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Home My WebLink About1008 TOWN OF SOUTHOLD, NEW YOEK ACTION OF THE ZONING BOARD OF Al'PEALS Appeal NO. 1008 Dated December 5, 1967 ACTm~s~p~rH~ zooms BO~D OF ~FnUS OF T~ TOV~ OF ~UT~OL~ To Joseph and Sophie Cherepowicz Main Road East Marion, New York 11939 DATEJanuary..5, 1967 Appellant at a meeting of the Zoning Board of Appeals on Thursday, was considered and the action indicated below was taken on your (If4 Request for variance due lo lack of access to property ( ) Request ~0r a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) January 5, 1967 the appel/ 1. SPECIAL EXCEPTION. By r~sointion of the Board It was determined that a special exception ( ) be granted ( ) be :derded pursuant to Article ............... SectiOn ...... [. ........ Subsec~;ion ........... ' ..... ~ragraph ......... ' ..... of the Zoning Ordinance, and the decision of the l~uflding Inspector ( ) be reversed ( ) be confirmed becaus~ 8:00 P.M.(E~S.T.), Upon applica'tion of Jqseph-and Sophie Cherepowicz, Main Road, East Marion, New York, for a reco'gnition of access in accordance with the State of New York Town Law, Section 280A. Location Of property: east side Shipyard Lane, East Marion, New York, hounded north by Main Road, east' by Marion Manor Sub- Manor Grove, south by Northern Oyster Co-Reeve, west' by Shipyard Lane -Others. 2. VAP~IANCE. By resolution of the BoaPd it was determined that . (a) Strict application of the Ordinance (would)~ '(would not) produce practical difficulti~.s or unnecessary hardship because SEE REVERSE (b) The hard;ship created (is) (Is not) unique and (~ould) (would not) be shared by all properties aBke in the immediate v~cinity of thIs property and in the same use distr~ct because SEE REVEESE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (~would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) he confirmed ( ) be reversed. APPROVED ZONING BOARD OP APPEALS Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the appellant requests approval of access. The proposed access will be fifty feet wide and serve four interior lots. The Board finds that this access has been discussed by the appellant with the Southold Town Planning Board. The Planning Board has advised that four lots could be approved by the Board of ~ Appeals. The Board finds that the lots along the ~ght of way will all .have at least 100 foot frontage and 12,500 square fee% of area. The Board {i~d~ .that ~he right of way will be accessible to all emergency equipment. The Board f~ds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alikein the immediate vicinity of this propertY and in the same use district and the variance does observed the spirit of the Ordinance and will not change the character of the district. Thereofre, it was RESOLVED that Joseph and Sophie Cherepowicz, Main Road, East Marion, New York, be granted permission for approval of access on property located on the east side Shipyard Lane, East Marion, New York, as applied for on the application to the Board of Appeals, application dated December 5, 1966, subject, however, to the final approval of the Southold Town Building Inspector. NOTICE OF HEARINGS ~ ~ oac~k, Location of properS: northeast corner of Crescent Avenue and Mon- Pursuant to Section 267 of the Town tauk Avenue, Fishers Island, New York, Law and the provision~ of the amended bounded north by West End Land Co., Building Zone Ordinance of the Towzz east by School District, south by Mon- of Southold, Suffolk County, New York, tauk Avenue, west by Crescent Avenue. public hearings will be held by the 9:05 P. M. CE.S.T.), upon application Zoning Board of Appeals of the Town of George J. BerrY, Willow Pond of Southold, at the Town Office, Main Lane, Southold. New York, for a special Road, Southold, New Y~rk, on J,s~.u- i exception in accordance with the Zon- ary 5, 1967, on the folinwmg appeals. ~ lng Ordinance, Article IV, Section 408, ?:30 P. M. (E.S.T.), upon application Subsection A & B, for permission to of Wrflliam Clarke, Esc~, ~a~tituck, retain the following signs. 1) an on New York, a/c R~binson J. Goodale, premises sign on the north side Main Peconic Bay Blvd, Jamespert, New Road, Peconic, New York, bounded York, for a variance in accordance north by Charles Slama. east b~ with the Zoning Ordinance, Article Charles Slama, south by Main Road, III, Section 303, Article X, Section west byCharles Stama; 2) an on prem- 1000A, for permission to divide prop- ' lscs wail sign on the south side Hum- erty with insufficient irontage and mell Avenue, Southold, New York, area. Location of property: west side bounded north by Hummell Avenue, I Mariene Lane, Mattituck, New York, east by Boisscau Avenue, soUth by I bounded north by R. J. Goodaie, east Long Island Railroad, west by George ~by Marlene Lane, south by W. J. p. Erath. ~Clarke, west by Mattitack Park Sub. ~ 9:15 P. M. (E.S.T.), upon application 1 7:40 P. M. (E.S.T.), upon application of Irving C. Wells, Legion Avenue, |of Kyrfllos Charalambides, 1550 Central Mattituck, New York, for a special Drive, Mattituck, New York, for a exception in accordance with the Zon~ variance in accordance with the Zon-, lng Ordinance, Article IV, Section 403 lng Ordinance, Article III, Section 300, 8ub~ection A. for permission to retain Subsection 6, Article VII, Section T0~, an off premises sign on the property for perm/ssion to retain an aceessory of Peter Newell, located on the eas*~ building in the front yard area. Loca- side Main Road, Mattituck, New, York, tion of property: North side Central bounded north by M. S. Wlckham, Drive, lot numbsr 79, in Capt. Kidd east by Alice Boutcher Est., south by Ordinance, Article III~ Section 300, Sul~ection q and 10, for permission to retain an off premisss name pla. re sign iLocation of property: south east side !Strohson Road and Little Neck Road, Cutcho~ue, N. Y., bounded north by Strohson Ro~d, east by L. M. Mason, south by Creek, west by Little NeCk 0:00 P. M. (E.S.T.), upon application of Joseph and .Sophie Cherepowicz, Main Road, East Marion, New York, ior recognition of access in accordanc~ with the State of New York Town Law,i Section 280A. Location of property: east skle Shipyard Lane, East Marion, Ne~ York, bounded north by Main Road, east by Mar/on Manor Sub.-- Manor Grove, south by Northern Oy- ster Co.