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HomeMy WebLinkAbout2465 TO~VN OF SOUTHOLD, NEW YORK ACTION OF THE ZON]~NG BOARD OF A/~PEAL$ AppealNo. 2465 Dated August 15, 1978 ACTION OF TttE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Ann Helen Sarnowski (Abigail A. Wickham, Esq.) Old Cove Road Cutchogue, New York 11935 DATE~.~....~q., 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 ( )O Request for a variance to the Zoning Ordinance ( ) 1978 the appeal 1. SPECIAL EXCEPTION. By res~ut~n of the Bo~d ~ was determined ~at a spe~al exception ( ) be granfed ( ) ~ deined pursuant ~ Axtic~ .................... ~ct~n .................... Subse~ion .................... paragraph .................... of ~e Zoning Ordinance and the decis~n ~ be Building I~pector ( ) be reversed ( ) be co~irmedbeeause 8:05 P.M. (D.S.T.) Upon application of Ann Helen Sarnowski Old Cove Road, Cutchogue, New York, (Abigail A. Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to change lot lines. Location of property: Old Cove Road, Cutchogue, New York, Lot No. 196 on Map of Nassau Point, Cutchogue, New York. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (wmdd not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF ) be denied and After investigation and inspection the Board finds that the applicant is the owner of three lots, Nos. 196, 197, and 198. Applicant wishes to change the lot lines between lots No. 196 and 197, by adding an additional stip of 15 feet to lot No. 197. The Board agrees 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 the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED that Ann Helen Sarnowski, Old Cove Road, Cutchogue, New York, be GRANTED permission to change the lot lines between lot No. 196 and lot no. 197 as requested. Location of property: Old Cove Road, Nassau Point, Cutchogue, New York. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. RECEIVED AND FILED BY THE SOUTHOLD TOY, tN CI.E~ Town Clerk, Town of Southold 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, September 7, 1978, on the following appeals: ~ 8:05 P.M. (D.S.T.) Upon application of Helen Ann Sarnowski, i (Abigail A. Wickham, Esq.), for a variance in accordance with the Zoning Ordinance, Article iii, Section 100-30 and Bulk Schedule for permission to change lot lines. Location of property: Old Cove Road, Cutchogue,New York, Lot No. 196 Map of Nassau Point, Cutchogue, New York. 8:15 P.M. (D.S.T.) Upon application of K. G. Brown Mfg. Co., Inc., Wickham Avenue, Mattituck, New York, (Twin Fork Fence as Agent) for a variance in accordance with the Zoning Ordinance, i Article III, Section 100-35 for permission to erect a 6 f~ot 6 inch fence around entire property. Location of property: Wickham Avenue, Mattituck, New York, bounded on the north by A. Grossen- bacher, D. Reeve, P. Zapp, William Guyton, G. Lomaga; east by Wickham Avenue; south by Long Island Railroad; west by Maiden iLane. 8:35 P.M. (D.S.T.) Upon application of Jean C. Leonard, 143 !Harbor Road, Cold Spring Harbor, New York, for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to erect an accessory shed in my front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by P. C. Carrol; south by Leeton Drive; west by H. Freedman. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 ot 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 7, 1978, on the following appeals: 8:0.5 P.M. (D.S.T.) Upon application of Helen Ann Sar- nowski IAbigail A. Wickham, Esq.), for a variance in accord- ance with the Zoning Ordi- nance, Article 11I, Section 100- 30 and Bulk Schedule for permission to change lot lines. Location of property: Old Cove Road, Cutchogue, New York, Lot No. 196 Map of Nassau Point, Cutchogue New York. 8:15 P.M. (D.S.T.) Upon application of K.G. Brown Mfg. Co., Inc., Wickham Ave- nue, Mattituck, New York, (Twin Fork Fence as Agent) for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-35 for p,ermission to erect a 6 foot 6 inch fence around entire pro- perry. Location of property: Wickham Avenue, Mattituck, New York, bounded on the north by A. Grossenbacher, D. Reeve, P. Zapp, William Guy- ton, G. Lomaga; east by Wickham Avenue; south by Long Island Railroad; west by Maiden Lane. 8:35 P.M. (D.S.T.) Upon application of Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, for a variance to the Zoning Ordinance, Article I11, Section 100-32 for permission to erect an accessory shed in my front yard area. Location of property: Leeton Drive, South- old, New York, bounded on the north by Long Island Sound; east by P.C. Carrol; south by Leeton Drive; west by H. Freedman. 