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HomeMy WebLinkAbout2363 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOAED OF APPEALS Appeal No. 2363 Dated October 25, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Robert Isles (A. Reilly & Sons) 83 01d Post Road East Setauket, NY 1977 DATE.~.~2.....~.~ 1977 Appellant at a meeting of the Zoning Board of Appeals on December 1, 1977 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 ( ) 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 8:00 P.M. (E.S.T.) upon application of Robert Isles, 83 01d Post Road, East Setauket, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Private Road, south side Bayview Road, Southold, New York, bounded on the north by Private Road; east by R. Kirsch; south by Corey Creek; west by H. Lindveit. 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 (b) The hardship created (is) (i~ 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 SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. Chair~a~ Boar¢( ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to construct accessory building in front yard area, Private Road, south side Bayview Road, $outhold, New York. The findings of the Board are that the applicant's rear yard is unusable as a location for an accessory structure. 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, Robert Isles, 83 Old Post Road, Setauket, New York, be GRANTED permission to construct accessory building in front yard area, Private Road, south side Bayview Road, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. To~:-n Clsrk, Town of Southold t 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 Appeals at the Town Hall, Main Thursday, December 1, 1977, on be held by the Zoning Board of Road, Southotd, New York, on the following appeals: 7:30 P.M. (E.S.T.) Recessed hearing upon application of Doris Helf, Bray Avenue, M~%tituck, New York. 7:35 P.M. (E.S.T.) Recessed hearing upon application of Charles and Mary Tangney, Little Neck Road, Cutchogue, New York. 7:50 P.M. (E.S.T.) upon application of Robert Isles, 83 Old Post Road, East Setauket, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Private Road, south side Bayview Road, Southold, New York~ bounded on the north by Private Road; east by R. Kirsch; south by Corey Creek; west by H. Lindtveit. 8:00 P.M. (E.S.T.) upon application of Thomas Jernick a/c Jernick Moving and Storage, Moores Lane, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-118 C, E and Bulk Schedule for permission to construct addition with insufficient front and side yard setback. Location of property: east side Moores Lane, Greenport, New York, bounded on the north by the Village of Greenport; east by Greenport School District ~10; so~tb by William Price and Albert Herzog; west by Moores Lane. 8:10 P.M. (E.S.T.) upo~ application of Dorothy J. Koppte, 19 Park Avenue~ Manhasset, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: north side North Parish Drive, Southold, New York, bounded on the north by Peconic Bay; Legal Notice -2- Hearings: December 1, 1977 east by Viola Perrin; south by North Parish Drive; west by Margaret A. Crosdale. 8:20 P.M. (E.S.T.) upon application of Cecelia Ewald and Frances P. Kozlowsky, 3376 Edgarton Avenue, Wantaugh, New York (Rudolph Bruer, Esq.) for a'variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width. Location of property: south York, bounded on the north by O'Dell; south by Peconic Bay; side Indian Neck Road, Peconic, Indian Neck Road; east by Sue west by Helen Rust. 8:30 P.M. (E.S.T.) upon application of Valentine W. and Sophie K. Stype, Mattituck, New York for a variance in accord- ance with the Zoning Ordinance, Article XI, Section 100-118 for permission to construct addition with insufficient side-yard setback and off-street parking. Location of property: north side Main Road, Mattituck, New York, bounded on the north by Mattituck Park District; east by William Wickham; south by Main Road; west by M. Kelsey Properties, Inc. 8:45 P.M. (E.S.T.) upon application of Mr. and Mrs. John Polywoda, Bayview Road, Southotd, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 A, B for permission to construct addition on existing business building with apartment. Location of property: south side Main Road, Southold, New York, bounded on the north by Main Road; east by Hobart Road; south by Lehman & Warnaka; west by Warnaka & Ross. 8:55 P.Mo (E.S.T.) upon application of Robert D. Gray a/c Estate of Elizabeth C. Gray, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 