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Home My WebLink About2069 TO~VN OF $OUTHOLD, NEW YOBK ACTION OF 'I*IIE ZOI~I~G BO.~[RD OF APPEALS AppealNo. 2069 Dated July 7, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOVFN OF SOUTHOLD To A. John & Margaret J. Gada Equestrian Avenue Fishers Island, N. Y. DATE.Allg~St..14,1975 Appellant at a meeting of the Zoning Board of Appeals on August 14, was considered and the action indicated beinw was taken on your ( ) Request for variance due to ]ack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1975 the appeal 1. SPECIAL EXCEPTION. By resolution of ~e Board ~ was determined that a special exception ( ) be ~anied ( ) ~ denied pursuant to ~ticle .................... Section .................... Subsection .................... para~a~ .................... of the ~ning O~inanee an~ t~ decision of the Building Inspector ( ) be reversed ( ) be co~medbeeause 7:50 P.M. (E.D.S.T.), upon application of A. John & Margaret J. 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, New York, bounded on the north by F. Rauch & Others; east by Equestrian Avenue; south by Winthrop Drive; west by R. Waddington. 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 practical hardship because difficulties or unnecessary 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. SEE REVERSE FORM ZB4 · larjo~ie McDermott, Secretary After investigation and inspection the Board finds that the applicant is requesting permission to divide property with insufficient area and width. The Board agrees with the reasoning of the applicant. These lots were purchased as single and separate parcels. The ad- joining lots and other lots in the neighborhood are of similar and smaller size. The Board finds that strict application of the Ordinance would produce practical difficulties or un- necessary 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, A. John & Margaret J. Gada, Equestrian Avenue, Fishers Island, New York, be GRANTED permission to divide premises with insufficient width and area, as applied for on property located at north side of Winthrop Drive, 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.SoT.) upon application of A. John & Margaret J. Gada, Equestrian Avenue, Fishers Island, N. Yo 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. Y., bounded on the north by F. Rauch & Others; east by Equestrian Avenue; south by Winthrop Drive; west by R. Waddingtono 8:25 P.M. (E.D.S.To) upon application of George & Grace Leone, 101 Coleman Street~ New London~ Connecticut for.a variance in accordance with the Zoning Ordinance, Article !ti, Section 100-30 A & Bulk Schedule for permission to set off insufficient width and area. Location of property: Avenue, bounded on the north by O. Horn; east by O. south by Oriental Avenue; Islands New York. lot with N/S Oriental Horn and Ano.; west by R.O.W. - 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 ROADs SOUTHOLD, NEW YORK. Copies mailed to the following on July 31, 1975: NEW LONDON DAY A. John & Margaret J. Gada George & Grace Leone Notice of Hearings PURSUANT TO Section 2~7 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of ~outhold, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Seuthold, 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 J. Gada, Equestrian Avenue, Fishers Island, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 A and Bulk Seheduie for I permission to d/vide premises with insufficient width a rea. Location of property: Not,.. 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. Waddingten. 8:00 P.M. (E.D.~.T.) upon application of Muriel A. Nielsen, Birch Road, Seuthold, New York for a variance in accordance with the Zoning Ordinance, Town Law, Section 280A, for approval of acce~z. Location of prol~: East side Kenneys Road, Seuthold, New York, bounded on the north by Josell~ Wheeler; east by Helen Cenway; south by Jeaeph Wheeler; west by John 8:15 P.M. (E.D.S.T.) upon application of Gary F. Oisen, Esq. a-c Harold T. Carl Jr. end Alice M. Cart, Marateeka ROAD, Mattituck, New York for a variance in accordance with the Zoning Orah~ea, Article III, Sec. 100-31 and Bulk Schedule to divide premises with insufficient width and area. Location of property: Maratooka Road, Mattituck, New York, beended on the north by J. Hamilton; east by T. Darsaldis; south by other la~d of applicant; west by Marateaka Road. 8:25 P.M. (E.D.S.T.) upon applic~tinn of George & Grace Leone, 101 Coleman Street, New London, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-~0 A & Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: N-S Oriental Avenue, Fishers Island, New York, bounded on the north ~)y O. Horn; east by O. Horn & ~,no.; south by Oriental Av/~nue; ·est by R.O.W.