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HomeMy WebLinkAbout2452 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~qG BOARD OF ~PPEAL$ Appeal No. 2452 Dated July 14, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Arthur W. Lee 246 West 8th Street Deer Park, New York 11729 DATE.~.~p~.~....~, 1978 Appellant at a meeting of the Zoning Board of Appeals on August 17, 19 7 8 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ~ Request for a variance to the Zoning Ordinance ( ) 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 8:45 P.M. (D.S.T.) Upon application of Arthur W. Lee 246 West 8th Street, Deer Park, New York, for a variance in accord- ance with the Zoning O-dinance, Article III, Section 100-35 for permission to erect an eight (8) foot fence around property. Loca- tion of property: Laurel Lane, Mattituck, New York, bounded on the north by J. Lee; east by C. Schimpe; south by Laurel Lake; west by J. Mulvihill. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and 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. SEE REVERSE FORM ZB4 BOARD OF APPEALS After investigation and inspection the Board finds that the applicant requests permission to erect an 8 foot fence on two sides of his property. The findings of the Board are they are in agreement with the reasoning of the applicant that the fence will help deter the pilerage and vandalism in his area and to his 3 houses. 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 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. Douglass, seconded by Mr. Tuthill, it was RESOLVED that Arthur W. Lee, 246 West 8th Street, Deer Park, New York, be GRANTED permission to erect an eight foot fence around property. Location of property: Laurel Lane, Mattituck, New York, bounded on the north by J. Lee; east by C. Schimpe; south by Laurel Lake; west by J. Mulvihill. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. Tow~ Clerk Town of Southold Legal Notice of Hearings -3- August 17, 1978 8:35 P.M. (D.S.T.) Upon application of Joseph Cherepowich, Gillette Drive, East Marion, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to extend garage with insufficient front yard setback. Location of property: Lot No. 21, Marion Manor, East Marion, New York. ~ 8:45 P.M. (D.S.T.) Upon application of Arthur W. Lee, 246 West 8th Street, Deer Park, New York, for a variance in accordance with %he Zoning Ordinance, Article III, Section 100-35 for per- mission~to erect an eight (8) foot fence around property. Location of property: Laurel Lane, Mattituck, New York, bounded on the north by J. Lee; east by C. Schimpe; south by Laurel Lake; west by J. Mulvihill. '~ 9:00 P.M. (D.S.T.) Upon application of Marion M. Roussin, General Delivery, Southold, New York, 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 and width. Location of property: Soundview Avenue, Southold, New York, bounded on the north by Halbauer; east by Private Road; south by Soundview Avenue; west by Young. Dated: August 7, 1978 PLEASE PUBLISH ONCE (1) BY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEA3~S AUGUST 10, 1978, AND FORWARD TEN (10) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK, PRIOR TO AUGUST 17, 1978. Copies mailed to the following on August 7, 1978: Gary F. Olsen, Esq. a/c Joan L. Tsontakis Gary F. Olsen, Esq. a/c Thomas A. & Rosa Fucile Gary F. Olsen, Esq. a/c Jacqueline Penney Donald & Virginia Leden Harold & Loretta Schwerdt Abigail A. Wickham, Esq. a/c John Baxter Joseph Cherepowich Arthur W. Lee Marion M. Roussin Avenue, Southold, New York, with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Schedule for permission with two rooms above the garage with insufficient side yard setback. Location of property: Oak and Cedar Avenues, Goose Bay Estates, Lots 192, 193, 194 and 19S, Southold, New York. 8:20 p.m. (D.S.T.) Upon application of John Baxter, 27 Wiltshire Drive, Worcester, Massachusetts (Abigail A. Wickham, Esq.), for a vari- ance to the Zoning Ordinance, Article II1, Section 100-30 and Bulk Schedule and for a the Town Law, Section 280A for approval of access. Lo- cation of property: Main Road, Cutchogue, New Yo;k, bound- ed on the north side by Sacred Heart Church; east by Sacred Heart Church, Sarnowski and Madzelan; south by Main Road; west by Presbyterian Church, Cornell, and Twin Ponds Construction, Inc. 8:35 p.m. (D.S.T.) Upon application of Joseph Chere- powich, Gillette Drive, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Schedule for permission to extend garage with insuffici- ent front yard setback. Lo- cation of property: Lot No. 21, Marion Manor, East Marion, New York. d plication of Arthur W. Lee, ~ West ~-~ir$~{~i Deer' 'ark, New York, for a variance in accordance with the Zoning Ordinahce, Article 111, Section 100.3S~fo~ permission to erect an eight (8) foot fence around property. Location ot property:' Laurel Lane, Mattituck, New York, bounded on the north by J. Lee; east by C. Schimpe; south by Laurel Lake; west by J. Mulvihill. 