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Home My WebLink About1838 Appe~ No. 1838 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OFSOUTHOLD To Robert Kolyer 208 Ckristian Avenue Stony Brook, New York TOWN OF SOUTHOLD, NEW YORK DATE .Q.C.~;.,....~, ACTION OF THE ZONING BOARD OF APPEALS Dated September 10, 1973 Appellant 1973 at a meeting of the Zoni~.g Board of Appeals on October 11, 1973 was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance (X) Request /or a variance to the Zoning Ordinance ( ) 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 beeause 8:50 P.M. (E.S.T.), upoxx application of Rober~ 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 B~yview Road; east by La Rocca, Marini, Blakeman & others; south by Corey Creek, - Gozzola; west by Schroeder, Darnell. 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 practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (is not) umque 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 (would not) SEE REVERSE and therefore, it was further detemined 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 ~~,~'~~rjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide property into two lots ~ith less than required width on the south side of Bayview Road, Southold, New York. The Board agrees with the reasoning of the applicant subject to restrictions. 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, Robert Kolyer, 208 Christian · Avenue, Stony Brook, New York, be GR~TE.D p~rm~ssion to divide property into two lot.s with less than required width, as applied for, subject to the following conditions: 1.- Subject to approval o~ New York State Environmental Control. 2. That .there shall be Fo further divis~ion of ~his property. 3. That the division permitted shall be covenanted. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. 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 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 October ll: 1973: on the following appeals: 8:00 P.M. ( E.DoS.T.)~ upon application of Lucile Mosb~ck, Rose Hill: North Carolina~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section ~O1 and Bulk Schedule for permission to divide and set o£f 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 Gardiners BayS west by Parker. 8:1~ P.M. (E.D.S.T.), upon application of Eugene Mazzaferro~ 21~ Oak Street, Greenport, New York for a variance in accordance with the Zoning Ordinance~ Article III, Section 301 and Bulk Schedule for insufficient Drivein Park: permission ~o 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 CaseS south by Peconic BayS west by Lockwood. Legal notice Page 2 8:40 P.M. ( 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, bounded north by Schrader & Wallace~ east by Preston~ Main Road~ west by S. Boken & right of way. East Marion south by 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 0rdinance~ 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.)~ upon application of Armond Bartos~Jr.~ Private Road~ East Marion~ New York for a variance in accordance 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 other~ west by R. Long~ bounded north by De Nicolas 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~ Orient on right of way bounded east by Scolielo, west by Burnham; bounded north by Long Island Sound$ east by Terry and Lomas; south by right of ways west by Stephenson Beach Inc. and old Main Road. Legal notice Page ~ 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 0rdinance~ Article III~ Section ~O1 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. 9:50 P.M. ( E.D.S.T.)~ upon application of William Serrell~ Dogwood Lane~ Gardiner's Bay Estates~ East Marion~ New York for a variance in accordance with the Zoning 0rdinance~ Article III~ Section ~O1 and Bulk Schedule for permission to build an addition with reduced side yard. Location of property: Lots # 9~ and 96~ Gardiner's Bay Estates~ Do~¢ood Lane, East Marion~ New York. 9:~0 P.M. ( E.D.S.T.)~ upon application of John Dinizio~ 624 Main Street~ Greenport~ New York for a variance in accord- ance with the Zoning 0rdinance~ Article III~ Section ~O1 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~ 197~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Legal notice Page ~ PLEASE PUBLISH ONCE: O~tober ~: 1973: AND FORWARD TEN (10) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ AMAIN 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 Blackburn 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 provisions of the Amended Building Zone Or- dinance of the Town of Southold. 