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HomeMy WebLinkAbout2394 TOVVN OF SOUTHOLD, NEW yORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2394 Dated February 3, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Stanley & Barbara Rakowicz (Gary Olsen, Esq.) Main Road Cutohogue, NY 11935 OATE.~...~, 1978 Appellant at a meeting of the Zoning Board of Appeals on March 2, 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 Of ) Request for a variance to the Zoning Ordinance ( ) 19 7 8 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 cordirmed because 9:05 P.M. (E.S.T.) upon application of Stanley and Barbara Rakowicz, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct addition with insufficient side yard setback. Location of property: North side Main Road, Cutchogue, New York, bounded on the north by Sacred Heart Church; east by Sacred Heart Church; south by Main Road; west by H. Sarnowski. 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 SEE REVERSE or unnecessary (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 and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ) be denied and APPROVED ZONING BOARD OF APPE~ After investigation and inspection, the Board finds that the applicants request permission to construct addition with insuffi- cient side yard setback, north side Main Road, Cutchogue, 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 idifficulties 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. THEREFOR~ IT WAS RESOLVED, Stanley and Barbara Rakowicz, Main Road, Cutchogue, New York be GRANTED permission to construct addition with insufficient side yard setback, north side Main Road, Cutchogue, New York, as applied for, subject to the condition that the applicants make every effort to avoid backing out onto the Main Road. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. RECEIVED AND FILED BY DATE ~Z~ HOUR /~.'~ ~. _ To~n ~lezk, Town of Soufho/d © 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, S0uthold, New York, on Thursday, March 2, 1978, on the following appeals: 7:30 P.M. (E.S.T.) upon application of Melania M. Leiblein, 2980 North Road, Greenport, New York for a variance in accordance with'the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: South side Route 25, Greenport New York, bounded on the north by Route 25; east by Gull Pond Lane; south by E. A. Schoetzan, Lot 5 of Fordham Acres; west by A. Mazzaferro, Lot 3 of Fordham Acres. 7:45 P.M. (E.S.T.) upon application of Norman A. Reilly, Cedar Drive, Mattitu~k, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule and the Town Law, Section 280A for permission to set off lot and approval of access. Location of property: Private Road, Mattituck, New York, bounded on the north by Joseph Carlton, N. A. Reilly, Jr., and A. Reilly & Sons, Inc.; east by B. Caffery; south by Private Road; west by Theda Shula, Harold Smith. 7:55 P.M. (E.S.T.) upon application of Timberland Associates, Inc., North Bayview Road, Southold, New York, for' a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Cedar Drive, Mattituck, New York; Lots 30, 31 of Mattituck Development Co., Inc.; Filed Map ~776. 8:05 P.M. (E.S.T.) upon application of Stanley and Barbara Rakowicz, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 Legal Notice -2- Hearings: March 2, 1978 and Bulk Schedule for permission to construct addition with insufficient side yard setback. Location of property: North side Main Road, Cutchogue, New York, bounded on the north by Sacred Heart Church; east by Sacred Heart Church,- south by Main Road; west by H. Sarnowski. ~ Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 15, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, FEBRUARY 23, 1978, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on February 15, 1978: Melania M. Leiblein Norman A. Reilly Timberland Associates, Inc. Gary Olsen, Esq. a/c S. Rakowicz. LEGAL NOTICE Notice of Hearings Pursuant th Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of · the Town of Southold, Ne~ York, public hearings, will be held by the Zoning Board of Appeals at the Town Ha~l, Main Road, So~f~old, New York, .na Thursday, M~rch 2, 1978, oa the following appeals: 7:30 P.M. (E.S.T.) upon ap- plication of Melania M. Lieblein, 29~0 North Road, Grcenport, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 31 and Bulk Schedule for per- mission to set~ off lot with in- sufficient width and area. Locatioa of praperty: South side Route 25, Gree~pert, New York, bounded on the north by Route 25; east by GUll Pond Lane; south hy E. A, Scbaetzan, Lot 5 of Fordham Acres; west by A. Ma~z~ft~rro, LOt 3 of .Fordham Aci'ea. ~. 