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Home My WebLink About2528 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARJ) OF APPEALS AppeaI No. 2528 Dated March 5, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Eugene L. and Judith Fischer 400 Majors Path Southold, New York 11971 DATE...~X...~.e. 1979 Appellant at a meeting of the Zoning Board of Appeals on April 12, 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 ( ~ Request for a variance to the Zoning Ordinance ( ) the appeal L SPECIAL EXCEPTION. By resolution of the Board it was determined th~ a special exception ( ) be ~anted ( ) be denied pursuant ~ ~tiele .................... Section .................... Subsection .................... para~aph .................... of the Zoning Ordinance and the decision of the Bui~ing I~peetor ( ) be reversed ( ) be conf~med became 7:55 P.M. (E.S.T.) Upon application of Eugene L. and Judith Fischer, 400 Majors Path, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C(5) for permission to have a stable closer than 40 feet to any lot line. Location of pro- perty: Majors Path, Southold, New York, bounded on the north by K. Mitchell; east by Tubb; south by Hansen; west by Majors Path. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (b) The hardship created (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 (e) The variance (does) (does not) observe the spirit of the Ordinance change the character of the district because and (would) (would not) SEE REVERSE 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 BOARD OF APPEALS ) be denied and After investigation and inspection the Board finds that the applicants request permission to house a pony within 40 feet of a lot line. This is an area of relatively small lots and since the property contains 15,000 square feet, which is considerably under the 40,000 square feet required by the Zoning Ordinance, the Board feels that the applicants should not be permitted to house a horse on their property, even though they are able to acquire the additional square footage from an adjoining property owner. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Tuthill, it was RESOLVED, that Eugene L. and Judith Fischer, 400 Majors Path, Southold, New York, be DENIED permission to have a stable closer than 40 feet to any lot line. Location of property: Majors Path, Southold, New York, bounded on the north by K. Mitchell; east by Tubb; south by Hansen; west by Majors Path. Vote of the Board: Ayes: Messrs: Gillispie, Doyen and Tuthill. Nay: Messr Grigonis 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, April 12, 1979, on the following appeals: 7:55 P.M. (E.S.T.) Upon application of Eugene L. and Judith Fisher 400 Majors Path, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C(5) for permission to have a stable closer than 40 feet to any lot line. Location of property: Majors Path, Southold, New York, bounded on the north by K. Mitchell; east by Tubb; south by Hansen; west by Majors Path. 8:15 P.M. (E.S.T.) Upon application of Ronald H. Roberts c/o First Towne Realty, Southold, New York, for a variance in accordance with the Zoning ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to reduce front yard setback. Location of property: Lot No. 151, Cedar Beach Park, Southold, New York. 8:25 P.M. (E.S.T.) Upon application of Daysman Morris, 2760 Yenne- .c~t~'D~ive, Southold, New York, for a variance in accordance with the -z6ning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Linnet Street, Greenport, New York, bounded on the north by Linnet Street; east by Fi Field; south by H. Wyche, PK Realty, Riverside Homes; west by J. Crenshaw. 8:40 P.M. (E.S.T.) Upon application of Lim-Con Enterprises, 1455 Vets Highway, Hauppauge, New York, for a special exception in accor- dance with the Zoning ordinance, Article VI, Section 100-60 C (2) (a) for permission to have sign which exceeds the area and height require- ments for ground signs. Location of property: northeast corner of LEGAL NOTICE NOTICE OF ItEARINGS Pursuant to Section 267 of the Town Low and the provis- ions of the Amended Bui]din~ Zone Ordinance of the Town o~ Southold, New York, oublic hearings will be held[~vy the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, April 12, 1979, on the followin~ appeals: 7:55 P.M. (E.S.T.) l, lpan anniication of Euaene L. and Judith Fisher, 400 Mators Path, Southold, New YOrl~; for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (5) for permission to have a stable closer than 40 feet to any lot line. Location of property: Majors Path, Southold, New York, bounded on the north b) K. Mitchell; east by Tubb; south by Hanson; west b} Majors Path. 8:15 P.M. (E.S.T.) Upor application of Ronald H. Ro- berts c/o First Towne Realty, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permis- sion to reduce front yard setback. Location of property: Lot No. 151, Cedar Beach Park, Southold, New York. 8:25 P.M. (E.S.T.) Upon application of Daysman Mot- tis, 2760 Yennecott Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permis- sion to divide property with insufficient area and width. Location of property: Linnet Street, Greenport, New York, bounded on the north by Lin- net Street; east by F. Field; south by H. Wyche, PK Real- ty, Riverside Homes; west by J. Crenshaw. 