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HomeMy WebLinkAbout2155 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2155 Dated June 14, 1976 ACTION OF TI{E ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Appolonia Kirchgessner (Abigail Wickham, Esq.) Camp Mineola Road Mattituck, NY 11952 DATE.~...~3, 1978 Appellant at a meeting of the Zoning Board of Appeals on March 23, was considered and the action indicated below was taken on your (X) Request for variance due to lack of arcess to property ( ) Bequest for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 19 7 8 the appeal 1. SPECIAL EXCEPTION. By resolut~n of the Board R was d~emined th~ a ~ecial exception ( ) be gra~ed ( ) be denied pursuant to ~tic~ .................... ~cfion .................... Subsection .................... paragraph .................... of the ~ning Ordinance and ~e decision ~ the Building I~peetor ( ) be reversed ( ) be eo~medbecause 9:10 P.M. (E.S.T.) - Recessed hearing upon application of Appolonia Kirchgessner, Camp Mineola Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Seotion 100-31 and Bulk Schedule for permission to divide property with insufficient area. Location of property: Right- of-way, east side Camp Mineola Road, Mattituck, New York, bounded on the north by now or formerly R. Tuthill; east by now or formerly J. Peters; south by right-of-way; west by now or formerly P. Groben. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because 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 district because (would not) SEE REVERSE FORM ZB4 and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. After investigation and inspection, the Board finds that the applicant requests permission to divide property with insuf- ficient area and approval of access, right-of-way, east side Camp Mineola Road, Mattituck, 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, Appolonia Kirchgessner, Camp Mineola Road, Mattituck, New York, be GRANTED permission to divide property with insufficient area and approval of access, right-of-way, east side Camp Mineola Road, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. RECEIVED AND ~kED BY 7F~ SOUiH~LD,~,,,..~.. CLEFJf DAT~E 6~-Iq -?~' HOURJL'~.~ T~rk Town of ~a~hold O Legal Notice -2- Hearings: March 23, 1978 of property: South side Broadwaters Road, Cutchogue, New York; Lots #189 and 190, Amended Map "A" of Nassau Point Properties, Filed Map $156. 8:35 P.M. (E.S.T.) Appolonia Kirchgessner, Recessed hearing upon application of Camp Mineola Road, Mattituck, New York (Abigail wickh~m, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insufficient area. Location of property: Right-of-way east side Camp Mineol~ Road, Mattituck, New York, bounded on the north by now or for- merly R. Tuthill; east by now or formerly J. Peters; south by right-of-way; west by now or formerly P. Groben. 8:40 P.M. (E.S.T.) upon application of P.B.M. Associates, Inc., Boisseau Avenue, Southold, New York, and the Southold Savings Bank, Main Road, $outhold, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance Article VII, Section 100-71 and Bulk Schedule for permission to divide property with insufficient width. Location of property: East side Youngs Avenue, Southold, New York, bounded on the nortl by Long Island Railroad; east by F. Rich; south by Eiseman; west by ~oungs Avenue. 9:00 P.M. (E.S.T.) upon application of Angelo Francis Corva, 159 Great Neck Road, Great Neck, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling exceeding maximum lot coverage. Location of property: Snug Harbor Road, Greenport, New York; Lot $54, Cleaves Point, Filed Map $4650. Any person desiring to be heard on the above appeals should appear at the time and place above specified.