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HomeMy WebLinkAbout2410 TOWN OF SOUTHOI~, NEW YORK ACTION OF ~HE ZON~G BOAm00~ APPEALS Appeal No. 2410 Dated April 13, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Ernst L. Midgette 84A Little Peconic Bay Road Cutcho~ue, New York at a meeting of the Zoning Board of Appeals on May 4, 19 7 8 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 ( ) DATE -..~.~%~...~2, 1978 AppeHant the appeal 1. SPECIAL EXCFA~TION. By resol~ion of the Board it was determined th~ a special exception ( ) be gra~ed ( ) ~ denied p~suant to Artkle .................... ~ction .................... Subsection .................... paragraph .................... ~ the Zoning Ordinance and the ~cis~n of the Bui~ing I~pector ( ) be reversed ( ) be co~inned becan~ 8:15 P.M. (E.S.T.) upon application of Ernst L. Midgette, 84A Little Peconic Bay Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to place a shed in the front yard. Location of property: Little Peconic Bay Road, Cutchogue, New York: Lot No. 236 and part of lot No. 235 on Map A of "Nassau Point Properties." 2. VARIAAICE. 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 (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 there'fore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE APP OVED ZONING BOARD OF APPEALS ) be denied and After inspection and investigation the Board finds that the applicant requests permission to erect a shed in the front yard, and that this will not change the character of the neighboring district. The Board finds that strict application of the ordinance would produce practical difficulties or unnecessary hardship; the hard- ship 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. On motion by Mr. Gillispie, seconded by Mr. Maimone, it was RESOLVED that Ernst L. Midgette, 84A Little Peconic Bay Road, Cutchogue, New York, be GRANTED permission to place a shed in the front yard, Location of property: Little Peconic Bay Road, Cutchogue, New York; Lot No. 236 and part of lot No. 235 on Map A of the "Nassau Point Properties." Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, Maimone. Town Clerk, Town of So,~fhnld 0 Legal Notice -2- Hearings May 4, 1978 ~'..8:00 P.M. (E.S.T.~. upon application of James F. McFarland, 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 place a storage shed in the front yard. Location of property: Little Peconic Bay Road, Cutchogue~ New York; Lot No. 237 on Map A of "Nassau Point Properties." ~ 8:15 P.M. (E.S.T.) upon application of Ernst L. Midgette, 84A Little Peconic Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Articlb III, Section 100-32 and Bulk Schedule to place a shed in the front yard. Location of property: Little Peconic Bay Road, Cutchogue, New York: Lot No. 236 and part of lot No. 235 on Map A of "Nassau Point Properties." ~ 8:25 P.M. (E.S.T.) upon application of John P. and Linda F. Kowalski, 404 Atlantic Avenue, Greenport, New York, (George C. Stankevich, Attorney), for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Right-of-way'on the south side of Sound View Avenue, Southold, New York, bounded on the north by Sound View Avenue; east by Vilar, Jacobi, and Schur; south by Morris and Lombardi; and west by Town of Southold and Jarosz. 8:45 P.M. (E.S.T.) upon application of Albert Orlowski, Main Road, Cutchogue, New York, (Richard J. Cron, Attorney), in accordance with the Zoning Ordinance, Article III, Section 100-30 (A) (2) to base helicopters on a portion of farmland during the farm spraying season. Location of property: Ster- ling Lane, Cutchogue, New York, bounded on the north by Bolenius; east by Bolenius and Imbriano; south by Sterling Avenue; and west by Scott. