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HomeMy WebLinkAbout2448 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~qG BOARJ) OF APPEALS Appeal No. 2448 Dated July 7, 1978 ACTION OF TI~E ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Joan L. Tsontakis 239 Breakwater Road Mattituck, New York 11952 DATE.....~g~ 4, 1978 Appellant at a meeting of the Zoning Board of Appeals on J%tly 27, was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ) Request for a special exception under the Zoning Ordinance ) Request for a variance to the Zoning Ordinance ) 1978 the appeal 1. 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 confirmed because 8:55 P.M. (D.S.T.) Upon application of Joan L. Tsontakis, 239 Breakwater Road, Mattituck, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Breakwater Road, Mattituck, New York, bounded on the north by Sound Road Estates, Inc.; east by Roesch and Wilson; south by Car- penter; west by Johnson. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties (b) The hardship created (is) (is not) un/que 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 (xvould 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. SEE REVERSE FORM ZB4 PPROVF D / / ~-- I q ~' __ ZON~NG BOAi{D OF APPEALS ) be denied and After investigation and inspection the Board finds that the applicant requests recognition of access to a parcel of land containing 40,000 square feet. This parcel is presently under contract to the neighbors to the east. The Board finds that strict application of the Ordinance will 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. Grigonis, seconded by Mr. Tuthill, it was RESOLVED that Joan L. Tsontakis, 239 Breakwater Road, Mattituck, New York, be GRANTED recognition of access. 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 and west by Johnson. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. RECEIVED AND FILED BY THE SOUTHOLD ?O¥;N CLE}~/~ DATE ~/~?/7~ To~ Oerk, To~ of ~uthold Legal Notices of Hearings -3- July 27, 1978 ~ 8:55 P.M. (D.S.T.) Upon application of Joan L. Tsontakis, 239 Breakwater Road, Mattituck, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. 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; and west by Johnson. / ~ 9:10 P.M. (D.S.T.) Upon application of Long Island Vineyards, Inc., Alvah's Lane, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100- 30A (2) (a) (1) for permission to use a building for display and retail use larger than is allowed. Location of property: County Road 27, Cutchogue, New York, bounded on the north by Middle Road; east by R. Simchick; Ovisinak. Dated: July 17, 1978 south by Isaacs and Aud; west by BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE (1) JULY 20, 1978, AND FORWARD ELEVEN (11) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK, PRIOR TO THE JULY 27, 1978, MEEING. J~l Copies mailed to the following on 8, 1978: Raymond Kirsch James F. McFarland Mr. and Mrs. Kenneth Newman Beverly Andrews Mr. and Mrs. Edward Adams Southold Rotary Club St. Peters Lutheran Church Helen Weevnik Joan L. Tsontakis Long Island Vineyards, Inc. ,,H, I I Ill Il Ill~ll il~ I 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 Bnara ox Appeals at the Town Hall, Main Road, Southofd, Ne~w York, on Thursday, July 1978, on the following appeals: 7:30 P.M. (D.S.T.) Upon application of Raymond Kirsch, 1551 Williams Bridge Rnsd, Bronx, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct ac- cessory building in front yard area. Location of prope.rty: Private road off Bay~ew Road, Southold, New York, bounded on the north by right- of-way; east by V. Laderk; south by Corey Creek; west by K. Isles. ?:/0 P.M. (D.S.T.) Upon application of James F. Floral Park, New York, for..~a variance in accordance vnm the Zoning Ordinance, Article III, Section 100-32 and, Bulk Schedule to place a stor.a, gne shed in the side yard. Locat~o of property: Little Pedonic Bay, Cutchogue, New York. Lot No. 236 and part of lot No. 235 on Map A of"Nassau Point Properties." I:00 P.M. (D.S.T.) Upon application of Kenneth and Jerie Newman, Private Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and bulk Schedule to construct a detached garage in the side yard. Location of l~ro0ertY: Private Road, Orient, N.ew York, bounded on the north ny E. W. Latham; east by E. E. Luce, Jr.; south by School Disirict No. 2; west by M. 8:10 P.M. (D.S.T.) Upon applioatioa of Beverly An- . drews, 87 Edward Street, R0/lyn Height, NeW~/ork,"for a variance in accordance with the Zoning Ordinance, Article III, Section 100-~0 and Bulk Schedule to divide property with insufficient frontage. Location of property: Grand Avenue, Mattitack, New York, bounded on the north by Jemmot~] east by Young; south by Maple Avenue; and west by Grand Avenue. 