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HomeMy WebLinkAbout2404 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZOAr~NG BOARD OF APPEALS Appeal No. 2404 Dated March 29, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. and Mrs. David Ricereto Oregon Road Cutchogue, New York 11935 DATE ./~a.y......~.r .. 1978 AppeUant at a meeting of the Zoning Board of Appeals on May 4, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1978 the appeal · 1. SPECIAL EXCEPTION. By res~ution of me Board R was determined that a ~e~ exception ( ) be granted ( ) ~ de~ed pursuant to Article .................... ~ction .................... Subsection .................... paragra~ .................... of the Zoning Ordinance and the decision of ~e Building I~pector ( ) be reversed ( ) be ~nfirm~ b~au~ 7:30 P.M. (E.S.T.) upon application of Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York (Anthony B. Tohill, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient side yard setback. Location of Property: Right-of- way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound, east by Baxter; south by Krupski; west by Gallagher. 2. VARIANCE. By resolution of the Board it was determined that (a) Stric~ application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties al/kc 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 deeislons nf the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS The original application for a side yard variance was originall~ scheduled for April 13, 1978, at which time we were required to ad~orn the matter to the next hearing date due to developments which were occuring as of April 13, 1978, with respect to the proposed purchase of the subject'property. Since then, these developments continue to be unsettled, and we are therefore required to withdraw the application for a variance with the understanding that the withdrawal is without prejudice to our submission of a later application for a variance. On motion of Mr. Gillispie, seconded by Mr. Maimone, it was RESOLVED that the Southold Town Board of Appeals RESCIND the action of the Board on Appeal No. 2404, Mr. and Mrs. David Ricereto without prejudice to a new application at a later date. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, Maimone. 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 a% the Town Hall, Main Road, Southold, New York, on Thursday, May 4, 1978, on the following appeals: 7:30 P.M. (E.S.T.)'upon application of Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York, (Anthony B. Tohill; Attorney) for a variance in accordance with the Zoning Ordinance Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient side yard setback. Locatior of Property: Right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by Baxter; south by Krupski; west by Gallagher. 7:40 P.M. (E.S.T.) upon application of Henry Smith, Robinson Lane, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule to subdivide an overly large parcel into two parcels. Location of property: west side of Hobart Road, Southold, New York, bounded on the north by Whitside; east by Hobart Road; south by Rich; west by Town Creek. 7:50 P.M. (E.S.T.) upon application of Harold and Virginia Thomas, 91 Avenue C, Port Washington, New York, for a variance in accordance with the Zoning ordinance, Article III, Section 100-32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling. Location of property: north side of Minnehaha Boulevard, Southold, New York, bounded on the north by Corey Creek; east by Bugdin; south by Minnehaha Boulevard; west by Haggert. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of~ the Amended Building Zone Ordieance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Seuthold, New York, on Thursday, May 4, 197~, on the following appeals: _7:30 P.M. (E~S.T,) noon ap-l~l~atioa of Mr. and Mrs. David Ricereto, oregon Keaa, Cutchogue, New York, (An- thony B. Tohill; Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permi~ion to construct dwelling with in- sufficient side ygwd i~ethack. Location of propertyi Right- of-way, north side Oregon Road, Cutcbogue, New York, bounded on the north by Long Island Sound; east by Baxter; south by Krupski; west by Gallagher. · . 7:40 P.M. (E.S.T.) Upon application of Henry Smith, Robinson Lane, Peconic, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 10031 and Bulk and Parking Schedule to subdivide an overly large parcel into two parcels. Location of property: west side of Hobart Road. Southold, New York, bounded on the north by Whitside; east by Hobart Road; south by Rich; west by Town Creek. 7:50 P.M. (E.S.T.) upon application of Harold and Virginia Thomas, 91 Avenue C, Port Washington, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling. Location of property: north side of Minnehaha Boulevard, Southold, Now York, bounded on the north by Core Creek; east by Bugdin; south by Minnah~ha Boulevard; west by Haggert. 