HomeMy WebLinkAbout1720
TO~VN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
DATE~ h......].j., 1973
Decisio~,: ~la~ch~ ~
Appeal No. 1720 Dated January 30, 1973
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To
Jack Driscoll
North 0ak~ood Drive
Laurel, New York
Appellant
at a mcetinl[ of the Zoning Board of Appeals on He ar i ng: 2/1%/73
De
i
i
was considered and the action indicated below was taken on your C S on: 3/8/73
(~) 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 Ordihance
)
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 and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because [~-5 P.}~. (~*'~-~.)~ upon application of Jack Driscoll,
North 0ak~ood Drive, Laurel, New York, for a variance in accordance
with Town Law, Section 280A, for approval of access.' Location of
property: Right of Way, north side o£ Henryts Lane, Peconic, New
York, bounded north by E. Axien; east by Private Road and Peconic
Shores Subdivision; south by Garido and others; west by Right of Way
and Waimey. 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
~EE REVERSE
practical difficulties or
(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.
FORM ZB4
~EE REVERSE
After investigation and inspection the Board finds that
applicant requests approval of access on property located at
Right of Way, north side of Henryts Lane, Peconic, New York.
The Board finds that applicant owns a lot consisting of
46,373 sq. ft. in area on existing private road off north end
of Henryts Lane, Peeonic, New York, on which he wishes to build
a one family dwelling for his own use. The Board agrees to
grant temporary access to the property subject to conditions.
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 chauge the
character of the neighborhood, and will'obserVe the spirit of
the Ordinance.
THEREFORE IT WAS RESOLVED Jack Drlscoll, North Oakwood Drive,
Laurel, New York, be GRANTED temporary approval of access over
existing right of way from Henryts Lane over property of Four Sails
Realty, Inc., a distance of 1,000 feet or more to property of
Jack Drlscoll, northeast of Four Sails Realty, Inc., subject to
the following conditions:
That such right of access shall cease when property' of
Four Sails Realty, Inc. is subdivided and new access to
this property is approved by the Planning Board.
That access must be subject to the approval of the
Building Inspector so that there is at least 16 feet
of unimpeded access with a solid base, which eau be
accomplished by the addition of bank run fill.
me
That this access road may not be construed as being the
rlght of way for any other residential properties or any
future property development of Four Sails Realty, Inc.
Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse.
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 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 February 15, 1973,
on the following appeals:
7:30 P.M. (E.S.T.), upon application of Village Marine of
Mattituck, Inc., Bay Avenue, Mattituck, New York, for a special
exception in accordance with the Zoning Ordinance Article VI,
Section 600 C-3(c) and Article XI, Section 1100 for permisslon
to erect an additional sign (third sign). Location of property:
east side Bay Avenue, Mattituck, bounded north by L. Hoder et al;
east by Private Road; south by James Creek; west by Bay Avenue.
7:45 P.M. (E.S.T.), upon application of The Great Atlantic &
Pacific Tea Co., 650 Stewart Avenue, Garden City, New York, for
a special exception in accordance with the Zoning Ordinance,
Article VI, Section 600 C-3(a) for permission to erect oversize
ground sign. Location of property: north side of Main Road,
Mattituck, bounded north by Bethany Cemetery; east by Bethany
Cemetery; south by Main Road; west by Ardprop Inc. and Factory ~
Avenue.
8:00 P.M.,(E.S.T.), upon application of George Bird, Luptons
Point Road, Mattituck, New York, for a special exception in
accordance with the Zoning Ordinance Article III, Section 300 B-14
for permission to cOnduct an auction sale on property of Vincent
Bialeski. Location of proper~y: south side of Oregon Road,
Legal NOtice
Page 3
Town Law, Section 280A for approval of access. Location of
property: Right of Way, north side of Henry's Lane, Peconic,
bounded north by E. Axien; east bY Private Road & Peconic Shores
Subdivision; south by Garido and others; west by Right of Way
and waimey.
9:00 P.M. (E.S.T), upon application of Stanley J. Waimey,
Orchard Street, New Suffolk, New York, for a variance in
accordance with the Town Law, Section 280A, for approval of
access. Location of property: north side Henry's Lane, Peconic,
bounded north by Axien; east by Right of Way and Driscoll; south
by Four Sails Realty Corp.; west by C.P.F. Land Corp.
