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HomeMy WebLinkAbout1984 TO~ OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF A~PEAL$ Appe~ No. 1984 Dated November 20, 1974 ACTION OF TITEZONING BOAHDOFAPPEA3.SOFTHETOWNOFSOUTHOLD To Bouton Services, Inc. Crescent & Fox Avenue Fishers Island, N. Y. DATE'"Dee'~""~, 1974 Appellant at a meeting of the Zoning Board of Appeals on December 19, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ) Request /or a special exception under the Zoning Ordinance ~Request for a variance to the Zoning Ordinance ) 1974 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a spedal exception ( ) be granted ( ) ~ denied p~su~t ~ Article .................... Section .................... Subsect~n .................... paragra~ .................... of the ~ning Ordinance ond the dec.on of the Building I~pector ( ) be reversed ( ) be confirmed because 9:00 P.M. (E.S.T.) upon application of Bouton Services, Inc., Crescent & Fox Avenue, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to divide lot with existing buildings. Location of property: Crescent Avenue, Fishers Island, New York, bounded on the north by Figall; east by Zabahonski; south by Crescent Avenue; west by P. & S. Edwards. 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 ail 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 var/once ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be conf~med ( ) be reversed. s .E ' .vE A ,PROVED ,c ermott, After investigation and inspection the Board finds that applicant requests permission to divide lot with existing buildings on property located at Crescent Avenue, Fishers Island, New York. The findings of the Board are that there will be no change in the character or use of the buildings. 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, Bouton Services, Inc., Crescent & Fox Avenue, Fishers Island, N. Y. be GRANTED permission to divide lot with existing buildings located at Crescent Avenue, Fishers Island, New York, as applied for, subject to the following conditions: That this property be divided by a line commencing at a point 70 feet north of the southeast corner on the easterly property line and proceeding westerly on a line So. 87° 22' West to a point of intersection at the westerly property line of the applicant's property. 2. That there shall be no further intensification of the use of either of these undersized properties. That there shall be no further enlargement of the main structure on the northerly lot or the main structure on the southerly lot. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis; Hulse, Doyen. 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, Suffolk County, 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 December)S, 1974, on the [ollowing appeals: 8:00 P.M. (E.S.T.) upon application of Grabie App!iance~ Inc. ~ Main Road~ Mattituck, New York for a varmance mn accordance with the Zoning Ordinance~ Article VII~ Section 100-70 and Bulk Schedule for permmssion no erec~ free standinc radio tower over the permitted height. Location of arcperry: Main Road, Mattituck~ New York, bounded on the north bv Main Road (Rte 25); easm by De Maula & Keene; south by Kopf~ west by S. Moore & Wf. 8:15 P~M. (E.S.T.) upon application of James Mulhall, Kenney's Road, Southold, New York for a varzance mn accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 for permission to erec~ free standing accessory structure over 35 fee~ in height. Location of proper~y: Lots 1, 2, 3, Map Kennewood, W/S Kenney's Road, Southold, New York. 8:30 P.M. (E.S.T.) upon application of Suzanne S. Coleman~ Montauk Avenue, Fishers Island, New York for a variance in accordance with the Zonmng 0rd%nance, Article III, Sectzon 100-30 C and 100-32 and 100-35 for permission to build accessory building mn front yard area and m amntain front yard fence over 4 feet in height. Locatmon of property: N/S Montauk Avenue, Fishers Island, New York, bounded on the north by F.I. Farms-Dawson; on the east by Dawson; south by Montauk Avenue; west by Union Chapel. LEGAL NOTICE Notice o£ Hearing Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of ~he Town of $outhold, SuffoLk County, New York, public he~xinga will be held by the Zoning Board of Appeals of the Town of Southold, at the Town office, Main Bo&d, Southold, New York, on De~ember 19, 1974 on the follo~ing appeals= 8:30 P.M. (E.S.T.) upon application of Susanne S. Coleman, Monteuk Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 and 100-35 for permission to build accessory building in front yard area and ma~nt&in front yaTd £enoe over 4 feet in height. Location of property~ N/S Montauk Avenue, Fishers Island, New York, bounded on the north by F.I. F~t~as east by Dawson~ south by Montauk Avenue; west by Union Chapel. 