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HomeMy WebLinkAbout2413 TO~ OF SO~THOLD, NE~V YORK ACTION OF THE ZONING BOARD OF ~PE~S Appe~ No. 2413 Dated April 19, 1978 ACTION OF T~ ZONING BOARD OF APPE~ OF ~ TO~ OF ~HO~ To Mr. Albert Orlowski (Richard J. Cron, Esq.) Main Road Cutchoque, New York Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lark of access to property ( ) Bequest for a special exception under the Zoning Ordinance (~) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was determined th~ a ~ecial exception ( ) be gra~ed ( ) ~ denied pursuant to Article .................... ~ction .................... S~section .................... paragaph .................... of the Zoning O~inanee and the decis~n ~ the Building Inspector ( ) be reversed ( ) be confirmedbecau~ 8:45 P.M. 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: Sterling Lane, Cutchogue, New York, bounded on the north by Bolenius; east by Bolenius and Imbriano; south by Sterling Avenue; and west by Scott. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinanoe (would) (would not) produce hardship because SEE REVERSE practical difficulties or urmecessar~ (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vielnity 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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to base helicopters on a portion of farmland during the farm spraying season. This is a necessary adjunct to agriculture and that the operation proposed does not constitute an airport. 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 this Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, that Albert Orlowski, Main Road, Cutchogue, New York, (Richard J. Cron, Attorney), be GRANTED permission to base helicopter 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 Imbriano; south by Sterling Avenue; and west by Scott, subject to the following conditions: (1) The location chosen by the Applicant for use as a heliport shall be used only for the purpose of agricultural purposes. (2) Shall not be used before May 15, o~ after October 30. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, Maimone. Town Clerk, To~ o[ South~d 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 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 Sonthol/i,-t~New York, ~public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Seuthold, NeW York, on Thursday, May 4, 1978, on the following, appeals: 7:30 P.M. (E~$..~.) upon application of M_r:~ ikld l~rs. David Ricereto, Oregon .Road, Cutchngue, New ~Y~k, (An- thony B. Tohill, Attorney) for a variance in accordance with · the Zoning Ordinance, Article III, Section 100-31 and Bi]ill/ Schadule~ for' perlmisslea to construct dwe~ing ~ Ydfl~L in- sufficient side ya~j~k. Location of propert~:.~ight- of-way, north side, 0~egon Read, Cutchogue,~New York, · bounded on the north by Long Island Sound; east by Baxte.~; suuth by Krupski: Gallagher. ,~ ' 'H'~ 7:40 P.M, (Z.S~.~- ~uP~ application of Henry Smith, Robinson Lane, Pceeaic, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule to subdi~i'de an overly large parcel into two parcels. Location of property: west side of Hobart Road. Southold, New York, bounded on the north by Whitside; east by Hobart Read; 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 York, for a variance in ac- cordance 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, Seuthold, New York~ bounded on the north by Core Creek; east by Bugdin; south by Minnehah~ Boulevard; west by Haggert. 8:00 P.M. (E.S.T.) upon a~p-Ti~Sl"[6fi~ James P. McFarIand, 13 M~dred 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, Cut- )LK, I chogue, New York; Lot No. 237 on Map A of "Nassau Point ~)RK, ~ ss: Properties." J 8:15 P.M. (ES.TO upon ~ p p--lY~ g fib-fi---6V-'qff~ fi § [ 1;7 IVlidgelte~, MA L'ittle~ Peconic Rdo,~} Ctifchogtie, ~ew York. for/a varmnce in/accordance with the zoningtOrdinance. 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." 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 Jaresz. 8:45 P.M. (E.S.T.) upon ap_~lication of Albert drlovYs~i;-~in Road, Cut- ch~gffe, New-Y%r~,,-(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 Imbr[ano; 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. d: April 24. 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA27~2970 .................... being duly Sworn, s Printer and Publisher of lhe SUFFOLK newspaper published ~ Greenport, in said , notice, of which i_he annexed is ~ printed lished in the s~id Suffolk Weekly Times ~or .......... O.N?. ............. weeks ~ncing on the .T~.~'~.~.:.?F. VFI~WI~ ....... ..-~-.--.-.-~--~ ~.. 1S.~. ~e this ....... ......... FORM NO. ~ 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL for permit to e~.-:: :-_:-_: .................... _~ ................ :.at the premises located at ............................ ........... ~~. ........ ~ ............... Street Map Block ............................................ Lot is returned herewith and disapproved on the following grounds .............. ~.~ ..... ~,~.~..,', ...... ~ ....... ~.,,.:~,. .~ .~~~ ........ L~ z/c~,m ~/ Buil~in~ inspector C TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL DATE 4/19/78 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ALBERT ORLOWSKI of Main Road 1, (~t'~) ..... ...... ~ ...................... ~.: ............................................. .~ ........................................................... Name of Appellant Street and Number : Out~hogae · ,.: ~ , New York ............. : ....................................... : ........................................................ : .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD, I/N.G IN/SPECTOR ON APP',CAT,ON FOR PERM,T NO ................. .................... DATED .............. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( ALBERT ORLOWSKI Name of Applicant for permit of ]~ain Road Cutchogue New York ..... ....................... .................... ..................... PERMIT TO USE PERMIT FOR OCCUPANCY ) 1. LOCATION OF THE PROPERTY '$~erlin.g..Avenue~ ,?A" Agricultural:& Residential Street Use District on Zoning Map Iv%ap 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.) Article III Section 100-30(A)(2) 3. TYPE OF APPEAL Appeal is made herewith for 0[ ) 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 ,(~l[(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeal was ( ) request for a special permit ( ) 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 isrequestedforthereasonthat applicant desires to use a non-income portion of his farmland as a base for helicopters during the farm spraying season. t%rzn ZB! (Continue on other side) REASON FOR APPEAL Continued O 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- scry HARDSHIP because it would prevent the applicant from using a non- income producing portion of his land for a commercial agricultural use, to wit: A .helicopter base for the spraMing ofhis farmland as well as that of 6ther farmlands within the Town of Southold. The spraying of farmland by helicopter is a permitted use within Article IIIj SectCO~ 100-30(A)(2) of the Southold~Town Zoning Ordinance. The use of the lands in question as a helicopter base is an accessory use.necessary and incidental to the promotion of agricultural operations. A single base of operations eliminates the practihal difficulties and hardship of using each individual farm as a separate base, as well as minimizing the cost or expense of spray- ing for each participating farmer. 2. The hardshipcreated is UNIQUEond isnotshared by all properties alike in the immediate vicinity of this property and in this use district because the subject property has characteristics not shared~by-.other surrounding properties which lends itself most suitable to the proposed use. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the spraying by helicopter is a permit- ted use in an agricultural district. The mere basing of the helicopters at one farm as against on a farm-to-farm basis, for a limited time dur- ing the agricultural spraying season does not change the character of the agricultural district, but is rather an activity in pursuit thereof. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Signatqre Sworn to this , .~....~ ...... .1...9.,t...h. ..................... day of ............... .A.~'~..~ ............................. 19 ~8 / l...c p .' ~'O~r ~ubHc ht the State Ot { JUDITH T. TERRY TOWN CLERK P~EGISTRAR OF VITAL STATISTICS © Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 April 20, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2413, application of Albert Orlowski for a variance. Also included is notification to adjoing property owners as follows: William Bolenius, Cox Lane, Cutchogue, N.Y. 11935; Anthony Imbriano, 136 Cleveland Avenue, Massapequa, N.Y. 11758. Town Clerk ~ JTT/bn cc:file © 0 516 734-5100 April 25, 1978 Babette Conroy, Secretary Southold Town Zoning Board of Appeals Southold Town Hall Southold, New York 11971 Re: Notice of Petition of Albert Orlowski Dear Mrs. Conroy: In connection with the above captioned, we enclose herewith duplicate original of Notice to William Bolenius and Anthony Imbriano, the original of which we had hereto- fore left with the Town Cle~. We trust the enclosed will complete your records the matter. RJC/j f Enclosure in Southold Town Board of Appeals -~OUTHDLD, L. I., N.Y. 119'71 Telephone 765-~660 APPEAL BOARD MEMBERS Robert "~. Gillispi¢, Jr., Chairman Robert Bergen Charles Grigoni% Jr. S¢r$¢ Doyen, Jr. Fred Huls¢, Jr. August 5, 1977 