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: 8:0/) P. M. (EDST), upon ap- plication of I~uclle Mosback. ROSe Hill, North Carolina. for ~ var- iance 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; south by Oardiners Bay; west by Parker. plicatlon of Eugene Mazzaferro. 215 Oak Street, Greenport, New York for a variance in accord- ance with t~e 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, Greenport Drive-in Park, Brown and Ninth Streets, Oreenport, New Yol'k. 8:25 P. M. (EDST), upon ap- plication of Clarice Blackburn, New Suffolk Avenue, Cutehogue, 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 nm'th by New Suffolk Avenue; east by Case: south by Peconic Bay: west by Lockwood. 8:40 P. M. (EDSTi, apon ap- plication of Kenneth Ketcham. Main Road~: ~ast Marion, New York for a variance in ac~okd- .ance~ w~th the Zoning Ordinance. :?'~a~l~*!II, Section 300C-4a for permission to store and work on private boat over 30' in length in an "A" District. Locaticn of property; north side Main Road, East Marion bounded north by Schrader & Wallace; least by Preston; south by Main Road; est by S. Boken & right way. ~,~8:50 P. M. (EDST), u] pllcation of Robert Kelyer, 208 Christian Avenue. Stony Brook, New York for a variance in ac- cordance with the Zoning Ordi- nance, 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 Hoad, Southold bound- ed north by Bayview Road; east b~ L~ Rocca, Marini, Blakeman & others; south by Corey Creek, Oozsola; west by Schroeder, 9:00 P. M. (EDST), upon ap- plication of Armond Bartos, Jr., Priva~ Road, East Marion, New York a variance in accord- ance w~th 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 I. 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- dlps~ce, Article III, Section 300B-1 for permissio~, to alter existing building to a 2 Itwo) 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- inowskt; south by Long Island Railroad; west by Oak Place, 9:30 P. M. (EDST), upon ap- plication of William Scrrell, Dog- wood I~ne, Gardiner's Bay Estates, East Marion,, New York with the Zoning Ordinance. Ar- ticle III, Sectiqn 301 and Bulk Schedule for permission to build an addition with reduced side yard. Location of property: Lots NO. 95 and 96, Gardiner's Bay Estates, Dogwood Lane, East Marion, New York. 9:40 p. M. (EDIT), upon ap- plication of John Dinizio, 624 Main Street, Greenperf, 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. Loca/~ion of property: south side of Brown Street, Greenpert, 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 O1~ THE SOD'A-~OLD TOWN BOARD O1~ APPEALS Dated: September 28, 1973 ;UFFOLK YORK Vhitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND v~^'I-i'ITUCK WATCHMAN, a public news- at Southold, in Suffolk County; and that hich the cnnexed is a printed copy, has been aid Long Island Troveler-Mottituck Watch- ,amlly oocup cy. Location of property: off north side Main h week for ........... week~ Road, Orient on right of way bounded e~t by ~olielo, w~t >mmenc ng on the .................... by Burnham; bounded ~orth by of way; west by Stephenson ~.~.. Beach, Inc. ~nd old Main 9:20 P. M. (~ST). u~n ~ .......................... plicati~ of ~eddie ~w~n, ~ound Avenue, Mattituck, New York f~ a variance in accord- an~ with the Zonl~ Ordinan~, ArMcle HI, ~ectton 301 and Bulk ~.~,n to before me this ................... ..... NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southuld, 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 October 11, 1973, on LEGAL NOTICE the fullowing appeals: 8:00 PiM. (E.D.S.T.), upon application of Lucile Moshack, 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- becks. Location of property: Lot No. 2, Greenport Drivein Park, Brown and Ninth Streets, Gresnport, 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 Peconic Bay; west by Lockwood. 8:40 P.M. (E.D.S.T.), upon application of Kenneth Ketoham, Main Road, East Marion, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 300C- 4a 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 and Wallace; east by Preston; south by Main l~ad; west by S. Boken and right of way. - ~ I 8:50 P.M. (E.D.S.T.), upon application of Robert Kolyer, 2~ 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 less than required width. Location of property:I south side Bayview Road, ] Seuthold bounded north by ~ Bayview Road; east by La [ Rocca, Marini, Blakeman and [ others; south by Corey Creek, [ Gozz~in; west by Schroeder, ~ Darnell. -- 9:00 P.M. (E..I~'~.T.), upon application of Armand Bartos, Jr., Private Read, East Marion, New York for a variance in ac- cordance with the Town Law, Section 280 A for approval of access. Locatiun 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; seuth by I.C. Latham; west by George Cook and others. 