The URL can be used to link to this page

Home My WebLink About2251 TOWN OF SOUTHOLD, NEW YOEK ACTION OF THE ZONING BOAI~D OF A~PEALS Appeal No. 2251 Dated February 24, 1977 ACTION OF THE ZONING BOARD OF APPE;~LS OF THE TOWN OF SOUTHOLD To Barbara A. Berdinka (Abigail Wickham, Esq.) Main Road Laurel, NY DATE..~.~....~0, 1977 AppeIlant at a meeting of the Zoning Board of Appeals on March 10, 1977 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 ( ) 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 9:00 P.M. (E.S.T.) upon application of Barbara A. Berdinka, Main Road, Laurel, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-60 A (1) and Bulk Schedule for permission to convert existing accessory building to dwelling. Location of property: north side Main Road, Laurel, New York, bounded on the north by now or formerly Young & Scholtz; east by now or formerly D. Catalano; south by Main Road; west by now or formerly Y6ung & Scholtz. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary 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 REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ^P P OV F..D/ .. /1'-/ ,", ~< {/ (/~ 'ZONI~I~ BOARD OF APPEALS ) be denied and After investigation and inspection the Board finds that the applicant requests permission to convert existing accessory building to dwelling, north side Main Road, Laurel, New York. The findings of the Board are that the applicant's property is too small for two residences. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the char- acter of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Barbara A. Berdinka, Main Road, Laurel, New York be DENIED permission to convert existing accessory building to dwelling, north side Main Road, Laurel, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. RECEIVED AND FI , D BY THE oOUI,~.£D TOY~:'I~ CLERK DATE ~//'/?? HCUR/~.. Town Clerk, TO%%T. Of ~out~mM Legal Notice 9:00 P.M. Main Road, -2- Hearings: (E.S.T.) upon application of Barbara A. Laurel, New York (Abigail A. Wickham, Esq.) March 10, 1977 Berdinka~, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-60 A (1) and Bulk Schedule for permission to convert existing accessory building to dwelling. Location of property: north side Main Road, Laurel, New York, bounded on the north by now or formerly Young & Scholtz; east by now or formerly D. / Catalano; south by Main Road; west by now or formerly Young Scholtz. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 25, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, MARCH 3, 1977, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the Agway Petroleum Corp. William Wickham, Esq. Abigail Wickham, Esq. following on February 2~, 1977: a/c John P. and Mary F. Krupski Stanley W. and Walter J. Krupski a/c Barbara A. Berdinka 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, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Seuthold, New York on Thursday, March 10[ I~F/, on the following appealsi~ i~' ~ 8:15 P.M. (E.S.T.) upon ap- plication of Agway Pe~oleum Corp., P.O. Box 705, Pulaski Street, Riverhead, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permission to operate a self- service gasoline station. Location of property: west side Youngs A,'enue, Seuthold, New York, bounded on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmith & Tuthill and Long Island Railroad; west by Goerge Alders & others. 8:35 P.M. (E.S.T.) upon ap- plication of John P. and Mary F. Krupski, Depot Lane, Cutchogue, New York (William Wickham, Esq.) for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- ' mission to set off lot with existing building. Location of property: northeast side of Depot Lane, Cutchogue, New York, boanded on the north, east, and south by other land of applicant; west by Depot Lane. 8:45 P.M. (E.S.T.) upon ap- plication of Stanley W. Krupski, Middle Road, Cutchogue, New York and Walter J. Krupski, 146 Bridge Lane, Cutchogue, New York (William Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Balk Schedule for permission to set off lot with existing building. Location of property: north side CR27, Cutchogue, New York, bounded on the north by other land of applicant; east by now or for- merly Henry Taca; south by CR Zoning Ordinance, Article III, Section 100-60 A (1) and Balk Schedule for permission to convert existing accessory building to dwelling. Location of property: north side Main Road, Laurel, New York, bounded on the north by now or formerly Young & Scholtz; east by now or formerly D. Catalano; south by Main Road; west by now or formerly Yoang & Seholtz. -- Any person desiring to be hea~ on the above appeals should appear at the time and place above specified. Dated: February 25, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TM3--2625 · being duly Sworn. ~er of lhe SUFFOLK a't Greenport. in said mmexed is a printed .... lf0olk Weekl~r Times i week, ~or one (].) weeks commencing on t~e l:h:ird [arch - - 7 ? · .'