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HomeMy WebLinkAbout2442 TOWN OF SOUTHOLD, NEW ¥OKK ACTION OF THE ZONING BOAED OF APPEALS AppealNo. 2442 Dated July 6, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF ~HE TOVFN OF SOUTHOLD To Mr. and Mrs. Edward Adams 4055 New Suffolk Avenue Mattituck, New York 11952 DATE.~.~D.~..4, 1978 Appellant at a meeting of the Zonh~ Board of Appeals on July 27, 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 Zonin~ Ordinauce ( ) 1978 the appeal 1. SPECIAL EXCEPTION. By ~tion of the Bo~d ~ was determined th~ a ~e~al exception ( ) be granted ( ) ~ denied pursuant ~ Article .................... Section .................... Subs~tion .................... para~aph .................... of the Zenin~ Ord~ce and the dec,ion of the Bu~d~g I~pector ( ) be reversed ( ) be ce~med b~a~e 8~20 P.M. (D.S.T.) Upon application of Mr. and Mrs. Edward Adams, 4055 New Suffolk Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to construct an underground swimming pool in the front yard. Location of property: New Suffolk Avenue, Mattituck, New York, bounded on the north by A. Mileski; east by H. Sacks; south by New Suffolk Avenue; and west by Maratooka Road. Z. VARIANCE. By resolution of the Board it was determined that (a) S~rict appl/cation of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicini~ of this propert~ and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) char~ge the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZO~BOARD OF APPEALS Chapman uu~,,, ..... After investigation and inspection the Board finds that the applicant requests permission to construct an underground swimming pool in his front yard. The applicant is hindered by the fact that he has two front yards. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unitue 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. Tuthill, seconded by Mr. Bergen, it was RESOLVED that Mr. and Mrs. Edward Adams, 4055 New Suffolk Avenue, Mattituck, New York, be GRANTED permission to construct an underground swimming pool in the front yard. Location of property: New Suffolk Avenue, Mattituck, New York, bounded on the north by A. Mileski; east by H. Sacks; south by New Suffolk Avenue; west by Maratooka Road. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. Legal Notice of Hearings -2- f 8:20 P.M. (D.S.T.) Upon application of Mr. July 27, 1978 and Mrs. Edward Adams, 4055 New Suffolk Avenue, Mattituck, New York, for a variance in accordance with the Zoning ordinance, Article III, Section 100-32 and Bulk Schedule to construct an underground swimming pool in the front yard. Location of property: New Suffolk Avenue, Mattituc, New York, bounded on the north by A. Mileski; east by H. Sacks; south by New Suffolk Avenue; and west by Maratooka Road. ~ 8:30 P.M. (D.S.T.) Upon application of Southold Rotary Club, $outhold, New York, for a special exception to the Zoning Ordin- ance, Article III, Section 100-30 C 6 f for permission to erect an off-premises sign. Location of property: Triangle Park, Southold, New York, bounded on the north by Lower Road; east by H. A. Goldsmith; south by Main Road and west by Lower Road. 8:35 P.M. (D.S.T.) Upon application of St. Peters Lutheran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to erect an off-premises sign on property of Case. Location of property: Middle Road, Cutchogue, New York, bounded on the north by Middle Road; east by J. Townsend, Jr.; south by Long Island Railroad; west by J. Bednoski, Jr. 8:40 P.M. (D.S.T.) Upon application of St. Peters Lutheran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to erect an off-premises sign on property of Olsen. Location of property: Route 25, Mattituck, New York, bounded on the north by Main Road ( S. R. 25); east by S. Kander; south by K. B. Tuthill; west by H. Pollak. 8:45 P.M. (D.S.T.) Upon application of Helen Weevnik, Central Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area and frontage. Location of property: Lots Nos. 140 and 147 Map No. 1672, Captain Kidd Estates, Mattituck, New York. Reslyn Height, New YOrk, for a variance in accordance with the Zoning Ordinance, Article III Sect/on 100-30 and Bulk Se~ule to divide property with insufficient frontage. Location of property: Grand Avenue, Mattituck, New York, bound.e~i on the north by Jemmob~, east by Young; south by Maple Avenue; and west by Grand Avenue. ,,m v* 8:20 P.M. (D.S.T.) Upon application of Mr. and Mrs. Edward Adams, 4055 New Suffolk Avenue, Mattituck, New York, for a variance in accordance With the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to construct an underground swimming pool in the front yard. Location of property: New Suffolk Avenue, Mat- truck, New York, bounded on the north by A. Mileski; east by H. Sacks; south by New Suffolk Avenue; and west by Maratnaka Road. 8:30 P.M. (D.S.T.) U~ application of Sonthold Rotary Club, Southold New York, fbr a special exception to th~ Zoning Ordinance, Article IH, Section 100-30 C 6 f for per:- mission to erect an off- premises ~ign. Location of property,. :; Triangle Park, SerfhoOd, New York, bounded on~ by Lower Road; easf~i~ A. Goldsmithi sOUth by Main Road and west by Lower Road. 8:35 P.M. (D.S.T.) Upon application of St. Peter's Lutheran Church, Main Road, Greenport, New York. for a special exception to the Zoning Ordinance, Article III, ,~aofion IOtL.~I C S f for uer- COUNTY OF SUFFOLB., STATE OF NEW YORK, ~ ss: TROY GUS~I~VSON being duly Sworn, says that ..H~ ... is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Week]o/ Times once in eoch week, for ......... .O..NE. .............. weeks successively commencing on the ...... T~4~T~ET[~ ........ of ... .... ......................... Sworn to bede me dayof ..... LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the pro- visions of the Amended Build- ing 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. 