8:40 P.M. (E.S.T.) Upon application of Lim-Con Enter- prises, "~5 Vets Highway, Hauppa New York, for a special ~xception in accer- dance with the Zoning Ordi- nance, Article VI, Section 100-60 C (2) (a) for permission to have' ' which exceeds the area ano height requirements for ground signs. Location of property: northeast corner of Factory Avenue and Main Road, Mattituck, New York, bounded on the north by Beth- any Cemetery Association; east by Bethany Cemetery Association; south by Main Road (State Road 25); west by Factory Avenue and Ardprop, Inc. 8:50 P.M. (E.S.T.) Upon application of Anthony and Louise Zotto, 50-42 185th Street, Flushing, New York (Peter Stoutenburgh, as Agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Sehe- dule for permission to con- struct an addition to existing house with insufficient front yard setback. Location of pro- perry: Bittersweet Lane, Cut- chogue, New York, known as Lot No. 33, Filed Map 1179, Nassau Farms, Culchogue, New York. 9:15 P.M. (E.S.T.) Upon application of Royal R. Rey- holds, 27 Schaefer Street, Hun- tington, New York, for a vari- ance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Park- ing Schedule for permission to construct a house with insuifi- cient front yard setback. Lo- cation of property: Vanston Road~ Cutohogue, New York, bounded on the north by Quig- ley; east by Hart and Gina; south by Braatz; west by Vanston Road. Dated: Arpil 2, 1979 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA5-3191 )F SUFFOLK, I NEW YORK, ?ss: ./.~!~a.v.$o:l ............... being duly Sworn. l~e.. · is Printer and Publisher of ~he SUFFOLK I'IMES, a newspaper published ~rt Greenport, in s~d d ~at the noti~, of which ~e ~e~ is ~ ~int~ ~en published in the ~d Suf~lk Week~ Times ch week, tot . . . o~ .................... w~ks ly commencing on ~e ...~:n .................... ................... ~fore me i~is/:..~.~ ..... ' . , . .... ,,. I ~ ' "' '~' ' '~ch3O lg. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 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 Road, Southold, New York, on Thurs- day, April 12, 1979, on the following appeals: 7:SS P.M. (E.S.T.),.U~on. application of Eu~ene L. and 'Judith Fisher~ 400 Malors "~ath, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C(5) for! permission to have a stable closer than 40 feet to any lot line. Location of property: Majors Path, Southold. New York, bounded on the north by K. Mitchell; east by Tubb; south by Hansen; west by Majors Path. 8:15 P.M. (E.S.T.) Upon application of Ronald H. Ro- berts c/o First Towne Realty, Southold. New York, for a variance in accordance with the Zoning Ordinance, Article Ill. Section 100-31 and Bulk Parking Schedule for permis- sion to reduce front yard setback. Location of property: Lot. No. ISI, Cedar Beach Park, Southold, New York. 8:25 P.M. (E.S.T.) Upon application of Daysman Mor- ris, 2760 Yennecott Drive. Southold, New York, for a variance in accordance with the Zoning Ordinance, Article I11. Section 100-31 and Bulk Parking Schedule for permis- sion to divide property with insufficient area and width. Location of property: Linnet Street, Greenpert, New York, bounded on the north by Linnet Street; east by F. Field; south by H. Wyche, PK Realty, Riverside Homes; west by J. Crenshaw. 8:40 P.M. (E.S.T.) Upon application of Lim-Con Enter- prises, 1455 Vets Highway, Hauppauge, New York, for a special exception in accor- dance with the Zoning Ordi- nance, Article VI, Section 100-60 C (2) (a) for permission to have sign which exceeds the area and height requirements for ground signs. Location of property: northeast corner of Factory Avenue and Main Road, Mattituck, New York, bounded on the north by COUNTY OF SUFFOLK STATE OF NE-V,/ 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 Count; and that the notice of which the annexed is a printed copy, t~as been published in said Long .Island Traveler-Watch- man once each week for ............. l .......................... weeks successively, c.omrnencing on the ...................... Sworn to before me thi~ ....... ~ ............... day ot 19...