Loading...
HomeMy WebLinkAbout1776 TOWN OF 80UTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1776 Dated I~y 10, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF $OUTHO~D To Joh~ & l~crio Hughes, Jr. 2~ Cls&rbrook Drive S~thto~, New York Appelant at a meeting of the Zoning Board of Appeals on l~ty 2la, 1~)73 was considered and the action indicated below was' taken on your ( ) Request for variance due tx) lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. ~PECIAL EXCEI~ION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be de,ed pursuant te ~tkle .................... Sect~n .................... Subsect~n .................... paragra~ .................... ~ the ~ni~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be co~med became 88~0 P.M. (E.S.T.), upon.&pplioation of John euad Mm~io Hu~hss, ~r., 2~ Cleatrbreok Drive, ~mithtown, New York, for a variance in accordance with th· Zonix~0rdimce, Article III, Section 301, and the Bulk Schedule, for permission to construct dwelling on Lot ~69,~N~p of Cleaves Point, Section III, not on approved list under Article XVII,'Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordi~a-ce. Location of property~ Lot ~69, Hap of Cleaves Point, Section Ill. Fee paid $1}.00. 2. VARIANCE. By resolution of the Board ~_t was detgrmined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (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 var~nce (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SERREVRRSE 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~ ~O9~j~ ¥ Mar Jori6 McDermott, Secretary After investigation and inspection the I~ard linde that applicant requests per~eeion to construct dwelling on Lot Map ef Cleaves Point, Section III. The findings of the Board are that the Highw~yDepartment verbally approves the improve- ment ef the roads in this eubdivieion~ approximtely one half of the lots have been sold out of the ~u~divieion~ in the interim between the purchase of thio lot and the present day, there has been an upgrading of the Ordinance to ~0,000 sq. ft., which does not affect subdivisions which have been approved by the Plannin~ Board prior to December 2, 1971. For these reasons the Board agrees with the reasoning of the applicant. The Board finds t~mt strict application of tho Ordinance wo~ld produce practical difficulties or uxmecessaryh~dship~ the hardship crea~ed is u~ique.~'w~u~d nOt'be s~ed By all properties alike in the i~ediate vicinityef this'pr~perty ~ in the s~e use d~stric~ ~d the vari~ce ~11 not cha~e the c~racter ef the neighborhood, ~d ~11 obse~e the spirit of the Ordimce. 'THERE~0RE IT WAS RESOLVED, John and Marie HUghee', Jr., 2~ Clearbrook Drive, Smithtown, New York, be GRANTED'per~ission to construct dwelling on Lot ~69, Map of Cleaves Point, Section III, aa applied for. Vote of the Board, Ayem~- Meeere, Gillispie, Bergen, Hulae, Grigonie. Notice of Hearings Pursuant to Section 267 of the Town.Law and the provisions of the ~ended 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 , Main Road, Southold, New York, on May 24, 1973, on the following appeals: 7:45 P.M. (E.D.S.T.), upon application of Richard F. Mullen, Jr., 1835 Mill Creek Drive West, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area. Location of property: west side Hobart Road and north side Korn Road, Southold, bounded north by Main Road; east by Hobart Road; south by Korn Road; and west by Mullen, Aksten, Zebroski, North Fork Bank & Trust Co., Turton and Albers. 