and 100-30 C 2(a) for permission to eliminate fencing requirement for in-ground swimming pool. Location of property: Private Road to Treasure Pond, Fishers Island, New Legal Notice -3- Hearings: December 1, 1977 York; Lot 11, Block 20, Private Road, Fishers Island, New York. Fishers Island Estates, Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: November 18, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, NOVEMBER 23, 1977, AND FORWARD SEVEN (7) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ ~IN ROAD, SOUTHOLD, NEW YORK° Copies mailed to the following on November 18, 1977: Wm. Clark, Esq. a/c Doris Helf Char~es & Mary Tangney A. Reilly & Sons a/c Robert Isles Thomas Jernick a/c Jernick Moving & Storage Daniel Smith and Robert Kopple~ Esq. a/c Dorothy Kopple Rudolph Bruer, Esq. a/c Co Ewald and F. Kozlowsky Valentine & Sophie Stype Mr. and Mrs. John Poly~oda Michael Weir a/c Est. ~f Elizabeth Gray LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provi- sions of the Amended Bui{ding Zone Ordinance of the Town of Southold. New York, public hearings will be held by the Zoning Board of Appealg at the Town Hall. Main Road. Southold. New York. on Thurs- day. December 1. 1977, on the following appeals: 7:30 P.M. (E.S.T.) Recessed hearing upon application of Doris He[f. Bray Avenue. Mat- tituck. New York. 7:3S P.M. (E.S.T.) Recessed hearing upon application of Charles and Mary Tangney. Little Neck Road. Cutchoguo¢" New York-- upo, application of Robert Isles, 83 Old Post Road, East Setauket, New York for a variance in accordance with the Zoning Ordinance. Article Ill, Section 100-32 for permission to con- struct accessory building in front yard area. Location of property: Private Road, south side Bayview Road. Southold. New York. bounded on the north by Private Road; east by R. Kirsch; south by Corey Creek; west by H. Lindtveit. ~'8:00 P.M. IE.S.T.) upon application of Thomas Jernick a/c Jernick Moving and Stor- age. Moores Lane, Greenport. New York for a variance in accordance with the Zoning Ordinance. Article VIL Section 100-118 C. E and Bulk Schedule for permission to construct addition with insuf- ficient front and side yard ient s~ae-ya off. street parking. Location of property: north side Main ad attituck. New York. Ro ~led~nt the north by b~' William Wickham; south by Main Road; west by M. Kelsey Properties, Inc. PM (ES.T-) upOn , ')1 ~11. Section 100-70 A, B '0{; isslon to constrUc~ addi- -~ed perm xisting business tion on e building with apartment ' L°~; Main Road. bou 'q;: York. bounded on the north by -aH,CC Main Roa~k~r~ by Hobart 000'~ Road; south by Lehman & ...... ~,~. west by Watnaka & ~.GONT L,- SUF, O~K ss STATE OF NEW YORK Sker[% Kotz, being duly sworn, says that she is on Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed o~ Southold, in Suffolk County; and that the netice ef which ~,he annexed is a printed copy, has been published in said Long island Traveler-Watch- man once each week for ........... ! ............................ weeks successively, commencin~ on the ..... ...~ ............................ day of , ¢:~Z ' ~',,~',~ 19../..~L. Sworn to before me this ...~-.~? .............. cloy o, JOSEPH FENTON NOTARY PUBLIC, State at new No. 52-1195150 Qualifi~ in suffolk County Cemmissio~ Expires March 30, lq LEGAL NOTICE Notice of Hearing 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 Beard of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, December 1, 1977, on the following appeals: 7:30 P.M. (E.S.T.) Recessed hearing upon application of Doris Heft, Bray Avenue, Mattituck, New York. 7:35 P.M. (E.S.T.) Recessed hearing upon application of Charles and Mary Tangney, Little Neck Read, Cutchogue, 32 fol ~'rmission to c lruct [accessory building in front yard' ~area. Location of property: ~Private Road, south side [Bayview Read, Southold, New tY~rk, bounded on the north IPrivate Road; east by R. Kirsch; Isouth by Corey Creek; west by H. Lindteveit. 8:00 P.M. (E.S.T.) upon ap plication of Thomas Jernick a-c Jernick Moving and Storage, Meares Lane, Greenport, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VH, Section 100- 118 C, E and Bulk Schedule for permission to construct addition with insufficient front and side yard setback. Location of property: east side Moores Lane. Greenport, New York, bounded on the north by the Village of Greenport; east by Greenport School District No. 10; south by William Price and Albert Her- zog; west by Moores Lane. 9:10 P.M. (ES.T.) upon ap- plication of Dorothy J. Kopple, 19 Park Avenue, Manhasset, New York for a variance in ac- cordance with the Zoning Or- New York. dinance, Article III, Section 100- C- 7.