The URL can be used to link to this page

Home My WebLink About1819 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1819 Dated July 27, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To James P. Kavanagh Main Road East ~arion, New York DATE..~..9, 1973 Appellant at a meeting of the Zoning Board of Appeals on August 9, was considered and 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 ( ) 1973 the appeal 1. SPECIAL EXCEPTION. By resol~ion ~ the Board it was determined that a ~ecial exception ( ) be granted ( ) be de~ed pursuant to Artirle .................... Section .................... Sub.cron .................... paragraph .................... of the ~ning O~inance and the decision of the Bu~d~g In~ector ( ) be reversed ( ) be ~irm~ b~an~ 9,00 P.~. (E.S.T.), upon application of James P. Kavanagh, Nain Road, East Narion, New York, for a special exception in accordance with the Zoning Ordinance, Article V, Section 500 B-3 and Article XV, Section 1504 la, for permission to convert existing motel, known as Crescent Beach Notel, to permanent condominiums. Location of property~ south side Nain Road, East Marion, bounded north by Main Road~ east by Rudkoski and Dawn Estates~ south by Gardiners Bay; west by Dawn Estates. Fee pa~d $15.00. 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 or unnecessary 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 distric~ 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 granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ~ 0~6~0ea~ - ~Mrjo~e ~cDermott, Secretary Southold Town Board of Appeals After investigation and inspection the Board finds that applicant requests permission to convert existing motel, known as Crescent Beach Motel, to permanent condominiums, located on the south side of Main Road, East Marion, New York. The findings of the Board are that applicant is the owner of a parcel of land comprising 5.32 acres on which are situated ten (10) buildings, each of which is a duplex, comprising twenty (20) apartment units. The area is zoned Multiple Residence, M-1. The units have one bedroom, living room, kitchenette, and bathroom~ and the applicant proposes to sell the units to senior citizens on the basis of restricted seasonal use. The land area would be common land subject to control and maintenance of a properly constituted Property Owners Association. The Board agrees with the reasoning of the applicant. The Board finds that the pUblic 'convenience and welfare and justice .will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and ~he spirit of the Ordinance will be observed. THEREFORE IT WAS RESOLVED, James P. Kavanagh, Main Road, East Marion, New York, be GRANTED permission to convert existing motel, known as Crescent Beach Motel, to permanent condominiums. Location of property, south side of Main Road, East Marion, New York. Granted as applied for, subject to the following conditions, Subject to Site Plan approval of the Planning Board, including location of tennis courts, new access road, adequate parking under present Ordinance, and other common facilities. Subject to setting off the residence of the applicant on a 40,000 sq. ft. plot in such a way that the bulk regulations of the Ordinance will be met. There shall be no enlargement of the outside dimensions of any of the twenty (20) proposed condominium units. 4. Occupancy shall be seasonal, limited to the period from April I to November 1. All of the land area between the buildings shall be common land subject to control and maintenance by a properly constituted Property Owners Association. 6. Access shall be as set forth in the site plan as approved by the Southold Town Planning Board. Vote of the Board, Ayes,- Messrs, Gillispie, Bergen, Hulse, Grigonis. ~ ~ &'. ~?~ . . . /~.'~ ~ ~ ~,. ~AL NOTt~E 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, ~uffolk 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 ~ugust 9, 1973, on the following appeals: 7:45 P.M. (E.D.S.T.), upon application of Richard and Shirley Clark, 306 Sixth Street, Greenport, for a variance in accordance with the Zoning Ordinance, Article III, Section 304, for permissio] to construct dwelling with less than average setback. Location of property: east side Rocky Point Road, south side Aqua View Avenue, East Marion, bounded north by Aquaview Avenue; east by Rocky Point Road; south by Land of Farmakidis and Land of Mardikos west by Brown. 