HomeMy WebLinkAbout2392
'2
TO~N OF SOUTH ~ NEW YORK
ACTION OF THE ZONING BOAR~D OF APPEALS
AppealNo. 2392 Dated January 26, 1978
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Timberland Associates, Inc.
North Bayview Road
Southold, NY 11971
Appellant
at a meeting of the Zoning Board of Appeals on March 2,
was considered and the action indicated below was taken on )'our
~( ) 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
)
1978
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 7:55 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 Corp., Inc.; Filed
Map %776.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties
hardship because
SEE REVERSE
(b) The hardship created (is) (is not) umque 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
(e) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(xvould 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
FORM ZB4
A?? IOVED
ZONING BOARD OF APPEALS~
~,h~T~e,~'~ ~"' ...... ,
After investigation and inspection, the Board finds that the
applicant requests approval of access for Lots 30 and 31 of
Mattituok Development Corp., Inc., Cedar Drive, Mattituck, New
York. The findings of the Board are that the applicant is sim-
ply trying to assure his prospective purchaser that there is
legal access to this property.
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, Timberland Associates, Inc.,
North Bayview Road, Southold, New York, be GRANTED approval of
access to Lots 30 and 31 of Mattituck Development Corp., Inc.,
Filed Map #776, over Cedar Drive off Bayview Avenue, Mattituck,
New York.
Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen,
Maimone.
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, Mattituck, 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 #776.
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 ~4~rovisians of
the A~nended ~t~ding Zone
Ordinance of :* the Town of
Southold, New York, public
hearings will be held by the
Zaaing Board of Appeals at the
.Town Hall, Main Road, Southdid,
Ne~V York, on Thursday, March
2~*1978, on the following appeals:
7:30 P.M. (E.S.T.) upon ap-
plication of Melania M. Liebleln,
2980 North Road, Greenport, New
York for-a variance in ac-
cordance with-the Zoning Or-
dinance, Article III, Sectioa 100-
31 and Bulk Schedule for per-
mission to sot. off lot with
sufficient width ami area.
H~o~tion of pr~erty: South side
~.5, Grso~ort, Now York,
bou~ed on th~ north by RoUte
25; e~St by (~ond Lane; south
b~ E. ~A. ~t~n, Lot 5 of
~fdh~?~ Aor~; wsot by A.
3 of
Z:~ P.l~. _(_~:.S.T.) upon ap-
pl~eati, om d N~rman A. Reilly,
ce~. O,r~,~MatUtock, New
York, f~a ~'ariance in ac-
cordance with' the Zonin~ Or-
Town Law, Saeti~ ~ for
pormlssion to sot off ]bt and
approval of access. Location of
property: Private Road, Mat-
tituck, New York, bounded on the
north by Joseph Carlton, N. A.
Rellly, 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 al~
plication ' of Timberlan,
Associates, Inc., North Bayvie~
Road, Southcld, New York, for a
variance in accordance with the
Town Law, Section 280A 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 Road, Cut-
chogue, Now York for a variance
in accordance with the Zoning
Ordinance, Article III, Section
100-31 and Bulk Schedule for
permission to construct additioa
with insufficient side yard sot-
back. Location of property:
North side Main Road, Cut-
chogue, New York, bounded on
the north by Sacred Heart
Church; east by Sacred Heart
Church; south by Main Road;
west by H. Sarnowski.
Any person desiring to bo 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
1TF23-2919
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ? ss:
T~OY ~U~TAV~,ON being duly Sworn,
says that ...I.~..., is Printer and Publisher of t~te SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county: and that the notice, of which the annexed is u printed
copy, has been published in the said Suffolk Weekly Times
once in each week, ~or ...... O.N~.. ................. weeks
successively commencing on the .. ~IE.N.~I~.y..~.~{I~.D ........
..... :-'" i' 'i" .t ....................
Sworn to before me this~. .'.',~,~ J :~...... ~,
day°, .
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 by the
~Zoning Board of Appeals at
the Town Hall, Main Road,
Southold, New York, on Thurs-
day, March 2, 1978, on tho
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
Ill, ~ 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 of Fordham Acres.
7:45 P.M. (E.S.T.) upon
application of Norman A. Reil-
ly, Cedar Drive, Mattituck,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III, Section
100-31 and Bulk Schedule and
the T6wn Law, Section 280A
for permission to set off lot and
approv~l of access. Location of
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,
~(E.S.T.) upon
a~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 Ill, Section 100-31 and
Bulk Schedule for permission
to construct addition with in-
sufficient side yard setback.
