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Home My WebLink About2047 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONinG BOARD OF APPEALS Appeal No. 2047 Dated May 19, 1975 ACTION OF THE ZONINO BOARD OF APPEALS Or ?HE TOWN OF SOUTHOLD To Richard H. Wheeler Pine Neck Road Southold, New York DATE -Ju~e-.12, 1975 AppeHant at a meeting of the Zoning Board of Appeals on June was considered and the action indicated below was taken on your iX ) Request for variance due to lack of access to property ) Request for a special exception under the Zoning Ordinance ) Request for a variance to the Zoning Ordinance ) 12, 1975 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be &,ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zonin~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:25 P.M. (E.D.S.T.) upon application of Richard H. Wheeler, Pine Neck Road, Southold, New York for a variance in accordance with the Town Law, Section 280A, for approval of access from public road. Location of property: Right of way off south end Tuthill Road, Southold, N. Y., bounded on the north by Yennecott Park Sub.; east by J. Krukowski; south by F. Moffat Est.; west by F. Moffat Est. Fee paid $ 15. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because 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 districz 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 ~ranted ( ) be d~nied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM APPROVED ~I~IF~ ~n.. /Ma~jor~e McDermott, Secretary After investigation and inspection the Board finds that applicant requests approval of access from public road, right of way off south end Tuthill Road, Southold, New York. The findings of the Board are that there is an existing road to the property but it is not in front of the proposed building lot. 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, Richard H. Wheeier, Pine Neck Road, Southold, New York be GRANTED approval of access, as applied for, subject to the following conditions: That applicant shall improve a 15 foot access from approximately the center of the dead-end Tuthill Road, a Town road, to a point approximately 50 feet from the northwesterly corner of the property which is also the southeasterly corner of the Town Road. This improvement shall be subject to the approval of the Building Inspector for the passage of emergency vehicles. This approval shall also be subject to applicant obtaining permission for access from Deed of Moffat Estate. Vote of the Board: Ayes:- Messrs: Grigonis, Doyen. Gillispie, Bergen, RECEIVED AND FILED BY ?H~ ~OLTHOLD TOWN CLERK 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. (EoD.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: Bayv~ew 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. Wheeler, Pine Neck Road, Southold, New York for a variance in accordance with Town Law, Section 280A, for approval of access from public road. Road, Sub.; Location of property: Right of way off south end Tuthill Southold, New York, bounded on the north by Yennecott Park east by J. Krukowski; south by F. Moffat Est.; west by F. Moffat Estate. Legal Notice Page 2 Zoning Board of Appeals 8:35 P.M. (E.D.S.T.) upon application of Warren Waldvogel, Box 250, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, 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. Faulkner Box 355, Fishers Island, 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.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 ~$tate, Boisseau Avenue, Southold, bounded 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 tn 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. (E.D.S.T.) upon application of Hugh C. Newman, Minnehaha Blvd., Southold, 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: Minnehaha Boulevard, Southold, Map o~ 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) OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, SOUTHOLD, NEW YORK. AFFIDAVITS MAIN ROAD, Coples mailed to the following on May 29, 1975: The Suffolk Weekly Times New London DAY The Long Island Traveler-Mattituck Watchman Supervisor Albert Mo Martocchia Luka Picinic Lefferts P. Edson, Esq. a/c Gerald H. & Jo Ann Richard H. Wheeler Warren Waldvogel William J. Faulkner Mary M. Wheeler Stephen Rutkowski Greenport Yacht Club Greenport Village Hugh C. Newman Osmond LOCAL LEGALS LEGAL NOTICE Notice of Hearings Pursuant to Section 2~ 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, Suuthuld, New York, on Jane 12, !975 on the following appeals: 9:00 P.M. (E.D.S.T.) upon application of Luka Picinic, 3348 29th Street, Long Island City, N.Y. for a variance in ac- cordance with the Zoning Or- dinanee, Article III, Section 100- 30 and Bulk Schedule for per- mission to retain foundation with insufficient side yard. Location of property: Beachwood Lane, Southold, N.Y., Map of South- wood, Lot No. 17. 3:15 P.M. (E.D.S.T.) upon application of Lefferis P. Edsan, Esq. a-c Gerald H. and Jo Ann Osmond, Bayview' Avelme and Cedar Beach Road, Seuthold, New York for a variance in ac- cordunce with the Zoning 'Or- dinanee, Article IH, Sectian 100- 32 for permission to construct swimming pool in front yard area. Location of property: Bayview Road & Cedar Beach Road, Southold, Map of Cedar Beach Park--N~,~90, Lot Nos. 2, 157. r 5:25 P.M. (E.D.S.T.) uponi ~pplication of Richard H. Wheeler, Pine Neck Road, Southold, New York for a variance in accordance with Town Law, Section 280A, fo] approval of access from publii road. Location of property: Righ of way off south end Tuthill Road Seuthold, New York, bounded the north by yeaneeott 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 Waldvogel, Box 250, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (6) F for off- premises "For Sale" sign. Location of property: South side Middle Road (CR 27), Cutchogue, boanded on the north by Middle Road; east by Bridge Lane. 0:45 P.M. (E.D.S.T.) upon application of William J. Faulkner, Box 355, Fishers nd, New York for a variance · ececdanee with the Zoning ,~.dinanee, Article III, Section 100-30 and Bulk Schedule for permissian 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 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 dub. 