HomeMy WebLinkAbout3710Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 37]0
Application Dated February 3, ]988
TO: The Cove at S0uth01d, Inc.
5044 Expressway Drive South
Ronkonkoma, NY 11779
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on June 2, ]988,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning.Ordinance
Article X! , Section 100-]]9.2(B)
[ ] Request for
Application of THE COVE AT SOUTHOLD, INC. for a Variance under
Article XI, Section 100-119.2 of the Zoning Code, for permission to
locate buildings 75 or more feet from the N.Y.S.D.E.C. determined
tidal wetlands line and at not less than 18 feet from the Town Trustees
determined wetland grasses as approved under Trustees Permit Application
No. 601. Location of Property: South Side of Main Bayview Road,
Southold, NY; County Tax Map Parcel No. 1000-87-5-20.
WHEREAS, an application was filed on February 3, 1988
in the Matter of The Cove at Southold, Inc. under Appeal No. 3710;
and
WHEREAS, public hearings were held on March 17, 1988
and April 14, 1988 concerning the request for a Variance under
the Provisions of Article XI, Section lO0-ll9.2(B); and ]
WHEREAS, the Board has carefully considered all testi-
mony and documentation submitted concerning this application; and
WHEREAS, on May 17, 1988, Local Law #15 of 1988 was
adopted by the Southold Town Board; and
WHEREAS, Local Law #15-1988 amended the provisions
under Section 100-119.2, subsection B of the Zoning Code, to
exclude those projects which are upon "lands not bulkheaded
and are subject to a determination by the Board of Town Trustees
under Chapter 97 of the Code of the Town of Southold"; and
WHEREAS, notification has been received that Local
Law #15 was filed with the Secretary of State on or about
May 25, 1988; and
WHEREAS, the subject premises is not bulkheaded
and has received conditional approval from the Southold Town
Trustees under Permit #601; and
(CONTINUED ON PAGE TWO)
DATED: June 6, 1988.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - A~pl. No.3710
Matter of THE COVE AY SOUTHOLD,
Decision R~ndered June 2, 1988
INC.
WHEREAS, it has been held in the Courts that the
law that exists at the time of a decision will apply [Alscot
Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471 NYS2d
669 (1984, 2d Dept.]; (Aversano v. Two Family Use Board, 117
AD 2d 665, 498 NYS2d 403 [1986, 2d Dept.]); [Cathedral of
the Incarnation v. Glimm, 61 NY 2d 826, 473 NYS 972, 462 NE2d
149 (1984)];
NOW, THEREFORE, on motion by Mr. Goehringer, seconded
by Mr. Grigonis, it was
RESOLVED, that for the reasons noted above, this
Board is without jurisdiction to act on this application, as
applied.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Grigonis, Douglass and Sawicki. This resolution was duly
adopted.
lk
GERARD P. GOEHRINGER, C~[~4~IRMAN
June 6, 1988
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLF. MK
DATE&/~/iY HOUR 3"~'~a~