue, New York, bounded on the north by James Horton; east by John Wickham; south by other land of Teresko; west by New Suffolk Road. 9:20 P.M. (D.S.T.) Upon application of Susan Jacobs, 605 Soundview Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct an ac- cessory building in the front yard area. Location of property: Soundview Avenue, Mattituck, New York, bounded on the north by Long Island sound; east by Saltaire Civic Association; south by Soundview Avenue; west by J. McLaughlin. 9:30 P.M. (D.S.T.) Upon application of Henry Luce, III, Fishers Island, New York (Eric Haas, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C 2 for permission to construct a fence arrund an underground pool. Location of property: Fishers Island, New York, bounded on the north by Private Road; east by Sim- mons; south by Block Island Sound; west by Coffee. Dated: October 10, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ITO12-3075 COUNTY OF SUF STATE OF NEW ..... 5:ro~.. Ous' ~m/s that ...h.e.,, · WEEKLY TIMES, -.ounty; and ~hat t ~opy, has been pt ~nce in each wee]~ quccessive{¥ comr 0ctobe $ay of .......... ~worn to Jay of .. ~.~.~ ~re-enport, New York, bound- ed on the north by Robinson Road; east by Troyan; south by Sterling Basin; west by R. Melrose. 8:3S P.M. (D.S.T.) Upon application of William and Peggy White, First Street, New Suffolk, New York. for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 and Bulk Schedule for permission to divide property with insuf- ficient frontage. Location of property: First Street, New Suffolk, New York, bounded on the north by Frances Majeski; east by First Street; south by Main Street and West by J. Kinczell. g:50 P.M. (D.S.T.) Upon iaoolication of Raymond and Ad-ah Redfield, 255 si~~Tgghi~, York, for a variance in accor- dance with the Zoning Ordin- ance, Article IlL Section 100-31 and Bulk Schedule for permission to divide property with insufficient area and width. Location of property: Paradise Shores Road, South- old, New York, bounded on the north by Private Road; east by Daiker; south by O'Toole; west by Private Road. 9:00 (D.S.T.) Upon appli- cation of Sarah Rausch, !223 Cornegia Avenue, Far Rock- away, New York, (John S. Sherwood, as Agent), for a special excel~tion to the Zoning Ordinance, Article III, Sech 100-30 B 9 (a) for permission to construct a storage building with shower, a bulkhead, ramp and mooring float. Location of property: Gull Pond Lane, Greenport, New York, bound- ed on the north by Germansky and others; east by Fordham Canal; south by Rutkowski and others and west by Gull Pond ' Lane. 9:10 P.M. (D.S.T.) Upon application of Jean Case, New Suffolk Lane, Cutchogue, New York; Bruce McLean Case, New Suffolk Lane, Cutchogue, New York; and Waiter Te- resko, New Suffolk Lane, Cutchogue, New York (Richard F. Lark, Esq.) for a variance in accordance with the Zoning Ordinance, Article ill, Section 100-31 and Bulk Schedule for permission to divide property with insuf- ficient frontage. Location of property: New Suffolk Road, Cutchogue, New York, bound- ed on the north by James Horton; east by John Wick- ham: south by other land of FOI~M NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Dote ~::-~-/' ! I -7~ PLEBE TAKE NOTICE that your application dated for permit to ~ ........................................at the premises located at .................................... ~,r 7~x ~ ~o~ ~- I-7 Mop .................................... Block ............................................ Lot ................................................ ,~t.~n~a h~,~t~ o.d ai.~p~,o~.a o. t~ ¢oUo~.~ O,ouna. ..... .(~.~...~.~ ....... ~.~.~. .............. ~ FEE7 ~ I~0 ~T~ I~ ~[St~E~TI~ L ................................................................................................................ ~.~ ~.~.~..C~ .................... ......... ...... Buildin~ Inspector O O TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO,~4~/~_~-~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Raymond B.~ &-Adah Redfield . 255 Willow St. 1, (We) ........................................................ ot ............................................................................ Name of Appellant Street and Number ........ ................................................... APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................. : .................. DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY _?..~..~.a...~.~..e..e....~.?..e,..8...,~cl-..:. ............... .".~,"...~.~..8.~..,. ............... Street Use District on Zoning Map x x SouthoI~ N .Y. lv~op No. Lot No. School Dist.. 5 TaX Map sheet 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.) Art. III ZO0-~3~ and Bulk, Are~ & Parking Schedule 3. TYPE OF APPEAL Appeal is made herewith for (:Z) 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 (11~ (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 ) reque~ied for the reason that I W'~Sb tO decrease s£ze of ~ lot by sailing IO~f~et~ of southerly end of my property to my ad~acemt neighbor, who. has been usiug this area for past ~8 years ~m zsi (Continue on other side) REASON FOR APPEAL O 'Continued 0 I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Both Iota ne~ are under minimum required siz~ 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 becauseT_x:)ts "~S is" have existed -for over 40.