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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 Do not quote the Ordi,nance.)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 _ . · ,'Z4,660 S~.FL ': ',195.0 LOTi! '0 t6 29 I '~Afc) I. TAlc) 26 I. SA(c} $0