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HomeMy WebLinkAbout2393 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF AFPEAL$ Appeal No. 2393 Dated February 1, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO%VN OF SOUTHOLD To Norman A. Reilly Cedar Drive Mattituck, NY 11952 DATE.~...~' 1978 AppeBant at a meeting of the Zoning Board of Appeals on March 2, 1978 was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance lo the Zoning Ordinance ( ) the appeal I. SPECIAL EXCEPTION. By resolution of the Board it was determined th~ a ~ecial exception ( ) be ~anted ( ) be denied p~suant ~ ~tic~ .................... SectEn .................... Subsection .................... para~aph .................... of the Zoning Ordinance and the decision of the Building I~pector ( ) be revers~ ( ) be co~med b~ause 7:45 P.M. (E.S.T.) upon application of Norman A. Reilly, Cedar Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot and approval of access. Location of property: Private Road, Mattituck, New York, bounded on the north by Joseph Carlton, N. A. Reilly, Jr., and A. Reilly & Sons, Inc.; east by B. Caffery; south by Private Road; west by Theda Shula, Harold Smith. 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 distrirt because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( that the previous decisions of the Building Inspector ( SEE REVERSE FORM ZB4 ) be granted ( ) be denied ) be confirmed ( ) be reversed. ZONING BOARD OF ~~ After investigation and inspection, the Board finds that the applicant requests permission to set off lot and approval of access, Private Road, Mattituck, New York. The findings of the Board are that the Board is in agreement with the reasoning 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 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. THEREFORE IT WAS RESOLVED, Norman A. Reilly, Cedar Drive, Mattituck, New York, be GRANTED permission to set off lot and approval of access, Private Road, Mattituck, New York, as applied for, subject to the following condition: The right-of-way shall be cleared to a width of 15' The topsoil shall be removed from the surface of the right-of-way to a depth of 6" and replaced with bank run scarified into the surface. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. RECS'IVED AND FILED BY ~Lv. $OUii~OLD TO%?l] CT.V...r{.~ DATE ~/~/~ HO~ /~'o~,¢,,,. ~n ~lork, Iown of Southold LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, March 2, 1978, on the following appeals: 7:30 P.M. (E.S.T.) upon application of Melania M. Leiblein, 2980 North Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: South side Route 25, Greenport, New York, bounded on the north by Route 25; east by Gull Pond Lane; south by E. A. Schoetzan, Lot 5 of Fordham Acres; west by A. Mazzaferro, Lot 3 of Fordham Acres. 7:45 P.M. (E.S.T.) upon application of Norman A. Reilly, Cedar Drive, Mattitu~k, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule and the Town Law, Section 280A for permission to set off lot and approval of access. Location of property: Private Road, Mattituck, New York, bounded on the north by Joseph Carlton, N. A. Reilly, Jr., and A. Reilly & Sons, Inc.; east by B. Caffery; south by Private Road; west by Theda Shula, Harold Smith. ~ 7:55 P.M. (E.S.T.) upon application of Timberland Associates, Inc., North Bayview Road, Southold, New York, for' a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Cedar Drive, Mattituck, New York; Lots 30, 31 of Mattituck Development Co., Inc.~ Filed Map 9776. 8:05 P.M. (E.S.T.) upon application of Stanley and Barbara Rakowicz, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town LaW and the provisions of the Amended. Building Zone Ordinance ~, of the Town of Southold, ·~lew York, pobhc hearings Jill .be held by the Zeaing B~ ~ Appeals at the Town Hail,' Ma~ Road, Sauthold, N~w York,o~ ~hursday, March 2, 1978, ua. ~be f~lowing appeals: 7:3O IEM. (~.