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HomeMy WebLinkAbout2535 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 2535 Dated April 10, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Steve J. Doroski North Road Southold, New York 11971 DATE_Ma~._2A_, 1979 Appellant at a meeting of the Zoning Board of Appeals on May 3, 1979 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 co~irmedbecause 8:05 P.M. (D.S.T.) Upon application of Steve J. Doroski, North Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VIII, Section 100-81 and Bulk Parking Schedule for permission to construct a farm building with insufficient front yard setback. Location of property: Ackerly Pond Lane, Southold, New York, bounded on the north by North Road (C. R. 27); east by Village of Greenport; south by Long Island Railroad; west by Ackerly Pond Lane. 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 split 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 - Ch~irman--ueam u, ) be denied and After investigation and inspection the Board finds that the applicant is the owner of a farming operation on the North Road, Southold, New York, and is requesting permission to build a storage building for the tractors and trucks. The applicant has been suffering from extensive vandalism and has a need for the storage building. The building will be 40~feet wide and 100 feet long and will be 25 feet from Ackerly Pond Lane. The Board expressed sympathy for the Applicant and agrees with his reasoning. The Board finds that strict application of the Ordinance would 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 in the 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. Tuthill, it was RESOLVED, that Steve J. Doroski, North Road, Southold, New York, be GRANTED permission to construct a farm building with insufficient front yard setback as requested. Location of property: Ackerly Pond Lane, Southold, New York, bounded on the north by North Road; east by Village of Greenport; south by Long Island Railroad; west by Ackerly Pond Lane. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. RECEIVED AND F~LED BY THE SOUTHOLD TOWN Cr.~RK oum Town Oerk, To~ of Southold LEGAL NOTICE OF HEARI~ Creek, Pulitzer, Conroy, -2- ~3, 1979 Hamilton, Gibbons and Pollert; east by Jockey Creek; south by Pine Neck Road; west by Marchese and Pulitzer. 8:05 P.M. (E.S.T.) Upon application of Steve J. Doroski, North Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VIII, Section 100-81 and Bulk Parking Schedule for permission to construct a farm building with insufficient front yard setback. Location of property: Ackerly Pond Lane, Southold, New York, bounded on the north by North Road (C. R. 27);'east by Village of Greenport; south by Long Island Railroad; west by Ackerly Pond Lane. 8:15 P.M. (E.S.T.) Upon application of Vincent M. Annabel, Stillwater Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Stillwater Avenue, Cutchogue, New York, bounded on the north by Kiernan, E. Annabel and B. Annabel; east by Eugene's Creek; south by Krukowski and others; west by Stillwater Avenue. 8:30 P.M. (E.S.T) Upon application of Lee and Susan Courtenay, 47 Kings Drive, Riverhead, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient width. Location of property: Westview Drive, Mattituck, New York, bounded on the north by Westview Drive; east by Reiff; south by Mattituck Creek; west by Reeve. 8:40 P.M. (E.S.T.) Upon application of Greenport Lumber Com- pany, Inc., 67480 Main Road, Greenport, New York, for a Special Exception %o the Zoning Ordinance, Article VIII, Section 100-80 B(16) for per- mission to use the yard for sale and storage of building materials. Location of property: Lot No. 156 Peconic Bay Estates, Greenport, New York. 8:55 P.M. (E.S.T.) Upon application of Joseph Schoenstein, LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 207 of the Town Law and the provi- sions 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 Read, Soutbold, New York, Thurs- day, May 3, 1979, on the following ao~eals: 7:30 P.M. (D.S.T.) Upon application of Wayne A. and Kathleen A. DePetris, resid- ing at Clearview Avenue, Soutbold, New York and John J. and Valerie Kramer resid- ing at 6 Kim Avenue, Smith- town, New York (Edward J. Boyd, V., Esq), for a variance in accordance with the Zoning Ordinance, Article VII, Sec- tion 100-71 and Bulk Parking Schedule for permission to divide property with insuffic- ient area and width and for permission to construct a building with insufficient side yards. Location of property: Main Road, Southold, New York, bounded on the north by Rich; east by Rich; south by Main Road (State Road 25); west by Scott Ben CorD. 7:45 P.M. (D.S.T.) Upon application of Clinton and Lor- raine Finger, 131 Avery Ave- nue, Patchngue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Skunk Lane, Cutchngue, New York, bounded on the