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Home My WebLink About2401 TOV~N OF ~OU~HOLD~ NE~ YORK ACTION OF THE ZONinG ~OA~D OF APPEALS Appeal No. 2401 Dated March 8, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTNOLD To Charles A. Bolsch (Gary Olsen, Esq.) 30 Roosevelt Street Little Valley, NY AppeLant at a meeting of the Zoning Board of Appeals on March 23, was considered and the action indicated below was taken on your ( y] Request for variance due to lack of access to property ) Bequest for a special exception under the Zoning Ordinance ) Bequest for a variance to the Zoning Ordinance ) 1978 the appeal 1. SPECIAL EXCEPTION. By ~solut~n of ~e Bo~d it was d~errnined that a special exception ( ) be graded ( ) ~ denied pursua~ to Article .................... Sect~n .................... Subsection .................... p~agraph .................... of the Zoning O~inance and the decision of the Building I~pecinr ( ) be reversed ( ) be co~irmed became 8:37 P.M. (E.S.T.) upon application of Charles A. Bolsoh, 30 Roosevelt Street, Little Valley, New Jersey for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Indian Neck Lane, Peconic, New York, bounded on the north by W. Zurl; east by Tuthill Bungalow Properties, Inc.; south by Pizzarelli; west by P. Wood; Lot 2, Minor Subdivision #87. 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 spirit of the Ordinance and (would) change 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. APPROV['~ SEE REVERSE ZONING BOARD OF APP FORM ZB4 After investigation and inspection, the Board finds that the applicant requests approval of access, right-of-way off Indian Neck Lane, Peconic, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary harship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this 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. THEREFORE IT WAS RESOLVED, Charles A. Bolsch, 30 Roosevelt Street, Little Valley, New Jersey be GRANTED approval of access over the existing easterly right-of-way off Indian Neck Lane, Peconic, New York, to Lot #2 of Minor Subdivision #87. The right- of-way should have 15' of clearance and is subject to the approval of the Building Inspector. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. RECEWED A~D F!,~ED BY TiLE SOUIHOLD ,..-~,-~ DATE ~/-/q-fr HOUR / ~TCT~*rk, Town of Southold 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, March 23, 1978, on the following appeals: 7:55 P.M. (E.S.T.) upon application of Patrick Edward and Linda Martz Lyons, Main Road, Orient, New York (George Stankevich Attorney) for a special exception in accordance with the Zoning Ordinance, Article XI, Section 100-118 D for permission to reinstate non-conforming, two-family use. Location of property: North side Main Road, Orient, New York, bounded on the north by D. Rose; east by Finkle; south by Main Road; west by D. Moore. ~- 8:05 P.M. (E.S.T.) upon application of Charles A. Bolsch,~ 30 Roosevelt Street, Little Valley, New Jersey (Gary Olsen, ~ Attorney) for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Indian Neck Lane, Peconic, New York, bounded on the north by W. Zurl; east by Tuthill Bungalow Properties, Inc.; south by Pizzarelli; west by P. Wood; Lot 2, Minor Sub. #87. 8:15 P.M. (E.S.T.) upon application of Wilford Kryger, 130 Washington Drive, Centerport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient front yard setback. Location of property: Westphalia Road and Deer Drive, Mattituck, New York; Lot ~19, Map of Deer Park, Filed Map #3204. 8:25 P.M. (E.S.T.) upon application of Victor Teich c/o Butt G. Lewis, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule, and the Town Law, Section 280 A for permission to change lot lines and approval of access. Location LEGAL NoTIcE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisioas 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 Halli Main Road, Southold, New York, on Thursday, March 23, 1978, on the following appeals: 7:55 P.M. (E.S.T.) upon ap- plieation of Patrick Edward and Linda Martz Lyons, Main Road, Orient, New York (George Stankevich, Attorney) for a spocial exception in accordance with the Zoning Ordinance, Article XI, Section 100-118 D for permission to reinstate non- conforming, two-family use. Location of property: North side Main Road, Orient, New York, bounded on the north by D. Pose; east by Finkle; south by Main Road; west by D. Moore. '~ ~. 