8:00 P.M. (E.S.T.) upon application of James F. McFarland, 13 Mildred Court, Floral Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to place a storage shed in the front yard. Location of property: Little Peconic Bay Road, Cut- cho~ue, New York; Lot No. 237 on Map A of "Nassau Point Properties." 8:15 P.M. (E.S.T.) upon application of Ernst L. Midgette, 84A Little Peconic Road, Cutcbogue, New York, for a variance in accordance with the Zoning Ordinance. Article III, Section 100-32 and Bulk Schedule to place a shed in the front yard. Location of property: Little Peconic Bay Road, Cutchogue, New York: Lot No. 236 and part of lot No. 235 on Map A of "Nassau Point Properties." 8:25 P.M. (E.S.T.) upon application of John P. and Linda F. Kowalski, 404 Atlantic Avenue, Greenport, New York, (George C. Stankevich, Attorney), for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Right- of-way on the south side of Sound View Avenue, Sonthold. New York, bounded on the north by Sound View Avenue; east by Vilar, Jacobi, and Schur; south by Morris and Lombardi; and west by Town of Southold and Jarosz. 8:45 P.M. (E.S.T.) upon application of Albert Orlowski, Main Road, Cut- chogue, New York, (Richard J. Cron, Attorney). in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 (A)(2) to base helicopters on a portion of farmland during the farm spraying season. Location of property: Sterling Lane, Cutchogue, New York, bounded on the north by Bolenius; east by Bolenius and Imbriano; south by Sterling Avenue; and west by Scott. Any person desiring to be heard on the above appeals sh ' appear at the time and pla.. above specified. Dated: April 24, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA27-2970 :)LK, ~ ss: J .................... being duly Sworn. s Printer and Publisher of the SUFFOLK newspaper published ~rt Greenport, in said , notice, of which the annexed is a printed lished in the ~aid Suffolk Weekly Times ~or .......... 9..NF.. ............. weeks ,ricing on the ...~q'~5ITY.-.?~.~.'~i ..... ~e this ..../., ¢./i i. 1 I / ..... ~.. ~..~ ........ ,~.../:/~ ...... ~ ...... ....... 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 heatings will be held b-y the Zoning Board of Appeals at the Town Hall, Main Road, Southold. New York, on Thurs- day, May 4, 1978, on the following appeals: ~plication of M~ ~Oavid Ricereto, Oregon Ro~d, Cutcbogue, Ney7 York, (An- thony B. Tohill, Attorney) for a variance in acCOrdance with' the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to/ construct dwelling with insuf- ~ ficient side yard setback. Loea- / tion of property: Right-of-way, ~ north side Oregon Road, Cut- 1 chogue. New York, bounded [ on the north by Long Island/ Sound; east by Baxter, south by Krupski; west by Galla- gher. 7:40 P.M. (E.S.T.) upon application of Henry Smith, Robinson Lane, Peconic, New York, for a variance in accord- ance with the Zoning Ordin- ance. Article Ill, Section I00- 31 and Bulk and Parking Schedule to subdivide an over- ly large parcel into two par- cels. Location of property: west side of Hobart Road, Southold, New York, bounded on the north by Whitside; east by Hobart Road; south by Rich; west by Town Creek. 7:50 P.M. (E.S.T.) upon application of Harold and Vir- ginia Thomas, 91 Avenue C, port 'fi~ashington, New York, for a variance in accordance with the Zoning Ordinance, Article Ill. Section 100-32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling. Location of property: north side of Minnehaha Boulevard, Sou/hold, New York, bounded on the noi-th by Corey Creek; east by Bugdin; south by Min,nehaha Boule- vard; west by Haggert. 8:00 P.M. (E.S.T.) upon application of James F. Mc- Farland, 13 Mildred Court, Floral Park, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-32 and Bulk Schedule to place a storage shed in the front yard. Loca- tion of property: Little Peconic COUNTY OF SUFFOLK STATE OF NEW YORK Potricia 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, qos been published in said Long Island Traveler-Watch- ,nan once each week for ........... , ............................weeka successively, commencing on the .,?..,~ ................................. of .................. 19. .. :. .,<. Sworn to before me this ...... ;'...i ............. day or h4.~ ~.'~-) 19...~....~''' Legal Notice -2- Hearings: April 13, 1978 8:10 P.M. (E.S.T.) upon application of Mr. and Mrs. Charles L. Westenberg, 795 Bayview 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 construct addition with insufficient front yard setback. Location of property: Bayview Drive, East Marion, New York, bounded on the north by Stiege; east by Bayview Drive; south by Bayview Drive; west by Cordes. David 8:25 P.M. (E.S.T.) upon application of Mr. and Mrs. Ricereto, Oregon Road, Cutchogue, New York (Anthony B. Tohill, Attorney) for a variance in accordance with the Zoning Ordinance Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient side yard setback. Locati of property: Right-of-way, north side Oregon Road, Cutchogue, I~ New York, bounded on the north by Long Island Sound; east by Baxter; south by Krupski; west by Gallagher. 