The URL can be used to link to this page

Home My WebLink About1000-122.-5-3 TOWN OF SOUTHOLD, NEW YORK DATE April...29, 19 ACTION OF THE ZONING BOARD OF APPEALS Public Hearing: 4/8/71 Appeal No. 2112 Dated March 9, 1976 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOVrN OF SOUTHOLD To John Simicich Appellant Ole Jule Lane (Charles R. Cuddy, Esq.) Mattituck, N. Y. at a meeting of the Zoning Board of Appeals on April 29, 1976 the appeal was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ( ) Request for a special exception ux,der the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 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 :25 P.M. (E.S.T.) upon application of John Sinicich, !�ox 6'48 , Ole Jule Lane, Mattituck, New York for a variancc in accordance witj the Zoning Ordinance, Town Law Section 280A, for permission to construct dwelling with lack of approved access. Location of property: west si,7e Ca-7up "'ineola Road, I-lattituck, iiew York, bounded on the north by Stout & Van den '��osch; east by Cal-lip 'Iineola Road (Pvt. Rd. ) ; South by Kraus , Grc.�ieler, De Petris; west by Ole Jule Lane, Donbrava, Papish, Zanowshi. 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 or unnecessary hardship because SEE REVERSE (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 RLVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SLE REVERSE and therefore, it was ftu�ther determined that the requested variance be granted be denied and that the previous decisions of the Building Inspector be confirmed be reversed. SEE RLV2-:�RSE ZONING BOARD OF APPEALS FORM ZB4 Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to construct dwelling with lack of approved access on the west side of Camp Mineola Road, ilattituck, New York. Applicant has offered to reserve 12 1/2 feet along the westerly boundary of Camp P41neola Road for future road dedication and has agreed to repair private road wilich was I-aved at the expenseof his neighbor to the south, Jane 1-�ooth :,cGrath. The Leard feels that it would be L-cne- ficial if neighbors on both sides of Camp Mineola lRoad would match applicant' s offer of reserving 12 1/2 feet in an effort to solve the road problem. The Board agrees with the reasoning of the applicant. The Board fin,3s 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 im-mLiate vicinity of this property and in the saiue use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THIEREFORE IT WAS RESOLVED, John Si-;,-iicich, Ole Jule Lane, "attituciz, liew York be GRAONTED permission to construct dwellin� with lack of approved access on the west side of Camp Mineola Road, iattituck, New York, as applied for, subject to the following conditions : 1. That applicant reserve 12 1/2 feet on the easterly ljordcr of the lot to be created by this action contiguous to the westerly border of the present Camp Mineola private road; and that applicant agree to dedicate this property for a Town road proviaing the adjoining neighbor to the south, Jane Dooth F,cGrath, also dedicates 12 1/2 feet; and providinq the neighbor to the east, Marguerite !.orris, also dedicates 12 1/2 feet on the easterly side of Camp mineola Road. 2 . A further condition is that you, the applicant, shall repair and restore to its original condition the present private road from Eraus Road up through private road on your own property (it may be necessary to fill the potholes with blacktop) subject to the approval of the '5uilding Inspector. 3. This appeal is subject to Suffolk County Planning Co-nission approval for the reason that this property is located within a mile of miattituck PArbase. Vote of the Loard: Ayes:- messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Ln Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. 11971 Telephone 765-2660 APPEAL BOARD MEMBERS Robert W. Gillispie,Jr., Chairman Robert Bergen April 23 , 1976 Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Charles R. Cuddy, Es q. Tooker, Tooker & Esseks 108 East Main Street Riverhead, New York 11901 Re: John Simicich - Variance , 280A Town Law Dear Mr. Cuddy: I believe the Board of Appeals agrees that the decision on the above application should not be further postponed. Accordingly, we will make the decision on April 29th, 1976 at 7 : 30 P.M. The applicant' s offer to reserve 12 1/2 feet along the westerly boundary of Camp Mineola Road for future road dedication seems fair. Hopefully, it will be matched by others on both sides of the road, in an effort to solve this road problem. Very truly yours RWG:mm Robert W. Gil i Chairman CC: Southold Town Planning Board Jane Booth McGrath William Gremeler & Wf April 15, 1976 Charles R. Cuddy, Esq. Tooker, Tooker & Esseks, Esqs. P. 0. Box 268 Riverhead, New York 11901 Re: John Simicich Appeal Dear Mr. Cuddy: I am in receipt of your letter of April 9, 1976 in reference to the above-captioned matter. The next regular meeting of the Southold Town Planning Board will be held on May 3t 1976. 