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Home My WebLink About2454 TOW~ OF SOUTHOLD, ~EW YORK ACTION OF THE ZONING BOAR~ OF A~PEAL$ Appeal No. 2454 Dated July 20, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOW/~ OF SOUTHOLD To James F. McFarland 13 Mildred Court Floral Park, New York at a meeting of the Zoning Board of Appeals on July 27, 1978 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 lo the Zoning Ordinance ( ) DATE.~..4, 1978 Appellant 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 7:40 P.M. (D.S.T.) Upon application of James F. McFarland, 13 Mildred Court, Floral Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to place a storage shed in the side yard. Location of property: Little Peconic Bay Road, Cutchogue, New York. Lots No. 236 and part of No. 235 on Map A of "Nassau Point Properties." 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (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 SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ) be reversed. SEE REVERSE FORM ZB4 APPEALS ) be denied and After investigation and inspection the Board finds that the applicant requests permission to construct an accessory building (shed)in his side yard. The findings of the Board are that the applicant originally applied to have this shed in the easterly side yard, but due to the fact that several pine trees are on that side of the property, a new application was filed to have the shed placed in the westerly side yard. The Board finds 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 alike in the immediate vicinity of the property and int he same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that James F. McFarland, 13 Mildred Court, Floral Park New York, be GRANTED permission to place a storage shed in the side yard. Location of property: Little Peconic Bay Boulevard, Cutchogue, New York. Lots No. 236 and part of 235 on Map A of "Nassau Point Properties." upon the following condition: line. (1) The shed be at least 3 feet from the westerly side yard Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. !I~ECEIVED AND FU.F.D BY TH~ SOUTiIOLD TOWN HOUR/~ .'Dm~. Town Clerk, Town of Southold 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 Hall, Main ROad, Southold, New York, on Thursday, July 27, 1978, on the following appeals: 7:30 P.M. (D.S.T.) UpOn application of Raymond Kirsch, 1551 Williams Bridge Road, Bronx, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area,~ Location of property: Private Road off Bayview Road, Southold, New York, bounded on the north by right-of-way; east bY V. Lade~k; south by Corey Creek; west by K. Isles. ~ 7:40 P.M. (D.S.T.) Upon application of James F. McFarland,. 13 --I Mildred Court, Floral Park, New York, for a variance-in accordance i . _ I with the Zoning Ordinance, Articl.e III, Section 100-32 ah.d Bulk Schedule to place a storage shed in the side yard. Location of - property: L~ttle Peconic Bay, Cutchogue, New York. Lot No. 236 and part of lot No. 235 On Map A of "Nassau Point Properties." L 8:00 P.M. (D.S.T.) Upon application of Kenneth and Jerie Newman, Private Road, Orient, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to construct a detached garage in the side yard. Location of .property: Private Road, Orient, New York, bounded on the north by E. W. Latham; east by E. E. Luce, Jr.,; south by School District No. 2; west by M. Antonazzi. 8:10 P.M. (D.S.T.) Upon application of Beverly Andrews, 87 Edward Street, Roslyn Height, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule to divide property with insufficient frontage. Location of property: Grand Avenue, Mattituck, New York, bounded on %he north by Jemmot; east by Young; south by Maple Avenue; and west by Grand Avenue. 