9=00 P.M. (E.S.T.) upon application of Bouton Services, I~., Crescent & Fox Avenue, Fishers Island, New York, for a variance in accordance with the zoning Ordinance, Article VII, Section 100-70 and ~ulk Schedule for permission to ~ivide lot with existing buildings. Location of property: Crescent Avenue, Fishers Island, ~ew York, bou/aded on the north by Figall! eaa~ by Zabahonski~ south by Crescent Avenue; west by P. & S. Edwards. Any person desiring to be heard on the ebo~e appeals ehould appear at the time and place above specified. Dated December 6, 1974 BY ORDER OF THE SOUTHOLD BOARD OFAPPBALS Copies mailed to the following on Ucc. 6, New London Day, New London, Connecticut. PLEASE PUBLISH ONCE, DECEMBER 12, 1974, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF A~PEAL~, MAIN ROAD, SOUTHOLD, NEW YORK. 1974: Suzanne Bouton 111 [ [ 1[ I I Ill[lllllll[ [[ [ Illll fi[][ [ Fill Il Legal Notice Page 2 8:45 P.M. (E.S.T.) upon application of Thomas A. Duffey, President, T.A.D. Auto Sales, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 170 B, Subsection (4), Subsection (f) for permissi~>n to use pre-existing business property surrounded by residential area. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; south by M. Barteau; west by Fleet Estate. 9:00 P.M. (E.S.T.) upon application of Bouton Services, lnc., Crescent & Fox Avenues, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to divide lot with existing buildings. Location of property: Crescent Avenue, Fishers Island, New York, bounded on the north by Figall, east by Zabahonski; south by Crescent Avenue; west by P. & S. Edwards. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: December 6, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, DECEMBER 12, 1974, AND FORWARD FIVE (5) AFFIDAVITS OF PUBLICATION TO ThE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following'on December 6, 1974: The Suffolk Weekly Times The Long Island Traveler-Mattituck Watchman Grabie Appliance, Inc. James Mulhall Suzanne S. Coleman Thomas A. Duffey Bouton Services, Inc. Supervisor Albert M. Martocchia NOTICE OF HEARING~ Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Scuthold, Suffolk County, New ?~ York, public hearings will be held ilby the Zoning Board of Appeals of the Town of Seuthold, at the Town Office, Main Road, Suuthold, New York, on December 19, 1974, ~on the following appeals: t 8:00 P.M. (E.S.T.) upon ap- plication of Grabie Appliance, Inc., Main Road, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VII, Section 70 and Balk Schedule for per- mission to erect free standing radio tower over the permitted height. Location of property: Main Road, Mattituck, New York, bounded on the north by Main Road (Rte 25); east by De Maula & Keene; south by Kopf; west by S. Moore & Wf. 8:15 P.M. (E.S.T.) upon ap- plication of James Mulhall, Kanney's Road, Southold, New York for a variance in ac- cordance with the Zoning Or- dinanee, Article HI, Section 100- 30 C and 100-32 for permission to erect free standing accessory structure over 35 feet in height. Locatien of property: Lots 1, 2, 3, Map Kermewood, W-S Kunney's Road, Seuthold, New York. 8:30 P.M. (E.S.T.) upon ap- plicatiun of Suzanne S. Coleman, Montauk Avanue, Fishers Island, New York for a variance in ac- cordance with the Zoning Or- dinance, Article IH, Section 100~ 30 C and 100-32 and 100-35 for permission to build accessory building in front yard area and maintain front yard fence over 4 feet in height. Location of property: N-S Montauk Avenue, Fishers Island, New York, bounded on the north by F. I. Farms-Dawson; on the east by Dawson; south by Montauk ',venue; west by Union Chapel. 