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HomeMy WebLinkAbout2446 TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOARJ) OF APPEALS Appeal No. 2446 Dated July 5, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~-N OF SOUTHOLD To Kenneth and Jerie Newman Private Road Orient, New York 11957 DATE.~B.~B~..4, 1978 Appellant at a meeting of the Zoning Board of Appeals on July 27, 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 ( ) 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 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 III, Section 100-32 and Bulk Schedule to construct a detached 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. Antonaz z i. 2. VAI~IANCE. 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 /mmediate 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) chan~e the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 APPROVED ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to construct an unattached garage in his side yard. The findings of the Board are that due to the immense boulders and drainage problem in the back yard, the applicant is forced to build a garage eight feet into his side yard. The Board finds that strict application of the Ordinance will 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 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. Bergen, seconded by Mr. Grigonis, it was RESOLVED that Kenneth and Jerie Newman, Private Road, Orient, New York, be GRANTED permission to construct a detached, 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. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. RECEIVED AND FILED BY nm SOU'n{OLD CLE HOU / To~ ~erk, To~ of ~uthold 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, 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 III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Private Road off Bayview Road, Southold, .~New York, bounded on the north by right-of-way; east by V. Ladeck; South by Corey Creek; west by K. Isles. 7:40 P.M. {D.S.T.) Upon application of James F. McFarland, 13 Mildred Court, Floral Park, New Yo~k, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule'to place a storage shed in the side yard. Location of Little Peconic Bay, Cutchogue, New York. Lot No. 236 property: f and part of lot No. 235 oni~ Map A of "Nassau Point Properties." _ ~ 8.00 P.M. (D.S.T.) Upon application of Kenneth and Jerie Private Road, Orient, New York, for a variance in accord- Newman ~ anoe with the Zoning Ordinance, Article III, Section 100-32 and Bulk ~¢hedule to construct a detached 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 Andrews, 87 Edward Street, Roslyn Height, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and BUlk Schedule to divide property with insufficient frontage. Location of property: Grand Avenue, Mattituck, New York, bounded on the north by Jemmot; east by Young; south by Maple Avenue; and I! west by Grand-Avenue. 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; south by Corey Creek; west by K. Isles. 7:40 p.m. (D.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 Ill, Section 100-32 and Bulk Schedule to place a s~orage shed in the side yard. Location 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 aPElication of Kenneth and J~e~q Newm.~, Private Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article llI, Section 100-32 and Bulk Schedule to construct 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 III, 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:..20 ?.m._~ (D.S.T.),,_ Upon COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, soys 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 Long.Island Traveler-Watch- man once each week for ............ [ ........................... weeks successively, commencing o~ th~ .~.~?...0. .................................  worl9 to before me this dc~ ot lqotaz'y I~ublie 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, Sontbold, New York, on Thursday, July 27, 197S, 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 Zonin4; Ordinance, Article III, Section 100-32 for per- mission to construct ac- cessory building in front yard area. Location of property: Private road off Bayview Road, Southold, New York, bounded on tbo north by right- of-way; east by V. Ladeck; south by Corey Creek; west by K. Isles. 7:40 P.M.-(D.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 side yard. Location of property: Little Peconic Bay, Cutchogue, New York. Lot No, 236 and purt of lot No. 235 on Map AOf "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 III, Section 100-32 and Bulk Schedule to construct a detached garage in the side yard, Location of oroberty: Private Road, Orient, New York, bonnde(l on ~ north by 6. W. Latham; east by E/~i Luce, Jr.; south by Sc District No. 2; west by M. 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 III, Section 100-30 and Bulk Schedule to divide property with insufficient frontage. Location 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. 8:20 P.M. (D.S.T.) Upon application of Mr. and Mrs. Edward Adams, 4055 New SuffoJk Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 10032 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 weat~by Maratnoka Road. 8:30 P.M. (D.S.T.) application of Southold R0~ Club, Southold, New York, f~r a special exception to the Zoning Ordinance, Articte Section 100-30 C 6 f for per- mission to erect an off- premises sign. Location of property: Triangle Park, Southold, New York, beu~ded on the north by Lower Road; east by H. A. Goldsmith; south by Main Road and west by Lowef~ 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, Section 100-30 C 6 f for per- mission to erect an off- premises sign on property of Case. Location of property: Middle Road, Cutchogne, 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. Peter's Lutheran Church, Main Road, Groenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for per- mission to erect an off- premises sign on property of Olson. Location of property: Route 25, Mattituck, New York, boanded on the nooth by Main Road (S. R. 25); east by S. Kander; south by K. B. TuthR1; 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 ac- cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area and frontage. Location of proppr- ty: Lots Nos. 140 and 147 Map No. 1672, Captain Kidd Estates, Mattituck, New York. 9:55 P.M. (D.S.T.) Upon application of Joan L. Upon application of Joan L. Tsontakis, 239 Breakwater Road, Mattiteck, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Break- water Road, Mattituck, New York, bounded on the north by Sound Road Est~tos, Inc.; east by Reasch and Wilson; south by Carpenter; and west by Johnson. 