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, Now York, public hearings will be held by tlie Zoning Beard of Appeals at the Town Hall, Main Road, Seuthold, Now York, on Thursday, July Z'/, 1978, on the following appeals: 7:30 P.M. (D.S.T.) Upon application of Raymond Kirsch, 1551 Williams Bridge Read, Bronx, Now York, for a variance in accordance with the Zoning ordinance, Article III, Section .100-32 for per- mission to construct ac- ceesory building in front yard area. Location of property: Private read off Bayv/ow Read, Southold, New York, bounded on the north by right- of-way; east by V. Ladeck; south by Cm~y Creek; west by r 7:40 P.M. (D.S.T.) UpOl~ application of James F. McFarland, 13 Mildred Court, Floral Park, New York, for a variance in accordance with the Zonin~ Ordinance, Article III, Section 100-32 and Bulk Schedule to place a. storage shedin the side yard. Location of property: Little Pecanic Bay, Cuteh°gue, Now York. Lot No. 236 and~art of lot No. 235 on Map A of Nassau Point Propertins.'" 8:00 P.M. (D.S.T.) Upon application of Kenneth and Jerie Newman, Private Read, Orient, Now York, for a variance in accordance with the Zaning Ordinsnce, Article III, .sa ctiun 100-32 and Bulk Schedule ta construet a detached garnge in the side yard, Lacatian of oroperty: Private Road, Orient, New York, bounded on u~e north by E. W. Latham; east by E. E. Luce, Jr.; south by School District No. 2; west by M. 8:10 P.M. (D.S.T.) Upon application of Beverly An- drews, 87 Edward Street, Reslyn~e~ght, New York, for a variance in accordance with the Zeaing Ordinance, Article III, Section 100-30 and Bulk Schedule to divide property with insufficient frontage. LocMian of property Grand Avenue Mattitack, Now York, bounded on the north by Jemmo~l east by Young; south by Maple Avenue; and west by Grand Avenue. 8:20 P.M: (D.S.T.) Upon application of Mr. and Mrs. Edward Adams, 4055 New Suffolk Avenue, Mattituck, Now York, for a variance in accordance with the Zoning Ordinsnce, Article III, Section 100-32 and Bulk Schedule to construct an undergroUnd sWimming pool in the front yard. Location of property: New Suffolk Avenue, l~t- titack, New York, bounded 0~ the north by A. Mileski; ~ by H. Sacks; south by Suffolk Avenue; and Maratooka Road. 8:30 P.M. (D.$.T.) U~ application of Seuthoid Ro~ Club, Sauthoid New York, a special exception to th~ Zoning Ordinance, Article III? Section 100-30 C 6 f for per- mission to erect an off-. premises sign. Location of property: Triangle Park, Southoid, New York, bounded on the north by Lower Road; east by H. A. Goldsmith; south by Main Read and west by Lower Road. 8:35 P.M. (D.S.T.) Upon application of St. Peter's Lutheran Church, Main Read, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for per- mission to erect an off- premises sign on property of Case. Location of property: Middle Read, Cutcbegue, New York, bounded on the north by Middle Read; east by J. Townsend, Jr.; seath by Long Island Railread; west by J. Bedneski, Jr. 8:40 P.M. (D.S.T.) Upon application of St. Peter's Lutheran Church, Main Read, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for per- mission to erect an off- premises sign on property of Oisen. Location of property: Route' 25, Mattitack, New York, bounded on the nooth by Main Road (S. R. 25); east by S. Kander; south by K. B. Tothill; west by H. Pollak. 8:45 P.M. (D.S.T.) Upon application of Helen Weavnik, Central Drive, Mattituck, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area and frontage. Location of proppr- ty: Lots Nns. 140 and 147 Map No. 1672, Captain Kidd Estates, Mattituck, New York. 8:55 P.M. (D.S.T.) Upon application of Joan L. Upon application of Jean L. Tsontakis, 239 Breakwater ROad, Mattituck, New York, for a variance in accordance with the Town Low, Section 2~0A for approval of access. Looatinn of property: Break- water Road, Mattiinck, New York, bounded on the north by Sound Road Estates, Inc.; east by Roesch and Wi]son; south by Carpenter; and west by Johnson. 9:10 P.M. (D.S.T.) Upon application of Long Island Vineyards, Inc., Alvah's Lane, Cutchogne, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-3OA (2) (a)(1) for permission to use a building for display and retail use larger than is allowed. Looatiea of property: County Read ~7, CutchOgue, Now York, bounded on the north by Middle Road; east by R. Simchick; seathby Isaacs and Aud; west by Ovisinak. Dated: July 17, 1978 BY ORDER OF TIIE SOUTHOLD TOWN BOARD OF APPEALS 1TJ20-3O2~ COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: TROY GUS TAVSON ...................................... being duly Sworn, says that ...H~..... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, o! which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, tot 01~ weeks successively commencing on the .... ~I~T~E.TH .......... day of .... .J..UL. ~Y, .. Sworn to bef~ me this ayai LEGAL NOTICE NOTICE OF HEARINGS - Pursuant to Socti0n 267 of the Town'Law and the pro- visions of the Amedded Build- ing Zone O~dinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, July 27, 1978, on the following appeals: 7:30 p.m. ~D.S.T.) Upon application of Raymond Kirsch, 1551 Williams Bridge Road, Bronx, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-32 for permis- sion to construct accessory building in front yard area. Location of property: Private Road off Bayview Road, South- old, New York, hounded on the north by right-of-way; east by V. Ladeck; south by Corey Creek; west by K. Isles. · ' ?;40 n.m. ID.S.T.) application of James F. Mc- ~ 13 Mildred Codrt, Floral Park, New york, for a variance in accordance with the Zoning Ordinance, Article lii, Section 100-32 and Bulk Schedule to piade a storage shed in the side yard. Location af property: Little Peconic Bay, Cutchogue, New York. Lot No. 236 and part of lot No. 235 on Map A of "Nassau Point Properties." 8:00 p.m. (D.S.T.) Upon application, of Kenneth and `ierie Newman, Private Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-32 and Bulk Schedule to construct a de- tached garage in the side yard. Location of property: Private Road, Orient, New York, bounded on the north by E.W. Latham; east by E.E. Luce, .Ir.,; south by School District No. 2; west by M, Antonazzi. 8:10 p.m. (D.S.T;) Upon application of Beverly drews, $7 ' Edward Street, Roslyn Height, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule to divide property with insufficient frontage. Lo- cation of property: Grand Avenue, Mattitock, New York, bounded on the north by Jemmet; east by Young; south by Maple Avenuo; andwest by Grand Avenue. 8:20 p.m. (D.S;T.) Upon application of Mr. and Mrs. Edward Adams, 4055 Hew Suffolk Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the 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 ................ J ...................... weeks successixe~y, commencir~ o~ th~ ....C]'..~. .............................. ....................... Sworn to before me th/~ .....~.. ................ ck3¥ or FORM NO. S TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL 1000 - 111 - 14 File No ................................................................. Date .............................. ..~u,%¥...1.7 ......... , 19..?.8. To ....... ~.,~%~.~.~...~.,...~¢.~. ~,~ ~.~,n~, ....................... ............. k~...~,i,l~.~..C~.~r.l~ ............................ ............. ~'.],~l..P.~/~,..~.w..Xor]~ ................ PLEASE TAKE NOTICE that your application dated .................................................... , 19..'/.8.. for permit to construct .~.~.~..~...~).P,,J,~,~,:~g ....... at the premises located at ..L.J,.~.e..~.l~&)D, iC · .Ba.¥...P~ a~l ¥...~.ehogue ~..- ~ew...Ye r.ks~f~tc ~op ......... .A. ........................ Block ..... ~.~ ~.~,D,.. ~O,J.~ .~..~o 5Lot .......................... 2.3.7. ............... is returned herewith and disapproved on the follow;ng grounds ..~G~.~.~,~.Q',".y...~u'l'ldir~:js...ar.~.. ...not...pe=mit~e~.. ~n...~h~.. side...ya~.. · ............................................................................... 17 Building Inspector George Fisher C TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONIN~ BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. , (w.,,< ~,e..~ ~..~....~x.~ o~ /3 /~/z~ ~7. ...... ............................... Municipality 5tare THE ZONING BOARD OF APPEALS FROM THE DECISION OF TH~//i~U~ILDING INSPECT~OR ON APPLICATION FOR PERMIT NO ..................................... DATED .....~~ ......... WHEREBY THE BUILDING INSPECTOR DENIED TO ' ' ............................. .......... Narr~ of Applicant fo~:-~oermit ~'~, Street and Num~ber Municipa ity StdTe (~/~P[~MIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) -? .... /f2 . ~'~ ~. ~,~ ~-, __ Street / Use District 6~n Zoning Map ../.,..-x... .... :.~..~: ............................................... ,~..: .............. ~ ~..~.~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Para~i%aph of the Zo,~:~D_0rdinance ,by number. Do not quote the Ordinance.) 