8:00 P.M. (E.D.S.T.), upon application of Richard F. Mullen, Jr., 1835 Mill Creek Drive West, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article VII, Section 700 B, Subsection 4, for permission expand a new and used car lot. Location of property: south side Main Road, east side Hobart Road, Southold, bounded north by Main Road; east by M~lien others; south by Mullen; west by Hobart Road. 8:15 P.M. (E.D.SoT.), upon application of Lorraine W. Drury, L38-71st Street, Apt. D-7, Brooklyn, New York, for a variance in ~ccordance with the Zoning Ordinance, Article III, Section 301 and ~he Bulk Schedule, for permission to divide lots with less than u±red area. Location of property: Lots 22 and 23, Map of Estates, Mattituck, New York. Legal Notice Page 2 8:30 P.M. (E.D.S.T.), upon application of John and Marie Hughes, Jr., 24 Clearbrook Drive, Smithtown, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and the Bulk Schedule, for perraission to construct dwelling on lot $69, Map of Cleaves Point, Section III, not on approved list under Article XViI, Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordinance. Location of property: Lot $69, Map of Cleaves Point, Section III. 8:45 P.M. (E.D.S.T.), upon application of John and Marie Ball 51 East 73rd Street, New York City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and the Bulk Schedule, for permission to construct dwelling on lot $74, Map of Cleaves Point, Section III, not on approved list under Article XVII~ Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordinance. Location of property: Lot #74, Map of Cleaves Point, Section III. 9:05 P.M. (E.D.S.T.), upon application of Joseph P. Dunne, ?ine Neck Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-14, for permission to conduct a yard sale on June 30, 1973; rain date July 1, 1973. Location of property: north side Pine Neck Road, Southold, bounded north by Mullen; east by Founders Homes;south by Pine Neck Road; west by Ced. 9:10 P.M. (E.D.S.T.), upon application of St. John's Lutheran Church, Hioksville Road and Gail Drive, North Massapequa, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-2 and B-4, for permission Legal Page Notice to (1) have Mission Church; (2) have residence for director of mission church and his family; (3) have retreat center for members of church; and (4) have foster care of children by director and wife on emergency basis. Location of property: north side Sound View Avenue,:~Southold, bounded north by Great Pond; east by D. Currie; south by Sound View Avenue; west by T. Martin, A. ~arti~ Ranieri and others. 9:30 P.M. (E.D.S.T.), upon application of Cutchogue Methodist Church, Main Road, Cutchogue, New York, for a special exception · n accordance with the Zoning ordinance, Article III, Section 300, Subsection B-14, for permission to have yard sale on June 2, 1973. Location of property: north side Main Road, Cutchogue, New Yor~, bounded north and east by Pawluczyk; south by Main Road; west by Cemetery. 9:35 P.M. (E.D.S.T.), upon application of Arlene Dittmann, {orton Road, Mattituck, New York, for ~ special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to have yard sale on June 9, 1973; rain date June 16, 1973. Location of property: north side Horton Road, Mattituck, bounded north by W. Dittmann, east by right of way and others; south by Horton Road; west by P. Meschino. 9:40 P.M. (E.D.S.T.), upon application of Ernest and Stelia Radford, Main Road, East Marion, New York, for a special exception · n accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to have a garage sale on July 7, 1973; rain date July 8, 1973. Location of property: south side Main Road, East Marion, bounded north by Main Road; east by K. Gardiner; south by G. Smith and others; west by W. Brooks Est. Legal Notice Page 4 9:50 P.M. (E.D.S.T.), upon application of Mr. and Mrs. John McAlonan, Stillwater Avenue, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B -14, for permission to conduct yard sale on May 26, 1973; raln date June 2, 1973. Location of property: east side Stillwater Avenue, Cutchogue, Lots $2 and one half of ~3, map of M. S. Hand, Cutcho~ue, N.Y. 9:55 P.M. (E.D.S.T.), upon application of Cutchogue-New ~uffolk Historical Council, Main Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article iii, Section 300, Subsection B-14, for permission to have Outdoor Antiques Flea Market on July 7, 1973. Location of property of Cutchogue Independent Congregation Society, property: /south side Main Road, Cutchogue, bounded north by Main Road; east Case Lane; south by S. Salter and others; and west by Presbyterian Parsonage. 