Loading...
HomeMy WebLinkAbout1828 TOWN OF SOUTHOLD, N~W YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1828 Dated August ]-5, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHO~ To Henry Ualsh Private Road Fishers Island, New York DATE .~.~L~...30, ]-973 AppeHant at a meeting of the Zoning Board of Appeals on A1Jt,~llSt 30, 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 resolution of the Board it was determined that a special exception ( ) be granted ( ) be dented pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be cunflrmed because 9*25 p~.i~. (E.S.T.), .upon application of Henry Walsh, Private Rosd, Fishers island, New 'fork, for a patience in accordance with the Zoning Ordinance, Article III, Sec2ion 301 and the Bulk Schedule, for permission to divide property with less than required area. Location of propez;ty, Right of way off S/S Avenue B, Fishers Island, bounded north by lsmds of Henry Zabohonski ~t: ano.; east by Jsme DuPont; south by Land of ?enry Zabohonski & ano.; west by G. Repanti and others. Fee paid ~jlS.00. 2. VARIANCE. By resolution of the Board ~_t was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties slike in the immediate vicinity o~ this property and in the same use district because o~e, RZVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE v~ w~ ~ and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be con/irmed ( ) be reversed. SEE PuEV-ERSE ' - ............. ~ ( ~,_arjorJfe i,icDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide property with less than required area on right of way off south side Avenue B, Fishers Island, New York. The findings of the Board are that spplicant is dividing property which already exists. 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 barSship created is unique and would not be shared by all properties alike in the immediate vicinity of this property, and in the s@~e use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. T}~REFORE IT %'[AS RESOLVED, Henry Walsh, Private Road, Fishers Island, New York, be GRANTED permission to divide property with less than required area. A condition of granting this vs~iance is that Parcel No. 2 is entitled to access as set forth in the survey accompanying the application. Vote of the Board: Ayes:- Messrs: Oill~spie, Bergen, Hulse, GrJ. gonis. LEGAL NOTICE Notice of Hearing Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the To~m 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 August ~O~ 197~ on the foll~ing appeal: 9:2~ P.M. (E.D.S.T.)~ upon application of H~n~y Walsh~ Private Road~ Fishers Island~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section ~O1 and the Bu~ Schedule for permission to divide property with less than re- quired area. Location of property: R.0.W. Off S/S Ave. B~ Fishers Island bounded north by Lands of Henry Zabohonski and another$ east by Jane DuPont~ south by Land of Henry Zabohonski and another; wes~ by G. Repanti and others. Any person desiring to be heard on the above application should appear at the time and place above specified. Dated: August 17, 197~ B~ ORDER OF THE SOUTHOLD TOWN B~RD OF APPEALS PLEASE PUBLISH 0NCE~ AUGUST 2~ ~ AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ MAIN ROAD~ SOUTHOLD~ NEW YORK Copies mailed to the following on August 17~ 197~ New London Day Corwin & Glic~nnan ~al Notice Page 3 9:2~ P.E. (E.D.S.T.), upon application of Henry Walsh, Private Road, Fishers Island~ for a variance in accordance with the Zoning Ordinance, Article III, Section ~O1 and the Bulk Schedule for permission to divide property with less than re- quired area. Location of property: R.0.t~. off S/S Ave. B~ Fishers Island bounded north by Lands of Henry Zabohonski & Ahother; east by Jane DuPont; south by Land of Henry Zabohonski & Another; ~est by G. Repanti & Others. 9:$0 P.M. (E.D.S.T.)~ upon application of Guido Ciacia~ ~ain Road~ Greenport, New York~ for a variance in accordance with the Zoning 0rdinance~ Article III, Section 301 and the Bulk ~chedule as applies to Article IV~ Section 600A for permission to set off single lot with less than required area. Location of property: Lot # 176, Amended map~of Peconic Bay Estates~ Greenport, New York. 9:~0 P.M.E.D.S.T.)