~ Dated: March 10, 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 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, Ma~n Road, Southold, New York, on Thurs- day, March 23, 1978, on the following appeals: 7:SS P.M. (E.S.T.) upon application of Patrick Edward and Linda Martz LyonS, Main Road, Orient, N~w York (George Stankevich' Attorney) for a special exception in accordance with the Zoning Ordinance, Article X1, Seation 100-1led for permission to reinstate non-conforming, two -family use. Location of pro- perry: North side Main Road, Orient, blew York, bomlded on the norttcby D; Rose; cast by Finkl~ soalh by Malt~,Road;. ~ west h?~D- ~,,1~. ~re. 8:05 ~¥.10l~.' (E.S.T.} upon Ma~.K'~' 6f Iq'assiU Point Map #156. ~,.T.) Recessed application of Kirchgessner, Mineola Road, Matti- New York (Abigail Wick- Attorney) for a variance accordance with the Zoning Article lB, Section 100-31 and Bulk Schedule for vermission to divide prop¢.rty ~ith insufficient area. Location of property: Right-of-way east ~:tti e o on the north by now or formerly R. Tnthill; east by now or formerly 3. Peters; a south by right-of-way; west by t'i now or formerly P. Groben. 8:40 P.M. (E.S.T.) upon application of p.B.M. Asso- ciates, lnc., Boisseau Avenue, Southold, New York, and the Soathold Savings Bank, Main Road, Southold, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance, Article ¥11, Section 100-71 and Bulk Schedule for permission to divide property with insuffi- clent width. Location of pro- perty: East side ¥oungs Av- enue, Sonthold, New York, bounded on the north by Long Island Rallr6ad; east by F. Rich; south by Eiseman; west by Youngs Avenue. 9:00 P ..... - .... ' application of Angelo FranCis COUNTY OF SUFFOLK SS. STATE OF Nk-'W YORK Patricia V~ood ~ being duly sworn, soys that she is ~ Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at $outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, r os been published in said Long Island Traveler-Watch- man once each week for / weeks successively, commencing on the ...~.,; ............................... ; ' ""~/:-' 19....L.~. day of ..... /¢ ................................. , .......... : ........... ...... Sworn to before me this ...../..~i .............. day o~ .... I.~5.."..,./..:.. ............. ~ 9......~...!, ................. k..c&~j~ Notary Public ss ;I :~i ':~ ,~a/cti 30, 172~> LEGAL NOTICE Notice of Hearings Pursuant to Section ~t~r of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public bearings will be held by the Zoning Board .o£ Appeals at the Town Hall, Ma~n Read, Southold, New York, on T~ursday, March 23, 1978, on the following appeals: 7:55 P.M. (E.S.T.) upon ap- plication of Patrick Edward and Linda Martz Uyons, Main Road, Orient, New York (George Stankevich, Attorney) for a special exception in accordance with the Zoning Ordinance, Article XI, Section 100-118 D for permission to reinstate non- conforming, two-family use. Location of property: North side Main Read, Orient, New York, bounded on the north by D. Rose; east by Finkle; south by Main Road; west by D. Moore. 8:05 P.M. (E.S.T.) upon ap- plication of Charles A. Bolsch, 30 Roosevelt Street, Little Valley, New Jersey (Gary Olsen, At- torney) for a variance in ac- cordance with the Town Law, Section 280A for approval of access. Location of property: Indian Neck Lane, ~eeenic, New York, bounded on tlie north by W. Zuri; east by Tuthill Bungalow Properties, Inc.; south by Piz- zarelli; west by P. Wood; Lot 2, Minor Sub. No. 87. 8:15 P.M. (E.S.T.) upon ap- plication of Wilford Kryger, 130 Wasbingtoo Drive, Cen~erport, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 31 and Bulk Schedule f~ per- miesi(m to cmstrect dwelling with insufficient ~ont yard setback. Location of property; Westphalia Ro~d and Deer Drive, Mattituck, New York; Lot No. 19, Map of Deer Park, Filed Map No. 3204. 8:25 P.M. (E.S.T.) upon ap- plication of Victor Teich c-o Burr G. Lewis, Main Read, Cutcbogue, New York for a variance in ac- cordanee with the Zoning Or- dinance, Article III, Section 100- 31 and Bulk Schedule, and the Town Law, Section 280 A for permission to change tot lines and approval of access. Location of property: South side Broad: waters Road, Cutcbogue, New York; Lots No. 189 and 190, Amended Map "A" of Nassau Point Properties, Filed Map No. 15~. 