~..~.. t FORM l~O. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE 01' DIS^i'PROV^t- File No ................................................................. Date /~ 7'~ c~ 197~,. PLEBE TAKE NOTICE that yo.r application dated ............................. for permit to construct ~Z/.~...~....~~he~e~i~;;~oted at ........... ~.~.,~ ............... ............ ~.~J.~.~.5 .................................. Str~ Map .................................... Bilk ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ...................................... - .................... HO~SE~ -- E~N NOT ~E HOUEE~ ~T~ tH . .. ................ .r...('......) ................... FOO~ ................................... .................................. d~?..r..Z~ ....... ~....~) ............................................................................... ...~~...../...~....,.~Z...~.. ' Building Inspector Ax" ~'.t - 3.- b = /(, gO:l APPEAL FRO/:~ D.F.,C. JSI.ONJ. OF BUIlDINg. INSPECTOR ~ ~.~,~ m~q ~q~J~b~ ~HAHI~ ~T ~ ~lT~lJqqA ~I~T~ .I TO THE ZONING BOARD OF APPEALS, TO~ OF S~THOLD, N. Y. 1, (We,~~.~...~../~f ........ ].~'..~~.~.~ ~Nam~of Appellant Stree~and Number ............................................................................................. ~ .............. HEREBY APPEL TO Municipality ~State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATE~....~......./..?...Z .~.. ........ WHEREBY THE BUILDING INSPECTOR DENIED TO o, ....... ....... . .... Street andf~Number Municipality State ~X~) PERMIT TO USE ~mi~ nP~F~R~T FOR OCCUPA~,~Y 1. LOCATION OF THE PROPER~ ~...~~; ............... /~.~..T..~..~.T~ .... ~Street Use District on Zoning/Mop Map No. Lot No. 2. 'Is~o~)IsIoN'(~) ~F 1'i-tE ZONING'ORDINANCE APPEALED (Indicate th~ Article. Section, Sub- section and Por*groph of the Zoning ~rdinonce b~ number. D6*n~ quBte the Ordinon~e.) 3. TYPE OF APPEAL Appeal is made herewith ~or ( ) A VARIANCE due to lack of access (State of N~~~p~¢~(~ Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~s) (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 variance a and was made in Appeal No ................................. Dated , ,.. . REASON FOR'APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) P~orm ZB1 (Continueon .............. other s,.cl..e.l: ..................... ~itd~J ,¢IDtoH O O REASON FOR APr~r. AL I. STRICT APPLICATION OF THE ORDINANCE would produce practical diffteultlee ar unneeee- sory HARDSHIP becm~e 2. The hard~hip created is UNI(~UE and i~ ~ shared by all pmpeeti~ alike in Ihe ~ vicinity of this prape~/m~d in this ule dll~'i~t beram~e / / . ~ ~ . ' ~ / / / '- "/~/-z_" .... ~' ~ ~ ~ ~'~' - ' ".' 3. ~ Vari~e ~ ~ ~ ~ ~ ~e O~i~e ~ ~ ~ C~ THE CHARACTER OF THE DISTRICT ELIZABETH ANN NL~/ILLE NOTARY PUBLIC, State of I~e~v Y6rk No. 52-B]25850, Suffolk County Term Expires March 30, O O 3. Nature of work (check which applicable): New Building .......... Addition. ~. ...... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost .q/.0.~..0.. ~.t~ ./~..~...<~. ................. Fee ...................................... (to be paid on filing this application) 5 If dwelling number of dwelling units - Number of dwelling units on each floor If garage, number of cars ... f. .................................................. . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . ..-~ ................. 7. Dimensions of existing structures, if any: Front... [.~. ......... Rear .../..6 ......... Depth...'~. ~ ......... / ~ Number of Stories / Height ...................................................................... Dimensions of same structure with alterations or additions: Front .~. ~ ............. Rear . ...~. ............. Depth .. ~. ~.. .. Height ../.Y~. ................ Number of Stories. ~. ................... 8. Dimensions of entire new construction: Front ../..O .......... Rear .. ,/.o. .......... Depth ....=~...~.~ ...... Height../...~c..........NumberofStories .... /... ............................................... . . 9. Size of lot: Front .. ,Z ~.~. ............. Rear .... /..~:~...~ ............ Depth .. ?'~--~.: ........ 10. Date of Purchase .~'/.2~M'..~. .................. Name of Former Owner ~Y.~. ~..L.:. ~./.~C~.~... 11. Zone or use district in which premises are situated. _~'t~/./-~'~O./.(~ ........................................ 12. Does proposed construction violate any zoning law, ordinance or regulation: .~/.~.,5 ...................... 13. Will lot be regraded . ..'~. ?. ...................... Will excess fill be removed from premises: les 14. Name of Owner of premises ~'~.~.~.~. ~./XO~..~..~'... Address .~.00~O~/~0'~/t~x.-~. Phone No..'~.