8:00 P.M. (E.D.S.T.), upon application of Pa~ricia Hecker, 1116 Main Street, Greenport, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to convert existing garage and storage to dwelling; building has insufficient side and rear yards for dwelling. Location of property: west side Stars Road, East Marion, bounded north by Stars Road West; east by Stars Road; south by Philip Fr~l~enti; west by Balders, Weiss and others. 8:15 P.M. (E.D.S.T.), upon application of Kurt Koehler, Stillwater Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 302, for permission to construct garage in front yard area. Location of property: east side Stiltwater Avenue, Cutchogue, Lot $16, Map of H. S. Hand ~ai Notice Page 2 8:30 P.M. (E.D.S.T.), upon application of Miriam Hitchcock, 10 Greenway Street~ Hamden,Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, the Bulk Schedule and Section 280A of the Town Law, for permlssion to construct dwelling and divide property with insufficient area and frontage, and approval of access. Location of property: right of way off Grand Avenue, Mattituck, bounded north by William Black; east by W. Black and H. Krause; south by C. Ely; west by Mattituck Creek. 8:45 P.M. (E.D.S.T.), upon application of George Ahlers, 250 Cox Lane, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule and Section 280A of the Town Law, for permission to divide property with insufficient area and~frontage and construct two dwellings, and approval of access. Location of property: right of way off south side Bayview Road, Southold, bounded north by Clemens; east.by~Bayview Development Corp.; south by Corey Creek; west by right of way. 9:00 P.M. (E.D.S.T.), upon application of James P. Kavanagh, Main Road, East Marion, for a special exception in accordance with the Zoning Ordinance, Article V, Section 500 B-3 and Article XV, Section 1504 l-a, for permission to convert existing motel, known as Crescent Beach Motel, to permanent condominiums. Location of property: south side Main Road, East Marion, bouDded north by Main Road; east by Rudkoski and Dawn Estates; south by Gardiners Bay; west by Dawn Estates. Legal Notice Page 3 Any person desiring to be heard on the above appeals appear at the time and place above specified. Dated: July 27, 1973 should PLEASE PUBLISH ONCE, August 2, 1973, ~ND FORWARD SIX OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, SOUTHOLD, NEW YORK. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS (6) AFFIDAVIT~ MAIN ROAD, Copies mailed to the following on July 27, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Mr. and Mrs. Richard Clark Corwin & Glickman, Esqs., a/c Patricia Hecker Mr. Kurt Koehier Wickham & Lark, Esqs., a/c Miriam Hitchcock George Ahlers, Builder, Inc. Rudolph Bruer, Esq., a/c James P. Kavanagh NOTICE OF HEARINGS Pursuant to Section 267 ef tile Town Law a'.~d the provisions of lhe Amended Building Zone Or- dinance 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 August 9, 1973, on the following appeals: '/:45 P. M. (EDST), upon ap- plication of Richard and Shirley Clark, 306 Sixth Street, Green- with the Zoning Ordinance, Ar- tlcle III, Section 304, for permis- sion to construct dwelling with lion of property: east side Rocky Point Road, south side Aqua View Avenue, East Marion, bounded north hy Aquavlsw Avenue; east by Rocky Point Road; south by Land of Farmakidls and Land of Mardikes; west by Brown. 8:00 P. M .(EDST), upon ap- plication of Patricla Hecker, 1116 Main Street, Greenport, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for pormission to con- vert existing garage and storage to dwelling; building has insuf- ficient side and rear yards for dwelling. Location of prol~rty: west side Stars Road, E~t Mar- ion, bounded north by Stars Road West; east by Stars Road; south by Philip Frumenti; west by Balders, Weiss and others. 8:15 P. M. (EDST), upon ap~ plication of Kurt Koehler, Still- variance in accordance with the Zoning Ordinance, Article III, Section 302, for permission to construct garage in front yard area. Location of property: east side stinwater Avenue, Cut- chogue, Lot No. 16, Map of If. S. If and. 8:30 P. M. (EDST), upon ap- 'plication of Miriam Hitchcock, Connecticut, for a variance in COUNTY OF SUFFOLK / STATE OF NEW YORKt ss: accordance with the Zoning Or- dinance, Article III, Section 301, the Bulk Schedule and Section 280A of the Town Law, for per- mission to construct dwelling and divide property with insuffi- cient area and frontage, and approval of access. Location of property: right of way off Grand Avenue, Mattituck, bounded north by William Black; east by W. Black and H. Krause; south by C. Ely; west by Mattituck Creek. 