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HomeMy WebLinkAbout2451 TO~N OF SOUTHOLD, NE~V YORK ACTION OF THE ZO~G BOARD OF APPEALS Appeal No. 2451 Dated July 12, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Marion M. Roussin General Delivery Southold, New York 11971 DATE ...~..t...:.....20, 1978 Appellant at a meeting of the Zoning Board of Appeals on September 7, 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 ( IQ Request for a variance to the Zoning Ordinance ( ) 19 7 8 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was detemined th~ a special exception ( ) be gra~ed ( ) be de,ed pursua~ to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoni~ Ordinance and the decis~n of the Building I~pector ( ) be reversed ( ) be confirmed b~ause 7:50 P.M. (D.S.T.) Appeal No. 2451 - Postponed decision 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. 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) 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 REVERS~ ZONING BOARD OF APPEALS ) be denied and After investigation and inspection the Board finds that the applicant wishes to divide her property with insufficient area and road frontage. The findings of the Board are that the applicant's property is surrounded by lots that are unequal in size, some are larger, several are smaller than today's zoning requirements. The property in question was originally acquired through three separate deeds. Each deeded lot contained approximately 23,000 square feet. 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. Grigonis, it was RESOLVED that Marion M. Roussin, General Delivery, Southold, New York, be GRANTED 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, upon the following condition: Board of Health approval as to location of the cesspools and the water. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. RECEIVED AND FILED BY THE SOUI'HOLD TO~,~4 CLEP~ DATE ~/7~ HOUR Town ~erk, To~ of ~uthold 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 the 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 APPEALS 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. Gary F. Gary F. Donald Harold Abigail A. Wickham, Esq. Joseph Cherepowich Arthur W. Lee Marion M. Roussin Olsen, Esq. a/c Joan L. Tsontakis Olsen, Esq. a/c Thomas A. & Rosa Fucile Olsen, Esq. a/c Jacqueline Penney & Virginia Leden & Loretta Schwerdt a/c John Baxter 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 111, 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. 8:45 p.m. (D.S.T.) Upon application of Arthur W. Lee, 246 West .Sth' Street, Deer Park, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-35-for 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.) Upo~! application of Marion M. Roussin,'--G~n~r~l ~live~:y, -S~uthold, New- Y-'~rk~ 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 \venue, Southold, New York, bounded on the north by Halbauer; east by Private Road; south by Soundview Avenue; west by Young. Dated August 7, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT- 8/10 (581) LEGAL NOTICE ' NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisio~ of the Amended Building Zone Ordinance of the T°wn of Sonthold, New York, public hearings will be held by the Zoning Board of Appeals at the Town hall, Main Road, Southold, New York, on Thursday, August 17, 1975, on the following appeals: 7:30 P.M. (D.S.T.) Upon application of Joan L. TSon- ~kis, Breakwater Road, Mattiinck, New York, (.Gary F. Olsen, Esq.) for a varlanne 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, Now York, bounded on the north by Sound Road Estates, Inc.; cast by Roesch and wilson; south by Carpenter; west by Johnson. 7:35 P.M. (D~S.T.) Upon' application of Joan L. Tson- takis Breakwater Road, Mattituck, New York, (.Gary ' F. olsen~ Esq.) for a varla .rice in accordance with the Zomng Ordinance, Article HI, Sec- tions 100-32 and 10041 and Bulk Schedule to have a swimming pool in the front yard. Location of property: Breakwater Road, Mattit~ck, Now York, bounded on the north by Sound Road Estates, Inc.; east by Ronsch and Wilson; south by Carpenter; west by Johnson. 