Loading...
HomeMy WebLinkAbout2178 TOW~/ OF SOU~HOLD, lqEW YORK ACTION OF THE ZONI/qG BOAI~D OF APPEALS Appeal No. 2178 Dated August 11, 1976 ACTION OF TRE ZONING BOARD OF APPEALS OF T~E TOWN OF SOUTHOLD To Sept. 2, 1976 Pauline Israel 275 Central Avenue Lawrence, NY Irving L. Price, Jr., Attorne~Ppe~ant 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 confirmed because 8:00 P.M. (E.D.S.T.) upon application of Pauline Israel, 275 Central Avenue, Lawrence, New York (Irving L. Price, Jr., Attorney) for a variance in accordance with the Zoning Or- dinance, Article III, Section 100-32 for permission to erect accessory building in front yard a~ea. Location of property: Osprey Nest Road, Greenport, New York; Lot #12, Cleaves Point Subdivision, Section I. 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) (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. ) be denied and After investigation and inspection the Board finds that the applicant requests permission to erect accessory building in front yard area, Osprey Nest Road, Greenpot, 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, Pauline Israel, 275 Central Avenue, Lawrence, New York be GRANTED permission to erect ac- cessory building in front yard area, Osprey Nest Road, Green- port, New York as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. liECEIVED AND FILED BY THE SOUTHOLD TOWN CLF. RK DATE ~-~-?~ HOUR T , 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 of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Sou~hold, New York on September 2, 1976, on the following appeals: 7:45 P.M. (E.D.S.T.) resumed hearing upon application of Pinewood Landscaping a/c Gianfranco Monacell. i, Pe%ty's Drive, Orient, New York for a var!ance in accordance with the Zoning Ordinance, Article iii, Section 100-32 for permission to construct accessory building in front yard area. Location of property: north side Petty's Drive, Orient, New York; Map of Petty's Bight, Lot ~2, Perry's Drive, Orient, New York. 8:00 P.M. (E.D.S.T.) upon application of Pauline Israel, 275 Central Avenue, Lawrence, Nsw York (Irving L. Price, Jr., Attorney) 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: Osprey Nest Road, Greenport, New York; Lot ~12, Cleaves Point Subdivision, Section I. 8:10 P.M. (E.D.S.T.) upon application of William and Mary Barhyte, 735 Horton Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article Iii, Section 100-30 & Bulk Schedule for permission to.set off existing dwe!lingl ~r~r~2~t~] N~c~? ~u~e~y~hOH~ ~e~ej2~d~ak zinski; east by Oak Street; south by Horton Avenue, west by J. Rutkowski. 8:20 P.M. (E.D.S.T.) upon application of Jonathan D. Stern, Main Road, Orient, New York for a variance in accordance with uh~ Zoning Ordinance, Article Iii, Section 100-30 & Bulk Schedule Legal Notice Pg. 2 Hearings: Sept. 2, 1976 front yard area, North Sea Drive, 749. Lot ~ for permission to change lot lines in a minor subdivision. Lo- cation of property: Private Road off north side Main Road, Orient, New York, bounded on the north by Long Island So~nd; east south and west by other land of applicant. 8:35 P.M. (E.D.S.T.) upon application of John A. Brester, R.G. Terry, Attorney Town Harbor Lane~ Southold, New York/for a varianoe 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: east side Town Harbor Lane, Southold, New York, bounded on the north by Cecilia Brester east by now or formerly K. Langer; s~hh by Frances Woodward; west by Town Harbor Lane. 8:45 P.M. (E.D.S.T.) upon application of Rita G. Delaney, 1530 Boisseau Avenue, Southold, New York (Richard T. Haefeli, Attorney) for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (1) for permission to convert existing dwelling into two-family house. Location of property: east side Boisseau Avenue and north side Meier Place, Southold, New York, bounded on the north by Roy Taplin; east by J. Lescia; south by Maier Place; west by Boisseau Avenue. 9:00 P.Mo (E.D.S.T.) upon application of George Ahiers, Builder, %nc., 250 Cox Lane~ Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article Iii, Section 100-30 & Bulk Schedule for permission to build attached garage in reducing existing setback. Location of property Orient, New York; Orient-by-the-Sea Subdivision, Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: August 20, 1976 BY ORDEk OF THE SOUTHOLD TOWN BOAHD OF APPEALS Legal Notice Pg. 3 Hearings: S.ept. 2, 1976 PLEASE PUBLISH ONCE, AUGUST 27, 1976, AND FORWARD SEVEN (7) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on August 20, 1976: Pinewood Landscaping a/c Gianfranco Monacelli Irving L. Price, Jr. a/c Pauline Israel William and Mary Barhyte Konathan D. Stern R. G. Terry a/c John A. Brester Richard T. Haefeli a/c Rita G. Delaney George Ahlers, Builder, Inc. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Low 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 Sep- tember 2, 1976, on the following appeals: 7:45 P.M. (E.D.S.T.) resumed hearing upon application of Pi~ ~vood Landscaping a-c Gi~ ..,,co Monacelli, Petty's Drive, Orient, 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: north side Perry's Drive, Orient, New York; Map of Petty's Bight, Lot No. 2, Petty's Drive, Orient, New York. ~ ~' 8:00 P.M. (E.D.S.T.) upon application of Pauline Israel, 275 Cenlral Avenue, Lawrence, New York (Irving L. Price, Jr., At- torney) for a variance in ac- Cordance with the Zoning Or- dinance, Article III, Section 100- 32 for permission to erect ac- cessory building in front yard area. Location of property: Osprey Nest Road, Greenport, New York; Lot No. 12, Cleave~ Point Subdivision, Section I. ~ ~:10 P.M. (E.D.S.T.) upon application of William and Mary Barhyte, 735 Horton Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Buik Schedule for permission to set off existing dwelling on undersized lot. Location of property: Horton Avenue and Oak Street, Mat- tituck, New York, bounded on the north by W. Jagodzinski; east by Oak Street; south by Horton Avenue, west by J. Rutkowski. 3:20 P.M. (E.D.S.T.) upon application of Jonathan D. Stern, Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to change lot lines In a minor subdivision. Location of property: Private Road off north side Mai- Road, Orient, New York bor ~ on the north by Long Island ~,oand; east, south and west by other land of ap- plicant. 8:35 P.M. (E.D.S.T.) upon application of John A. Brester, Town Harbor Lane, Southuld, New York R.G. Terry, Attorney for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule ;OUNTY OF SUFFOLK. ~TATE OF NEW YORK, ~ ss: New York, bounded on the north by Cecilia Breater; east by now or formerly K. Langer; south by Frances Woodward; west by Town Harbor Lane. 8:45 P.M. (E~D.S.T.) upon application of: Rita G. Delaney, 1530 Boisseau Avenue, Southold, New York (Richard T. Haefeli, Attorney) for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (1) for permission to convert existing dwelling into two-family house. Location of property: east side Boisseau Avenue and north side Maier Place, Southold, New York, bounded on the north by Roy Taplin; east by J. Lescia; south by Maier Place; west by Boisseau Avenue. 9:00 P.M. (E.D.S.T.) upon application of George Ahlers, Builder, Inc., 250 Cox Lane, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Scheduie for permission to build attached garage in front yard area, reducing existing setback. Location of property: North Sea Drive, Orient, New York; Orient- by4he-Sea Subdivision, Lot No. 49. Any person desiring to be heard on ti~e above Appeals should appear at the time and place above specified. Dated: August 20, 1970 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA2~2451 WEEKLY TIMES, a newspaper published at county; and ~hnt the notice, o! which the annex--_ copy. has been published in the said Suffolk · once in ench week, for ..................... successively comrnencin9 on fl~e ........ - ..... day of .... ~.~.~,~.~.j... /~ :-,~19 .... - . . G~...~.f~ -.~.. ~ .~ .......... S~orn to ~fore me this .. ~ for permission to divide property .... -! .~??? .~..~'~ .-.. , .~..or..~.ta', Z~ ~ ...............bein~ with insufficient width and area. l't,? Location of property: east side says that ........ is Printer und Publisher Town H~bor Lane, Southold, 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 TownOffice, Main Road, Southold, New York on September 2, 1976, on the follow- ing appeals: 7:45 P.M. (E.D.S.T.) resumed hearing upon application of Pine- wood Landscaping a/e Gianfranco Monacelli, Petty's Drive, Orient, New York for a variance in accord- ance with the Zoning Ordinance, Article Ill, Section 100-32 for permission to construct accessory building in front yard area. Loca- tion of property: north side Petty's Drive, Orient, New York; Map of Petty's Bight, Lot #2, Petty's Drive, Orient, New York. ~ 8:00 P.M. (E.D.S.T.) upon ap- plication of Pauline Israel, 275 Central Avenue, Lawrence, New York (Irving L. Price, Jr., Attor- ney) for a variance in accordance with the Zoning Ordinance, Art- icle III, Section 100-32 for permis- sion to erect accessory building in front yard area. Location of prop- , erty: Osprey Nest Road, Green- port, New York; Lot #12, Cleaves Point Subdivison, Section I. J8:10 P.M. (E.D.S.T.) upon a~- plication of William and Mary Barhyte, 735 Horton Avenue, Mattituck, NeW York for a var- iance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 & Bulk Schedule for permission to set off. existing dwelling on undersized lot. Loca- tion of propert~;-~Horton Avenue and Oak Street, Mattituck, New York, bounded on the north by W. Jagodzinsl~ast by Oak Street; south by h~vn Avenue, west by J. Rutkowr-~. 8:20 P.M. (E.D.S.T.) upon ap- plication of Jonathan D. Stern, Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, 'Section 100-30 & Bulk Schedule ~';:e permission to change lot lines in a minor subdivision. Location of property: Private Road off north side Main Road, Orient, New York, bounded on the north by Long Island Sound; east, south and west by other land of ap- plicant. 8:35 P.M. (E.D.S.T.) upon ap- plication of John A. Brester, Town I. arbor Lane, Southold, New York R. G. Terry, Attorney for a variance in accordance with the Zoning Ordinance, Article II1, Section 100-30 and Bulk Schedule COUNTY OF SUFFOLK ~ ss: STATE OF NEW YORK j Sherley KarT, being duly sworn, says that she is an Ediior, of THE LONG ISLAND TRAVELER-WATCHMAN, a punic newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, i-,as been published in said Long .island Traveler-Watch- man once each week for ........... /. .......................... weeks successively, commencing on the ... '~. .............................. ~oy of ...(,U.-'~,,~.. ................. , ~9...~.~.. ............ :g..... ........ Sworn to before me this ......... ~...] ........&~y c, ....... 19...L.~? I~TH~L PALLADINO NOTARY PUBLIC, State of New York No. 52-4628953 Qualified in Suffolk Cou~fy Commission Expires March 30. 1978 TOWN OF SOUTHOLD BUILDING D~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE thc~t your opplicc~tion ~ ~ ~1 , 197~ for permit to construct ~...~.4.~t the premise~l'~2t ..... ~ .......... .... ~......~~L...~.~~ .................. ~ .................................................... ...... ~~....~..~.:......~.~ ....................................................................... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Nome of Appellan} Street and Number Lawrence Municipality l~'.,e_w...¥..o..r...k. .......... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUll, DING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... .~.,~....~..~.~...~. ....................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) IX:me of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY ...... ~..s.P..r..e`y"~..N..e...s.~..~.R...~..a...c~.:..``G..~.e.e.n.?~.~.~.~..~.`A.:~..~esidentia] Street Use District on Zoning MaD 2752 ~ · ~ - 12 I',Aep No Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section one Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ~krt, IIZ Sec. i00-32 3. TYPE OF APPEAL Appeal is made herewith for (x ~ 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 mode with respect to this decision of me Building Inspector or with respect to this property. Such ~ppeal was f ) request for e special ~ermit ¢ ) 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 to allow existing accessory building to remain at South of property rather than at rear of property. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1., .,STRICT APPLICATION OF THE ORDINANCE wou~d produce proctica~ difficuJties or unneces- Saky HARDSHIP because The only hardahip would be the !esseuing of beauty for premises and neighborhood. 2. The hardship created is UNIQUE and is not shared by oH properties alike in the immediate vicinity of this property and in this use district because this is an exist/rig accessgry building :which,is nqw. located a~ the best location for best appearances and to move same to comply wire,he zoning ordinance would make same very noticeable and spoil general asihetics of neighborhood. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because is presently existing and in best location. "~TAT:~ OF NEW YoRK ss COUNTY OF Snffolk ) Sworn to this 10 day of August . ~9 /J Notary Public ~ H~ViNG L. PRICE., ,JR. ?8 SUDITH T. TERRY TOWN CLERK R~GISTRAR OF VITAL STATISTICS RK SOUTHOL[~. L. I.. N. Y. 119~1 August 11, 1976 From: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Re: Application of Pauline Israel for a variance-Appeal No. 2178 To: I have on file in my office notification by certified mail Mr. & Mrs. Victor Ostling, 13 Osprey Nest Rd., Greenport,N.Y. Mr. George Garbe, 240 Caroline Avenue, Garden City, N.Y. Town Clerk Suffolk County Department of Planning Ho Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11787 September 9, 1976 Town of Southold Board of Appeals 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- atlon. A decision of local determination should not be construed as either an approval or a disapproval. A_pp%icant ~ Municipal File Number George Ahlers / 2176 Pauline Israel . 2178 Jonathan D. Stern / 2179 Very truly yours, Lee E. Koppelman Director of Planning by G~: fp TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. } Planning Bd. 765-2660 Board ef Aggoale Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and rn, the ..~a~..o~..Appe~l~ .......... of the town of ...~O~t,~ll~l, ................. (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 Pauline Israel 275 Central Ave. Lawrence, NY ............ Special permits .... · ~.. ..... Voriances Location of affected land: Qspx~y...Neat..Road.,...G~e.e~p.or.t/..~o.t...#.lZ,...~l~a~s..~..t. within 500 feet of: (check one or more) ............ Town or village boundary line ............ 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 orcountyowned po~elon which a publicbuildingissitua~d X Shoreline. Comments: The Board granted the applicant perm~sBion to erect accessory building in front yard area. Sub. (signed) Robert W. Gillisple, Jr. Chairman Title Date received by Suffolk County Planning Commission ........................................................................ File No ................................. O O BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : PAULINE ISRAEL : to the Board of Appeals of the Town of Southo]d : NOTICE TO: Mr. and Mrs. VictorOstling, 13 Osprey Nest Road, (Box 536), Greenport, New York and George Garbe, 240 Caroline Avenue, Garden City, New York YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southoid to request a (~x~Lxm~L4~~~x~J~l;) (the following relief: allow existing accessory h~ildlng (~hod) ~'n remain at Sot]th of property rather than at rear of property ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Lot No. 1000-35 6-26 on Suffolk County Tax Map 3. That the property, which,is the subject of such Petition is located in the following zoning district: A l~esioentia[ 4. That by such Petition, the undersigned will request the following relief: allow existing accessory building to remain at South of property rather than at rear of property. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III. Sec. 100-32 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. Dated: AuguRt 10, 1976 Post Office Address 275 Central Avenue Lawrence, New York NAME PROOF OF MAILING OF NOTICE ADDRESS Mr. and Mrs. VictorOstling 13 Osprey Nest Road Box 356 Greenport, New York Mr. George Garbe 240 Caroline Avenue Garden City, New York STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Tvvlmg T.. Pri~m: .Tv ,residing at 238 Main Street. Greenpnrt: New York , being duly sworn, deposes and says that on the 10th day of August ,19 76 , 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 the addresses set opposite the names of said persons are the addresses of said persons as shown on the curren, t. assessmenl; rolLof t11¢ Town of Southold; that said Notices were mailed at the United States Post Of- ficeat ~reenport, LNew Yor ~ ; that said Notices were mailed to each of said persons by (certified) ~Y~l~mail. return receipt requested. Sworn to before me this 10 day of August ,19 'tv JOANNJ[ 'J. ,~AFFI OTI NOTARY PUBLIC, State o! New y~l~ No. 4618169 Qualified in Nassau Cotrnty '~7 Commission Expires March 30, lg~..,- \ \ GULL POND INLEI' ( UNDERW&TER LAND~ u SEE SEC NO. 0~6 : (~ COUNTY OF SUFFOLK I~o~o~ SOUTHOLD SECT'O-~ Real Property Tax Service Agency V,LLAGE0~ ..... 035 H. Russell Hoase, Director ~ST~CT ~o IOOO Riverhead. L I New York ...... ' Dote al Comb'.et,on I p ~C .... T ,M