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 24, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLIOIONCE, APRIL 27, 1978, ANOORWARD EIGHT (8) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD_ SOUTHOLD, NEW YORK, PRIOR TO THE MAY 4, 1978 MEETING. Copies mailed to the following on April 25, 1978: Anthony B. Tohill, Esq. a/c Mr. and Mrs. Ricereto. Mr. Henry Smith Mr. and Mrs. Harold Thomas Mr. James F. McFarland Ernst. L. Midgette George C. Stankevi~h, Esq. a/c Mr. and Mrs. John P. Richard J. Cron, Esq. a/c Albert Orlowski Kowalski LEGAL NOTICE Notice of Hearings Pursuant to Section ~ of the Town Law and the prov~ions of the Amended 'Building Zone Ordinance of the Town of South01d, Now York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Rood, Southold, Now York, on Thursday, IWay 4, 1978, on the following apl~als: 7:30 P.M. (E.S.T.) upon application of Mr. ~nd Mrs. David Riceroto, Oregon Rood, Cutchngue, Now York, (An- thony B. Tohill, Attorney) for the Zoning Ordinance, Article III, Section 100~31 and Bulk Schedule for permlssinn, to construct dwelling sufficient side yard $~. Location of property: ]~ht- of-Way, north, side Oregou Road, Cutchd~qle, Now York, bounded on the north by Island Sound; east by Haxtei~i: south by Krupski; weSt Gallagher. 7:40 P.M. (E.S.T.) upon application of Henry Smith, Robinson Lane, Peconic, New York, for a va{fiance in ac- cordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule to subdivide an overly large parcel into two parcels. Location of property: west side of Hobart Rood. Southold, Now York, bounded on the north by Whitside; east by Hobart Road; south by Rich; west by Town Creek. 7:50 P.M. (E.S.T.) upon application of Harold and Virginia Thomas, 91 Avenue C, Port Washington, New cordanee with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling. Location of property: north side of Minnehaha Boulevard, Southold, New York, bounded on the north by Core Creek; east by Bngdin; south by Minnehaha Boulevard: west by Haggert. 8:00 P.M. (E.S.T.) upon application of James F. McFarland, 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 place a storage shed in the front yard. Location of property: Little Peeonic Bay Road, Cut~ chogue, New York; Lot No. 237 on Map A of "Nassau Point Properties." should appear at the time and p! above specified. D : April 24, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA27-2970 'OLK, ] ~ORK, ? ss: 8:15 P.M. (E.S.T.) upon · ~J . a_f}~li-ca~hon o-~---~5-~t-~,:t <: ................... being duly Sworn, Midg~ff~ l~FA~ftle Pecoule . . . R-o~t-, Cu/kh0gue, New York I IS Printer and Pubhsher of the SUFFOLK for a variance in accordance with the Zoning Ordinance. Article III, Section 100-32 and Bulk Schedule to place a shed in the front yard, Location of property: Little Peeonic Bay Road, Cutehogue, New York: Lot No. 2~6 and part of lot No. 235 on Map A of "Nassau Point Properties." 8:25 P.M. (E.S.T.) upon application of John P. and Linda F. Kowalski. 404 Atlantic Avenue, Greenport, New York, (George C. Stankevieh, Attorney), for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Right- of-way on the south side of Sound View Avenue. Southold, New York, bounded on the north by Sound View Avenue; east by Vi]ar, Jacobi, and Schur; south by Morris and Lombardi; and west by Town of Southold and Jaresz. 8:45 P.M. (E.S.T.) upon application of Albert Orlowski, Main Road, Cut- ehogue, New York, (Richard J. Cron, Attorney). in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 (A)(2) to base helicopters on a portion of farmland during the farm spraying season. Location of property: Sterling Lane, Cutchogue, New York, bounded on the north by Bolenius; east by Bolenius and ImbNano; south by Sterling Avenue; and west by Scott. Any person desiring to be heard on the above appeals newspaper published at Greenport, in said ~e notice, of which the annexed is ~ printed blished in the said Suffolk Weekly Times for ......... Q .N.F. .............. weeks ,encing on the .T~q~I.T.¥..CF. VFNTI{ ...... . .~_=_:_=_~,, ,,. 1~; 7~. .... ............... ~ [ ~ , ~e this ............ .Z~c ...... la.7.~. ! LEGAL NOTIC~ Notice of Hearin~ Pursuant t6 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 b~y the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on ThurS- day, May 4, 1978, on the following appeals: 7:30 P.M. (E.S.T.) upon application of Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York, (An- thony B. Tohill, Attorney) for a 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 Counb/; 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 ......... /. ............................. weeks successively, commencing o~ the ...~...2 ................................ Sworn to before me this ..... ~-Zi". ............. day or ..................... north side Oregon Road, Cut- chogue, New York, bounded on thc north by Long Island Sound; east by Baxter, south by Krupski; west by Galla- gher. 7:40 P.M. (E.S.T.) upon application of Henry Smith, Robinson Lane, Peconic, New York, for a variance in accord- ancc with thc Zoning Ordin- ance, Article II1, Section 100- 31 and Bulk and Parking Schedule to subdivide an over- ly large parcel into two par- eels. Location of property: west side of Hobart Road. Southold, New York, bounded on thc north by Whitside; east by Hobart Road; south by Rich; west by Town Creek. 7:50 P.M. (E.S.T.) upon application of Harold and Vir- ginia Thomas, 91 Avenue C, Port Washinglon, New York, for a variance in accordance with the Zoning Ordinance, Articlc llI, Section 100-32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling. Location of property: north Mdc of Minnehaha Boulevard, Southold, New York, bounded on thc not'th by Corey Creek; east by Bugdin; south by Minnehaha Boule- yard; west by Haggcrt. 8:00 P.M. (E.S.T.) upon application of James F. Mc- Farland, 13 Mildred' Court, Floral Park, New York, for a variance in .accordance with the Zoning Ordinance, Article I11, Section 100-32 and Bulk Schedule to place a storage shed in the front yard. Loca- tion of property: Little Peconic Bay Road, Cutchogue, New York; Lot No. 237 on Map A of "Nassau Point Properties." ~.~ P.M (E.S.TO~ a_pplic~i~ Ernst ~ Mid- ~-Lqttl~e P&con,~ Road~'-] Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-32 and Bulk Schedule to place a shed in the front yard. Location of proper- ty: Little Peconic Bay Road, Cutchogue, New York: Lot No. 236 and part of lot No. 235 on Map A. of "Nassau Point Properties." 8:25 P.M. (E.S.T.) upon application of John P. and 'Linda F. Kowalski, 404 Atlan- tic Avenue, Greenport, New York, (George C. Stankevich, Attorney), for a variance in accordance with the Town Law, Section 280A for approv- al of access. Location of pro- perty: Right-of-way on the south side of Sound View Avenue; east by Vilar, Jacobi, and Schur; south by Morris and Lombardi; and west by Town of Southold and Jarosz. 8:45 P.M. (E.S.T.) upon application of Albert Orlowski, Main Road, Cutchogue, New York, (Richard J. Cron, Attor- ney), in accordance with the Zoning Ordinance, Article Ill, Section 100-30 (A) (2) to base helicopters on a portion of farmland during the. farm spraying season. _Loca3!on of variance in accordance with the Zoning Ordinance, Article Y p4~.L..~.~,- .~.' ~'' III, Section 100-31 and Bulk f~:~O ....................... 19....~.;~ Schedule for permission to , , ~ construct dwelling with insuf- ficient side yard setback.'Loca- ---' --2~.~ ...... i.~'....~ ........... ..~ ....... ~...~..:..~( .......... tion of property: Right-of-way, 'x~ TOWN OF SOUTHOLD, NEW Y~K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. o~ ~ / ~) DATE .......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..,E~s.C.,.L...,~IJ~g.eJ~.te .................... of ...... :..f~.~,A...~t.~.~...JJ.~.q.9.A~g...~..8.:. ............. Name of Appellant Street and Number .................. · g..~...t.g..~...°.lg..~..e..~.....~..:.~.'.....1..1...?..3.~ ................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE B.LJlLDINCtmlNSPECTOR ON ..................................... ....... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of 84A .L..i..ttl.e..P.e. conic Rd. C.u...t. choE.u..e.,' N.Y. 11935 Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~) Permit to erect two accessary structures i~, front yard area __ See attached sketch of pro~e:r~.v map showing shed's proposed loc. 1. LOCATION OF THE PROPERTY 84A Little Peconic Rd residential Street Use District on Zoning Map ........................... 6. 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.) Ar~ III Sec 100-32 /~ee.sas~,'e? ~/c/3/xu'&~ 3. TYPE OF APPEAL Appeal is made herewith for (J~) 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 (~) Ihn~ ,~,~*) 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 ...................................................................... ( ) (e) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequestedforthereasonthat Storage shed is ~eeded to accomoda%e law~ mower, wheel-barrow, and garde~ tools and supplies as well as t~e ~rmally required garbage pails. Form (Continue on other side) 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce procticaldifficultiesorunneces- sary HARDSHiP because: An i~epeetion of the propez~y will show that the least prominent location for the small tool sheds is the inner corner of the front yard . The "back yard" here is the most prominent simce it is water, front. 