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HomeMy WebLinkAbout2163 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 2163 Dated June 4, 1976 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. and Mrs. Harold J. Ash (Rudolph Bruer, Attorney) Wood Lane Greenport, NY 11944 Appellant at a meeting of the Zoning Board of Appeals on 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 ( ) 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 corffirmed because 8:45 P.M. upon application of Harold J. and Ruth F. Ash, Wood Lane, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide premises with dwelling into two lots. Location of property: west side Wood Lane, Greenport, New York, bounded on north by J. Getches; east by Wood Lane; south by W. Hickson; west by Sterling Homes Subdivision. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict applieatlon of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. REW. RS . AP_PI{OVED BOARD OF APPEALS ) be denied and After investigation and inspection the Board finds that the applicant requests permission to divide premises with dwelling into two lots, west side Wood Lane, Greenport, New York. The findings of the Board are that the majority of lots in that area are 50' lots. 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, Harold J. and Ruth F. Ash, Wood Lane, Greenport, New York be GRANTED permission to divide premises with dwelling into two lots, west side Wood Lane, Greenport, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Doyen. RECEIVED AND FILED BY TtiE ~OUT~CLD TOWN CLES~2 Town Clerk, Town cf Southold Legal Notice Pg. 2 Hearings: July 22, 1976 Article III, Section 100-30 B (6) & Article III, Section 100-35 for permission to organize a Membership Club. Location of property: Sage Boulevard, Greenport, New York, bounded on north by Sage Boulevard; east by Land of Sage; south by Peconic Bay; west by Boat Basin & Killian. 8:15 P.M. (E.D.S.T.) upon application of Rev. Brian S. K~pke for the Board of Trustees, First Universalist Church, Main Road, Southold, New York for a special exception in accordance with the Zoning Ordinance, Article, III, Section 100-30 C (7) for permission to hold a Flea Market. Location of property: First Universalist Church, Main Road, Southold, New York, bounded on north by Main Road; east by Charnews; south by W. Quirk; west by Main Road. .' 8:40 P.M. (E.D.S.T.) upon application of Harold J. & Ruth Ash, Wood Lane, Greenport, New York for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide premises with dwellin~ into two lots. Location of property: west side Wood Lane, Greenport, New York, bounded on north by J. Getches; east by Wood Lane; south by W. Hickson; west by Sterling Homes Subdivisic 8:55 P.M. (E.D.S.T.) upon application of Walter W. Washburn, 1500 Bay Avenue, East Marion, New York for a variance in accor- dance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to set off lot on private right- of-way and approval of access. Location of property: right- of-way, west side Bay Avenue, East Marion, New York bounded on north by right-of-way; east by Traffica, Schmidt & others; south by other land of applicant; west by Radford, Anderson & others.J LEGAL NOTICES 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 th~ Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on July 22, 1976, on the following appeals: 7:30 P.M. (E.D.S.T.) upon application of Rita Schmidt and Doris Schimatz, (Corwin & Glick- man, attorneys) Rabbit Lane, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to erect accessory building in front yard area. Location of property: east side Bay Avenue, East Marion, New York, bounded on the north by J. Schimatz & wife; east by Marion Lake; south by R. Ruggiero & another; west by Bay Avenue. 7:40 P.M. (E.D.S.T.) upon application of James N. and Rosemary Trentalange, Landing Road, Nassau Point, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to build addition in rear .y. ar~.w~gh ins~fi.cAenl area. Location of property: west part of Lot No. 273, Nassau Point Properties, Landing Road, Cutchogue, New York. 7:50 P.M. (E.D.S.T.) upon application of Janet Beschman, Nassau Point Road, Cutchogue, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 32 for permission to construct an accessory building in front yard area. Location of property: east side Nassau Point Road, Lot No. 77, Map of Nassau Point Properties, Nassau Point Road, Cutchogue, New York. 8:00 P.M. (E.D.S.T.) Upon application of Howard H. Zohner, Yoang's Boatyard & Marina, Sage Boulevard, Greenport, New York for a special exception in accordance with the Zoning Ordinance Article III, Section 100-30 B (6) & Article III, Section 100-35 for permission to organize a Membership Club. Location of property: Sage Boulevard, Greenport, New York, bounded on north by Sage Boulevard; east by Land of Sage; south by Peconic Bay; west by Boat Basin & Killian. 