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HomeMy WebLinkAbout2072 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 2072 Dated July 31, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To George & Grace Leone 101 Coleman Street New London, Connecticut at a meeting of the Zoning Board of Appeals on August 14, 1975 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 ( ) DATE~_.~4, 1975 Appellant 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 deei~on of the Building Inspector ( ) be reversed ( ) be confirmed because 8:25 P.M. (E.D.S.T.) upon application of George a Grace Leone, 101 Coleman Street, New London, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Seotion 100-30 A & Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: N/S Oriental Avenue, Fishers Island, N. Y., bounded on the north by O. Horn; east by O. Horn & Ano.; south by Oriental Avenue; west by R.O.W. - Thurrott-Emmot. Fee paid $15.00. 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 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 thc 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. .APPROVED SEE REVERSE {,i-, .~ _ FORMZB4 8h"~ a'~li~"6~of-l~ppea~ [/ ~~e~ ~'"ff(A/'~.e~x_,~f/~ Marjorfe McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to set off lot with insufficient width and area on the north side of Oriental Avenue, Fishers Island, New York. The three adjacent lots to the west are the same size or smaller than the applicant proposes to create. The Board agrees 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, George and Grace Leone, 101 Coleman Street, New London, Connecticut, be GRANTED permission to set off lot with insufficient width and area, as applied for, on property located at the north side of Oriental Avenue, Fishers Island, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. 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, Southold, New York, on August 14, 1975 on the following appeals: 7:50 P.M. (E.D.S.T.) upon application of A. John & Margaret Jo Gada, Equestrian Avenue, Fishers Island, N. Y. for a variance in accordance with the Zoning Ordinance, Article Iii, Section 100-30 A and Bulk Schedule for permission to divide premises with insufficient width and area. Location of property: North side of Winthrop Drive, Fishers Island, N. Yo, bounded on the north by F. Rauch & Others; east by Equestrian Avenue; south by Winthrop Drive; west by R. Waddington. 8:25 P.M. (E.D.S.T.) upon application of George & Grace Leone, 101 Coleman Stree%, New London, Connecticut for a variance in accordance with the Zoning Ordinance, Article III~ Section 100-30 A & Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: N/S Oriental Avenue, bounded on the north by O. Horn; south by Oriental Avenue; west by R.O.W. Island, New York. east by O. Horn and Ano.; - Thurrott/Emmot~ Fishers Any person desiring to be heard on the above appeals should appear at the time and place above specified. PLEASE PUBLISH ONCE~ August 7, 1975, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAiN ROAD, SOUTHOLD~ NEW YO~K. Copies mailed to the following on July 31, 1975: NEW LONDON DAY A. John & Margaret J. Gada George & Grace Leone LEGAL NO~ICE 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 of the Town of Scuthold, at the Town Office, Main P, aad, Southold, New York, on August 14, 1975, on the follo~n~ appeals: 7:50 P.M. (E.D.S.T.) upon application of A. John & Margaret J. Gads, Equestrian Avenue, Fishers Island, New York for a variance in ac- cordance with the Zoning Or- (finance, Article III, Section 100- 30 A and Bulk Schedule for permission to divide ~misos with insufficient width ~.d area. Location of property: North side of Winthrop Drive, Fishers Island, New York, bounded on the north by F. Rauch & Others; east by Equestrian Avenue; south by Winthrop Drive; west by R. Waddington. 