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HomeMy WebLinkAbout2474 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZON~qG BOARD OF APPEALS AppealNo. 2474 Dated September 8, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Sandra Rave Mary Tloczkowski ~2 Edison ane L ayvll±e, New York (Gary F. Olsen, Esq.) at a meeting of the Zoning Board of Appeals on September 28, 1978 was considered and the action indicated beinw was taken on your ( ) Request for variance due to lack of access to proper~y ( ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance (X) Special Exception Appellant the appeal 1. SPECIAL EXCEPTION. By resolution of the Bo~d ~ was determined that a special exception ( ) be ~anfed ( ) ~ deuled pursuant to Article .................... Sect~n .................... Subseet~n .................... p~agraph .................... of the Zoning Ordinance and the decis~n of the Building I~pector ( ) be reversed ( ) be conf~medbeeau~ 8:30 P.M. (D.S.T.) Upon application of Sandra Rave and Mary Tloczkowski, 22 Edison Lane, Bayville, New York, (Gary F. Olsen, Esq.) for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (6) for permission to operate a tennis and racket ball club with swimming pool. Location of property: North Road, Peconic, New York, bounded on the north by Middle Road; east by Haas; south by Long Island Railroad; west by Case. 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 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 distrlct 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 NING BOARD OF APPEALS ) be denied and After investigation and inspection the Board finds that the applicant requests permission to operate a tennis and racket ball club with a swimming pool. The Board agrees with the reasoning of the applicant that there is a need for this type of facility in the Town of Southold. 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. Gillispie, seconded by Mr. Douglass, it was RESOLVED that Sandra Rave and Mary Tloczkowski, 22 Edison Lane, Bayville, New York, be GRANTED permission to operate and tennis and racket ball club with swimming pool. Location of property: North Road, Peconic, New York, bounded on the north by Middle Road; east by Haas; south by Long Island Railroad; west by Douglass Case, upon the following conditions: (1) Ail of the restrictions in the Zoning Ordinance. (2) Site Plan Approval by the Planning Board. (3) Suffolk County Planning Commission approval. Vote of the Board: Ayes: Messrs: and Douglass. Gillispie, Grigonis, Tuthill RECEIVED AND FILED BY Tt'~ SOUI~1OLD TO'~FN CI.~.~ TOWN Or SOUT'n~LD Building Inspector's Office Town Clerk Building Southold, N.Y. 765-2660 September 27, 1978 This parcel of land is zoned "A" residential. Legal Notice of Hearings -2- September 28, 1978 8:15 P.M. Road, (Hyatt Road), Southold, New York, (Robert C. Wertz, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32, for permission to construct a garage in the front yard area. Location of property: Private Road (Hyatt Road) Southold, New York, bounded on the north by Long Island Sound; east by A. Gina; south by right-of-way; west by R. A. Brown and P. R. Bie. ~ 8:30 P.M. (D.S.T.) Upon application of Sandra Rave and Mary (D.S.T.) Upon application of Rein Narma, 1000 Private Ttoczkowski, 22 Edison Lane, Bayville, New York, (Gary F. Olsen, Esq.) for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (6) for permission to operate a tennis and racket ball club with swimming pool. Location of property: North Road, Peconic, New York, bounded on the north by Middle Road; east by Haas; south by Long Island Railroad; west by Case. Dated: September 18, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS pLEASE PUBLISH ONCE (1) SEPTEMBER 21, 1978, and FOR?~ARD SIX (6) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK, PRIOR TO SEPTEMBER 28, 1978. Co~ies mailed to the following on September 18, 1978: Edward and Helen Jaskowiak Anthony P. DeRiggi, Esq. a/c Daniel and Laura Shybunko Charles A. Brautigam Peter Stoutenburgh a/c Mr. Robert Wacker Robert C. Wertz a/c Rein Narma Gary Fo Olsen, Esq. a/c Sandra Rave and Mary Tlockowski 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, New York, on Thursday, Sep- tember 28, 1978, on the following appeals: 7:30 P.M. (D.S.T.) Upon application of Edward and Helen Jaskowiak, RFD, Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article.