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HomeMy WebLinkAbout2455 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2455 Dated July 21, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Harold and Loretta Schwerdt 2720 Cedar Avenue Southold, New York 11971 Appellant at a meeting of the Zoning Board of Appeals on August 17, was considered and the action indicated beinw was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance C~ ) Request for a variance to the Zoning Ordinance ( ) 1978 the appeal I. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be comfirmed because 8:10 P.M. (D.S.T.) Upon application of Harold and Loretta Schwerdt, 2720 Cedar Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct a two car garage with two rooms above the garage with insufficient side yard setback. Location of property: Oak and Cedar Avenue, Goose Bay Estate, Lots 192, 193, 194 and 195, Southold, New York. g. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (wonid) (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 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 SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APP V ) be denied and After investigation and inspection the Board finds that the applicant requests permission to construct a two-car garage with two bedrooms above the garage and requires the side yard reduced to 7 feet 3 inches. The findings of the Board are that the appli- cant wishes to enlarge his present house with the garage and two bedrooms. There will be no reduction of the front yard setback. The neighbors immediately adjoining have extended their approval of this addition. 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 dis- trict; and the variance will not change the character of the neigh- borhood and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED that Harold and Loretta Schwerdt, 2720 Cedar Avenue, $outhold, New York, be GRANTED permission to construct a two-car garage with two rooms above with insufficient side yard setback. Location of property: Oak and Cedar Avenues, Goose Bay Estates, Lots 192, 193, 194, and 195, Southold, New York, upon the following conditions. (1) The addition to the house may not be closer than 7 feet 3 inches to the easterly side yard. (2) There shall be no use of this enlarged residence for two families. (3) No cooking facilities are to be in the enlarged facilities. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. T~ SOU'iiI.'~LD /OV;H CL~]K ~ To~ Clerk, Town of Southold Legal Notice of Hearings -2- August 17, 1978 7:50 P.M. North Street, Cutchogue, New York (Gary F. Olsen, Esq.) special exception to the Zoning Ordinance, Article III, 100-30 C for permission to erect an off-premises sign. (D.S.T.) Upon application of Jacqueline Penney, for a Section Location of property: North Street and Main Road, Cutchogue, bounded on the north by Cutchogue School District; east by Albert H. Orlowski; south by Zina Chugin; west by North Street. 8:00 P.M. (D.S.T.) Upon application of Donald and Virginia Leden, 156 Sterling Avenue, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct a house with insufficient front yard setback. Location of property: Madison Street, Greenport, east by Ozarowski; Madison Street. 8:10 P.M. New York, bounded on the north by Simyonoglu; south by Mazzaferro and others; west by (D.S.T.) Upon application of Harold and Loretta Schwerdt, 2720 Cedar Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct a two car garage with two rooms above the garage with insufficient side yard setgack. Location of property: Oak and Cedar Avenues, Goose Bay Estates, Lots 192, 193, 194 and 195, Southold, New York. 8:20 P.M. (D.S.T.) Upon application of John Baxter, 27 Wilt- shire Drive, Worcester, Massachusetts (Abigail A. Wickham, Esq.), for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Main Road, Cutchogue, New York, bounded on the north by Sacred Heart Church; east by Scared Heart Church, Sarnowski and Madzelan; south by Main Road; west by Presbyterian Church, Cornell, and Twin Ponds Construction, Inc. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of ae Town Law and the ~rovisioes of the Amended ~ullding Zone Ordinance of he Town of Southold, New t'erk, public hearings will be ~eld by the Zoning Board of appeals at the Town ball, ~lain Road, Southold, New fork, on Thursday, August 17, .978, on the following appeals: 7:30 P.M. (D.S.T.) Upon rpplication of Joan L. Tson- .akis, Breakwater Road, ~Iattituck, New York, (Gary ?. Olsen, Esq.) for a variance ~n accordance with the Zoning 3rdinance, Article III, Section 100-31 and Bulk Schedule for ~ermlssinn to divide property. Location of property: Break- · ater Road, Mattiinck, New York, bounded on the north by ~ound Road Estates, Inc.; east 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 variance in accordance with the Zoning Ordinance, Article HI, Sec- tions 100-32 and 100-41 and Bulk Schedule to bave a swimming pool in the front yard. Location of property: Breakwater Road, Mattituck, New York, bounded on the north by Sound Road Estates, Inc.; east by Roesch 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 09th Street, New York, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct a dwelling with insufficient front yard set~ back. Location of property: Bayberry Road and Bridge Lane, Nassau Point, Cut- chogue, New York, bounded on the north by Hillmer; east by Hlllmer; south by Bridge Lane and west by Bayberry Read. 7:50 P.M. (D.S.T.) Upon application of Jacqueline Penney, North Street, Cut- chogue, New York (Gary F. Olsnn, Esq.) for a special exception to the Zoning Or- dinance, Article III, Section 100-30 C for permission to erect an off-premises sign. Location of property: North Street and Main Road, Cut- chogna, bounded on the north by Cutchogue School District; east by Albert ti. Orlewski; south by Zina Chugin; west by North Street. 8:00 P.M. (D.S.T.) Upon application of Donald and Virginia Leden, 156 Sterling Avenue, Grecnport, New York, for a variance in ac- cerdance with the Zoning Ordinance, Article III, Section 10031 and Bulk Schedule for permission to construct a te with insufficient front :1 setback. Location of perry: Madison Street, enport, New York, nded on the north by ~yonoglu; east by ~rowski; south by Maz- erro and others; west by dison Street. :10 P.M. (D.S.T.) Up? dieation of Harold and · etta Sehwerdt, 2720 Cedar ~nue, Seuthold, New York, a variance in accordance h the Zoning Ordinance, :icle III, Secfioa 100-31 and lk Schedule for permission construct a two car garage th two rooms above the .rage with insufficient side trd setback. Location of · operty: Oak and Cedar venues, Goose Bay Estates, ets 192, 193, 194 and 195, outhold, New York. ~mmmJ 0:20 P.M. (D.S.T.) Upon ,pplieation of John Baxter, 27 Niltshire Drive, Worcester, ~Iassachusetts (Abigail A. Wickbam, Esq.), for a variance to the Zoning Or- ,dinance, Article III, Section 100-3O and Bulk Scbadule and for a variance in accordance with the Town Law, Section 23OA for approval of access. Location of property: Main Road, Cutchogue, New York, baunded on the north by Sacred Heart Church; east by Sacred Heart Church, Sar- nowski and Madzelan; south by Main Road; west by Presbyterian Church, Col'nell, and Twin Ponds Construg~i~m 0:35 P.M. (D~$.T.)~ ~ application of J'O~ lkh Cherepowich, Gillette Drive, East Marion New Y~:ffor a vamance in accordance with the Zoning Ordinancg; ~cl~. III, Section 100-3~.:~ Bulk Schedule for ~1~1~;1~ extend garage,~ ~[~.~.!~ sufficient front yarcl~ i'~ Location of property:' ~]~.~0~ :~ 21, Marion Manor, ' 'E~ii Marion, New York. 0:45 P.M. (D.S.T.) Upon application of Arthur W. Lee, 246 West 8th Str~Deer Park, New York, ~r 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. Mulvihlll. 9:00 P.M. (D.S.T.) Upon application of Marion M. Roussin, General Delivery, Seuthold, 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, Seathold, New York, bounded on the north by Halbauer; east by Private Road; south by-Soundview Avenue; west by Young. Dated: August 7, 197~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA10-3040 COUNTY OF SUFFOLK, ] STAT~ OF NEW YORK, ~ ss: ........... ................... heing duly Sworn. says that . .!. ~ .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said count¥~ and that the notice, of which the annexed is ~ printed copy, has been published in the ~aid Suffolk Weekl~ Times in for . ' ~' ;'""~ ................. weeks successivr, l¥ eommeucing on the ...ii~ ..................... day Sworn to before me this .... ..... application of Donald and Virginia Leden, 156 Sterling Avenue, Greenport, New York, for a variance in accord- ance with the Zoning Ordi- nance, Article Ill, Section 100-31 and Bulk Schedule for permission to construct a house with insufficient front yard setback. Location of property: Madison Street, Greenport, New York, bound- ed on the north by Simyono- glu; east by Ozarowski; south by Mazzaferro and others; west by Madison Street. 