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HomeMy WebLinkAbout1839 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1839 Dat~ September 11, ACTION OF T~ ZONING BOARD OF ~PE~ O~ T~ TOW~ OF SOUTHO~ To Ke~eth Ketcham ~in Road East ~rlon, N. Y. 1973 Appellant at a meeting of the Zonink Board of Appeals on October ll, was considered and the action indicated be.low was taken on your ( ) 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 Ordinance ( ) ~ 1973 the appeal I. 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 Zonin~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:40 P.M. (E.S.T.), upon application of Kenneth Ketcham, Main Road~ East Marion, New York fpr a variance in accordance with the Zoning Ordinance, Article III, Section 3OOC-4A for lbermission to store and ~w~rk on private boat over 30 feet in length ~n an "A" District. Location of property: nor.th side Main Road, ~East Marion, bounded north by Schrader & Wallace; east by Preston; south by Main Road; west by S. Boken & right of way. Fee paid $15.O0. 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 or SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicini~ 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) cl~nge the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and After investigation and inspection the Board finds that applicant requests permission to store and workoon, private boat over 30 feet in length in an "A" District, located on the north side of Main Road, East Marion, New York. The findings of the Board are that this is an essential part of some of the needs of a fishing community, which was once a major occupation in East Marion. The Board finds that strict application of the Ordinance would produce practical difficulties or ur~necessary 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, Kenneth Ke.tcham, Main Road, East Marion, New Tork, be GRANTED permission, for temporary storage of boat 36' in length on property of Frank Begora, Sr., in rear yard area, until May l, 1974. Vote of the Board: Grigonis, Doyen. Ayes:- Messrs: Gillispie, Bergen, 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 Tow~n of Southold~ Suffolk Co~uty~ 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 October ll~ 1973~ on the following appeals: 8:00 P.M. ( E.D.S.T.)~ upon application of Lucile Mosb~ck~ Rose Hill~ North Carolina~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road~ East Marion~ bounded north by Main Road~ Humes & others; east by William Park & others; ~outh by Gardiners Bay; west by Parker. 8:1~ P.M. 21~ Oak Street~ Greenport, with the Zoning Ordinance~ Schedule for permission insufficient Drivein Park~ ( E.D.S.T.)~ upon application of Eugene Mazzaferro~ New York for a variance in accordance Article III~ Section ~O1 and Bulk build new one family dwellings with setbacks. Location of property: Lot # 2~ Greenport Brown and Ninth Streets~ Greenport~ New York. 8:2~ P.M. ( E.D.S.T.)~ upon application of Clarice Blackburn~ New Suffolk Avenue~ Cutchogue~ New York for a variance in accord- ance with the Town Law~ Section 280 A for approval of access. Location of property: private right of way off south side of New Suffolk Avenue~ Cutchogue bounded north by New Suffolk Avenues east by Case; south by Peconic Bay; west by Lockwood. Legal notice Page 2 8: o ( E.D.S.T.)~ upon application of Kenneth Ketcham~ Main Road~ East Marion~ New York for a variance in accordance with the Zoning Ordinance~ Article III~ Section 300C-~a for permission to store and work on private boat over 30' in length in an "A" District. Location of property; north side Main Road~ East Marion bounded north by Schrader & Wallace; east by Preston; south by Main Road; west by S. Boken & right of way. 8:~0 P.M. ( E.D.S.T.)~ upon application of Robert Kolyer, 208 Christian Avenue~ Stony Brook~ New York for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission to divide property into two lots with less than required width. Location of property: south side Bayview Road~ Southold bounded north by Bayview Road; east by La Rocca~ Marini~ Blakeman & others; south by Corey Creek~ Gozzola: west by Schroeder~ Darnell. 9:00 P.M. ( E.D.S.T.)~ Private Road~ East Marion~ with the Town Law~ Section upon application of Armond Bartos~Jr.~ New York for a variance in accordance 280 A for approval of access. Location of property: north side Main Road~ East Marion on right of way bounded east by F. Cowan and other~ west by R. Long; bounded north by De Nicola; east by right of way; south by I.C. Latham; west by George Cook and others. 9:10 P.M. ( E.D.S.T.)