$.T.) upon ap- plicatiea.of'Me~nia M. Lieblein 2980 Nor~ Road; Greenport, New York for ~a Rarlance in ac- cordance ~ith ~the Zoning 31 and Bulk ~ehednie for por- miesiun te set!off lot ~with in- sufficient, width and area. Location of pro~erty: Sonth-side Route 25, Gron~port, New York, bounded bn th~ north by Route 25; e~st by Gull Pond Lane; south by E. A~ Schoctzan, Lot 5 of Fordbam Acres; west by Mazzaferro, LOt 3 of ~Fordlmm 7:45 P~M~ fE.S.T.) upon ap pllcatio~ ~ ~ A. Reilly~ Cedar Driqe,~)Mattituck,,,u~,~ York, for a'~ariar~e in:~ac. cordance with the Zoning Or- Town Law, ~ 23OA for poemiesien to S~t off lot and approval of access. Location ofl property: Private Read, Mat- tituck, New York, bounded on the north by Joseph Carlton, N. A. Reflly, Jr., and A. Reilly & Sons, Inc.; east by B. Caffery; south by Private Road; west by Theda Shula, Harold Smith. 7:55 P.M. (E.S.T.) upon ap- plication of Timberland Associates, [.nc., North Bayview Read, Southold, New York, for a variance in accordance with the Town Law, Section 23OA for approval of access. Location of property: Cedar Drive, Mat- tituck, New York; Lots 30, 31 of Mattituck Development Co., Inc.; Filed Map No. 776. 8:05 P.M. (E.S.T.) upon ap- plication of Stanley and Barbara Rakowicz, Main Read, Cut- chngue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct addition with insufficient side yard sot- back. Location of property: North side Main Road, Cut- cbot~ue, New York, bounded on the north by Sacred Heart Church; east by Sacred Heart Church; south by Main Read; west by H. Sarnowski. Any person desiring to be heard on the ~bove appeals should appear at the time and place COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ·..T~.0.Y.. ,~,.U.~..T,.~.V.~.O.N. ................... being duly Sworn, says that . ~ ..... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in said county: and that the notice, of which the annexed is u printed copy, has been published in the s~id Suffolk Weekly Times ~nce in each week, ~or ONE weeks successively commencing on the . .~.4~**~q.~!~v~l'.H][?~D ........ day of FEBRUARY . ~ 19 78 day of .. ~ .. 19.~.~, ! .... LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provi- sionsofthe Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, March 2, 1978, on the following appeals: 7:30 P.M. (E.S.T.) 'upon application of Mcqania M. Leiblein, 2980 No/th Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: South side Route 25, Green- port, New York, bounded on the north by Route 25; east by Gull Pond Lane; south by E.A. Schoetzan, Lot 5 of Fordham Acres; west by A. Mazzaferro, Lot 3 o~.L[l~am Acres. ~ (E.S.T.) upon ' applica ~f Norman A. Reil- ly, Cedar Drive, Mattituck New York, for a variaace in accordance with the Zonint Ordinance, Article Ill, Sectio~ 100-31 and Bulk Schedule am the Town Law, Section 280A for permission to set off lot and approval of access. Location at property: Private Road, Matti- tuck, New York, bounded on the north by Joseph Carlton N.A. Reilly, Jr., and A. Reilly & Sons, Inc.; east by B. Caffery; south by Private Road; west by Theda Shula, Harold Smith. 7:55 P.M. (E.S.T.) upon application of Timberland As- sociates, Inc., North Bayview Road, Southold, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Loca- tion of property: Cedar Drive, Mattituck, New York; Lots 30, 31 of Mattituck Development Co., Inc.; Filed Map #776. 9:05 P.M. (E.S.T.) upon application of Stanley and Barbara Rakowicz, Main Road, Cutchogue, New YOrk for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct addition with in- sufficient side yard setback. Location of J)roperty: North side Main Road, Cutchogue, New York, bounded on the north by Sacred Heart Church; east by Sacred Heart Church; south by Main Road; west by H. Sarnowski. Any persons desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 15, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1 T-2/23(363) COUNTY OF SUFFOLK ss: STATE OF NEYV YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Soathold, in Suffolk County; ~nd that the notice of which the annexed is a printed copy, has been published in said Lon~) Island Traveler-Watch- man once each week for ......... /.. ............................ weeks success~vely,,commencing ~ ~ ..~.'~ .......................... Sworn to before me this o~~ ,'l , /7? .................. v~/'~ tjjl.,,.,~~, ,,.. / , ~. ............ .?~ .............. ~, ......... Il Notary Public "~ CI F~FNT j. THC',TPSON ~,,;r , ~,~,, (~rc!~ 3('.. !77 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. NOTICE OF DISAPPROVAL ~,,e No...~.~ ........ ~.~.~ .................................. ~te ................................ ~.....~.., ,Z....~ PLEASE TAKE NOTICE that your application dated :~l~ /' , 19 7~ for permit to construct ........................................ at the premises located at ~'~t.A~ ......................................... ~.-/. .......... Street J'~~ Map .................................... Block ............................................ Lot ................................................ is ...... ~~ ........ .r.~.~..~......~..~ ....... ~.~ ...... ~.~ .... Building Inspector 0 0 TOWN OF SOU~'~oLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECT.QB . :~ APPEAL NO. DATE .~/../~Z. 9. ~.. ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (w,).~...o...~...~..~..~.......~..:......4:..~./.:.~J~ ............... ..c...~.~ ...... ~/...,.:.c .................... Name of Appellant ~' Street and Number ........................... ~.~.~.,'>....~..~/..~..~...z~ .............. ¢~.......EREBY APPEAL TO Municipality ..................................... ....... ................. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( l~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY..~./...~......../.~....~.~...~../...~.....1~.......4~./--__ ..~..~..'......~...(...S...T?....~.,...~..~/..~. / Street ' O;;"Dist; ;~ on Z;~ing Map ~.~.~..,....~.:....u.......C.~ ....... /..~.. ...................... 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 the Ordinance.) A;¥~ l~0-~uiTM_'~ 3. TYPE OF APPEAL Appeal is made herewith for ( i~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. ,6 Sec. 280ASubsection 3 ' 4. PREVIOUS APPEAL A previous appeal ~has not) been made with respect fo t~is 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 (1~) A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical diffle~lle~ m mmea~ sary HARDSHIP because 2. The hardship created is UNIQUE omi is not shared by all propertie~ alike in Ihe immediate vicinity of this praperty and in this uSe district because 3. The Variance would abserve the spirit of the Ordinance and WOULD NOT CHANC~ THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUN OF ) Sworn to this .............. ~.A~. ..................... day of ............ ..~...~..~...~....u.~....~..~. ................... 19 7~' O JUDITH T. TERRY TOWN CLERK ]~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 February 2, 1978 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2393, application of Norman A Reilly for a variance. Also included is notification to adjoining property owners as follows: Dr. J.Carlton, 1 Hanson Place, Brooklyn N.Y.; Harold J. Smith, 128 Mohawk Street, Ronkonkoma, N.Y.; Beryl C~ffrey Sound Ave., Mattituck, N.Y.; Theda Shula, Mill Road, Mattituck, N.Y..; Norman A. Reilly, Jr., Bayview Avenue, Mattituck, N.Y. ~dith T. Terry Town Clerk ~ 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 Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~'~. ..~, /~ V~)/ 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- signedare: ~,/'~T- ~ /~0-- ~1 /'~Ul,.l< $'C~'P~. Z,RI.~ 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: Petitioner Post Office Address PROOF OF MAILING OF NOTICE NAME ADDRESS STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says that on the ~'day f of ~../i ,19 ~7 ~' , deponent mailed a true copy of the Notice set forth on the re- verse side hereo~,,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 as~ssment~rol! ~ the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~ ~'* ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this dayof ,~'~ r ~.e~ rq ,19 _7~_ O Notary Public ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York No. 52-8125850. SuffolkCouu~tyt Term Expires March 30. 19 Unauthorized a~teration or addition to this survey is a violation of ~ection 7209 of the New York State Education Low. NORMAN N/O/F 43, $~0 ~ ' RE/LLy ETHEL M. WELLs 3°,/ SURVEY FOR DEBORAH REILLY AT MATTITUCK TOWN OF SOUTHOLO SUFFOLK COUNTY, NY. SCALE: I"= 60 ' JAN. 18, 1978 LAND SURVEYOR N.Y.S. LIC, NQ 2~725 RIVERHEAD, N,'~ 4/0 "PE'/44 ,~' NOTE: LOT NO,*$ ARE REFERRED 'TO M,~TTITUCK DEVELOPMENT CO. INC. 84A{c) 9 15.2A[c} / / / 1 / 4 fO 3 ® 15.0 A(c) ~ 14 2,0A(c) FOR PARCEL NO SEE SEC NO l(3 MATCH LiNE ?.4 ?.5 ?.6 ?.7 Lt~.[c~ , t? t9 (~) COUNTY OF SUFFOLK ~°°, Real Property Tax Service Agency H R.,~,:MI ~c.~: Dircc,~c,