~ upon application of Brian Lynch, R.D.l~ Box 21E, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C, &~Article IX~ Section 900-~6 for permission to operate Aireal Spraying service in "A" District. Location of property: N/S of Oregon Road~ Mattituck~ bounded north by L.I. Sound; east by Rose H. Baer; south by Oregon Road; west GHafic Arts Management Corp. ANY PERSON DESIRING TO BE HEARD ON THE ABOVE APPLICATIONS SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPECIFIED. Dated: August 17, 1973 BY ORDER OF THE SOUTHOLD TOWN BORD OF APPEALS PLEASE PUBLISH ONCE, August 23, 1973, AND FORWARD TEN (10) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD~ SOUTHOLD, NEW YORK NOTI~ OF HEA~,INGS Pursuant to Section .~/ of the Town L~,w and ~e p~s of ~n~ of ~e TO~ of ~uthoM, Suffolk ~un~, N~ York, ~b- Zo~ ~ of Ap~ of ~e To~ of ~ut~ld, at the To~ ~i~, Main R~, 8outhold, N~ York, o~ Au~ 30, 1~, ~ ~e fo~o~ a~: ~tuck, for a va~ ~ ~ ~ ~ttttuc~ ~on to e~t ~ of 6' fm~ in fret ya~ ma (lg h~ (t~) front y~s.) ~catton of ~or, E~t M~on. 8:10 P. M. (~T), u~ a~ plicat~n of ~w~ ~elath, ~t ~, ~uthold, New have swimm~g ~1 in ade yard. ~tion of pw~rty: ~ No. ~ & 18; ~ide Te~e, South- old. 8:~5 P. M. (~), u~n ap-' pBcatton of William Grefe, New ~ffolk Aven~e, Ne~ Suffolk, tion ~ ~cordan~ ~th ~ Zon- ~ion to opem~ buildi~ c~- tractor yard and W manufacture Avmue, New Suffol~ bo~d~ ~rth by L, B. Olover, Jr.: east by Cox Lane; ~uth by B. Har- ris; west by L. Glover, Jr, plication of ~hur J. BuJnows~, New York, for a variance ~ ac- ~rdance with the Zoning Ordi- nan., ~icle HI, ~ctton C, & ~tcle IX, Section for ~on te o~rate field and airplane stor~e conic ~unded north by 9:00 P. M. (EDST), upon ap- plicmtio~ of Vito Randazzo, 54 James ,eet. Pa~cho~ue, New York, lo, a variance in accord- ance With the Zoning Ordinance, Article III. Section 301 and the Bulk Schedule for permission to divide lots with less than re- quired a~ea. Location of prop- erty: Lots No. 3, 4, and 5, Ceda.' Beach Park, Southold. 9:10 A. M. (EDST), upon ap- plication of Mattituck Inlet Marina, Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Artio~e VI, Section 600 C ii, & Article XV, Section 1501 for permission to maintain roof si~n on building. Location of property; W/S qf Mattituck Inlet. Mattituck. b0hnded north by J. R. Holr~es; east by l~attl- tuck Inlet; south by Lot Shore Acrea; west by J. Leo Grande and M~ Chudiak. 9:25 P. M, (EDsT), upon~/~P plication of Henry Walsh, Pri- vate Road, Fishers Island, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Sched* ule for permission to divide property with less than required area, Location of property l~.O.W, off S/S Ave. B, F/shers Island bounded north by Lands of Henry Z~bohonski & Another; east by Jane DuPont; south by Land of Henry Zabohonski iAnother; west by G. Repanti Others. 9:40 P. M. (EDST ,ff~u~o~- plication of Guido Ciacia, Main l~oad, Greenpor~, New York, for a variance in ~ccordance with the ~oning Ordinance. Article IIII, Section 901 and the Hulk Schedule as .applies to Article IV, Section 600A for permission to set off single lot with less required area. Location of prop- erty: LOt No. 176, Amended map of Peconic Bay Estates, Green* port, New York. 9:50 P. M. (EDST), upon ap- plication of Brian I~ynch, I~.D. 1, Box 21E, Matfltuck, for a yardi~ ance in accordance with the Zon- ln~ Ordinance, Article III, Sec- tion 300 C, ~ Article IX, Sec- tion 900-46 for permission to operate Aerial Spraying service in "A' District. Location of proper~,: N/S of Oregon Hoad, M~ttituck, bounded north by L. I. ~ound; east ~by Rose H. Baer; south by Ore,on Ro~d; west Graflc Arts Management Corp. Any person desiring to be heard on the above applications sheuld appear at the time and place above specified. Dated: AugUst 17, 19'/3 BY OP, DEI~ O1~ SOo.t't~/OLD TOWN BOARD Olp APPEAL8 1T~8-~J OF SUFFOLK J, ss: NEW YORK C. Whitney Booth, Jr., being duly sworn, says ~ is the Editor, of THE LONG ISLAND ER - M^'I-I'iTUCK W^TCHMAN, a public news- ~inted at Southold, in Suffolk County; and that :e of which the annexed is a printed copy, has been d in said Long Island Traveler-Mattituck Watch- ;e each week for ..... ~,~_~...~'.Z.~...... wee~ com. enci.g on the ............... ....... ...... Sworn to before me this ........~.......~ ....... doy of NOTICE OF HEARINGS the Amended Building gone 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 Seuthold, at the Town Office, Main Road, Seuthold, New York, on August 30, 1973, on the following appeals: 7:45 P.M. (E.D.S.T.), upon application of M.S.T. Con- structiun, Corp., Middle Country Road, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and 304 for permission to reduce average setback on corner lot. Location of property: Lot No. 2, Saltaire Estates, Mattituck. 