- Reeve, west by Shipyard L~ne--others. ' 8:10 P. M. (E~.T.), upon application ~of John Wickham, Wickham Fruit Farm, Main Road, Cutchogue, ~ew York, for a special exception in accord- ance with the Zonio~g Ordinance, Ar- ticle IV, Section 408, Subsection A, for permission to retain an on premises ~gn with insufficient setback from the property line. Location of property: south side Main Ro~d, Cutchogue, New York, bounded north by Main] Ro~d, east by H. L. Pleet Est., south by Wickham Creek,---P. Tuthill, west by F. TuthilL 8:30 P. M. (E~.T.) upon application of Chester Oriowski. a/c Our Lady ol Ostrabrama Church, Depot Lane, Cut*, cho~ue, NeW York, for permission to retain a directional sign on the prop-, erty of Cora W. Wolf, located on the' south side Main Road, Cutohogue, New i York, bounded north by Main Road, east by H. L. Flcet and Ano., south by H. L. l~ect and Ano., west by Anthony Blados. 8:30 P. 1~ (~..8.T.L upon appUeation of Agway Petroleum Corp., Pulask/ Street, Rivorhead, New York, a/c Ted Kios Service Station. Main Road, Pe- conic, New York, for a special excep- t/on in accordance with the Zoning Ordinance, Article IV, Sec-i/on 40~, Subeection A, for permission to retain an on premises pole sign w/th insuf- ficient setback. Location of property: 'south side Main Road, Peconic, New, York, bounded north by Main Road, east by M. Konarski, south by E. Hor- ton, west by E. Horton, 8:40 P. M. (E~.T.), upon application of New, ton Robbing, Capt. Jim's Row- boat Station, Third Street. New Suffolk, New York, for a special exception in accordance with the Zoning Ordinance. Article III, Section 300, Subsection 10, for permission to retain an off prem- ises directional sign with insufficient scthack. Location of property: north east corner of Main Street and Third Street, New Suffolk, New York, bound- ed north by Helen Aponik, east by Dante A. Lorti, south by Main Street, West by Third Street. BY ORDEI~ OF THE SOUTHOLD TOV~I BOARD OP APPEAL~ FFOLK YORK t ss: itney Booth, Jr., being duly sworn, soys he Editor, of THE LONG ISLAND ~,TTITUCK WATCHMAN, a public news- Southold, in Suffolk County; and that :h the annexed is a printed copy, has been d Long Island Zraveler-Mattituc,k Watch- week for ...... (.(~?.~.~.-f~....~f/...../..... week~' nmencing on the ............. ~...~/...?.~f~ ...... to before me this ....... ~.~.~/. ........ doy of ~o~ Vubnc ~/ Main Road, east by I. Levin, and west by North Fork Bank and Trust Co. 2) one road side sign on Road, east by H. Pollak, ~outh by i~ie~i_ GREENPo/Fro N. Y.. FIIIDAY0 DECEM~ 30. 1966 Notice of Hearings Pursuant to Sect~n 26? of the Tow~ Law and the provisions o! the amended Bu~Iding Zone Or- dinanee of the ~own of Southold, Suffolk Cou~t~ New York, public hear~g~ will "be held ,by the Zoning Board of Ap/)eals of the Town of South~ld, at the Town Office, Main Road, Southold, .New York, on January 5, 1~67 the £oliowing s~pe~ls: 7:30 P~L (E.S.T.), U~on aI~Pll- c~tion of William Clarke, Esq., ~U~a~t~ck. Ne~Y~rk, a/c Robin- son J. ,Goc~d~e, Peconic B~y ~Blvd., ~an~0~t, New York, for a ~arLanee in acoordance with the Zon~p~ Ordinance, Article III, Sec- t~on 303, A.r~[cle X, Sectlo~ 1000A. ~or permi~lon to divide prc~ert~ ~th in~o~.fl~ienf~ f~ontage and area Loc~t, ion of p~eerty: west M~rlene Lane, i~at~itu~k, New Y~rk, boo~ded ~ by ~. J. ~oodale, ~ast by M~rlene La~e, : smith by '~V. J.' Clarke, w~st by i l~attF~ck Park Sub. cation of Kyrilk~ C~ar~lamb~d~. 