~..'~.~ ~.2~..7.~... Name of Arohitect ...... .~ .................... Address ...... .~'.o.~....~./~... Phone No ................ Name of Contractor .. ~ ~ Address .... Phone No ...... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or Coruer lot. STATE OF NEVi' ~'ORK .... s.s (Nar(ne of individual signing contract) above named. /oO. being duly sworn, deposes and says that he is the applicant He is the...~ .......................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true tothe best of his knowledge and belief; and that the work will be performed in the manner set forth in the application fried therewith. Sworn to before me this ........... ~ ........... day of...~ ....... , 19.7..~ Notary Public, . ............................. ~ ~ . .~ .~. ¢o..,~o~ ,,~,., ~,~ ,~. applicant) May 10, 1979 ~. and Mrs. Eugene L. Fischer 400 Majors Path Southold, New York 11971 Re: Appeal No. 2528 Dear Mr. and Mrs. FisCher: Enclosed please find a corrected photostatic copy of your decision on Appeal No. 2528. Then the original photocopying was done, two de- cisions were inadvertently reversed. I sincerely applo- gize for this error and trust it has not caused you any undue inconvenience. Very truly yours, Babette C. Conroy Secretary Enclosure ~ O O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 March 5, 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2528 application of Eugene L. & Judith A. Fischer for a variance. Also included are notification to adjoining property o~ers as follows: Mr. & Mrs. Sidney C. Tubb, 144-79 37th Ave., Flushing, N.Y.; Mr. & Mrs. William Hansen, Main Bayview Road, P.O. Box 1401, Southold, N.Y; Mr. & Mrs. Kevin Mitchell, 119 Lyons Street, Valley Stream, N.Y. 11580. ~dith T. Terry ~ Town Clerk ~ JTT/bn CC:file Enc./ March 28, 1979 Southold Town Clerk's Main Road Southold, NY 11971 Office Attention: Members, Board of Appeals of the Town of Southold Gentlemen: We recently received a Notice of Petition from my neighbors Eugene and Judith Fischer requesting a variance to house a horse on their property at 400 Majors Path, Southold. Please be advised we are against such a petition and ask the Board of Appeals to deny the Petitioners variance request. Our house was purchased for our retirement, to enjoy the peace that nature provides at Southold and not to be disturbed by a housed horse nearby. We are sorry for our neighbors inconvenience if the Board denies their request but we have a considerable financial investment in our property and a desire to enjoy it peacefully, Without horses. Thank you for your assistance. Very truly yours, ~ .~ s. Sidney C% Tubb PoSo My mailing address for any notices at Southold is: 7-32B Point Crescent, Malba, NY 11357; not 144-79 37th Avenue, Flushing which is a two family home we own but do not live in. By the time my tenants notified us of a certified letter, weeks were lost in our response. This mailing address was changed years ago! BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : t~d the Board of ~eals of the Town of Southotd : TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. Tha~e intention of the undersigned to petition the Board of Appe.al, s of the To--Id to req.uest ~_..(Varian~) (Special Exception) (Special Permit) (the roi!owing relief:.~-~/-.~7.~ 2. That the prot)erty which is the subiect of the Petition is located adjacent to yo, u~ pr, o. perty and is des- cribed as follows: /L~-' ~ ~ /-~'~_~'L~ 3. lhat t~ property which is the subiect o.f suc~h Petitipn is located in the following z~ning district: 4. That by such Petition, the undersigned will request the following relief: ~ 5. That/tJ~e przovi,sj_ons of thezSouthold Town Zoning Cod~e applicable to the relief sought by the under- signed are: 6. That within five days from the date hereof, a written Petition requesting the relief s~ecified 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 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. Po~,t Offic, e Add~'ess PROOF OF MAILING OF NOTICE NAME ADDRESS STATE OF NEW YORK) COUNTY OFSUFFOLK) SS.: ~._ ~/.~-~,~ IF , being duly sworn, deposes and says that on the~_~'~jL~ day of /~/~q ~r h ,19 ~_~, deponent mailed a true copy of the Notice set forth on the re- verse s'ide' I~ereo{, directed to each of the ~bove-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 ~C~ ~ ~:~L ~ o ~'1 /LJ , //( ; that said Notices were mailed to each of said persons by (certified) (regstered) ma . " /' Sworn to before me this day of /~rr'~ ,19 0 l~otary Publi~ - ELIZABETH ANN NEVILIR NOTARY PUBLIC, State of New York No. 52-$12§850, Suffolk C0ufltv Term Exoires March 30, lg,~) tOO. DO z.-, J. '~t A V I{v :C Ca : t~:f,.; J L.ID r-TH Alq t.~ 33