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HomeMy WebLinkAbout2257 TOWN OF ~OUTHOLD, NEW YORK ACTION OF THE ZONING BOAED OF APPEALS Appeal No, 2257 Dated March 12, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Gordon K. Ahlers, P.E. a/c Jack J. Levin Manor Lane North Road Jamesport, NY Greenport, NY at a meeting of the Zoning Board of Appeals on March 31, 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 ( ) AppeHant 19 7 7 the appeal I. 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 cordirmed because 7:35 P.M. (E.S.T.) upon application of Gordon K. Ahlers, P.E. a/c Jack J. Levin, North Road, Greenport, New York for a vari- ance in accordance with the Zoning Ordinance, Article III, Section 100-30 for permission to make an accessory business use of Residential- Agricultural land (Parking and sewage disposal.) Location of property: South side North Road (CR27), Greenport, New York, bounded on the north by CR27; east by Doucett, DeSanctis, and Chapel Lane; south by LILCO, Ciacia Est. and Rempe; west by now or formerly Geduldig and Sledjeski. 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 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 district because (would 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. FORM ZB4 After investigation and inspection the Board finds that the applicant requests permission to make an accessory business use of Residential-Agricultural land for parking and sewage disposal, south side CR27, Greenport, 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, Jack J. Levin, North Road, Green- port, New York be GRANTED permission to make an accessory business use of Residential-Agricultural land for parking and sewage disposal, south side CR27, Greenport, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen. RE !. .iiVZD AND FILED B fHA ~OUTi~CLD TO~VN CLE.RK/ DATE,:/_~o~9_~-r. HOUR q.'Do, .N ~o~ Clerk, Town of Southold LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance New York, public hearings will be held Appeals at the Town Office, Main Road, of the Town of Southold, by the Zoning Board of Southold, New York on Thursday, March 31, 1977, on the following appeals: 7:30 P.M. (E.S.T.) upon application of Gordon K. Ahlers, P.E. a/c Jack J. Levin, North Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 for permission to make an accessory business use of Residential-Agricultural land (parking and ~ewage disposal.) Location of property: South side North Road (CR27), Greenport, New York, bounded on the north by CR27; east by Doucett, DeSanctis, and Chapel Lane; south by LILCO, Ciacia Est. and Rempe; west by now or formerly Geduldig and Sledjeski. 8:00 P.M. (E.S.T.) upon application of Nicholas W. Ippolitc 39 Gehring Street, Commack, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30; Article V, Section 100-50, and Bulk Schedule for permission to divide property with existing buildings. Location of property: South side North Road (CR27), Southold, New York, bounded on the north by CR27; east by Hass and Carole Road (Pvt. Rd.); south by Mill Creek; west by now or formerly Dover Navigation Corp. 8:15 P.M. (E.S.T.) upon application of Leander B. Glover, Jr., Cox Lane, Cutchogue, New York (Richard Lark, 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: east side Cox Lane~ Cutchogue, New York, bounded on the north by now or formerly Pirrone; east by other land of applicant; south by other land of applicant; west by Cox Lane. Legal No%ice -2- Hearings: March 31, 1977 8:30 P.M. (E.S.T.) upon application of Warren Waldvogel a/c Carl and Mary Boergesson, ~iawatha's Path, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct additional dwelling on single lot. Location of prop- erty: West side Hiawatha's Path, Southold, New York, bounded on the north by Alesci; east by Hiawatha's Path; south by Nakomis Road; west by Burkhardt. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: March 18, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, MARCM 24, 1977, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWI~ BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on March 18, 1977: Gordon K. Ahlers, P.E. a/c Jack J. Levin Gary Olsen, Esq. a/c Nicholas W. Ippolito Richard Lark, Esq. a/c Leander B. Glover Warren Waldvogel a/c Carl and Mary Boergesson LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordi- nance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, March 31, 1977, on the following appeals: r~ 7:30 P.M. (E.S.T.) upon appli-~ cation of Gordon K. Ahlers, P.E. a/c Jack J. Levin, North Road, Greenport, New York for a var- iance in accordance with the Zoning Ordinance. Article III, Section 100-30 for permission to make an accessory business use of Residential-Agricultural land (parking and sewage disposal.) Location of property: South side North Road (CR27), Greenport, New York, bounded on the north by CR27; east by Doucett, De- Sanctis, and Chapel Lane; south by LILCO, Ciacia Est. and Rem- pc; west by now or formerly/ Geduldig and Sledjeski. d 8:00 P.M. (E.S.T.) upon appli- cation of Nicholas W. lppolito, 39 Gehring Street, Commack, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30; Article V, Section 100-S0, and Bulk Schedule for permission to divide property with existing buildings. Location of property: South side North Road (CR27), Southold, New York, bounded on the north by CR27; east by Hass and Carole Road (Pvt. Rd.); south by Mill Creek; west by now or formerly Dover Navigation Corp. 8:1S P.M. (E.S.T.) upon appli- cation of Leander B. Glover, Jr., Cox Lane, Cutchogue, New York (Richard Lark, Esq.) for a vari- ance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width. Location of property: east side Cox Lane, Cutchogue, New York, bounded on the north by now or formerly Pirrone; east by other land of applicant; south by other land of applicant; west by Cox Laffe. - 8:30 P.M. (E.S.~T.) upon appli- cation of Warren Waldvogel a/c Carl and Mary Boergesson, Hia- watha's Path, Southold, New York for a variance in accordance with the Zoning Ordinance, Art- icle 111, Section 100-30 and Bulk Schedule for permission to con- struct additional dwelling on single lot. Location of property: West side Hiawatha's Path, Southold, New York, bounded on the north by Alesci; east by Hiawatha's Path; south by Nako- mis Road; west by Burkhardt. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: March 18, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-3/24 COUNTY OF SUFFOLK I ss: SI-ATE OF NEW YORK j Sherley KarT, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at £outhold, in Suffolk County; 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 ....~.!~ .............................. " ....... ...................... Sworn to before me this ....~....z. ............. day or ETHEL PALLADINO LEGAL NOTICE Notice of Hearings Pm'sa/mt 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 Office, Main Road, Southold, New York, on Thur- sday, March 31, 1977, on the following appeals: -7:30 P.M. (E.S.T.) upon a~-~' ~tication of Gordon K. Ahlers, ?.E. a-c Jack J. Levin, North Road, Greenport] New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 for permission to make an accessory business use of Residential-Agricultural land (parking and sewage disposal.) Location of property: South side North Road (CR27), Greenport, New York, bounded on the norti~ by CR27; east by. ~o,,~t, DeSanctis, and Chapel Lane south by LILCo, Ciacla Est. an, Rempe; west by now or formerl' Geduldig and Sledjeski. 8:00 P.M. (E.S.T.) upon ap~ plication of Nicholas W. Ippolito, 39 Gehring Street, Commack, New ~(ork (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30; Article V, Section 100-50, and Bulk Schedule for permission to divide property with existing buildings. Location of property: South side North Road (CR27), Southold, New York, bounded on the north by CR27; east by Hass and Carole Road (Pvt. Rd.); south by Mill Creek; west by now or formerly Dover Navigation Corp. 8:15 P.M. (E.S.T.) upon ap- plication of Leander B. Glover, Jr., Cox Lane, Cutchogue~ New York (Richard Lark, 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: east side Cox Lane, Cutchogue, New York, bounded on the north by now or formerly Pirrone; east by other land of applicant; south by other land of applicant; west by Cox Lane. 8:30 P.M. (E.S.T3 upon ap- plication of Warren Waldvogel a- c Carl and-Mary Boergesson, Hiawatha's Path, Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to construct additional dwelling on single lot. Location of property: West side Hiawatha's Path, Southold, New York, bounded on the north by COUNTY OF SUFFOLK, STA'/-~: OF NEW YORK, ~ ss: J Stuart Co Dorman ...................................... being duly Sworn, s~s that he is Printer ~d Publisher of ~e SUFFOLK WEEKLY TIMES, a news~per pub~sh~ ~ Gr~nport, in s~d county~ and ~at the noti~, of which ~e ~e~ is a print~ ~py, has ~en published in the ~d Suf~lk W~k~ Times once in e~ch w~k, for o~ suc~ssively ~mmencing on ~e .. ~7~.Q~Y~ ....... d~y of Hatch ....... ~ ............. 