8:10 p.m. {D.S.T.) UponI appicat on of Haro d and Loretta Scherdt,~ 2720 Cedar Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Schedule for permission to construct a two car garage with two rooms above the garage with insufficient side yard setback. Location of property: Oak and Cedar Avenues, Goose Bay Estates, Lots 192, 193, 194 and 195, Southold, New York. 8:20 p.m. (D.S.T.) Upon application of John Baxter, 27 Wiltshire Drive, Worcester, Massachusetts (Abigail A. Wickham, Esq.), for a vari- ance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and for a variance in accordance with the Town Law, Section 280A for approval of access. Lo- cation of property: Main Road, Cutchogue, New Yock, bound- ed on the north side by Sacred 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 II1, 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 8th' 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 Laurcl Lake; west by J. Mulvihill. 9:00 p.m. (D.S.T.) Upon application of Marion M. Roussin. General Delivery. FOR3~ ~O. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ............ .24.5.5 ........................................... Date ............................ J~cJ~S~,..7. r ...... , 19..7.8. ¥o ....... Hz:A...and..Mra ...}larold..~qchwardt ............. ~.7. ~.(L. C:edar.. Av. emu~ ......................... ............. $.outhnlcl ,.. NOM.. ~f~rk.... 1 ]-971 ...... PI_EASE TAKE NOTICE that your application dated ................. Ju1.~..2~1.~ ................ , 19..7~.. with 2 rooms above for permit to construct a...2..~:ar...garag,~/.....at the premises located at ...O~l~..~.ud...Cedar.. .............. Av.e~ue.,...~outhnlcl.,..New....x~e~x York. Map .................................... Block ............................................ hot. 192 .-. 1~15...XZ~ClU ~Lve ..... is Buildin§ Inspector George H. Fisher TOWN OF J~i~. NEW YORK .IA~I'~qA .qO:l 1408.A:1~ APPEAL FRO~ DI~JSI. OIsI OF BUILDING INSPE,C, TOR APPEAL NO.,~z/ · TO THE ZONING BOARD OF APPEALS, TOWN OF S~THOLD, N. Y. 1, (We) L~.T~A.~,..~.~.T ........................... of ..~7.~Q..G~R~.A~R~e ........................................ Name of Appella,nt : Street and Numar ............... ~S~s.t{-~eld. ~ ............................................................ Municipality ..... N,.Y., ................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE B~ilLDING INSPECTOR ON // APPLICATION FOR PERMIT NO ..................................... DATED ....~/.~;..~...<~ / Name of Applicant for permit of Street and Number Municipali~ State ( ) PERMIT TO USE ~(. i ,~RMT FO~0CCUPANCY ~ ~ , . ~ ]. LOCATION OF THE PROPERTY ......... ~..~..a...n.~d....C~.e..d..a.~...A.y..e~'q~q.e~.s.~".q.°..°~.e....B..a.~.~.~h~1d Street Use District on Zoning Map ~ Mop No. Lot No. section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ;'A VArIANCE't0 ~'J~e~Zdn nD Ord naF/ce or ~on ng Map , ( PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- A VARIANCE due to lack of access (State of New~¥Or~ J~aw~al~ ~6~. tens: ~aws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ]g~lg (has not) been made'with reSPect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance build a two car garage With two rooms above wh_ichwill extend 7' 3" from the property line. Form ZB1 (Continue o ,n., .o. ~h. ~ ~. ,s.i,cJ e. ) REASON FOR APPEAL Continued 1. STRICT APPLICATION OFTHEORDINANCEwou~ produce practical difficu#iesm'unneces- saryHARDSHIPbe~ou~ we require the space in the garage for our cars and the rooms above to accommodate our family of four. 2. The hardship created is UNIQUE and is nee shared by all prepmties alike in the immediate vicini~ of this properly end in this u~ diltfict b~c~me most of the homes in the area have garages as well as ample living space whereas our house is very small with l~mited space. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANC~ THE CHARACTER OF THE DISTRICT becmae we intend to improve our houae im good taa:e by adding a two car garage with 2 rooms above to conform with the rest of the house. STATE OF NEw YORK ) ) COUNTY OF SUFFOLK ) RE: HAROLD P. SCHWERDT HAROLD P. SCHWERDT 21st Sworn to this .............................................. doy of ....................... ~T~lf~ ........................ 