7:45 P.M. (D.S.T.) Upon application of Thomas A. and Rosa Fucile, 50 East 89th Street, New York, Now York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for perroJssiea to construct a dwelling with insufficient front yard set- back. LocAtion of property: Bayberry Read and Bridge Lane, Nassau Point, Cut- cho~ue, New York, bounded on the north by Hlllmer; east by Hillmer; south by Bridge Lane and west by Bayberry Road. .7:50 P.M. (D.S.T.) U~on application of Jacqueline Penney, North Street, Cut- cheque, Now York (Gary F. Olsen, ESq.) for a special exception to the Zoning Or- dinance, Article III, Section 100-30 C for .permission to erect an off-premia~s sign. Location of property: No.r~ Street and Main Road, Cut- chogue, bounded on the north by Cutohogue School District; east by Albert H. Orlowski; south by Zina Chngin; west by North Street. 9:00 P.M. (D.S.T.) Upon application of Donald and Virginia Leden, 156 Sterling Avenue, Grecnport, New York, for a variance in ac- curdance with the Zoniv~ Ordinance, Article HI, SectiOn 100-31 and Bulk Schedule for permission to construct a t~ouse with insufficient front yard setback. Location of property: Madison Street, Grecnport, 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 Lorette Schwerdt, 2720 Cedar Avenue, Southuld, Now Yorg, for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-31 and Bulk Schedule for permissior to construct a two car garag~ with two rooms above, the garage with insufficient side yard setback. Location. property: Oak and Cedar Avenues, Goose Bay Esta~,~ Lots' 192, 193, 194 and~ Southold, New York...,. ;. 9:20 P.M. (D.S.T~) application 9g Wiltshire Driver~ Massachusetts.~. Wickham, E{~i~),~ ~.f~r. variance to the Zonin~ or; ,dinance, Article IH, Sect~n 100-30 and Bulk Schedule and for a variance in aCceedance with the Town Law~. ~ectinn 280A for approval Location of Road, Cutchng~e,, Sacred Heart:_..~ur~' ':~ nowski and.:~ Presbyteri~..~ and Twin P~H~,I~+~,C.,~..'~ Cherepowich, ~' ~ East Marion, New ~/0t~; variance in accerdgfiee.ess~d~ the Zoning Ordina~ Article III, Section 100-31 and Bulk Schedule for permission .to extend garage with m- sufficient front yard setback. Location of property: Lot No. 21, Marion Manor, East Marion, New York. 9:45 P.M. (D.S.T.) Upon applieatiou of Arthur W. Lee, 246 West 9th Street~ Doer Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 10035 for per- mission to erect an eigh~ (9) foot fence around property. Location of property: Laurel Lane, Mattituck, New York, bounded on the north by J: Lee; east by C. Schimpo; 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 in- sufficient area and width. Location of property: Sound- view-Avenue, Southold, New York, bounded on the north by Halbauer; east by Private Read; south by Soundview Avenue; west by Young. Dated: August 7, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS .1TA10-3040 COUNTY OF SUFFOLI~, STATE OF NEW YORK, ~ ss: T ~'oy ;~; ,' 'b ~.!. ,' ~ o~'~ being duly Sworn, s~/s that ...~.c .... is Printer and Publisher of ~e SUFFOLK WEEKLY TIMES, a news~per pubBsh~ county~ and ~at the noti~, of which ~e ~e~ is u print~ ~py, ~s ~en published in the ~d Suf~lk W~k~ Times once in e~ch w~k, for . P?: ...~ I.) ................. w~ks suc~ssiv~ly ~mmencing on ~e Sw~m to ~f~e me this .~.i day of ...... ~~ ~t ' :. ~.~t;~ <i New Yc~ 0 FOI~M NO. s TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ..................... ~,45l' .................................. Date ............... Aug~s~:'"'/'~' ................... ' 19'78" To ...... ~a~$Oe~.,Mv,,'P-o'uso$~ .......................... ............ Geaea~al.,.D~v~ ............................. PLEASE T~KE ~OTICE tho~ your opplicotion ~ote~ ................ ~-~'~'"~'~ ................. . 19.~8... for permit to ~,,.d~,v~.-~d' ......... ot the premises I~oted ot ,-H~a~"~"~ ............. ~~,,&v~ ................ ~ Southold, New Yo~k. -t ~... is ~p .................................... Bilk .............................. ~ ~ ~ ~ ..~ .... ' ~ dis ~ ~ the follo~ng fl .......... : .................................. . ~ ~1( I , ~ ~ , ~ 7 /I ,/ ...~ .................. ..,~.,.:.