8:45 P. M. (EDST), upon ap- 01ication of George Ahlers, 250 Cox Lane, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule and Section of the Town Law, for permission to area and frontage and construct two dwellings, and approval of access. Location of property: right of way off south side Bay- view Road, Seuthold, bounded north by Clemens; east by Bay- view Development Corp.; south by Corey Creek; west by right of way. 9:00 P. upon ap- plication of James P. Kavanagh, Main Road, East Marion, for a ;pecial exception in accordance ~ith the Zoning Ordinance, Ar- ;icle V, Section 500 B-3 and Ar- licle XV, Section 1504 I-a, for permission to convert existing moteLknown as Crescent Beach ~Iotel, to permanent condomin- iums. Location of property: south side Main Road, East Marion, bounded north by Main Road; east by Rudkoski ~nd Dawn Estates; south by Gardiners Bay; west by Dawn Estates. Any person desiring to be heard on the above appeals should ap- pear at the time and [.lace above specified. Dated: July 27, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS C. Whitney Booth, Jr., being duly sworn, says is the Editor, of THE LONG ISLAND ER - MATTITUCK WATCHMAN, a public news- inted at Southold, in Suffolk County; and that e of which the annexed is a printed copy, has been J in said Long Island Traveler-Mattituck Watch- e each week for .....- ~.~..../../...~..~ week~' ,ely, commencing on the .............. ~..)f~..~.~ ............. Swo~,.~ .before me this ........ ~-..~...... day of ....... ....... , T0~N OF SOUTHOI~D, NEW YORK AP~LICATIOAI FOR SP~CJAL EXCEPTION ~fl t APPLICATION NO. TO TPIE ZONING BOAt%D OF AI~PEAI~. S~UTItOLD, N. Y. Name Street and Number East Marion New York NI~Luicipa]ity State iuer~by apply to ~ ZONING BOAI%D OF Ai~PEALS for a SPECIAL EXCEPTION in accordance with the ZONes ORD~N~ A~X~CL~ ~f ~:CT~O~ ~O 0 S~N T~ESt~CL~LEXCEPTtONISRE~~ to c~eru e~is%ing motel known as Crescent Beach Motel, near Greenporu,. uo permfinent condominiums. Application is bezng made to change use of a multiple zon~ property from temporary residence to permanent condominiums. Application is further being made for a new Certificate of Oc~pancy to conform with the new use. b--~TATE OF .N'~W YORK ) )SS COUntY OF Suffolk ) James P. Kavanagh~ Sw~ ~s ..-2l~k__~ aa~ of ~ ...... 19...~2 ..... Rudolph N0~ ~b~c by his attorney, Bruer January 8, 1973 Rudolph Bruer, Esq. Lefferts P. Edson Main Road Southold, N. Y. 11971 Daar Mr. Bruer: in response to your request, the following action of the Board of Appeals was taken on August 9, 1973 with regard to Appeal No. 1819, James P. Kavanagh, Main Road, East Marion, New York: IT WAS RESOLVED that James P. Kavanagh, Main Road, East Marion, New York, be GRANTED permission to convert existing motel, known as Crescent Beach Motel, to permanent condominiums. Location of property: south side of Main Road, East Marion, New York. Granted as applied for, subject to the following conditions: 1. Subject to Site Plan Approval of the Planning Board, 'including location of tennis courts, new access road, ade'Iuate parking under present ordinance, and other common facilities. 2. Subject to setting off the residence of the applicant on a 40,000 sq. ft. plot in such a way that the bulk regulations of the Ordinance will be met. 3. There shall be no enlargement of the outside dimensions of any of the twenty (20) proposed condomin- ium units. 4. Occupancy shall be seasonal, limited to the period from April 1 to November 1. 5. All of the land area between the buildings shall be common land subject to control and maintenance by a properly constituted Property Owners Association. 6. Access shall be as set forth in the site plan as approved by the Southold Town Planning Board. Rudolph Bruer, Esq. -2- January 8, 1973 I have asked Mrs. Brush, Secretary of the Planning Board,to write you with regard to the final recommendations of the Planning Board on this proposed conversion. Yours very truly, Marjorie McDermott, Secretary Southold Town Board of Appeals TO