1 will send you a card indicating the time of your appointment for that meeting. Yours truly, Muriel Brush, Secretary Copy to Southold Town Board of Appeals 1976 Charles R. Cuddy, Esq. Tooker, Tooker & Esseks, Esqs. 108 East Main Str ----'. Rijrernea6 , gew YorK il. "J)'L Re: John Simicich property it Carip Mireola Road, Xatti�uclk, Few York Dear Mr. Cuddy: I am in receiDt of your letter of ADrii 9. 19716 in which you request a meeting with thc 'Southold Toici Planning Board regarding the above-caDtioned subuivision. I will forward copies of your letter to the Planning Board for their perusal. Meanwhile, I do not have another LCE�+.--*,ng .--,)r the Planning Board until May 3rd. I have given yoti an appointment for that 4ate and will inform you of the time at a later date. Yours truly, Muriel Brush, Secretary ToOKER, ToOKER & EssEKS COUNSELORS AT LAW 108 EAST MAIN STREET CLYDE TOOKER (1896-1971) R 0. Box 268 ROBERT L.ToOKER RIVERHEAD, N. Y. 11901 WILLIAM W. ESSEKS 516 PARK 7-3277 MARCIA Z. HEFTER CHARLES R.CUDDY ANTHONY B.TOHILL STEPHEN R.ANGEL April 9 , 1976 Southold Town Planning Board Main Road Southold, New York 11971 Attention: Mrs . Muriel Brush Secretary Re : John Simicich - property at Camp Mineola Road, Mattituck, New York Dear Mrs . Brush: We appeared on behalf of and together with John Simicich before the Southold Town Zoning Board of Appeals on April 8 , 1976 . The application made by Mr. Simicich was to obtain a variance pursuant to Section 280-a of the Town Law. The Zoning Board of Appeals requested that we consult with the Planning Board - not as to the variance application - but as to the question of whether Mr. Simicich would reserve a portion of his property along the westerly boundary of Camp Mineola Road for future dedication to the Town in the event that a public road 50 feet in width is laid out. Mr. Simicich has indicated that he is willing to reserve a portion of the lot in question to a depth of 12 1/2 feet as the same runs parallel to Camp Mineola Road. With this 12 1/2 feet together with 12 1/2 feet from the owner on the easterly side of Camp Mineola Road, there would be sufficient width for a 50 foot road. Our map presently shows that Camp Mineola Road is 25 feet in width. We would be pleased to discuss this matter with the Planning Board and, in fact , the Zoning Board of Appeals has requested that we appear before you at your April 19th meeting. Would you Southold Town Planning Board April 9 , 1976 Page Two kindly schedule our appearance and notify us of the time when the Board will consider this matter. Thank you. Very truly yours , Charles R. Cuddy CRC:mgw Copy to : Mr. John Simicich ToOKER, ToOKER & EsSEKS COUNSELORS AT LAW ioa EAST MAIN STREET CLYDE TOOKER (1896-1971) P,0 Box 265 ROBERT L. TOOKER RIVERHEAD, N. Y, 11901 Wil-LIAM W. ESSEKS 516 PARK 7-3277 MARCIA Z. HEFTER CHARLES R. CUDDY ANTHONY B-TOHILL STEPHEN R. ANGEL November 18 , 1975 Planning Board of the Town of Southold Main Road Southold, New York 11971 Gentlemen: Enclosed herewith are twelve copies of proposed minor subdivision, which is submitted as a sketch plan, surveyed for our client, John Simicich. As indicated by the survey it is proposed to divide the property into four lots , each of which are 40,000 square feet with the exception of one lot which is 114,486 square feet. Kindly place this matter on your regular meeting agenda and advise us as to the date and time of that meeting so that we may attend on behalf of John Simicich. Very truly yours , (�2� (��C-L� Charles R. Cuddy CRC/pc Encls . J-) -;;19 Lv 4c A >1 I�J CH 14 c2, N if Ar f 'T V) 44� goo 363'S5 4 ts. roe se �-7v TO 7WD SURVEY 15 A VISRATIPH DF f 5EMDN 72 F EDUCATION"o. DHE NEW YORK STAIR coWS OF TH U 5 U VlSj So R...MAP N.1 REARINC I TlLk'�� .... LA'..D'SIAL TD DE A YALID TRUE Coly GHAnANTE3 N1H-lAf'.01. SHALL kU ONH;T.;11, N I I �H S -5 IEFFAI L, , , -11 i I "TU SO 'E'll � I I A E 11 Q .... . N "S" lf" P. AND T-Ell A I T E I mi , 571� FLY N E T TRA 5FRR'A. I T. DD, S,UITI w A u JOHN �51M Cl CI-11 �)R. 44 r)e� .9 74 ,w -o"" 1 "�—74:i"r VAN MANEN 0 OiLeJULANJIF 5 I to MINOr.? SUi50tVt510N (NJ MnOf-= F=012 V JQE�4N S I tV -t4 q W45 LOC4710N oigp�s-lr-2115 19 it-on p4pe peamm RECEIVED BY SOUTHOLD, TOWN PLANNING BOARD �NAUMQEIZRD AJERATJON OR ADEFFEREFES UP 3 1981 SUffotk CoUrt+V_MX (oap C)MI +,oily: �O III IIJIVEY 11 A VIOLAICN OF DATE 1I ICTICN 7209 OF TTE NEW YO1M STATE 10,00, Sigc+ 12,2, 61k,5j#/0 Pci, EDUCATION LAW� OF THIS �'Wll N.�MASING Mccloped JW5 e., 198/ IHE LAID 5URVE'OR I I -C�EA 09 1 '�4,rEta =)led '4"- ees./441m t 11Af` "I .IONSIDERIONS TO Of A�VALIC 11W,'Olv Ill MNL,P Com4ours ftII *Le Co, D.F.W. cdwicif; COARANRFS'IUI��,r,ll IFFICS,SNAIL .Illy 1.111 1. "1,I.,SVIII.THIS GORRVIV IS RI ARSED,A,0 0)k� I TO ME wa4er seffige dio��[ Syt"(M IM COMPAIIY�uOVF94)AlIrAL "�FSINFE IIIIIIIIIIIIII LITII 1w=fMDM` Co. cKE AI()I TTL EfDONG;;W Nawy I/ork GUARANTEES Ala NOT ME1110I .................jTW1041 Of