~ upon application of Donald A. Steph- enson~ Main Road~ Orient~ New York for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 30OB-1 for permission to alter existing building to a 2 (two) family occupancy. Location of property: off north side Main Road~ 0riehl on right of way bounded east by Scolielo, west by Bwrnham; bounded north by Long Island Sound; east by Terry and Lomas; south by right of way; west by Stephenson Beach Inc. and old Main Road. Legal notice Page 3 9:20 P.M. (E.D.S.T.)~ upon application of Freddi~ Lawson~ Sound Avenue~ Mattituck~ New York for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission to set off lot with less than required area. Location of property: Oak Place and Walnut Avenue~ Mattituck~ bounded north by Ruthinowski$ south by the Long Island Railroads west by Oak Place. 9:30 P.M. ( E.D.S.T.)~ upon application of William Serrell~ Dogwood Lane~ Gardiner's Bay Estates~ East Marion~ New York for a ~ariance in accordance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission to build an addition with reduced side yard. Location of property: Lots # 9~ and 96~ Gardiner's Bay Estates~ Dogwood Lane~ East Marion~ New York. 9:~0 P.M. ( E.D.S.T.)~ upon application of John Dinizio~ 62~ Main Street~ Greenport~ New York for a variance in accord- ance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission to set off lot with less than re- quired area. Location of property: south side of Brown Street~ Greenport~ bounded north by Brown Street~ east by A. Dinizio; south by Tully and Braun; west by Pipes Cove Corporation. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: September 28~ 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Legal notice Page ~ PLEASE PLr/3LISH ONCE~ 06tober g~ 1973~ AND FORWARD TEN (10) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ MAIN ROAD: SOUTHOLD: NEW YORK. Copies mailed to the following on September 28~ 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Rudolph Bruer A/C Lucile Mosback Eugene Mazzaferro Gary 01sen A/C Clarice Blackb~n Kenneth Ketcham Robert Kolyer Armond Bartos~ Jr. Donald A. Stephenson Wickham & Lark A/C Freddie Lawson William Serrell Irving Price A/C John Dinizio NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisionz of the Amended Building Zone Or- dinance of the Town of Seuthold, Suffolk County, New York, pub- lic 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 October 11, 1973, on the following appeals: 8:0e P. M. (EDST), upon ap- plication of Luclle Mosback, Rose Hill, North Carolina. for a var- Zoning Ordinance, Article IlL Section 301 and Bulk Schedule for permission to divide and set Off lots with existing buildings with less than required width and area. Location of property; south side Main Road, East Marion, bounded north by Main Road, Humes & others; east by William Park & others; south by Oardiners Bay; west by Parker. 8:15 P. M. (EDSTL upon ap- plication of Eugene Ma~aferro. 215 Oak Street, Greenport, New anco with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule roi' permission to build new one family dwellings with insufficient setbacks. Location of property: Lot No. 2, Oreenport Drive-in Park, Brown and Ninth Streets, Greenport, New York. 8:25 P. M. (EDST), upon ap- plication of Clarice Blackburn, New Suffolk Avenue, Cutchogue, cordance with the Town Law. Section 280 A for approval chogue bou~lded north by New Suffolk Avenue; east by Case: south by Peconic Bay: west by Lockwood. plication Of Kenneth Ketcham. Yor, k for a variance in ac~ord- anc~:~vith the Zoning Ordinance. Art~c]~.III, Section 300C-4a for private boat over 30' in lengti~ in an "A" District. Location of property; north side Main Road, East Marion bounded north by Schrader ~ Wallace; /east by Preston; south by Main Road; w~st by .S.._Boken & riffht '-~ 8~.50 P. M. (EDST), upon ap- plication of Robert ~olyer, 208 Christian Avenue,~Stony Brook, cordance with the Zoning Ordi- nance. Article III, Section and Bulk Schedule for permission to divide property into two lots with less than required width. Location of property: south side Bayview Road, Southold bound- ed north by Bayview Road; east b~ La Rocca, Marini, Blakeman & others; south by Corey Creek, Gozzola; west by Schroeder, 9:00 P. M. (EDST), upon ap- plication of Armond Bartos, Jr., Priv,'' "oad, East Marion, New Yor a variance in accord- ance with the Town Law, Section 28OA for approval of access. Location of property: north side Main Road, East Marion on right of way bounded east by F. Cowan and others, west by R. Long; bounded north by De Nicola; east by right of way; south by L C. Latham; west by George Cook and others. 