8:20 P.M. (D.S.T.) Upon application of Mr. and Mrs. Edward Adams, 4055 New SUffolk Avenue, Mattituck, New-York, for a variance in accordance with the Zoning Ordinance, Article III, Secti~ 100-32 and Bulk Schedule to construct an underground swimming pool in the front yard. Location of property: New Suffolk Avenue, Mat- tithck, New York, boanded:ou the north by A. Mileski; east by H. Sacks; south by N~ew Suffolk Avenue; and west by Maratoeka Road. 8:30 P.M. (D.S.T.) Upon application of Scuthold Rotary Club, Soutbold, New York, for a slpeclal exception to the Zoning Ordinance', Article III, Section 100-30 C 6 f for per- mission to erect an ni~f, premises sign: Lecatio~ ~ property: Triau~le Soutbold, New y~rk, ~ on the north by Lower ~t~ ~; east by H. A. Goldsmit~mth by Main Road and west Lower Road. 8:35 P.M. (D.S.T.) UpOn application of St. Peter's Lutheran Church, Main Road, Greenport, New york. for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for per- mission to erect an off- premises sign on property of Case. Location o~ property: Middle Road, Cutchogue, New York, bounded on the north by Middle Road; east by J. Townsend, Jr.; south by Long Island Bailrnad; west by J. Bsdneski, Jr. 8'40 PM (D.S.T) Upon ap~licati'~n' of St. Peter's. Lutheran Church, Main Road, G¥cenport, Ncw york, for special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for per- mission to erect an off- premises sign on prope~ertyrtof Oisen. Location of prope Y: Route 25, Mattituck, New York, bounded on the nooth by Main Read (S. R. 25); east by S. Kander; south by K. B. Tuthill; west by H. Pollak. 6:45 P.M. (D.S.T.) Upon application of Helen Weevnik, Cedl~al Drive, Mattituck, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for ~Pviermission to divide property th insufficient area and frontage. Location of proppr- ty: Lots Nos. 140 and 147 Map No. 1672, Captain Kidd Estates, Matt~tuck, New York. 8~55 P.M. (D.S.T.) Upon application of Joan L. Upon application of Joan L. Tsontakis, 239 Breakwater Road, Mattituck, New York, for a variance in accordance with the Town haw, Sedttan 2~0A for approval of access. Location of property: Break- water Road, Mattituck, York, bounded on the north y Sound Read Estates, Inc.; east by Rcesch and wilson; south by Carpenter; and west by Johnson. 9:10 P.M. (D.S.T.) Upon application of Long Island Vineyards, Inc., Alvah's'Lane, Cutcho~ue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30A (2) (a)(1) for permission to use a building for display and retail use larger than is allowe~. Location of property: Coumy Road 27, Cutchogue, .N~ York, bounded on the norm y Middle Road; east by R. Simchick; south by Isaacs and Aud; west by Ovisinak. Dated: July 17, 1979 BY ORDER OF THE sOUTHOLD TOWN BOARD OF APPEALS 1TJ20-3028 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: T~OY GUSTAVSON being duly Sworn, says that ...H~..... is Printer and Publishe~ of t~e SUFFOLK WEEKLY TIMES, a newspaper publ/shed at Greenpo~t, in said county: and that the notic~, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekly/ Times 01~ weeks once in each week, for ........................... successively commencing on the ....... 'i~JENT;IETtt ....... day of ...... ,~]2~/, . .~ .~_:_~19..7. 8 · . .... ....................... to before me tl~s/., .-~../. .... .. .... day of C'l~b, Southold~ New York, for a special exception to the Zoning Ordinance, Article 111, Section 100-30 C 6 f for permission to erect an off- premises sign. Location of property: Triangle Park, Southold, New York, bounded on the north by Lower Road; east by H.A. Goldsmith; south by Main Road and west by Lower Road. 8:3S p.m. (D.S.T.) Upon application of St. Peters Lu- theran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article Ill, Section 100-30 C 6 f for permission to erect an off-premises sign on property of Case. Location of property: Middle Road, Cut- chogue, New York, bounded on the north by Middle Road; east by J. Townsend, Jr.; so~lth by Long Island Railroad; west by J. Bednoski, Jr. 8:40 p.m. (D.S.T.) Upon application of St. Peters Lu- theran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article IH, Section 100-30 C 6 f for permission to ereCt an off-premises sign on property of Olsen. Location of property: Route 25, Mattituck, New York, bounded on the north by Main Road (S.R. east by S. Kander; south by K.B. Tuthill; west by H. Pollak. 