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Home My WebLink About2457 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~ ........ .J..°..h..,n..,B,a.x.%e..r. ................................... of ....2..7...~...i..Z..t.~,~..~.~,.v.~ .................................... Name of Appellant Street and Number .................... ..W.9..r.g..e..s,t.,e.r. ...................................................... .M~...s.~.~g~9.~t,~...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE B~LDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO John Baxter Name of Applicant for permit of ( ) ( ) Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( X) PERMIT TO DIVIDE 1. LOCATION OF THE PROPERTY ...C..u..t..c..h..o.g.u..e..,....N.,..Y., ..................... '.'~%'.'..A~r.~,Q;~3;~..~,.~sidential 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 Do not quote the Ordi,nance.) Article III 100-30 and B,,]~ 3. TYPE OF APPEAL Appeal is made herewith for I (×) A VARIANCE to the Zoning Ordinance or Zoning Map (×) A VARIANCE due to lack of access (State of New York Town Low 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 applicant desires to divide his property into two lots having insufficient area and frontage, as shown on the attached survey of Roderick Van Tuyt, P.C., dated July 23, 1978. Form zB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the lot is long and narrow, and the present house is located on the front of the property, leaving the back part of the property unuseable. If the property is divided into two lots, both lots would be over 31,000 square feet in size. 2. The hardship created is UNIQUE and is not shared by ail properties alike in the immediate vicinity of this property and in this use district because no otb_er properties in the area are shaped like this parcel, 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property is very near to the center of Cutchogue Village and many of the parcels in the area are smaller than this parcel. See attached copy of tax map. John Baxter STATE OF NEW YORK ) ~"~, ' ) SS By .....................................................................'~,...~...: COUNTY OF SUFFOLK ) Signature Abigail A. Wickham Attorney for Applicant Sworn to this ......... 2.6..t..h. ............................. day of....J..u..~Y., ........................................... ]978 .~. ~. OTHY HSND55SON DOR New York Notary Public ' - "~ie~ 1. Nassau F°~t~o~0 ~ommisslon ~xp-- Legal Notice of Hearings -2- August 17, 1978 7:50 P.M. (D.S.T.) Upon application of Jacqueline Penney, North Street, Cutchogue, New York (Gary F. Olsen, Esq.) for a special exception to the Zoning Ordinance, Article III, Section 100-30 C for permission to erect an off-premises sign. Location of property: North Street and Main Road, Cutchogue, bounded on the north by Cutchogue School District; east by Albert H. Orlowski; south by Zina Chugin; west by North Street. 8:00 P.M. (D.S.T.) Upon application of Donald and Virginia Leden, 156 Sterling Avenue, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct a house with insufficient front yard setback. Location of property: Madison Street, Greenport, New York, bounded on the north by Simyonoglu; east by Ozarowski; south by Mazzaferro and others; west by Madison Street. 8:10 P.M. (D.S.T.) Upon application of Harold and Loretta Schwerdt, 2720 Cedar Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct a two car garage with two rooms above the garage with insufficient side yard setgack. Location of property: Oak and Cedar Avenues, Goose Bay Estates, Lots 192, 193, 194 and 195, Southold, New York. / -"- 8:20 P.M. (D,S.T.) Upon application of John Baxter, 27 Wilt- ~ shire Drive, Worcester, Massachusetts (Abigail A. Wickham, Esq.), for a variance to the Zoning Ordinance, Article III, Section 100-3 and Bulk Schedule and for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Main Road, Cutchogue, New York, bounded on the north by Sacred Heart Church; east by Scared Heart Church, Sarnowski and Madzelan south by Main Road; west by Presbyterian Church, Cornell, and Twin Ponds Construction, Inc. ed on the north by Cutchogue School District; east by Albert H. Orlowski; south by Zina Chugin; west by North Street. 