9:10 P.M. (E.D.S.T.), upon application of Donald A. Stephensan, Main Road, Orient, New York for a special exceptien in accordance with the Zoning Ordinance, Article HI, 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; bounded north by ~-Lang Island Sound; 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, Sound 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 sot 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 Railroad; west by Oak Place. 9:30 P.M. (E.D.S.T.), upon application of william Serr~el1, 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 side yard. Location of property: Lots No. 9~ and 96, Gardiner's Bay Estates, Dogwood Lane, East Marion, New York. LEGAL NOTICE 9:~40 P.M: (E.D.S.Ti), upon application of John Dinisio, 624 Main Street, Grennport, New York for a variance in ac- cordunce with the Zoning Or- dinance, Article HI~, S~cQon 301 and Bulk Schedule for permission to set off lot with less than required area. Location of property: south side of Brown Street, Grcenport, 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, STATI~ OF NEW YORK, } ss: n ...... sm/s thor . .h.e.... is Printer ~nd ~VEEKLY TIMES. u newspaper pu; county; and that the notice, of copy. has been published in the once in each week, f~rr ........ successively commencing on the October ~'~ 19 day of ...... ! .... Sxvorn to before me this ....h.~.. FORM NO. 3 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ~ /' C~ ~.~..~7~..~ ....... ] .................. PLEASE TAKE NOTICE that your application dated .................. ~.../....~.. ........ , ~9~~~t ,S~.:......~.....~ ............ at ~h] p~is.~s~oc~ted ...... ~..~... ................. ..~...~... .................................................................... Street~~ Map , ~ Block ................................ ~J~]...~.~...~..~.~......~....~~~.~. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL DATE S...e..p...t..e.~ .b...e..r.....1..0..., 19 7 3 TO THE Z~NIN~G BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. : ' Robert J. Kolyer . 208 Chr£stia.n.. Aven.u.e, Name of Appellor~t Street and Number Stony Brook N.:~:..~.7...9...0. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIIX]G II~SPECTOR ON APPLICATION FOR PERMIT NO .......... ~ .................. ' ........ DATED ............. .~/./..../..~./.Z..~...)/'/~ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Robert J. Kolyer Name of Applicant for permit of 208 Christian Avenue, Stony Brook, N.Y. 11790 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Variance on lot width LOCATION OF THE PROPERTY .,~.,o.~t....~....B..~.e.....o..~...,.B.~..-v...~....~.,o.,a. ,d.)...,~.o..~.t...~..o...1..d.. ........... Street Use District on Zoning Mop '/~'~" ~j~: ............................................... Lot N~: .............. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) ART. 111 Sec. 301 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) 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 PREVIOUS APPEAL A previous appeal (~'~T~) (has not) been made with respect to this decision the Building Inspector or with respect to this property. S~ch 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 (X) A Variance to the Zoning Ordinance is requested for the reason that apglicant desires to divide~;appro×imately 6 1/2 ~lcres ~nto two separate parcels where total Bayview Road frontage is pproxzmately 280 feet, and applicant wishes to pcovide 140 foot rontage for each parcel. ~ ZBZ (Continue on o~er side) ,.% REASON FOR APPEAL COntinued 1. STRICT APPLICATION OF THE ORDINANCE would produ~ practicaldifficutti~ orunn~es- sa~ HARDSHIPb~aum applicant has contracted to sell each parcel of approximately 3 acres apiece, separately with 140 foot frontage each. 2. The hardship created is UNIQUE and is not shared by a~l properties alike in the immediate vicinity of this property and in this use district because at'her parcels in the area on the south side of Bayview Road are_of much smaller size. 3. The Variance would obse~e the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT b~au~ each parcel would be used for one family dwellings and would contain 3 acres each, which are considerably larger than most residential parcels in the vicinity. STATE OF NEW YORK ) ) COUNTY-OFSUFFOLK ) SS As Attorney for Robert J. liolyer Signature Notary Public //