8:40 P.M. (D.S.T.) Upon application of Albin Januick, (Rudolph H. Bruer~ Esq.), Kouros Road, New Suffolk, New York, for a variance in accordance 'with the Zoning Ordinance, Article III, Section 100-31 and Bulk, area and parking schedule, for permis- sion to divide property with insufficient frontage and area. Location of property: Kouros Road, New Suffolk, New York, bounded on the north by COUNTY OF SUFFOLK STATE OF NE-VV YORK 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, has been published in said Long .Island Traveler-Watch- man once each week for ........... /.. .......................... weeks succe~iYely, commencinO on th~ .................................. ...... ;. .......... ....... Sworn to before me thi~ ..... ". ........... day ot ............... (Y..... 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 Sonthold, New ~k; pu.b. lic hearings will be em oy me Zoning Board of Appeals at the Town Hall, Main Road, Soathold, New York, on Thursday, Sep- tember 7, 1978, on the following appeals: 8:05 P.M. (D~S.T.) Upon application of Helen Ann SarnoWski, (Abigail A. Wickham, Esq.), for a variance in accordance with the Zoning Ordinance, Article III, ~Se?tion 100-30 and Bulk Sehedme for permission to change lot lines. Location of e, New York, Lot No. 19~ Map of Nassau Point, Cutcbe~ue, New York. 8:15 P.M. (D.S.T.) Upon application of K. G. Brown M~g. Co., Inc., Wickham Avenue, Mattituck, New York, (Twin Fork Fence as .4~ant) for a variance in accordance Article II1, Section 100-35 for permission to erect.a 6 font 6 ineh fence around entire property. Location of p.m~_.~: Wickha~ Avenue, Mattituck, Nev~~, York, ~ded on the north by A. .rossenbacber D. Reeve, p. ~x~app, William Guythn, Av~ga; east by Wickham venue; south by Long Island Railroad; west by Maiden Lane. 8:35 P.M. (D.S.T.) Upon application of Jean ¢. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, for a variance to the Zoning Ordinance, Article III, Scc~on 100-32 for permission to erect an accessory shed in o~y front yard area. Location property: Leeton Drive, Sonthold, New York, bounded on the north by Long Island ~onnd; nsst by P. C- Carroli Page 23A soutl~ by Leeton Drive; west by H. Freedm~- 8:40 P.M. ;.T.) Upon application of ,~oin Janulck, (Rudolph H. Bruer, Esq.) Kooros Road, w Suffolk, New York, for cariance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk, area and parking schedule, for per- mission to divide property with insufficient frontage and area. Location of property: Kouros Road, New Suffolk, New York, bounded on the north by Kelly, Tyler and Naldjian; east by Harkins; south by Koaros Road; west by V. Gleason. 8:50 P.M. (D.S.T.) Upon application of Betsy Latham, Private Road, Orient, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insufficient frontage and area. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by G. E. Latham, Jr.; south by Private Road; west by Long Island Lighting Company: 9:05 P.M. (D.S.T.) Upon application of Eastern Long Island Kampgroands, Queen Street, Greenpert, New York, for a special exception in accordance with the Zoning Ordinance, Article V, Section 100-50 B (5) and Article VI. Section 100-60 B !l) as revised by Local Law No. 4, 1978, Chapter 88. Article II. Location of property: Queen Street, Greenport, New York, bounded on the north by County Road 27; east by Queen Street and Village of Greenport; south by Village of Greenport; west by Village of Greenport, Judith F. Fenno, Arthur Francisco and Mrs. Leo Sledjeski. Dated: August 28, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA31-3052 ~OUNTY OF SUFFOLK. STATE OF NEW YORK, ~ ss: · · ~QY- "-~V'S.