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HomeMy WebLinkAbout2411 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON'I~G BOARD OF APPEALS Appeal No. 2411 Dated April 13, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO,tN OF SOUTHOLD To Mr. and Mrs. Harold Thomas 91 Avenue C Port Washinqton~ New Ynrk 11050 at a meeting of the Zoning Board of Appeals on May 4, 1978 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property Q( ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) Appellant the appeal 1. SPECIAL F~CEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zonin~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:50 P.M. (E.ST.I upon applicat±on of Harold and V±rg±n±a Thomas, 91 Avenue C, Port Washington, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling. Location of property: north side of Minnehaha Boulevard, Southold, New York, bounded on the north by Corey Creek; east by Bugdin; south by Minnehaha Boulevard; west by Haggert. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical 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 ~mediate 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. ) be denied and BOARD OF APPEALS After inspection and investigation the Board finds that the applicant requests permission to change a previously approved addition from the east to the west end of dwelling, and that this will not change the character of the neighboring district. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Harold and Virginia Thomas, 91 Avenue C, Port Washington, New York, be GRANTED permission to change a previously approved addition fromthe east to the west end of the dwelling. Location of the property: north side of Minnehaha Boulevard, Southold, New York, bounded on the north by Corey Creek; east by Bugdin; south by Minnehaha Boulevard; west by Haggert. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, Maimone. RECEIVED :-~>~:~ ~'L~D DY 'i~'~E SOU ,~,~D I0 '~ ~ ~L~ DATE ~/~/XZ HOUR /' ~ ~ Town Clerk, Town of Soutkold 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, May 4, 1978, on the following appeals: 7:30 P.M. (E.S.T.)'upon application of Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York, (Anthony B. Tohill~ Attorney) for a variance in accordance with the Zoning Ordinance Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient side yard setback. Location of property: Right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by Baxter; south by Krupski; west by Gallagher. 7:40 P.M. (E.S.T.) upon application of Henry Smith, Robinson Lane, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule to subdivide an ove'rly large parcel into two parcels. Location of property: west side of Hobart Road, Southold, New York, bounded on the north by Whitside; east by Hobart Road; south by Rich; west by Town Creek. 7:50 P.M. (E.S.T.) upon application of Harold and Virginia Thomas, 91 Avenue C, Port Washington, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling. Location of property: north side of Minnehaha Boulevard, Southold, New York, bounded on the north by Corey Creek; east by Bugdin; south by Minnehaha Boulevard; west by Haggert. 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 Hood, Southold, New York~ on Thursday, May 1078, onthe following appeals: 7::30 P.M. (E.S.T.) upon appliootion of Mr. and Mrs. David Ricerein, Oregon Hood, Cutehogue, New. York, (An- thooy B. Tohill, Attocne~) for a variance in accordance with the Zoning Ordieance, Article III, Section 100-$! and Bulk Schedule for perrulssi~m to construct dwelling ~ in- sufficient side yard Location of property.: ']l~/~ht- of-way, nocth side O/'egun Rood, Cutcho~ue, New York, bounded on the nocth by Long Island Sound; east by Baxter; south by Krupski; weSt b~ Gallagher. 7:40 P.M. (E.S.T.)' upon application of Henry Smith, Robinson Lane, Peconic, New York, for a variance in ac- cordance with the Zoning Ordinance, Article HI, Section 100-31 and Bulk and Parking Schedule to subdivide an overly large parcel into two parcels. Location of property: west side of Hobart Hood. Southold, New York, bounded on the north by Whitside; east by Hobart Head; south by Rich; west by Town Creek. ?:50 P.M. /E.S.T.) upon appl/catton of Harold and ~irginia Thomas, 91 Avenue , Port Washington, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling. Location of property: north side of Minnehaha Boulevard, Southold, New York, bounded on the north by Core Creek; east by Bugdin; south by Minnehaha Boulevard; west by Haggert. 8:00 P.M. (E.S.T.) upon application of James F. McFarland, 13 Mildred Court, Floral Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to ptace a storage shed in the front yard. Location of property: Little Peconic Bay Road, Cut- cho~ue, New York; Lot No. 237 on Map A of "Nassau Point Properties." 8:15 P.M. (E.S.T.) upon application of Ernst L. Midgette, 84A Little Peeonie Road, Cutehogue, New York, for a variance in accordance with the Zoning Ordieanee, Article III, Section 100-32 and Bulk Schedule to place a shed in the front yard. Location of property: Little Peeoule Bay Road, Cutchogue, New York: Lot No. 236 and part of lot No. 235 on Map A of "Nassau Point should '-,ear at the time and place ~e specified. Dated: April 24, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA27-2970 FFOLK, I YORK. ~ss: being duly Sworn, ·. is Printer and Publisher of rite SUFFOLK 3, a newspaper published ~xt Greenport, in said l the notice, of which the annexed is u printed published in the said Suffolk Weekly Times ck. for ....... ~.~. ................ weeks umenciniI on the .T~EN.'L'Y.-SEVFNTH. ...... Properties." . .L~.,,~._~. 7,?:7.8. 8:25 P.M. (E.S.T.) upon application of John P. and l~l~.~.t~.~ Linda F. Kowalski, 404 ' · · ~ ..................... Atlantic Avenue, Greenport, New York, (George C. : ............... : ........ ....... Stankevich, Attorney), for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Right- of-way on the south side of Sound View Avenue, Southold. New York, bounded on the north by Sound View Avenue; east by Vilar, Jacebi, and Schur; south by Morris and Lombardi; and west by Town of Southold and Jaresz. 