8:35 P.M. (E.S.T.) Recessed bearing upon application of Appolonia Kirchgessner, Camp Mineola Read, Mattituck, New York (Abigail Wickham, At. torney) for a variance in ac- :ordance with the Zoning Or- tinance, Article III, Section 100- and Bulk Schedule for per- mission to divide property with insufficient area. Location of property: Right-of-way east side Camp Mineola Read, Mattituck, New York, hounded on the north by now or formerly R. Tuthill east by now or formerly J Peters; south by right-of-way; west by now or formerly F Grobon. 8:40 P.M. (E.S.T.) upon ap- plication of P.B.M. Associates, Inc., Boisseau Avenue, Southold, New York, and the Soutbold Savings Bank, Main Road, Southo]d, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance, Article VII, Section 109-71 and Bulk Schedule for permission to divide property with insufficient width. Location of property: East side Youngs Avenue, Soutbold, New York, bounded on the north by Long Island Railread; east by F. Rich; south by Eiseman; west by Youngs Avenue. 9:00 P.M. (E.S.T.) upon ap- plication of Angelo Francis Corva, 159 Great Neck Road, Great Neck, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling exceeding maximum lot coverage. Location of property: Snug Harbor Road, Greenport, COUNTY OF SUFFOLK, 1 STATE OF NEW YORK, ? ss: TROy GUSTAVSON ...................................... being duly Sworn, says tho! .. ~.., is Printer and Publisher of t~e SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county~ and that th~ notice, of which the annexed is u printed copy, has been published in the s~id Suffolk Weekly Times once in ~ach week, for .......... 0..N~.. ............. weeks successively commencing on the ...... S~.XTEEN~{ ........ I day of....~/~.~,~ .... 19.7Z.I Legal Notice Pg. 3 O O Southold T own Board of Appeals July 1, 1976 by Kouros Road; east by Bunny Lane; south by Arena; west by Caridi. (This description refers to Parcels C & D). 9:05 P.M. (E.D.S.T.) upon application of Appolonia ~irchgessner, Camp Mineola Road, Mattituck, New York (William Wickham, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for )ermission to divide property with insufficient area. Location )f property: Right-of-way East side Camp Mineola ROAd, Mattituc , New York, bounded on the north by now or formerly R. Tuthill; east by now or formerly J. Peters; south by right-of-way; west by now or formerly P. Groben. ~ 9:15 P.M. (E.D.S.T.) upon application of Walter Gaipa, Lakeview Terrace, East Marion, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for :permission to construct accessory building in front yard area. Location of property: Lakeview Terrace, East Marion, New York, bounded on the north by McDonald; east by Marion Lake; south by Salninen; west by Right-of-way. 9:25 P.M. (E.D.S.T.) upon application of Nancy Graham, Old Oyster Factory Ltd., 160 Fifth Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, %rticle III, Section 100-30 C 6f for permission to erect off- premises directional sign. Location of property: S/S Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Linden Avenue; south by North Fork Country Club; west by W. Wickham & W. Baxter. 9:35 P.M. (E.D.S.T.) upon application of Nancy Graham, Old Oyster Factory Ltd., t60 Fifth Street, Greenport, N. Y. for a special exception in accordance with the Zoning Ordinance, Articl= III, Section 100-30 C 6f for permission to erect off-premises directional sign. Location of property: Lots 187, 188, 189, Map of Peconic Bay Est. #1124, Main Road & Pipes Neck Road, us. J,me 24, 1976 LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the An~ended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York, on July 1, 1070, on the following appeals: 8:00 P.M. (E.D.S.T.) upon application of John .and Erma Gabusi, 58 Glenmore Avenue, Brentwood, New York for a variance in accordance with the Zpning Ordinance, Article IH, Section 100-32 for permission to construct accessory building in front yard area. Location of property: S-S Peconic Bay, Boulevard, Lausel, ~ew~¥.ork bounded on the north by Pecoalc Bay Blvd.; east by M. Eeache; south by Pecunic Bay; west by S. Spinosa. 