9:10 P.M. (D.S.T.) Upon application of Long Island Vineyards, Inc., Alvah's Lane, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30A (2) (a)(1) for permission to use a building for display and retail use larger than is allowed. Location of property: County Road 27, Cutchogue, New York, bounded on the north by Middle Road; east by R. Simchick; south by Isaacs and Aud; west by Ovisinak. Dated: July 17, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ20-3028 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: T~OY GUSTAVSON ...................................... being duly Sworn, s~s that . .I~ .... is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published ~ Greenport, in s~d county: and ~at the noti~, of which ~e ~e~ is ~ print~ ~py, has been published in the ~d Suffolk W~k~ Times once in each week, for ........ ~. ............... w~ks suc~ssively commencing on ~e .... ~N~E~ .......... day of .... ~t .... ~... Sworn to ~re me this . .). of ....... MORI~L B~USH ~OTARY PUBLIC, Stere FORM NO. 3/ TOWN (~ SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. O NOTICE OF DISAPPROVAL File No ........ 2A4~. ............................................... Date ....................... ~l.l~y..~l. 2.,....1.g.7.8., 19 ....... PLEASE T^KE NOTICE that your application dated ........................ ~,¥...~J~ ........... , 19..7. B.. for permit to construct &..g~'~g~..:Lz~..~Lcle~6t~ e~p~mises located ot ..P.~:lva~e ..... ~OlLi1GII .. ~I~'~I~GQ,...Oz'~L ~ll~.~... ~' ..... Street ~op ....... ~. ........................... Block ........................................... ..~t,f-...... ~,.,w.....~,...../ ............ ~ ........ is__ returned herewith and disapproved on the following grounds .................................... /~...--.~ ......... ....... .......... 1000-18-2-13 Building Inspector Geo,:ge Pishe~: O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DEC,S~ON OF BUiLDiNG ,NSPECTOR APPE~ NO. ~/'X~ DATE!r~ ...~../F.....7~" TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.V. ~ ~ Name of Appellant Street and Number ............................... .~.~.~] ............................................. ~...~.~.~...HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF TH/~ILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................. ................... DATED ...~....~ ....... WHEREBY THE BUILDING INSPECTOR DENIED TO 7,'//7/7[ Name of Applicant for permit ot: Street and Number Municipality State PERMIT TO USE PERMIT (FOR OCCUPANCY LOCAT,ON OF T.E PROPER ...... Street ~J~J i/Use DistriCt or{ Zoning Map 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 ( b'~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 (has) (has not) been mode 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 ~ ~ Form zB! (Continue on other side) REASON FOR APPEAL O Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties .or unneceso sory HARDSHIP bec°use e.~~ ~-Z,~~ ~;~-¢~ '~ ~-'~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the imTediate vicinity of this property and in this use district bec~:~__/~ ~Z~,y~~,2~ ~ . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CH^RACTER OF THE DISTR~CT because STATEOF NEWYORK ) COUNTY O~~ ss Sworn to this .............................................. day of ......................................... 19 JUDITH T. TERRY ~ Notary Public, State of New Yorl( No. 52-0344963 Suffolk Coun~t~t/~ Commission Expires March $0~ 19}-,~ © O ~K JUDITH T. TERRY TOW~ CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L.I.,N.Y. 11971 July 5, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2446, application of Kenneth and Jerie Newman for a variance. Also included is notification to the following adjoining property owners: Oysterponds School Board of Education, Mario Antonazzi, Elbert Luce, Jr. 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 Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: ~l/~td-T TO ~:~(.ll L-/3 2. That the~operty which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows:r~l~E~f. TIAL - ~-A,~T ~IDI~ ) ) ) ) ~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: ~f~ ~ u I L [~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 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:~ ~)/fff Petitioner ) ) Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS O ~N-r ~q57 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL REstRiCTeD DELIVERY - ~= ] SPECIAL DELWERY (~xlrm ~ req~irea) I PS Form NO INSUR~NC~ COV~R~G~ P~OVI~ED-- Jan. 19763800 NOT FOR INTERNATIONAL MAIL STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~~ ~/ . residing at /~/,/~/'//~ ~/~/ · /'(2,/?~L~'~ // _ . being duly swgt:n, dl~poses~nd says tl~t~/~/the ~ ~, day of - - ~ ,19 .~____, deponent mailed a true copy of the Notice%elt/forth on the re- verse side hereof, dir~ted 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 curren/~ssessmen~t_roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~./'~42~-r,~ ; that said Notices were mailed to each of said persons by ,(certified) (registered) mail. Sworn to befor~ me. this ~ day of .~-~-~_ , 19 d/ ' Notary Public - - JUDITH T. TERRY Notary Public, State of New Yor~ No. 52-0344953~u,,o,k° ,, , Coun~f/9 Commission Exp:rc~ March 30, 19/.~/ ,/ o.'1. 2.0A( c ) 7 I I il. SA(C)! '58 6 1.0 A[Ci I.SA(c) ZOO' 5 12.6A 16.,tO. 15 16.,6 F 2 JA(c) OYSTERPONDS UNION FREE SCHOOL DIST IN ORIENT I,OA(¢) ZOO' ~s UNION tREE OYSTERPOND$ SCHOOL DIS~ UNION FREE SCHOOL 2~, IN ORIENT S.7A( c ) 12 ~'CHAEL BAKER JR. 22 t. ZA[c} 22.2 A(c} 7.9 A(c) STATE OF ~ · NEW YORK  LgA( c ) Z6 25 17 9.0A(C ) SEE SEC NO 027 lO .SA(C} 6C~ooL Pe~c--£ iio' OxtS-T~.A ¢o ~bs SChoOL