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HomeMy WebLinkAbout2382 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~/G ~OA~D OF APPEALS AppealNo. 2382 Dated December 12, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO%UN OF SOUTHOLD To Elizabeth Froede 48465 North Road Southold, NY 11971 at a meeting of the Zoning Board of Appeals on January 12, 1978 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 ( ) Appellant 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 confirmed because 9;05 P.M. (E.S.T.) upon application of Elizabeth Froede, 48465 North Road, Southold, 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. 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. 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) (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 dlstrict because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( that the previous decisions of the Building Inspector ( SEE REVERSE FORM ZB4 ) be granted ( ) be denied and ) be confirmed ( ) be reversed, p ~ ZONING BOARD OF APPEmT.§ha~r~n ~f Appeals After investigation and inspection, the Board finds that the applicant requests permission to divide property with insufficient area, north side CR27, Southold, 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, Elizabeth Froede, 48465 North Road, $outhold, New York, be GRANTED permission to divide property with insufficient area, north side CR27, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. C O Legal No~ice -2- Hearings: 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, $outhold, New York, bounded on the north by L. Sawiski; east by J. A. Droscoski; south by CR27; west by L. Sawiski. ~1 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 Horton Lane Beach; west by Horton Lane Parking Lot. 9:25 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 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 and 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. Dated: 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 Beard of Appeals at the Town Hall, Main Read, Southold, New York, on Thursday, January 12,1978, on the follbwing~{~peals: 8:10 P.M. (E.S~T.)~°~'~ ap- plication of Robert L. Hyatt a-c Karl Baunach & wf., Pine Street, Mattitu~k, New York for a variance' t~i' accordance· with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to c~t ad- dition with i~i~it~ yard setback. ~bn of ~y: west side ~treet, l~'-~k, New York, I~hded ou ~ north by Stopinski;~l~st~oy Pitapat; south by ~'ergen; ~ by Bergen. ~' .~ .. :~ 8:27~ P.M. (I/;~S.T.) up0/~ ap- p ca ou ~o~ Alval~s Lane, C"u~l~ogue, New York for a special exception 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 Peqnash Avenue; south by J. Elliott Dawson; west by G. Fleet Est. 9:30 P.M. (E.S.T.) upon ap. plication of Irene Cardinal, South River Road, Calverion, 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 ar~,,.are~'~ Location of property: CR27 and Soand Avenue, Mattituck, New York, bounded on north by CR27; east by Berdinka; south by Sound Avenue; west by McHugh, Private Read. 8:40 P.M. (E.S.T.) upon ap. plication of Baxter Properties. Inc., Main Read, 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 Read, Cutebogue, New York, baanded on the north by Long Island So,md; east by Simcik; south by'Krupski; west by Gallagher. 3617 Johns Street, Wantagh, New York for a variance in ac- cordance with the Zoning Or- dinance, Article XI, Section 100- 118 E & F for permission to ro- construct non-conforming dwelling. Location of property: north side Hor ton Lane, Southold, New York, bounded on the north by Long Island Sound: east by A. Derosa; south by Horton Lane Beach; west by Rorton Lane Parking Lot. 9:25 P.M. (E.S.T.) upon ap- plication of E. L. Wagner Co. a-c William D. Campbell, Private Read, 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 ~' 8:55 P.M. (E.S.T.) upon a Estates, Fishers Island. New pllcation of Elizabeth Froede. York, bounded on the north and 48465 North Road, Seathold, New east by Private Road: south by York for a variance in ac- Eleanor Thatcher: west by cordanea with the Zoning Or- Fishers Island Scand. dinanea, Article III, Section 100- Any person desiring to be heard 30 and Bulk Schedule for per- on the above appeals should mission to divide property with appear at the time and place insufficient area. Location of above specified. property: North side CR27, Dated: December 30, 1977 Scuthold, New York, bounded on BY ORDER OF the north by L. Sawiski; east by THESOUTHOLD J. A. Droscoski; south by CR27: TOWN BOARD OF west by L. Sawiski. APPEALS 9:10 P.M. (E.S.T.) upon ap- 1TJ5-2880~ plica~t~op 0f, ~James, ~J, .Mg~'phy, , ~g duly Sworn, the SUFFOLK ~nport, in said ~! is a printed Weekly Times ........ weeks LEGAL NOTICE Notre'Of He~r~Ss Pursuant to Section 267 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, Mai~ Road, Southold, New Ycek, on 3~hurs- day, January 12, 1978, on the following appeals: 8:10 P.M. (E.S.T.) upon application of Robert L. Hyat~ a/c Karl Bauanch & vd., Pine Street, Mattituck, New '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- sufficient front yard setback. N'ew/~ork, bounded on the no/~ by Long Island Sound; ee~st b~ Simclk; south by K ' Gallagher. ~.S.T.) upon a~ of Elizabeth Froede, 48465 North Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission to divide property with insuffi- cient area. Location of pro- perty: North side CR2?, South- old, New York, bounded on the north by L. Sawlski; east by J.A. Droscoski; south by CR27; west by L. Sawlskl. 9:10 P.M. {E.S.T.) upon application of James J. Mur- phy, 3617 Johns Street, Wan- tagh, New York for a variance in accordance with the Zoning Ordinance, Article X1, Section 100-115 E & F for permission to re-construct non-conform- ing dwelling. Location of pro- perty: North side Horton Lane, Southold, New York, bounded on the north by Long Island Sound; east by A, Derosa; south by Horton 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 Ro~.