2. The hardshipcreatedis UNIQUE andisnotshared by all prope~ies o!ike in the immediate vicinity ofthis property and in this use district because of the shape of t~is particular lot, ~he nature of the trees and natural Tine growth that affords much hiding protestion for the shed locations, requested. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because :t~e terms back yard and front yard get somewhat ambiguous when applied to t~e particular lo~s as they are located withm respect to the road to the north, and the water to the south amd east, and the location of other houses across the water from the lots in question. STATE OF NEW YORK I ss 'i COUNTY OF ) ' ' " i .... Sworn to this ............. ~,.~, ................. 'doy of ~. · ~..~./'~/..~.. ................. i: ............ 19 ~2~;~ '"~'"'~' U~f ~, o~wso~ ~IOT~Ry PUBLIC, Sta~e el New Yo~ ~o. 52-4643~21 Suf~k ~u~ Term ~p re~ ~h 0 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 April 13, 1978 TELEPHONE (516) 765-1801 TO: Fr om: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Midgette for a variance. owners as follows: Mr. William Holman, 84 Little Peconic Road, Cutchogue, Mr. James F. McFarland, 13 Milford Court, Floral Park, N.Y. 11001 Town Clerk JTT/bn Zoning Appeal No. 2410, application of Ernst L. Aslo included are notification to adjoining property N.Y.! O FOEM NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ...~,.~...~...~.~~...~...~ ....... for permit to con~truct~ ........ ~..~.....z ................. p ' · ................................... ~....~ ....... ~ .......~ ....... ,.. Street ~~ _ ~,.~.~ ,~, . ~,,, ~.~ ~,~,,~.~ o. ,,~,o~,o~,.~ ~o..~ ...........~...~.~.~ .............. ...... ~.~.~.~ .......... ~ ......... ~.~.~ .......... ~ ........ ~ ................ ................. z ................................................... ~ .............................................................................. Building Inspector 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 NuTICE: 1.Thatitistheintentionoftheunde~ignedto ~titiontheBoardofAppealsoftheTownofSouthold torequesta ~ariance)(SpecialException)(SpecialPermit)(thefollowingrelief: ?a ~lAee A ~'xT~ & a 7'~T~T--~arden tool and supplies shed in the inner corner of the). front yard. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: IeLAP 000156 amez~led map A ,2/3 of lot 23~r and lot 236 3. That the property which is the subject of such Petition is located in the following zoning districf: Residential, and waterfront 4. ThatbysuchPetition, theunde~igned willrequestthefollowingrelief: To ~laee two aeall garden tool sheds in the inner corner of the front yard. See attached sketch of property map showing the sheds in the requested location. $.Thatthepr~visi~ns~ftheS~uth~dT~wnZ~ningC~deapp~icab~et~there~iefs~u~tbytheunder. signedare: A~ ~T. ~ 1~0-37 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 ma), then and there examine the same during regular office hours. 7. That before the relief sought may be grants, d, 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. Post Office Address 84A Little Peconic Road ~u:c~ogue, ~.Y. 115)) NAME PROOF OF MAILING OF NOTICE ADDRESS Mr. William Holman 84 Little. Peconi¢ Road Cutchogue, N.Y. 11935 Mr. James F. MCFarland 13 Mildred Ct. Floral Park, N.Y. 11001 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ~..~'n ~ ~ t- T. ~,,~OgTle ~ ~ , being duly sworn, depo~ and ~ys that on th~- 1 qrh ~y of A~il ,19 T a . deponent mailed a true copy of the Notice ~t forth on t~ re- verse si~h~reof, direc~ to each of the ~ov~named ~ons at the addr~ set opposi~ thdr r~ve name; that the addr~ ~t opp~te the ~ of ~id ~ns are the addr~ of ~id ~ns as ~own on the current rice at. ..~"*~*~ a~, ' .......... ~ ....v~ ; that ~id Notic~ were mail~ t~ch of~ ~ns by (certified) (reglster~) mad. Sworn to before me thisl3rh day of ApriZ , ~[IZABETH ANN N~ILL~ NOTARY I~UBLIC, State of r{ew York N~. 52,8125850, Sulfolk Coun~Lv~ Term £xpires March 30, 19 '% 16 LOA( 1,2 5A(c) 25 { , 20 2.0A {c 1.6A (c t.gA(c) u 1. SA(c) f. ~' 29 26 30 :51 · k~'~ :5,4A (c) ~ . 34 SEE SEC. NO.I{8-OI.O{i MATCH Z ...... LINE h, 2 $.IAIc) (~) COUNTY OF SUFFO Real Property Tax Service H Russell Haase Directo