3. ~ OF APPEAL Appeal is made herewith for (~-'Y~ 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) (h. bj;~t~t) 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 (Continue on other side) REASON FOR APPEAL O O Continued 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 ,~~~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ) ss .. .Y/,¢/~. .. COU NZy OF/U/)_~;~ c," ),'%q~ ~] ~ Signature Sworn to this .................. ~....Z... ............ day ..... .~~. ............... 19 ~ Town of Southold Boar~ of Appeals Suffolk County'Departmant of Planntu.~ H. Lee Dennison P:mcutive Office BuildinK Veterans lt~morial I!ighway Hauppau~,e, ~IewYork 11787 (516) 979-291§ August 2, 1978 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the follorrlmg applications which have been referred to the Suffolk County Plann!ruo Co~tlssion are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapprw~al. _ApRl!can~ Hunicipal Pile ?lumber S0uthold Rotary Club St. Peters Lutheran Church St. Peters Lutheran Church Long Island Vineyards, Inc. Raymond Kirsch James F. McFarland 2443 2444 2445 2450 2453 2454 Very truly yours Lee E. Koppelrmn Director of Plannir~, G~rald G. :le~.nnan Chief Planner D TOWN CLERK 765-3783 Building Dept. I~anning Bal. 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 ...... Boar,.of .A[;l~eels ............ of the town of .... Sou:f~%.ol~ ................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County PlanningCommission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits .... X ......... Variances James F. McFarland 13 Mildred Court Floral Perk, New York Appeal No. 2454 Location of affected land: ~"T~:xts~N~2~6~a41~par:t~f-~2~35~'~Has~a~P'~int~Ct~tch~gue within 500 feet of: (check one or more) New York. ................ Town or village boundary line, or shore line ................ 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: Applicent was grented permission to construct e shed in the easterly side yard u~on the oolidition that the shed be placed at least 3 feet from the side yard line. Date: ...... 0'.~....~.8. ,... ~, 9.7.8 ......... {signed) Robert W. Gillispie, Jr. ~t/e Date received by Suffolk County Planning Commission .................................................................................... File No ................................. C 0 JUDITH T. TERRY TOWN CI~RK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 July 24, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2454, application of James F. McFarland for a variance. Also included is notice to the following adjoining property owners: Mr. Ernst Midgette, Mrs. Nancy Knapp. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals~c~-.t~ he Towo of Southold to ?qu,~st a (Var3ance) ,~Spe.~) ~the following relief: ~'/~;~ //~'~,~ ~ 2. That the p~rty which ~he subject of the Pe~n is located adjacent tour prope~ and~ des- 3. That the property which is the~bject of ~such Petition is located in the following zoning district: 4..~.~Z~%bY such Petition, the undersigned will request the follow, lief:~ ~'~ ~ ] 5, That the.121'ovisions of the Southold Town Z. gning Code applicable to~e..r.~lief sought by the under- signed are: ~,/~:~ 7'- ~ r~,/~- /,,,~ - 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, 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 appe~r/~, be ~,~rd at such hearing. ~/4~/eti~..f~..~,~. ~~ Dated: ~./~ . ~ ~~ P°st Office Address ,,~..e~ ~~~:~ ~:~ NAME PROOF OF MAILING OF NOTICE ADDRESS COUNTY OF SUFFOLK ) ss.: ~-.~. ~ ~) ~. ~'~;~-~'~' '~ ~ ' - , being duly sworn, depots and says that on the~ day ~f--'~ t~ .... ~ ~19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse sid~ he~o~, ~rected to each of th~ above-named persons at the addresses set opposite thor rmpective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ~sessment roll of the Town of Southold; that said Notic~ere mailed at the UniIed States Post rice at .... ; that said Not~c~ were mailed ~ ?chill said ~ersons by (certified) (registered)mail, ~ Sworn to bef~me ~is ~ dayof ~ ~ .19 7~ Notary Public ~ r~ ~_ Coun~ ~rcl; ~, 16 :'5 'c) i.OAl;t I 29 26 1.5A{¢) 3O 1.4A(c} PARCEL NO. SEE SEC NO. 118-01-01 LTA(c} I 6A(C) 2.0A (c 3.4A (¢) 34 1.4A(e) 4 COUNTY OF SUF Real Property Tax Serv H Russell Haase, Dir