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HomeMy WebLinkAbout2453 R._0~W S/S Bayview Rd. 87 ..Action was ~as~ n~e~ 6~15..~78 .~-7~' ~-w~~ - TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2453 Dated July 17, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Raymond Kirsch 1551 Williams Bridge Road Bronx, New York 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 ( ) DATE....~.~.~ 4, 1978 Appellant the appeal 1. SPECIAL EXCEPTION. By ~solution of the Board it was determined th~ a special exception ( ) be gra~ed ( ) be de.ed pursuant to ~t~le .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and ~e decision of the Building Inspector ( ) be reversed ( ) be co~medbeea~e 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. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ail 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 therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 ) be denied and After investigation and inspection the Board finds that the applicant requests permission to construct an accessory building in his front yard. The findings of the Board are that the applicant has constructed an outstanding building, and it is appropriately located for the area. 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. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Raymond Kirsch, 1551 Williams Bridge Road, Bronx, New York, be GRANTED permission to construct an accessory building in the 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. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis and Tuthill RECEIVED AND FILED BY TH~ SOUTHOLD TO%¥N CT.~.RK DA~ To~ ~erk, To~ of ~uthold LEGAL NOTICE NOTICE OF HEARING~ 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 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 part of lot No. 235 on Map A of "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 accord- ance 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. Antonazzi. 8:10 P.M. (D.$.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 %he north by Jemmot; east by Young; south by Maple Avenue; and west by Grand Avenue. 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, Now 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 per- mission to construct ac- cessory building in front yard area. Location of property: Private road off Bayview Road, Soutbeld, New York, bounded on the north by right- of-way; east by V. Ladeck; ~th b~ Carey 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 sbed in the side yard. Location of property: Little Peconic Bay, Cutchogna, New York. Lot No. 236 and part of lot No. 236 on Map A of "Nassau Point 6:~0 P.M. (D.S.T.) Upon application of Kenneth and Jerie Newman, Private Road, Orient, Now York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-~2 and Bulk Schedule to construct a detached garage in the side yard. Location of vrooer~: Private Road, Orient, New York, bounded on t~e north by E. W. Latham; east by E. E. Luce, Jr.; south by School District-No. 2; west by M. 8:10 P.M. (D.S.T.) Upon application of Beverly An- drews, S7 Edward Street, Reslyn Height, New York, for a variance in accurdance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule 'to divide property with insufficient frontage. Location of property: Grand Avenue, Mattitu~k, 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 Suffolk Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Buik~ Schedule to construct an underground swimming pool in the front yard. Location of property: New Suffolk Avenue, Mat- tituck, New York, bounded on the north by A. Mileski; east by H. Sacks; south by New Suffolk Avenue; and west by Maratooka Road. 6:30 P.M. (D.S.T.) Upon~ application of Southold Rotary Club, Southold, 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- promises sign. Location of property: Triangle Park, Southold, New York, bounded on the north by Lower Road; east by H. A. Goldsmith; south by Main Road and west by Lower Rood. 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 art off- premises sign on property of Case. Location of property: Middle Road, Cutchogue, Now York, bounded on the north by Middle Rood; east by J. Townsend, Jr.; south by Long Island Hai]rcad; west by J. Bedneski, Jr. 6:40 P.M. (D.S.T.) Upon application of St. Peter's Lutheran Church, Main Rood, Greenpert, 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 OIsen. Location of property: Route 25, Mattituck, New York, bounded on the nnath by Main Road (S. R. 25); east by S, Kander; south by K. B. Tuthill; west by H. Poliak. 8:45 P.M. (D.S.T.) Upon application of Helen Weevnlk, Central Drive, Mattituck, New York, for a variance in ac- cordance with the Zoning Ordinance, Article HI, 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. 8:55 P.M. (D.S.T.) Upon application of Joan L. Upon application of Joan L. Tsontakis, .239 Breakwater Rood, Mattituck, New York, for a variance in accordance with the Town Law, Sect/on 280A for approval of access. Location of property: Break- water Road, Mattituck, New York, bounded on the north by Sound Rood Estates, Inc.; cast by Rcesch 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 Zonh~ 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, Cutchngue, Now York, bounded on the north by Middie Rood; 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 ITJ20-3028 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: T~OY CUSTAVSON ...................................... being duly Sworn, says that . ..I~. .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport. in said county~ and that the notice, of which the annexed is a printed copy. has been published in the said Suffolk Weekly Times once in each week, for ....... Q.N~.. ................ weeks successively ~ommencing on tile ...~JE]~T,~,ETH. ........... day of .... ,,~UL.Y ...... 19..7..8 ........ ¥ _ ............... Sworn to beftkre me this]./..~.../... MURI~£ ,NOTAI~Y PUBLIC. Sfa~e o~ New YorJ~ No. ~2~452202& Comm?.si-~n Expires Merc~ 30, 19 ........ 