19 78 LORE'ITA R. SCHW~RDT Notar/Public, State of New York - /~/_ NO. 52-8882150 ":'"' ................ i,', gii ................. STATE OF NEW YORK) eOUNTY OF SUFFOLK)SS RE: .LORETTA R. SC_~WRRn~ Sworn to before me this 21st day of July, 1978. HA~O~ p. ~ Notary Public, State ef New Ye~ I~. ~i~4862135 . Suffolk ~U~ ~otary Public Town of Southold Board of Appeals Suffolk County Department of Planning H. Lee Dennison F::ecutJ. ve Cffice Building Veterans ~emoriai Highway Hauppauge~ ~Tew York 11707 (516) 979-2918 August 28, 1978 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications ~i~h have been referred to 'the Suffolk County Plann!nM Commission are considered to be a natter for local determination. A decision of lo¢al determ/natton should not be construed as either an approval or a disapproval. Applicant Humicipal Fil~ ~,,~ber Mr. &Mrs. Harold Schwerdt 2455 Mr. & Mrs. Tho~.-~ A. Futile 2461 Very truly yours~ Lee ~. %oDpelrmn ~irector of PlanninM GG1;:Jk Geraid G. Chief Planner TOWN CLERK Building Dept. Planning Bd. Board of Appoals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 765-3783 765-2660 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the . ,Boar~ .of. Appeals ................ of the town of .... Solltholl;~l. ................ (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 .... .](. ........ Variances Location of affected 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 ..... X ........ 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 Commen~: Applicant was granted permissiontto enlarge house and having addition ? feet 3 inches from side yard line. (signed) Robert W. Gillispie, Jr. Chairman T/de Date received by Suffolk County Planning Commission .................................................................................... File No ................................. © O JOHN R. LAFiBERT,,JR. Aug. 1, 1978 Board of Appeals Town of Southold Main Road Southold, N.Y. 11971 This will advise you that we, the undersigned, have recieved notice and have no objection to the variance petition filed by Harold and Loretta Schwerdt to build a two-car garage, with two rooms above, which will extend 7'3" from our property line. cc: Very truly yours, Rudolph H. Bruer Harold and Loretta Schwerdt Mr. & Mrs. John R. Im~rt, Jr. Go~e Bay S~uthold, NY 11971 nsr~JRL JUDITH T. TERRY TOWN CLERK P~EGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 July 26, 1978 To: Southold Tow~ Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is appeal No. 2455, application of Harold P. Schwerdt and Loretta R. Schwerdt for a variance. Also included is notification to the following adjoining property owners: John Lambert and Mary Ann Lambert. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : : HAROLD P. SCHWERDT a~d Loretta R. SCHWERD.T, ~[~h~o~afd of Appeals of the Town of Southold : TO: JOHN LAMBERT and MARY ANN LAMBERT 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) (~~) (~) (the following relief: rn h,tl~l a 2 ~ar garage with 2 rooms above which will extend 7' 3" from the property line. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: o ~?_e ~:~m-~ly 1~ ~-~ry ~:r~m~ ~l~11'ing. 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: T 7' 3" from the property line. 5. Thatthe provisions ofthe Southold Town Zoning Code applicable to the reliefsought by the under- signed are: , . 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: ..ly 21, 1978 Petitioner Post Office Address 2720 Oedar Avenue Southold, N. Y. 11971 PROOF OF MAILING OF NOTICE NAME ADDRESS JOHN LAI~ERT and MARY Ai~ LAI~ERT c/o Doyle Dane Bernbach Inc. Advertising 437 Madison Avenue New York, N. Y. 10022 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ................ , residing at , oe~ng euw sworn, eepose~ ane sayl ma~ on t~ ~ G day of .T. 1 y ,1~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named pemons at the addresses set opposite thMr respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment ~o1[ of the Town of Southold; that ~id Notices were mailed at the United States Post rice at 6 o ~,~ ~ ~ ~ v ; that said Notices were mailed to each of said persons by (certified) (~-~ai]:- -' Sworn to before me this -~ ~ day of July ,19 7g Notary Public HAROL0 '. ~Yo~ a public, State 0] ~erm ~ires Mamh 30, I t I i ',4? '4 Creek t5o'/ Ill 16 J5 26 17 2.4 A J9 -~ Z4 EO 2;) (30') NOTICE Revisions (~ COUNTY OF SUFFO Real Property Tax Service ~iverneoc New Yor L