.:':~<.~....-'~. .. 19 .... .~fore me this .. · .... 27 (Middle Road); west by other land of applicant. [ 9:00 P.M. (E.S.T.) upon ap- ! plication of Barbara A. Berdinka, /Main Road, La~el, New York / (Abiga~ A. Wic~am, E~.) for a (variance in accord,ce wi~ ~e ~ LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town-Office, Main Road, Southold, New York on Thursday, March 10, 1977, on the following appeals: 8:15 P.M. (E.S.T.) upon appli- cation of Agway Petroleum Corp'L P.O. Box 705, Pulaski Street, Riverhead, New York for a special exception in accordance with the Zoning Ordinance, Article Vll, Section 100-70 B (4) for permis- sion to operate a self-service gasoline station. Location of property: west side Youngs Ave- nue, Southold, New York, bound- ed on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Gold- smith & Tuthill and Long Island Railroad; west by George Ahlers & others. 8:35 P.M. (E.S.T.) upon appli- cation of John P. and Mary F. Krupski, Depot Lane, Cutchogue, New York (William Wickham, Esq. for a variance in accordance with the Zoning Ordinance, Art- icle Ill, Section 100-30 and Bulk Schedule for permission to set off lot with existing building. Loca- tion of property: northeast side of Depot Lane, Cutchogue, New York, bounded on the north, east, and south by other land of applJzant; west by Depot Lane. 8:45 P.M. (E.S~T.) ttpon app - cation of Stanley W. Krupski, , Middle Road, Cutchogue, New York and Walter J. Krupski, 146 Bridge Lane, Cutchogue, New York (William Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to set off lot with existing building. Location of property: north side CR27, Cut- chogue, New York, bounded on the north by other land of applicant; east by now or formerly Henry Taca; south by CR27 (Middle Road); west by other land of applicant. ~ r- 9:00 P.M. (E.S.T.) upon appli- cation of Barbara A. Berdinka, Main Road, Laurel, New York (Abigail A. Wickham, Esq.) for a variance in accordance witl%the ning Ordinance Artic e I11, ~ci. ion ~00:60 A '(lj an~ Bail; Schedule for permission to con- vert existing accessory building to dwelling. Location of property: north side Main Road, Laurel, New York, bounded on the north by now or formerly Young & Scholtz; east by now or formerly D. Catalano; south by Main Road; west by now or formerly Young & Scholtz. Any person desiring to b~'~ heard on the above appeals should appear at the time and place above specified. Dated: February 2.5, 1977 BY ORDER OF THE 8OUTHOLD TOWN COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK I Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long/Island Traveler-Watch- man once each week for ........... (. ........................... weeks successively, commencing on the . ~..~r ... day of .-~-i..~.~.~t....~ .................. 19...~..~. Sworn to before me this ........ ~ .............. ac]y o, Z~.q-/-...~ .............. 19..1 ..... ~*TH~L PALLADINo NOTARy PUBLIC, State of New · n Suffo k FO~M NO. 3 O TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~-o .~.~.~.....~,.....~ ....... ~.,.~_ .../~.~...~.~..~..L_ ................................................... ~ ......... ~.~.~ ....................................... PLEASE T~KE NOTICE that your application dated ...................... ~....~.~ ....... , 19.~.~. ~o~ ~m,~ ~o ~..~.~.~,.~.~ ~~ ~ ....... ~/~ ................. ........ ~..~.....~:~....~ ....... .~.. s,,~ ~~ .... ~..L..~..~.....~....~..~~....~ ............. ~....~....~ .... ~~....~ ........ ~ ........ ~~ .............................................................. ~.~.~.~..~.~.~.~ ....... ~..~ ............. ~./~.....~.,.~ ........................................ Suffolk County Department of .Planning H. Lee Dennison Execut{ve Office Building Veterans Memorial Highway Hauppauge, New York 11787 Town of Southold Board of Appeals March 18, 1977 Gentlemen: Petitioner: Mun. File No.: S.c.P.D. File Barbara A. Berdinka 2251 SD-77-4 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application which has been referred to the Suffolk County Planning Co~nission is considered to be a matter for local determination. The decision of local determination should not be construed as either an approval or a disapproval. Comments: Occupancy of the accessory structure for living quarters appears inappropriate as sufficient information has not been submitted to demonstrate compliance with established "use variance" criteria; and 80~000 square feet is required for two residences on a single lot. GGN:fp Very truly yours, Lee E. Koppelman Director of Planning by C~i~? ?LAN~qER TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the . . . .~.o.~.r..~...0.~..A. pp.~.&.l..~ ............... of the town of .... ~.O.O,~{)~.~, ................ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance Barbara A. Berdinka ................ Amendment to the zoning ordinance Main Road Laurel, NY ................ Zoning changes ................ Special permits ........ .X.. ..... Variances Location of affected land: ....N/s[..Main..Hc~ad,..Laure,t~...Ne, w..York ............................................. within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ........ .X.. ..... State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: The Board denied this application. 80,000 sq. ft. is required for two residences on a single lot; this lot contains only 26,549 sq. ft. (signed; ~obert W. Gillispie, Jr. Chairman Ut/e Date received by Suffolk County Planning Commission .................................................................................... File No ................................. JUDITH T. TERRY TOWN CLERK I~EGISTRAR OF VITAL STATISTICS ° Southold, L. 1., N. Y. 11971 TELEPHONE 765-3783 February 25, 1977 To: $outhold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: Application of Barbara A. Berdinka for a variance-Appeal No. 2251 to: JTT/bn I haveon file in my office notification by certified mail Irving $choltz, 221 Fishel Ave., Riverhead, N.Y. 11901 E.F. Scholtz, Main Road, Laurel, N.Y. 11948 D.J. Catalano, 28 Joval Court, Brooklyn, N.Y. ~ Terr~'-Clerk WILLIAM WICKHAM, p.c. February 24, 1977 Board of Appeals Town of Southold Southold, N.Y. 11971 Gentlemen: On behalf of Barbara A. Berdinka, enclosed herewith are two copies of Town Zoning Board of Appeals ap- plication, together with notice and firm check in the sum of $15.00. We would appreciate this matter being scheduled for March 10, 1977. Very truly yours, Abigail A. Wickham AAW: DH Encs. O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE..2~2.~/2.~ ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, :~19 ..Bar.baza..A.o...B. er~in.k~. ................ of ....~,~.~,...~.Q..a..d. .................................................. Nome of Appellant Street and Number .................... .I~..a..u..r...e..1. ............................................................ .N..~.W...~g..r.k ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X:.) Name of Applicant for permit of Main Road .............................. ............................. Ia~.g.~. .. . .~,ew York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONVERT ACCESSORY BUILDING TO SECOND DWELLING UNIT 1. LOCATION OF THE PROPERTY~..~...~g~q ............. '/.~.'[...~...~.~..~.~Fict Street Use District on Zoning Map Map 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 Ordinance.) A~t_ III, Sect. 100 - 60(A) and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) 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. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~'~ (has not) been made with ~espect 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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reasonthat applicant wishes to convert a detached garage behind her house to living quarters for her mother, resulting in two dwelling units on a lot containing 26,549 square feet in a business district. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicoldifficultiesorunneces- sary HARDSHIP becouse applicant's brother made substantial improvements to the garage last year without obtaining a permit.