8:15 P.M. (E.D.S.T.) upon application of Rev. Brian S. Kopke for the Board of Trustees, First Universalist Church, Main Road, Southold, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C (7) hearing to be testa ~ upon for Permission to hold a Flea application of Eastern Long Market. Location of property: Island Kampgroands, Inc. by First Universalist Church, Main Richard C. ~:~t0~' President, Road, Southold, New York, P.O. Box 89t~~eet' bounded on north by Main Road; Greenport,~am east by Churnews; south by W. & Lark, atrial Quirk; west by Main Road. ,.,,...~exceptio~~the 8:40 P.M. (E.D.S.T.) upon [Zoning application of Harold J. & Rutlscctinn ~"a/~ ' New York for a variance in ac- missior~ cordance with the Zoning Or I~nd dinance, Article III, Section 100 Ipropert~ 30 and Bulk Schedule for per [(eR mission to divide premises with Greenperti~e~ dwelling into two lots. Location oS on the property: west side Wood Lane, Greenport, New York, bounded west on north by J. Getches; east by now o for~l~ .~ Hickson; west by Sterling Ho 'urmerly or Subdivision. m~,j . south by Village of po . 8:55 P.M. (E.D.S.T.) upon application of Walter W. Wash- burn, 1500 Bay Avenue, East Marioh, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for per- mission to set off lot on private right-of-way and approval of access. Location of property: right-of-way, west side Bay Avenue, East Marion, New York bounded on north by right-of- way; east by Traffica, Schmidt & others; south by other land of applicant; west by Radford, Anderson & others. 9:15 P.M. (E.D.S.T:~, Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: July 9, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS TJ15--2422 COUNTY OF SUFFOLR, STATE OF NEW YOI~K, ~' ss: ....... ].~?.~. '.;. ~ Do,man ..................... being dul~ Sworn. s~s that . .~. ~,is Printer and Publisher of ~e SUFFOLK WEEKLY TIMES, a news~per publish~ ~ Gr~npott, in s~d County; and ~at the noti~, of which ~e ~e~d is a print~ ~PY, ~s been published in the ~d Suf~lk Week~ Times once in each w~k, for ~na (~) suc~ssively commencing on ~e ...~_f.~c~y~ ............ ........ S~ to ~for~me this ...~'~... ...... .... u) LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the versalist Church, Main Road, Southold, New York, bounded on nort~oy~Main Road; east by ~outh by W. Quirk; ~est by Mai~ Road. 'h~:40 P.[~. (EiO.S.T.) upon ap~ffi~ati~gs~,,~fHarold J. & Ruth F. Ash. W~ Lane, Greenport, New Yd~r a variance in accordance with the Zoning Ordinance, A~- icle IlL Section 100-30 and Bulk Schcdule for permission to divide premises with dwelling into two lots. Location of prope~y: west side Wood Lane. Greenport, New Yor~ bounded on north by J. Getches; cast by Wood Lane; south by W. Hickson; west by Stcrling Homes Subdivision. 8:55 P.M. (E.D.S.T.) upon application of Walter W. Wash- burn, t500 Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance. Article 111. Section 100-30 & Bulk Schedule for permission to set offlot on private right-of-way and approval of cess. Location of property: right- of-way, west side Bay Avenue, East Marion. New York, bounded on north by right~of-way; east by Traffica. Schmidt & others; south by other land of applicant; west by Radford, Anderson & others. o~,~ ;~%&~ ~qe u~ gu i u Xpoq oql puno; oq ouoos ~ pu* pomm~la Xll~nsn ~>nooo ~ uog~ooI oql ~ou~ ~)nu~f pu~qsnq ~oq pu~ l,upi~o~ uoouao~ l~ql ~I:~ punoa~ 'sa~ Xq po~[lou s~ '~ooaD I1~ u[ onuo~V to qlnos 1oo3 000[ lnoq~ aolu~ oq I -p~ olqelsuoD X, fl u~o~ ploqln ~q punot s~ 'L9 '~*noao luop~soJ ~oduooJO jo Xpoq oq~ / COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK J Sherley Kotz, being duly sworn, soys that she is on 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 once each week for ............ ./.. ......................... weeks successively,, commencing on the ..... ?..~.. .............................. ...... ......... Sworn to before me this ..... ~.'~....~..(~,... ooy or 19 ..~..(l .. / TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date .................. ..~......~.. ........ , 19.?.~. ....... PLEASE TAKE NOT,~CE that your application doted .................... ~m e .~. m Il I, 19..Z..~. or~e~'~....~.'?.'!~/.~at the premises ocated at ..... ~...~ ........... ...................................................................... Street ~ Map ~ B Jack ~ Lot '~ is rct~ril;"i',~';';,'/"~',i';";~2;proveO"i'~";~2""~//i~i~';';~'~;~' ~~'"~"'~' JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS SOUTHOLD, L. I., N. Y. 11971 July 6, 1976 To: From: Re: to: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of Harold J. & Ruth F. Ash for a variance-Appeal No. I have on file in my office notification by certified mail Mr. Joseph Getches, Oyster Pond Lane, Orient, N.Y. 11957 Mr. William A. Hickson, Jr., 4 Lincoln Place, Port Washington, Mr. John Costakos, 295 Wadsworth Ave., New York, N.Y. 10040 Mr. Alfred D. Timmins, P.O. Box 497, Oreenport, N.Y. 11944 Town Clerk 2165 N.Y. JTT/bn cc:file C TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR O DATE ...