8:4S p.m. (D.S.T.) Upon application of Helen Weevnik, Central Drive, Mattituck, New York, for a variance in accord- ance with the Zoning Ordio nance, Article ltl Section 100-30 and Bulk Schedule for permission to divide property with insuitlcient area and frontage. Location of property: Lots No. 140 and 147 Map No. 1672, Captain Kidd Estates, Mattituck, New York. Laki~s 239 Breakwater Road, Mattituck, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Lo- cation of property: Breakwater Road, Mattituck, New York, bounded on the north by Sound Road Estates, Inc.; east by Roesch and Wilson; south by Carpenter; and west by Johnson. 9:10 p.m. (D.S.T.) Upon application of Long Island Vineyards, Inc., Alvah's Lane, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article ltl Section 100-30A (2) (a) (1) for permission to use a build- ing for display and retail use larger than is allowed. Lo- cation of property: County Road 27, Cutchogue, New York, bounded on the north by Middle Road; east by R. Simchlck; south by Isaacs and Aud; west by Ovisinak. Dated: July 17, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T - 7/20 (566) FOKM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .......... 2444 ............................................. Date ............................ J~,J..y..,J,~.~ ......... , 19.."/8. ............. 2.39A..2roaJ~&ter...Roacl .................. ............. Ma~.t:L.t. ll=k.,...N~w...Yo=l~ .... 1~ 952 .... PLEASE TAKE NOTICE that your application doted ...................... JlJl~,...~r ............. , 19..?.8.. for Rjj~j~~...°..~...~.q~,~.,~..~ ................ at the premises located at ...... M~tt~tl~Q}~ r .. ~; ..¥O~k ................. Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ....~_?~........,~......T~.....~ ............. ............ ~......~ ........ ~f~. ....... ~ ...... ~:./..~:...'.~. ....... .g...Z~7 ........... 1000-106-8-52 ~//-/ Building Inspector George Fisher O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ zT/z7/ 0~' DATE ....~..Z.~... ~.,Z~.. ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) J.o..~.n...~,...T~..o.n.t.~.~ ............................ of .....3.3..9...~...~.¢.~.~.~.~.~.e.~..~'°'~'.d., ....................... Name of Appella,nt Street and Number ............. ;.....~[~t~U~ .................... ; ....................... ~ ............... ~e.W..~Z']C..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .~.~~;~..~ ....... WHEREBY THE BUILDING INSPECTOR DENIED TO '7//7/7Z' ................. ~oa, a. L... ~s,o, at~k~a ........................... Name of Applicant for permit of .~.3. ~..4.. ~ n .e.~ .k..w.~.t..e..r... ~.o..~!,...~..t.t.~.~..e...k., ................... ~..e...w.. ~.o...r..k. .................... Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY (X) Access Variance '1. LOCATION OF THE PROPERTY Bregk~.a~e~. Street Use District on Zoning Map lv~ap 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.) 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 Jb~:~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 is requested for the reason that (Continue on other side) REASON FOR APPEAL O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant is owner of 2,306 acres and is under contract to sell approximately 1 1/4 acres having frontage on Breakwater Road. The re- maining 40, 000 sqUare feet is an interior parcel for which this access Variance .is requested. One proposed access would be 15 feet in width a~ shown on the survey submitted with this application. The barn on the 40, 000 square foot parcel is under a l,.ease to Robert A. Roesch (husband of adjoining land owner) with an option to purchase until June 30, 1983, and recorded Liber 8085 Page 578. 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 a 40,000 square foot interior parcel is subject to an optiom to purchas,e and access is necessary to Breakwater Road. The shape of the applicant's property makes a Variance Application necesaary. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because access is necessary to an interior parcel. The granting of the Variance would not bbange the character of the neighborhood. Joan Tson* kis~~/~ ~ ) ss ............................................. ~'. ........ COUNTY OF SUFFOI.~ bYGa Fl~e OlSe'-'~ry~-a'//r~'gnmu' n, as attorney. Sworn to this .............................................. day of ............. July ................................... 