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HomeMy WebLinkAbout2307 LEGAL NOTICE N°tioe of Bearings 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, July 14, 1977, on the following appeals: 7:30 P.M. (E.D.S.T.) Recessed hearing upon application of Elizabeth A. Yaro for a variance to divide property with insuffi- cient width and area, Minnehaha Boulevard, Southold, New York. ~ 7:40 P.M. (E.D.S.T.) upon application of John and Olivia Fellinger-Ihar, 3180 Duck Pond Road, Cutchogue, New York, for a variance in accordance with the Town Law, Section 280A for appro~ of access. Location of property: east side Duck Pond Road, Cutchogue, New York, bounded on the north and south by other land of applicant; east by J. and P. Zuhoski; west by Duck Pond Road. / 7:50 P.M. (E.D.S.T.) upon application of Long Island Vine- yards, Inc., Alvahs Lane, Cutchogue, New York (Abigail Wickham, Esq.) for a special exception in accordance with the Zoning Or- dinance, Article III, Section 100-30 C 6(f) for permission to construct off-premises directional sign. Location of property: South side CR27, Cutchogue, New York, bounded on the north by CR27; east by now or formerly E. Zuhoski; south by land of appli- cant; west by now or formerly W. Simchick. 8:00 P.M. (E.D.S.T.) upon application of Howard F. and Janet A. Malone, 35 Third Avenue, Massapequa Park, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient side-yard area. Location of property: 250 Blue Marlin Drive, Greenport, New York; Lot 93, Map of Southold Shores. 8:10 P.M. (E.D.S.T.) upon application of Ernest and Ruth Gibson, RD 1 Box 195A, Southold, New York for a variance in 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 Thunsday, July 14, 1977, on the following appeals: 7:30 P.M. (E.D.S.T:) Recessed hearing upon application of Elizabeth A. Yaro for a variance to divide property with in- sufficient width and area, Min- nehaha Boulevard, Southold New York· ~ Ia7:40 P.M. (E.D.S.T.) upon pplication of John and Olivia Fellinger-Ihar, 3180 Duck Pond Road, Cutchngue, New York, for a variance in accordance with the ['own Law, Section 280A for ~pproval of access. Location of ~roperty: east side Duck Pond ~oad, Cutchogue, New York, ~ounded on the north and south by other land of applicant; east )y J. and P. Zuheski; west by, )uck Pond Road. .~ 7:50 P.M. (E.D.S.T.) upon application of Long Island Vineyards, Inc., Alvahs Lane, Cutchogue, New York (Abigail Wickham, Esq.) for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6(f) for per- mission to construct off-premises directional sign. Location of property: South side CR27, Cutchogue, New York, bounded on the north by CR27; east by now or formerly E. Zuheski; south by land of applicant; west by now or formerly W. Simchick. 0:00 P.M. (E.D.S.T.) upon application of Howard F. and Janet A. Malone, 35 Third Avenue, Massapequa Park, 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 addition with insufficient side-yard area. Location of property: 250 Blue Marlin Drive, Groeaport, New York; Lot No. 3, Map of Southold Shores. 8:10 P.M. (E.D.S.T.) upon application of Ernest and Ruth Gibson, RD 1 Rex 195A, Sunthold, New York for a variance in ac- cordance with the Zoning dinance, Article III, Section 100- 30, Section 100-32, and Bulk Schedule for permission to construct accessory building in side and front yard area. Location of property: Sound View Avenue and Kenney's Road, Southold, New York, bounded on the north by Pansewang; east by M. White; south by Sound View Avenue; west by Kenney's Road. 8:20 P.M. (E.D.S.T.) upon application of Ernest C. Radford a-c Marion D. Fitzsimmons, 69 Westgate Boulevard, Plandome, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Sehed,~le for per- mission to set off lot with in- sufficient width and area. Location of property: N-S Main Road, Orient, New York, bounded on the north by Long Island Sound; east by Woodhollew Properties, Orient- by-the-Sea Subdivision; south by Main Road; west by other land of applicant and Rozawsky. 