8:45 P.M. (E.S.T.) upon ap- plication of Th,~mas A. Duffey, President, T . Auto Sales, Main Road, ~atchogue, New York for a variance in ac- cordanee with the Zoning Or- dinance, Article VII, Section 170 B, Subsection (4), Subsection (f) for permission to use pre-existing business property surrounded by residential area. Location of property: Main Road, Cut- chngun, New York, bourided on the north by Main Road; east by Pequash Avenue; south by M. Barteau; west by Fleet Estate. 9:00 P.M. (E.S.T.) upon al~ plication of Routon Services, Inc. Crescent & Fox Avenues, Fishee Island, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to divide lot wifl existing buildings. Location o~ property: Crescent Avenue Fishers Island, New York bounded on the north by Figall east by Zabahenski; south by Crescent Avenue; west by P. & S. Edwards. I Any person de g~m g to be heard on the above appeals should appear at the time and place above specified. Dated: December 6, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL,5 ;OUNTY OF SUFFOLK. ~TATE OF NEW YORK. ? ss: J ....... · Stu.~,~l:..0.,...Dq ,~. ~,n. ............ being duly Swo s~s that . .~... is Printer and Publisher of ~e SUFFO WEEKLY TIMES, a news~per pub~sh~ ~ Gr~nport, in s. county; and ~t the noti~, of which ~e ~e~ is a prin ~py, ~s ~en published in the ~d Suffolk W~k~ Ti~ once in each w~k, tor ..... ~. {~ } ............. w~ suc~ssively oommencing on the ...~ ............. day of .... ~9~ ...... 19. Sw~ to ~fore me this . ~E?H' L~W~ENC~ T~WNSENB .................. C~kz. N0. Notice of Hearings Pursuant to Section 267 of the Fawn Law and the provisions of the Amended Building Zone Ordinance of the Town of South- old, Suffolk County. New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York, on December 19, 1974, on the following appeals: 8:00 P.M. (E.S.T.) upon al> ~lication of Grabie Appliance, Inc., Main Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to erect free standing radio tower over the permitted height. Loca- tion of property: Main Road, Mattituck, New York, bounded on the north by Main Road (Rte 25); , east by De Maula & Keene; south'*' by Kopf; west by S. Moore & Wf! 8:15 P/M. (E.S.T.) upon ap- dication of James Mulhall, Ken- ny's Road, Southold, New York for a variance in accordance with~ the Zoning Ordinance, Article Ill, - Section 100-30 C and 100-32 for ~ermission to erect free standing accessory structure over 35 feet in height. Location of property: Lots 1, 2, 3, Map Kennewood, W/S Kenney's Road, Southold, New York. 8:30 P.M. (E.S.T.) upon ap- plication of Suzanne S. Coleman, Montauk Avenue, Fishers Island, Yew York for a variance in ac- cordance with the Zoning Ordi- nance, Article 111, Section 100-30 C and 100-32 and 100-35 for permission to build accessory building in front yard area and maintain front yard fence over 4 feet in height. Location of pro- perty: N/S Montauk Avenue, ~ Fishers Island, New York, bound- ed on the north by F.1. Farms- Dawson; on the east by Dawson; south by Montauk Avenue; west by Union Chapel. 8:45 P.M. (E.S.T.) upon ap- plication of Thomas A. Duffcy, President, T.A.D. Auto Sales, Main Road, Cutchogue, New York for a variance in accordance with the Z* '-%g Ordinance, Article VII, ion 170 B, Sub- section (4), Subsection (f) for per- mission to use pre-existing busi- ness property surrounded by resi- dential area. Location .of pro- perty: Main Road, Cutchogue, New York, bounded on the north UNTY OF SUFFOLK [ ss: ~TE OF NEW YORK j by Main Road; east by Pequash Avenue; south by M. Barteau; Sherley Katz, being duly sworn, soys that she is the west by Fleet Estate. Illl~or, of THE LONG ISLAND TRAVELER - MATTITUCK 9:00 P.M. (E.S.T.) upon ap- xTCHM ' · ' plicationofBouton Services, Inc., AN, a pubhc newspaper printed at Southold, Crescent & Fox Avenues Fishers Suffolk Count an Island, New York, for a'variance+* y; d that the notice of which the in accordance with the Zoning ~exed is a printed copy, has been published in said Ordinance, Article VII, Section g Island Trave[er-Mattituck Watchman once each 100-70 and Bu k Schedule for per- mission to divide lot with existing buildings. Location of property: k for ................ .