19.77 .... ~_~.~..~.. ~.: ...... ~. ~.~ ........... Sw~ to ~f~e me this .. NOTARY P;~ ~ ~'? ~'~ York TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWi~ CLERK'S OFFICE SO'UTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ........................ . . ~.~';~% ~- ~ ~=~ ....................... for permit to construct ~:~, ...... ~..~f/~at ~remises located~ / ' f ~ at .-.~/~ ......... ~z..~.:.~rZ/~'~ ....... ~,~ ................ ~ .......... ~ ....~ ........................... ....... ~.~:: ..~..,~ .~% f:.. L M:.... ~ .~ ................................................................................................. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING 3OARD OF 'APPEALS, 'TOWN OF SOUTHOLD, N. Y. 7. (We) .... .%0.~.Q~...~.,...4,T~;~.~.~..2..,..,~., ....... of ,1,~.8. ~!.~Q2 ~,.,~.'.~. ....................................... Name of Appellan~ Street and Number ........... J.~c~,~.C~q~ ........................................................... ~-~..Z.O~ ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING/INSPECTOR ON ..................................... .............. .......... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( Name of Applicant for permit of , .~.o. ~,..7.=~... ~.o.A~ ...................... ~.~.~.?..o.~ ~. ............... ~.z~.. ~.o.~ ........................ Street aha Number MunicipalityState PERMIT TO USE PO~ PARtCING & 8BWAGE }ISPOSAT, PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY ..~,Z'.S...~0~r~z{..~.0~.D...6Ci~,,.P,~.} .................. ~.'..~]! ...................... Street Use District on Zoning Map ..... ~ ................................................ X .................... GPd%~E N~P 0 R ~ Mop No. Lot No 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED ( ndicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) AR~. Ill SEC. 100-~0 3. TYPE OF APPEAL Appeal is maae herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE aue to lack of access (State of New York Town Law Chap. 62 Cons Art. 16 Sec 280A Subsection 3 Lows 4. PRE~ IOU5 APPEAL A previous appeal (Fj{~) (has not) been made with respect to this decision Pf the Building Inspector or with respect to this property. Such ~ppeal was ( request for a special permit ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s rec Jested for the reason,that Po~Ta ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica~ difficulties or unneces- sary HARDSHIP because Jshe proposed e:<~ension o£ the Somzdview _~estauz~an~ requires t'_q_is area o£ appro~mately I~5~ ~ 165' for required additiomal ~ark~mg ~md mamdated Sewage ~isposal faoiiities~ 2. The hardship created is UNIQUE and is no~ shared by olJ properties alike in the immediote vicinity of this property and in this use district because there is no other econozZ-sal area 'bo be used for this pnrpose and mo nearby area has s~eh a similar problem° 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this new £acility will compliment the existing 105~ X 135' ~arlcino~ Area amd provide cover £or the S~£o!k Cour~ty mam_dated Sewage Disposal £aoilityo Nothimg will shew above the ground wi~h the oharaeter of' the District being mai~_taimedo STATE OF NEW YORK ) ' '~ ~ cou~-¥ o~~) ~,~noture ~wo~. ~o ,~ ................. :.:'"' ............... ~ o~ ................. ~.~.~,~ ................ ~ r ? JUDITH T. TERRY TOWN CLERK R~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 March 24, 1977 To: Southold Town Board of Appeals From: Judith T. Terry, Town Clerk TELEPHONE 765-3783 Transmitted herewith is Appeal No. 2257, application of Gordon K. Ahlers P.E., a/c Jack J. Levin for a variance. Enclosed also is proof of mailing to the following adjoining property owners: James H. Gamblin, 235 N. Utica Ave., Massapequa, N.Y. Matilda DeSanctis, 224-01 92nd Rd., Queens Village, N.Y. Samuel Ciacia Estate, Box 342, Greenport, N.Y. Long Island Lighting Co., Mineola, N.Y. Albert Sledjeski Estate, Box 129 Greenport, N.Y. ~unO? Grgv~ Corp., 30-98 Crescent Street, Long Island City, N.Y. mywime management Associates, Inc., Mt. Sinai-Coram Rd., Mt. Sinai, N.Y. Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New Y~rk 11787 Town of Southold Board of Appeals April 6, 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 determin- ation. A decision of local determination should not be construed as either an approval or a disapproval. App.!icant Municipal File Number Nicholas W. Ippolit0 Leander B. Glover Jr. Gordon K. Ahlers, P.E. 2254 2255 2257 GGI'I: fp b~ Very truly yours, Lee E. Koppelman Director of Planning TOWN CLERK 765-3783 Building Dept. P~anning 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 . . . ]i~O~.,d. of. .Appeala ............... of the town of ..... l~.o.~t, ho. ld ............... (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 ....... ~ ..... Variances Gordon Ahlers a/c Jack J. Soundviaw R~staurant CR27 6reenport, NY 11944 Levin Location of affected land: ..~..~...;~.~.kl,..J~.~.~...(.~]~.~.7..~.,...~'.~.~l~]~:~'.~.~...N~.W..~r~ ..................... within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ....... ~v~ ..... 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 lines. ................ State or county owned parcel on which a public building is situated Comments: The Board granted this application. ~obert W. Gillispie, Jr. Chairman Date received by Suffolk County Planning Commission .................................................................................... FiDe No ................................. NANOP-E DEPARTMENT OF THE: ARMY NEW YORK DISTRICT. CORPS OF ENGIN££RS 28 March 1977 Mr. Jack J. Levin DBA Sound View Restaurant c/o Mr. Gordon K. Ahlers, P.E. Consulting Engineer P.O. Box 6, 188 Manor Lane Jamesport, New York 11947 Dear Mr. Levin: We have completed our review of your Application No. 77-155. As it appears that the proposed work does not include the construction of any structure in or over any navigable water, coastal or inland wetland of the United States, the excavation from or deposit of material in such areas or the accomplishment of any work affecting the course, location, condition or capacity of such areas; a Department of the Army Permit, in accordance with 33 CFR 209.120 (as published in the Federal Register on Friday, July 25, 1975; Vol. 40 - No. 144) will not be required provided the proposed work will be executed in accordance with the referenced material. Care should be taken so that construction material~, including debris, do not enter the waterway and become a source of drift. Appropriate State and local authorities should be contacted to determine the extent of their jurisdiction in this matter. Chief, C Permits struction ection BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : Jack J. Levin dba : Soundview Restaurant,N. Rd., GreenDort, 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) ~ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: A~inultural ~ Residential District A 4. That by such Petition, the undersigned will request the following relief: To provide for additional parking for 60 cars adjacent to existing Parking area and 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Art. III Section 100-30 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. Da.d: ~'~/.~/~ ~ Gordon K. Ahlers, P. E. Petitioner Engineer for Jack J. Levin Post Office Address Box 6 188 Manor Lane Jamesport~ New York 11947 NAME James H. Gamblin Matilda De Sanctis Samuel Ciacia Estate Long Island Lighting Co. Albert Sledjeski Estate Manor Grove Corp. Countywide Management Associates, Inc. PROOF Oi ', u! sq0olq al~!~d0Jd ~ ,aassaJppe aq~, &o ~. BOX ~2 SueJl #S)'S Mineola. Box 12' Greenpoz 30-98 Crescent St Mt. Sinai-Coram R STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: ~oT'c]on T~. Ahle~.~; P. M. , residing at IRR M~n~ T,~ ,T~m~n~ ~ N.Y. , being duly sworn, depose~n~y~that on the /~ ~ day of ~Rr~ ,19 ~ , deponent mailed a true copy of the Notice set fo~h on the re- ve~ side hereof, directed to each of the above-named persons at the addr~ses set opposite thor respective name; that t~ addres~s set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roll of the Town of Southold; that said Notic~ were mailed at the United S~tes Post ficeat ,T~m~n~; ~. (certified) (;;g:;:;;c~) mail. Sworn to before me this ~?~/~ day of ~ , 19 Notary Public JUDITH T. TERRY [qo'cary Public, State of New York No. 52,03,$49,53 Suffolk Count,~,/~ Commission Expires March 30, -/ ; that said Notices were mailed to each of said persons by Gordon K. Ahlers~ P. E. Engineer for Owner / SUFFOLK COUNTY .- SUFFOLK COUNTY FOR PARCEL NO. SEE :SEC. NO. 045 \ \ OFFICiAl