8:00 P.M. (E.D.S.T.) upon application of Muriel A. Nielsen, Birch Road, Southold, New York . for a variance in accerdance with the Zoning Ordinance, Town Law, Scetion ~0A, for approval of access. Location of propei, ty: East side Kenneys Road, Scuthuld, New York, bounded on the north by J~ei~ Wheeler; east by Helen Conway; south by Jozeph Wheeler; west by John g:15 P.M. (E.D.S.T.) upon appticatian of Gary F. Oisen, Esq. a-c I-braid T. Cart, Jr. and Alice M. Cart, Maratceka ROAD, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article HI, Sec. 100-31 and Bulk Schedule to divide premises with insufficient property: Maratooka Road, Mattituck, New York, boanded on the north by J. Hamilton; east by T. Darsaldis; south by other land of applicant; west by Maratooka Road. 8:25 P.M. (E.D.S.T.) upon application of George & Grace Leone, 101 Coleman Street, New London, Connecticut for a variance in accordance with the 'Zoning Ordinance, Article III, Section 189-~ A & Bulk Schedule for permi~lan te set off lot with insufficient width and area. Location of property: N-S Oriental Avenue, Fishers Island, New York, bounded on the north by q. Horn; east by O. Horn & Aha.; south by Oriental Avenue; west by R.O.W.-ThurrottL..~ Emmot. Any person desiring to be heard on the above appeals should appear at the time and place above specified. 1TA7 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ~ 7,: ~ ' . o~?!?, being duly Swo scr~s that .. :z .... is Printer and Publisher of the SUFFO WEEKLY TIMES, a newspaper published ~rt Greenpozt, in s county; and that the notice, of which the annexed is u prin copy, has been published in the said Sufblk Weekly once in each week, [ar ..... ;..... ................. wa successively commencing on the '~'~'~ ' ~ d~y of ..... i*"' ' (''~' ' ~' Li~,,~' ~ ' ?~-~!~_. ~_-~'/- . ~ A- · ~ ....................... Sworn to belOre me this . .~. ..... , ., oo, ^,o ....... PUBLISH ER'S CERTIFICATE State off Connecticut County off New London lss. New London LEGAL NO SO? Town of Soufhold NOTIC~ OF HEARINGS On this 18th day of August A. D. 19 , personally appeared before the under- signed, aNotaryPublic, within and for said County and State, A G. Almeida Controller of THE DAY, a daily evening newspaper published at New London, County o£ New London, State of Connecticut, who being sworn, states on oath, that the Order of Notice, in the case O£ Gada & Leone Applications _T, 527 is hereunto annexed, a true copy o£ which was published in said news- paper in days o£ its issues of the 7th A. D. 19 Subscribed ane~wozn to befor~ me this 18th day of August A. D. 19 7~ Notary Public. 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 of the Town of Southold, at the Town Office, Main Road, Southold, New York, on August 14, 1975, on the following appeals: 7:S0 P.M. (E.D.S.T.) upon ap- plication of A. John & Margaret J. Gada, Equestrian Avenue, Fish- ers Island, New York for a vari- ance in accordance with the Zon- ing Ordinance, Article lI1, Section 100~30 A and Bulk Schedule for permission to divide premises with insufficient width and area. Location of property: North side of Winthrop Drive, Fishers Island, New York, bounded on the north by F. Rauch & Others; east by Equestrian Avenue; south by Winthrop Drive; west by R. Wad- dington. 8:00 P.M. (E.D.S.T.) upon ap- plication of Muriel A. Nielsen, Birch Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Town Law, Section 280A, for approval of access. Location of property: East side Kenneys Road,, Southold, New York, bounded on the north by Joseph Wheeler; east by Helen Conway; south by Joseph Wheel- er; west by John Pierre. 8:1S P.M. (E~D.S.T.) upon ap- plication of Gary F. Olsen, Esq. a/c Harold T. Carr, Jr. and Alice M. Carr, Maratooka Road, Matti- tuck, New York for a variance in accordance with the Zoning Ordi- nance, Article II1, Sec. 100-31 anti Bulk Schedule to divide premises with insufficient width and area. Location of property: Maratooka Road, Mattituck, New York, bounded on the north by J. Hamil- ton; east by T. Darsaklis; south by other land of applicant; west by Maratooka Road. 8:25 P.M. (E.D.S.T.) upon ap- plication of George & Grace Leone, 101 Coleman Street, New London, Connecticut for a vari- ance in aceardance with the Zon-~ lng Ordinance, Article