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HomeMy WebLinkAbout2084 TOWN OF SOux~OLD, NEW ¥OKK ACTION OF THE ZON~/G BOAILD OF A~PEALS DATE..O~t,_..~.6, 1975 Appeul No. 2084 Datod September 29, 1975 ACTION OF TI{E ZONING BO~D OF APPEAI~ OF THE TOV~-N OF SOUTHOLD To Shirley Wexler Beach Court Gardiners Bay Estates East Marion, N. Y. at a mee~ng of the Zoning Board of Appeals on October 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 ( ) Appellant 16, 1975 the appeal 1. SPECIAL EXCEPTION. By res~ution of the Board it was d~ermined that a speciul exce~ion ( ) be grauled ( ) ~ denied p~aul to Article .................... ~ction .................... Su~ection .................... paragra~ .................... of the Zoning Ordinance and ~e decision of the BuildMg Inspector ( ) be reversed ( ) be co~irmedbecan~ 7:55 P.M. (E.D.S.T.) upon application of Shirley Wexler, Beach Court, Gardiners Bay Estates, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to maintain accessory tower of over 18 feet in height. Location of property: South side Beach Court (Private Road), East Marion, New York, Map of Gardiners Bay Estates, Lots 161-166. 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 irmmedlate 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 APPROVED Ch~l~a~ ~A~p~§[~ f Sarjo~ie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to maintain accessory tower of over 18 feet in height on the south side of Beach Court (Private Road), East Marion, New York. The Board finds that applicant has picked up distress calls on the radio and that there have been many rescues effected because of the presence of the tower. The Board agrees with the reasoning of the applicant and compliments the applicant for a life-saving service. 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, Shirley Wexler, Beach Court, Gardiners Bay Estates, Lots 161-166, be GRANTED permission to maintain accessory tower of over 18 feet in height located on the south side of Beach Court (Private Road), East Marion, New York, Map of Gardiners Bay Estates, Lots 161-166, as applied for. Subject to approval of The Suffolk County Planning Commission. 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 ~mended Building Zone ordinance of the Town of Southold~ N~w York, public hearings will be held by the Zoning Board of Appeals, at the Town Ofzzce~ Main Road, Sou~ho_d~ New York, on October 16, 1975s on ~ne following appeals: 7:30 P.M. (EoD.S.T.) upon application of Howard E. and Marion Al. Williams, 181 Greenwich Street, Hemps%tad, New York for a variance in accordance with the Zoning Ordinance, Article ii!, Siection 100-30 and Bulk Schedule for permission to construct a~di%ion on front of dwelling which will reduce front yard setback Liocation of property: South side Shore Road, Greenport, New York, biounded on the north by Shore Road; east by L. Stevenson; south biy Peconic Bay (Pipes Cove); west by R. Rengifo. 7:45 P.M. (E.D.S.T.) upon application of Ida May Hutton, 1500 Leeton Drive, Southold, New York for a variance in accordance ~ith the Zoning Ordinance, Y~ticle III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: North side Leeton Drive, Southo!d, bounded ~n the north by L. I. Sound; east by G. Marchese; south by Eeeton Drive; west by R. White. 7:55 P.M. (E.D.S.T.) upon applicahion of Shirley Wex!er, ~each Court, Gardiners Bay Estates, East Marion~ New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to maintain accessory tower of over. 18 feet in heigh%. Location of property: South side Beach Court (Private Road), East Marion, New York, Map of Gardiners Bay Estates~ Lots 161-166. Legal Notice Page 2 8:10 P.M. (E.D.S~T.) upon application of Herbert & Catharine Lindtveit, 634 Adams Place, West Hempstead, 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: Private Road No. 2, south side Bay View Road, Southold, bounded on the north by H. isl east by Corey Creek; south by C. Burst; west by Private Road %!2. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 2, 1975 BY ORDER OF THE SOUTHOLD TO~ BOARD OF APPEALS PLEASE PUBLISH ONCE, October 9, 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 October 2, 1975: Suffolk Weekly Times Long Island Traveler-Mattituck Watchman Supervisor Albert M. Martocchia Howard E. & Marion A. Williams ida May Hutton Shirley Wexter ~ Herbert & Catharine Lind~veit ' LEGAL NOTICE Notice of Hearings 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 Town Office, Main Road, Southold, New York, on October 16, 1975, on the following appeals: 7:30 P.M. (E.D.S.T.) upon ap- plication of Howard E. and Marion A. Williams, 181 Greenwich Street, Hempstead, New York, for Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addi- tion on front of dwelling which will tion of property: South side Shore Road, Greenport, New York, bounded on the north by Shore by Peconic Bay (Pipes Cove); west by R. Rengifo. 