8:05 P.M. (E.S.T.) upon ap- plication of Charles A. Bolsch, 30 Roosevelt Street,. Little Valley, New Jersey (Gary Olsen, At- torney) for a variance in ac- cordance with the Town Law, Section 280A for approval of access. Location of property: Indian Nec]~ Lane, Peconic, New York, bounded on the north by W. Zurl; east by Tuthill Bungalow Properties, Inc.; south by Piz- zarelli; west by P. Wood; Lot 2, Minor Sub. No. 87. ~m 8:15 P.M. (E.S.T.) upon ap- plication of Wilford Kryger, 130 Washington Drive, Centerport, COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: TROY (~.JSTAVSON being duly Sworn, says that ....H~.... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~xt Greenport, in said county: and that the notice, of which the annexed is u printed copy, has been published in the /mid Suffolk Weekly Times once in each week, fur ONE weeks successively commencing on i/he ... :~TX~EFI/TI~ ........... day of ....... ~.~- .~:~-~... .~. Sworn to before me this ........ .... 2 ........ ..... 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, March 23, 1978, on the following appeals: 7:55 P.M. (E.S.T.) upon application of Patrick Edward and Linda Martz Lyons, Main Road, Orient, New York (George Stankevich, Attorney) for a special exception in accordance with the Zoning Ordinance, Article XI, Section 100-1lSD for permission to reinstate non-conforming, two -family use. Location of pro- perty: North side Main Road, Orient, New York, bounded on the north by D. Rose: east by Finkle; south by Main Road; l:~..[K~oore. ~ 5~ P.M~. (E.S.T.) upon application of charles A. Bolsch. 30 Roosevelt Street, Little Valley, New Jersey (Gary Olsen, Attorney) for a variance in accordance with the Town Law, Section 280A for approval of access. Loca- tion of property: Indian Neck Lane. Peconic. New York, bounded on the north by W. Zurl; east by Tuthill Bungalow Properties, Inc.; south by Piz- zarelli; west by P. Wood; Lot~ b2, Minor Sub. #87. 8:15 P.M. (E.S.T.) upon application of Wilford Kryger, 130 Washington Drive, Cen- terport, New York for a var- iance in accordance with the Zoning Ordinance, Article Ill, Southold Savings Bank, Main , Road, Southold, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to divide property with insuffi- cient width. Location of pro- perty: East side Youngs Av- enue, Southold, New York, bounded on the north by Long Island Railroad; east by F. °- Rich; south by Eiseman; west by Youngs Rue. 9:00 P.M. (~E?~.T.) upon application of Angelo Francis Corva, 159 Great Neck Road, Great Neck, New YOrk (Rich- ard Lark, Attorney) for a variance in accordance with the Zoning Ordinance, Article 11I, Section 100-31 and Bulk Schedule for oermission to COUNTY OF SUFFOLK ss: STATE OF NEVV YORK Patricia Wood ~L~4~(~ being duly sworn, says that she is 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, kas been published in said Long Island Traveler-Watch- man once each week for .......... ./. ........................... weeks ~uccessively, commencing on the ..~.'i.( ................................ Sworn to before me this ..... (:..[ .............. ~¥ o, .,,.. ................... ~.. ............. 19.. X.._5 Notary Public FOBM NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ........................... Date ........................................................ , PLEASE TAKE NOTICE that your applicati._>~on dated .................................................... , 19 ........ for permit to~--...at the premises located at .................................... ...................................................................... Street Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ............................................................ 0(- i cc Building Inspector TOWN OF SOUTHOLD, NEW YC~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~:~ DATE ...~./. ~/.~. ~.. ...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~ ...Cb,8,~.le,%,~....~.QJ,s.c;h ......................... of .;~.O..l~).Q~fLy.~..1J,.~l:.r.~..e..t. ................................... Name of Appellant Street and Number ...... Little..Valley ............................................................. Municipality .N.J....Q2.$.4.2 ........ HEREBY APPEAL TO 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 Name of Applicant for permit of ,.3fl ..SL~oae~el L .S~m.e~t ............ Lit~La..V. alley ............ 