8:35 P.M. (E.D.S.T.) upon application of Richard and Claire Labita c-o Jon C. Kerbs, P.O. Box 470, Mattithck, New York for a wriance in accordance with the .Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient front yard setback. Location of property: Bayview Road and Clearview Avenue West, Seuthold, New York, bounded on the north by H. Cords; east by P. Donahue; south by Cloarview Avenue West; west by Bayview Road. 8:50 P.M. (E.D.S.T.) upon application of Relmut Hass, Middle Road, Pecoulc, New York (Stanley Corwin, Esq.) for a variance in accordanea with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and the New York State Building Cede and Housing Code for ap- proval of building built in violation of the Building and Housing Codes. Location of property: East side Beverly Road (Pvt. Rd.), Southold, New York, bounded on the north and West by now or formerly I. Meissnest; east by V. Rueh Est.; south by Mill Creek. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: July 1, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 2763 1TJy7 )F SUFFOLK, ] ' IqEW YORK, ~ ss: ~t C. Dorman ............................. being duly Sworn, · .h..e.. is Printer and Publisher of the SUFFOLK 'IMES, a newspaper published ~rt Greenport, in said ! that the notice, of which the emnext~d is ~1 printed been published in the said Suffolk Weekly Times :h week, for one (1) ........................... weeks y commencing on ~he seventh · i ..... is..7.7. , fo , me ,.this ...... LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main RoaR, Southold, New York on Thu~'sday, Jqly 14, 1977, on the foil ~o~ving appeals: 7:~30 P.M. (E.D.S.T.) Recessed hearing upon application of Eliza- beth A. Yaro for a variance to divi.~=l~rty with insufficient ~t.h ~n.~'~rea. Minnehaha ~l~_va_,na.~opthold. New York. Iff fi:40 P.~. ~E.D.S.T.) upon ap- ~] ?j?ion ~J/ John and Olivia _ ar. Po.d a variance in accordance with the Town Law, Section 280A fo approval of access. Location property: east side Duck Pon Road, Cutchogue; New Yorl bounded on the north and sout! by other land of applicant; east b3 J. and P. Zuh0ski; west by Duc1 -Pond Road. 7:50 P.M. (E.D.S.T.) upon ap- plication of Long Island Vine- yards, Inc., Alvahs Lane, Cutch- ogue, New York (Abigail Wick- ham, Esq.)for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6(f) for permission to construct off-t~remisos directional sign. Location of property: South side CR27,'CutchOgue, New York, bounded on the north by CR27; east by now or formerly E. Zuhoski; south by land of appli- cant; west by now or formerly W. Simchiek. 8:00 P.M. (E.D.S.T.) 'upon ap- plication of Howard F. ankl Janet A. Malone, 38 Third Avenue, Massapequa Park, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule ,for permission to construct addi- tion with insufficient side-yard area. Location of property: 250 Blue Marlin Drive, Greenport, New York; Lot #3, Map of~ Southold Shores. 8:10 P.M. (E.D.S.T.) upon application of Ernest and Ruth Gibson, RD I Box 195.A, South- old, New York for a variance in accordance with the Zoning Ordi- nance, Article III, Section 100-30, Section 100-32, and Bulk Schedule for permission to con- struct accessory building in side and front yard area. Location of property: Sound View Avenue and Kenney's Road, Southold, New York, bounded on the north by Pausewang; east by M. White; south bv Sound View COUNTY OF SUFFOLK STATE OF NEW YORK Sherley KarT, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, 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 o/ace each week for ...... / ................................ weeks ,uccessiv~J]y,//i.. ~),c°mmenc i/ag on the...~..~ ............................ of ........................ , ..... Sworn to before me ~hJs ........ ~.... ...........day or ..................... ,9_77... 1 FO~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date .................. ~.......~.....I ........ , 19...7.? ................................................................................~ ^~ ~ ~l~ _ ~/' ]9~) PLEASE TAKE NOTICE that your application dated ....................................................... for permit to construct .