~II, Section 100-31 and bulk Schedule for permission~ to divide property with in- sufficient area and width. Location of property: Lot No. 4, Map No. 5023, Sunset Knolls, Mattituck, New York. 7:40 P.M. (D.S.T.) Upon application of Daniel and Laura Shybunko, 5 Hilltop Court, Head of the Harbor, St. James, New York, (Anthony P. DeRiggi, Esq.), for a variance in accordance with the Zoning Ordinance, Article III, Sections 100-31,100-33, 100- 34 and 104)-36, for permission to reduce front and side yard setbacks. Location of property: Map No. 5126, Nannakoma Waters, Lot No. 5,Southold, New York. 7:50 P.M. (D.S.T.) Upon application of Charles A. Brautigam, 46 Benson Road, Glen Rock, New Jersey, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct an ac- cnssory building in the front yard area. Location of property: West Road, Cut- chogue, New York, bounded on the north by West Read; east by Gnstove Buckert; south by Bay; west by George H. Fleet Estate. 8:00 P.M. (D.S.T.) Upon application of Robert Wacker, Nassau Point Road, Cut- chogue, New York, (Peter Stoutenburgh as agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to add 10 feet to present garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutchogue, New York. 8:15 P.M. (D.S.T.) Upon application of Rein Narma, 1000 Private Road, (Hyatt Road), Soutbeld, New York, (Robert C. Wertz, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 10~32, for per- mission to construct a garage in the front yard area. Location of property: Private Road (Hyatt Road) Soutbeld, New York, bounded on the north by Long Island Sound; :east by A. Gina; south by right-of-way; west by R. A. Brown and P. R. Bie. 8:30 P.M. (D.S.T.) Upon application of Sandra Rave and Mary Tloczkowski, 22 Edison Lane, Bayville, New York, (Gary F. Olsen, Esq.) for a special exception in accordance~with the Zoning Ordinance, iArticle III, Section 100-30 B (6) for permission to ~rate. a tennis and racketI I~1i/~lub with swimming pool. I L6eatio~ O~property: North Read,' '~,~ic, New York, boun~the north by Mid,~d~. ;~.~..; east by Haas; s0ufli!~b'y Long Island Railroad; west by Case. Dated: September 18, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TS21-3062 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ...... ~.x,o.y../~u~ta.v. 8o~ .............. i~ing d says that ........ he is Printer and Publisher of the WEEKLY TIMES, a newsl~per published at Greenp county: and that the notice, of which the annexed i copy, h~s been published in the s~id Suffolk We, once in each week, far . . o.b.e.. (.1.) .............. successively commencing on the d.v ,~ Septembel~ ~ 8 ......... Sworn to before me this [...c~...~..., 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, September 28, 1978, on the following appeals. 7:30 P.M. (D.S.T.) Upon application of Edward ~nd Helen Jaskowiak, RFD, Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-31 and Bulk Schedule for permission to divide property with insuf- ficient area and width. Lo- cation of property: Lot No. 4, Map No. 5023, Sunset Knolls, Mattituck, New York. 7:40 P.M. (D.S.T.) Upon application of Daniel and Laura Shybunko, 5 Hilltop Court, Head of the Harbor, St. James, New York, (Anthony P. DeRiggi, Esq.), for a variance in accordance with the Zoning Ordinance, Article III, Sec- tions 100-31, 100-33, 100-34 and 100-36, for permission to reduce front and side yard setbacks. Location of property: Map No. 5126, Nunnakoma Waters, Lot No. 5, Southold, New York. 6:50 P.M. (D.S.T.) Upon application of Charles A. Brau- tigam, 46 Benson Road, Glen Rock, New Jersey, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-32 for permis- sion to construct an accessory building in the front yard are~. Locadon of property: West Road, Cutchogue, ~q~w York, bounded on the north by West Road; east by Gustave Buc- kert; south by Bay; west by George H~ Fleet Estate. 8:00 P.M. (D.S.T.) Upon application of Robert Wacker, Nassau Point Road, Cut- chogue, New York, (Peter Stoutenburgh as agent), for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-32 for permis- sion to add 10 feet to present garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutchogue, New York. 8:15 P.M. (D.S.T.) Upon application of Rein Narma, 1000 Private Road, (Hyatt Road), Southold, New York, (Robert C. Wertz, Esq.) for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-32, for permis- sion to construct a garage in the front yard area. Location of property: Private Road (Hyatt Road) Southold, New York, bounded on the north by Long Island Sound; east by A. Gina; south by right-of-way; west by R.A. Brown and P.R. Bie. 8:30 P.M. (D.S.T.) Upola application of Sandra Rave and Mary Tloczkowski. 