7:45 P.M. (E.S.T.) upon ap- plicatioa ~g N~man A. Reilly, Cedar Dt't~e,'~Mattituck, New York, for ~a ~ariance in ac- cordance with the Zoning Or- distance, Art. icl~ III, Seetim l~- Ton Law, Section 28~A for pe~ to est off lot and approval of access. Location of I property; Private Road, Mat- tituck, New York, bounded on the north by Joseph Carlton, N. A. Reilly, Jr., and A. Reilly & Sons, Inc.; oast by B. Caffery; south by Private Read; west by Theda Shula, Harold Smith. 7:55 P.M. (E.S.T.) upon ap- plioatiou of Timberland Asseciat~s, Inc., N:r~ Bayview Road, Sout~ld, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Cedar Drive, Mat- tituck, New York; Lots 30, 31 of Mattituck Development Co., Inc.; Fried Map No. 776. 8:0~ P.M. (E.S.T.) upon ap- plicatiou of Stanley and Barbara Hakowicz, Main Read, Cut- ehngue, New York for a variance . in accordance with the Zoning !Ordinance, Article IH, Section 100-31 and Bulk Schedule for permission th construct addition with insufficient side yard set- back. Location of property: North side Main Road, Cut- chngue, New York, bounded on the north by Sacred Heart Church; east by Sacred Heart Church; south by Main Road; west by H. Sarnowski. Any person desir~g to be bear~ on the above appeals should appear at the time and place above specified. Dated: February 15, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF ' APPEALS ITF23-2919 COUNTY OF SUFFOLI4., 1 STATE OF NEW YORK. ~ ss: TROY GU,~TAV~ON being duly Sworn, scrys that .. ~ .. · is Printer and Publisher of ghe SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in said county; and f,hat the notice, of which the annexed is a printed copy. has been published in the s~id Suffolk Weekly Times once in each week, far ...... O..N~., .................. weeks successively commencing on the . .T~TE.N[I]Y..-T~:[~[.~.D ........ day of .~...F~.~ .B.~.j.~A,~Y~....~.. Sworn to be[ore m this!. . .... ,ay o, .. ........ ?. .......... ..... ..... 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 So~thold, 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, March 2, 1978; on the following appeals: 7:30 P.M. (E.S.T.) upon application of Melanin M. Leiblein, 2980 North Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: South side Route 25, Green- port, New York, bounded on the north by Route 25; east by Gull Pond Lane; south by E.A. Schoetzan, Lot 5 of Fordham Acres; west by A. Mazzaferro, Lot 3 of Fordham Acres. 7:45 P.M. (E.S.T.) upon application of Norman A. Reil- ly, Cedar Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule and the Town Law, Section 280A for permission to set off lot and approval of access. Location of property: Private Road, Matti- tuck, New York, bounded on the north by Joseph Carlton, N.A. Reilly, Jr., and A. Reilly & Sons, Inc.; east by B. Caffery; south by Private Road; west by Theda Shula, Harold Smith. 7:55 P.M. (E.S.T.) upon application of Timberland As- sociates, lnc., North Bayvlew Road, Southold, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Loca- tion of property: Cedar Drive, Mattituck, New York; Lots 30, 31 of Mattituck Development Co., Inc.; Filed Map #776. ~ (E.S.T.) upon app~ation of Stanley and Barbara Rakowicz, Main Road, Cutchogue, New YOrk for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Schedule for permission to construct addition with in- sufficient side yard setback. Location o~ property: North side Main Road, Cutchogue, New York. bounded on the north by Sa~red Heart Church: east by Sacred Heart Church south by Main Road; west by H. Sarnowski. Any persons desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 15, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-2/23(363) COUNTY OF SUFFOLK ss: STATE OF NEW' YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHM~N, a public newspaper printed at suuthold, in Suffolk County; and that the notice of which the annex~l is a printed copy, has been published in said Long Island 1'raveler-Watch- man once each week for ............ /' .......................... weeks success ve!y, commenc n9 o~ the ..... :~.~.. ..... .- ........................ day of ..... ~2 ........ .~ ............... , 19..L ..... .......... ......... Swgm to before me this ..... Notary Publlc ULEJViENT J. THO~P$O~ J~OTARY PUBLIO, State 0t Ne~ YO~ Residing in Suffolk County No, 52-9321725 ~miss~n ~p~r~ ~ch ~. C O TOWN OF SOUTHOLD, NEW YORK ,APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APP.EALS, TOWN OF SOUTHOLD, N. Y. 1, (We)Stanley..