-Thurrott- Emmot. Any person de~iring to be heard )n the above appeals should appear at the time and place above specified. tTA7 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ...................................... being duly s~/s that ...:~... is Printer and Publisher of the SUk WEEKLY TIMES, a newsl>aper published ~ Gr~npo~t, county; and ~=t the noti~, of which ~e ~e~ is ~py, has been published in the ~d Suffolk Week~ once in each week, for ........................... suc~ssiv~ly ~mmencin9 on the ......... ... ~ ....... d~ of ~'~ ~ Sworn to ~re me this .. Qualified in Suffolk Coun~ ,/ ~erm ~pires Marc~ PUBLISH ER'S CERTIFICATE State o£ Connecticut County o£ New London lss. New London LEGAL No $07 Town of Soufhold NOTICE OE HEARINGS Pu~'suanf f~Secfion 247 of the Town Law and the provisions of fha Amend ed Building Zone Ordinance of fha Town of Southold, New York, public hearing~ will be held by fha Zoning Board of Appeals, at the Town Office, Main- Road, Southold, New York, on August ~4.~]775, on the following ap peals: ~ 7:50 PM. (E D.S.T.) upon applica trion of A. John & Margaret J. Gada, !Equestrian Avenue, Fishers Island, NY for a variance in accordance with the Zoning Ordinance, Article III, Section 100-3C~A and Bulk Sched cati~of proper.~.; North side of Wintt~'~o Drive,!'~Fishers Island, N,Y., bOunded o~lhe north by F. Rauch & Others; east by Equestrian Avenue; south by Winthrop Drive; west by R Waddingfon. 8:25 P.M. (E .D S T~upon app ~ll~llca tion of ~.eorge & Grace Leone, 101 Colma~,$fF~el, Ne~Lm~lon Connec ticut fl~' :l~er ia n~t~ actor dance with ll~e ZOning Ol:~ir'~ance, Article I I I, Secltia~ 100 30 ~ ~, Bulk Schedule for permillsion !o s~l~.~ff lot with in property: N~S Orteh~al Avenue, bounded on the north by Q Horn: east b~O. Horn and Abo; south by Oriental Avenuei west b,/ R.O.W - New York. i the above appeals should appear af the time and prate above specified On this 18th day o£ ~ugust A. D. 19 , personally appeare~ before the under- signed, aNotaryPublic, within and for said County and State, A G. Almeida Controller newspaper published at ~ew Lo~don, London, State of Connecticmt, who states on ~a~e o~ of THE ~AY, a daily evening County o£ New being swor~, oath, that the Order o~ Notice, in the Gada & Leone Applications T. 507 is hereunto annexed, paper in its issues o£ the 7th days of A. ]). 19 A~gu~t - //Z Subscribed and,~worn to before me this 18th day 0£ August A. D. 19 7~ a true copy o£ which was published in said news- Notary l~ubli c. 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~ 7:50 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 III, Section 100-30 A and Bulk Schedule for permission to divide premises with insufficient width and ai'ea. 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. L 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. 8:15 P.M. (E.D.S.T.) upo. n ap- plication of Gary F. Olsen, Esq. a/c Harold T. Can', Jr. and Alice M. Can', Maratooka Road, Matti- tuck, New York for a variance in accordance with the Zoning Ordi- nance, Article Ill, Sec. 100-31 and Bulk Schedule to divide premises with insufficient width and area. Location of property: Maratooka ~'~0ad, 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 accordance with the Zon- ing Ordinance, Article III, Section 100-30 A & Bulk Schedule for permfssion 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 by R.O.W. - Thurrott/Emmot. Any person desiring to be heard on the above appeals should COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK Sherley Katz, being duly sworn, says 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 o printed copy, has been published in said Long Island Troveler-Mattituck Watchman once each week for ...................... : ......................................... weeks successively, commencing on the ...... .: ................................ Sworn to before me this // day of ...~,,/,(:...,, ,, .,~ .............. , 19..../.~. / Note.~ Publ~ TOWN OF SOUTHOLD BUILDING D~[PARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTIC~ OF DISAPPROVAL File No .................................................................. Dote .................................. , 19 ....... ~'~'~ ....................... ~.....&~g .......... PLEA,SE TA~E NOTICE ~H~ for permit to ~t .~ ........................... at d~e premises Iocat. ed at ...~ ...................... .... ~~ ...... .~ ...... .... ~~~ ~,~ ~ ~ ~b~,~ ~ ........ ~.:.:.....~.....