8:10 P.M. (E.D.S.T.) upon application of Frank Wills, Bed Fox Road, BOx 371, Mattituck, New York for a variance th ac- cordanea with the Zonin~ Or- dinance, Article IH, Section 100- ~0 C & 100-32 for permission to construct aecess~y buildin~ ia fnmt yard area. Location 'of prowrty: North side Ruth Road, Mattituck, New York, bounded on the north by L.I. Sotmd; east by Captoin Kidd Subdivisiun south by H. V~Aaud; west by B. Vreeland. 8:29 P.M. (E.D.S.T.) upon application of John & Irma Hurter, 56600 Main Road, Southoid, New York, (Edward John Boyd V, Attorney), for a variance in accerdance with the Zoning Ordinance, Article ili Section 100-30 & Article II, Sec- tion 100-20 D (1) for permission to uae existing building for business. Location of property: South side Main Road and east side Town Harbor Lane, Southold, bounded on the north by Main Road; east by Town Harbor Lane; south by N. Mattessio; west by D. Zito & Ors, F. Lennert, Q.C. Hurdle. 8:30 P.M. (E.D.S.T.) upon application of Russell B. Case, President, Cedars Golf Club, Case's Lane, Cutcbogue, New Nork for a special exception in ~)~cordance with the Zoning dinance, for permission to ielecate directional sign for ;edars Golf Club. Article III, Sec. a_~0-30C 6f. Location of property: ~reese's Lane, Cutchogue, New blmrk, bounded on the north by !diiddle Road (CR27); east by it '.H. Wickham Est.; south by )ng Island Railroad; west by E. Tl~thill and P. Kurowski. c i~:35 P.M. (E.D.S.T.) upon c),)plication of Betty L. Fitz- a drick 263 Cushing Avenue, ~ Olliston Park, New York enJdward John Boyd V, At- of~ey), for a variance in ac- es ffdance with the Zoning Or- of {ance, Article III, Section 100- he,s & Bulk Schedule for per- :h h~sion to adjust boundary line N~ough the exchange of like- t-a-led parcels with insufficient 'sonith and area before and after nd ~hange. Location of property: city,St side South Harbor Road, ~ arghuld, New York, bounded on mncr north by right-of-way; east by so ilson; south by N. McCook; }f cost by South Harbor Road. sp~:45 P.M. (E.D.S.T.) upon ttiplication of Olympia Kouros, Main Road, Mattituck, New York (Rudolph Bruer, Attorney), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off small lots with insufficient width and area. Location of property: East of Grathwohl Road, New Suffolk, ,.~v hmmded on the north by J. refers to Parcels A & B). 8:55 P.M. (E.D.S.T.) upon application of Olympia Kouros, Main Road, Mattituck, New York (Rudolph Bruer, Attorney), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off small lots with insufficient width and area. Location of property: South of Kouros Road, New Suffolk, New York, bounded on the north by Kouros Road; east by Bunny Lane; south by Arena; west by Car./d!:¥~ption refers to ~ P.M. (E~D.S.T:) upon chge~mp Mineola Road, Mattiluck, N~w York (WiIliam Wickham, Attorney) 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: Right-of-way East side Camp Mineola Road, Mattituck, New York, bounded on the north by now or formerly R. Tuthill; east by now or formerly J. Peters; south by right-of-way; :west by now or formerly P.~ Gordon. J 9:15 P.M. (E.D.S.T.) application of Walter Gaipa, Lakeview Terrace, East Marion, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 32 for permission to construct accessory building in front yard area. Location of property: Lakeview Terrace, East Marion, New York, bounded on the north by McDonald; east by Marion Lake; south by Satninen; west by Right-of-way. 9:25 P.M. (E.D.S.T.) upon application of Nancy Graham, Old Oyster Factory Ltd., 160 Fifth Street, Greenport, New York for a special exception ir. accordance with the Zonin{ Ordinance, Article III, Sectio~ 100-30 C 6f for permission to ernc off-premises directional sign. Location of property: S-S Main Head, Cutchogue, New York, bounded on the north by Main Road; east by Linden Avenue; south by North Fork Country Club; west by W. Wickham & W. Baxter. 