&.l~ar~ar~.~ako.wicz ......... ofMain.~ad..(n~.number.),..-..~ ~ Name of Appello.nt Street and Number .............. ~.t.~..h.~,1~, ......................................................... N~'.w..~oz'~ .......... HEREBY APPEAL TO Municipality State /.~ ,.~_. ~~ N~OR ON THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDI I - .EC..._T_. ..................................... ........... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) S~a~le~.&.B.arbar. a..Rakawic-- ....................... Name of Applicant for permit of l~a. m~ber.).~ai~.Road, ......... C. utcho~ue, ............ ~Iew..Y~.k..... 1.193.5 Street and Number Municipality State ) PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE . AgTJ ,Iku~cul 1 LOCATION OF THE PROPERTY Street Mop No. Lot No. Use District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Ill Section 100-31 and Bulk Schedule 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has 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 ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~orm ZB1 (Continue on other side) REASON FOR APPEAL C Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecesJ sary HARDSHIP because applicants seek permission to construct a one car, attached garage to the easterly side of their house, said garage to be 16 feet wide. Due to the fact that there is only approximately 17.5 feet on the easterly side of the house, a side yaf,~ Variance is necessary. The garage would be constructed ~ppro~'imately 1.5 feet from the applicant's e~terly boundary line. The applicants presently have a driveq~ay which would lead right into the proposed garage where the applicants present.ly park their car. The granting of the Variance would be an asset to the community I ,~ that the car wauld be enclosed in a garage rather than out in the open and the garage woul give the applicants additional storage space. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate v[qinit~, o.f this .vrQI3e,.rtv anti in th. is u~e di.stl;ir.t be~;ause I:lle ap[~ltl~rll:t~ house a hack porch and chimney on the east side of the applicants' house which hampers the size necessary to accomodate a car to where one can get in and out properly. Accordingly, a Variance is necessary to construct a one car garage. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property to the east is owned hy the ~cred Heart Church and is utilized by a driveway directly contiguous to applicants' property. The applicants presently have a driveway which would run into the proposed garage area and the granting of the Variance would simply permit the applicants to keep their car enclosed instead of out in the open, whiC*h would be an asset to the neighborhood. STATE OF NEW YORK ) ~ ~.. ) ss ............ :~£Z~~ ....................................... COUNTY COUNTY or ) Gary Fianner 01~,,~°t~q., attorney for Sworn to this (~ (~ day ......... 1978 Notary Public FOI~M NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL b',q .~.9 ....... File No ....... fl... .......... ~ ......................................... Date ........................ ~......(../'! .............. , 19 7J;y ............................................ ...... PLEASE TAKE NOTICE that your application dated ....................................... ?...~.......~,., 19...7.....~ for permit to construct ........................................ at the premises located at .................................... ...................................................................... Street Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ........ ~.a'..i..~.......~ .................... Building Inspector Town of Southold Board of Appeals Suffolk Count7 Department of PlannfnS H. Lee Dennison Fxecutlve Office Building Veterans l{emorial Hi~hway Hauppauge~ New York 117~7 (516) 979-2918 February 27, 1978 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Chertez, the followtn~ applications which have been referred to the Suffolk County Plann!n~ Coum~sston are considered tO be a matter for local determination. A decision of local determination shou/d not be construed as e~ther an approval or a disapproval. Applicant Stanley & Barbara Rakowicz Melania M. Lieblein Hunicipal, File 71umber 2394 2395 Very truly yours, Lee E. Koppelman D/rector of Plannin~ GGN:jk Gerald G. ~la~man Chief Planner © O Town Of Southold TOWN CLERK 765-3783 Building Dept. 1 Planning Bd. 765-2660 Board of Appeals TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Munidpal Law, Cha~er 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ' 'RO~.Z~l"of'"/~,~pg'&l.S .......... of the town of Southold, N. Y. hereby refers the follow~ng [agency mvorveaI proposed zon[n~j action to the Suffolk County Planning Commission: (check one) .. New and recodified zoning ordinance Stanley & Barbara Rakowicz ......... Amendment to the zoning ordbance l~ln Road Cutchogue, ~ 1..1.935 ........... Zoning changes ......... Special permits Varbnces bcation of affected land: ...... ~'~'~...