~-~'-~.S.Q~ ............... being duly Swc says that . .h~..., is Printer and Publisher of the SUFFO ~VEEKLY TIMES, a newspaper published at Greenport. in -"ounty~ and thnt tbe notice, of which the annexed is ~ prin ~opy0 has been published in the sa~d Suffolk Weekb/ Ti, race in each week, ~x . .0~..e ....................... we,: lay of .. A~gua~c....~...,.. ......... -i"l ..... ............... ;warn to bef~te me this .,~./J. at .... FOI~M NO. 3 D TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. NOTICE OF DISAPPROVAL File t4o .......... 2.4.65 .............................................. Date ............... August...28., ................. , 19J8, To ....~rs.,...~elem..Aun...Sarnowski...(Abigail A. Wickham, Esq.) .......... CIlcl..Cov~,.. Roacl ...................................... .......... C.u~..chogue.,...New...YGz~k.....~l 9.3 5 ....... PLEASE TAKE NOTICE that your application dated ......... Aug. tls.t..J~5., ................... , for permit to c~k..ckan~e..~o.t..lir~e~t the premises located at ..O~..C~%~..R~a~, ...... C.u~ch~gue, ...N~w..Xork .................. Map ........... 15~. ................. Block ............................................ Lot .i_~.[~.1...9..6...~../[....;.i.[;t~f,~/,. ........ is returned herea~Lth and disapproved on the follow;ng grounds ....... z..l .................. .~ .......................... '"[Z~:'"'[?'t ......... ~'¢'""7;'~;.~ .......... ',"~'~,"'/~';~: ........ i'~'.':'z~f ........................................... Building Inspector George H. Fisher JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 August 15, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmi6g~d herewith is Zoning Appeal No. 2465, application of Ann Helen Sarnowski for a variance. Also included are notification to adjoining property owners as follows: Mr. & Mrs. William J. Brunet, 184 Marcellus Road, Mineola, N.Y. 11501; Honorah McFlemming, 55 Liberty Street, New York, N.Y. 10005; Mr. Edward L. Wenz, 1020 Vanston Road, Cutchogue, N.Y. 11935 JTT/bn cc:file Enc./ WICKHAM, WtCKHAM & BRESSLER, P.c. 516- ~98-8353 August 14, 1978 Southold Town Board of Appeals Town Hall Main Road Southold, NY Re: Gentlemen: 11971 Application for Variance by Ann Helen Sarnowski Please schedule this matter for the next hearing. Very truly yours, . Abiga/1 A. Wickham AAW/ep Encls. Enclosed is original and one copy of application for variance, notice with proof of mailing, two copies of survey, and check to your order in the sum of $15.00. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ DATE ... ~...-./~...'...7., _~.... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, X~ ......A~...q...~..e..1..e..q...S..a...r~..9..~..s.~.J:. ........................ of ....... .O.~.~...C..°..Y.?....R.9..a.~ .......................................... Name of Appella,nt Street end Number ......................... .c..u.?.~.o..~...e. .................................................. ~.e.w...ff..o.~ .............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE/I~UILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ../J~,~/._________________~.,.,~.,~--~ ( ) ( ) Name of Applicant for permit of ,.. ,o_% a....c. R y..e... ~.o..a..a. .......................... .~.~.~.~. ...................... tLe.~..~,o.,z~ .................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( X) PERMIT TO REDUCE FRONTAGE OF LOT 1. LOCATION OF THE PROPERTY .~i~g..p.f.."N..~.~.a~..P.~.$..n"t..~.~..~Q.t.~.~..9..6....~2~.i~s£~nkia~A~ricu~tura~ Street Use District on Zoning Map 156 /v~op 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.) Article III 100-30 and Bt]lk Snh~t]l~ 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)]~¥~0 been :X~X~e~Fd~J~[C~.,%~x with respect to this property. Such appeal was ( ) request for a special permit ( × ) request for a variance and was made in Appeal No. _3.,8.3.6, ..................... Dated .......... .S..e.~..t..e...~...e.~...5..:...]