22 EdiSon Lane, Bayvil!e, New Yorl~ (Gary F. Olsen, Esq.) for special exception in accorc ance with the Zoning Ordin-, ance, Article 111, Section 100- 30 B (6) for permission to operate a tennis and racket ball dub with swimming pool. Location of property: North Road, Peconic, New York, bounded on the north by Middle Road; east by Haas; south by Long Island Railroad west by Case. Dated: September 18, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT - 9/21 (629) COUNTY OF SUFFOLK STATE OF NEX,'V YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, nas been published in said Long Island Traveler-Watch- man once each week for ......... / ............................. weeks successively, cofnmencing on the ...... 7;.:..~, ...................... FOR~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date '-~el~-f '7 -7~ PLEASE TAKE NOTICE that your application dated ~E~ 7 lO g~ for permit to construct ~¢.~.~.~ ....... ~...at the premises located at .................................... ........ .~.~.~....~.~.~. ......~] .................. Street ~h, '~ Map .................................... Bilk ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ........... ~ ....... .~.~.~.~.(.~...~ ............. .c.s..~.~z~.z.(.g.~. ....... .~ ...... ~.~ ........ ~gb~.~ .......... .~ ....... ~.c.~.~..~ ....... ~...~. .... .~.~g..~.~..~.~ ...................... ~.~.z...Z.(.?..~ ...... ~.?.z..~..e ........ ~...~.~ ................................ Building Inspector TOWN OF "BOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. Tloczkowski z, (we) S.a..rl~ r.g..l~..,... ]~.a_.v_e....~.n..d... ~ar~...~,. L .......o~ ...... 22..Edison..Lane,...' ........................ Name Street and Number .............................. ..B....a..~....i.!!..e. ....................................................................... ~.~..w......Y..o.r..k.. ................ !.!.YQ? .................... / l Murllcipality State ~//.,~'~" q /71/~ hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION 100-30 SUBSECTION (B) (6) THE SPECIAL EXCEPTION IS REQUESTED BECAUSE Applicants are under Contract to pur- chase the subject premises from Arnold Gardner and Joseph L. Townsend Jr., subject to obtaining the necessary approvals to operate and maintsin a tennis and racket ball club on the subject premises. Submitted with this Application is the proposed layout showing the location of the buildingsI tennis courts, racket ball courts, handball courts, swimming pool and other proposed facilities. It is proposed to operate the facilities as a not-for-profit corporation. It is felt by the applicants that there is a need in the community for the facilities and that the subject premises is ideally suited for same, since the property is not partic- ularly desirable for residential use due to its proximity to the Long Island Rail- road and the Middle Road. .J:.::'.. / STATE OF NEW YORK ) COUNTY OF SUFFOLK /SiCnature Gary lWlanner ~lsen, Attorney for Sandra P. Rave S orn,o, ,, ......... ........ ELIZABETH ANN N~V[Lt~ NOTARY PUBLIC, State of New York No. 52-8125850, Suffolk County Term Expires March 30, i§..~.~} FORM ZB2 January 23, 1979 Gary F. Olsen, Esq. b~in ~oad Mattituck, ~{ew York 11952 Appeal No. 2474 Rave and Tloczkowski Dear Gary= With respect to the above captioned matter, enclosed please find a copy of the letter from the Suffolk County Planning Commission dated October 4, 1978. Very truly yours, Enclosure Babette C. Conroy Secretary GaRY FLANNer OlSeN COUNSELLOR AT LAW P. O. BOX 38 · MAIN ROAD ' MATTITUCK, LONG ISLAND, NEW YORK 11952 ' RHONE 516 ~9S-4844 January 22, 1979 Re: Gardner & Townsend to Rave & Tloczkowski File # 2430 Appeal No. 2474 Gentlemen; I note that in the Decision dated October 11, 1978, your approval is subject to the Suffolk County Planning Commission's approval. I was advised that your office was sending a copy of the map to the Cotmty Planning Commission. Please advise if it has been approved, and if so, I would like a copy of the Decision. Very truly yours, / GAR~g FLANNEl{ GFO/clr Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 cc: Frederick Tedeschio. Esq. COMMISSION 5~th A. Hubbard Chairman Lee E. Koppelma~ Director o! P~nn~9 Suffolk County Department of Planning Veterans Mernor~l Highway JOHN V.N. KLEIN, County ~xecugh,~ Hauppau~e. L. I., N. Y. 979-2918 11768 Town of Southold Board of Appeals October 4~ 1978 Pursuant to the requirements of Sections 1323 Co 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be c~strued as either an approval or a disapproval. Applicant , Municipal File Number Charles Brautigan Rein Narma Robert Wacker Sandra P. Rave, Et. Al. 2471 2472 2473 2474 GGN:Jk Very truly yourS, Lee E. Koppelman Director of Planning CH;£F PLANNER TOWN CLERK 765-3783 Building Dept. Planning Bal. 