9:15 P.M. (E.S.T.)., upon application of John Christie, 320
Front Street, Greenport, New York, for a variance in accordance
with the Zoning Ordinance, Article XII, Section 1204 and Bulk
Schedule for permission to add and improve existing non-conforming
buildings to make a total of five dwelling units of existing
non-conforming camp buildings. Location of property: east side
of Bray Avenue, Laurel, bounded north by E. Klett; east by Weil~.
Road; south by Wells Road; west by Bray Avenue.
9:30 P.M. (E.S.T.), upon application of George Kaytis, Main
Road, Laurel, New York, for a variance in accordance with the
Zoning Ordinance, Article III, Section 301, for permission to set
off lot with less than minimum width. Location ~f property:
east side of Robinson Road (off Right of Way); bounded north by
Boyd; east by Pe¢onic Bay; south by Neefus; west by Right of Way
and Neefus.
Legal Notice
Page 2
Mattituck, bounded north by Oregon Road; east by J. Zuhoski et al;
south by L. Tuthill; west by Eii~ahs Lane.
8:05 P.M. (E.S.T.), upon application of George Bird, Luptons
Point Road, Mattituck, New York, for a special exception in
accordance with the Znning Ordinance, Article III, .Section 300 B-I
for permission to conduct an auction sale on property of Edward
Charnews. Location of property: south side of Main Road, Peconic
bounded north-by Main Road; east by P. Wenzel; south by Leslie
Road; west by A. Krupski and wife.
8:15 P.M. (E.S.T.), upon application of Edward Pellettieri,
1438-143 Street, Whitestone, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 303
and Bulk Schedule, for permission to reduce required setback of
house. Location of Property: Budd Pond Road, Southold. Lot 916,
Map of~Willow Point, Southoid, New York
8:30 P.M. (E.S.T.)i, upon application of Warren and Dolores
Ritzer, 71 Nadel Drive, Riverhead, New York, for a variance in
accordance with the Zoning Ordinance, Article VII, Section 701
and Bulk Schedule for permission to use existing building with
insufficient setback for business purposes. Location of property:
north side of Main Road, Laurel, bounded north by J. O'Connell;
east by Ji O'Connell; south by Main Road; west by Mattituck
Holding Corp.
8:45 P.M. (E.S.T.), upon application of Jack Driscoll, North
Oakwood Drive, Laurel, New York, for variance in accordance with
Legal Notice
Page 4
9:45 P.M. (E.S.T.), upon application of Xenophon Damianos,
Main Street, Stony Brook, New York, for a variance in accordance
with the Zoning Ordinance Article X, Section 1008; Article XII,
Section 1204, for permission to amend Board of Appeal decision
on Appeal ~1394, in regard to lay out and design of buildings for
proposed renovation of Greenport Homes. Location of property:
South side of Main Road (Route 25) and west side of Ninth Street,
Greenport, Map of Greenport Homes.
Any person desiring to be heard on the above applications
should appear attthe time and place specified.
Dated: February 2, 1973
BY ORDER OF THE SOUTHOLD TOWN
· BOARD OF APPEALS
PLEASE PUBLISH ONCE, FEBRUARY 8, 1973, AND FORWARD ELEVEN (11)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on February 2, 1973:
The Long Island Traveier-Mattituck Watchman
The Suffolk Weekly Times
William J. Clark, Esq., arty for Village Marine of Mattitu¢~
The Great Atlantic & Pacific Tea Co.
