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HomeMy WebLinkAbout1718 TOWN OF SOUTHOLD, NEW YOltK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1718 hated December 12, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Edward Pelletteria 1438-143 Street Whitestone, New York 1972 AppeLant at a meeting of the Zoning Board of Appeals on February 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 ander the Zoning Ordinance ~ ) Request for a variance to the Zoning Ordinance ( ) 15, 1973 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 8:15 P.M. (E.S.T.), upon application of Edward Pelletteria, 1438 - 143 Street, Whitestone, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Sulk Schedule, for permission to reduce required setback of house. Location of property': Budd Pond Road, Southold, Lot #16, 1.iap of Willow Point, Southold, New York. 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 SEE REVERSE practical difficulties (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 (e) 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 SgE RI~'EREE APP UV[D,, ZONING BOARD O~ APPEALS ~'~J~J~i , //.~rJo:~ie McDermott, Sooretary After investigation and inspection the Board finds that applicant requests permission to reduce required setback of house, Lot #16, Map of Willow Point, Southold. The findings of the Board are that due to an error applicant is 1.9 feet short on his front setback and that the foundation and footings have already been completed. The Board agrees with the reasoning of the applicant. 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 Edward Pelletterta, 1438 - 143 Street, Whitestone, New York, be GRANTED permission to reduce required setback of house located at B~dd Pond Road, Lot #16, Map of Willow Point, Southold, New York, as applied for. Vote of the Board: Hulse. Ayes:- Messrs: Gilltspie, Bergen, Grtgonis, 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 Southoid, 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 permission 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 Biaieski. Location of property: 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 Well~; 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 of property: east side of Robinson Road (off Right of Way); bounded norhh by Boyd; east by Peoonic 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 Eli~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 Z~ning 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. Wenzei; 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 $16, Map of Willow Point, Southold, New York 8:30 P.M. (E.S.T.)i, upon application of Warren and Dolores Ritzer, 71 Nadel Drive, Riverhead, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and Bulk Schedule for permission to use existing building with insufficient setback for business purposes. Location of property: north side of Main Road, Laurel, bounded north by J. O'Connell; east by Jl O'Connell; south by Main Road; west by Mattituck Holding Corp. 8:45 P.M. (E.S.T.), upon application of Jack Driscoll, North Oakwood Drive, Laurel, New York, for variance in accordance with Legal Notice Page 4 9:45 P.M. (E.S.T.), upon application of Xenophon Damianos, Main Street, Stony Brook, New York, for a variance in accordance with the Zoning Ordinance Article X, Section 1008; Article XII, Section 1204, for permission to amend Board of Appeal decision on Appeal ~1394, in regard to lay out and design of buildings for proposed renovation of Greenport Homes. Location of property: South side of Main Road (Route 25) and west side of Ninth Street, Greenport, Map of Greenporu Homes. Any person desiring to be heard on the above applications should appear at~hthe time and place specified. Dated: February 2, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, FEBRUARY 8, 1973, AND FORWARD ELEVEN (It) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on February 2, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times William J. Clark, Esq., arty for Village Marine of Mattituc$ The Great Atlantic & Pacific Tea Co. Mr. George Bird Eastwood Builders a/c Edward Pellettieri Mr. and Mrs. Warren Ritzer Mr. Jack Driscoll Mr. Stanley J. Waimey Mr. John Christie Raffe & Raffe, Esq., attys for George Kaytis ~ranitzke, Lechtr~cker & Lechtrecker, Esqs., attys for Damianos NOTICE OF HEARINGS Pursuant to Section 297 of the Town Law and provisions of the Amended Building 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 e×ception in accordance with the Zoning Ordinance Article VL 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. Hoder et al; east by Private Road; south by Jame; Creek; west by Bay Ave- 7:45 P. M. (EST). upon appli- cation of The Great Atlantic & Pacific Tea Co., 650 Stewart Ave- nue. Garden City, New York, for with the Zoning Ordinance, Ar- ticle VI, Section 800 C-3(al for ground sign. Location of prop- erty: 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. (EST), upon appli- cation of George Bird, Luptons Point Roa~l, 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 Bialeski. Location of property: south side of Oregon Road, Mattltuck, bounded north by Oregon Road; east by J. Zuhoski et al; south by L. Tuthill; west by Elijahs Lane. g:05 P. M. (EST), upon appli- cation of George Bird, Luptons Point Road, Mattituck, New York, for a special eXCel~ion 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, Peeonic bounded north by Main Road; east by P. Wenzel: south by Les- lie Road; west by A. KrulYski and wife. , 8:15 P. M. (EST). upon appli- cation of Edward PellettierL 1438- 143 Street, Whitestone, New York. the Zoning Ordinance Section :~03 ~or~ permissioii:~ setback of'house. Loca~ioh Of property: Budd Pond Road. Southold. Lot No. 16, Map of Wil- low Point, Southold. New York. 8:30 P. M. (EST). upon appli- Ritzer, 71 Nadel Drive. Riverhead, 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 de"~'~,~oh on Appeal No. 13~4[ in regard to lay out and design of buildings for propOsed renovation of Greenpert Homes. Location of Road (Route g§/ ~nd west side of Gr~n~rt Homes. '0RK Any person desir~g ~ be heard on the a~ve applications shouId appear at the time and place Dated: ~bruary 2, 1973 ~ey Booth, Jr., being duly sworn, sa~ BY ORDER OF THE Editor, of THE LONG IS~ND 8OU~OLD TOWN ~O~RD O~ APeE~8 TITUCK WATCHMAN, a public news- ~ ~outhold, in Suffolk Count; and that the notice of which the annexed is a printed copy, has been publish~ in said Long island Traveler-M~ttituck Wctch- mon once e~ch week for .......... ~.. wee~ successively, commencin0 on the ....................................... Sworn to before me this ......... .