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Home My WebLink About2386Appe~ NO. 2386 ACTION OF THE ZO~NG BOARD OF APPEA3.S OF THE TOWN OF SOUTHOLD To E. L. Wagner Co. a/c William D. Campbell 554 Post Road Private Road Darien, CT 06820 Fishers Island, NY TOWN OF SOUTHOLD, NEW YORK DATE .~.a...n..:......1..2. , ACTION OF THE ZON~qG BOAI%D OF AFPEALS Dated December 19, 1977 Appellant 06390 1978 at a meeting of the ZonLug Beard of Appeals on January 12, 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 ( ) 19 7 8 the appeal 1. SPECI,~.L EXCEPTION. By resolution of the Board it was detemined that a special exception ( ) be ~ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 11:20 P.M. (E.S.T.) upon application of E. L. Wagner CO. a/c William D. Campbell, Private Road, Fishers Island, New YOrk for a variance in accordance with the Zoning O~dinance, Article III, Section 100-32 for permission to construct swimming pool in front yard area. Location of property: Private Road, Fishers Island EBtates, Fishers Island, New York, bounded on the north and east by Private Road; south by Eleanor Thatcher; west by Fishers Island Sound. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by alt 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 SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( that the previous deeisinns of the Building Inspector ( SEE REVERSE FORM ZB4 ) be granted ( ) be denied and ) be confirmed ( ) be reversed. After investigation and inspection, the Board finds that the applicant requests permission to construct swimming pool in front yard area, Private Road, Fishers Island Estates, Fishers Island, 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 hardship; 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, William D. Campbell, Private Road, Fishers Island, New York, be GRANTED permission to con- struct swimming pool in front yard area, Private Road, Fishers Island Estates, Fishers Island, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. -2L Hearings: Legal Notice January 12, 1978 III, Section 100-30 and Bulk Schedule, and Town Law, Section 280A for permission to set off lot with insufficient width and approval of access. Location of property: Right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by Simcik; south by Krupski; west by Gallagher. 8:55 P.M. (E.S.T.) upon application of Elizabeth Froede, 48465 North Road, Southold, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with in- sufficient area. Location of property: North side CR27, Southold, New York, bounded on the north by L. Sawiski; east by J. A. Droscoski; south by CR27; west by L. Sawiski. 9:10 P.M. (E.S.T.) upon application of James J. Murphy, 3617 Johns Street, Wantagh,[ New York for a variance in accord- ance with the Zoning Ordinance, Article XI, Section 100-118 E & F for permission to re-construct non-conforming dwelling. Location of property: north side Horton Lane, Southold, New York, bounded on the north by Long Island Sound; east by A. Derosa; south by Borton Lane Beach; west by Horton Lane Parking Lot.· ~ r Co~. 9:25 P.M. (E.S.T.) upon application of E. L. Wagne a/c William D. Campbell, Private Road, Fishers Island, New ~ York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimming pool. in front yard area. Location of property: Private Road, Fishers Island Estates, Fishers Island, New York, bounded on the north ~nd east by Private Road; south by Eleanor Thatcher; west by Fishers Island Sound. Any person desiring to be heard on the above appeals should appear at the time and place above specified. December 30, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 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, Southuld, New York, on Thursday, January 12, 1978, on the following appeals: 8:10 P.M. (E.~pon ap- plication d Robert L. Hyatt a-c Karl Baanach & wf., Pine Street. Mattituck, Ne~,.Y6rk for a variance in accdrdance with the Zoning Ordinance, Article III, Sect/on 100-30 and Bulk Schedule for permissi~n~ ,o~ ct ad- dition with i~ ~,t yard west Side P'~ .u~/t~_ t, 1~ New York, b~dzd on ~ ~rth by Stopinski~ ~ast b~Pin~ ~ south by ~ergen; w~ Bergen. ~_ ~ '- · iu~ Aival{s La~, Ch'~ ~ogue, New York for a special exct ~tiou in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (6) for permission to erect side wall sign. Location of property: Main Road and Pequash Avenue, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; south by J. Elliott Dawson; west by G. Fleet Est. 8:30 P.M. (E.S.T.) upon ap- plicatinn of Irene Cardinal, South River Road, Calverton, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient width alqd aYea/ Location of property: CP,27 and Sound' ~ue, Mattituck, New York, bo~ded on north by CR27; east by Berdinka; south by Sound Avenue; west by McHugh, Private Road. 8:40 P.M. (E.S.T.) upon ap- plication of Baxter Properties, Inc., Main Road, Mattituck, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and Town Law, Section 280A for permission to set off lot with insufficient width and approval of access. Location of property: Right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by Simcik; south by .Krupski; west by Gallagher. 