9:35 P.M. (E.D.S.T.) upon COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: Fifth Street, Groenport, N.Y. for a special except/on in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6f for permission to erect off-premises directional sign. Location of property: Lots 187, 188, 189, Map of Peconic Bay ~Est. No. 1124, Main Road & Pipes Neck Road, Arshamomaque. 9:45 P.M. (E.D.S.T.) upon application of Thomas J. Ger- man, (William J. Jacobs, Builder, Depot Lane, Cutchogue, N.Y.), Mattituck, 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 Right-of-way, south side Sound Avenue, Mat- tituck, N.Y., bounded on the north by right-of-way; east by M. Smith; south by Laurel Lake; west by now or formerly Un- derwcod. Any person desiring to be heard on the above appeals should appear at the time and place of hearing above specified. Dated: June 18, 1976 BY ORDER O1~ THE SOUTHOL[ TOWN BOARI OF APPEAL; 1TJ24--2409 says that ...h.e... is Printer and Publisher of the SUFFO WEEKLY TIMES, a newspaper pub}ished ~xt Greenport, in s county: and that the notice, of which the annexed is a prin copy, has been published in the s~fid Suffolk Weekly Ti~ once in each week, tot .......... 0.n~..{1.) ........ wc: successively commencing on the .... '.l.~.e.n..~?.~.l:.o.u.r..~.t}.. day of June ~- ~"'~'~.g 76 ........ ?: 7. .... Sworn to bei~:Lqe me this .. ~?.~.~... 1 day o, ..... I application of Nancy Graham, Old Oyster Factory Ltd., 160 ...... ~tu~a.z:t. ~.. ~or~aB ............. being duly Swo 8:35 P.M. (E.D.S.T.) upon ap- plication of Betty L. Fitzpatrick, 263 Cushing Avenue, Williston Park; New York (Edward John Boyd V, Attorney). for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 & Bulk Schedule for per- mission to adjust boundary line through the exchange of like-sized parcels with insufficient width and area before and after exchange. Location of property: East side South Harbor Road. Southold, New York, bounded on the north by right-of-way; east by Nelson; south by N. McCook; west by South Harbor Road. 8:45 P.M. (E.D.S.T.) upon ap- plication of Olympia Kouros. Main Road, Mattituck, New York (Ru- dolph Bruer. Attorney). for a variance in accordance with the Zoning Ordinance. Article Ill, Section 100-30 and Bulk Schedule for permission to set off small lots with insufficient width and area. Location of property: East of Grathwohl Road. New Suffolk, N. Y. bounded on the north by 3. Fisher; east by Gleason; south by Kouros Road; west by Grathwohl Road. (This description refers to Parcels A & B). 8:55 P.M. (E.D.S.T.) upon ap- plication of Olympia Kouros, Main Road, Mattituck, New York (Ru- dolph Bruer, Attorney). for a variance in accordance with the Zoning Ordinance, Article Ill. Section 100-30 and Bulk Schedule for permission to set off small lots with insufficient width and area. Location of property: South of Kouros Road, New Suffolk, Ne~v York, bounded on the north by Kouros Road; east by Bunny Lane; south by Arena; west by Caridi. (this description refers to Parcels C&D). ~ 9:05 P.M. (E.D.S.T.) upon a -p-~ plication of Appolonia Kirchgess- ! ncr. Camp Mineola Road, Matti- ' tuck, Ne*,' York (William Wick- ham. Attorney) for a variance in i accordance with the Zoning Ord- mance, Article Ill. Section 100-30 and Bulk Schedule for permission to divide property with insufficient area. Location of property: Right- of-way East side Camp Mineola Road, Manituck. New York, bounded on the north by now or formerly R. Tuthill; east by now or formerly J. Peters; south by right- of-way; west by now or formerly P. Groben. 