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Home My WebLink About2051 TO~N OF SOUTHOLD, NEW YORK ACTION OF THE ZONL~G BOARD OF APPEALS Appeal No. 2051 Dated May 28, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mary M. Wheeler, Executrix Estate of Florence Moffat Boisseau Avenue So~huld, i~. Y. at a meeting Of the Zoning Board of Appeals on June 12, 1975 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) DATE ..J~-~e..-1.2, 1975 Appellant the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be ga~ed ( ) be dewed pursuant to Article .................... Sect~n .................... S~section .................... p~agaph .................... of the Zoning Ordinance and the dec.on of the Building Inspector ( ) be reversed ( ) be confkmed becau~ 9:00 P.M. (E.D.S.T.) upon application of Mary M. Wheeler, Executrix, Estate of Florence Moffat, Boisseau Avenue, Southold, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30, Subsection B-1 for permission to reinstate two family use of premises. Location of property: F. Moffat Estate, Boisseau Avenue, Southold, bounded on the north by M. Krukowski; east by W. Moffat, Jr.; south by C. Saltus; west by Boisseau Avenue. Fee paid $ 15. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical 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 APPROVED ~r~a~d 01 Ap~ ~ Marjor~ McDe~ott, Secretary After investigation and inspection the Board finds that applicant requests permission to reinstate two family use of premises, F. Moffat Estate, Boisseau Avenue, Southold, New York. The findings of the Board are that this will be a con- tinuation of a non-conforming use, which has gone on for many years, and which has been modified during some years by the location of the Nursery School on the premises. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. THEREFORE IT WAS RESOLVED, Mary M. Wheeler, Executrix, Estate of Florence Moffat, Boisseau Avenue, Southold, New York be GRANTED permission to reinstate two family use of premises located on Boisseau Avenue, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, DOYEN. RECEIVED AND FILED BY 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 of the Town of Southold, at the Town Office, Main Road, Southold, New York, on June 12, 1975 on the following appeals: 8:00 P.M. (E.D.S.T.) upon application of Luka Picinic, 33-48 29th Street, Long Island City, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to retain foundation with insufficient side yard. Location of property: Beachwood Lane, Southold, N. Y., Map of Southwood, Lot No. 17. 8:15 P.M. (E.D.S.T.) upon application of Lefferts P. Edson, Esq. a/c Gerald H. and Jo Ann Osmond, Bayview Avenue and Cedar Beach Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 fo~ permission to construct swimming pool in front yard area. Location of property: Bayview Road & Cedar Beach Road, Southotd, Map of Cedar Beach Park - No. 90, Lot Nos. 1, 2, 157. 8:25 P.M. (E.D.SoT.) upon application of Richard H. Wheeler, Pine Neck Road, Southold, New York for a variance in accordance with Town Law, Section 280A, for approval of access from public road. Location of property: Right of way off south end Tuthill Road, Southold, New York, bounded on the north by Yennecott Park Sub~; east by Jo Krukowski; south by F. Moffat Est.; west by F. Moffat Estate. Legal Notice Page 2 - Zoning Board of Appeals 8:35 P.M. (EoD.S.T.) upon application of Warren Waldvogel, Box 250, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section off-premises "For Sale" sign. Location of Middle Road (CR 27), Cutchogue, bounded on Road; east by Bridge Lane. 8:45 P.M. (E.DoS.T.) Box 355, Fishers Island, 100-30 C (6) F for property: South side the north by Middle upon application of William J. Faulkner New York for a variance 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: North side Winthrop Drive Fishers Island, New York, bounded on the north by J. Evans; east by R. Wadlington; South by Winthrop Drive; west by M. Whitener. 