~:....: ...... . ~ ~ ~ ....... TOWN[ iO~ $OUTHOLD, NEW APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO¢'~ DATE ... 3..~.u..~y_.t.9..7.5. .... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)..A..,,...~P..h..~...&...~g~Ae.~..~.,...O..~..d...a ............. of ............ .~g,~.~..s..t;~.~.~...A.~.~..e. ............................. Name of Appelia,n~ Street and Number ............ [~.s.~.~..~..X~X~.~ ....................................................... ~-~..'Zar~ .......... HEREBY APPEAL TO Municipality State THE ZONING , '4~// .~Z ' ~-~'~ BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...........././//..i ...... .~..,.~ ................. / WHEREBY THE BUILDING INSPECTOR DENIED TO Name of AppIicant for permit of Street and Number Municipality State )PERMIT TO USE PERMIT FOR OCCUPANCY ) 1. LOCATION OF THE PROPERTY ................. ~[~..~,h.~o.p_,.A..v..e.,n.~?. ..................................................... 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 Zor~ing Ordinance by number. Do not quote the Ordi,nance.) Art° III Sec !00~30A and Bulk Schedule 3. TYPE OF APPEAL Appeat is made herewith for (×) A VARIANCE to the Zoning Ordinance or Zoning Map ( ,) A VARIANCE due to [ack 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 appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance is requested for the reason that to divide premises single lots as originally ~urchased~ (Continue on other side)_ ~,oa~ncld REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property end in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHAP~CTER OF THE DISTRICT because COUNTY O ) Sworn to this ................. ../~.. ........................ doy of ....................................... 19-73 ............ ...... MARY B, PANKIEWICZ N(~rARy PUBLIC, STATE OF NEW YORK NO. ~2-8267950 - SUFFOLK COONIY ~OMMIS~IOfl EXPIRES MAR~H 30, SOLtTHOLD, L. I., N. Y. July 15, 1975 To: Southold Tow~ Zoning Board of Appeals From: Judith T. Boken, Town Clerk Re: Application of A. John and Margaret J. Gada for a variance. Appeal No. 2069 I have on file in my office notification by certified mail to: Robert Waddington, Sr. & Wife, Fishers John C. Evans, Fishers Island, N.Y. Frances Rauch, Fishers Island, N.Y. Island, N.Y. TO: Southold Town Board of Appeals Town Clerk's Office Southold, New York 11971 A. JOHN GADA GENERAL CONTRACTING, INC. DRAWER b · FISHERS ISLAND, NEW YORK 06390 AREA CODE 516 PHONE 788-7231 SUBJECT D^TJuly~ 11, 1975 MESSAGE Dear Sirs: I ara enclosing herewith, appeal from decision of Building Inspector, to- gether with notorized copies and receipts of certified mail sent the adjoin- ing property owners as directed. ~J~.~.~.. /~t.~. ~.~f-~ I~°~-- T~sting to hear from you in the affi~ative, Sincerely, A. Joh~ -~ada -- IHIS COPY RETURNED TO SENDER SCHEDULE A Two certain tracts o~ parcels of land located at Fishers Islsnd, Town of Southold,~Oounty of S~£folk, State of New York, b:e~ng bounded and dbeeribed aS ~o110ws{ Beginning ab a monument on .the Northwesterly line of Win throp DriVe, said monument being South 62° 21' West 13q,~0 · feet £rom the Southwesterly line of Equestrian Avenue~ said . monumen~ also being 739.6~ feet North of a point which ts q~33,~0-£oet West of another monument marking, the United States Coast and Geodetic Survey Triangulation Station "PROS" and thence running along said Winthrop Drive 'li~e North 6~e 21~ EaSt 13~,~0 feet; thence ~long said Equestrian AVenue line North 27e ~q' West 13.66 Feet to a monUment$ t~ence along the[~ Southwesterly line of said Avenue South 62° 26 West 1,61.~eetl thence along the Southwesterly line of said avenue North 32e 18' West 188. ql feet to a monument; thence SoUth. 6~~ ~&~ west 120,80 feet.; thence South 27e 39' East 201,q0 ~eet to the paint o~ beginning. Containing 0.58 acres more or leSS, Tract No. ~ Beginning at a monument on the Northwesterly throp Drive. said monument being 739.63 feet North of a point which is ~633.60 feet West of another monument marking the Un,ted States 0cast and Geodetic Survey Triangulation Station "PROS and thence running along ~aid Winthrop Drive line South 62 West 102,0 feet; thence Nbrth ~7= ~' WeSt 201~50 feet; thence:" ~orth 62e 26' EaSt 102.0 feet; thence SoUth ~?e ~9.' feet to the point 'of beginning, Cont'aining 0.47 acres more or less.. .. Together with the right to use in common ,~ith Sel!~r~n others Winthrop Drive, Eqhes~ian AvenUe and Other private[P,hda~ P~emises of Seller for ln~ress to ~nd%~gress from the until time as such private road~ are dedicated to public rosa and highway purposes ~d acce~ted bM a Townor Vl~iage fo~ S~ch poses. (~) COUNfY OF SUFFOLK ReaJ Property Tax Service Agen¢ 0O9