8:40 P.M. (E.S.T.) upon application of Southold Savings Bank, Main Road, Southold, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-112 B for permission to construct accessory off-premises parking lot in excess of 200' from main premises. Location of property: East side Railroad Avenue (Youngs Avenue) Southold, New York, bounded on the north by P.B.M. Associates; east by Rich; south by Eiseman; west by Railroad Avenue. 9:00 P.M. (E.S.T.) upon application of Cynthia Mahnken, Box 117, Purcellville, Virginia (Gary Olsen, Attorney) 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: Herren 'r.ane, Southold, New York, bounded on the north by Conway; east by Horton 'r.ane; south by Grattan; west by Greenfield Acres Sub. Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling on un- dersized lot. Location of property: Stephenson Lane (Pvt. Rd.), Orient, New York, bounded on the aorth by Private Road; oast by Bur- nham; south by .0!d Main Road; west by Lomas. 8:00 P.M. (E.S.T.) upon application of Mattituck Anchor Inn Corp., Box 18, Mattituck, New York for a special exception in ac- cordance with the Zoning Ordinance, Article III, Section 10030 C 6(f) for permission to erect off-premises directional sign. Location of property: Sound Avenue, Mattituck, New York, bounded on the north by S~md Avenue; east by Pylko; south and west by J. Meglio.. 8:10 P.M. (E.S.T.) upon application of Mr. and Mrs. Charles L. Westenberg, 795 Bayview Drive, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bu~ Schedule for permission to construct ad- dition with insuffici,.nt front yard setback. Location of property: Bayview Drive, East Marion . New. York, bounded on the nortlf 'by Stiege; east by Bayview Drive; south by Bayview Drive; west by Cordes. 8:25 P.M. (E.S.T.) upon apphcation of Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York (An- thony B. Tohili, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with in- sufficient side yard setback. Location of property: Right- of-way, north: side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by Baxter; south by Krupski; west by Gallagher. 8:40 P.M. (E.S.T.) upon application of Southold Savings Bank, Main Road, Sauthold, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance. Artiel~ Yl ~*~ COUNTY OF SUFFOLK, ! STATE OF NEW YORK, ~ ss: TROY GU~TAVSON being duly Sworn, says that .. ~'.~.... is Printer and Publisher of ihe SUFFOLK WEEKLY TIMES, a newspaper published ~r[ 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, ior ........ .0..I~. ............... weeks successively commencing on the .... SIX.T.}t ............... day of ............ i: ~': '-: I~.~.~. · Sworn to before~me this ~../.~ ..... ayo, ..... .... I 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 0t the Town flail, Main Road, Southold, New York, on Thurs- day, April 13, 1978, on the following appeals: 7:30 P.M. (E.S.T.) upon application of John Malinow- ski, Second Street,' New Suf- folk. New York, to rescind variance granted o.n January 12, 1978, giving permission to use existing business building for assembly'qf parts. Location of propertY: 'we.St side Second Street, south'side King Street; east by Se<~ond Street; south by II. Aponik and other land of applicant; west by Third Street. 7:30 P.M. (E;S.T:) recessed hearing upon application of Patrick Edward and Linda Martz 'Lyons for a~ special 6kception to reinstate non- onforming, two-family use, arion, New York, bounded the north by Stiege; east by Bayview Drive, south by Bay- st by Cordes. (E.S.T.) upon Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York (An- thony B. Tohill, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insuf- ficient side'yard setback. Loca- tion of property: Right-of-way north side Oregon Road, Cut. chogue, New York, bounded on the north by Long Island Sound; east by Baxter; south by Krupski; west by Ga a- gher. 8:40 P.M. (E.S.T.) upon application of Southold Sav- ings ~ Main Road, South- old, New~'~t~ (Richard Lark, Attorney) for a variance ,in COUNTY OF SUFFOLK ss: STATE OF NE',,%/ YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspal~r printed at 5outhold, in Suffolk and that the notice of which the annexed is a printed cody, has been published in said Long Island Traveler-Watch- man once each week for ............. /. ........................weeks successively, commencing o~ the ~-~ da~..:...: ................... 19..../.... Sworn to before me this ....... ~.. .............. day ot .................. FOKM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .......... ~ .................................................................................................. , ....... ...................... ....