10:00 P.M. (E.D.S.T.), upon application of Muriel H. Schwab, Post O~fice Box $76, Nassau Point Road, Cutchogue, New York, for a special exception ~n accordance with the Zoning Ordinance, Articl III, Section 300, S~bsection B-14, for permission to conduct garage sale on May 26, 1973; rain date May 27, 1973. Location of property: north side Nassau Point Road, Cutchogue, New York, hot $86, Map of Nassau Point Properties. 10:05 P.M. 9475 Main Road, East Marion, for a special exception with the Zoning Ordinance, Article III, Section 300, for permission to conduct yard sale on May 28, 1973. of property: north side Main Road, East Marion, New York, bounded north by R. Long; east by S. Moratis; south by Main Road; west by J. Jetter Est. (E.D.S.T.), upon application of Stanley Poote, in accordance Subsection B-1 Location Legal Notice Page 5 10:10 P.M. (E.D.S.T.), upon application of East Marion Baptist Church, Main Road, East Marion, New York, for a special exception an accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to conduct food sale and sale of quilts, etc., on July 7, 1973, on property of Mrs. Robert Amott. Location of property: north side Main Road, East Marion, bounded north by Dzenkowski; east by East Marion Post Office; south by Main Road; wesu by O. Angell. In case of rain to be held at East Marion Fire Hall. Location: north side Main Road, East Marion, bounded north by Dzenkowski; east by Dzenkowski~.; south by Main Road; west by East Marion Post Office. 10:15 ~.M. (E.D.S.T.), upon application of Carol and John Plock, Jr., North Bayvlew Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to conduct yard sale on June 9, 1973; rain date June 10, 1973. Location of property: Private Road off North side North Bayview Road, Southold, New York. 10:20 P.M. (E.D.S.T.), upon application of Alma E. Pulese, Oak Drive, Raydon Shores, Southold, New York, for a special exception in ac¢odanae with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to conduct garage sale on May 28, 1973; rain date June 2, 1973. Location of property north side West Shore Drive, west side Oak Drive, Lots 1 and 2, ~nd part of 3~ Section B, Map of Reydon Shores. Legal Notice Page 6 10:25 P.M. (E.D.S.T.), upon application of Judie Lizewski, Main Road, Cutchogue, New York, a/c Cutchogue Cartwheels and Cutchogue Golden Girls 4-H, for a special exception in accordanoe with the Zoning Ordinance, Article III, Section 300, Subsection B-14, for permission to have a yard sale on May 26, 1973; rain dat~ May 28, 1973. Location of property: north side Main Road, east side Depot Lane, Cutchogue, bounded north by K. Bialecki; east by K. Bialecki; south by Main Road; west by Depot Lane. 10:30 P.M. (E.D.S.T.), upon application of Henry Santacroce, 870 Richmond Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide property with less than required area. Location of property: west side Richmond Road, Southold, bounded north by Gary Winters.; east by Richmond Road; south by Mill Creek Drive; west by Cassidy and others. Dated May ~1, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUELISH ONCE, M~M 17, 1973, AND FORWARD NINETEEN i(19) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YG~. Copies mailed to the following on May 11, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Dickinson & Nickles, Inc. a/c Richard F. Mullen Lorraine W. Drury John and Marie Hughes, Jr. John and Marie Ball Joseph P. Du~ne St. John's Lutheran Church Cutchogue Methodist Church Arlene Dittmann Ernest and Stella Radford Mr. and Mrs. Jo~n McAlonan Cutcho~me-New Suffolk Historical Council Muriel H. Schwab Stanley Poole 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 May 24, 1973, on the following appeals: 7:45 P.M. (E.D.S.T.), upon application of Richard F. Mullon, Jr., In Mill Creek Drive West, Southold, New York, for a variance in accesdance with the Zoning Ordinance, Article III, Section 301 and the BulkSchedule for permission to divide property with less than required area. Location of property: west side Hobart Road and north side Korn Road, Southold, bounded north by Main Road; east by Hobart Road; south by Korn Road; and west by Mullen, Aksten, Zebroski, North Fork Bank & Trust Co., Turton and Albers. 