north by Mirnglia; east by Skunk Lane; south by Kowaiski, Shepish and Young; west by Mira~lia 7:55 P.M. (D.S.T.) Upon application of SOl Berg, 484 Pine Neck Road, Souihold, New York (Gilbert Lyons, as Agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 101~35 for permission to erect a fence which exceeds the l~elgnt regulauons ana in ac- cordance with Article III, Sec- tion 100-32 for permission to construct a tennis court in the front yard area. Location of property: Pine Neck Road, Seuihold, New York, bounded on the north by Jockey Creek, Pulitzer, Conroy, Hamilton, Gibbons and Pollerti east by Jockey Creek; south by Pine Neck Road; west by Marchese New Yol,~v: for a variance in accordance with the Zoning Ordinance, Article VIII, Sec- tion 100-81 and Bulk Parking Schedule for permission to construct a farm building with insufficient front yard set- back. Location of property: Ackerly Pond Lane, Seuthold, New York, bounded on the north by North Read (C. R. 27); east by Village of Green- pert; south by Long Island Rail Road; west by Ackerly Pond Lane. 8:15 P.M. (D.S.T.) Upon application of Vincent M. An- nabel, Stillwater Avenue, Cut- chogue, New York, for a var- iance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Park- ing Schedule for permission to divide property with insuffic- ient area and width. Location of property: Stillwater Ave- nue, Cutchngue, New York, bounded on the north by Kier- nan, E. Annabel and B. Anna- bel; east by Eugene's Creek; south by Krukowski and others; west by Stillwater Avenue. 8:30 P.M. (D.S.T.) Upon application of Lee and Susan Courtenay, 47 Kings Drive, Riverhead, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 10~31 and Bulk Parking Schedule for permis- sion to divide property with insufficient width. Location of property: Westview Drive, Mattituck, New York, bound- ed on the north by Westview Drive; east by Reiff; south by Mattituck Creek; west by Reeve. 8:40 P.M. (D.S.T.) Upon. application of Greenport Lum- ber Company, Inc., 67480 Main Road, Greenpert, New York, for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 B(16) for permission to use the yard for sale and storage of building materials. Location of proper- ty: Lot No. 156 Pecouic Bay Estates, Greenport, New York. 8:55 P.M. (D.S.T.) Upon application of Joseph Sehoen- stein, 165 The Short Lane, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100:60 for permis- sion to conduct a welding business in a "B" zone. Loca- tion of property: Pipes Neck Road, Greenport, New York, north by Swanson and Abbot; andPuiitzer, east by Keefee; south by 8:05 P.M. (D.S.T.) ll~n ~ Pek~nka and Dobek; west by aPPlication of Steve J. D~ro- [ Main Road. ski'f.N~rth', Ro~d.,',se(g#~ld, ,~,., 9~.I0. 'P.M.' '('D~S:Ti), ~lto~ appl/eation of Fishers Island Development Corporation, Fishers Island, New York, for a Special Exception to the Zon/ng Ordinance, Article III, Section 100-30 B(6) for per- mission to have a fence over six (6) feet in height for a tennis court. Location of pro- potty: Fishers Island Count2y Club, Fishers Island, New York, bounded on the north by Fishers Island Sound, FIDCO, and Nelson; east by Balcom and Wadsworth; south by Pri- vata Road; west by Private Read and Preston-Reid, Inc: 9:20 P.M. (D.S.T.) Upon application of Fishers Island Development Corporation, Fishers Island, New York, for a Special Exception to the Zoning Ordinance, Article III, Section 100-30 B(6) for per- mission to construct an addi- tion to the present golf club house. Location of property: Fishers Island Country Club, Fishers Island, New York, bounded on the north by Pri- vate Read, Moriarty, Van Rengel, Evans, Reid, Wray and Cant; east by Castellano and Miller; south by Block Island Sound; west by Fishers Island Development Corpora- tion. 9:35 P.M. (D.S.T.) Upon applicatinn of Fishers Island Development Corporation, Fishers Island, New York, for a Special Exception to the Zoning Ordinance, Article III, Section 100-30 B(6) and (8) for permission to construct a multiple dwelling to house employees. Location of pro- petty: Fishers Island Country Club, Fishers Island, New York, bounded on the north by Private Road; east by Sea- winde, Inc., south by Sea- wiade, Inc.; west by Private Road. Dated: April 23, 1979. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA26-3198 · being duly Sworn, er of the SUFFOLK ~t Greenport, in said mnexed is a printed [folk Weekly Times ............. weeks LEGAL NOT1CE NOTICE OF HEARINGS Pursuant to Section 267 of the To~,n l~aw 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, South- old. New York, Thursday, May 3, 1979. on the following appeals: 7:30 P.M. (E.S.T.) Upon application of Wayne A. and Kathleen A. DePetris, residing at Clearview Avenue, Southold, New York and John J. and Valerie Kramer residing at 6 Klm Avenue, Smithtown, New York (Edward J. Boyd, V., Esq), for a variance in accor- dance with the Zoning Ordi- nance, Article Vll, Section 100-71 and Bulk Parking Sche- dule for permission to divide property with insufficient area and width and for permission to construct a building with insuf- ficient side yards. Location of property: Main Road, South- old, New York. bounded on the north by Rich~ ~ast by Rich; south by Main Road (State Road 25); west by Scott Ben Corp. 7:45 P.M. (E.S.T.) Upon application of Clinton and Lorraine Finger, 131 Avery Avenue, patchogue, New York, for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Skunk Lane, Cutchogue, New York. bounded on the north by Miraglia: east by Skunk Lane; south by Kowalski, Shepish and Young; west by Miraglia. 7:55 P.M. IE.S.T.) Upon application of Sol Berg, 484 Pine Neck Road, Southold, New York (Gilbert ky(ms, as Agent), tbr a variance in accordance with the Zoning Ordinance, Article IlL Section 100-35 for permission to erect a fence which exceeds the height regulations and in accordance with Article IlL Section 100-32 for permission to construct a tennis court in the front yard area. Location of property: Pine Neck Roa. d, Southold, New York, bounded on the north by Jockey Creek, Pulitzer, Con Hamilton, Gibbons and Pollert; east by Jockey Creek; south by Pine Neck Road; west by Marchese and Pulitzer. ~ 8:05 P.M. fE.S.T.) Uvon~ application of Steve J. Doroski,~ North Road, Southol~ York, for~ variance in accord-~ ance with the Zoning Ordi-~ nance, Art e VIll, Section- 100-81 and Bulk Parking Sche] dule for permission to constru~ a farm building with insuffi, cient front yard setback. Loca tion of property: Ackerly Pont Lane, Southold, New York, bounded on the north by North Road (C. R. 27); east by Village of Greenport; south by Lon8 Island Railroad; west by Acker. ly Pond Lane. 8:15 P.M. (E.S.T.) Upon application of Vincent M. Annabel. Stillwater Avenue, COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says thor she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and thot 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 ..... ~?. ............................ .......... :.: .............. Swom to before me mis ..... ~...'7. ............ day ot ................ BLISH ER'S CERTIFICATE N~c Road; ~ ~ Marchew and Pul tzar. I:OS p.m. (E.S.T.} UIx~. :~flon of Steve J. Doro~l, North Koed, S~ulholcI, New york, for · f~rlilICe in acctx'tl~e with ~lnO Or~l~aflce, Article ¥111, ~f Gr~port; ~x~th by ,~cl R~llro~l; wmt by Act~'ly ~:15 p.m. (E.$.T.) State of Connecticut County of New London On this lss. New London 30th day of April A. D. 19 79 personally appeared before the under- signed, aNotaryPublic, withiuand for said County and State, A.G. Almeida, Controller of THE DAY, newspaper published at New Loodon, London, State of Connecticut, who a daily evening County of New being sworn, states on case of. is hereunto annexed, paper in its days of oath, that the Order of Notice, in the Legal advertisement # 799 a true copy of which was published in said news- issues of the 30th April A.D. 197~ Subscribed and rn to before me this 30th day of April A. D. 19 7% Notary Public. O ~OIL~ NO. 3 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEBE TAKE NOTICE that your application dated ........................... ~.~ ....... ~..~.., 19.~ for permit to construct ........................................ at the premises I~oted at .................................... Mop ~ Block ~ Lot ................................................ is ...... ~. Z ........... ~.~ ........ ~. ~ ........ ~.~.~ .~..~ ................................................................ Building Inspector QWN OF SOUTHOLD, NEW YORK O APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Steve J. Doroski of North Road Name of Appellant Street and Number Southold New York H;~FRV APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........ ~.p..r...~.~...~.0...%...~.~ ............ WHEREBY THE BUILDING INSPECTOR DENIED TO Steve J. Doroski Name of Applicant for permit of ..... ............................. ...................... ............ Street and Number Municipality State (X) PERMIT TO USE (.). PERMIT FOR OCCUPANCY ( ) }. LOCATION OF THE PROPERTY 3..1..0..0....~..~..e.~.[.~....~...o..n...d....~...a..n...e. .................................................. Street Use District on Zoning Mop 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.) Article VIII 100-81 and "Bulk and Parkin~ 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 Cha~. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal glr~l~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o 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 for the reason that applicant requests permission to construct farm building with insufficient front yard setback. (Continue on other side) 1. STRICT APPLICATIONOFTHEORDINANCE would produce pmetlcol ~fflcultl~ orunnec~- ~I-~RDSHIPb~ceu~ proposed construction, under existing ordinance, would interfere with existing facilities. 