9:00 p.m. (D.S.T.) Upon application of Marion M. Roussin, General Delivery, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Ill. Section 100-30 and Bulk Schedule for permission to divide property with insuf- ficient area and width. Lo- cation of property: Soundview Avenue. Southold. New York, bounded on the north by 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 Sou:hold, New York, public hearings will be hold by the Zoning Board of Appeals at tho Town hull, Main Read, Southold, New York, on Thursday, August 17, 1978, on the following appeals: 7:30 P.M. (D.S.T.) Upon application of Joan L. Tson- takis, Breakwater Road, Maitituck, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-31 and Bulk Schedule for permission to divide property. Location of property: Break- water Road, Mattiinck, New York, bounded on the north by Sound Road Estates, Inc.; east by Roesch and Wilson; south by Carpenter; west by Johnson. 7:35 P.M. (D.S.T.) Upon application of Joan L. Tson- takls Breakwater Road, Mattiinck, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article HI, Sec- :ions 100-32 and 100-41 and Bulk Schedule to huYe a swimming pool in the front yard. Location of property: Breakwater Road, Mat:truck, New York, bounded on the north by Sound Road Estates, Inc.; east by Roesch and Wilson; south by Carpenter; west by Johnson. 7:45 P.M. (D.S.T.) Upon application of Thomas A. and Rosa Futile, 50 East ~gth Street, New York, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-31 and Bulk Schedule for permission to coustruct a dwelling with insufficient front yard set- back. Lecation of property: Bayberry Read and Bridge Lane, Nassau Point, Cut- ch0gue, New York, bounded on the north by Hillmer; east by Hillmer; south by Bridge Lane and west by Bayberry Read. 7:50 P.M. (D.S.T.) Upon application of JacqUeliae Penney, North Street, Cut- chngue, New York (Gary F. Olsen, Esq.) for a special exception to the Zoning Or- dinance, Article III, Section 100-30 C for p~rmlssion to erect an off-premises sign. Location. of property: North Street and Main Road, Cut- chogue, bounded on the north by Cutchogue Scheal Dist~i.ct; east by Albert H. OrlowsKi; south by Zina Chugin; west by North Street. 8:00 P.M. (D.S.T.I Upon application of Donald and Virginia Leden, 156 Sterling Avenue, Grecnport, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission t9 coustruct a house wlth insufficient front yard setback. Location of property: Madison Street, Greenport, New York, bounded on the north by Simyonoglu; east by Ozarowski; south by Maz- zaferro and others; west by Madison Street. 8:10 P.M. (D.S.T.) Upon application of Harold and Loretta Schwerdt, 2720 Cedar Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct a two car garage with two rooms above the garage with insufficient side yard setback. Location of property: Oak and Cedar Avenues, Goose Bay Estates, Lots 192, 193, 194 aud 195, Southold, New York. 8:20 P.M. (D.S.T.) Upon application of John Baxter, 27 Wiltshire Drive, Worcester, Massachusetts (Abigail A. Wickham, Esq.), for a variance to the Zoning Or- ,dinance, Article III, Section 100-30 and Bulk Schedule and for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Main Road, Cutchogue, New York, bounded on the north by Sacred Heart Church; east by Sacred Heart Church, Sar- nowski and Madzelan; south by Main Road; west by Presbyterian Church, Cornell, and Twin Ponds Construction, Inc. 8:35 P.M. (D.S.T.) Upon application of Joseph Cherepowich, Gillette Drive, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to extend garage with in- sufficient front yard setback. Location of property: Lot No. 21, Marion Manor, East Marion, New York. 8:45 P.M. (D.S.T.) Upon application of Arthur W. Lee, 246 West 8th Street, Deer Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 160-35 for per- mission to erect an eight (8) foot fence around property. Location of property: Laurel Lane, Mat:truck, New York bounded on the north by J.' Lee; east by C. Schimpe; south by Laurel Lake; west by J. MulvihilL 9:00 P.M. (D.S.T.) Upon application of Marion M. Roussin, General Delivery, Sou:hold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with in- sufficient area and width. Location of property: Sound- view Avenue, Sou:hold, New York, bounded on the north by Haibauer; east by Private Road; south by Soundview Avenue; west by Young. Dated: August 7, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA10-3040 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ........... ~ ....... :.., :~ ............. being duly Sworn, scrys that . .?:~ ..... 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 o~ · · --' · .~.-~. ~ .................. weeks successively ~ommeucing on the ~ '.~ day of . . .-:'?.~',: ~. ~. .... ~ ........ .......... Sworn to befor~ me this .. ~.,. .... aay of ..... ~,~.~f... 19.7~. Gomm~sion TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL F~te No ........................,~452 ............................... Date ........................Aug~st..t'/.r ......... , 19.7~. To ..... ~'.thUr...W.....~e ................................... ........... ~ ~..~...~..~.~....s..t.k..S.~..r.~e..~ .................... ............ P,.,~..~.~;~ ,._ .~.w...~..o..r...k.......z.~.? ~..~. .... PLEASE TAKE NOTICE thor your application dated .................... ~tl~'..]