8:00 P.M. (E.D.S.T.), upon application of Richard F. Mullon, ,Ir., 1835 Mill Creek Drive West, Southeld, New York, for a special exception in accordance with the Zoning Ordinance, Article VII, Section 700 B, Subsection 4, for permission expand a new and used ear lot. Location of property: south side Main Road, east side Hobart Road, Southold bounded north by Main Road; east by Muilon and others; south by Muilen; west by Hobart Boad. 8:15 P.M. (E.D.S.T.), upon apphcatiun of Lorraine W. Drury, 138-71st Street, Apt. D-7, Brooklyn, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area. Location of property: Lots 22 and 23, Map of Mattituck Estates, Mattituek, New York. i8:30 P.M. (E.D.S.T.), upon application of ,Iohn and Marie Hughes, ,Ir., 24 Clearbrook Drive, Smitbtown, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and the Bulk Schedule, for permission to construct dwelling on lot No. 69, Map of Cleaves Point, Section III, not on approved list under Article XVII, Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordinance. Location of property: LOt No. 69, Map of Cleaves Point, Section IlL 8:45 P.M. (E.D.S.T.), upon application of ,Iohn and Marie Ball, 51 East 73rd Street, New York City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and the °-~'alk Schedule, Ior permission to construct dwelling on lot No. 74, Map of Cleaves Point, Section III, not on approved list under Article XVII, Section 1702 of pr~sant Zoning Ordinance or Article X, Section 1013 of old Ordinance. Location of property: LOt No. 74, Map of Cleaves Point, Section III. COUNTY OF SUFFOLK, STATE OF NEW YORK, } ss: ........ .S}.~.~.r.}.~.: .p.o?.~?n. ............. being duly Sworn, says that . .h..e... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in sold county; and ~hat the notice, of which the annexed is a printed copy, has been published in the said Suffolk WeekI~ Times once in each week, f~r ........ .o.n.e ................ weeks successively commencing on the .... s.e.v..e?.t???.t.h. .......... day Of Sworn to before me this .... ~../ .... .Y..',~.., ~../~ ..... ,~' E.:....,:. ,,ci~:;.E .f.O; .;,,'.EiLD ...... /NO,A.Y ¢'.~3 ;3 iF NE¥i YORK My Commiss[oa Expir,s March 3g, 19 ~rooar~ ~cr'~ { ~h 'side Korn Road, Southoid, bounded north by Main Road; east by Hobart Road; 'south by Korn Road; and west by Mullen, Ak- ston, Zebroski, North Fork Bank & 'Crust Co.. Turton and Albers. 8:00 P. M. IEDSTL upon ap- plloation of Richard F. Mullen, Jr., 1835 Mill Creek Drive West, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Ar- ticle VII, Section 700 B, Subsec- t.ton 4, for permission to expand a new and used car lot. Location of property: south side Main Road, east side Hobart Road, Southold, ~ounded north by Main Re,j; east by Mullen and others; sodth by Mullen: west by Hobart Road. 8:15 P. M. (EDST), upon ap- plication of Lorraine W. Drury, 138-71st Street, Apt. D-7, Brook- lyn, New York. for a variance in accordance with the Zoning Or- dinance, Article III. Section 301 and the Bulk Schedule, for per- mission to divide lots with le~s than required area. Location cf property: Lots 22 and 23. Map of Mettituck Estates, Mattituck. New York. 8:30 P. M. (EDST), upon ap- plication of John and Marie Hughes, Jr., 24 Clearbrook Dr{ye, Smithtown, New York, for a var- iance in accordance with the Zoning Ordinance, Article IlL Section 301, and the Bulk Sched- ule, for permission to construct dwelling on lot No. 69. Map of Cleaves Point, Section III, not on approved list under Article XVII. Section 1702 of present Zoning Ordinance or Article .