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 n.m. I"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 accessor3 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 Jam~s 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 plade a storage shed in the side yard. Location of property: Little Paconie 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 application of Kenneth and Jerie Newman, Private Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article IIL 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. Lute, 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 Ill, 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 .p.m.. (~.S.T.), U~pon__ COUNTY OF SUFFOLK STATE OF NEW' YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH/~A.N, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in s~3id Long Island Traveler-Watch- man once each week for .......... I ............................. weeks ucce iv y, comr. enci o. ................................ Sworn to before me ( .IL ot 0 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Dote ................ JUI.~..L~., ..................... , To .... .Ra:y'Jlond.. lJJ, r.i.c h, ................................... .......... .1 .~.5.1...W,t,1 l.J. tlmR.. JrAdg~e.. Ro&d ......... .......... .ltr.~l~X ~.. R~.w.. Xork.....1.i14 £.1. ................ PLEASE TAKE NOTICE that your application dated .................................................... , 19.7~.. for permit to construct ..~.~.g.~.~...~lJ~k~,~l,~L...at the premises located at . ~a~. ,all ew...l~c~&d, ...~o- t, ho lc1, .. Z~IY ...... Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the followlng grounds ....~l~lO~'.y..~u,J, ld, J. li~.~ .......... ..... ar~.. not,..pe_~t t,~,,ec%., t,n.. £.~ont...yaw, d- &~ea., .................................................................. Building Inspector George Fiaher © O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~9/"/L°7~'~ DATE ....~.~../....~../~...~ TO THE ZONING BOARD Of APPEALS, tOWN OF SOUTHOLD, N. Y. ,, ....... Nome of Appellent Street and Number /¢~ .ERE ......... ~...,.,..~.,.,....,... ................................................................................. BY APPel TO Municipality State BOARD OF APPEALS FROM THE,,DECIS)ON Of THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .... ~ . DATED ... WHEREBY THE BUILDING INSPECTOR DENIED TO ........... ....... . ............. p~ome of Applicant for permit of / Street and Number Municipality State (") PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1: LOCATION OF THE PROPERTY ~'~'"/"~'""'~'"'""~"~';"'""/~"~"Z"0")';~'~iStreet' ' ~'/~"~"~'~''' 'g p '~,~ 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.) 3.. TY~C~PPEAL Appeal is mode herewith for ( ~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) 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~as) (hes-'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 ( ~)"~'quest 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 ) ~s requested for the reason that ~ y Form ZB1 (Continue on other side) REASON FOR APPEAL © O Continued sory HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shored 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 '/'~-h I ~ / ~ ~ O/I.., ~- J~--'~f~ ~/Z ~ STATE OF NEW YORK SS COUNTY OF Sworn to this ............ /.....~.. ........................ day of ......... ~~ ..................... 19 Notary Public r ' i-,,' - ~ Signature © ~K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 July 19, 1978 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2453, application of Raymond Kirsch for a variance. Also included are notification to adjoining property owners as follows: Robert Isles, 83 Old Post Road, East Setaucket, N.Y. ~uJith T. Terry~ Town Clerk ~ JTT/bn cc:file Enc./ Town of Southold Board of Appeals Suffolk County Department of Plannin~ H. Lee Dennison F:-mcutive Cffice Buildin~ Veterans i~morial I!ichway ~auppaug, e~ :Ie~York 117~7 (516) 979-2918 August 2, 1978 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Plann!r~ Commission 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. ~,plicant Hunicipel File ?t, mber' Southold Rotary Club St. Peters Lutheran Church St. Peters Lutheran Church Long Island Vineyards, Inc. Raymond Kirsch James F. McFarland 2443 2444 2445 2450 2453 2454 Very truly yours; Lee F. Koppelrmn ,.~/rector of Plannin~ Cerald G. "le~,~man Chief Planner TOWN CLERK 765-3783 Building Dept. Ptenning 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 ..... ]~O~I~(:~. O~. /]l,~)p.~.~,~.l[i ............. of the town of....~.O.~.h.o.~.~. ................. (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 ....... 3~ ...... Variances Raymond Kirsch 1551 Williams Bridge Road Bronx, New York 10461 Appeal No. 2453 Location of affected land: .Pr£v.e-te..~oad...(~f~,..l~.~,e.~...~&~k~,...~.~.~t,h~...~..ff.~r~ ..... 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 .......... Y... 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: A~licant was granted permissi~n to erect a tool shed in his front yard u~on the condition that it be placed at least 4 feet from his lot line. Date received by Suffolk County Planning Commission File No ................................. Robert W. Gillispie, Jr. Chairman BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : YOU ARE HEREBY GIVEN NOTICE: NOTICE 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a l. Varianc.e) (Sp,~r~l-E~on) (S~_~!a! ?c; ~;) (the following relief: cribed~follows: ~ ~U~ !~ , ~ /~., Z ~ ~ E~ ~ ~ ~ x~ ) ~ ~ ~.~1 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: $. That the provisions of the Southold Town Zoning Code applicable to the relief sou_.~.ht by the under- signedare: /"'-~ /~'~'7"' ,'~ 'T-O~-' ~'1~'/0 z',~ ,'~/ ,~-~::~O~t,,/ ~z,,~'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: ~,,~x., /'~. ,j?') ~ Petitioner Post Office Address ,4'o ,,,... ?. NAME PROOF OF MAILING OF NOTICE ADDRESS PS Form 3800. Apr. 1976 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: -~XVo ~ ~ , ~-~/~ /o '4(,, ) , being duly sworn, deposes and says that on the ~ day of ~-~ L~,/ r ' ,19 ~ ~ , deponent mailed a true copy of the Notice set forth on the re- verse s,de 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 persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at /~. ~, o/~dz-- 5~ ~oo r~z ~'//~ .~, (certified) (,ra;~La,.~) mail. Sworn to before me this I '? day of~ --~,-_~,~ ~ "f ,19 ? ~' Notary Public ; that said Notices were mailed to each of said persons by # 7 '/' 2.9 A{c) TOWN OF SOUTHOLD [UN~ERWA?ER [,,AND} I0 98,0 A {c) I0 7,2 A (c) SEE SEC. NO, 133 HOG NECK BAY