9:00 P.M. (E.D.S.To) upon application of Mary M. Wheeler, Executrix, Estate of Florence Moffat, Boisseau Avenue, Southold, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30, Subsection B-1 for permission to reinstate two family use of premises° Location of property: F. Moffat Estate, Boisseau Avenue, Southold, bounded on the north by M. Krukowski; e~st by W. Moffat, Jr.; south by C. Saltus; west by Boisseau Avenue. 9:10 P.M. (EoD.SoT.) upon application of Stephen Rutkowski, Seawood Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition which will reduce front yard setback. Location of property: Seawood Drive, Southold, New York, Map of Seawood Acres, Block I, Lot No. 32. Legal Notice Page 3 Zoning Board of Appeals 9:20 P.M. (E.D.S.T.) upon application of Greenport Yacht Club, Inc., foot of Fifth Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B-6 for permission to maintain floating barge for private membership club. Location of property: Sixth Street, Greenport, New York, bounded on the north by W. Brawn & A. Scott & Village Line; on the east by Village Line; on. the south by Peconic Bay; west by Peconic Bay. 9:30 P.M. (EoD.S.T.) Minnehaha Blvd., Southold, with the Zoning ordinance, upon application of Hugh C. Newman, New York for a variance in accordance Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Minnehaha Boulevard, Southold, Map of Laughing Waters, Map No. 917. Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: May 29, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JUNE 5, 1975 AND FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on May 29, The Suffolk Weekly Times The Long Island Traveler-Mattituck Supervisor Albert M. Martocchia Luka Picinic Lefferts P. Edson, Esq. a/c Gerald Richard H. Wheeler Warren Waldvogel William J. Faulkner Mary M. Wheeler Stephen Rutkowski Greenport Yacht Club Greenport Village Hugh C. Newman 1975: New London Watchman DAY H. & Jo Ann Osmond LOCAL LEGALS LEGAL NOTICE Notice of Hearings Puro,ant to SecUon ~ of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Road, Southeld, Map of Cedar Beach Park--No. 90, Lot Nos. 1, 2, 157. 8:25 P.M. (E.D.S.T.) upon application of Richard H. Wheeler, Pine Neck Road, Seuthold, New York for a variance in accordance with Town Law, Section 280A, for approval of access from public road. Location of property: Right of way off south end Tuthill Road, Southold, New York, bounded on the north by Yennecott Park Sub.; east by J. Krukowski; south by F. Moffat Est.; west by F. Moffat Estate. 8:35 P.M. (E.D.S.T.) upon application of Warren Waldvogal, Box 250, Matt/tuck, New York for a variance in accordance with the Zoning Ordinance, Art/cie III, Sect/on 100-30 C (6) F for off- premises "For Sale" sign. Location of property: South side Middle Road (CR 27), Cutchogue, bounded on the north by Middle Road; east by Bridge Lane. 8:45 P.M. (E.D.S.T.) upon application of William J. Faulkner, Box 355, Fishers Island, New York for a variance =n accordance with the Zoning Ordinance, Article III, Seefioo 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: North side Winthrop Drive, Fishers Island, New York, bounded on the north by J. Evans; east by R. Wadlington; south by Winthrop Southold New York, public r~ive, west by M Whitener *,m hearings will be held by the ~r~:0~ P.M. ~(EJ).S.T.) u'pon Zoning Board of Appeals of the ~ applicatiun of Mary M. Wheeler, Town of Southold, at the Town Executrix, Estate of Florence Office, Main Road, Soothold, Moffat, B0isseau Avenue, New York, on June 12, 1975 on the following appeals: 9:00 P.M. (E.D.S.T.) upon application of Luka Picinic, 33-48 29th Street, Long Island City, N.Y. for a variance in ac- cerdance with the Zoning Or- dinance, Article III, Section 30 and Bulk Schedule for per- mission to retain foundation with insufficient side yard. Location of property: Beachwo0d Lane, Southold, N,Y., Map of South- wood, Lot No. 17. 9:15 P.M. (E.D.