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Home My WebLink About1980 TOWN OF SOUTHOLD, NEW YORK DATE ...D...e._.c..:......1...~ , 1974 ACTION OF THE ZONING BO.4~D OF APPEALS Appeal No. 1980 Dated November 22, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To James Mulhall Kenney' s Road Southold, N. Y. 11971 Appellanf at a meeting of the Zoning Board of Appeals on December was considered end 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 ( ) 19, 1974 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 enc% the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:15 P.M. (E.S.T.) upon application of James Mulhall, Kenney's Road, Southold, New York for a variuance in accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 for permission to erect free standing accessory structure over 35 feet in height. Location of property: Lots 1, 2 and 3, Map Kennewood, W/S Kenney's Road, Southold, New York. 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 practical difficulties 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 SEE REVERSE (would not) 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. APPROVED Marjo~e McDe~ott, Secretary After investigation and inspection the Board finds that applicant requests permission to erect free standing accessory structure over 35 feet in height on the west side of Kenney's Road, Southold, New York. The findings of the Board are that the applicant has requested a 50 foot steel tower but that with the experiments he plans to conduct it may be necessary to go higher. 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, James Mulhall, Kenney's Road, Southold, New York, be GRANTED permission to erect free standing accessory structure over 35 feet in height on the west side of Kenney's Road, Southold, as applied for, subject to the follow- ing condition: That no portion of the structure shall exceed 60 feet~in height. 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 erovisions of the Amended Building Zone Ordinance of the Town of Southoid, 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/~, 1974, on the {ollowing appeals: 8:00 P.M. (E.S.T.) upon application of Grabie Appliance, Inc. , Main Road, Mattituck, New York for a variance in accordance wmth the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to erect free standinc radio tower over %he permztted height. Location of property~ Main Road, Mattituck, New York, bounded on the north ky 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 application of James Mulhall, Kenney's Road, Southold, New York for a variance zn accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 for permission to erect free standing accessory s~ructure over 35 feet in hei~hto 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 application of Suzanne S. Coleman~ Montauk Avenue, Fishers Isiand, New York for a variance in accordance with the Zoning Ord%nance, Article III, 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 Avenue; west by Union Chapel. 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, Suffolk Cffunty. 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 ap- plication 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); York for a v0" 'ncc in accordance with the ;_ ag Ordinance, Articie VI1, Section 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 by Main Road; east by Pequash Avenue; south by M. Barteau; west by Fleet Estate· 9:00 P.M. (E.S,T.) upon ap- plication of Bouton Services, Inc., 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 per- mission 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. east by Dc Maula & Keene; south Any person desiring to be by Kopf; west by S. Moore~Y~ll?.~ heard on the above should 1~'8:15 upon ap-l~ppear at the time and place P.M. (E.S.I.) plication of James Mulhall, Ken- ~i>ove specified nv's Road, Southold, New York I)ated' December 6 1974 R;r a variance in accordance v,/,th Wy O~DER OF TH~ SOUTHOLD the zon,ng Ordi.a.ce. % TOWN ROARD OF A,,EALS Section 100-30 C and 100-32 for IT-12/12 permission 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. -- II 8:,30 P.M. (E~.T.) upon ap- plication of Suzanne S. Coleman, Montauk Avenue, Fishers Island. New York for a variance in ac- cordance with the Zoning Ordi- nancc. Article Ill. 