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~'d · O,~..Ap]j~i~ls ............. of the town of... SOD,~/%Old ................. (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 ....... X ...... ~ Special Exeeption Ms. Sandra ~ave M~. Mary Tloczkowski 22 F~ison Lane Bayville, New York Appeal No. 2474 Location of affected land: ...Nor. th..H~ad,..P, ec~n_to.,...N~w...Yor, k ................................................... 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 ................ 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: App~ic~t was granted permission to pper&te and maintain a tennis and racket ball club containing tennis courts, racket b&11 courts, handball courts, sw~mm4ng pool, and snack bar. This will be a non-profit corporation. (signed) ~/e Date received by Suffolk County Planning Commission .................................................................................... File No ................................. GARY FIANNER OLSEn COUNSELLOR AT LAW P, O. BOX 38 · September 29, 1978 Re: Gardner & Townsend to Rave & Tloczkowski File # 2430 Dear Mrs. Conroy: Enclosed please find a survey prepared by Roderick Van Tuyl dated March 25, 1976, which you requested. You indicated that you would send same to the Suffolk County Planning Commission for its approval of the Special Exception. Very truly yours, GFO/clr Enc. '~ GARY q~LA NNER OLSEN Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Att: Mrs. Conroy JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 to adjoining property owners as Peconic, N.Y.; LIRR, %MTA, 1700 Box 1115, Peconic, New York. Southold, L.l.,N.~ 11971 September 8, 1978 To: Southold Town Zoning Board of A~peals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Aopeal No. 2474, aoolication of Sandra P. Rave & Mary P. Tloczkowski for a special exception. Also included are notification follows: Douglass and Carol J. Case, North Road, Broadway, New York, New York; Helmut Hass, JTT/bn cc:file Enc./ O BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : Sandra P. Rave and Mary P. Tloczkowski: to the Board of Appeals of the Town of $outhold : TO:Douglass and Carol J. Case LIRR % MTA Helmut Hass 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~V::!~-ca) (Special Exception) :]~'K_i~~the following relief: To operate a tennis ~ncl ~nnlc~t b~11 nlnh with Rwimmln~ pon1 ~LI;~~~-~ ..... 4.~J~ ). 2. That the property which is the subject of the Petition is I~ated adjacent to your property and is des- cribed ~ follows: Bounded on the ~or~h by ~tddle Road; East by Haas; South by 3. That the property which is the subject of such Petition is located in the following zoning district: __Agllicllltural / Residential 4. That by such Petition, the undersigned will request the following relief: To utilize Dremises for tennis and racket ball club with swimming pool and other recreational facilitie~ ~..2,L~x 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III Section I00-30 (B) (~) 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 hel~Lo~ the matter by the Board of Appeals; that a notice of such hearing must be published at least five d,a~ prior,to the date of such hearing in the Suffolk Times and in tee Long Island Traveler-Mattituck Watch.oran, newsl~apers published in the Town of Southold and designated for the publication of such notices; that yjgu or ~our ~epresentative have the right to appear and be heard at such hearing. Sandra P. Dated: September 5, 1978 . BMya:ry P' T s Pe't~oner Gary~an~er Olsen, Esq. Post Office Address P,O, Box 38, Main Road Mattituck, New York 11952 PROOF OF MAILING OF NOTICE NAME Douglass and Carol J. Case LIRR Helmut Hass ADDRESS North Road Peconic, New York 11958 % MTA 1700 Broadway New York, New York Box 1115 Peconic. New York 11958 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: (~berie Lynn Russell , residing at MRt[itue. k I~ew York , being duly sworn, deposes and says that on the ~thday of September ,19 7 8 , 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 ; that said Notices were mailed to each of said persons by (certified) (~mll~~ Sworn to before m~ ~t~ ~ day of ~~ '""-' /'.f/l- 7. - ~ No~ Pubhc ~ / pu~6~1 ¥ APPROVED BY ., / S r MAiN ROAD SC, L~T~-IC, I.D:. N,Y. 11971