8:55 P.M. (E.S.T.) upon ap- plication of Elizabeth Froode, 48465 North Road, Southold, Ne'~ York for a variance'in ac. cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient area. Location of property: North side CR27, Southold, New York, bounded on the north by L. Sawiski; east by J. A. Droscoski; south by CR27; west by L. Sawiski. 9:10 P.M. (E.S.T.) upon ap- plication ~' J, ames' J. Murphy, , Johns Street, Wantagh, New _ock for a variance in ac- cordance with the Zoning Or- dinance, Article XI, Section 100- 118 E & F for permission to re- construct non-conforming dwelling. Location of property: north side Horton Lane. Southold, New York, bounded on the north by Long Island Sound: east by A. Deresa; south by Hortou Lane Beach; west by Horton Lane Parking Lot. ~ ~' 9:25 P.M. (E.S.T.) upon ap- plication of E. L. Wagner Co. a-c William D. Campbell, Private Road, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Ar. tic}e III. Section 100-32 for perm~sston to construct swimming pool in .*rout yard area. Location of property: Private Road, Fishers Island Estates, Fishers Island. New York, bounded on the north and east by Private Road: south by Eleanor Thatcher: west by Fishers Island Sound. ~. Any person desiring to be beard on the above appeals should appear at the time and place above specified. Dated: December 30, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ5-2~0 : ~g duly Sworn, the SUFFOLK ~enport, in said 'ed is a printed Weekly Times ....... weeks LEGAL NOTICE N~ce of Hearings Pursuant to Section 267 ot the Town L~w and the p~'ovi- sious o[ the Amended Building Zone Ordinance of the Town 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, JanUary 12, 1978, on the following appeals: 8:10 P.M. (E.S.T.) upon application of Robert L. Hyatt a/c Karl Bannach & wf., Pine Street, Mattituck, Hew York for a variance in accordance with the Zoning Ordinance, ' Article III, Section 100-30 and Bulk Schedule for permission to construct addition with in- sui~ficlent front yard setback. Locationof property: west side Pine Street, Mattituck, New ' York, bounded on the north by Stopinski; east by Pine Street; south by Bergen; west by Bergen. 8:20 P.M. (E.$.T.) upon application of Stanley J. Waimey, 1035 Alvahs Lane, Cutchogue, New York for a special exception in accord- ance with the Zoning Ordin- ance, Article VI, Section 100- 60C (6) for permission to erect side wall sign. Location of property: Main Road and Pe- quash Avenue, Cutchogue New York, bounded on the Lot. ~E.L. Wa~ner a/C w · P~ivate Road, Fisbors lalont New york for a variance in accordance with the Zouin~ Ordinance, Article 1IL Section 32 for permission to con- 100-'n m~ol in front struct sw~mmi g yard area. Location, o~f~shPer°r~ ~ ~o. Private Roao, per~l: ,- -~'os Fishers Islano, blew york, bounded on north and eaSt by Private Road; south by Eleanor ~cher; west by Fishers · S°~nndy' person desh~ng to be heard on the above aPPeals should appear at the time and place above specified- Dated: December 30, 1977 BY oRDER OF THE 80~ TOWbl BOARD OF AppEALS 1T4/$021) COUNTY OF SUFFOLK STATE OF NEW' YORK Sherley Katz, being duly sworn, says that she is an 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 Lon!t Island Traveler-Watch- man once each week for .......... / ............................ weeks successively, commencing on the ...C ................................... ................. , Sworn to before me this ....,.. .................. day at ... '~...t .~:~. ~- .~ .¢ .:,; :.: '. ............ 19..'.~.'d FO~ NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Dote To ...... ~::;~'"'i~'~'~ ................................. p~.~ ................. ~0~'"'"~'~ ..................... PLEASE TAKE NOTICE that your application dated ............................... : .................... , 1.9....,~., for permit to ~:onstruct ................ ~.~.~ ......... at the premises located at .................................... re~'urned h~,ew th an' disap rove '":'"";':'::;~ ::'""~:' ~'""~'"~'" ....... ~.~...:.:: ...... :~..:.....~....~ ............................................................................ C TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE~ZDI'jI~IC~Bo'~Rg OF:XP--PE,}J-S,.TbWN 6,,F SOUTH~LD~ N~. y.~ ' -~jonn ~-. ~eaney; ~;. ~ wagner ~Jo~" c : : APPEAL NO. A3~ D^TE '/'~b'/"'~' ............ ' - Namej of Appellant - ~ ~- .. - - Streqt and Number, ,-~ 3 -~ F~shers-Igla~d ~Estat~, ~Fish~rs'~Isla~id ~ ~ J..~.Xg~...~....HE~EBY A~ TO ..... ~ ........ ::'"'~':';'"':'"L"'~'~i~i~ii[~''::~'''''''':':''::''''';''':': .... " SJat6J ~ ~ ~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE ~LDING INSPECTOR ON ~,c~m,o~ ~o~ ~,~ ~o ..................................... ~ ..... ,~.~..L~....i~.~.~ ...... WHEREBY THE BUILDING INSPECTOR DENIED TO ]ohn C. Gedney, E. L. Wagner Co. · for..