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, Ne',',' York, bound- ed on the north by F.1. Farms- Dawson; on tile east by Dawson; south by Montauk Avenue; west by Union Chapel· 8:45 P.M. (E.S.T.) upon ap- plication of Thomas A. Duffey, Presi4ent, T.A.D. Auto Sales. Main Road, Cutchogue. New tUNTY OF SUFFOLK ss: ATE OF NEW YORK Sherley KarT, being duly sworn, says that she is ~ itor, of THE LONG ISLAND TRAVELER ~ MATTITUCK ATCHMAN, a public newspaper printed at Southold, Suffolk County; and that the notice of which the hexed is a printed copy, has been published in said ng Island Traveler-Mattituck Watchman once each :cessively, commencing on the ................... :.; .................. Sworn to before me this ' · day of 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 Soutbeld, at the Town Office, Main Road, Southald, New York, on December 19, 1974, on the following appeuis: 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 100~ 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 Maala & Keene; south by Kopf; west by S. Moore & Wf. ~ 8:15 P.M. (E.S.T.) upon ap- plication of James Mulhall, Kenney's Road, Southold, New York for a variance in ac- cordance with the Zoning Or- dinanea, Article III, Section 100- 30 C and 100-32 for permission to erect free standing accessory structare over 35 feet in height. Location of property: Lots 1, 2, 3, Map Kennewoed, W-S Keuney's Road, Seuthold, New York.~,~l 8:30 P.M. (E.S.T.) upon ap- plicatinn of Suzanne S. Coleman, Montauk Avenue, Fishers Island, New York for a variance in ac- cordanea with the Zoning Or- dinance, Article III, 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 proper~y: 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. 8:45 P.M. (~ S.T.) upon ap- plication of ' nas A. Duffey, President, T.~,.D. Auto Sales[ Main Road, Cutchogue, New York for a variance in ac- cordance 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- cbegue, New York, boanded 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 ap- plication of Bouton Services, Inc., Crescent & Fox Avenues, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Balk Schedule for permission to divide lot with existing buildings. Location of property: Crescent Avenue, Fishers Island, New York, bounded on the north by Figail, east by Zobshonski; south by Crescent Avenue; west by P. & S. Edwards. Any person desiring to be heard on the above appeals shoald appear at the time and place above specified. Dated: December 6, 1974 BY ORDER OF THE sOUrHOLD TOWN BOARD OF APPEALS .~OUNTY OF SUFFOLK, STATE OF NEW YORK. ;' ss: ....... ~:i~..~'~;..C.,..D.q.rp~ .n ............ being duly Swot s~s that . .~e... is Printer and Publisher of ~e SUFFOL WEEKLY TIMES, a news~per pub~sh~ ~ Gr~nport, in sa county: and ~at the noti~, of which ~e ~e~ is a print: ~py, ~s ~en published in ~he ~d Suf~lk Week~ Tim once in each w~k, f~ .... 0~. (L) .............. w~ ~elve suc~ssively commencing on ~e ........................ day of ..... ~C~ ....... 19..~ Sw~ to ~f~e me this .~ ...... ~ ~o~o ~Av;~c~ 7~h ................... ~y CQmm~ss FOII~][ NO. 3 , TOWN OF SOUTHOLD BUILDING D~EPARTMENT TOWN CLE~.K'S O.FFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ............. ~ ...... ..~......~... ............ , 19-~.....C( ..... ~'i~~ ...... ........... ~,~ ..1~.~o~ ............................................ ~o~ ../,.~..~. ............................... -rc~':;'~ ~er~'~th ~ disopproved on ~he ~ollow~ng grounds .... ~ ...... ~ ........... ~.~~.....~..~.~..~~ .......... ~ ~,....~ ~...~.~ ~.:.~.~..~. ...~..~ ~.~- ...... ~..~ ............................................. Building Inspector~ TOWN OF SOUTHOLD, NEW YORK Dr- APPEAL FROM DECISION OF BUILDING INS, ~CTOR APPEAL NO. // TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. .............................. Name of Appgil;~ ...................... Street and Number ..................... ...................................... .......... .EREBY APPEAL Municipality ~tate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .........Z~:z~./.......m._~,..,.~ ~ ............ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~ ':'; :: z ~ .~ ~.. Y. ........................... ZT~ ~ ' ~'. ~ .... Street Map No. Lot No. Use District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by Dumber. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (~L_ 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. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~) (has not) been made with respect to this decision of 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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~" ~.~/~'/-/ 7z~ ~,/Zc~c,7~ ,~ ~-~" ~¢,~/ /-~'/e, Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaJ difficulties or unneces- sary HARDSHIP because ,;, ,~z"~' 7z~e &.,-/.~/' ~ ~ ~ ~ ~ 2. The hardship created is UNIQUE and is not shared by ail properties alike Jn the immediate vicinity of this property and in this use district because .,,¢2/~ ~,,.~ C~,~,~c%¢,~z,~,~,/~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~¢/~'~__. ,~.~c~ /~,,~cc~...c. /z~,c.,z-/'.,~-/~'.,c~,~..z~, ,/L',, ~ ~ ~ ss ~...,,:~..~ ...... .'..:.......././...~¥~~,,,, Sworn to this ~ day of ............ ..~Z'./.~/'~..rz~r/~._~, ...... 19 7~z' Notary Public 3UD[TH T. BoKE~ No~cry~2.52.0344'263Public' St'~c,,f~' Coun~/~