..~., ............ , ]9.]~... for permit to construct ~l~..~..~o~t...:~l~lC~....at the premises located ot ..I.~lL~e.1...~[~..~'., ........ ......... M~t titttck ,...He~...Yr,~k ......... ~ Map .................................... Block ............................. ; ............ Lot~ .......... :F ' ~,~'~" '~ ................ is "~:~';t ......... );'~'~:~ ............ ~ .......... ~.~.,......~...,,~.~...~./7~,..,,. ...... ..,z.,...,/........y~ ...... ........ i~.~./;,.,, ...................................................................................... ~, .................................................. Building Inspector George H. Fisher © O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 July 13, 1978 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2452, application of Arthur W. Lee for a variance. Also included are notification of adjoining property owners as follows: Mr. Clarence H. Schimpf, 17 Nirvana Ave., Great Neck, N.Y.; Mr. & Mrs. John Lee, 84-14 265 St., Floral Park, N.Y. JTT/bn cc:file Enc./ 0 0 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION Of BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ....... .~..~.7'../ff[...~. ~ ...... .~ .~. ,L 4...e.7'.~.. ............... :of......... ~'( ~ ' ' ' ' ' '~': '' ' ~' ' '~ ' :' Name of Appellant Street and Number ~....p,~ ~f, ' /~ /V/- ...iHEREBY ~ ~ ~ ................................. r.~.. ........................... ,-. .......... APPEAL TO Municipolity Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE B,,UlLDING INSPECTOR ON / Name of Applicant for permit of ........ ......... .... . ....... Street and Number Municipality " State ( PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) bF PROPEi~TY 1. LOCATION THE .., ~ .4..,:f.x..c....~., ,,.,. f~...,~.~.. ........................ .................. ........................ · Street~' Use District on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and F~ph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~'"'"A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE dui to lack of' access (State' of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec.,280A Subsection 3 ' 4. PREVIOUS' APPEAL A previods appeal ~,~(ha's 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 ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( ) ~ Variance to Section 280A Subsection 3 (/-~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ~.]~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because O1= 'T-/~-- J,,J/~ ~r~ e'- o~ ~l/~l~'~ A~/ D 2. The hardship created is UNIQUE and is not shared 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 STATE OF NEW YORK ) ) COUNTY OF ~,~o~,zWoutc~--) SS Sworn to this ............... L.C..7.. ..................... day of ........... ..~?..~.~. .............................. 191~' NOTARY PUBLt~, ~ ~ e , No, 52-4647728 - Suff&k County Commission Expires March 30, 19'7~ POLICE DEPARTMENT, TOWN OF SOUTHOLD PECONIC, NEW YORK, 11958 August 16, 1978 Board of Appeals Town of Southold Main Road Southold, New York 11971 Gentlemen: At your request we have checked our files with reference to vandalism in the Laurel Lake area. On January 31,]~78, three homes on a Private Road, Laurel Lake, Laurel which were under construction by Arthur Lee, builder, were burglarized. The case was cleared by arrest and all property returned to the owners, Arthur Lee, John Lee and Robert Slagon. In 1977 there were two burglaries in this area. A further check of our files for 1977 and 1978 fails to reveal any other criminal activity. Very truly yours~ H.D. WINTERS, LIEbTENANT EXECbTI!rE OFFICER HDW:jk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold NOTICE TO: YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Soothold to request a (Variance) (Special Exception) (Special Permit) (the following relief: ' I~ FL,) ~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: -r/, e- £09 C 4/t ~.L ~o~ ~-~, c~o~ ~- t/z: ~ 3. ThaLthe~E~rpperty which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the fol!owing relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: A't T- , ~T/' /0o -24~ ' 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: (T~)~' ? ~:(. /~)~'. Petitioner Post Office Address PROOF OF MAILING OF NOTICE NAME ADDRESS MAILING O F-FIC I .......... H 0 REGISTERED NO. ){~) POSTMARK OF w,u. s Handling $ Restricted . I I~1 POSTMASTER(By) ~. ~ / COUNTY OF SUFFOLK ) SS.: · ~¢¢ L~. L~e~ , residing at ~,~ [j.~ ~L t~/ (?~V.- 1~'4. , being duly sworn, deposes and says that on the t'~ day of -'~ ~--~ ,19 ~ ~ , 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- fice at ~q/LA/d~ruc[/-- ; that said Notices were mailed to each of said persons by ffeeeJi~ (registered) mail. Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-b~ck dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE Of NEW.~J~.. ~,,~'~ COUNTY 0~~. ....... .................................................................. 7 ........... ; ............... L. b~eing duly sworn, deposes and says that he is the oppliconl ,,o;? 4 9 64.6A 6 ? 1~.2A 8 27.2A (¢) \ \ \ \ \ \ \ J Revisions J KEY ~AP I? I(Dco _%° Real Prop