?..?..3. ......................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) is requested for the reason that A~l±ca~t ~ishes to reduce the frontage of T.ot 196 ~rota 121.80 feet to 106.98 feet, as shown on the attached survey by Roderick Van Tuyl, P.C., dated August 4, 1978. Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the present botmdary line between the two lots is too close to the garage to allow sufficient room to back out of the garage. By increasing the frontage of Lot 197 by 15 feet, creating a pie-shaped addition to Lot 197, applicant will have sufficient additional room to maneuver in and out of the garage without crossing over onto Lot 196. The previous variance obtained in 1973 was made before the house was built. Applicant located the garage and driveway so as to provide sufficient room for maneuvering but has found over the years that the plans were inadequate. She has therefore been crossing over onto Lot 196; but if she sells that lot, she would be unable to continue to do so. 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 of the location of the house and garage on this lot. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because most of the surrounding lots are comparable in size to the size of Lot 196 if this variance were to be granted, and many have similar frontage. ) SS ......... > ....... COUNTY OF SUFFOLK ) Signatur/~ ~ Ann Helen Sarnowski Sworn:,t~o this ........ ~. .............. !.~.. ................ day of ............ ./..1~]~..$ .............................. 1978 '/' ' Notary Pubhc .. C, Sh.e .................................V ~uetlfl,KI in BOARD OF APPEALS. T~WN OF SOUTHOLD In the Matter of the Petition of : ANN HELEN SARNOWSKI : to the Board of Appeals of the. Town of Southold : NOTICE TO: Mr. & Mrs. William J. Brunet Honorah McF lemming Edward L. Wenz YOU ARE HEREBY GIVEN NOTICE: ) k i. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~F~J~F~Ki~~x~Y~3i~I~ 2. That the property which is the subject of the Petition is located adjacent to .your property and is described as follows: Lot #196, Map of Nassau Point, 01d Cove Road, Cutchogue, New York 3. That the property which is the subject of such Petition is located in the fo]lowing zoning district: "A" Residential and Agricultural 4. That by such Petition, the undersigned will request the following relief: To reduce the frontage of Lot 196 to 106.98 feet. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the undersigned are: Article III 100-30 and Bulk Schedule 6. That within five days from the date hereof, a xvritten Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ~nay 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 ~late 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: August 14, 1978 Petitioner - Ann ~en Sarnowski Post Office Address: Old Cove Road Cutchogue, New York 11935 NAME PROOF OF MAILING OF NOTICE ADDRESS Mr. & Mrs. William J. Brunet Honorah McFlemming Mr. Edward L. Wenz 184 Marcellus Road Mineola, NY 11501 55 Liberty Street New York, NY 10005 1020 Vanston Road Cutchogue, NY 11935 No. 431143 GEIP' R~CEIPT FOP, GI=RTIFIED MAIL ~ I:gR INIE##AllONAI MAIL (See Reverse) ~ENT TO STREET ANO NO pOSTAG~ I ~ CERTIFIED FEE ~ SPECIAL DEUVERY  RESTRICTED DELIVERY DATE DELIVERED ~ ~ ~ ANOADDRESSOF RI.T.RM PRRRmON~ , residing at 903 Main Street Greenport, New York , being duly sworn, deposes and says that on the 14th day of August , 1978 , deponenl mai]ed a lrue copy of the Notice set forth on lhe reverse side hereof, directed lo each of lhe above-named persons at the addresses set opposile their respective nan]es; that lhe addresses scl opposite the nan%es of said persons are the addresses of said persons as show]] on lhe currenl assessment roll of the Town of Southold; that said Notices ~v'ere mailed at the United Siates ]Post Office at Matt]tuck, New York ; that said Notices were mailed to each of said persons by (certified) ]~~k mail. Ellen Preston Sworn to before hie this 14th day of August , 1978 Notary Public DoRoTHY .... ®~ in Nassau L Bt~OADWA I'ERS CO VE TOWN OF $OUTHOLD 12 31.4 62'