~- :...,,,,..*L:. ....... !....~./::./. ............ weekf Crescent Avenue, Fishers Island, ~ New York, bounded on the north :essively, commencing on the ............... Z':2.....i ........... Sworn to before me this ....... ./.}.?. ..... day of .......... l! ...... .......... )y Figall, east by Zabahonski; ;outh by Crescent Avenue; west ~y P. '& S. Edwards. ~ Any person desiring to be heard on the above should appear at the time and place above specified. Dated: December 6, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-12/12 F01~I NO. 3 TOWN OF SOUTHOLD BUILDING D~EPARTME,NT TOWN CLERK'S OFFICE SO.UTHOLD, N. Y. NOTICE OF DISAPPROVAL for permit to ~~...~....~...C../...,.~.,.~.~.at the premises located at ...~...~.. ~ disaPProved on~ the followlng grounds ...... ..~....~...~.~.'..~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR Nov 20, 1974 DATE ............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Bouton Services, Inc. , Crescent & Fox Avenue 1 (We) .................................................................. et ........................................................................ Name of Appellant Street and Number Fishers Island Town of Southold New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... g~.~..../~....~Qy.~...?..~...~.. ........ WHEREBY THE BUILDING NSPECTOR DENIED TO · ) ( ) (.X) Name of Applicant for permit o f ...C...r.e..s...c.e,..n..t...§...~.,o.x....A.¥..o. :..,... [ .i..s..h..e..r..s....I. ,s. ,1.. ,a~. d.,....S..o..u...t.h., .o..1..d. :....N..?~.. ,Y..o,r.k' ................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to divide property and buildings. LOCATION OF THE PROPERTY ...C.[.e..s..c.?.~..~..?..o..~....A..¥,e..: ............................. .B.2.1' .......................... Street Use District on Zoning Map Map No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- settlor and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi~nance.) Art. III, Sec. 100-30-B and Art. VII, Sec, 100-70 & Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (iX) A VARIANCE to the Zoning Ordinance or Zoning Mop A VARIANCE due to lack 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 df 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 ...................................................................... ) (;X) 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 FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical dJffieuftiee or unneces- sary HARDSHIP because the division as applied for is the most practical use of the property, 2. The hardship created is UNIQUE end is not shared by aH properties alike in the imr.~ediate vicinity of this property and in this use district beoause no one has ti~e same problem within the vicinity of the application area. 3. The Variance wouid observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no change is being made in the allowable use in this district° STATE OF NEW YORK COUNTY oFss ? for Clarence ~], Bouton >,or, to th,s .................. ~.~, .................. da~ ~...../2~~ ....................... (October lg7l) ~-'~ %ocated a~ P~shers island> iown or ~ou~o~y~ %--- ~ .~ ....... s~fo~k~ S~a~e of N~w Yor~, ~ng bomnoed and descr~oeo ~mn~ng a~ a monumen~ on ~he Northwesterly line of Crescen~ ~%v~ue~ said munumen~ ~ing l~a~ed 5006.6~ fee~ No~h of a point tuh~cb ~ !271.53 feo~ lSes~ o~ ano~%er montl~n~ ~a~k~ng ~be United S~a~es C6as~ and Geode~ic Surve~ T~iangulation S~a~ion and .~hence running North 6° 27.' 50~ Wes~ 125.0 fee~ to a ~nument; thence No~h 87° 00' 30'r ~s~ lES.03 fee~ ~o ~ monument; ~hence ConZaining 0.31 acres, more or less. To~e~her w~h an easement over and through land formerly of ~,~ad=leiue A. Renaud bounded Northerly by Crescen~ Avenue, Easterly by ~and formerl%' of Henry Gu~s~ Southerly by land formerly of ~ishers Island Farms Inc. and Wes~erty by Crescent Avenue, fur' Che purpose of maintaining a %~aste line and .cesspoul for sewage disposal. This easemen~ being an easement l-unn~ng %~i%h ~he land. Beins ~he same premises conveyed %o ~h~s Gran~ur by }.{adeleine A. Regard by de~d da~ed ~january .22, ~963 and recorded. ~anuary 31, . !963 an %he off~ce off,he C~erk of Suffolk County in Lzber.5~O1 C/p i0S. 2 JO 2.0A