7:45 P.M. (E.D.S.T.) upon ap- plication of Ida May Hutton, 1S00 Leeton Drive, Southold, New York the Zoning Ordinance, Article I11, Section 100-32 for permission to front yard area. Location of Pro- perty: North side Leeton Drive, Southold, bounde~, on the north by south by Leeton Drive; west by R. White. ~ ~ 7:55 P.M. (E.D.S.T.) upon ap- plication of Shirley Wexler, Beach East Marion, New York for a Zoning Ordinance, Article III, Section 100-32 for permission to '~operty: South side Beach Court (Private Road), East Marion, New · York, Map of Gardiners Bay ~ 8:10 P.M. (E.D.S.T.) upon ap- plication of Herbert & Catherine Lindtveit, 634 Adams Place, West Hempstead, New York for a vari- ing Ordinance, Article I11, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Private Road No. 2, south side Bay View Road, Southold, bounded on the north by H. Isles; east by Corey Creek; south by C. Burst; west by Private Road #12. Any person desiring to be heard on the above appeals should appear at the time and place above COUNTY OF SUFFOLK t STATE OF NEW YORKI ss: Sherley Kotz, being duly sworn, says that she is on Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper primed 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 ...... ~' ................................ day of ...... ~.'l.~-.~.: ....................... , 19..~..)... ... ...... .:%. ................ Sworn to before me this ...... /.~..3.. ............ day of ......... ............... , ,~,;,"'[EGAL 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, Seuthold, New York, on October 16, 1975, on the following appeals: 7:30 P.M. (E.D.S.T.) upon application of Howard E. and Marion A. Williams, 181 Greenwich Street, Hempstead, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to construct addition on front of dwelling which will reduce front yard setback. Location of property: South side Shore Road, Greenpert, New York, bounded on the north by Shore Road; east by L. Steven- son; south by Pecunic Bay (Pipes Cove); west by R. Rensifo. T.'45 P.M. (E.D.S.T.) upon application of Ida May Hutton, 1500 Leeton Drive, Southold, New York for a variance in ac- cordance with Zoning Ordinance, Article III, Section 100-32 for permission to construct ac- cessory building in front yard area. Location of property: North side Leeton Drive, Southold, --bounded on the north by LI. Sound; east by O. M~rchese; south by Leetan Drive; west by R. White. ~'7:55 P.M. (E.D.S.T.) upon application of Shirley Wexler, Beach Court, Gardiners Bay Estates, East Marion, New York for a variance in accordance with Zoning Ordinance, Article III, Section 100-32 for permission to maintain accessory tower of over 18 feet in height. Location of property: South side Beach court (Private Road), East M~rion, New York, Map of Gardiners Bay Estates, Lots 161-166. 3:10 P.M. (E.D.S.T.) upon application of Herbert Catharian Lindtveit, 634 Adaras Place, West Hempstead, New York for a variance in ac- cordance with Zoning Ordinance, Article III, Section 100-32 for permission to construct ac- cessory building in front yard area. Location of property: Private Road No. 2, south side Bay View Road, Southold, bounded on the north by H. Isles east by Corey Creek; south by C. Burst; west by Private Road No. 12. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 2, 19'/5 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T09 COUNTY OF SUFFOLK, STATE OF NEW YORK, } ss: ....... St.ua.r.t~ .C,..l~r. r0ao. ............ being duly Sworn, soys that ..... he is Printer ~md Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published (ri Greenport. in said county; and that the notice, of which the annexed is a printed copy. has been published in the sold Suffolk Weekly Times once in each week, tot ........ .O.n.e...(1, ) .......... weeks successively co~.~melLc~g.~..o% ~e ........... Ninth ......... day of ..... O~JD~.-p-~.7. 5. Swan to fo pe this .... day of .~. l.d.L~:-f.~.L ...... 19/.~.~- ..... · ........ ..... ., .... ;... ~i'-' TOWN OF SOUTHOLD, NEVi' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (we) ...,?~..b. xc..I.~.~ ......... .~...~i.~..?..~..~ ......... of C~ ~'~ ~ ~ ~ ~ Name~of Appelta,n.t ~ Street and Number .... ~..~.t:,:~?.,'~.~.)..Q..q]~::~ ......... ~...~'Z". ........ ~;,?,'.'.",:}.]~.:~.~.b.:.i}.~.~)t:.t~.,.~..~.......~.,~..~..t.:.....HEREBY APPEAL TO Municipality -' ~' State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .................... WHEREBY THE BUILDING INSPECTOR DENIED TO ......... ...... ........................ Name o~ Applicant for permit of ......... ~ .,?::,.:.~.~. ........ L-t:c~.~.'.~..~:~. J,..~ ............................................................................ Street and Number Municipality State (~/-) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY <~,z.:~ ~'<~ ~']>~ ," 1. LOCATION OF TH'E PROPERTY ............. .~.~&~:~;,~......~.&~.:..~ ................. ~$.;.C~:.~,,.....{). ..... 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 Ordi,nonce.) 3. TYPE OF APPEAL Appeal is made herewith for t~<:) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Low Chap~ 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (t~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Sech 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 (~ A Variance to the Zoning Ordinance ( ) is[requested for the reason that (Continue on other side)_ REASON F~R APPEAL Continued 1. STRICT APPLiCATiON OF THE ORDINANCE would produce practica[ diff]cu[tie~ or unneces- sary HAR~SH P becouse ' ~ [~ ~ ~ 2. The hardship created is UNIQUE and is not shared by alt properties alike in the imraed]ate vicinity of this property and in this use d[stdct beca:use -+4..,~.~_~ ¢~.~t~,-~' ~' ~, ~ ~-~ JC~ ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK CO,N .............................. ............................. FREDER[C~ 3. ~EDESC~ NOTARY PUBUC, Staf~ of No. 52-39454~0 TOWN OF SGUTHOLD BUILDING ~£PARTJ~ENT TOWN CLEP, K'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~,~ ~o .................................................................. ~o~ ..................... ~,,~,.7.,,.,,~ ~,,~ ........ ~!,.,~~,,..,~~ ~ ~ ........... ~ ....... ~,~.~). ..... ~,~,,~ ~ ......................................................................................................................... Building Inspector TOWN CLERK }'65.3783 Building Dept. } Planning Bd. 765-2660 Board ef Appeala TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Lows, Article 12-B, Sections 239-1 and' m, the ....Jj~Dar4J..~J..~ii.j~p~le ......... of the town of (~gency involve~) 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 ............ Special permits Shirley Wexler Beach Court Gardiners Bay Estates East Marion, N. Y. ~ ...... Variances South side Beach Court (Private Road), East Marion Location of affected load: ..................................................................................................................... within 500 feet of: (check one or more) ............ Town or village boundary line ............ State or county road, parkway or expressway ............ State or county pork or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State orcountyowned pa~elon which a publicbuildingissitua~d .XX..Shoreline Comments: The Board agrees with the reasoning of the applicant and also complimants the applicant for a life-saving service. The Board finds that ~here have been many rescues effected because of the presence of this tower. (signed) C ,,h~,.../.., ,r~.., .a~,., ,... ,S. ,9,,u..t,. ,h, ,o..1...d.., ,~g.,.w~.,...~ .o..a..~,d....g..~....~.ppeaZ s Title Date received by Suffolk County Planning Commission ........................................................................ File No ................................. JUDITH T. BI]KEN OF ~K SOUTHOLD, L. I., N. Y. 119'71 To: From: Re: September 30, 1975 Southold Town Zoning Board of Appeal~ Judith T,. Boken, Town Clerk Application of Shirley Wexler, Beach Court, East Marion, N.Y. for variance. Gardiners Bay Estates to: I have on file in my office notification by certified mail Ered M. Wingett,Pre$., G~rdiners Bay Estates Assoc., East Marion,N.Y. Mrs. Marie Seemann, Gardiners Bay Estates, East Marion, N.Y. Mrs. Gladys Hicks for Gardiners Bay Co. Box 134, East Marion,N.Y. Town Clerk Suffolk County Department of Planning Lee Dennison Executive Office Building Veterans ?~emorial Highway Hauppauge, ~ew York 11787 Towm of Southold Board of Appeals October 22, 1975 Pursuant to the requirements of Sections.1323 to 1332 of the Suffolk County Charter, the following applications wbich have been referred to the Suffolk County Planning Commission are considered to be a matter for local determin-' ation. A decision of local determination should not be construed as either an appr6val or a disapproval. Applicant t~unicipal File Number Howard E. & Marion A. Williams Ida May Hutton Shirley Wexler Herbert & Catharine Lindtveit 2082 2083 2O84 2085 Very truly yours, Lee E. Koppelman Director of Planning GG_~: fp D ~l~h W~7 I;: fL 49.o ,- 49.0 / \ .~.. co u ~ZT ,, (?IIDiqTIKIE DF. PI/ "~AcYl Id" G ? D- f kJ g~ / / '~ ,, gOk!Uk.l.~kjT