Mr. George Bird
Eastwood Builders a/c Edward Peiiettieri
Mr. and Mrs. Warren Ritzer
Mr. Jack Driscoll
Mr. Stanley J. Waimey
Mr. John Christie
Raffe & Raffe, Esq., attys for George Kaytis
Dranitzke, Lechtr~cker & Lechtrecker, Esqs., attys for
Damianos
NOTICE OF HEARINGS
Pursdant to Section 267 of the
Town Law and provisions of the
Amended Buildihg Zone Ordi-
nance of the Town of Southold,
Suffolk County, NeW York, public
hearings will be held by the Zon-
ing Board of Appeals of the Town
of Southold, at the Town Office,
Main Road, Southold, New York,
on February 15. 1973, on the fol-
lowing appeals:
7;30 P. M. (EST), upon appli-
cation of Village Marine of Mat-
tituck. Inc.. Bay Avenue, Matti£
tuck, New York,,, for a special
exception in acc6~dance w/th the
Zoning Ordinance Article VI,
Section 600 C-3(c) and Article
XI. Section 1100 for permission
to erect an additional sign (third
sign). Location of property: east
s/de Bay Avenue, Mat£ituck,
bounded north by L. Healer et al;
east by Private Road; south by
Jame:, Creek; west by Bay Ave-
hue.
7:45 P. M. (EST), upon appli-
cation of The Great Atlantic &
Pacific Tea Co., 650 Stewart Ave-
nue. Garden City~ New York, for
a special exception in accordance
with the Zoning Ordinance, Ar-
ticle VI. Section g00 ¢-3(a) for
permission to erect oversize
ground sign. Location of prop-
erty: north side of Main Road.
Mattituck, bounded north by
Bethany Cemeteiy; cast by
Bethany Cemetery; south by
Main Road; west by Ardprop.
Inc. and Factory Avenue.
8:00 P. M. (EST), upon appli-
cation of George Bird, Luptor/s
Point Road, Mattituck, New York,
for a special exception in accord-
ance with the Zoning Ordinance
Article III, Section 300 B-14 for
permission to conduct an auction
sale on property of Vincent
Biale~ki. Location of property:
south side of Oregon Road.
Mattituck, bounded north by
Oregon Road; east by J. Zuboskl
et al; south by L. Tuthlll; west
by Elijahs Lane.
8:05 P. 1~. (EST), upon appli-
cation of George Bird, Luptons
Point Road, Mattituck, New York,
for a special exception in accord-
ance with the Zoning Ordinance,
Article III, Section 300 B-14 for
permission to conduct an auction
sale on property of Edward
Charnews. Location of property:
south side of Main Road, Peconic
bounded north by Main Road;
east by P. Wenzel; south by Les-
lie Road; west by A. Kru[/ski and
wife.
8:15 P. M. (EST). upon apph-
cation of Edward Pellettieri, 1438-
143 Street, Whitestone, New York,
for a variance in accordance with
~he Zoning Ordinance, Article III,
S~Gtion 39:~ ~nd~: Bull/~ Sct/edule~
for~ pe£misiton Ed reduce required
setback of -hdu~. · ~ocat/on O~
property: Budd Pond Road.
Southold. Lot No. 16, Map of Wil-
low Point, Southold, New York.
8:30 P. M. (EST), upon appli-
cation of Warren and Do]ores
Ritzer, 71 NadeI Drive, Riverhead,
New York, for a variance in ac-
cordance with the Zoning Ordi-
nance, Article VII, Section 701
and Bulk Schedule 'for permis-
sion to use existing building with
insufficient setback for business
purposes. Location of property:
north side, of Main Road, Laurel,
hounded north by J. O'Connell;
east br J. O'ConneIl: souLh 0y
Main Road; west by
Holding Corp.
8:45 P. M. (EST), upon aopli-
cation of Jack Driscoll. North
Oakwood Drive, Laurel,
York, for variance in
with Town Law. Section 280A for
approval of access. Loca~idn of
property: Right of Way. north
side of Henry's Lane. Peconic,
bo~lnded north by E. Axienl east
by Private Road & Peccnic
Shores Subdivision; south by
Garido and others; west by Right
of Way and Waimey.
9:00 P. M. (EST), upon appli-
cation of Stanley J. Waimey.
Orchard Street, New Suffolk,
New York. for a variance in ac-
cordance with the Town Law.
Section 280A, for approval of
access. Location of proper~y:
north side of Henry's Lane, Pc-
conic, bounded north by Axien;
east by Right of Way and Dris-
call; south by Four Sails Realty
XlI. Section 1204, for permis-
sion to amend Board of Appeal
decision on Appeal No. 1394, in
regard to lay out and design of
buildings for proposed renovation
of Oreenpert Homes. Location of
property: South side of Main
Road (Route 25) and west side
of Ninth Street, Greenport, Map
of Oreenport Homes.