~il,~...l~[~-~r~..~,q~...~.t~Cg!~gJg~.~...~ ............................. within 500 feet of: (check one or more) ............ Town or village boundary line · .Z. ....... State or county road, parkway or expressway ........... State or county ,park or recreation area ......... Strea.m, or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which e public building is situated Comments: The applicants wish to construct a one-car garage with insufficient setback. Date: Feb... 2.2 .,...1978 ............ (sig,~) Robert W. Gillispie, Jr-. Chairman Tide Date received by Suffolk County Planning Commission ................................................................ File No .......................... tK JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 February 3, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2394, application of STanley & Barbara ~ for a variance. Also included is notification to adjoining property owners as follows: R.C. Church of Sacred Heart, Main Road, Cutchogue, N.Y.; Mr. & Mrs. Henry Sarnowski, Main Road, Cutchogue, N.Y. Terr ~ Town Clerk ~ JTT/bn cc:file Gary FLANNEr OLSEN COUNSELLOR AT LAW P. O. BOX 38 · MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 1195:~ · PHONE 5J6 298-4844 January 24, 1978 Re: Rakowicz - Variance File # 2275 Dear Mary: Enclosed herewith please find a Variance Application in re the above captioned matter along with the filing fee of $15.00. Please advise as to the calendar date and time. Best regards. GFO/clr Encs. Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 © O BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : : Stanley and Barbara Rakowicz : to the Board of Appeals of the Town of Southold : TO: R.C. Church of Sacred Heart Mr. and Mrs. Henry Sarnowski NOTICE 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) ]~l~I~lq~[~-r~]~e~~he following relief: for permission to con~truct a single car garage aooro~ci~tely 1.5 feet from easterl,y boundar,y. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North and ~ast by 1:?. CL Chut.ch of Sact.ed T-Teat-t: South by ~T~n 1~o~cl_- West by Sarnowskl. 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural/Residential 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 sought by the under- signed are: Article III Section 100-31 and Bulk Schedule, 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 leastJ~ ~ays prior to the date of such hearing in the Suffolk Times and in tee Long Island Traveler-Mattituck I~t :hml~n, newspapers published in the Town of Southold and designated for the publication of such notices; t~fat ~o~r your representative have the right to appear and be heard at such hearing. // / / Dated: January 24. 1978. . _ .,~'/./~ Petitioner"'~ry Flanner Ols~en, Esq. Post Office Address P.O. ]~ox 38. Main ~oad ~V[attituck. New ~,"'ot.k 11952 O O PROOF OF MAILING OF NOTICE NAME IR. C. Church of Sacred Heart Mr. and Mrs. Henry Sarnowski ADDRESS Main Road, Cutchogue, New York 11935 Main Road Cutchogue, New York 11935 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Cherie Lynn l~ussell , residing at , being duly sworn, deposes and says that on the' ~ day of 'r . ~. __ :1~'~-, ~-~.~ ,1978 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to eaLqlt 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 Mattituck. New York ; that said Notices were mailed to each of said persons by (certified) Sworn to before ~s~ day o~ ~~,~ ~ ~,,,,,,,,,,~ ~ No~y Public GARY FLANNt?R OLS~N Notary Public, Slc~te of New York No. 52-295c]600 Qualified in Suffolk County Term Expires March 30, t9~lilt / 21 16 12.51(¢1 27.0A.(c) 9°2 SEE SEC NO ~09 z ,°U" 2 .gA(c) $.7A(c) ~ IZ 1.5A{C) (~) COUNTY OF SUFFOLK Real Property Tax Service Ager % SURVEY FOR STANLEY 6 BARBARA CUTCHOGUE TOWN OF SOUTHOLD SUFF CO.,N Y SCALE! I"= 40' OCT 24. ~966 NOV I, z966 RAKOWICZ GUARANTLED TO= SOUTHOLD HOME TITLE DIYI~ION OF' CHICAGO TITLE iNSURANCE lAND ~RVE~,