$.T.) upon appliCation of Lefferts P. Edson, Esq. a-c Gerald H. and Jo Ann Osmond, Bayview' Avenue and Cedar Beach Road, Southold, New York for a variance in ac- cordunce with the Zoning 'Or- disunce, Article iii, Sect/on 100- 32 for permissiea to construct swimming pool in front yard area. Location of property: Bayview Road & Cedar Beach Seuthold, New York for a special except/on in accordance with the Zoning Ordinance, Article III, Sect/on 10030, Subsection B-1 for permission to reinstate two family use of promises. Location of property: F. Moffat Estate, Baisseau Avenue, Seuthold, betmded on the north by M. Krukowski; east by W. Moffat~ 'Jr.; south by C. Saltus; west by Boisseau Avenue. _ 9:10 P.M. (E.D.S.T.) upon application of Stephen Rutkowski, Seawood Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct ad- dition which will ~luce front yard setback. Location of property: Seawood Drive, Southuld, New York, Map of Seawood Acres, Block I, Lot No. 32. 9:20 P.M. (E.D.S.T.) upon application of Greenport Yacht Club, Inc., foot of Fifth Street, Groenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B-6 for permission to maintain floating barge for private membership club. Location of property: Sixth Street, Greanpart, New York, bounded on the north by W. Brawn & A. Scott & Village Line; on the east by Village Line; on the south by Peeonic Boy; west by Peconic Bay. 9:30 P.M. (E.D.S.T.) upon application of Hugh C. Newman, Minnehaha Blvd., Seuthold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 100- 32 for permission to construct accessory building in front yard area. Location of property: Minnehaha Boulevard, Seutho]d, Map of Laughing Waters, Map NO. 917. Any per~m desiring to be heard on the above appeals should appear at the time and place above specified. DATED: May 29, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-J5 ~art C o qorman being duly Sworn. I-.$ is Printer and Publisher of the SUFFOLK a newspaper published ~xt Greenport. in said the noti~, of which the annexed is a printed published in the said Suffolk Weekly Times O~e (1) ek, fo~ ........................... weeks lmencing on the .... .F.i.[ .~t) ................ '~e - ~ ~o 75 ~me t~is ........ 7' ] "~ ............ ~, '~+~" ;"~J~ '%'~ ~C ' ~ ~ '.~ '~' '~ ..... LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and.~th~ provi~iohs of the Amended Buildihg Zone Ordinance of the Town of South- old, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Off~ce, Main Road, Southold, New York, on June 12, 1975 on the follow- ing appeals: 8:00 P.M. (E.D.S.T.) upon application of Luka Picinic, 33-48 29th Street, Long Island City, N. Y. for a variance in accordance with the Zoning Ordinance, Ar- ticle Ill, Section 100-30 and Bulk Schedule for permission to retain foundatio~ with insufficient side yard. Location of property: Beachwood Lane, Southold, N. Y., Map of Southwood, Lot No. 17. 8:15 P.M. (E.D.S.T.) upon application of Lefferts P. Edson, Esq. a/c Gerald H. and Jo Ann Osmond, Bayview Avenue and Cedar Beach Road, Southold, New York for a variance in accordance with the Zoning Or- dinance, Article 111, Section 100- 32 for permission to construct swimming pool in front yard area. Location of property: Bay- view Road & Cedar Beach Road, Southold, Map of Cedar Beach Park -- No. 90, Lot Nos. 1, 2, 157. 8:25 P.M. (E.D.S.T.) upon application of Richard H. Wheel- er, Pine Neck Road, Southold, New York for a variance in accordance with Town Law, Sec- tion 280A, for approval of access from public road. Location of property: Right of way off south end Tuthill Road, Southold, New York, bounded on the north by Yennecott Park Sub.; east by J. Krukowski; south by F. Moffat Est.; west by F. Moffat Estate. 8:35 P.M. (E.D.S.T.) upon application of Warren Waldvo- gel, Box 250, Mattituck, New York for a variance in accord- ance with the Zoning Ordinance, Article 111, Section 100-30 C (6) F for off-premises "For Sale" sign. Location of property: South side Middle Road (CR 27), Cutchogue, bounded on the north by Middle Road; east by Bridge Lane. 8:45 P.M. (E.D.S.T.) upon application of William J. Faulk- net, Box 355, Fishers Island, dinance, Article III, Section I00- 30 and Bulk Schedule for per- mission to divide property with insufficient width and area. Lo- cation of property: North side Winthrop Drive, Fishers Island, New York, bounded on the north by J. Evans; east by R. Wad- lington; south by Winthrop Drive; west by