Mr. Arthur C. Schneider, Pres. Island Helicopter Corporation North Avenue Roosevelt Field Industrial Park Garden City, NY '11530 Dear Mr. Schneider: At their regular meeting on August 4, 1977, the Board of Appeals discussed your letter requesting a time extension of the August 1, 1977, deadline on the "Order to Remedy Violation" issued by the Building Department. The Board is in agreement with your request, and you are therefore granted an extension of twenty days in which to remove the helicopters from Mr. Orlasky's property. Ma~/ E. Dawson Secretary CC: Building Department Chairman Board of Appeals-Town of Southold Town Clerks Office - Main Road Southold~ New York 11971 Dear Mr. Chairman: On July 28~ 1977~ I was advised by Mr. Albert Orlasky, a property owner on Sterling Lane~ Cutchogue~ that he was cited by the Southold Town Building Department for violation of Article III~ Section 1OO-3OA; i.e. allowing use of premises as an airport and base of opera- tions for spraying services. Because of the geographic area that Mr. Orlasky's farm is situated in Cutchogue~ it has been very well suited to the operation- al helicopter for reasons of isolation~ security of equipment and finan- cial benefit for the farmers in the Southold agricultural area. The order to remedy violation (Form ~) directed a comp- liance date of August 1~ 1977. Giving consideration to the fact that we have been operating seasonally from this property for four (4) years~ the physical effort to comply by August 1st was difficult~ if not impossible. On August 1, 1977~ I met with Mr. Howard Terry of your Building Department and advised him that I have immediately taken steps to comply but that an extension of time would be necessary. It was on Mr. Terry's suggestion that I am herewith re- questing a time extension of twenty (20) days to enable me to remove the helicopters while maintaining their sec~rity; i.e. complex radio systems and eXternal agricultural apparatus~ etc. I will keep in close touch with Mr. Terry to insure com- munications between us and to keep him totally appraised with regards to our desire to remedy this violation and comply with your order. Respectfully Su~bmitted ~ Arthur C. Schneider President Island Helicopter Corporation ACS:bet Executive Off/cee: Island Heliport North Avenue Garden City, New york 11530 (51~) 294-0365 (212) 896-5372 TELEX No. 146 375 New York City: I~lend'~ 34th Street Eaat Pan Am's East ~Oth Street - Wall Street Factor/Approved Bell 206/47 -- Hughes - Slkomky F,A,A, Approved Repair Station No, 111-37 O BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : ALBERT ORLOWSKI : to the Board of Appeals of the Town 'of Southold : TO: JOHN O. SCOTT, III 88 Florence Avenue Oyster Bay, N.Y. 11771 NOTICE WILLIAM B. STERLING Cutchogue, New York 1193 5 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) (:6Ril~lial::l~bORkt~Zli~aJ~the following relief: Vari_anee ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Easterly side of Sterling Lane approximately 2600 feet north of Main Road, Cutchogue. 3. That the property which is the.subject.of such Petition i.s located in the f.ollowi.ng zoning district: "A" Residential and Agricultural Dzstr~¢t 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: A use variance to base helicopters on a portion of farmlands owned by applicant during the farm spraying season. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III - Section 100-30(A) (2) 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 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 r'~gOhV~nt¢~fa~;eUat~?lnddabred hdeeaS~dgnaTseudcfhO~:har~nPgU, blication of such notices~_u or YOUr representative have the Dated: Ap ra. 1 19, 1978 , Post Office Address Main Road Cutehogue, N.Y. 11935 O O PROOF OF MAILING OF NOTICE NAME ADDRESS John G. Scott, III William B. Sterling 88 Florence Avenue ~ Oyster Bay, N.Y. 11771 Cutchogue, N.Y. 11935 STATE OFNEW YORK) COUNTY OF SUFFOLK) SS.: Sworn to before me this 19 th day of//'A-'~i~ ///~ , lp 28 JANE FLATLEY ~ residing at Mattituck~ New York, , being duly sworn, deposes and says that on the 19t:h day of April ,19 78 ., 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 their respective names; that the addresses set opposite the names of said persons are the addresses Of said'pefsoni is'shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Cutchogue ; that said Notices were mailed to each of said persons by (certified) :~,~llte~) mail. FOR PARCEL NO. SEE SEC NO ~, FOR PARCEL NO. ,o2-o2-oo2., sEE sec ~'~ns FOR PARCE_ NO. N OTIC£ MAINTENANC[, ALTERATION. SAL~ OR KEY MAP COUNTY OF SUFFOLK -_-? _ o, ...... 2ooL ~'°c Real Property Tax Service A~ency AP--.EA I9.05~; 0 $ 'T' F-. P--. LIN ~; 'i~MAp .OF PP-_oPEP..TY OW N F-.. B PAUL O~LOWSt-(! C,U'f-Ctfl OOU E 7 ,SucFoLl~ GO.,