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HomeMy WebLinkAbout2459 TOWN OF SOUTHOLD, NEW YORK AC~IO~ OF THE ZONING ]~OAKD OF APPEALS Appeal No. 2459 DaSd July 27, 1978 ACTION OF T~ ZONING BOARD OF APPE~S OF ~E TO~ OF SOUTHOLD To Joan L. Tson%akis (Gary F. Olsen, Esq.) Breakwater Road Mattituck, New York 11952 DATE~.~9.~.~er 6, 197: Appellant at a meeting of the Zoning Board of Appeals on August 17, 1978 was considered and the action indicated below was taken on your ( ) Request for variance due to ]ack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ~ Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL, EXCEPTION. By resolution of ~e Board it was determined th~ a special exception ( ) be gra~ed ( ) ~ de.ed pursuant to ~ticle .................... Sect~n .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Bufld~g I~pecinr ( ) be reversed ( ) be co~med b~ause 7:30 P.M. (D.S.T.) Upon application of Joan L. Tsontakis, Breakwater Road, Mattituck, 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 divide property. 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. 2. VARIANCE. By resolution of the Board it ~vas determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be cordirmed ( ) be reversed. SEE REVERSE FORM ZB4 After investigation and inspection the Board finds that the applicant requests permission to divide property. The Board agrees with the reasoning of the applicant who wishes to divide 2.4 acres of property into two parcels. The first parcel will contain 40,000 square feet and have a 15 foot acess to it. The remaining parcel will contain one and one quarter acres. 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 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 Ordinance. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED that Joan L. Tsontakis, Breakwater Road, Mattituck, New York, be GRANTED permission to divide property. 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. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. IH~ 50L~iiCLD TOVfi,? CL~i~K / DATE Town Clerk, Town o~ Sou~hold 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, August 17, 1978, on the following appeals: 7:30 P.M. (D.S.T.) Upon application of Joan L. Tsontakis, Breakwater Road, Mattituck, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the ZoningOrdinance, Article III, Section 100~31 and Bulk Schedule for permission to divide property Location of property: Breakwater Road, Mattituck, New York, bounded on the north by Sound Road Estates, Inc.; ease by Roesch and Wilson; south by Carpenter; west by Johnson. 7:35 P.M. (D.S.T.) Upon application of Joan L. Tsontakis Breakwater Road, Mattituck, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Sections 100-32 and 100-41 and Bulk Schedule to have 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 89th 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 setback. Location of property: Bayverry Road and Bridge Lane, Nassau Point,i Cutchogue, New York, bounded on the north by Hillmer; east by Hillmer; south by Bridge Lane and west by Bayberry Road. LEo NO?fcE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provialons'of the Amended Building Zone Ordinance of the Town of Sonthold, New York, public hearings will be bald by the Zoning Board of Appeals at the Town hall, Main Road, Sonh'~old,-New York, on Tl~ursday, Au~us{: 17 1978, on the following appeals: 7:30 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 Rl, Section 100-31 and Bulk Schedule for permission to divide property. Location of property: Break. water Road, Mattituck, New York, bounded on the north by Sound Road EStates, Inc.; east by Reesch and Wilson; sonth by Carpenter; west by Jol'mson. 7:35 P.M. (D.S.T.) Upon application of Joan L. Tson- i takls Breakwater Road, I Mattiturk, New York, (Gary ~ .F. Olsen, Esq.) for a varianc~ m accordance with the Zoning Ordinance, Article HI, SCc- tio~s 100-32 and 100-41 and Bulk Schedule to have a ~/swinuning pool in the front Byard. Location of property: ~Breakwater Road, MattitUck, ~New York,-bounded on the ,north by Sound Road Estates, ~Inc.; east by Roeach and ,Wilson; south by Carpenter; ~vest by Johnson. 7:45 P.M. (D.S.T.) Upon [ application of Thomas A. and Rosa Fucile, 50 East 89th Street, New York, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article IR, 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, Now York, bounded' on the north by Hillmer; cast by Hillmer; south by Bridge Lane and west by Bayberry Road. 7:50 P.M. (D.S.T.) Upon application of Jacqueline Penney, North Street, Cut- chogue, Now York (Gary F. Olsen, Esq.) for a special exception to the Zonin~ Or- dinanee, Article IH, S~ction 100-30 C for permisalon to erect an' off-premises sign. Location of property: North Street and Main Road, Cut- chogue, bounded on the north house with insufficient front yard setback. Location of property: Madison Street, Greenport, 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 Loretta Schwerdt, 2720 Cedar Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Articie III, Section 10031 and Bulk Schedule for permission to construct a two ear garage with two rooms above the garage with insufficient side yard setback. Location of property: Oak and Cedar Avenues, Goose Bay Estates, Lets 192, 193, 194 and 195, Southold, New York. 8:20 P.M. (D.S.T.) Upon applicatien of John Baxter, 27 Wiltshire Drive, Worcester, Massachusetts ~Abigail A. Wickham, Esq.), for a variance th the Zoning Or- ,dinance, Article III, Section 100-30 