1550 ~ Dr~ve, M~ttltuck, New Ylc~k, for a ~ 1~ aec0~d- a~ee wi~h the Zoning Ordinance, Article III, Sectima 300~.Subsection 6, Article V~, Sectio~ ~03, for ~er- bolld~ in the front y~rd area. Location of ~pe~ty: north ,~ide Ce~tnal Drive, lot ~umber ~9 in ~pt. Kidd ~st~tes, New c~tion of ~l~ank A. McGee, ~m P,o~d, Ou~, New York, ~0~ a ~rpecial exception in accord- ~ with the Zonhlg ~rtic~e I~I, Section .200, Sub~eotion ~ an~ 10, l~r ~ern~ssion to retain ~n off ~remise~ n~ne plate si~n. Location o~ ~rty: south ~lde Shr~hson Ro~d and Ltttle Neck Ro~d~ ~tcho~ue, New York, ea~ by L. M. ~Via~on, ,~h by Creek, we~ by ~e Ne~ ~. K~ Y~k, for ~tion ~ ~- ~of N~ York T~ ~w, ~ction ~. ~ of ~y: ~ N~ York, b~ ~ by ~c~, ~ by ~on ~r Sub.- y~ ~e-o~ers. ~ion ~ rein ~ on n~ by ~n ~, ~t by H. L. York, ~ed ~h by ~, ~ ~ H. L. ~t ~ ~o., Fork B~ulk and Tsus~ Co. 2) one !~ad ~d~n on ~e ~rty of C. ~K, ,~l~, 1~ on ~e ~h ~de ~ ~, ~ltuck, N~ Y~k, ~ ~th by ~ ~, ~by H. P~, ~uth by C. ~- ~i, w~ by F. C~-C. Kol~ ~y ~ H. B. ~b~, lo- ~h by ~I~ ~y~o, e~ by ~ ~, ~h by D. ~bi~n- ~th~s, w~ by ~n~ I~a~ ~1- 9:00 P~. (~.T), Upon ~tion ~ ~e~ ~ ~i~ ~1, ~a~ Avenue, in ~e ~ ~e Zon~ ~- ~n~ce, ~i~e ~, ~lon 301 A, ~ ~ ~t a ~ch ~ ~ve he~t ~d ~t~k L~a~on of p~erty: n~h e~ ~ner :~ ~scent ~em ~, N~ York, ~- ~ ~th by W~t ~d ~d ~o., ~t by ~1 D~, ~h by ~on~ Avenue, w~ by ~nt ~ uf ~e J. B~ry, Will~ P~ ~, ~oid, New Y~k, ~ ~ ~he ~n~ ~di~ce, ~de IV, ~ti~ ~, ~, f~ ~n ~ ~in the ~f~ s~. 1) ~ on ~- m~~en~de ~ ~. ~, N~ Y~k, ~d- ~ ~h by Charles Sl~ ~ by ~1~ ~ ~uth by ~n ~ on p~se ~l si~n on the ~,~id, N~ Y~k, ~ by ~ell Ave~ ~t by ~u Aven~, ~th by ~ ~d ~, ~t by ~ge E.~. 9:1~5 P~. (E.~.T.), Upon appH- ~tion of I~i~ C. WeHs, Le~ion[ Aven~, ~t~it~k, New York, for a ~ ~e ~n~ Or~e, ~i- cle IV, ~n ~, Su~t~ A, lor ~ion to rein ~ off pre- ~ ~n on ~e ~o~y of ~ N~eH, ]~ ~ ~e ~t s~e ~ ~n ~, ~ck, ~ Yo~k, ~u~d~ n~h by M. S. Wi~, ~t by ~ce ~u~her ~., ~uth by ~y Kimb~. west by ~n ~. ~y ~r~n d~ to ~ he~rd on ~y of ~e ~ve ~plications ~o~d ~ a~ ~e ~me ~d ~l'~; ~ 15, 19~, BY O~ OF T~ ~U~O~ ~D30 1 ~ ss: =:. · .~...~. · .~.? .... being duly Sworn, Printer and Publisher of the SUFFOLK wspaper published at Greenport, in said ~otic~, of which the annexed is ~ printed ~hed in the said Suffolk Weekly Times r ......... .(/'...~J-~.~. ............. weel~ :lng on the . :~~ ......... thi~ .,~.?.-. :.. 1 · '('c' ...... r.':- ..... ..... ..... ...... ,.. c~$ion of Agway Petrgleum Corp., ~ S~t, Riv~rh~, New Y~k, ~/c T~ ~ ~l~ ~, ~n ~, P~c, New York, for a ~ exception ~, ~lcle ~, ~ S~on A, ~r ~n ~ re- lns~l~ie~t ~t~. ~tlon of )r~y: ~ sl~ Main ~, P~c, N~ Y~k, ~nd~ ~ by ~n ~, ~t by M. ~, ~uth by E. Horn, byE. ~. 