~,.....~'....... day of ....... ........ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of lhe 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 Southuld, 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 a~- plication of Village Marine of Mattituck, Inc., Bay 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 p?rmission to erect an additional s~gn (third sign). Location of property: east side Bay Avenue, Mattituck, bounded north by L. Heder et al; east by Private Road; south by James CYeel~; 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, Mattithck, 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.TD, upon ap- plication of George Bird, Luptuns 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, Mattituck, bounded north by Oregon Road; easl by J. Zuhoski et al; south by L. Tuthill; west by Elijahs Lane. I 8:05 P.M. (E.S.T.), upon ap- plication of George Bird, Luptons t 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 r ~: an auction sale on properly of ff Edward Charnews. Location of property: south side of Main m Road, Pecunic, bounde~l north by Main Road; east by p. Wenzel; south by Leslie Road; west h~. Krupski and wife. 8:15 P.M~ (E.S.T.), upon ap. plication of Edward Pellettieri, 1438--143 Street, Whitestone, New York, for a variance in accordance with the Zoning Ordinance, Article III, S~tion ~3 and Bulk Schedule, for per- mission to reduce require¢ setback of house. Locatiun ul property: Budd Pond Road, Southold. Lot No. 16, Map o! Willow Point, Southold] York. 8:30 P.M. (E.S.T.), upon ap- ~ plicatiun of Warren and Doinre Ritzer, 71 Nadel Drive/ Riverhead, New York, for a variance in accordance with the COUNTY OF SUFFOLK, I STATE OF NEW YORK, ~ ss: ........ S.t.q~r.t..C.....Dpr;app .............. being duly Swo says that . ...h~.. is Printer and Publisher o! the SUFFO, W~,-'-KLY TIMES. a newsi~per published crt Greenport. in s, county; and that the notice, of which the mmexed is u print copy. has been published in the said Suffolk Weekly Tin- once in each week, i~r ............. qn.e. ........... wee successively Oommencing on the ........ .e .i ~.h.t:h. ......... day of . Febr~nv-v- to . .... Sworn bede this of .... ....... i9 { _ ., ..... ..~. :~...~... TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL.ER~('S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date .............. ...~/_..~ ................... ~ ........... 19 ........ To ..: .................................. , ............................... :~-:~:~.::.. ~:~ ....................... '. ............. ~ ......... ~ ...... ' ...................... ~:' ......... ~ ....... ~ ~ P'L~SE TAKE NOTICE that your ~;~ullOn-'~ated ....... ~ ........ ,or permit ,o construct ~~* .~'~ ,L ~remises ,oc~f~d , ' .................. ~';¢ ..... :;:~,. ~::: "'7:::: ..... ................ :::::::::::::::::::::::::::::::::::::::::::::::::: ................... ..... r~um~d ~ere~th und disep~rov~ on fhe ~ollowing ground~. ................... : ............................. : .... ........................ ~~ ~ ~. ............ t....-~ .................. ~ ................................................................ ~ ........... ......... ..... ~:::..,.:..:....':. ........ ..:~ ................................................. ............. Building Inspector TOWN OF SOUTFIOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INS, ~CTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. / q / ~C) Name of Appellant Street and Number .......................................................... · .~.,::.Y ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD' OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .... ..~.....~......~.'.~..~ ........ DATED ,...~.....~.....C~....{.....~.....?...~...Z...~... WHEREBY THE BUILDING INSPECTOR DENIED TO ( Map No. Lot No. Name of Applicant for permi( of ............ ......... ................... Street and N umber Municipality State )PERMIT TO USE ) PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY .................................................... Street Use District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Para.qraph of the,~=oning Ordinance by..number. Do not quote the Or. di,nance.) 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 Law Chap. 62 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. Such 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 (~-.).. A Variance the Ordinance to Zoning ( ) is requested for the reason that/~,0,~.~..-~ ~ j2..C,c.4-czJ..-'~ ~o~ ~,]~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSH!P 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 Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) COt3 NT¥ 'OF ) Sworn to this .................... Z.?.o~ ........ day of ........................ Notre'fy Public ~,NN ~, B~:LLOW~ ~OT, C~RY FUBLIC, Sfa~e o~ Ne~ Y~ $u'~;'oJ~ Co~W No. ~2-023~250 Commi~o~ ~ir~s ~¢~r~ 30~ J97~ ~ASTWOOD January 23, 1972 Eastwood Build&rs, Inc Montauk Highway Hampton Bays, New York 11946 Variance application for E~ward Pellettieri Gentlemenz Recepit is acknowledged of the variance application for Mr. Pellettieri. The application fee of $15 was not received. Please forward as soon as possible. Sincerely, Terri Lee Elak, Secretary Southold Town Board of Appeals