~...~.~ .......... '~ ........ , ........... PLEASE TAKE NOTICE thot y~ur apl~licmian dated .................................................... , 10 ........ for permit to construct ................ ;~ ............. at the premises located a .................................... ...................................................................... Street Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ....... ~<Z~.. ......~ ............................ Building Inspector O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~f'~ ~' .... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, ~, (We~..r......:.a, n.~ .. M.r...s........D..a...v. ~..d... ~ .c...e..r...e,.c..o... oi ....... .O...r..e. ~ p,..q .. ~9..a...d. .......................................... Nome of Appellant Street and Number ...... C.~J;.C. hOg~...~.~.~.t3...Q;~..~.9.g.t;.[3P..[..d.. ......................... ~.~/...~.o...~.~.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION Of THE BUILDIN~¥ INSPE/(2TOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO ~"~' ~ ..... ......................... Nome of Applicant for permit of Street and Number Municipality State )PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...2d-gEL~...way....o~..n~xr.~..~i~e...e~...0~.eg~..Eo. ad Street Use District on Zoning Map Cut~hogue Use-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.) Section 100-31 (side yard) 3. TYPE OF APPEAL Appeal is made 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):(l~g]~,~E been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeol was ( ) request for a special permit (x) request for a variance and was made in Appeal No....2.~..8..1. ..................... Dated ..... .J...a.p...u...a..r.~y.~...~..2..~.~.~...9~.7'.8'~.(.?..~.~.p..y'~.t...t.~ched ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequestedforthereasonthat applicants seek to construct a house with one side yard,of 20 feet,and another side yard of 9 feet where the ordinance requzres each szde yard to be at least 15 feet and the total side yards to be 35 feet. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces-' sary HARDSHIPbecause applicants property is a narrow non-conforming lot of considerable value to the east of which there is a right of way which will not be developed. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because (to be submitted) 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because (to be submitted) Signature COUNTY OF SUFFOLK ) ANTHONY B. TOHILL, as agent for Mr. and Mrs. David Ricereto Sworn to this ............ 29.th. ........................ day of .......................... Mar. ab. ................. 19 78 / ....................... ............................. BARBARA C, IIONER ~,:ary Publio~ ~ el N~ York CommisMmt ~ ~ ~0, 1~7g TOOKER, E$$eKs, HEFTER, CUDDY & TOHILL COUNSELORS AT LAW TELEPHONE May 2, 1978 Chairman of the ZoningBoard of Appeals Town of Southold Southold, New York 11971 Re: Application of Mr. and Mrs. David Ricereto Gentlemen: The above application for a side,yard variance was originally scheduled for April 13, at which time we were required to adjourn the matter to the next hearing date as the result of developments that were occurring as of April 13 with respect to the Ricereto's proposed purchase of the subject property. Since then, these developments continue to be unsettled and we are therefore required to withdraw the application for a variance with the understanding that the withdrawal is without prejudice to our submission of a later application for a variance. Thank you for your cooperation. Very truly yours, Anthony B. Tohill ABT]bb O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. 1., N. Y. 11971 March 29, 1978 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted ~rewith is Appeal No. 2404, application of Mr. and Mrs. David Ricereto for a variance. Also included is notice to the following adjoining property owners: Mr. & Mrs. Isidore P. Krupski, Mr. Michael J. Gallagher, Dr. Veronica R. Czebotar and Dr. J. Skirel, Mr. Joseph K. Swiatocha, Mr. and Mrs. John Simcik, Baxter Properties, WICKHAM, WICKHAM & BRESSLER, p.e. MATTITUCK LONG ISLAND 516-298-8353 March 31, 1978 Board of Appeals Town of Southold Town Hall Southold, NY 11951 Re: Petition of Mr. and Mrs. David Ricereto; Dated March 29, 1978 Gentlemen: I represent Baxter Properties, Inc., contract vendor of the property which is the subject of the Ricereto petition for a vari- ance from the side yard requirements of the zoning ordinance. Please be advised that Baxter Properties, Inc. supports the petition for the variance. The lot is rather narrow, and the property to the east of the subject premises is a 16' strip which is useful only for access to and from Long Island Sound and the bulk of the Simcik parcel on Oregon Road. Therefore, the proximity of the proposed house to