8:~ P~. (~.T), U~n ~li- ~tion ~ N~ ~, ~gt. J~' ~ S~tion ~d S~, New ~, N~ Y~k, for ~ sg~ e~eptl~ ~ ~ce ~h ~e Z~g ~dl~, ~icle ~, ~t~ ~, SuCtion 1~, for ~i~ ~ r~n an off ~rem- S~t ~ ~r~ ~tr~t, New Suf- iolk, N~ York, ~n~ no~h by ~len Ag~k, ~ by ~ ~i, s~ by ~n S~et, west ~y Ta~d 8:~ P~. (E~.T), U~n ~pli- catt~ ~ ~ell P. Sill~k ~en- cy~ M~ S~eet, Ou~ogue, New Yo:k, icc a ,~ e~p~lon ~ ~th the Zo~ ~n- a~, ~icle IV, ~ction ~8, ~b- ~ction A~, ~d A~M~e IlL ~ct~on 3~, S~ctton 10, f~r ~r~on t~ r~n the fo~g signs: 1 ) one on ~e~ ~d ~ wi~h in-, aulf~n~ set~ck from the ~y l~e, ~ ,~wo sig~ on the~ f~ of the bail~g. ~tion ~rty: ~u~ ,~e M~n ~c~d, ~, N~ Y~k, ~d~ ,~h by ~ RO~d, e~ by I. ~e~n, ~ ~d w~ by No~h' TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 0 eY DATE Z9 .6 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~[e)J.°...s. ?..~....&....~.°. ~.~...i. ?.....C:. ~ .e. ?..?.~..°;.~..i..~ ~... o f .... i: ....... ~.q.i.~'..~.o..~. ~ .......................................... Name of Appella,nt Street and Number East Marion ......... I~'.:..Y..: .......... HEREBY APPEAL TO Municipality State - THE ZONING BOARD O'F APPEALS FROM THE DECISION oF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ......................... i ........... DATED ...........~..e..?..e.~.~..e..?....~.~....~..~.~..~.. ..... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit . ~:l~..~oa~l, .....~, $.u..~.ta ~.zo.la~ ....... .t~...~ .......................................................... Street and Number State - Municipality PERMIT TO USE PERMIT FOR OCCUPANCY Appro~ai of Access on private R,0,W, 1. LOCATION OF THE PROPERTY ...~/..~ ..... '.S...h.i.~.~.r..a..r...d.,.~.a..~...e. ................................ ]'..A..'.'.....d..1. AJ;..r..ict Street Use District on ZOning Mop ..... ..x...~....x..x.. ............................... ............ ..x.~..x..x. .......... .East Marion, N.Y. lv~ap No. Lot No. 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.) Twon Law sec 280-A 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the'Zoning Ordinance or Zoning Map A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 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 to the Zoning Ordinance ( ) is requested for the reason that ~ We ~ish to end of our farm~ side of Shipyard sell 4 interior lots on the south these lots are on a private road off the easterly !ane~ East tV~rion, Form ZB1 (Continue on other side) REASON FOR APPEAL Continued -1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because : The proposed lots are all over 100 ft wide and 12~500 square foot in area~ and wi!! be located on a private road about 50 ft wide, Th~ matter ha~ been discussed with the planning board~ and they advised L~ lots only could be approved by Board of AppeAls. We do not intend to sell more than these four lots at this timer so denial of access would be an un necessary hardship, 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 : This is the only ava!iab!e way to get into the farm land from this street~ the access will also be used for farm purposes as always. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because : The prospective purchasers intend to build new homes on these lots ~nich will be in keeping with the residential charicter of the other houses on this street and area, STATE OF NEW YORK ) COUNTY OF S~ffolk) ~gnature Sworn to this 5th day~of...i ..... Dece~ber ' · , 19 66 Notary Public /,~ ~ j ~,~A~ION A, REGE,'~T~ v NOTAEY Pi~ m ~,-a,-~ ~: ?,~w York ~1o. 52-3233120 SuKcik County Ie~m 5x~ires ~tarch 30, 19~7