~ years 3. The Variance would observe the spirit of the Ordina/~? and WOULD NOT CHANGE THE CHARACTER OF,THE DISTRICT because The ].O -ftX.'~ quest'io~ has bee~. wed by purchaser zor pa~ ~Z8 years. NQ cha~ge in use ~s planned, no, new Iot w[lI be crea~ed ~r new home bui~. This wilI be an exchange of lO~eet of propez~y between exf~g adjacent owners Notary Public JUDITH T. TERRY Notary PubJic, State of New No. 52-0344963 Suffo k Count~,~ Cornmiss on Expires March 30, COMMISSION Seth A. Hubbard · Chad-man L~e £. Koppglman Suffolk County Department of Planning Feteran~ Memorial Highway Hauppauge, L. L, N. Y. 979-2918 11768 Town of Southold Board of Appeals October 25~ 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 coostrued as either an approval or a disapproval. Applicant Municipal File Number Betsy Latham Daniel & Laura Shybunko Ra:tmond & aa~h Redfield William & Peggy White James Melrose Russell Tabor & Sons Henry Luce III Sarah Rauch Jean & Bruce Case & Walter Teresko Harry & Arlene Jacquillard Susan Jacobs 2466 2469 2475 2476 2477 2478 2479 2480 2481 2482 2483 GGN:jk Very truly yourg, Lee E. Koppelman Director of Planning CHIEF PLANNER 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 .Ap~aals .............. of the town of ..... S~uthold ............... (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 Raymond and Adah Redfield 255 Willow Street Roslyn Heights, New York Appeal No. 2475 ..... ~ ........ Variances Location of affected land: .....p.a.r~d./,se..~ho=.e~..Roa(z.~...~ou.t,h~l(~r...~%ew...¥o=k ....................... within 500 feet of: (check one or more) ..... X ........ 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 I{nes. ................ State or county owned parcel on which a public building is situated Commeou: Applicant was granted permission to divide his property with insufficient area and width. Applicant is transferring the suutherly 10 feet of his property to his neighbor who has used it for the past 18 years. Date:.Octobe=...2.0.,...19.7~ ..... (signed) Robert W. Gillispie, Jr. ............. Chairman ............................................... T/t/e Date received by Suffolk County Planning Commission .................................................................................... File No ................................. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L.I.,N.Y. 11971 September 11, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No.2475, application of Raymond & Adah Redfield for a variance. Also included are notification to adjoining property owners as follows: Bertram Daiken, 14 Vanderventer Ave., Port Washington, N.Y.; Mr. & Mrs. John J. O'Toole, Paradise Shores, Southold, N.Y. Town C er ~ JTT/bn cc:file Enc./ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Raymond B. & ~ah RedfieId : to the Board of Appeals of the Town of Southold : TO: Beard of Appeals of the Town of Southold 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) (Special Exception) (Special Permit) (the following relief: Variance ). That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: N: Private Rd.. E~ Daiker S: O'Toole W: ~t Roa~ 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Dist. School Dist. 5 Tax Map Sheet ~7 4. That by such Petition, the undersigned will request the following relief: Purchase by ad,lacent owner lO' x 48' area on southerly end of my property 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: AT~_.; IT_I 'rOO-~xT_ o_~_~_ ~21'k_, Ar~e ~ 'Pn'w!~"i'n~ 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 riDated: ght to appear and be heard at such hearing, r~ p~t~ticm/er - . PostOfficeAddr~s 255 Willow St. Roslyn Heights, N.Y. 11577 NAME PROOF OF MAILING OF NOTICE ADDRESS PS Form 3800, -&pr. 1976 ~ ~ CONSULT POSTMASTER FOR FEES PS Form , Apr. 1976 ~ ;I .~ I CONSU'TPOSTMASTEnFORFEES-] ~1' "~ OPTIOnaL ~RVICES ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: 3--~4~/ ~. ~ '~-v~ /,~ , residing at ,~44~,~ ~/,Lg'~__:. ~-~,o4:e.~ ~.~0 ~'~o/c:L , being duly sworn, deposes and says that on the ~ day of ~,~-/-~' r~q ~ e ~ ,197 ~/ , deponent mailed a true copy of the Notice set forth on the re- verse side hereot~, 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 ~'~ c4-'/-~ 0 / a~ ; that said Notices were mailed to each of said persons by (certified) (r~ffi~e~aL) mail. Sworn to b~ore~ this /,/-~ Notary Public JUDITH T. TERRY I%ta~ Public; State of New York ~1o. 52-0344963 Suffolk County.~ ~mrrlission Expires March $0, 19~ ' 25 ~ ~0 /- / (D) ,= 14)