8:00 p.m. (D.S.T.) Upon application of Donald and Virginia Leden, 156 Sterling Avenue, Greenport, New York, for a variance in accord- ance with the Zoning Ordi- nance, Article 111, Section 100-31 and Bulk Schedule for permission to construct a house with insufficient front yard sctback. Location of propcrty: Madison Street, Greenport, New York, bound- ed on the north by Simyono- glu; east by Ozarowski; south by Mazzaferro and others; west by Madison Street. 8:10 p.m. (D.S.T.) Upon application of Harold and Loretta Scherdt, 2720 Cedar Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Schedule for permission to construct a two car garage with two rooms above the garage with insufficient side yard setback. Location of property: Oak and Cedar Avenues, Goose Bay Estates, Lots 192, 193, 194 and 195, Southold. I~ew York. ~ ".8:20 p.m. (D.S.T.) Upon ap~I~ica, t, ion of John Baxter, 27 Wiltshire Drive, Worcester, Massachusetts (Abigail A. Wickham, Esq.), for a vari- ance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and for a variance in accordance with the Town Law, Section 280A for approval of access. Lo-1 cation of property: Main Road,! Cutchogue, New Yock, bound- ed on the north side by Sacred Heart Church; east by Sacred Heart Church, Sarnowski and Madzelan; south by Main Road; west by Presbyterian Church, Cornell, and Twin Ponds Construction, Inc. 8:35 p.m. (D.S.T.) UpOn application of Joseph Chere- powich, Gillette Drive, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-31 and Bulk Schedule for permission to extend garage with insuffici- ent front yard setback. Lo- cation of property: Lot No. 21, Marion Manor, East Marion, New York. 8:45 p.m. (D.S.T.) Upon application of Arthur W. Lcc, 246 West 8th' Street, Deer Park, New York, ibr a variance LEGAL NOTICE NOTICE OF HEARINGS Pursuant th Sectino 2~7 of the Town Law and the provisions uf the Amended Buildit~ Zone Ordinance of the TOWn ?t Sonthold, New York, public hearings will ~ held by the Z~ing Board Appeals at the Town hall, Main Road, Soathold, N~ew York, on Thursday, August 17, 1978, on the following appeals: 7:30 P.M. (D.S.T.) Upon application of Joan L. Tsen- takis, Breakwater Road, Mattituck, New York, /Gary F. Olsen, Esq.) for a varia .rice in accordance with the Zoning Ordinance, Article HI, Section 100-31 and Bulk Schedule for permission to divide property. Location of property: Broak- water Road, Mattituck, New York, bounded on the north by Sound Road Estates, Inc.; east by Rcench and .Wilson; south by Carpenter; west by Johnson. 7:35 P.M. /D.S.T.) Upon application of Joan L. Tson- takis Breakwater Road, Mattituck; New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article HI, Sec- tions 100-32 and 100-41 and Bulk Schedule to have a swimming pool in the front yard. Locatino of property: Breakwater Road, Mattituck, New York, bounded on the north by Sound Road Estates, Inc.; east by Roosch and Wilson; south by Carpenter; west by Johnson. 7:45 P.M. /D.S.T.) Upon application of Thomas A. and Rosa Fuclle, 50 East ~gth Street,. New York, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article HI, Section- 100-31 and Bulk Schedule for permission to construct a dwelling with insufficient front yard set- ' beck. Location of property: Bayberry Road and Bridge Lane, Nassau Point, Cut- chngue, New York, bounded on the north by I-lillmer; east by Hillmer; south by Bridge Lane and west by Bayberry Road. 7:50 P.M. (D.S.T.) Upon application of Jacqueline Penney, North Street, Cut- chngue, New York (Gary F. OIsan, Esq.) for a special exception to the Zoning Or- dinance, Article IH, .Section 100-30 C for permission to erect an df-promises sign. Location of property: · Street and Main Road, - chogue, bounded on the north by Cutehogue School District; east by Albert H. Orinwski; south by Zina Chugin; west by North~ Street. 