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. (E.D.S.T.) upon application of Hugh C. Newman, Minnehaha Blvd., Seuthuld, New York for a variance in ac- cordanee with the Zoning Or- dinance, Article III, Section 100- 32 for permission to construct accessory building in front yard area. Location of property: Minnehaha Boulevard, Seuthuld, Map of Laughing Waters, Map NO. 917. Any person desiriug to be heard on the above appeals should appear at the time and place above specified. DATED: May 29, 1975 BY ORDER OF THE SOUI'HOLD TOWN BOARD OF APPEALS IT-J5 YORK, ~ ss: Drive; west by M. Whitener. ~t: C' . ~orma n 9:00 P.M. (E.D.S.T.) upon ........................ being duly Sworn. application of Mary M. Wheeler, Executrix, Estate of Florence Moffat, Boisseau Avenue, Southuld, 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. 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 lOO-zo and Bulk Schedule for permission to eoostruet ad- dition which will reduce front yard setback. Location of property: Seawood Drive, Sonthold, New York, Map of Seawood Acres, Block I, Lot No. 32. ?. is Printer and Publisher of the SUFFOLK ;S, a newspaper published ~rt Greenport. in said ~t the notice, of which the annexed is a printed published in the said Suffolk Weekly Times One (l) ~ek~ ~or ........................... weeks mmencin~ on the . .F.i..~.h, .................. -~t~e this .... ~. ...... : ~ ........... ~-/. ~ .L~..~. ] .~-~. ..... 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 South- old, 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, 197S 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 III, Section 100-30 and Bulk Schedu},e for permission to retain foundation with insufficient side yard. Location of property: Beachwood Lane, Southold, N. Y., Map of Southwood, Lot No. 17. 8:1S 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 III, 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, 1S7. 1~ 8:25 P.M. (E.D.~ }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 III, 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, New York for a variance in accordance with the Zoning Or- dinance, Article lIl, Section 100- 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. 9:00 P.M. (E.D.S.T.) upon 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 Ill, 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. 9:10 P.M. (E.D.S.T.) upon application of Stephen Rutkow- ski, Seawood Drive, Southold, New York for a variance in accordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to construct addition which will reduce front yard setback. Location of property: COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK j Sheriey 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 a printed copy, has been published in said Long Island Traveler-Mattituck Watchman once each week for / weeks successively, commencing on the ...... ~. .............................. 19....~.~.. day of ..~...,!.~,~.. .......................... , ZT~-~' ...... ............ Sworn to before me this ........................ day of ............... ,¢~'. .:. % ............ Notary PubBc TO~'N OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE Name of App.el~nt ......................... ~.~/..,..~ ...................................... Municipality APPEAL NO, ~ CZ 7 ZONIFCC~BOARD OFARPEAL~, TOWN OF SOUTHOLD, N.Y. --~ ~' ...... ~,-'~.~.;(..~.;. ....... o, ........ i~.;.'.;..;.~.....~.¢... ...................... Street and Number .... ~ .......... HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .......... iC..~j ....... ~.~ .......... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State () PERMIT TO USE ) PERMIT FOR OCCUPANCY LOCATION OF THE ICROPERTY ........ ..~.~...~..~..~.'.....?.o..~..~'.~.~...Z~...~.. .......... ~.....~..~..~.. .... Street Use District on Zoning Map .... .~ ........................................ ~ ................. .s~~. r¢-,¢. Mop ~!o.Lot o. section and Paragraph of the Zoning O¢inance by r~ber. Do not PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- 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 lack of access ,State of New York Town Law Chap. 62 Cons. Laws Art. l d Sec. 280A Subsection 3 PREVIOUS APPEAL A previous appeal '(l~(has not) been mode with respect to this decision 4 of the Building Inspector or with respect to tI~is property. Such appeal was ( ) request for a soecial permit ( ) request for e 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 forthe reasonthat (Continue on Other side)_ REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce pracficaJ difficuJties or unneces- 2. The hardship created is UNIQUE and is not shared by ali prope~ies alike in the ' ' * vicinity of this property and in this use district because ~. ~.,~/~ ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ,' ~ ^ ~_ STATE OF Nk-M/ YORK ss COUNTY OF~C~-~ ) Signature Sworn to this ...................................... (. ,../~. day of.../.. ,~,...Z~,..,~'. ...................................... 19 2-.~'- Notary Public TOWN OF SOUTHOLD BUILDING D~£PART~EN'r TOWt4 CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~o ...... ~.~.~...~ ..... ~.~.~...~..~....~ ~~ · ~ ................. ~ ........... ~ ............ ~ ...................... ~ ....~ ................................. ................. ~~.....~ ....... ~....~...~ ............................................ ............... O55 L.~4. 4'"/' MAP OF $1J 1"4V E Y E [') Pt~,,, ~. L.) · AT TO~¢I~,,i ,'DF '~.O~THOLD,