~ When the Town required the brother to stop construction, he left the job without paying any bills. Applicant has recently bought the property from her mother and has been forced to pay the bills. The applicant's mother requires separate living quarters and if this variance is not approved, applicant will have to provide another home for her mother at great expense. Applicant and her mother arranged the transfer of the property long before the October 26, 1976 amendment to the Zoning Ordinance, which restricted multiple residence uses in business districts. : . ] i 2. The hardshipcreatedis UNIQUE and isnotshared by all prope~ies alike in the immediate vicinity ofthisproperty and inthis use districtbecause the property has always been used solely for residential, rather than business, purposes. The lot has been in single and separate ownership since prior to the enactment of the 40,000 square foot requirement. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no additional buildings are to be con- structed and because the nature of this business district is not incompatible with residential uses, there being several residences in the immediate vicinity. The adjacent property on the east con- tains an apartment above the main floor business, and there is a trailer apartment behind the restaurant to the west. The attached copy of the map shows several undersized lots along the Main Road surrounding applicant's lot. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Signature BOARD OF AppEALs, T~WN OF SOUTHOLD In the Matter of the Petition of : BARBARA A. BEDINKA to the Board of Appeals of the Town of Southo]d : TO: IRVING SCHOLTZ D. J. CATALANO E. F. SCHOLTZ NOTICE YOU ARE HEREBY GIVEN NOTICE: i. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Soutbold to request a (Variance) (the following relief: 2. That the property which is the subject of the Petition is located adjacent to ( .your property and is described as follows: N/S Main Road, Laurel, N. Y. approximately 325 feet westerly of Aldrich Lane ( 3. That the property which is the subject of such Petition is located in the following zoning district: "B" Light Business District 4. That by such Petition, the undersigned will request the following relief: To convert accessory building to second dwelling on undersized lot in "B" zone. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the undersigned are: Section_ 100-60 and Bulk S~hadnle 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Towan Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and he heard at such heariug. Dated: February 24, 1977 Petitioner Post Office Address: _Main Road; Laurel. N.Y. 11948 NAME PROOF OF MAILING OF NOTICE ADDRESS IRVING SCHOLTZ E. F. SCHOLTZ D. J. CATALANO 221 Fishel Avenue, Riverhead, N.Y. Main Road, Laurel, N.Y. 11948 28 Joval Court, Brooklyn, N. Y. 11901 RECEIPT FOR CERTIFIED MAIL s~%~in g Scholtz s2~ '~EiA N D'D'DF?*~ h e 1 Ave. ....,,.-, ,...., ..,. P~ Form 3800 NO INSURANCE COVERAGE PROVIDED-- (See other side) Jan. 1976 NOT FOR INTERNATIONAL MAIL STATE OF NEW YORK) COUNTY OF SUFFOLK) DOROTHY HENDERSON N. Y. 11935 24 day of February SS.: · residing at 4030 Nassau Point Road, Cutchogue · being duly sworn, deposes and says that on the · 19 77, deponent mai]ed a true copy of the Notice set forth on the reverse side hereof, directedto each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices Were mailed at the United States Post Office at Mattituck, N.Y. ; that said Notices were ]nailed to each of said persons by (certificd) ~t~t~l~x~) mail. Sworn to befo~ me this 24 day,PVf February , 1~-77 . Notary ~ub~'d '; JO~N HIND~R,~At4N NOTARy PUBLIC, State o~ New Yor~ No. $2-~;0~650 ~a~:E;ed in SuP~k County enderson~ 38. t A (c) FOR PARCEL NO. SEE SEC. NO-127-OI-OOI MATCH LINE \ 83.B ~, (c') 5 IO. BA (c) 4el 13, O A (c) Legend L---- BIockNo. ~) Scaled Dimension P- --- I Parcel No. 23 Deed Area S- --- J Subd~vi,~on Block No. (21) Revi~ (34) County Line Town Line Village Line ~lock Limit Schoal District Line I I 12A(d) · -' M~VUM~NT REVISIONS YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK A~-O,'. w. YOUNG HOWARD W. YOUNG SURVEY FOR: AT GUARANTEED TO: TOWN OF SEC~ITY ~E · ~A~TV ~. SO U THO~ I = 40' JAN. 1~197~