~ PM I~w~ ,~,~ 30 and Bulk Schedule for por- )plication of Robert Isles,'-~ (~rd \ ms on to diwde property w~th ...... Setauket. New Insufficient width and area /~ork for a variance ';~ ~- I Locat,on of property: north side ~ ...... ' North Parish Drive, Southold, Id' n e Article III SectiOn 100- I New York, bounded On the north by Peconic Bay; east by Viola Perrin; south by North Parish Drive; west by Margaret A. Cresdale. 6:20 P.M. (E.S.T.) upon ap- plication of Cecelia Ewald and Frances P. Kozinwsky, 3376 Edgartoh Avenue, Wantaugh, New York (Rudolph Bruer, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Scheduie for permission to divide property with insufficient width. Location of property: south side Indian Neck Road, Peconic, New York, bounded on the north by Indian Neck Road; east by Sue O'DeI1; south by Peconic Bay; west by Helen Rust. 6:30 P.M. (E.S.T.) upon ap- plication of Valentine W. and Sophie K. Stype, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article XI, Section 100- 118 for permission to construct addition with insufficient side- yard setback and off-street parking. Location of property: north side Main Road, Mattituck, New York, bounded on the north by Mattituck Park District; east by William Wickham; south by Main Road; west by M. Keisey Properties, Inc. 8:45 P.M. (E.S.T.) upon ap- plication of Mr. and Mrs. John Polywoda, Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70A, B for permission to construct addition on existing business building with apart- ment. Location of property: south side Main Read, Seathold, New York, bounded on the north by Main Road;'~st by Hobart Road; south by Lehman & W~; west by Warnaka & ~:55~ P.M. (E~s.T.) upon ap- pliC~t_ibn'of Robert' D: Gray a-c Edate of Elizabeth C. Gray, Fishers :~sla~l, N, ew York for a variance.in ack,ce wi~ ~ Zoning Ordi.~n~n'cei l~ttele~:Hl, Section 10q-~ 351and I00-30 y 2'~a) for perrafSSinl~ {9' eliminate fencing requirement for in- greu~ swi~g,~bl.-E~eatiun of property~ ~lte. Road to Treasure .:1~' FiSl~l~ "f~land, New York; Lot' ii, 'Bi~Y~ 2o, Privote Road,. Fis.her~ ~dand ~stat~s, Fih~~ IS~na,' ~ew York. ,, , . ', Any ~pdeairi~, tO be heard on the above appeals should appear at th~ time and place above specified. Dated: November 16, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 2850-ITN23 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: cTUART C. Dal~MAN being duly Sworn, scrys that ..[.~ .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, for ....... ~.~ ................ weeks successively commencing on the .~./EXT;:-.T~-CiP. ......... day of . ,i?.V.~,I~.~.~., ........ 19.7.7.. Sworn to I~f~w~7///.~.me this ... TOWN OF SOUTHOLD BUILDING DEPARTME.NT TOWN CLERK'S OFFICE SOUTHGLD, N. Y. NOTICE OF DISAPPROVAL ~' f ~ ~ ~ ~,+ iv. 7, tf , ~ ~ ?L~S~ TAK~ NOTIC~ ~ha* your applico~ian da~ed .................... //2~_ / ,~.~t / / ~ (Z~ L~:~ . Street re - disapproved on the following grounds .....~ ~~~...~;~?.~f ........ ~ ~/~ ,i .~ ............................. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSP_CTOR APPEAL NO. TOTHE ZON,NG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 7, (We) .... ~..o...&~.~.~.-T.. .......... /..~.~.~..2 ....... of ....~....0.~..~......P..~.~.../~..R ........................ Nome of Appella,nt Street and Number ....... ~'.~._-....Aj:..~.,...,~......~..,..~...T-../~.,.u,...~...~....~,,' .......... /.~..~.v.. .......... // .7..~..?.. .................. HEREBY APPEAL TO Municipality State ThE ZONING BOARD OF APPEALS FROM The DECISION OF THE BUIL,DIN~ IN~CTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........i ....... J.~_~l/~..~..iiL~.~4. ............ WHEREBY THE BUILDING INSPECTOR DENIED TO Nome of Applicant for permit of .......... ~.~..~..._~..~..~ ............... (2.~.~.T.z.z.~.~ ...... /E.~ ....... L.(.~.~ Street and Number Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Stre~ Use District on Zoning Map ...... .A ............................................ .X... ................. s Mo~ No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED ( ndicate the Article Section, Sub- section and Para~f, aph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ~,~A VARIANCE to the Zoning Ordin.ance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. t6 Sec. 280A Subsection 3 PREVIOUS APPEAL A previous appeal (~s~(hos not) been made with respect to this decision 4. of the Building Inspector or with respect to this prqberty. Such appeal was ( ) request for a special aermit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FO~ APPEAL ( ) A Variance to Section 280A Subsection 3 ~ A Variance to the Ordinance Zoning ( ) is requested for the reason that (Continue an other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica[ difficul'~ies'a~ unneces- sary HARDSHIP because } f~ ~o o~5 / ~-~ ~- ¢~ 7-0 2. The hardship created is UNIQUE and is not shared by all properties eUke in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NE'W YORK ) ........... :'"Signature ~folk County Department of Pla~ng Lee Dennison Executive Office Building Veterans }~morial tlighway Hauppauge, llew York 11787 Town of Southold Zoning Board of Appeals Dec£m~er 7, 1977 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'determi.n- ation. A decision of local determination should not be construed as either an approval or a disapp~val~ Applicant Municipal File l~umber Robert Isles Est. of Elizabeth C. Gray -Dorothy J. Kopple Jernick ~ving & Storage Cecelia Ewald & Frances R. Kc.zlowsky Valentine W. & Sophie K. Stype John Polywoda 2363 2364 2365 2366 2367 236g 2369 G~l:fp Very truly yours, Lee E. Koppelman Director of Planning by C O Town Of Southold TOWN CLERK 765-3783 Building Dept. 1 Planning Bd. 765-2660 Board of Appeals TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the C~eneral Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 23%1 and m, the ._Board..of. Appeal.s ...... of the town of Southold, N. Y. hereby refers the following (agency Tnvolved1 proposed ~oni~g ection to the Suffolk County Planning Commission: (check one) New and recodlfied zoning ordbance Robert Isles 83 Old Post Road ............ Amendment to the zoning ordinance Setauket, NY 11735 ........... Zoning changes ........... Special permits --4( ....... Variances Location of affected land: .~.*f~.~...~.ad.L..~.~S..Ba~'.~..~!_..~?~-~9~.d.~...~ ............ within 500 feet of: (check one or more) ............ Town or village boundary llne ............ 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 estabfished channel lines ............ State or county owned .parcel on which a public building is situated C~.horetine The applicant was granted permission to construct accessory building in front yard area. The neighbors on both sides were previously given the same approval. Date: DeC....2~...!~.77 .............. (signed) Robert W. Gillispie, Jr.. Chairman Title Date received by Suffolk County Planning Commission ............................................... File No JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 To: From: Re: to: October 25, 1977 8Duthold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of Robert Isles for a variance-Appeal No. 2363 I have on file in my office notification by certified mail Raymond Kirsch, 1551 WilliamsbridgeRd., Bronx, N.Y. H. Lindtveit, 634 Adams Place, West Hempstead, N.Y. ~Ter Town Clerk JTT/bn cc:file 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: ,~/o~'/'**- ,P,'~V~-T~',~.o,4~ ~',,9.fr- /~//~¢//- ~eST" 3. That the property which is the subject of such Petition is located in the following zoning district: ?4. 4. That by such Petition, the undersigned will request the following relief: C"o ,,u c~ T'R u CT- /V~ h.~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: /:/z~ ~7'~- __~ -- /oo - 3 *Z_ 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 sugh 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 / NAME PROOFOFMAILING OFNOTICE ADDRESS ! RECEIPT FOR CERTIFIED MAIL--30~ (plus pn 'G~i~L SERVICES~R ~OlTIONAL F~S / RECEI~ ~ . .- With delivery to addressee only ............ 6S~ PS Form ~p~. Xg~] 38~ NO fN~RANCE COVERAG~ PROVIDED~ NOT FO~ INTERNATIONAL MAIL (See other side) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: /g~').~tL/--//L-/~-~'' /lJ~// , being duly swor~, depots and says that on ~ Y of' ' ~ ~ ~' . :-~9. ~, deponent maile~ ~r~f.~eS~c~re' ve~e side hereof, directed to each ot the aoove-namea persons a~ ~ne auu~c~ ~ ~v.. ~,- names; that ~e addresses ~t opposite the names of said persons are the addresses OT sam persons as snown on the current ~s~sment roll of the Town of~outhold; that said Notices were mailed at the United States Post ~- rice at ~ ~ ~ J~ : ~] ~' ;that said Notic~ were mailed to each of said persons by (certified) (registered) mail. Notary Public / ~LIZA~ETH ANN N~VILL~ NOTARY PUBLIC, ~I~te of New York No. 52-~i~5B50. Suffo;k ~qnly~ / / 2.9 A(c) TOWN OF SOUTHOLD (UNDERWATER LAND) I0 98.0 A (c) iO 7.z A (c) o 8.?A(c)