9:15 P.M. (E.D.S.T.) upon ap- plication of Walter Gaipa, Lake- view Terrace, East Marion. New York for a variance in accordance with thc Zoning ordinance, Article 111, Section 100-32 for permission to construct accessory building in front yard area. Location of prop- $outhold Town Board of Appeals July 1, 1976 (E.D.S.T.) PUBLIC HEARING: Appeal No. 2155 - 9:05 p.M. upon application of Appolonia Kirchgessner, Camp Mineola Road, Mattituck, New York (~illiam Wickham' Attorney), 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-: Right-of-way East side Camp Mineola Road, Mattituck, New York, bounded on the north by now or formerly R. Tuthill; east by now or formerly J. Peters; south by right-of-way; west by now or formerly P. Groben. The Chairman opened the hearing by reading the application for a variance, legal notice of ~rlna. affidavits attesting to its publication in the official newSPapers, and notice to the applicant. The Chairman.also read statement from the Town Clerk that notification by certified mail had been made to: Mr. Frank Murphy; Mr. Laurence Reeve; Mr. Joseph Peters; Mr. Frederick Pivko. THE CHAIRMAN: The application is accompanied by a survey made by Robert Kart of Riverhead showing the proposed roadway 55' wide and two lots across the street, each over 41,000 feet. On either side of the proposed lots - the Peter Groben lot is 37,000 sq. ft. and the Peters' lot is 28,500 sq. ft. Is there anyone present who wishes to speak for this application? WiLLIAM WICKHAM: We are intending to apply to the'Planning Board for a minor subdivision. (Mr. Wickham and the Board then referred to the map and discussed the layout of the property.) THE CHAIRMAN: Have you been to the Planning Board yet? WILLIAM WICKHAM: No, we wanted to get the variance first. I was going to ask, Mr. Gillispie ..- the size of the roadway bothers me a little because it is quite wide, and I wondered if these people would mind if we cut it down. THE CHAIRMAN: I think that you should bring that up before the planning Board when you go there. We probably shuuld recess this until they've acted. WILLIAM WICKHAM: I spoke to Mr. Wickham about it, and he suggested that we apply to you first for a variance. Southold Town Board of Appeals -22- July 1, 1976 THE CHAIRMAN: layout. ROBERT BERGEN: I think the Board probably agrees with this How-would you change the width of that road? WILLIAM WICKHAM: Well, that presents a little bit of a problem. If we could increase the size of the lots on the north, that would be fine. THE CHAIRMAN: I think that probably this should go to the Planning Board first. This is the subdivision, correct? WILLIAM WICKHAM: (referring to map) Yes, the four lots. THE CHAIRMAN: Then the proposed 55' road is excessive and unnecessary. As long as we're holding this hearing, does any- one else wish to speak for this application? (There was no response.) Does anyone wish to speak against this application? (There was no response.) I might say that the Board looks favorably on this appli- cation, but the Planning Board might have some suggestions. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that decision on Appeal No. 2155, Appolonia Kirchgessner, Camp Mineola Road, Mattituck, New York be post- poned and that this hearing be recessed until a decision is reached by the Planning Board. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2156 - 9:15 P.M. (E.D.S.T.) upon application of Walter Gaipa, Lakeview Terrace, East Marion, 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: Lakeview Terrace, East Marion, New York, bounded on the north by McDonald; east by Marion Lake; south by Sak~inen; west by Right-of-way. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read letter from the Town Clerk gWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~/~Z".~ DATE ...J..u...n..e.....1..4..:.....1..9...7 6 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~) ...A.~.P.ql.o.~ia...Ki~hgeasner. ......... of !..n.9...~).....C...a..m.R...M...i..n...e.9..1.9....R. 9..a..d. ................... Name of Appellant Street and Number ................. .N...a.~.~j~.~..Ug.~; ........................................................... ..N..:.....~.... ........... HEREBY APPEAL TO Municipality State THEZONINGBOARDOFAPPEALSFROMTHE DECISION OF THE ~,U/~/DI~JG INSPECTOR ON APPLICATION FOR PERM T NO ..................................... DATED ....... ..~'/l~.~/.~. ............................ WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) Appolonia Kirchgessner Name of Applicant for permit of (no %) Camp Mineola Road¢ Mattituck, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY Private Rd. ,East side of Camp Mineola Rd. Street Use District on Zoning Map A-Residential-Agricultural Mop 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.) ART. III SEC. 100-30 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (×) 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 appealX~,~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal 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 (×) A Variance to the Zoning Ordinance ( ) is requested for the reason that appl±¢ant w±shes to d±v±de an area ±nto two lots w±th ±nsuf~±c±ent area; each lot, however, has a frontage of 198 feet. Porto ZBI (Continue on other side) 1. STRICT APPLICATION OF THE ORDINANCE would produce proctical difficultiesor unneces- sary HARDSHIP because if the lots could not be split, the combined area would have a frontage of 396 feet and an area of over 64,000 square feet. This would be an ungainly and an extremely difficult lot for merely a one-family dwelling. 2. The hardshipcreated is UNIQUEand isnotshared by all properties alike in the immediate vicinity ofthisproperty and in this use district because the other properties would not be effected; the Peter Groben property having an area of 37,772 sq. ft. and the Peters lot having an area of 28,500 sq. ft. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT~ It is the intention of applicant, if this application is approved, to apply to the Planning Board of Southold Town for a minor subdivision of four (4) lots as shown on the attached map. The two lots south of the private roadway each have an area of over one acre but their size and location do not interfere with the proposed lots in this application. The develop- ment as a whole presents a very equitable arrangement of lots. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss V J SignQf6re Appolonia Kirchgessner Sworn to this .-~.5...t..h. .......................... day of .............. Q'~D9 .............................. 19 76. '~ ~xallfie4 in 8u/folk County · ~ ~'l~i~'~ ~e~ch 30, 1977 To: From: Re: to: JTT/bn OFFICE [ CLERK CLERK Soufhoi~ 1~2 5'; 11971 © 0 c~OUTHOLD, L, I,, N. Y. 11971 June 17, 1976 Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of A. Kirchgessner for a variance-Appeal No. 2155 I have on file in my office notification by certified mail Mr. Frank Murphy, Old Main Road, Mattituck, N.Y. 11952 Mr. Laurence Reeve, New Suffolk Ave., Matttiuck, N.Y. 11952 Mr. Joseph Peters, Camp Mineola Rd., Mattituck, N.Y. 11952 Mr. Frederick Pivko, Camp Mineola Rd., Mattituck, N.Y. 11952 `IOHN WICKHAM, Chairr~a, FRANK S. COYLE HENRY E. RAYNOR, ,Ir. FREDERICK E. GORDON ,lAMES WALL Southold, N.Y. 11971 January 16, 1978 TELEPHONE 765- 1938 Abigail A. Wickham, Attorney Main Road Mattituck, New York 11952 Dear Ms. Wickham: The following action was taken by the Southold Town Planning Board at a regular meeting held January 10, 1978. RESOLVED to approve the minor subdivision of property of Appolonia Kirchggssner said map dated september 23, 1977. The next time Mr. Wickham is in the office I will have him sign the map and forward a copy to you. Yours truly, sh ,LSecretary Southold Town Planning Board WICKHAM~ WICKHAM & BRESSLER, ~.c. 516-298-8353 March 3, 1978 Southold Town Board of Appeals Southold New York 11971 Gentleman: The Southold Town Planning Board approved the Minor Sub-division of property of Appolonia Kirchgessner at their regular meeting on January 10, 1978. Two copies of the map and a copy of the Planning Board's letter dated January 16, 1978 are enclosed. It is now necessary that you review our previously submitted appli- cation for permission to set off undersized lots. If all is in order, kindly schedule this matter for a hearing on March 23, 1978. I ~uld appreciate it if you could schedule me for 8:30 or later. AAW:lw enc. Abigail A. wickham FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TO~'N CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL F,,e No ................................................................... Dote ................................ !..~ ............ ................................................................................. PLEASE TAKE NO~,ICE thor your opplicotion doted .......................... .~...., 19 ........ . ...(,~ ~.. ~...'~........~?....~... ..... Street Mop ........................................ B,ock ........................................ ,ot "~':~":"/~."~'"'~:,'2: ....... ..~.~..... ........ ~..~.~....~ ....... ~..~ ............................................ Building Inspector BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : APPOLONIA KIRCHGESSNER : NOTICE : to the Board of Appeals of the Town of Southold : TO: Mr. Frank Murphy, Old Main Rd., Mattituck, N. Y. 11952 Mr. Laurence Reeve, New Suffolk Avenue, Mattituck, N. Y. 11952 Mr. Joseph Peters, Camp Mineola Road, Mattituck, N. Y. 11952 Mr. Frederick Pivko, Camp Mineola Road, Mattituck, N. Y. 11952 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) (~;~:e~ava~¥~voY~q~r-.~f~l~.a~-y,~ (the following relief: to approve the division into two lots with less than required area. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: N - Mur~hv-Re~v~: S - Riqht-of-wav; E - Joseph Peter~; W - Frederick Pivk~) - ' - 3. That the property which s the subject of such Petition is located in the following zoning district: A Residential and Agricultural 4. That by such Petition, the undersigned will request the following relief: Approval of parcels with less than required area. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ART. III Sec. 100-30 and B 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold'T0wn 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. Agent for Petiti°ner~'~2~l~m~f~/ C Post Office Address P. O. Box 1424 Mattituck, N. Y. 11952 NAME PROOF OF MAILING OF NOTICF ADDRESS Mr. Frank Murphy Mr. Laurence Reeve Mr. Joseph Peters Mr. Frederick Pivko Old Main Rd., Mattituck, N. Y. 11952 New Suffolk Ave., Mattituck, N. Y. 11952 Camp Mineola Rd., Mattituck, N. Y. 11952 Camp Mineola Rd., Mattituck, N. Y. 11952 RECEIPT FOR CERTIFIED MAIL--30¢ (plus i s~ Old Main Road P,O,,~TAT~ ~ND Z~E~ ,--~Mattituck, N. y. 11952 --~ O~~OM ADDITIONAL FEES RETUR~ S~om an~dat~vered ........ ~pr.~~1971 NOT FOR INTERNATIONAL MAIL STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: EDNA M. HOUSTON , residing at Vanston Road, Cutchogue, N. Y., , being duly sworn, deposes and says that on the 15th day of June ,19 7 6 , 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 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 Mattituck, N. Y' ; that said Notices were mailed to each of said persons by (certified) (~tlt~l) mail. Sworn to before me this 15th day of June~ ,19 76 MARY LOU ;__~'~LLTAM WICKItAM ~OTARY pUBLIC, St~te ef Mew ~TO~ABY P~I~TATE OF N~W YORK Ne. 52-10~0858 ~sffe~k COUDt~ "~ ~ ~.b 30, ~ Edna M. Houston 6 ? 8 9 41 4 27.0A 6 .44 ~l.2A(c) 1.4. A~ c) 7,,,I '~,'~At,:) 9 PLA N L~WREIVCE p~ /~EEVE 250.24' FRED E. PIVKO SUSAN 'JOHNSON 41,496 SO. FT. N. 86e 18' O0°'E' 168.54 15; 168.54' VASKEN ARSLAIVlAiV 22, 757 SO. PT. 175. oo' IV. EX/STING 25 ' RI OF PROPOSED M/NOR MA TTITUCK TOWN OF SOUTHOLD iV. 8~o34° * 03' ,:7,6, 0~'$90. F'7' LOTt 198.0' N. 850,58, iOoow. $' 85"38' lO"ff. 85.00' o OP 14,/84 S0. FT. ' SUBDIVISION ALOIS MA TI L DA LANE LOT 3 826 SC). FT. 222. O0 ° FRANK J. MUiHY 198 i 37, 71~ $0. F'~ LOT 2 198.0' 396.05' 151.39' ,J. 8, C. PET.ERS $2, 284 SO. FT. 191.$~' 592.44' * -- $9Z 233.06' LOT 4 41, 826 SCl. 26R. 25' 4 90.25' $' 86e 34' 20" 250 PLA N N/0/ F PETER GROSEN 37, 772 SQ. FT. N. S4e 14' O0'E. 157. ~' lU.B4' FT. 194.00' N. 4~e PROPOSED 4. llleJ$, IO"E. N/O/F ~ % - PETER K/RCHsE$S/VER ~ N/O/F ~ . 22, XS7 SO. FT. 14,/84 SQ. F'T. 176.00' EX/STING 25 ' RIGH OF WAy Itl. 8~e ~lO.w' N/O/F OF PROPOSED MINOR MA TTI TUCK TOWN OF SOUTHOLD SCALE: 1% 50' FEB. 4, 1976 SUB D/V/SION APPLICANT, ARPOLONIA KIRCH6ESSNER CAMP MINEOLA ROAD MATTITUCK; N. Y. 198.02' 32, 756 SO. FT. ROADWAy 198.00' 55' WIDE 826 SO. FT. t22. O0 ' HA 8ERt¥1AN 79X 67 ' 151.~t' N/O/F & C. P~'TERS 28,500 SO. FT. 6NX. 66' · 65. 04' 41, 826 SQ. FT. 2~, ,~ 750. -'L-A'aD-SURVEYOR N.Y.S. LIC. NO. RIVERHEA D, N.Y.