Any person desiring to be heard
on the above applications should
appear at the time and place
specified.
Dated: February 2, 1973
BY ORDER OF THE
SS:
'h, Jr., being duly sworn, soys
cf THE LONG ISLAND
WATCHMAN, a public news-
in Suffolk County; and that
SOUTHOLD TOWN
BOARD OF APPEALS .~xed is a printed copy, has been
1T--2-8 md Traveler-Mattituck Watch-
once each wee for ..... wee
successively, commencing on the ................. ~...~ ...........
day of ............ ...~.~......~.., ?~,.~.~...
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 Seuthold, at the Town
Office, Main Road, Seuthold,
New York, on February 15, 1973,
on the following appeals:
7:30 P.M. (E.S.T.), upon ap-
plicution of Village Marine of
Mattituck, Inc, Bey Avenue,
Mattituck, New York, for a
special exception in accordance
with the Zoning Ordinance Ar-
ticle VI, Section 600 C-3(c) and
Article XI, Section 1100 for
permission to erect an additional
sign (third sign)· Location of
property: east side Bay Avenue,
Mattituck, bounded north by L.
Heder et al; east by Private
Road; south by James CYeeR;
west by Bay Avenue·
7:45 P.M. (E.S.T.), upon ap-
plication of The Great Atlantic &
Pacific Tea Co., 650 Stewart
Avenue, Garden City, New York,
for a special exception in. ac-
cordance with the Zoning Or-
dinance, Article VI, Section 600 C-
3(a) for permission to erect
oversize ground sign. Location of
property: north side of Main
Road, Mattituck, bounded north
by Bethany Cemetery; east by
Bethany Cemetery; south by
Main Road; west by Ardprop Inc.
and Factory Avenue.
~:oo P.M. (E.S.T.), upon ap-
plication of George Bird, Luptens
Point Road, Mattituck, New
York, for a special exception in
accordance with the Zoning
Ordinance Article III, Section 300
B-14 for Permission to conduct an
auction sale on property of
Vincent Bialeski. Location of
property: south side of Oregon
Road, Mattitank, bounded north
by Oregon Road; east by J.
Zuhoski et al; south by L. Tuthill;
west by Eli jabs Lane.
8:05 P.M. (E.S.T.), upon ap-
plieation of George Bird, Luptons
Point Road, Mattituck, New
York, for a special exception in
accordance with the Zoning
Ordinance, Article III, Section
~ B-14 for permission to conduct
an auction sale on property of
Edward Charnews. Loeatiun of
property: south side of Main
Road, Peconie, bounded north by
Main Road; east by P. Wenzel;
south by Leslie Road; west by A.
KruPski and wife.
8:15 P.M. (E.S.T.), upon ap.
plieution of Edward Pellettieri,
1438--143 Street, Whitestone,
New York, for a variance in
· accordance with the Zoning,,
Qrdinanee, Article III, S~tion ~
303 and Bulk Schedule, f6r per-
mission to reduce required i
setback of house. Location of
property: Budd Pond Road, ~o
Scuthold. Lot No. 16, Map of !
Willow Point, Seuthold, New
York.
8:30 P.M. (E.S.T.), upon ap-
plicatiun of Warren and Dolores
I'
Ritzer, 71 Nadel Drive,: f!le
Riverhead, New York, for a
variance in accordance with the ~
Zoning Ordinanea, Article VII, no
Scetion 701 and Bulk Schedule for ,
permission to use existing
building with insufficient setback
for business purposes. Locution
of property: north side of Main :
Road, Laurel, bounded north by 0~
J. O'Connell; east by J. 0'Con-
nell; south by Main Road; west ~,
by Mattituck Holding Corp. ~
8:45 P.M. (E.S.T.), upon ap.
plieation of Jack Driseull, North
Oakwood Drive, Laurel, New
York, for variance in accordance
with Town Law, Section 280A for
approval of access. Location ol
property: Right of Way, north
side of Henry's Lane, Peconic,
bounded north by E. Axien; east
by Private Road & Peconic
Shores Subdivision; south by
Garido and others; west of Right
'of Way and Waimey.