7:5~ P.M. (E.D.S.T.), upon application of Kenneth Watson, Midland Place, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 3O5 for permission to erect part of 6' fence in front yard area (lot has 3 (three) front yards). Location of property: Lot No. 48, Marion Manor, Eust Marion. 8:10 P.M. (E.D.S.T.), upon application of Edward Cielatka, Summit Road, Seuthold, New York, for a variance in ac- cordunce with the Zoning Or- dinance, Article III, Section 300 C-2 & Section 302 for permiSsion to have swimming pool in side yard. Location of property: Lots No. 27 & 28, Bayside Terrace, Seuthdld. 8:25 P.M. (E.D.S.T.), upon application of William Grefe, New Suffolk Avenue, New Suf- folk, New York, for a special exception in accordance w~th the Zoning Ordinance, Article IX, Section 9~0 as refers to Article ,VIII, Section 800 B-4, 3 and Ar- ticles IX Section 900-9 for per- mission to operate building contractor yard and to manufacture and store concrete products. Location of property: New Suffolk Avenue, New Suf- folk, bounded north by L.B. Glover, Jr.: east by Cox Lane, south by' B. Ha~is; west hy L. Gl°Ver, Jr. 8:40 P.M. (E.D.S.T.), upon application of Arthur J. Bujnowski, 6 Surryhill Place, Huntington, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C, & Article IX, Section 900-46, for permission to operate airfield and alrplune storage in "A" Zone District. Location of property: S-S Main Road, Peconic bounded north by Main Road; east by P. Wenzel; south by Leslie Road; west by A. ~..~ P.M. (E.D.S.T.)~ upon application of Vito Randazzo, 54 James Street, Patchogue, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301 and the Bulk Schedule for per- mission to divide lots with less than required area. Location of property: Lots No. 3, 4, and 5, Cedar Beach Park, Southold. 9:10 P.M. (E.D.S.T.), upon application of Mattituck Inlet Marina, Mill Road, Mattituck, ~ew York, for a special exception in accordance with the Zoning Ordinance, Art~lcle VI, Section 600 C ii, & Article XV, Section 1501 for permission to maintain roof sign on building. Location of property: W~S of Mattituck Inlet, Mattituck, bounded north by J.R. Holmes; east by Mattituck Inlet; south by Lot P, Shore Acres; west by J. Leo Grande and M. Chudiak. ~ 9:25 P.M. (E.D.S.T.), upon application of Henry Walsh, Private Road, Fishers Island, 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: R.O.W. off S-S Ave. B, Fishers Ialand bounded north by Lands of Henry Zabohonski & Another; east by Jane DuPont; south by Land of Henry Zabohonski & Another; west by G. Repanti & Others. 9:40 P.M. (E.D.S.T.), upon application of Guido Ciacia, Main Road, Grcenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule as applies to Article IV, Section 600A for permission to sot off single lot with less than required area. Location of property: Lot No. 176, Amended map of Peconic Bay Estates, Greenport, New York. 9:50 P.M. (E.D.S.T.), upon application of Brian Lynch, R.D. 1, Box 21E, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C, & Article IX, Section 9~0-46 for permission to operate Aireal Spraying service in "A" District. Location of property: N-S of Oregon Road, Mattituck, bounded north by L.I. Sound; east by Rose H. Bear; south by Oregon Road; west Grafic Arts Management Corp. ANY PERSON DESIRING TO BE HEARD ON THE ABOVE APPLICATIONS SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPECIFIED. Dated: August 17, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 'Y OF SUFFOLE, OF NEW YORK, ? ss: ,~.~r.t..C....D.c..~..n. .................. being duly Sworn 1at .... l~. is Printer and Publisher of the SUFFOL! LY TIMES, a newspaper published at Greenport, in sak ,; and ~hat the notice, of which the annexed is a printe~ has been published in the said Suffolk Weekly 'Fimes n each week. ~r ........... .o.n.e ............. weeks ;siv~ly oommencin§ on the . .t?.e.n.t.y.-.t.h..J..~l. ............ .... ......... t to before me t~his .~.'~Vk.i // /~/ JOSEPH L. TO~/N~O,.,/R ............ // ....... r~OT~V' g'0~t[l~[ 2~ .