~.illlam. D....Campbell. ............................... Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Z~.w/~.4)/..... ~'.~.~..' . ................ .~......~../,~.~..~.(..~.,/.~.. Street ' /Use District on Zoning Map .................. ¢./..o.<,,4../...z'. ....................... :(.. ............... 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 nat quote the Ordinance.) 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 (h)~) (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 a variance and was made 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 Form ZB1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the topography of the land, other than in the area indicated on the plot plan for the proposed pool, is totally unsuitable for the construction of a swimml~ng pool. The land to the wes~n~ north/west f&lls off p~ecipitously to Fishers Island Sound.~ ~he ~n~to the south ag~ln~is on an extreme~ steep grade which continues into a swamp/marshy aree. The pool is being installed for therapeutic purposes .(to aid in the relief-o~ ar~rtl~ritig: ¢ondition~ian~the~ proposed pool location is the only easily accessible one f~ the owner, as well as being the only buildable site due to extreme topographical conditions. 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) COUNTY OF ) nature y£. Ion Sworn to this ........ .~.~..~. ..................... day of ...... c 0 JUDITH T. TERRY TOWN CLERK P~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 December 22, 1977 To: Southold TownZoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2386, application of William D. Campbell for a variance. Also included is notification to adjoining property owners as follows: Eleanor Thatcher, l143rd St., Garden City, N.Y.; Francis Adams, Box 331, Hobe Sound, Florida 33455,!'--Christopher Roosevelt, Middle Patent Rd., Armonk, N.Y. 10504 Town Aclerk JTT/bn COMMISSION S~h A. Hubbard Lee £. Koppelaun Suffolk County Department of Plam ing Town of Southold Board of Appeals Veterans Memor;,,I Hi$hg, a.y JOHN V.I~. KLEIN. Count~' Executive /'/ai,,pfa,~$~. L.'I., N. Y. 979-2918 ' January 17, 1978 Pursuant to the requiremants of. SectiOnS 1313 to 1332 of the. Suffolk County Charter, the following applications which have been referred to .the'Suffolk County Planning' Commission are considered to be a matter for local determination. A decision of local dete.'~nination should not be construed as either an approval or a disapproval. Applicant File Number Baxter Properties Inc. Elizabeth Froede Irene Cardinal Stanley J. Waimey Karl Baunach ~-William D. Campbell 2381 2382 2383 2384 2385 2386 CC~:Jk Very truly yours, Lee E. Koppelman Director of Plannin§ CHIEf PLANNER C TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the . . ~oarc~ .of. ~,ppea.],s ............... of the town of.. SOUt~Old .................. (agency involved) hereby refers 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 ................ Special permits .... ~. ......... Variances William D. Campbell Private Road Fishers Island, NY Location of affected land: .~r~.vat, e Ro~.,....F.~.shers ~:I~i~D~ ~.~At;~,...~.;fkahetrS...I.sl~,nd, NY 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 X Shoreline Mr. Campbell was granted permission to construct swimming pool in front yard area. Date: .....~[~,D, * ...13,~... 1~.~, ~ .......... {signed) Robert W. Gillispie, Jr. Chairman Date received by Suffolk County Planning Commission .................................................................................... File No ................................. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ,~IP.~ps, · - ~,b. ~',~,~},g~,Z. ,:~,e /~ V,q~rA~cZ' 7-o ¢c~o~T,e~,cr · to the Board of Appeals of the Town of Southold : NOTICE TO: 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) (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~/~ /g' ,z~2' ~' - /ts .5 /,'c ~,.~ ,,-o ~,c, ,'~/-Z-~¢//~Z~ ,p[,~/'-p.Z,,y/..~ 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: ~/~,~ l~,GZsc'/~O ~c~CC~T~ ~"~"'~''~ r~',".[ I~ ~,'~r~/~ ~zO $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ~-~ ~' .Z ~ ~ ~' z%//~2~,,o /~- 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: F~ Petitioner Post Office Address PROOF OF MAILING OF NOTICF NAME ADDRESS ? o, jl~_ i~l~l I"l I i I I o ~' ~- ~ '-'-~ , Sd STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: , bein8 duly sworn, deposes and say's that on the /9 day of ~ ~*' 6 ~ ,19 _~ ) , deponent mailed a true copy of the Notice set forth ~n the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addr~ses 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 ~- rice at ~/~ ~'/~ · ; that said Notices were mailed to each of said persons by (certified) (r~) mail. Sworn to.b~fore me this day of /) ~' c~ /' - ,19 7 -~ I Notary Public .SA(c) 6.0A(c) 13 I0 I.SA 2 I 4.4A(c) 4 2.0A .D:: 6 n,' i~U. . 4.?A(¢) .' I.g Arc) 6,8A ·" 8.5 A(c) $.5A FOR PARCEL NO. SEE SEC NO.O04 05-004 - 2 -:': A(c! - ·