9:00 P·M. (E.S.T.), upon ap-
plication of Stanley J. Waimey,
Orchard Street, New Suffolk,
New York, for a variance in
accordance with the Town Law,
Section 2a0A, for approval of ';
access. Location of property:
north side Henry's Lane,
Peconic, bounded north by
COUNTY OF SUFFOLI~
STATE OF NEW YORK, ~ ss:
Stuart C. Dorman
................. being duly Sworn,
says that .. h~... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper pubtished ut Greenport, in said
county~ and that the notice, of which the annexed is a printed
copy. has been published in the said Suffolk Weekly Times
once in each week. for one
successively COmmencing on the eighth
day of - ....
.... :'- :.' 12
S~orn to.~J~ f me this . .~. .......
day of .... ;.6. ,. ;/ ..... , ....... 19../.~: J /
·. .... ~ ......... ,.. ......... :~ ./,~, .....
~c~:~p~L L.~F~'~.*.~:~;~.~D. j~... .
FOI~M NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD~ N. Y.
NOTICE OF DISAPPROVAL
Fille No ................................................................... Date ~..~5........~.....~. ......... '" ~
.............. ~9.../...e
,o ..... ................
PLEASE TAKE NOTICE that your application dated ............................ :....: ................... , 19.~.
for permtt to construct .~;~.~5;[-r~E~;~.4 ....... ~t the premises }oc~ted =t ..... ~.5(./....?~:5L : . ~[~.
..,~-:..~ ...... /~.,;,c.+.~/.....~..f~. Street ~: ~. ~~ // /
...~~-:~ ............ ~..~ ....... ~..~,..~ ............. ~ :,~ ........ ~,..?:::~;~. ...............................
/
Buil.ding Inspector
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION' OF BUll,DING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. J ~)~' ~
DATE ........................... ~..
Nome of Appellant Street and Number
................ ~..~.~?..i...~ ................................................................. .~!.,..¥.~ .............. HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OP APPEALS FROM THE DEC~S~O, Or THE BU~LD¢C ~'~PECTOR ON
/~-
..................................... .......... ..............
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Name of Applicant for permit
of
...... ~..o..,.....o.~:.o..o..~..~.,.., ............. ~m~r.~! ................... ~.,.?...,. .............................
Street and Number Muniqipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1 LOCATION OF THE PROPERTY
Street Use District on Zoning Mop
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Porag.raph of the Zoning Ordinance by number. Do not quote the Ordinance.)
~8~ %~:? Sea,, 280 ~
-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 Low Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4 PREVIOUS APPEAL A previous appeal ;;J~;~j~(hos 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 mode in Appeal No ................................. Doted ......................................................................
REASON FOR APPEAL
~) A Variance to Section 280A Subsection 3
) A Variance to the Zoning Ordinance
)
,s requested for the reason that i
~ore ~d ~ish ~o build a one-f~-~ii~- dwelliD~ ~ it for ~$ ~ use,
]?orm
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practica~ difficulties or unneces-
sary HARDSHIP because
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
3. The Voriance wouid observe the spirit of the Ordinonce and WOULD NOT CHANGE THE
CHAraCTER OF THE DISTR~CT because
ST^T OF NEWpO !¢
Sworn to this ............... ..~.~,,~(.....1..~,. .............
DIETZGEN 135 11846
UNAUTHORIZED ALTERATION OR ADDITION
'fO tHiS SURVEY IS A VIOLATION OF
~C¥ION 7209 OF THE NEW YORK STAT~
~J)UJ~ATION LAW.
~J~ OF THIS SURVEY MAP NOT 8EARING
TH~ ~AND 8UKVEYO~'S INK[D SEAL OR
~ ~[~L SHALL NOT BE CONSIDERED
NOTE ~
· = MONUMENT FOUNO
REVISIONS
YOUNG & Y(
400 OSTRANDER AVENUE, RIVERF
ALDEN W. YOUNG
SURVEY FOR:
JACK DRISCOLL
AT
PECONIC
TOWN OF
GUARANTEED
su oux co., N.Y.
:SCALE: 1" = 50' IDATE:DEC. 2?,Ig?2 giof'72-~79 B