~".~ .......... at the premises located at ...~......~.....~t........~..~..~ ...... ....,"~,~ ~,~ '.,~ . (~ _/~ .J.~. ~.?.,~..~. ~..... / .~..~-~. ...................... Street ~_~(~0~-~'~ ~.~..~...~ ...... ~,oe~ ............................................ ~ot....;...~ ................................... ~s returned herewith and disapproved on the following grounds ....... ,~.,..~,..~;,,~,(,,,~,~....~..J.~~-- ... ~ .~..~.~..~....; ................................................................................................................................ 2-- Building Inspector O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)J..°..b..q...&.....0..Z..~Y-~.a....~..e..]:.Z..~.qg.e.~..-.?--.t3.a-.Kof ...3..!.8...0......D~...c...k....~.°.~.d.....g.°...a..d.. ........................... Name of Appella.nt Street and Number .......... .CuJzchog. ue ............................................................. N~w...Yo3:k .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDI/NG IN)PECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...D~....q.k....l~°.D,.c]:..~a..c): ................... ..~..e,,e..~d..e..~...t.~.~...]:....A. ............... ,,,.Street Use District on Zoning Map Proposed subdivision of John & uzzvza ~. ~..]: ~..i.~..e..~..7..I...h..a_r.. ........................ .~..o..~.. J.~.2..~....(.~ rap o s e d) lv~ap 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.) Article III See 100-31 Bulk schedule 3. TYPE OF APPEAL Appeal is made herewith for ( ~ 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 (has) ~tf..-~]~ 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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that the proposed lot has insufficient frontage on Duck Pond Road, (15 feet instead of 150 feet). Form ZB1 (Continue on other side) REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because said property could not be built upon although access to the parcel would be provided by means of a 15-foot wide strip. 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 all other lots to be created within the subdivision have the required frontage to afford access. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the lot areas of all lots in the proposed subdivision contain a minimum of 40,000 square feet. STATE OF NEW YORK COUNTY OF SUFFOLK SS Olivia FellingZ~r- Ihar ............... .............. ................................ S3~ John Fellinger- Ihar Sworn to this ............... .,~...! ......................... day of ......... ~.U..~..f~ ..................................... 1977 JUDITH T. TERRY TOWN CLERK P~EGISTRAR OF VITAL STATISTICS © TELEPHONE (516) 765-1801 Southold, L.I.,N.~ 11971 Jmae 29, 1977 To: $outhold Town Zoning Board of Appeals From: Southold Town Clerk Transmitted herewith is Appeal No. 2307, application of John& Olivia Fellinger-Ihar for a variance. I have on file notices to adjoining property o~ners: Antone Harris and Nicholas Aliano. th T. Terry~ June 1, 1977 Town Board of the Town of Southold Main Road Southold, New York 11971 Att: Supervisor Albert Martocchia Re: John & Olivia Fellinger-Ihar Dear Mr. Martocchia: This letter is to confirm the understanding reached between yourselves and Mr. and Mrs. John Fellinger,Ihar at the Executive Session of the Town Board held on May 24, 1977: The Fellinger-Ihars shall donate to the Town of Southold approximately one acre of land lying in the rear (easterly) portion of lots 20 and 21 of their proposed subdivision located on Duck Pond Road, Southold, New York. In addition, the Fellinger-Ihars shall grant a 20-foot wide drainage easement running from the easterly side of Duck Pond Road easterly to the above one-acre parcel. The 20-foot easement shall be located 10 feet on both sides of the property line dividing lots 20 and 21 on the proposed subdivsion map. The Town of Southold shall, at its cost and expense, construct a drainage sump or basin and necessary pipes or culverts to make such basin operational, and