9:10 P. M. (EDST), upon ap- plication of Donald A. Stephen- son, Main Road, Orient, New York for a special exception in accordance with the Zoning Or- divgnce, Article III, Section 300B-1 for permission to alter existing building to a 2 Itwol family occupancy. Location of property: off north side Main Road, Orient on right of way SUFFOLK EW YORK Whitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND MATTITUCK WATCHMAN, a public news- I at Southold, in Suffolk County; and that which the annexed is a printed copy, has been said Long Island Traveler-Mattituck Watch- :h week for ..... ~----~'~'~"'*'"~Z/'" wee~ bounded east by Seolielo, west :ommencing on the ........................................ by Burnham; bounded north by ~...~...~.... ~ Long Island Sound: east hy ...... Terry and Lomas; south by right of way; west ' by Stephenson Beach, Inc. and old Main Road. 9:20 P. M. (EDST), upon ap- ................................ plicatio~ of l~reddie Lawson, Sound Avenue, Mattituck, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to set off lot with less than required area. Location of property: Oak Place and Walnut Avenue, Mat- tituck, bounded north by Ruth- inowskl; south by Long Island Railroad; west by Oak Place. 9:30 P. M. (EDST), upon ap- plioation of William Serrell, Dog- wood Iane, Gardiner's Bay Estates, East Marion, New York gar a variance in accordance with the Zoning Ordinance, Ar* ticle III, Section 301 and Bulk Schedule for permission to build an addition with reduced side yard. Location of property: Lots No. 95 and 98, Gardiner's Bay Estates, Dogwood Lane, East Marion, New York. 9:40 P. M. (EDST), upon ap- plication of John Dinizio, 624 Main Street, Greenport, New York for a variance in accord- ance with the Zoning Ordinance Article III, Section 301 and Bulk Schedule for permission to set off lot with less than required area. Location of property: south side of Brown Street, Greeupart, bounded north by Brown Street: east by A. Dinizio; south by Tully and Braun; west by Pipes Cove Corporation. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: September 28, 19~3 BY ORDER OF THE SOfT.OLD TOWN BOARD OF APPEALS Dated: September 28, 19~3 n to before me this .......... .~. ......... day of ...... LEGAL NOTICE the following appeals: 8:00 P.M. (E.D.S.T.), upon application of Lucile Mesback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road, East Marion, boanded north by Main Road, Humes and others; east by William Park and others; south by Gardiners Bay; west by Parker. 8:15 P.M. (E.D.S.T.), upon application of Eugene Maz- zaferro, 215 Oak Street, Green- port, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for per- mission to build new one family dwellings with insufficient set- backs. Location of property: Lot No. 2, Greenport Drivein Park, Brown and Ninth Streets, Grcenport, New York. 8:25 P.M. (E.D.S.T.), upon application of Clarice Blackburn, New Suffolk Avenue, Cutchogue, New York for a variance in ac- cordance with the Town Law, Section 280 A for approval of access. Location of property: private right of way off south side of New Suffolk Avenue, Cut- chogue bounded north by New Suffolk Avenue; east by Case; south by Peeonic_Bay; west~by Lockwood. ~ I 8:40 P.M. (E.D.S.T.), upon application of Kenneth Ketcham, Main Road, East Marion, New York for a variance in uc- cordance with the Zoning Or- I dinance, Article III, Section 300C- 4a for permission to store and work on private boat over 30' i~ length in an "A" District· Location of property: north side Main Road, East Marion bounded north by Schrader and Wallace; east by Preston; south by Main Road; west by S~ Boken and right [of way. 8:50 P.M. (E.~..T~), upon application of Robert Kolyer, 208 Christian Avenue, Stony Brook, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for per- mission to divide property into two lots with le~ than required width. Location of property: south side Bayview Road, ~outhold bounded north by Bayview Road; east by La Rocca, Marini, Blakeman and others; south by Corey Creek, Gozzuia; west by Schroeder, Darnnll. 9:00 P.M. (E.D.S.T.), upon application of Annand Bartes, Jr., Private Road, East Marion, New York for a variance in ac- cordance with the Town Law, Section 280 A for approval of access. Location of property: north side Main Road, East Marion on right of way bounded east by F. Cowan and others, west by R. Long; bounded north by De Nicola; east by right of way; south by I.C. Latham; west by George Cook and others. 