8:45 P.M. (E.S.T.) upon application of Albert Orlowski, Main Road, Cut- chogue, New York, (Richard J. Cron, Attorney), in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 lA)(2) to base helicopters on a portion of farmland during the farm spraying season. Location of property: Sterling Lane, Cutchogue, New York, bounded on the north by Bolenius; east by Bolenius and Imbriano; south by Sterling Avenue; and west by Scott. Any person desiring to be heard on the above appeals LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held I~y the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, May 4, 1978, on the following appeals: 7:30 P.M. (E.S.T.) upon application of Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York, (An- thony B. Tohill, Attorney) for a variance in accordance with the Zoning Ordinance, Article IIl, Section 100-31 and Bulk Schedule for permission to construct dwelling with insuf- ficient side yard setback. Loca- tion of property: Right-of-way, north side Oregon Road, Cut- chogue, New York, bounded on the north by Long Island Sound; east by Baxter, south by Krupski; west by Galla- gher. 7:40 P.M. (E.S.T.) upon *ipplication of Henry Smith, Robinson Lane, Peconic, New York, for a variance in accord- ance with the Zoning Ordin- ance, Article I11, Section 100- 31 and Bulk and Parking Schedule to subdivide an over- ly large parceI into two par- cels. Location of property: west side of Hobart Road, $outhold, New York, bounded on the north by Whitside; east by Hobart Road; south by Rich; west by Town Creek. 7~S0 P. M. _ _(.E_ :_S :~._) ~_u~p..~ alzpJication of Ha[q!d.and_ Vir-_ ~gh][~_ T!~.otnas. ~ Avenue C, Port Washington, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling. Location of property: north side of Minnehaha Boulevard, Southold, New York, bounded on the nol-th by Corey Creek; east by Bugdin; south by Min~ehaha Boule- vard; west by Haggert. 8:00 P.M. (E.S.T.) upon application of James F. Mc- Farland, 13 Mildred Court, Floral Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to place a storage shed in the front yard. Loca- tion of property: Little Peconlc ~ay. R. oad.,. C_u_t_chog_u.e, N. ew. COUNTY OF SUFFOLK STATE OF NIz-V¢ YORK Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Count; and that the notice of which the annexed is a printed has been published in said Long Island Traveler-Watch- man once each week for ............ ~ .......................... weeks successively, commencing on the .6~ ................................. ........................ Sworn to before me this ..... .~...j .............~ or '" ' FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL To H ~-F ~~..____ PLEASE TAKE NOTICE that your application dated ................................................... 1 ........ far permit to canstruct ........................................ at the pr~mi~ la~at~d at .................................... ....... ~.~.. ~..~ ....... ~..;~... Street Map .................................... Bilk ............................................ Lot ................................................ returned h~rewith ond dis~ppr~ed on the followin~ ~rounds ......................................... ....... ~.~. ....... ~.g.... .................................................................................................................. [0o0 Building Inspector O O TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.,, ,/,, '. ~, (w.~ Z~i:.?...L. .~E~.'t.:? ............ of .......... ~.. ............................................................. Name of Appellont Street and NUmber ..... ............................................... A.PEAL 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 Name of Applicant for permit of ( ( (x) Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ,, 'r' o C, u lJ~'7~uc"i-- 1.' LOCATION OF THE PROPERTY /vI/N~/~-/~tlA !~u.~. /b~O ,, Street Use District on Zoning Mop ~/~ ~ Mop No. ~t 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 {or (~') 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(.~G) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit (~') request for a variance ~.~o~ ~.. /P~-¢, .~o~--~ /,~.? and was made in Appeal No ................................. uotea ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~"~ l~orm ~.]~z (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE I ss ; -,'.,. ......... COUNTY 0 Signature Sworn to this .............. Z.J~.. ,'~'.Z ................. day of ........ ~'~f?'~"l .............................. 19~ ~ .... ~'~y Public ..~~1;~ ELIZABETH ANN NL~flLLE NOTARY PUBLIC, State of New York .o. s. fo k Term Expires March 30, © K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 April 14, 1978 TELEPHONE (516) 765-1801 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2411, application of Harold & Virginia Thomas for a variance. Also included are notification to adjoining property owners as follows: Joseph Bugdin, Peconic, N.Y.; Henry Haggerty, 3530 Minneheha Blvd., Southold, N.Y. Terr Town Clerk ~ JTT/bn 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- 1 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 followin,,g relief: -~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- 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: -~/~/~r'~ ) Petitioner Post Office Address PROOF OF MAILING OF NOTICE NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Harold Thomas , residing at 91 Avenue C Port Washington. N.Y. , being duly sworn, deposes and says that on the ~ay of Apr~ 1 ,19 7 8 , 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 roil of the Town of Southold; that said Notices were mailed at the United States Post rice at R~e~l ,4 M v ; that said Notices were mailed to each of said persons by (certified) (regist~'r~)-r~i~.-' Sworn to before me this '14th day of ~ , -- ?' Notary Public --J- NOTARy P[;,~[/C, State of New York '".~/07'8 \ 12.9 A (c) 3.2 A (e)