that said construction shall be completed within 6 months from the date of the conveyance by the Fellinger-Ihars to the Town. It is further understood and agreed between the parties, that the sand basin as shown on the proposed subdivision map, located toward the northerly end of the property, shall be eliminated, and that the recharge basin to be constructed by the Town on the donated property shall be the only drainage area necessary for the final approval of the subdivision map, and also that the sand basin shall become lot 22 on said proposed subdivision map. Supervisor Albert Martocchia Town Board of the Town of Southold June 1, 1977 It is further understood and agreed that the above agreement is sub- ject to and contingent upon the approval of the Southold Planning Board, and any other governmental agency or body, having jurisdiction over the filing of the subdivision map. Please sign the enclosed copy of this letter and return same to me in the enclosed envelope, if this accurately sets forth your under- standing. Very truly yours, SMS:ssg Shepard M. Scheinberg Enco cc: Mr. & Mrs. Fellinger-Ihar BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : JOHN & OLIVIA FELLINGER-IHAR : to the Board of Appeals of the Town of Southold : NOTICE TO: ANTONE HARRIS, Depot at Oregon Road, Cutchogue, New York NICHOLAS ALIANO, Ashley Lane, Shoreham, New York 11786 11935 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) ( ' - ' ' ' (the following relief: to redue, e the 2. That the property which is the subject of the. Petition is located adiacent to yourproperty and s des- cribed as follows: proposed lot #22 subdivzsion of John Fellin~mr-Th~r Fellinger-Ihar---N-other land of Feilinger-Ihar, S-Anton~-~ar-~ l~d of F~lli~&~-Ih~, E-Duuk Pu~d Ru~d ~d Ail-a~o, W-oLh~ land of Fe!!inger- Ihar. 3. That the property which is the subject of such Petition is located in the following zoning district: Residential A 4. That by such Petition, the undersigned will request the following relief: reduction of front y~rH r~q~ir~monr ~n rn~d from ~' to 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III, Section 100-31, Bulk scliedule 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 %our representative have the right to appear and be heard at such hearing. ~ ~ ~_~;,.~ ~ ~,~x. ~ ~' Dated: June ~[ ' 1977 . Petitioner Olivia Fell~ger-Ihar Petitioner John F~ellznger- Ihar nd Rnmd mw York 11935 INSURED AI~D ~,dF~E23 MAIIL PROOF OF MAILING OF NOTICE NAME Antone Harris Nicholas Aliano ADDRESS Depot at Oregon Road Cutchogue, New York 11935 Ashley Lane Shoreham, New York 11786 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: Susan Smith Gunst , residing at Tuthill Lane, Remsenburg, New York , being duly sworn, deposes and says that on the ~- day of June ,19 7 7 , 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 th-e addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Riverhead, New York (certified) ~:~l~Mgr~J mail. Sworn to before me this ,~-~-..~ ~-C~ day of J11T~tc:' . 19 77 Notary ?ublic N~ARY PUBLIC, $~ate of N~w Yer~ No. S2-021~82S - Suffolk Ceun~ ~mmlsslee ~p~res March 30, I~ ~ ; that said Notices were mailed to each of said persons by Susan Smith Gunst / ~ / / : / , / / / / / / / / / / / ? / / / / / / / / / / / / / ? / / / / / / / / / / / / / ////~ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / VISTA PLACE s 4o°25'oo"E. L 48 PARK 55,000 SO. FT ) 4~ 089 SQ. FEz// L DUCK 41,200 SO.FT. 2 o5' 40, 089S0 FT ~t 40, 089 SO. VISTA PLACE G 40°25'00 / 4ATOgSO-FT OWNER: JOHN B OUVI~ FELLINGER-IH~R CUTCHOGUE, NEW YORK 47£ 6 now or formerly Joseph Zuhoski ~ Peter Zu/;osk/ /441 POND 5~~) !l ~,O,~OOSO. Fr 1238 06 ' 507 , t '~' ~1 " .-" ~, ~;~ _ ..... ~_ , -- ROAD Rourus 238D0' DEPOT LANE Location Mop Scale I "=GO0' JOHN SUBDIVISION SKETCH PLPN FELLING£R- IHAR ~ OLIVIA AT CUTCHOGUE TOWN OF SOUTNOLD SUFFO£K COUAI~Y, IV.Y. DATE: MAR 22,1977 SCALE I"=100' MAYS1, 1~ 77 FELL INGER -/HA R YOUNG ~ YOUNG, RIVERHEAD , N Y ALDEN VI YOUNG RE. B L.$. £1C. NO/$G45 HOWARD ~K YOUNG L.$. LICNO. 45895 JOB NO. F7-149