8:00 P.M. (D.S.T.) Upon application of Donald and Virginia Leden, 156 Sterling Aveaue, Greenport, New York, for a variance in ac- ~cordance with the Zoning Ordinance, Article HI, Section 100-31 and Bulk Schedule for permission to construct a house with insufficient front yard setbeck. Location of property: Madison Street, Grcenport, New York, bounded on the north by Simyonnglu; east by Ozarowski; south by Maz- zaferro and others; west by Madison Street. 8:10 P.M. (D.S.T.) Upon application of Harold and Loretta Schwerdt, 2720 Cedar Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission in construct a two car garage with two moms above the garage with iusufficieat side yard setback. Location of property: Oak and Cedar Avenues, Goose Bay Estates, Lots 192, 193, 194 and 195, Southold, New York. ~' 8:20 P.M. (D.S.T.) Upon ~ · application of John Baxter, 27 ~ ! Wlltshire Drive, Worcester, · Massachusetts (Abigail · A. · Wickham, Esq.), for a variance to the Zoning Or- ,dinance, Article IH, Section 100-30 and Bulk Schedule and for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Main Road, Cutchngue, New bounded on the north~ Sacred Heart Church; eas~D~ J Sacred Heart Churc~ nowski and Madzelan~ iso~ by Main Road; west~ Presbyterian Church,~ and Twin Ponds Const ,~. qnc. . · ~ 8:35 P.M. (D.S.TJ UF application of Joseph Cherepowich Gillette: Drivel East Marion, New York, fora variance in accordance wP.h . the Zoning Ordinance, Article III, Section 100-31 affd Bulk Schedule for pe~i~l ~t0 extend garage ..~ .~; c~' sufficient front y~ . Location of prol~,'~_N°. · 21, Marion Mi~'~,lt~ast Marion, New application of West 8th Park, New 'Yorl/~/~; variance in accord~il~ the zo ng Orana l r III, Section 100-35 f~per- mission in erect an ei~ (~ foot fence around pr~,~u~ Location of prOperty: Lane, Mattitack, New York, bounded on the north by J~ Lee; east by C. Schimpe; south by Laurel Lake; west by . J. Mulvihill. 9:00 P.M. (D.S.T.) Upon application of. Marion M. Roussin~ General Delivery, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule for permission .to divide property with in- sufficient area and width. Location of property: Sound- view Avenue, Sonthold, New York, bounded on the north by Halbauer; east by Private Road; south by Sonndview Avenue; west by Young. Dated: August 7, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA10-3040 COUNTY OF SUFFOLK, ] STATE OF NEW YORK. } ss: J ....................................... being duly Sworn, says that is Printer and Publisher of the SUFFOLK WEEKLY TIMES. ~ newspaper published ~xt Greenport, in said county~ and that the notice, of which the anne~d is ~ printed copy, has been pu,blished in the said Suffolk Weekly Times once in each week, for · ' '~'~:''~-'; ................ weeks successively Commencing on tire "~ . ............ day of ...,!~! .~,L~.~...~9~ , Sworn to before me this :./. day of ..... ~~ 19.,~.. · - · TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ............... 24~5.'/ ......................................... Date ......................... 'A~II~JI~.'"'/'i ......... , 19"78' (Ab:Lg&:L]. A. W:Lckham, Esq.) PLEASE TAKE NOTICE that your application doted ................. ~'...2.?., ................ , 19.7.8.. Jar ~ermit to ]G~..d~.3~.Ld~L..L~3;OL~e~.~¥~t the p~em]$e~/ocate~ot .................................... Mop .................................... Block ............................................ Lot ................................................ is return?d ~.erewlth o.d d,,approved on the ,o,,aw~ng ground, ..:~.....?.?..~:.~.~.~::..:..C. ........................ Building Inspector George H. F~sher WICKHAM~ WICKHAM & BRESSLER, P.c. Si6-298-8353 July 26, 1978 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application for Variance by John Baxter AAW/ep Encls. Gentlemen: Enclosed is original and one copy of application for variance, notice with proof of mailing, two copies of survey, and check to your order in the sum of $15.00. Please schedule this matter for the next hearing. Very truly yours, Abig%il A. Wickham JUDITH T. TERRY TOV~ CLERK ]~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 July 27, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2457, application of John Baxter for a variance. Also included is notification to adjoining property owners as follows: Helen P. Madzelan, Main Road, Cutchogue, N.Y.; Mr. & Mrs.Henry Sarnowski, Main Road, Cutchogue, New York; Roman Catholic Church of Sacred Heart, Main Road, Cutchogue, N.Y.; Florence P. Cornell, 181 Verbena Ave., Floral Park, N.Y.; Twin Ponds Construction, Inc., Broad View Circle, Wading River, N.Y. Presbyterian Chutch, Main Road, Cutchogue, N.Y. JTT/bn cc:file WICKHAM~ WICKHAM & BRESSLER, P.C. SI6-298-8353 August 17, 1978 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Att: Robert W. Gillispie, Jr. Chairman Re: Application for Variance by John Baxter Dear F~. Gillispie: This is to confirm our conversation in which you adjourned the hearing in this matter until the next meeting on September 7, 1978. Very truly yours, AAW/ep WICKHAM~ WICKHAM ~ BRESSLER, P.c. February 8, 1979 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: John Baxter Variance N/S Main Road, Cutchogue Gentlem~n: We ha-~e been advised by ~Wlr. Baxter that he wishes to withdraw his application for a variance and approval of access. Thank you for your attention to this matter. AAW: lw cc-Andrew Goodale, Esq. Very cordially yours, Abigail A. wickh~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : John Baxter to the Board of Appeals of the Town of Southold : TO: Cutchogue Presbyterian Church Helen Madzelan Mr. & Mrs. Henry Sarnowski Roman Catholic Church of Sacred Heart Florence P. Cornell Twin Ponds Construction, Inc. YOU ARE HEREBY GIVEN NOTICE: NOTICE 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) :~Y(r~gl~Xif~Yt~Laf~Yev~fa~l~aL~T,~R~~[r~.x ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed ~ follows: B.o~nded on the South bv Main Road: on the West by Presbyterian Ch~rmh, Cornell, a/~nd Twin Ponds Construction. Inc. ;~n the North bv Sacred Heart Church: on the East by Sacred Heart Church and Sarnows~i and Madzelan 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential and Agricultural 4. That by such Petition, the undersigned will request the following relief: To divide the property 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III 100-30 and Bulk Schedule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, 5outhold, 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 be heard at such hearing. Dated: July 26, 1978 . John Baxter ~Abigail A. Wickham Attorney for Petitioner Post Office Address P.O. Box 1424: Main Road Mattituck, New York 11952 (516) 298-8353 PROOF OF MAILING OF NOTICE NAME ADDRESS Helen P. Madzelan Main Road Cutchogue, NY 11935 Mr. & Mrs. Henry Sarnowski Main Road Cutchogue, NY 11935 Roman Catholic Church of Sacred Heart Main Road Cutchogue, NY 11935 Florence P. Cornell 181 Verbena Ave. Floral Park, NY 11001 Twin Ponds Construction, Inc. Broad View Circle Wading River, NY 11792 Presbyterian Church Main Road Cutchogue, NY RECEIPT I ?OSTAG[ POSTMARK OR DATE RECEIPT FOR cE.T Ne._/ RO iRsUOAI4CE CoVEOAGI ~OT FOR m~RN~O~ RECEIPT F~ RECExP~ ~( HO ~SURAH[ ~O~ ~ rice at Mattituckr New No~ RECEIPT F NO INSUR9 NOT F( RESTRIC [that said Notices were mailed ', Sworn to before me this 26th day of July ,1978 Notary Public DOROT tY HENDERSON ,No. 30-68481 O0 RECEIPT FOR CERTIFIED MAIL NO B4SURANCE COVERAGE PROVIDED- NOT FOR R4TERNA110NAL MAIL (See Reverse) Ellen P~eston FOR PARCE_ NO SEE SEC NO Z o2-ol6 LINE o_Oo° 35.4A(c) 12 1.5A{ 0 200 400 COUNTY OF SUFFOLK /. N'c.' II Real Property Tax Service Agency H ~usse Haase, D~recto~ ~!ST~IfT~o. IO00 Riverhead, I I, New York \ FOR PARCEL NO I TO~. OF SOUTHOLD SECT ~ PROr .~UFFOL~C co. TAX ~,p O~s~,~,~Tlo~ DIST. looo, ~,.,c:T. tog, ~t.~c~: !, LoT W. M A D'Z.r- L A, LJ pIZ~.e, ByT~tZ IAU CLI UIZC, I.I C) MAp' OF' LAUD 6ul2v r- y t--~ F JOH~ BAXT~'P. CUTCI-.IOGU ~ ~ = MOuuI,,4 r--l, JT DIVIOIO&I 6UAIZAUT~i=D TO Ti4C- Gt.,cU~ZIT¥ TITL.~- CIUA, I~,uTy COM?&Uy ~-uD To TUG 90UTHOLD 6AVIM,~IG J~A LJ U, ,SUIZ. VEyr-.D: JULy 2..0. 1967 VALI TLIyL s 50LI