~..u...q.e.... ,4:.: ....Z...9. 7...6 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ...... ................... Name of Appellant Street and Number Greenport .............................................................................................. ~..e..~.....~..o..~.k.. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE ~.,UILDINGdlNSPECTOR ON ..... ........ ............ ............ ( ) ( ) (x) Name of Applicant for permit of ....( .n..9... X% ~. ~ )....WQ.o.~I..Lan a ........... .Gr.e enpo~ ~ ...... ~I~w...Yo~k ................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permission to divide premises with dwelling into two lots 1. LOCATION OF THE PROPERTY ~..e.~.~...s...~:"a..e.....~.~.~.~.°..a.....~...a..~...e.~.....3"~."~...~..e..e..~....~..~..g.~.~.9.(. Manhasset Ave., Greenport, N.Y. Street Use District on Zoning Map Map 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.) Art. III, Sec. 100-30 & 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 not) been made with respect to this decision of 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 is requested for the reason that applicants wish to set off present dwelling on lot and retain vacant building lot (Continue on other side) O REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP becau~ applicants would not be able to divide premises to allow the erection of a one family dwelling for their son on the northerly 50 feet of their premises 2. The hardshipcreatedis UNIQUEand isnotshared by all properties alike in the immediate vicinity of this property and in this use district because properties in the area are approximately 50 x 100 in size and, in fact, premises 50 feet north of subject premises are haviDg erected thereon a dwelling which premises are approximately 50 x 100 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there would only be one additional lot created which would conform to the size of lots in the area. STATE OF NEW YORK /)  ) ss COUNTY O ) /,t{~o_l_p~ ~..B_ruer_as a~torney / for Harold J. and Ruth F. A~h Sworn to this .............. ~.~ ....................... day of ............. ~ ................................. 1976 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Harold J. and Ruth F. Ash to the Board of Appeals of the Town of Southold TO: Mr. Joseph Getches Mr. William A. Hickson, Jr. Mr. John Costakos Mr. Alfred D. Timmins YOU ARE HEREBY GIVEN NOTICE: 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: Variance ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: West side of Wood Lane, 300 feet south of Manhasset Avenue, Green~ort, New York 3. That the property which is the subject of such Pet t on s ocated in the following zoning district: "A" - Residential - Agricultural 4. That by such Petition, the undersigned will request the following relief: To divide ~remises with dwellinq into two lots 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Article III, Section 100-30 & Bulk Schedule 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 representativehave the right to appear and be heard at such hearing. Dated:/~ June 1976 ~~,~_~ ~one~V~o~d~. ~n~Ruth F Ash By: Rudolph H. Bruer Post Office Address Main Road Southold, New York 11971 C 0 PROOF OF MAILING OF NOTICE NAME ADDRESS Mr. Joseph Getches Oyster Pond Lane; Orient, New York 11957 Mr. william A. Hickson, Jr. 4 Lincoln Place, Port Washington, lq. Y. 11050 Mr. John Costakos 295 Wadsworth Avenue, New York, N.Y. 10040 Mr. Alfred D. Timmins P.O. Box 497, Greenport, New York 11944 RECEIPT FOR CERTIFIED MAIL--30¢ (plus postage) SENT TO TE PS Form 3800 NO INSURANCE COVERAGE PROVIDED-- rs., otb., ,;aD) I Aug. 1975 NOT FOR INTERNATIONAL MAIl ~ G~o: ,9~-o-~9,-~5~ t STATE OF NEW YORK. ) COUNTY OF SUFFOLK) ss.:. Bessie L. Austin ,residlngat (no number) Terry Place, Southold~ N~w York 11971 , being du!y sworn, deposes and says that on the 4d~a~i:] of ~ ~/ ,19 7 6 , deponent mailed a true copY of the Notice set forth on the re- verse side hereof, ~{rected(~o each of the above-named persons at the addresses set opposite their respective names; that the addresses set oppOSite the names of said pe~ons ar.e the addresses of said persons as show~n on the current assessment roil of the Town of Southold; that said. Notices were mailed at the United States rose ut- rice at., ,~o.~.~ o.h ,Ed ~ -- ,~" ;that said Notices were mailed to each of said persons by (certified) ~(Z~-glmql~l) mail. Sworn to before n;Le th~s day of~ .19 76 RUDOLPH H, ~ ' ~IOTARY PUBLIC, Stete ~ ~o. 52-0465530. $. fl ~k · RUDOLPH H. BRUER NOTARY PUBLIC, State of Net~Yol'k No, 52-046553B. ~ufflll~ Commission Expires March 30, ~ c) 2 3 TOWN OF SOUTHOLD (91 (2) 4 ~0 II 15 9 20 21 2~ 24 26 (60') ~ ® 4 (60') ~ ~0 ~ 5 2 2B0' /// ,ow. o~ / SOU'~ OLD 9 L3A(c) // (UNDERWATER) LAND TOWN OF 7 SOUTHOLD 2.6 A (c) h3 A (c) Z~O' $20· TO W N OF ..... ONE' /./' ~7¢0.""-~P¢?'' ;.t; -