9:10 P.M. (E.D.S.T.), upon application of Donald A. Stephenson, Main Road, Orient, New York for a special exceptian in accordance with the Zoning Ordinance, Article III, Section 300B-1 for permission to alter existing building to a 2 (two) family occupancy. Location of property: off north side Main Road, Orient on right of way bounded east by Scolielo, west by Burnham; boanded north by Long Island Scand; east by Terry and Lomas; south by right of way; west by Stephenson Beach Inc. and Old Main Road. 9:20 P.M. (E.D.S.T.), upon application of Freddie Lawson, Soand Avenue, Mattituck, New York for a variance in ac- LEGAL NOTICE cordance with the Zoning Or- dinance, Article HI, Section 301 and Bulk Schedule for permission to set off lot with less than required area, Location of property: Oak Place and Walnut Avenue, Mattituck, bounded north by Ruthinowshi; south by the Long Island Railroad; west by Oak Place. 9:30 P.M. (E.D.S.T.), application of william Scrrell, Dogwood Lane, Gardiner's Bay Estates, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to build an addition with reduced s/de yard. Location of property: Lots No. ~5 and 96, Gardiner's Bay Estates, DOgwood Lane, East Marion, New York. LEGAL NOTICE 9:'40 P.M. (E.D.S.T.), upon application of John Dinizio, 624 Main Street, Gcee~port, New York for a variance in ac- cordance with the Zoning 0r- dinanee, Article HI, Seetio~ 301 and Bulk Schedule for permission to sot off lot with less than required area. Location of property: south side of Brown Street, Greenport, bounded north by Brown Street; east by A. Dinizio; south by Tully and Braun; west by Pipes Cove Corporation. Any person desiring to be heard on the above applications should appear at the time and place~ above specified. Dated: September 28, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK, S~;uart C, Dorman . being duly Sworn, says that . .he... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport. in said county; and ~hat the notice, of which the ,mnexed is" printed copy, has been published in the said Suffolk Weekly Time: once in eoch week, ~ one (1) weelc- successively commencing on the ......................... day of 0c~ober . . .<!:~-~'~.-~:~. ·..~ ~.~.~.~..~..~u ~ .................... h~h , Swam te be{~e me this .~.. '~ ! TEL. TOWN OF SOUTHOLD OFFIOE OF BUILDING INSPEOTOE TOWN OLERK'S rlFFIOE SOUTHOLD, N. Y. 11e~'71 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. - DATE ..... ,,,~,~...~1.~......1.~7.~ TO THE ZONING BOARDOF APPEALS, TOWN OF SOUTHOLD, N. Y. I1, (We) ........ .~..e..~ ~......~..e..~ ................... of ....... ~.~D.. · .~O.e~ ............................................... Name of Appellant Street and Number .......... ~..S..~....~.~.?.~..o..~.. ........................................................... ~.~Z~. .............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING iNSPECTOR ON ' ~,PPLICATION FOR PERMIT NO ............................ : ....... DATED ............... J.! ................ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE PERMIT FOR OCCUPANCY t~apor~y pe~issio~ ~o work ~n private ~oa~ ~er 30 £t length LOCATION OF THE PROPERTY ....... /~. ....... ,~.~D~ ........................................... ~....dL~.~;. Street Use District on Zoning Mop /~ap No. Lot No. East ~rio~ PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ,orion and Paragraph of the Zoning Ordinance by num. ber. Do not quote the Ordinance.) A~t III see 3OO TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordina.nce or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chop. 612 Cons. Laws Art. ]6 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. S6ch appeal was ( ) request for a special permit ( ) request for a variance aha was made in Appea No ................................ Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (];) A Variance to the Zoning Ordinance I ) is requested for the reason that [ ~e,~ to oo]Alo~et ~o~ og ~jr ~e~ ]oo~t go ~J~:~ ~.t ~r~tioal~ this ~ill ~ke ~ fe-~ mo~ths~ the Boat will th~u be removed ,om the premises and kept at a regular moorimg (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce pract cai difficulties or unneces- sar,/ HARDSHIP because ~ ~he n~ boa% is ~f~ lo~ ~ bo~t ~D tO 30 f~ ¢~ be ~ ' ~ without s~e~al permits re~ited 2. The hardshio created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because t.~is ~'e4D. b.~S beez]. '~SG~ ~' people mak/nS their living frem ?~he ~r for rummy years,, 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because: ~e a~ a.S~'~u~3g for ~ ~e~:~ complete the ~ork in a new boat ~ upon completion of same th~ be remove~ to a ~g~=~ ~r~ and kept in ~ub!ie STATE OF NEW YORK ) ) ss COUNTY OF~£O],~ ) Signature Sworn ~c this .............. ~..~ ...... day of .................. ......................19 73