Ill, Section 100-30 A & Bulk Schedule for permission to set off lot with insufficient width and area. Loca- tion of property: N/S Oriental Avenue, Fishers Island, New York, bounded on the north by O. Horn; east by O. Horn & Ano. south by Oriental Avenue; west b R.O.W. - Thurrott/Emmot. Any person desiring to be heard on the above appeals should appear at the time and place above specified. COUNTY OF SUFFOLK I, ss: STATE OF NEW YORK j Sherley Katz. being duly sworn, soys that she is an Editor, of THE LONG ISLAND TRAVELER - MATTITUCK 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 Zraveler-Mattituck Watchman once eaci~ week for .............. ./. ............................................... weeks successively, commencing on the ....... .7.. .............................. 19...~" day of ..... .~,~j~cz.c.,~-_ ................ , Sworn to before me this ..... ./-/.i ............ day of 19......~. l~'ot, ar~ Publio FOR~ ~TO. 3 TOWN OF SOUTHOLD BUILDING DIEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Do,~ ................... ~../. ......... PL'A~' TAK',~.>.~ ~NOTI~E that your ..plic.tion d.ted ............. ~j ........ .................... ~r~r~~ ~,nd d[sopproved on 1)e {ollow~n~ ~rounds ............................................................ Building inspector ~ TOW~ 0~: SOU~HOLD~ H~W YOR~C APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN oF $OUTHOLD, N. Y. APPEAL NO. c~cO DATE ~ C.qle an St.~get (We) Gs o~.ga ..& ..G~.~c~e.. z.$.a~_a ................... of ..... ~,.~.~, ......... .~. ............................................... Name of Appel[a,nt Street and Number ...... .~..~.W...~..Q.~.9.T~ ............................................................... 0...o.~..~...,. ................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL?NG INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..........~ ..... / ~xJ../.~',..~../)" ............... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X)Transfer Lot less than 150~ wide & 40,000 Sqo ft, LOCATION OF THE PROPERTY ..................................................................................................... Street Use District on Zoning Map ............. .~. .................................... ~ ................. ~i.$.hers Island, New York ~v~ep 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 Ordi,nance.) ~RT III Sec~ ~.00-30 A & Bulk S~hed~le 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordin.ance or Zoning Map ( ) A '~ARIANCE~ CJue to [ack. of access (State of New York Town Law Chap. 62 Cons. Laws Art. ]~6 Sec. 280A Subsection 3 . 4. PREVIOUS APPEAL A previous appeal (~i~(has not) been made with respect to this decision of the Dui]ding 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 ................................. Doted ...................................................................... ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sa~ HARDSHIPbecause i, George Leone am a 100% disabled (blind,eta) Veteran and must live on the mainland and cannot use this Fishers Island property 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would obsewe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because one lot adj&cent to Petitioners, is only .680 acre as well as other lots on Fishers Island that are undersized. STATE OF NEW YORK ) ) COUNTY OF Suf£al~ SS Sworn to this ............ .~.~J'A ........................ day of .............. Ju~y ................................ 19 75 .............. ubii ............................ ~'0~1' ]~u~]J<=, ~tate of l~ev~ ¥o~h No. 52-0028880 ~ualffied in Suffolk Count~_ ~ezm e~pixes Mazch 30, 19 77 sr"iUTHnLD, L. I., N. Y. 119'71 July 3~ 1975 To: Southold To%rn Zoning Board of Appeals From: Judith T. Boken, Town Clerk Re: Application of George & Grace Leone for a Variance. Appeal No. 2072 I have on file in my office notification by certified mail to: Mr. & Mrs otis Horn Fishers Island N.Y. Mrs. Clara Schweiger Fishers Island N.Y. 'l Il (~) COUNTY OF SUFFOLK to~ SOUTHOLD J~=~-=~ _ I Property Tax Service Agenc~ ~ 010 AND FILED BY .....