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Home My WebLink About2070 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZO~ZNG BOAJtD OF APPEALS AppealNo. 2070 Dated July 22, 1975 DATE.~9.~..14, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Muriel A. Nielsen Birch Road Southold. N. Y. 11971 Appellant at a meeting of the Zoning Board of Appeals on August 14, was considered and the action indicated below was take~l on you~ ( ) 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 1975 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 ( ) b~ confirmed because 8:00 P.M. (E.D.S.T.) upon application 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 Wheeler; west by John Pierre. 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 (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 cf~D~d~in~'~nspect°r (i~/~) be confirmed( ) be reversed. SEE REVERSe. , ii q Marjor~e McDermott, Secretary After investigation and inspection the Board finds that applicant requests approval of access for property located off east side of Kenneys Road, Southold, New York. The Board recommends approval of improved right of way access for this application only. This approval is not to imply approval for Conway's lot to the east. The Board agrees with the reasoning of the applicant. 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, Muriel A. Nielsen, Birch Road, Southold, New York be GRANTED approval of access for property located off east side of Kenneys Road, Southold, New York, as applied for, subject to the following conditions: (1) That this right of way be cleared to a width of fifteen (15) feet and topsoil be removed to a depth of six (6) inches and replaced with bank run. (2) The improvement of this right of way shall be subject to the approval of the Building Department. (3) The approval of this application does not imply approval of access for Conway's lot to the east. Vote Grigonis, of the Board: Hulse. , Ayes:- Messrs: Gillispie, Bergen, R%CEIVED AND FILED BY TPiE SOUTh-fOLD TO\VN CLERK LEGAL NOTICE Notice of Hearings Appeals of the Town Southold, New York, appeals: 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 of Southold, at the Town Office, Main Road, on August 14, 1975, on the following 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 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. 8:00 P.M. (E.D.S.T.) upon application 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, Sou%hold, New York, bounded on the north by Joseph Wheeler; east by Helen Conway; south by Joseph Wheeler; west by John Pierre. 8:15 P.M. (E.D.S.T.) upon application of Gary F. Olsen, Esq. a/c Harold T. Carr, Jr. and Alice M. Carr, Maratooka ROAD, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Sec. 100-31 and Bulk Schedule to divide premises with insufficient width and area. Location of property: Maratooka Road, Matti%uck, New York, bounded on the north by J. Hamilton; east by T. Darsaklis; south by other land of applicant; west by Maratooka Road. Legal Notice Page 2 8:25 P.M. (E.D.S.T.) upon application of George & Grace Leohe, 101 Coleman Street, 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, 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 appear at the time and place above specified. PLEASE PUBLISH ONCE, August 7, 1975, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on July 31, 1975 Long Island Traveler~Mattituck Watchman Suffolk Weekly Times Supervisor Albert M. Martocchia A. John & Margaret J. Gada Muriel A. Nielsen Gary F. Olsen, Esq. a/c Harold T. Carr, Jr. George & Grace Leone New London Day permission to div~ premises with insufficient wk 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. ~ ' 8:00 P.M. (E.D.S.T.) upon application of Merlel Al Nielsen, Birch Road, Southuld, New York for a variance in accordance with the Zoning Ordinance, Town Law, Seetian 280A, for approval of access. Location of property: East side Kenneys Road, Santhold, New York, bounded on the north by Jeseph Wheeler; east by Helen Conway; south by Joseph Wheeler; west by John Pierre. ~ 8:15 P.M. (E.D.S.T.) upon application of Gary F. Olsun, Esq. a-e Herold T. Carr, Jr. and Alice M. Carr, Maratcoka ROAD, Mattituck, New York for a varience in accordance with the Zoning Ordim~nce, Article III, Sec. 10031 and Bulk Schedule to divide premises with insufficient width und area. Locatiun of property: Maratooka Road, Mattituck, New York, bounded on the north by J. Hamilton; east by T. DarsaMis; south by other land of applicant; west by Marainoka Road. COUNTY OF SUFFOLK. OF NEW YORK. ~ ss: STATE '~-u ........ ~o~'~ being duly says that '' .. , is Printer and Publisher of the SU: WEEKLY TIMES. a newspaper published ~t Greenport. county; and that the notice, of which the annexed is copy. has been published in the said Suffolk Weekly once in eoch week, for ............... ............ successively commencing on the ................... ~_, ~r~'~ ~-, - - -.3,9 7 day ut ..... Sworn to before me th~s .. d. ........ ~ ' 7~' .............. LEGAL NO~CE Notice of Hearings PURSUANT TO Section 267 of the Town Law and the provisions of the Amended Building Zone Ordisance of the Town of Southold, New York, public hearings will be held by the Zuning Board of Appeals of the Town of Senthold, at the Town Office, Main Road, Santhold, 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 Avcoue, Fishers Island, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 A and Bulk Schedule for 8:25 P.M. (E.D.S.T.) upon application of George & Grace Leone, 101 Coleman Street, New London, Connecticut for a variance in accerdance with the Zoning Ordinance, Article III, Section 1O0~O A & Bu]k Schedule for permi~ian to set off lot with insufficient width and area. Location of property: Oriental Avenue, Fishers Island, New York, boanded 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 appear at the time and place above specified. 1TAT 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 lsland, New York for a vari- ance in accordance with the Zon- ing Ordinance, Article Ill, '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. ~ 8:15 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 lIl, Sec. 100-31 and 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 accordance with the Zon- ing Ordinance, Article III, Section 100-30 A & Bulk Schedule for permi'ssion 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 & Ano4. south by Oriental Avenue; west by R.O.W. - Thurrott/Emmot. Any person desiring to be heard nn the ahnve anneals should COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK j Sherley Katz, being duly sworn, soys that she is 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 Traveler-Mattituck Watchman once each week for ................................................................ weeks successively, commencing on the ....~ ................................. Sworn to before me this ..../Z ................. day of ................ , Notar~ Public .................... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO~-~-~)'~'~) DATE ...... .UJ ................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ........ .~....~...~..~.~...... i~...:.. ~.~..~.'.~ ........... of ....... ...~...i Y..~... ~" .....~ .q .~..~.. ............... Name of Appella,nt Street and Number ~o~b~t~. . ....... ~,..¥". .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APP',CAT,ON FOR P'E ,T NO ..................................... DATED ........ ........ WHEREBY THE BUILDING INSPECTOR DENIED TO Nome of Applicant for permit o, Street and Number Municipality State ( ) PERMIT TO USE (: ) PERMIT FOR OCCUPANCY 1L LOCATION OF THE PROPER~ ...... ~.. .............. ~ ............................................. : .............. Street Use District on Zoning Mop .......................................................................... M~p ~o. kot 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section aha Paragraph ~,f the Zoning Ordinance by number. Do not quote the Ordi~nance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREV OUS APPEAL A previous appeal (,~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. ~uch appeal was ( ) request for a special permit ( ) request for a variance aha was made in Appeal No ................................. Dated ...................................................................... ) ) requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Forr~ ZB1 Continue on other REASON FOR APPEAL Continued sack HARDSHIP because STRICT APPLICATION OF THE ORDINANCE wouId produce practical difficulties or unneces- 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 ~I~G- y~. ~+ The Variance would observe the spirit of the Ordinance and WOULD NOZ CHANGE THE STATE OF NEW YORK ) . ~ ) ss COUNTY OF ~Jl~) Signature 5~vorn to this ~m, ~ day of.....~...~...~--~ 19 ~ ~ ~otary Public ~O/ARY ~U~US, ~ate o~ ~e~ork ~o. 52-1077685 "Suffo[~ Co~n~ ~mb~on ~x~]r~s ~rc~ 30, ~97Z FOI/~I ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN C'ERK'S OFFICE SOUTHOLD~ N. Y. iFile No .................................................................. Date ......................... , 'lC/ ....... ....... ./'~...~ ............ ~.....~; ............. PLEASE TAKE NOTICE that your application dated ...Z~ ~'~ ...... jr = ' disapproved on the follaw, ng grounds .... .~- ... JUDITH T. BDKEN SnUTHRLD, L. h, N. Y. 11971 July 22, 1975 To: Southold Town Zoning Board of Appeals From: Judith T. Boken, Town Clerk Re: Application of Muriel A. Nielsen for a variance - Appeal No. 2070 to: I have on file in my office notification by certified mail Mr. Robert Kolyer, Kennys Rd., Southold, N.Y. Mr. James Wheeler, Kennys Rd, Southold, N.Y. Mr. John Pierre, 28-15 34th St., Astoria, N.Y. Mr. Jerome Conway, Chestnut Rd., Southold, N.Y. Mrs. Helen Gagen, Hortons La., Southold, N.Y. COUNTY OF SUFFOLK o~ [VED AND FILED Tile SOUTZCLD TO\fl~ N SURVEY r~OM,~S TOWN ~