~,ers Island, New York for a variance in accordance with the Zoning COUNTY OF SUFFOLK STATE OF NE'~V YORK Sher{ey Katz, being duly sworn, says that she is an 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, has been published in said Long Island Traveler-Watch- man once each week for ................. J. ..................... weeks successively, commencing on the ....~, ................................. Sworn to before me this ...... ~ ............... day at ................... ;r ................................. TOWN OF S~UTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.qo( ~.~(~-~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~e of Applicant for pormit . Street and Number Municipali~ State () PERMIT ~O USE ( ) PERMIT FOR OCCUPANCY OC*T O ...................................... .............. 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. ~YPE OF APPEAL Appeal is made herewith for (~) A V~RIANCE 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 (~m~.(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 '~/~L.. A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL 0 Continued sar,,, HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- vicinity of this property and in this use district because ~'~L~ The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~,Ll ~.L /~ STATE OF NEW YORK ) ) ss COUNTY or~-~/~ ~ / /J Signature Sworn to this ......... ./..~...'zL~. ....................... day of ...... ...-~>...~--.~.~....'~....~_..&.[. ............ 19 -/.,7 Public Term Expires March 30, 19~L~ FOKM NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ........................... Date ........................................................ , PLE~SE TAKE NOT, ICE that your application dated ...... ~....~... ...... ./.....2C~... ......... 19.'?.2.- for permit to ~.~..~...~.at the premises located at ..../..~./..~...../..~.~. . ~..c.\.;'..~.. ....... .~..~ ...~...~: ..~..~. ..................... Street ~~ Map ..................... ~:, ..... B~ack .............. ~ .................. Lot ...~.. .................................. ~ disapproved on the following grounds ..~......6~......?~....~....~;.'~.....~.*:.~*'-- ..~.....,...~...0..~........~/....~......~_,~..,.~ ................................................................................. ...~ ..... .~__....z.~r)....-... 5..d. ....... .c ............................................ ~ ....... K JUDITH T. TERRY TOVfN CLERK P~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 To: From: December 12, 1977 Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2382, application of Elizabeth Froede for a variance. Also included is notification to adjoining property owners as follows: W. Sawicki, North Road, Southold, N.Y.; J.A. Droscoski, North Road, Southold, N.Y. Town Clerk JTT/bn cc:file SL~h A* Hubb~cl Lee IL Kopp~rrun D6-'~rm* of Suffollc County Department of Planning Town of Southold Board of Appeals JOHN V.N. KLEIN. County Ex.ut/ye Yererans Memorial Highly ~up~uge, L. 'L, N. ~ 979-2918 January 17, 1978 Pursuan~ to the requirements of SacCtO~ 1313 to 1332 of ~be Suffolk County Charter, the following applications which have been referred to .the'Suffolk County Planning Co~ttssion are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. App~icaut Municipal File, Number Baxter Properties Inc. Elizabeth Froede Irene Cardinal Stanley J. Waimey Karl Baunach William D. Campbell 2381 2382 2383 2384 2385 2386 CG~: Jk . Very truly yours, Lee E. Koppeiman Director of Planning CHIEF PLANNER TOWN CLERK 765-3783 Building Dept. Planning BI. 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 .... ~. O~.d. of. ~pp~l$ .............. of the town of...SO!,t~hQld .................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ~.Zizabeth Froede ................ Amendment to the zoning ordinance 48465 North Road Southold, NY 11971 ................ Zoning changes ................ Special permits X ................ Variances Location of affected land: ...~O,z::¢,h..~id~,..C~2.7.,.. -qozzY, hol~l +.._N~ ................................................... within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line .... .X. ......... 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: The applicant was granted permission to divide property with insufficient area. Wgned) 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 to the Board of Appeals of the Town of Southold TO: 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) (Speei~ Ex~ptlon~ (Sp~l~ef: 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: /-~ ~?)] L///~-- ~ 5. That the provisions of the~Southold Town Zonine Code ap. plic~abl~ to the reJief sougtg by the under- signedare: 4~.? ~ ,~77~/~/ /~0~-~/ ~/~/../~-/( ,~,~/~DL/~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above wily 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 app/ear~nd be heard at such hearing. Dated:/~//~,/~,~ Petitl/~ner Pos~ Office Address / NAME pROOFOFMAILING OFNOTICF ADDRES~ z/? ?/ STATE OFNEW YORK) COUNTY OF SUFFOLK) ss.: i '~'~ ~'~ ~-~'~ , residing at . ~ o bei - ' -- ~ ~' , ng amy sworn, deposes and says that on the ~ ~day of ~~ ~ / ,19 ? '? , 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 thor respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on ~h:e Cai[rent as?~?~?e~w~f Southold; t. htat sa,~ Noti?s were mailed at the United States Post (certffmd) ~r~-' . . ~ ' , hat sa~d Not~c~ were mailed to each of said ~ersons by Sworn~t~before me this /c:~'"~/~ day o~f I-"~v~ ,..-~ n~e~' , 19. ~ ~ Notary Public ( soUND ISLAND (66'~ 28.l A{¢} Revisions .... '~'~" t~,~ ~,:~ ...... ::: © COUN ~ .... Re.I Prooert; PARCEL NO ~ ' JossPH 0P-.OSKOSK! OF E 5-f'~T E ' J