19 78 XXX 1802 XXXXXXXXXXX July 27, 1978 Gary Flanner Olsen, Esq. Main Road Mattituck, New York 11952 Re: Joan L. Tsontakis Dear Sir= This will confirm your telephone conversation of this morning with our office that the Board of Appeals at its August 17, 1978, meeting will grant a divi*ion of property and recognition of access variance relative to property located on Breakwater Road, Mattituck, New York, presently owned by Joan L. Tsontakis. Your~rl~ ly, · GILLISPIE, JR. RWG=bcc JUDITH T. TERRY TOWN CLERK P~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 July 6, 1978 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewit~ is Zoning Appeal No, 2448, application of.Joan.L. Tsontakis for a variance. Also included are notification to a~joinlng propert owners as follows: Barbara T. Roesch, Breakwater Rd., Mattituck, N.Y.; George & Blanche Wilson, 10 Radburn Rd., Commack, N.Y. ; Billy & Cathleen Carpenter, Cox Neck Rd., Mattituck, N.Y.; Willian & Geanne Johnson, Cox Neck Road, Mattituck, N.Y.; Sound Road Estates, Inc., Box 791,Rt.27, Mattituck,N.Y. JTT/bn cc:file Enc./ GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 · MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 11952 · ~:~HONE 516 298-4844 July 7, 1978 Re: Tsontakis to Schubert File # 2335 Dear Mrs. Conroy: Enclosed herewith please find.~c~rtified mail receipts for notification to adjoining lando/~ners ~m re the above captioned matter. / Very/ruly yours, --GAI~ ,~ER OLSEN GFO/mrc encls, Southold Zoning Board of Appeals Main Road Southoldo New York 11971 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of JOAN L. TSONTAKIS to the Board of Appeals of the Town of Southold TO: Barbara T. Roesch George and Blanche Wilson Billy and Cathleen Carpenter Williarn and Geanne Johnson Sound Road Estates, Inc. YOU ARE HEREBY GIVEN NOTICE: 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) (Special Exception) (Special Permit) (the following relief: Access variance 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: North bY Sound Road Estates, Inc?; East lay Roesch and Wilson; South by Carpenter; West by Johnson 3. That the property which is the subject of such Petition is located in the following zoning district: A gricultural-Re sid ential 4. That by such Petition, the undersigned will request the following relief: Access Variance 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought 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 da sy~J~rior to the date of s.u.ch hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchn~n, n~wspapers published in the Town of Southold and designated for the publication of such r~otices; that y96 or your representative have the right to appear and be heard at such hearing. '~ /~/~ Pett~oner- ~ ~'i~a~l et~t~lsen, Esq--'---~'---'. Post Office Address Box 38, Main Road Mattituck, New York 11952 NAME Barbara T. Roesch George and Blanche Wilson Billy and Cathleen Carpenter William and Geanne Johnson Sound Road Estates, Inc. PROOF OF MAILING OF NOTICE ADDRESS Breakwater Road, Mattitu~k, New York 11952 10 Radburn Road, Comrnack, New York 11725 Cox Neck Road, Mattituck, New York 11952 Cox Neck Road, Mattituck, New York 11952 Box 791, Route 27, Mattituck, New York 11952 RECEIPT FOR CERTIFIED MAIL Barbara Roesch STREET AND NO. ~r~akwate~r.Road P.0. STATE AND ZiP CODE Mattituck, ~[e.w_._York 11952 "-OPTIONAL SERVICES FOR AODITIONAL FEES ~' SERVICES · Wmth r~tricted dehve~Y I~je~i RESTRICTED DELIVERY j~ J PS Form Jan. 19763800 NO INSURANCE COVERAGE PROVIDED-- (See other NOT FOR INTERNATIONAL MAIL STATE OFNEW YORK ) COUNTY OF SUFFOLK) SS.: Gary Flanner Olsen , residin~at Main Road./~attituck. New York 11952 , being duly sworn, deposes aj~d say~ that on the 6th day of .Tl~ly ,1978 , deponent mailed a true copy or, he No! ce set forth on the re- verse side hereof, directed to each of. the above-named person~at the addresses~et oppc ire thoir respective names; that the addresses set opposite the names of said persons are the addre ~esof sag. persons as shown on the current assessment roll of the Town of Southold; that said Notices were i aile.o~at ~ .~.nited States Post Of- ; that said Notices wer/e n~i~d to/ ach of said persons by rice at Mattituck. New York (certified) (registered) mail. Sworn to before me this 6th day of ,~ July .19 78 Nol~ Public -~-'-"~ MARY R. CURRY Notar/ PubJic, State of NOW No. 52-08304J0 Term Ex pi~e~ no~ formerly Stanley 12, 500 ~ ~Areo = 2. 306 -Acres cox ~8 \ \ \ 49 8.3 A (c) FOR PARCEL NO. SEE SEC NO H3 ?"/~A ~-- 02-001_. · c. Z' b Legend IZ.Z A(c) 48 47~. ~ 2.0A(~ ~ 51 ' I.SA(c) 6 7ol 81 7.3 Revision: ./ TITLE NO. 1281290 , Or 40,000 sq fl formerlY StooleY S/an/eX Sledziesk/ / / / sledZieski coY. NOTE~ · = MONUMENF .EWSIO.S YOUNG & YOUNG SEP~ 19731 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK SURVEY FOR: ROBERT ROESCH 8~ BARBARA '[ ~~ *' mATTITUCK TITLE NO. S - 263778 -- £. $OG' Acres 643 COX N~-CKROAD YOUNG & YOUNG ~URVEY FOE): ALBERT ?. 8YLVIA ~ JOAN L. SYLV~