~. Section 1013 of old Ordinance. Location of oroperty: LOt No. 69, Map of Cleave~ Point, Sec- 8:45 P. M. IEDST), upon ap- plication of John and Marie Bail, 51 East 73rd Street, New York City, New York, for a vari- ance in accordance with the Zon- ing Ordinance, Article III, Sec- tion 301, and the Bulk Schedule. for permission to construct dwelling on lot NO. 74, Map of Cleaves Point, Section III, not on spproved list under Article XVII, Section 1702 of pre. sent Zoning Ordinance or Article X. Section 1013 of old Ordinance. Location of Property: Lot NO. 74, Map of Cleaves Point, Section 9:05 P. M. (El)ST), upon ap- plication of Joseph P. Dunne, Pine Neck Road, Southold, New York, for a special exception in accordance with the Zoning Or- dinance, Article III, Section 300, B-14, for permission to conduct a yard sale on June 30, 1973; rain date July 1, 1973, Location of property: north side Pine Neck Road. Southold, bounded noi'th by Mullen; east by Founders Homes; south by Pine Neck Cutohogue, Lots NO. 2 and one half of NO. 3, map of M. S. Hand, Cutchogue, N. Y. · 9:55 P. M. (EI~ , upon ap- plication of Cutcho~ue-New Suf- folk Historical Council. Main Road, Cutcho~ue. New York, for a special exception in accordance with the Zoning Ordinance, Ar- ticle Ill. Section 300, ,Subsection B-14, for permission to have Outdoor Antiques Flea Markei on July 7. 1973. Location of prooerty of Cutchogue Independent Con- 0licatinn of Muriel H. Schwab, 10:05 P. M. (EDST). uoon au- b~ S. Moratis; south bv Main sale of quilts, etc. on Julv 7. 1973. Marion, bounded north bv Dzen- south by Main Road; wes~ by Plock, Jr., North Bayvisw Road, New York. COUNTY OF SUFFOLK ,[ ss: STATE OF NEW YORK / C. Whitney Booth, Jr., being duly sworn, say that he is the Editor, of THE LONG ISLAN~ TRAVELER - MATrlTUCK WATCHMAN, a public news paper printed at Southold, in Suffolk County; and thn the notice of which the annexed is a printed copy, has bee published in said Long Island Traveler-Mottituck Wotc~ man once each week for ...... ...~....~.~...~.. wee~ successively, commencing on the ............ ,/....~.........~... ...... of ........... ~ .~..., 1 ~..~.-~. Sworn to before me this ...... . .~..~.. ........ day TOWN OF SOUTHOLn BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTIGE OF DISAPPROVAL ~,!f~I~EA$'E T,KI~E NOTICE tha~ ¥ou~r ~pplication doted ........................ C.~.~....~., / Street · ~ '~' ~ ~~..~ .............. Lot ..... ~..~.,~ ................................. -...~.~.~.~.......~. ~ ....... ~...~,~..~.~..~.., ............. ~L.. ,.~..,... :.:.~,~..~,~.,.~ ......... ~...~.....~~.~...~ ..J .~. ,,~j~....~.... ~_~,~.~.,~..~.~.~.~ ~-~ ...... / Budding Inspector TOWN OF SOUTHOLD, NEW' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ' AP~'~,NO. / ?f6 D^TE ........... TO,HE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ...... ~/' ,~ No ' of App! a t Street and Number .............................................. ......... ,EREBY AP.EALTO Municipality ~43tate THE ZONING BOARD OF APPE,~LS FROM THE DECISION OF'THE BUILD,~G I.NSPECXOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO S~rO~ ~nd ~umbor Municipoli~ St*to ( /ERMIT TO USE ( ) PERMIT FOR OCCURANCY ( ) 1. ~OCATIO~ OF T~E ~ROP[R~ ........... ~ .............. Street Use District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinan, ce by number. Do not quote the Ordinance.) I. ~)~PEOF APPEAL Appeal is mode herewith for ~ A VARIANCE to the Zoning Ordina.nce or Zoning Map ~ ) A VARIANCE due to lack of access ~5tote of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL ~ previoqs appeal z,..~.~) (hds not) been made with respect to this decisior of~the BuiJ~iing Ir~spector or with respect to this property. Such appeal was ( ) reqg~est for a special permit ( ) request for a variance ona was maae in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ,~Vorionce to Section 280A Subsection 3 Variance to the Zoning Ordinance requited for the reason that ~ ~~.,~ ~ ~,~,~4~,~,~ ~ ~'~- (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie~ or unneces- 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 Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHA~CTER Or THE D STR'C~ because -- -~ ~__ / STATE OF NEW YORK ) COUNTY OF~'°"~O~x\~ ss Notary Public TERRI LEE ELA~ NOTARY PUBLIO. State o[ New York ~,~mmission Exp,~e, ;~arci~ 30. 1a.