the easterly boundary would not interfere with other residential use. Very truly yours, AAW/ep O O BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Mr. and Mrs. David Ricereto : to the Board of Appeals of the Town of Southold : TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1.Thatitistheintenti~n~ftheundersignedtopetitiontheBoardofAppea~softheTownof~outho~d torequesta(Variance)(SpecialException)(SpecialPermit)(thefollowingrelief: TO permit a side yard of 9 feet on the easterly side where 6 additional feet is required ). under the ordinance 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: East of Michael Gallagher, South of Long Island Sound, West of right of way of Wesley Simcik, North of Isidore Krupski 3. That the property which is the subject of such Petition is located in the following zoning district: agricultural 4. That by such Petition, the undersigned will request the following relief: See above - No. 1 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Section 100-31 (side yard) 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. Mr. and Mrs. David Ricereto Dated: March 29, 1978 Petitioner ~'xi:it~hony B. Tohill, agent Post Office Address 108 East Main Street Riverhead, New York 11901 O NAME Mr. Michael J. Gallagher Mr. and Mrs. Isidore P. Krupski Dr. Veronica R. Czebotar and Dr. J. Skirel Mr~ Joseph K~ Swiatocha Mr. and Mrs. John Simcik Baxter Properties, Inc. PROOF OF MAILING OF NOTICE ADDRESS 9134 98th Street, Woodhaven, New York Peconic, New York 11958 Sunset Boulevard, Wading River, Oregon Road~ Cutchogue~ New York 11935 Cutchogue, New York 11935 c/o Abigail Wickham, Esq. Main Road, Mattituck, New York 11952 New York 11792 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: : ~. , being duly sworn, depose~s an~t says that On the ~ ~'~, 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- rice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this c~ day of ~'/-~.~,~_ , 197d~ Notary Public JUDITH T. TERRY Not, r! Public. S~.'O of New York ~'1o. 52 73~.!.953 Suf~o:k County Comm!~s!e:: Exp;res t.;~rch 30, To~ArN OF SOUTHOLD, NEW YORK ACTION OF THE ZONL'q(~ IIOARD OF A~PEALS Appeal No. 2381 Dated December 8, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF '~'HE TOttEN OF SOUTHOLD To Baxter Properties, Inco (Abigail Wickham~ Esq.) Main Road Mattituck, NY 11952 DATE,....~.5....~2f 1978 Appellanf at a meeting of the Zoning Board of Appeals on January 12 ~ 1978 %vas considered and the action i~dicate~ below was t~ken on your ( ) Request for variance due to ]ack of access to property ( ) Request for a special exception under the Zoning Oral/hence (X) Request for a Variance to the Zoning Ordinance ( ) the appca! 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special except/on ) be Eranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... pareD-apb ................... of the Zoning Ord/nance and the decision of the Building Inspector ( ) be revers~ ( ) be confirmed because 9:00 PoM. (E.SoT.) upon application of Baxter Properties~ Inc., Main Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule : and the Town Law, Section 280A for permission to set off lot with in.- sufficient width and approval of access. Location of property: right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by Simcik; south by Krupski; west by Gallagher. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (wou/d not) produce practical hardship because SEE REVERSE difficulties or (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ail properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was farther determined that the requested variance (.) be ~ranted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed, ) be denied and SEE REVERSE FORI~ ZB4 ZONING BO;~{D OF APPEALS C 0 After investigation and inspection, the Board finds that the applicant requests permission to set off lot with insuffi- cient width and approval of access, right-of-way, north side Oregon 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 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 O~dinance. THEREFORE IT WAS RESOLVED, Baxter Properties, Inc., Main Road, Mattituck, New York, be GRANTED permission to set off lot with insufficient width and approval of access, right-of-way, north side Oregon Road~ Cutchoguew New York~ as applied for, subject to the following condition: The unimproved right-of-way extending from the presently improved right-of-way to the lot created by this action shall be improved to a width of at least 15' with 6" of topsoil removed and replaced with 6" of bank run scarified into the surface. Vote of the Board: Ayes: Messrs: Gillispie, Hulse, Gr~gonis Doyen. 2 t.ONG SEC NO 130 SEE 50ot~° 2 ?A(cl FOR PARCEL NO SEE SEC. NO 053-02-009.1 MATCH LINE ' ¢ KEY MAP __ Real COUNTY OF SUFFOLK ~?~.0?_SQUT_HO Property Tax Service Agency H. Russell Haose D~recror u~lt<lLrxO. Riverhead L.' New York '- ?