~ ............. r'"'"~ ...... "::"~'"~-;:Y ~ ~ ~/~ ~? ~r ~ r ~-~ ~ ~ ~ ............ ' ....... ~-- ~-~-~-~ ............................................................ © O ~K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TO: From: Southold, L.I., N.Y. 11971 July 12, 1978 Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Roussin for a variance. property owners as follows: (Howard), Soundview Avenue, TELEPHONE (516) 765-1801 Also included are notification to adjoining F. Halbauer, Box 258, Peconic, N.Y.; B. Southold, N.Y. 11971 · JTT/bn cc:file Enc./ Zoning Appeal No. 2451, application of Marion M. Young PRAEGER 8: GALLIONE January 12, 1955 Mr. Eugene Roussin 46-09 193rd Street Flushing, New York Dear Gene: Enclosed please find closing statement on both closings, together with the three deeds, insurance policies with endorsements, and tax hills. I will send the title policy as soon as I receive it. you have any question, give me a call. Kindest regards to Marion and yourself. Sincerely, Seymour Schneiderman SS/ld Encls. ~11~ Bennett ~ Box 1195 ~ll0M, New Yo:k 11971 August 17, 1978 Hon. Robert Gillispie and members Zoning Boa~d of Appeals Town Hall Southold, New York, ll~?l Dear Chairman Gillispie and members of the Board: I am a friend and neighbor of Marian Roussin, the ap~lioant, and I do not wish to offend her. Neither do I wish her to take advantage through this Board of the neighborhood she is planning to leave. I submit that the further variance sought on her 314 feet of property alonga private road off Soundview Avenue (lot 21 on Soundview on the accompanying county map) should ~t be gr~nted for the following reasons~ 1. Prevailin~ lot size. Until the variance was granted last year on the southeasterly third o~ this owner's land, there w~s only one other lot in the immediate vicinity of that size, the lot next to her (lot 20 on the county map). You will see the other lots run from 150 feet on the road, or nearly, to 4.6 acres. In actuality, several of the adjacent pieces, in the hands of the same owners, have merged, which isn't shown here. But using the official 1974 county map itself as the reference, we find that the average size of the 41 lots south and west of Lighthouse Road and Soundview Avenue is l-l/8 acres. Only eight of these lots -- and that includes your recent variance to the same applicant on the same property -- ~re ~ acre or less. --Neighbors across the lane, the Lindermayers and the Visels (lots 8 and 7 respectively) own lots that were earlier voluntarily merged from three lots into two to make 150 feet on the road or nearly. The Reises own the next two lots, which they similarly paid a legal fee to merge from three lots into two when they decided to put one of the lots up for sale. This was requested of them so as to conform to the recent changes in the Southold zoning code, and they willingly complied. --It seems, then, that you could not justify a variance either on the basis of prevailing lot size or on the basis of fairness to the neighbors who have voluntarily upzoned and tried to comply with the upzoning regulations. 2. Town Mastpr Plan and the rec.entl~ completed 208 Was~eWater ~nasement ~t_~_~.. Th~ Town plan recommends a net density of I acre per family or thls ne].ghborhood north of the farmlands. The 208 Waste water ~r~gement Study recommends a net density of at least I acre for the entire North Fork, whose precarious water sup?ly, as you know, depends entirely on stored groundwater. --If you are not sufficiently ~ersuaded by the recent Town ~.on:ng ordinance of l~0 feet on a road, please let the hydrolo$ists lend added weight to the necessity to conserve our w~ter supily. August Guerrera of the Suffolk Co'unty %.