~c o~ ~ew York Pu BLISH EIR'S CERTIFICATE State of Connecticut ) County of New London, ) ss. New London tPUBLIC HEARINGS On this 21$th day of August A.D. 19 73 personally appeared before the undersigned, a Notary 1~ublic, within and for said County and State, A.G. A lmeida Controller newspaper published London, State states on oath, L~al ~2qq of THE DAY, a daily evening at New London, County of New of Connecticut, who being duly sworn, that the Order of Notice in the case of Zoning Boa~-d of Aoo~al~ a true copy of which is hereunto annexed, was published in said newspaper in its issues of the twenty-third days of August A.D. 197~ day of Aug;usg A.D. Notary Public. , FOI~M NO. 3 ~ ': TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL 19...~..~ ...... ~'"'~'i ....................................... $~ ....~ .......... .C....~.....~ PLEASE TAKE NOTICE that your application dated ........ ~.~l ...... ../(..:~.~.. ................. , 19~.~.. ...~ ....... ~...~ ................... ~,~,~ ~~ ~~ ............................................ ....................................................... Inspector / TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSP_CTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~ ~We~ ~1~-~. ~ ^~~ ~.~.~ .. of ~v~-~.~ ...~:..~' ~.~.~ ...b./~.~ ............. '~"~;~"~i~ .............................. ~rZ~t"and"i~u~[;~'; ................ :.~..: .......HEREBY APPEAL TO Municipality Stat~ ..................................... ................ ................ WHEREBY THE BUILDING INSPECTOR DENIED TO .............. [~..~....p:...¢:__::___: .~_. __....::f l' ~ ~ m-- Nar~e of App/Icant"tor"perm/t of Street and Number Municipality State () PERMIT TO USE (),-PERMIT FOR OCCUPANCY ,. ,oc^~,o~ o~ ~ ~o~ ..~:.~-.~.¢. ...... ~..f......~.~......~ ..................... '.:~...,!~ Street Use District on Zoning Map ............ ~:~....b..~..~.~. ..... 1.~..a..~ ................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub~ sectio~ and Parag~raph of the Zonin~_g,g~Ordinance by number. Do not quote the Ordi.nance.) 3. ~,YI~OF APPEAL Appeal is made herewith for (,/'~ ax/a~) A VARIANCE to the Zoning Ordin.ance 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 4. PREVIOUS APPEAL A previous appeal ~4~ (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 aha was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) ,~.V, cn'ia~ce to Section 280A Subsection (~-~" A Variance to the Zoning Ordinance is requested for the reason that ~ Z~ ~o~z~, ¢ ~ntin~o~h~rside) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~+ "iL ~w~-- -~Z ~-. "? 3 "/r" (~ 'v-~ c~ ~_. Ocr2 2. The hardship created is UNIQUE and is not shored by all properties alike in the' immediate vicinity of this property and in this use district because CT'f ~c ~ ~ C i(7 Y ~(1 ~ 3. The /ariance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because I~' o STATE OF NF-~W~YORK ) - ~ · - '~ Sworn to this I -~'"~f'~ , day o~ .~...~.,~... 19b Notary Public TERRI LEE EL~K NOTARY PUBLIC, State of New York No. 52-6!63:'95 Qualified in Suxc, n. i;oxn~ Poliq~o 1280762 SCHEDULE ^ ALL that certain plot, piece or parcel of land, with tl~e buJ].di~ca thereon erected, situate, lying and being at Fisher's Islar]d~ Town of Southold, County of Suffolt~ and Stateof New York~ bou~]ded and described as follows: BEGINNI!'[G at a locust post in the northeasterly corl]er o'~' promises hereinafter described being 5~19.48 feet norw] of a point %~hi~'.~] 997.[~2 ~'eet west of another monumen~ ma~q~ir]g the United States Coast and Geodetic Survey Triangu. lation Station "PROS"; Running thence south 03 degrees 59 minutes ~0 seconds wes5 along now or formerly of Pierre S. Du~ont, 110.22 fcet; Thence south 87 degrees 34 minutes 40 seconds west, 109.8~ feet; Thence north 03 degrees 59 minutes 40 seconds east 106.86 feet; · Thence north 85 degrees 51 minutes l[0 seconds east 110.23 feet point or place of beginning; Together with a Right of Way of ingress and egress 5o and from the above described premises over a 10 foot right of way the center line of said Rignv of Way being described as follows: BEGINNING at a po:Lnt on the southerly line of Avenue B, said point oe~]g south 78 degrees 03 minutes 10 seconds east, 5.05 feet from the monuzz:env being norvn 5366.65 and west 1096.93 from the UnJ. ted States Coast and Geodetic Survey Triangulation Station and Thence running south 03 degrees 59 minutes 40 seconds wes5, 63 feet; Thence south 08 degrees 35 minutes easy, about 93 feet.