M. Whitener. f' 9:00 P.M. (E.D.S.T.) upo~ application of Mary M. Wheeler, Executrix, Estate of Florence Moffat, Boisseau Avenue, South- old, New York, for a special exception in accordance with the Zoning Ordinance, Article II1 Section 100-30, Subsection B-~ for permission to reinstate two family use of premises. Location of property: F. Moffat Estate, Boisseau Avenue, Southold, bounded on the north by M. Krukowski; east by W. Moffat Jr..; south by C. Sa tus; west by COUNTY OF SUFFOLK ~ ss: STATE OF NEW YORK j Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK 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 each week for .......... ?. ................................ weeks successively, commencing on the ....?'.~'. ............................... day of . ..~-~-..-~:/~-. .......................... 19..~.~... Sworn to before me this ....'~'..x~-f~ ......... day of .................... , ~ Not~s~ Public TOWN OF $OUTHOLD, NEW YO, RKO APPLICATION FOR SPECIAL EXCEPTION APPLIC.~TION NO. ~ ~ ~/ / TO Tt~ ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. Mary M. Wheeler, Executrix I, ('~k~ .E.,s.t,..a..t,e...,P.,f,,,...F,..1.,o..r.,e._n,c.e..,_Mo..f,..f.,a.~....,,..of ...... ~.n.9~.~"n"~..e.~.r".).~...BR~i..~.~s.~e`~.a"~u~`."..A...v...e~..~n...u...e.~ ........ Name Street and Number ................ .s., ......................................................................... ..................................... Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION 100-30 SUBSEC~ON B-1 THE SPECIALEXCEPTIONISREQD-ESTED~X to reinstate two family use of the premises formerly of Florence Moffat, now of the Estate of Florence Moffat, Mary M. Wheeler, Executrix, premises as shown on attached survey. Kindly see affidavit of Mary M. Wheeler attached hereto. COUNTY OF Sllffo1]9 Mary M. Wheeler, Executrix ~t~..t..~_.....~y..__~..Y.,. ............... ,19..._7...5. ....... Estate of Florence Moffat Notary Public ~ LEFFER'I'S pAINE EDSON I~01ARY pLIBtlC, State of New york ilo. 52.1077685 ' Suffolk Goun~Y FOP, M ZB2 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS MARY M. WHEELER, residing at (no number) Boisseau Avenue, Southold, New York 11971, being duly sworn, deposes and says: THAT she is the Executrix of the Estate of Florence Moffat, deceased, and is the person making the application to the Zoning Board of Appeals for a special exception to allow two family use of the former home of Florence Moffat, deceased; THAT the following information constitutes a chronological statement of the former uses of the premises in support of her application; The southerly part of the structure is the original part and was used by the Moffat family until 1921, at which time the northerly wing was added so that more than one family cound be accommodated; THAT the said two family use of the premises was continuous from 1921 until about 1967, at which time the southerly part of the premises was made available to Southold Playmates, a nursery school, annually, from that date until the present. During this period of occupancy of part of the property by Southold Playmates, Florence Moffat was also residing on the property. Further, in each of the summer periods during these years, when the property was not being used by Southold Playmates, the property was being used by two families. Florence Moffat occupied the southerly portion, and the northerly portion was rented to other persons. It was not until a year or two ago that Florence Moffat became physically unable to care for the sun, mcr renters, and in view of this, she occupied the premises alone in the summer months. Your applicant makes the above statements for the consideration of the Southold Town Zoning Board of Appeals in connection with the application for the two family use of the structure, knowing that it will rely on these statements in it's deliberations. Sworn to before me this 27th day of May, 1975. Estate of Florence Moffat LEFFERTS PAINE EDSON ~O'[ARY PUBLIC, StYe of New Yor# No. 52-1077685-Suf~lkCoun~ r,I. 89"5'4 70" J,4NICE YVONNE ,~OU7'/.-/OL.~ ,5u,~'o- ~' ~ ou,,v'rv' - ,&/. Y. 265'.Z, 6 50 ~ ~fea : 44/,oZ