2. The hordshlp created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because all properties in the immediate vicinity of this property are owned by applicant. 3, The Variance would observe the spirit of the O~inonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT b~ause this property and &ll properties in the immediate vicinity of this property are owned by applicant as part of a farm operation. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Signoture~T'~ ~ April Sworn to this lOth day of ................................................. 19 79. COMMISSION 5~th A. Hubbard . Chairman L~c £. Kopl~lman Suffolk County Department of Planning JOHN V.N. KLEIN. County Executive Veterans Memorial Highway Hauppauge, L. i., N. Y. 979-2918 Town of Southold Board of Appeals May 17, 1979 11787 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Plannlng Commission are considered to be a matter for local determination. A decision of local determi-ation should not be construed as either an approval or a disapproval. Applicant Municipal File Number Steve J. Doroski 2535 Greenport L,~her Company, Inc. - CCN:Jk Very truly yours, '~/kl~\, Lee E. Koppelman ,;~ Director of Planning CH;EF PLANNER TOWN CLERK Building Dept. Planning Bal. Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 765-3783 765-2660 765-1S09 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the .... ~O~,r{~.o.f .Ap~e&~.~ .............. of the town of .... SO.~,thO~0, ................ (agenc~involved) hereby refe~ the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes Steve J. Doroski North Road Southold, New York 11971 ................ Special permits ........ X' ..... variances Location of affected land: ....~/~..zl~k~l.~..~o~,..~,v~..~o~t~:to~[~v..~..~or~ ..................... within 500 feet of: (check one or more) ................ 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: Applioant's property is in a "C' Industrial ~one and ,he was granted permission to oonstruot & storage building for hk~ and tractors 40 feet in width by 100 feet in length with an fioient front yar~ setback. Chad-man Date received by Suffolk County Planning Commission ....................................................................... ~. ~, ......... ', April 13, 1979 Mr. Steve J. Doroski North Road Southold, New York 11971 Re: Variance Application Dear b~. Doroski:' Upon reviewing your variance application we find that although we have a survey, we do not have the exact location y~ou would like to have your building on the property. Enclosed please find the survey you enclosed with your application. Would you be kind enough to draw in the exact location of the proposed building and return the same to our office at your earliest convenience. Very truly yours, bec Enclosure Babette C. Conroy Secretary O 0 JUDITH T. TERRY - TOWN CLERK REGISTRAR OF VITAL STATISTICS ~LEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 April 10, 1979 To: Southold ~own Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2535, application of Steve J. Doroski for a variance. Also included is notification to adjoining property owner as follows: Village of Greenport, New York 11944. Town Clerk ~ JTT/bn cc:file Enc. J BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : STEVE J. ~OROSKI : to the Board of Appeals of the Town of Southold : TO: Village of ~eenport Greenport, New York NOTICE 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 adjacent to your property andlis des- cribed as follows: 3100 Ackerly Pond Lane. Southold. New York. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: County Tax Map # 1000-69-3-2 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: Permission to construct a farm building with insufficient front yard setback, 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article VIII 100-81 and "Bulk and Parking 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, Southold, New York and you ma)' 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 $outhold 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: April 10, 1979 Petitioner PostOfficeAddress North Road Southold, New York NAME PROOF OF MAILING OF NOTICE ADDRESS Village of Greenport 236 3rd Street Greenport, New York 11944 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Theodore Szczotka , residing at North Road, Peconic. New York . being duly sworn, deposes and says that on the lOth day of April ,19 7 9 , 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- fice at Peconic, Ne~v York ; that said Notices were mailed to each of said persons by (certified) :kzlli~e~)cmail. Sworn to before me this lOth day of Apr~.l ,19 79. M,~',"CH -Z LINE FOR PARCEL SEE SEC. NO 059~1-001 9 [3.9A(c) / 55A(c) / / / I0 24.2A (c) Z / h/JAP OF LAND DONAI41JE TO J~C~EO5KI TOwN o~ SO~'THo~.D, N.y.