HomeMy WebLinkAbout2764O O
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~2
DATE .[ [ ./.[.9../..8..0. .............
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Nome of Appellor~t Street and Number
Cutchogue, N.Y.
............................ H£R£8¥ APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ....S..e~.~.e...r~...e.K...2.,3.,...~9..8..0. ...............
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Harry & Lillian Baglivi
Name of Applicant for permit
of
Nassau Point Road, Cutchogue, New York 11935
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
(1) PERF. IT TO BUILD
W%mneweta Road, Nassau Point
]. LOCATION OF THE PROPERTY .Cuk~hogu~.,../~..~ ............................. ..A.c.R..e..s..i..d..e..n..t..i..a..1. ...............
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 Do not quote the Ordi,nance.)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 3, Section 100-30 (c-2) and bulk schedule, and 100-32.
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) (f~la~l~) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
(x) request for a variance
#2089 October 22, 1975
and was made in Appeal No. ~ ............................... Dated .-qeptemh~r..2.~,..,!,,9~Q .................................
REASON FOR APPEAL
) A Variance to Section 280A Subse~:tion 3
x) A Variance to the Zoning Ordinance
)
is requested for the reason that applicant wishes to construct an i~.-~rcund swimming pool
in the rear yard of his prupe~'ty approximately 5 feet from the rear yard line, but
no residence has been constructed on the lot.
Fo~rn zB! (Continue on other side)
REASON FOR APPEAL O Continued
]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP becouseapplicant wishes to build a swimming pool on the lot but does
not intend at this time to build a residence on the lot, because his residence is
located on the adjacent lot. The ordinance requires that an accessory i~se must be
incidental to residential use of the lot, but it seems unfair to require the appli-
.cant to build a residence in order to use the lot for a swimming pool. The pool
will be situated so that there will be adequate room to construct a residence with
the necessary set backs now required by the zoning ordinance.
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 applicant owns the lot adjoining
the one on which he wishes to build the pool.
3. The Variance would obse~e the spirit of the Ordinance end WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT becou~ the pool will be properly fenced and screened.
In addition, there are other pools and recreation accessory uses, such as tennis
courts, in the neighborhood. The pool will not adversely affect the water supply
in the district because it will not be refilled each season.
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
Sworn to this ........ ,1,.9.,t,~ .............................. day of ......... ,N,,.o..v..e...r~...e.,r, .............................. 19 80
ABIGAIL A. WtCKHAM
Notary Public, State of New
No. 52-4642871
Qualified in Suffolk Countl~
March 30,
Zerm
Expires
FORM NO. 3 0
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
JUDITH T. TERRY -
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
(516) 765-1801
Southold, L. I., N. Y. 11971
November 19,
1980
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
as follows:
N.Y. 11001;
Ms. Ruth B.
Trasnmitted herewith is Zoning Appeal No.2764 application of Harry Baglivi
for a variance.. Also included are notification to adjoining property owners
Mr. & Mrs. Charles Alexander, 257 Aspen Street, Floral Park,
Ms. Grace Golden, 6 Potter Lane, Levittown, N.Y. 11756;
Horowitz, 111-21 77th Road, Forest Hills, N.Y. 11375.
Town Clerk
JTT/bn
Enclosures
,/ ' TOWN OF SOU~HOLD
,Si~iNSTRUCTiONS SHORT C)IVIRONMENTAL ASSESSMENT F~(~
~/ ~ ~ I~ order to answer the questions in this short EAF it is assumed
~ that the preparer will use. currently available information concerning the
: roject and the likely impacts of the action. It zs nit expected that
~dditional studies, research or other investigations wzll be undertaken.
(b) If any question has been ons~,ered Yes the project may be
signi£icont and o completed 5nvironmentol Assessment Form is necessary.
(c) If oll questions have been answered No it is likely that this
project is not significant.
(dj Environmental Assessment
~ Will pro3'ect result ~n o large physical change
~o the project site or physically alter more
~han 10 acres of land? ........................ Yes_x ...No
2. Will there be a major change to any unique or
unusual land form found on %he site? .......... Yes X No
3. Will project alter or here a large e~fect on
.Ygs x No
existing body of water? .......................
4. Will project have o potentially large impact
on groundwater quality? ....................... yes X'N°
5. Will project slgni~icontly effect drainage ..
flov~ on adjacent sites? .......................
6. Will project affect any threatened or
endangered plant or animal species? ........... yes X No
7. Will projec~ result in o major adverse effect x
on air quality? .......................... Yes No
8. Will project have a major effect on visual
character o~ the community or scenic views or
vistas known to,be important to the community?, Yes x No
9. Will project adversely impact any site or .'
structure of historic, prehistoric or
paleontological importance or any site
designated ~s a critical environmental area x
by local agency? ............. Yes No
10. Will pro3ect have o major effect on existing
Yes x No
or future recreational opportunities? .........
11. Will project result in.major traffic problems
oK cause ~ major e[fect to existing
transportation systems? ....................... Yes x No
12. Will project regularly cause objectionable
odors, noise, glare, vibration, or electrical
disturbance os o result of the project's
Yes x No
opero~ion? ..................................... .
13. Will project have any impact on public health
Yes x No
or safety? ..........
directly couslng o growth in permanent
population of more than ~ perceut over o one
year period o_~.r hove o ~ojor negative effect
on the character of the community or x
neighborhood? ................................. Yes No
15. Is there public controversy concerning the
Yes x No
............................ :..;.
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the M~ the Petition of
Harry & Lillian Baglivi
to the Board of Appeals of the Town of Southold
TO:
Mr. & Mrs. Charles Alexander
257 Aspen Street
Floral Park, N.Y. 11001
Ms. Grace Golden
6 Potter Lane
Levittown, N.Y.
NOTICE
11756
Ms. Ruth B. Horowitz
111-21 77th Road
Forest Hills, N.Y. 11375
YOU ARE HEREBY GIVEN 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)
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed as foUows: Nassau Point Road and Wunneweta Road, Cutchogue, New York
North by Alexander and Golden; East by Nassau Point Road, South by Horowitz, and
West by Wunneweta Road.
3, Thatthe property whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict:
A - Residential Agricultural
4. That by such Petition, the undersigned willrequestthefollowingrelief: Permission to
construct an in-ground swimming pool on vacant lot.
5. Thatthe provisions ofthe Southold Town Zoning Code applicabletothereliefsoughtbythe under-
signed are: Article 3. Section 100-30 (c-2) and bulk scheduler and 100-32.
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 appear and be heard at such hearing.
Dated: 11/19/80 ~ ~.
'~etitioner/,/Ha~/~aglivi y
Post Office Address
N&ssau Po±nt Road
Cutchogue, New York 11935
NAME
~YRECEIPT FOR CERTIFIED MAI
NO INSURANCE cOVERAGE pROVIOEO--
NOT FOR iNTERNATIONAL MAIL
(See
PROOF OF MAILING OF NOTICE
ADDRESS
RECEIPT FOR CERTIFIED MAI
NO INSURANCE COVERAGE PROVIDEO--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
ECEIPT FOR CERTIFIED MAIL
HOT FOR iM~'ERN ATION AL MAIL
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
Alice Burgon , residing at Meeting House Creek Rd.
Aque~oq~e, New York , being duly sworn, deposes and says that on the 19~ day
of November ,19 80 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to 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 Of-
rice at Mattituck, New York ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this 19th
day/e~/' Nove~r ~9
Notary Public
Alice Burgon
_ .
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