Location of property: 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
IT-2/23(363)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says 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 copy,
has been published in said Long Island Traveler-Watch-
man once each week for / weeks
successively, commencing on the .....~ ................................
of ...............
Sworn to before me this f~:' ~ or
.................. ..............
lq'otar7 Public
FORM NO. 3 0
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
~,,~ No..~......~?~ .............................. ~ ............................ ~ .................. , ~.¥
............................................
PLEASE TAKE NOTICE that your application dated ....................................... .~., 19...~.....~
for permit to construct ........................................ at the premises Iocote~at ...........~...~..~ ............
........ ,~....; .......................................... Street
Map .................................... Block ............................................ Lot ~ ~ / is
returned herewith and disapproved on the following grounds ........... ~ ........ ..~...~........~...,...~.. .......
.........~ ~"~ ........................................................................................................................
Building Inspector
O O
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
-
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
,, ......... ...........................
Nome of Appellant Stre/et and Number
........................ ~.0......~.~.~.~ .................................................... .~.:.y..: .......... ,ERE~¥ APPEAL TO
Municipality
S~ate
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION POR PERMIT NO ..................................... DATED ..........................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
Street and Number Municipality State
( MIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY .......... ~'~),x~-~,,~,~ .................................................................
Street. Use District on Zoning Map
~v~. ... , ~.-/7.~ 30 3l
...................................... ......
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.)
3. TYPE OF APPEAL Appeal is made herewith for
( ) ~..VARIANCE to the ZOning Ordinance or Zoning Map
(V//'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 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 ......................................................................
~A vaSON FOR APPEAL
riance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
)
~s requested for the reason that
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
of this pr~operty,~and !n this use .district because
The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
'~C~ "~~''~ ''4'~!CHARACTER OF THE DISTRICT,because ~'- /,4~/~ ~ '9~ ~
STATE OF NEW YORK )
) ss .............. ...(~... ....................
COUNTY OF ) /~ Signature
Sworn to this ......... ~..~....~ ................ day of.~ ................. 19~:~
........
/ ,// Notary Public
C/
MARY E. DAWSON ..
NOTARY PUBLIC State of New Yo~
No. 52,4643721, Suffolk Couple.
Term Expires Marr,~ 30,
JUDITH T. TERRY
TOWN CL~
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
To:
Frmm:
January 26, 1978
Southold Town Zoning Board of Appeals
Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2392, application of
Timberland Assoc., Inc. for a variance. Also included is notification
to adjoining property owners as follows: Irene Watt Riedell, 11733
Lipsey Rd., Tampa, Fla.; Mr. & Mrs. Deitenheimers, Cedar Drive,
Mattituck, N.Y.; J. Oliver, South Drive, Mattituck, N.Y.
~~ei~rry~
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 ~f the/Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (the following relief: ~ V~I~ ~ ~14~~'~
2. That the property w~;~hcis the subject of the Petition is located adjacent to your property and is des-
cribed as follows: LoT.~._ ~0 ~ 3/ "/1//t9-'1-'rl7'-I, lclc ~[Ix'F_L~pZ'dE,,t/7'- CC)..-Z2~/C. ~''
hR,
3. That the property which is the subiect of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief: ~ 1/~/~ I,~A/e ~-
5. That the provisions of.the Sguthold Town Zoning Code applica[ale to th_e relief sought by the under-
signed are: ~ I/'/~/~1 f~A/~ .'~6-.~'?'~,/~/ '~?b fl~
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 Suffoik 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: ~ ~ ~ 7~
Post aeC.
NAME
PROOF OF MAILING OF NOTICF
ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
. ~//~ ~~ -- , being duly sworn, deposes a~d-say~'that on' --the ~'~day
oT ~. ,19 ~7 d~ , deponent mailed a true copy of the Notice set forth on the re-
verse side ~e~eof, 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 ass~rLsmen.t ji'o~ 9~ the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at c") ~ ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this c:x~,~.~/
day of/~J~/j~L,~ V _ ,19 ~
/ ~ Notary Public
MARY E. DAWSON
NOTARY PUBLIC, State ol New Yol~
No. 52-4643721, Suftulk Cou~t~
Term Expires March 30, I, GYxI'
C
I0,
84A(c)
~R/W-(20')
9
IS.2A{c)
26.9A(c)
/
.
". /
15.2
15.0 A(C)
13.1
14
1.6A(C)
FOR PARCEL NO
SEE SEC NO 113
~706-014
MATCH LINE
4
z.OA{¢}
2.0A(c)
~5
Z6
t. t A [c'l
%9
~EYM*.' (~) COUNTY OF SUFFOLK
,'09~ J ~00,_ _ .0 ~00 .0,0 Real Property Tax Service Agency