~ater ~utbormty recently told the To~n Board, "There is no other place in the world that I know of whe=e three million people are supplied only by groundwater." such experts have described the North Fork's plight as more precarious than that in western Suffolk, because of our more limited groundwater table. --Our own neighborhood rests on semipex~eable layers of Gardi~r's clay. This cl~y prevents the immediate seepage of rainwater into the ground, with the effect that the entire neighborhood is also a drai~ge basin for several hundred acres nearby. This means that, if not overdeveloped, we can conserve water for the water table here because it leaches into the Sound more slowly than it would in sandier places. But then comes the boomerang effect. It also means that because of poor drainage, cesspools do not function well. As Cuerrera added, ~Phis means that any contamination that leaohes into the underground water supply is going to be there for a long time, affectir~ us and the future generations.' And what does this mean? That houses and therefore ce-~spools in this neighborhood must be limited. 3. Hardship? The usual re~son for granting a w~riance to an appeal for a lot of insufficient size, besides prevailing lot size, seems to be hardship. But Mrs. Roussin has volunteered to me that she is selling her _~roperty without intending to use her w~riances herself at all. They would simply either allow her to se~l the property piecemeal, or else be of commercial v~lue to the next owner or owners. --It's the neighbors who in that case would be the poorer. We're the ones ~o wo~.d suffer the ~hip of downzoniD~ and diminution of And ~e Town, whi~ -- aoco~L~ to Su~isor Fartocchi~ two y~rs ago -- h~d no~ ~ubd:.v~ded !ot~ on rec~.~ ~an ~e to~m ~oundwater wou? ~ven +~en ~upi_crt, ~o~]d be just a ]~tt!e ~leser +,o the ;:a~l. ~,e beg you not to ~-- g~la B. Moore TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD aP APPEALS, TOWN OF SOUTHO, LD,..N. Y .... ~ , ~/o ~ene'ral De~i[very, ~ou~nolJ;l,~NY ,, .............. Name of Appellant ~' Street and Number ........ . ., ... . . . . . .c . --. . ....... . ERE , Y APPEL o J Municipality / / State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE/I~UILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .~.~..~~.' Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION O~ ~E PROPERTY %....~.~..,~.~...,..~.~.!: ............... :,! .................... ~....~ 6/ Street Use District on Zoning Map" ' ........................................ .............. i_ 6/ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Pa_rag raph_~of(~~Z'~//~ th~,~Zoning/~,Ordinance~c~ by ~o,,,<j~,~(.~,~_j~_n~ quote the Ordi.nance.) 3. TYPE OF APPEAL Appeal is made herewith for (~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~(has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ('~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Form (Continue on other side) © O REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 '~f~./~~' '~-'/~~~/ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNTY O Signature Sworn to this ................ Z,...~...~, ...............day of ................. ~..~..~ ...................... 197~G~ ~./ Notary Public ~ ELI~RBETH ANN NB/fiLE NOTARY PUBLIC, State of New York NO. 52-8]25850, Suffolk Cour,~t¥ Term £xDire$ March 30, 19~'~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: 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) (Sp~al Exception) (Special Permit) (the following relief: ~ 2. That the property which~ is the. subject of the Petition is I~o~ated adjace.~nt to your property and is des- cribed as follows: 3. That ~e prop~ty_/~--~-~ ~ ~ 'which is~the subject of such ~ated in the following zoning district: 4. That by such Petition, the undersign~ed will request the fpllowing~rel!.e[:. 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: ~ J°'~ '1~'~' S· y7 Petitioner NAME PROOF OF MAILING OF NOTICE ADDRESS ~m^lt ur ml:w I~uKP~ ) COUNTY OF SUFFOLK ) ss.: Mnrqn~ M Rn~q~n , residing at Hyatt Road. Southold ~1 v , being duly sworn, deposes and says that on'the - i2th day of July ,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 Southold, N.Y. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 12th day of July _ ,19 _.:~_~_ _~ -- ~ Nota~Public ~ ~LI~B~H ANN N~IL~ NOTARY ~BLIC, State of New yer~ No. 52.8125850, Suttolk Cou~ Term ~01res March 30, ~9~ I $0UNO bONG i$1. ANO ? SOuN 3?4 9 i(c) .} 'F · II PARK DIST. /3 Revi;,ions I$ I.~A 4.64(c) ~ KEY MAP FOR PARCEL NO. SEE SEC. NO. O · (~ COUNTY OF SUF Real Property Tax Servi H Russel~ Hoase, ' Riverheod, L J, New