1NJ.....O.7.6~3 .................. Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY (X) Access Variance 1. LOCATION OF THE PROPERTY Iad~an .Zg.e:g.l¢; L.~°~..~.~.¢.q~.Q.~...~.~.....~.g.r~i.c...u..~.t..u..r...a..~..~.R...esidentia Street Use District on Zoning Mop Mop 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 quo¢e the Ordinance.) Section 280 A of the Town Law. 3. TYPE OF APPEAL Appeal is made herewith for ( ) 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 al)peal (~ (has not) been made with respect to this decision of the [.k~ikhng Inspector ar wllh tesl)ecl to Ibp, prupcrly. Such Gppeal was ( ) request for o special permi! ( ) request for a 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 requested for the reason that Fm~n ZB1 (Continue on other side) Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11971 Telephone: 765-~[ 1802 APPEAL BOARD MEMBERS Robert '~". GiUispi¢, Jr., Chairmen Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. J~m~es Maimone April 6, 1978 Gary Olsen, Esq. P.O. Box 38 Main Road Mattituck, NY 11952 Re: Bolsch right-of-wa~ off Indian Neck Lane, Peconic. Dear Mr. Olsen: On March 23, 1978, the Board of Appeals granted the applicant, Charles A. Bolsch, approval of access to Lot ~2 of the Andrew Hahn minor subdivision subject to the condition that the road' meet with the approval of the Building Inspector. On Friday, March 31, 1978, Building Inspector Edward Hindermann made an inspection of the subject premises. He reported that the surface of the road is acceptable but that the brush along the sides of the right-of-way should be cleared to allow for a road width of 15'. .oU 1 y your~ cc: Burr Lewis Southold Town Board ppeals SOUTHOLD, L. I., N. Y. T¢lepho.~ 7~5i~8~0 2 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles GriBonis, Jr, Scr~e Doyen, Jr. James Maimone April 4, 1978 Rudolph Bruer, Esq. Main Road Southold, NY 11971 Re: Bolsch right-of-way off Indian Neck Lane, Peconic. Dear Mr. Bruer: On March 23, 1978, the Board of Appeals granted the applicant, Charles A. Bolsch, approval of access to Lot #2 of the Andrew Hahn minor subdivision subject to the condition that the road meet with the approval of the Building Inspector. On Friday, March 31, 1978, Building Inspector Edward Hindermann made an inspection of the subject premises. He reported that the surface of the road is acceptable but that the brush along the sides of the right-of-way should be cleared to allow for a road width of 15'. eEtrwtrUly yQ~urs, Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11787 Town of Southold Board of Appeals April 4, 1978 Petitioner: Mun. File No.: Charles A. Bolsch 2401 Gentlemen: Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director of Planning GG~I: fp G~ra~H Go ~'~ewman Chief Planner JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS K Southold, L. I., N. Y. 11971 March 8, 1978 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2401, application of Charles A. Bolsch for a variance. Also included is notification to adjoining property owners as follows: Tuthill Bungalow Properties, Inc., Indian Neck Lane,Peconic, N.Y.; Mr. & Mrs. Wayne Zurl, Little Neck Road, Cutchogue, N.Y.; Mr. & Mrs. Peter Pizzarelli, 20 Pinoak Lane, St. James, N.Y. 11780. ~ _'~Te'rry ~ Town Clerk JTT/bn ~:file Town Of Southold TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 76S-3783 Building Dept. 1 Planning Bd. 765-2660 Board of Appeals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 end m, the ..Board..o.f..Appea3. s ........... of the town of $outhold, N. Y. hereby refers the following (agency involved) proposed zo~[~ action fo the Suffolk County Planning Commission: [check one) .... New end recodffbd zoning ordinance .......... Amendment to the zoning ordinance ........... Zoning changes ........... Special permits Charles Bolsch 30 Roosevelt Street Little Valley, NJ -.X ........ Variances Location of affected land: ..... Z~rltan..Neck..L~-,.et..Peconic,...I~pZ ............................................. wffhln 500 feet of: (check one or more) ............ Town or village boundary fine ............ State or county road, parkway or expressway .......... State or county ,park or recreation area ............ Stream or drainage channel owned by the county or for whkh the count7 has established channel lines ............ State or county owned,~rcel on which a public buildlng is situated X Shoreline ~omments: The applicant requests approval of access for existing driveway. Date: .March..13.,...1928 .......... (signed) Robert W. Gillispie, Jr, Chairman Tide Date received by Suffolk County Planning Commission ................................................................ Fib No ............................... GarY FLANNEr OLSEN COUNSELLOR AT LAW P. O. BOX 38 · MAIN ROAD · MATTITUCK, LONO ISLAND, NEW YORK fl95~ ' PHONE 516 ~98-4844 March 8, 1978 Re:l:~zarelli to Bolsch File # 2282 Dear Mary: Enclosed herewith please find a Variance Application in re the above captioned matter along with the filing fee of $15.00. I am waiting for a survey to be completed by Roderick Van Tuyl, and I expect same within the next few days. I will forwar~,-s~s~ne on to you under separate cover, when received. Very trul~you~s, GFO/clr Files. Southold Town Zoning Board of Appeals Southold, New York 11971 Attention: Mary G~ '~4~N'ER OLSEN--'---~ (~ARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 ' MAIN ROAD - MATTITUCK, LONG ISLAND, NEW YORK 11952 ' PHONE 516 298-4844 March 14, 1978 Re:Pizzarelli to Bolsch File # 2282 Dear Mary: Enclosed herewith please find a survey to be made parD~f~the Bolsch Variance Application. The driveway for whi~]1~we keek the Access Variance is the easterly most driveway~.~ Very truly 1yOUrS, GFO~clr Enc. Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Attention: Mary Dawson BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Charles A. Bolsch to the Board of Appeals of the Town of Southold TO: Patricia Wood Tuthill Bungalow Properties Inc. MI'. and Mrs. Wayne Zurl Mr. and Mrs. Peter Pizzarelli NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town to request a (Variance)Jg~l~l~i[~l:ftl~lsiffi~i~[~jt~lfill]~il0X~the following relief: Access Variance Of Section 280 A of the Town Law. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows:l~rmnded on the South by property of Mr. and Mrs. Pizzarelli; bounded, or~ tho West hy property of Patricia Wood: bounded on the North by property of Mr, and Mrs. W~yne Zurl: bounded on the East by property of Tuthill Bungalow Properties Inc. 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural/Residential , 4. That by such Petition, the undersigned will request the following relief: A~ecess Variance to ~ ~v{~*ing rH~,f rtwqv~ny mR n ]ognl access to the subject premises. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Section 280 R of the Town ]Law, 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~..l~ on the matter by the Board of Appeals; that a notice of such hearing must be published at least five ~ll(ys pi~or to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Matt. ituck Watcl~nan, nev~spapers published In the Town of Southold and designated for the publication of such noUces; that )~6u or yourlrepresentative have the rightDated:tO Marchappear and8, be1978heard at such hearing.../ ///~/~v/~]/ Petitioner~G~y'~Flanner Olsen, as attorney for Charles A. Bolsch Post Office Address P.O. Flex 38. Main ttoad Mattituck. New York 11952 NAME Patricia Wood Tuthill Bungalow Properties [nc. Mr. and Mrs. Wayne Zurl Mr. and Mrs. Peter Pizzarelli PROOF OF MAILING OF NOTICE ADDRESS Indian Neck Lane, Peco~ic, NY 11958 Cutchogue, NY 11935 Little Neck Road, Cutchogue, NY 11935 20 Pinoak Lane, St. James, NY 11780 RECEIPT FOR CERTIFIED MAIL , _ ..... - RECEIPT FOR CERIIFIED MAIL DATE ~RETURN ~__ S-~w~h~m~a~d d~te~elivere PS Form N0 iNSURANCE g0VERRGE PROVIOEO~ ~n. 19763800 NOT FOR INTERNA110NRL MAIL STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Cherie Lynn l~usse]l , residing'at ~nt+{h,ck, , being duly sworn, depots and says that on the R~H day of March ,, lg T~ , deponent mailed a true copy of the Netice set forth on the r~ ve~ side hereof, directed to each of the above-named pe~ons at the addr~ses set opposite thor r~pective name; that the addres~s set opposite the nam~ of ~id persons are the addr~ses of said persons as shown on the current ~sment roil of the Town of Southold; that ~id Notic~ were mailed at the United S~t~ Post rice at Mattituck, NY (certified) :~ql~ail. Sworn to before me tl~s 8fh day of March - Notary Public, Sta~e cf New Yor[ ; that said Notices were mailed to each of said persons by SEE SEC, NO. MA't CH MATCH ' INE ---Z--- -, -Z Z - IZ4J es ~ I 3.0,4(c) ,.' / 1'4~(¢) ,,,, : ~4 J a~ 5urve~led /vl~'r.h