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, bounded on the north by right-of-way; east by V. Ladeck; soutl~ by Corey Creek; west by K. Isles. 7:40 p.m. (D.S.T.) Upon application of James F. Farland, 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 plade a s~orage shed in the side yard. Locution of property: Little Peconie 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 Jerie Newman, Private Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-32 and Bulk Schedule to cellstruct 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, Jr.,; south by School District No. 2; west by M, Antonazzi. 8:10 p.m. (D.S.T.) Upon application of Beverly An- drews, 87 Edward Street, Roslyn Height, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule to divide property with insufficient frontage. Lo. cation of property: Grand Avenue, Mattituck, New York, bounded on the north by Jemmot; east by Young; south by Maple Avenue; and west by Grand Avenue. 8' tnnlication 9f Mr. and Mrs. Edward Adams, 4055 New Suffolk Avenue, Mattituck, New York, for a variance m accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to construct an underground swimming pool in the front yard. Location of property: New Suffolk Avenue, Matti- tuck, New York, bounded on the north by A. Mileski; east lby H. Sacks; south bY New Suffolk Avenue; and west by Maretooka Road. 8:30 p.m. (D.S.T.) Upon* application of Southold Rota~ Club, Southold, New yo~k, for a sPecial eaception-~ the COUNTY OF SUFFOLK STATE OF NEW YORK Patricio 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 Lan? Island Traveler-Watch- man once each week for .......... [. ............................ weeks successiv~, ~ommencing on the . ..~...;....., ......................... ..... ....................... TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FiFe No .....~4.4~ .................................................. Date ....................... ,~.U~L~..~,7., .............. , 19..7-8. PLEASE TAKE NOTICE that your application dated ........................ ~.u1~..26., ......... , 19..'/.8.~ for permit to construct s~ri,-,,,irlg pool ...at the premises located at ..~w..~,uf,~O.l.k ....... . Av. erme.,...l~.t.t.t.~uok, ..~l,,w...Zork... ~ Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following groands .......... .~.~ ....... ..... ........................................................................................................................................... 1000-115-4-10 & 34 Building Inspector George ~t.~her O O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 June 26, 1978 TELEPHONE (516) 765-1801 JTT/BN To: Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2442, application of Mr. & Mrs. Edward Adams for a variance. Also included are notification to adjoining property owners as follows: Mr. & Mrs. Harry Sacks, New Suffolk Avenue, N.Y.; Mr. & Mrs. Antone E. Mileska, Main Road, Mattituck, N.Y. 11952 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)~/~J.~....~......~..~...~......~...~.....~....~..~...~....of ...~.Q~...~......./~...~...~'.....'~...~.~.~...~...~...~.. .............. Name of Appella,n* Street and Number .......... ~..~....~../...~'.~.~...~.. .................................... ././..~...~'..~. ..... ,~/~..~....~....~..~...~....~'....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .. .~(..~.~..;... WHEREBY THE BUILDING INSPECTOR DENIED TO Z//~'/7~/ ........ ............................. Name of Applicant for permit ................ ................ ...... Street and Number , Municipality State of PERMIT TO USE PERMIT FOR OCCUPANCY ~') ( ) ( ) 1. LOCATION OF THE PROPERTY ,..~...~..~.~...,,~..4~,...~,,..~..~...~.,~.~...¢~......~...~"~... .............................................. 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 Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (/~v') A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. ~6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ( (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request {or a special permit ( ) request {or o variance and was mode 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 ~r)~d-~¢ ~.~z,~ pc (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 ~'~e /~7~0~ ~/~,~ ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ~~~ ~ ss COUNTY 0 Signature Sworn to this ......... ..~...~. .............................. day of .........,~ .............................. 19 '7~ 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: I That it is the intention of the undersigned to petition the Board of Appeals of the Town of Suuthold to reques't a.(Variance) (S~ec a ~xception) (~) (the follow ng relief L~y~) ~z~ :~. C~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ffO~9'~/~z~'~z~ ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ,~r. ./'-/7 ~' C /O C~ - .~ -~- 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: ~'6t t~' ,O~ / ~' Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICF ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ff./~/,~ z~4: , being duly sworn, deposes and says that on the 2~' day of .-7'c/~ ~:~ ,19 7~ , 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 ,,,~.,,f',,~/-/~ ~.~c:/d.- ; that said Notices were mailed to each of said persons by (certified) (regi~,~'ed) mail. Sworn tpJ~efore me this ~ ~ (:~ day of .'~,/.<~-~ ,19 ~$ Notary Public SUSAN I. DENNIS NOTARY pUBLIC, State oJ New yor~ No. 52.4622902 Quollfied in Suffolk County ~) Commission Expires March 30, 19w- ,../ 6 4 $ ~5 Z9 -® 20 2 2.7A(C) TOWN OF SOUTHOLD ~8 2.6A L~ lO 2.4A~ 22 ~RCEL NO fC NO 122 7-08-004 - LINE 4 45.3 AEC) )LK I 5. SA(c) 15.3A[c) MATCH ~' LIllE FOR PARCEL NO SEE SEC NO 123-01-001 MATCH LINE PROPERTIES DISTRICTS NOTICE Legend 12 25 / 26 2.2~ (c)