and Bulk Scbadale and for a variance in accordance with tba Town Law, Section 2~0A for approval of access. Location of property: Main Read, Cutchogue, New York, bounded on the north by Sacred Heart Church; east by Sacred Heart Church, Sar- nowski and Madzelan; south by Main Road; west by Presbyterian Church, Cornell, and Twin Ponds Constr~¢tion, Inc. 8:35 P.M. (D~S.T.) Upon application of Joseph Cberepewich, Gillette Drive, East Mari~n, New york, for a variance m accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to extend garage With sufficient 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_,~_~.rdance with the Zoning ~e, Article II~, .,S~on 1~ l'~r per- misszon to erect an eight (8) foot fence around property. Location of property: Laurel Lane, Mattithck, 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. Roussia, 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, Sonthold, 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 1TA10-3040 COUI~TY OF SUFFOLR, } STATE OF NEW YORK, ~ ss: ......... ........... s~s that . .. ?~., is Printer and Publisher WEEKLY TIMES, a news~per pub~sh~ ~ county: and ~t the noti~, of which ~e ~ ~PY, ~s ~en published in the ~d Suf~ once in e~ch w~k, ~or . ~:'.~..~.~ ) ........ suc~ssiv~Iy commencing on ~e . ./.,~-~. dq of . .~.~, ~ y~ ..... -: '9 7f ........... e me this .X~...[..~I Uayof .... LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of 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, Southotd, New York, on Thurs- day, August 17, 1978, on the following appeals: 7:30 p.m. (D.S.T.) Upon apialication of Joan 'L. Tson- t~kis, Breakwater R6ad, Matti- tuck, New York, (Gary F. Olsen, Esq.) for a variance ini accordance with the Zoning Ordinance, Article 1II, Section 100-31 and Bulk Schedule for permission to di~/ide property. Location of property: Break- water Road, Mattituck, New York, bounded on the north b3 Smind Road Estates, Inc.; east by Roesch and Wilson; south by Carpenter; west by John- son, 7:35 p.m. (D.S.T.) Upon application, of Joan L. Tson- takis, Breakwater Road, Matti- tuck, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article Ill, Sec- tions 100-32 and 100-41 and Bulk Schedule to have a swimming pool in the front yard. Location of property: Breakwater Road, Mattituck, New York, bounded on the north by Sound Road Estates, nc.; east by Roesch and Nilson; south by Carpenter; est by Johnson. 7:45 p.m. (D.S.T.) Upon application of Thomas A. and Rosa Fucile, 50 East 89th Street, New York, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-31 and Bulk Schedule for permission to construct a dwelling with insuffic!ent front yard setback. Location of property: Bayberry Road and Bridge Lane, Nassau Point, Cutchogue, New York, bounded on the north by Hillmer; east by Hillmer; south by Bridge Lane and west by Bayberry Road. 7:50 p.m. (D.S.T.) Upon application of Jacqueline Pen- ney, North Street, Cutchogue, New-York (Gary F. Olsen, Esq.) for a special exception to the Zoning Ordinance, Article III, Section 100-30 C for permission to erect an off- premises sign. Location of property: North Street and Main Road, Cutchogn.e, bound ed on the north by Cutchogue School District; east by Albert H.. Orlowski; south by Zina Chugin; west b3r Nortfi Street. 8:00 p.m. (D.S.T.) Upon CO~JNTY OF SUFFOLK STATE OF NEVV YORK ss; 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 Count,/; and that the notice of which the annexed is a printed copy, has been published in said Lon~ Island Traveler-Watch- / man once each week for .......... ~. ............................weeks successively, commencing on the ..../..~. .................................  ...................... 19.2..~... (__ ...... .... // Sworn to before me this ........................ day or .................. FORM NO. 3 TOWN OF SOUTI~IOLD BUILDING DEPJ~RTMENT TOWN cLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ......................... -2.4,6.0. .............................. Date ................... A13~g,J.~...?. ................. , 197~... Breakwater Road Mattituok, New York 11952 (G~z~ F. O1 en Esq, July. 2.7,.e 19~.~.... PLEBE ~KE NOTICE ,~a, your~pplJcatJon dated ............................................... , for permit to ~ ....................................... m the premises located at .~.~~ ........... ~...~.~ ,...~..~ ......... ~ Map .................................... Block ............................................ Lot ................................................. is returned herewith and disapproved on the following grounds ..... L"t.' ................. '"'~ ........... ................... ' ............ rt-'''f' ...................................... z ...... r ............ ; ........... ........ 1000-106-8-52 Sound Road Estates, Inc. Roesch and Wilson Carpenter ~ohnson ...... ...~...?.T~..../..~.....~.~...~ ..... Building Inspector George H. Fisher O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE ............................ 1, (We)...: .......... ~.o. arL.L,...T, ao~t~r~Jg ............... of ........ (~(~.Eku~e.r~.ND~.th.l~aad ................... Name of Appellant Street and Number .................................. ..M..a.t.t.i..t..qg.k.~ ....................................... ~,..~^...1.,I.~.~.;~....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 ( ) ( ) Name of Applicant for permit of .... ~no..nu3:ab~.)..Lqor. t h .Ro a~t,...Mat~i~uck, .. l~,.~....l1952 ........................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VJ~RIANCE TO DIVIDE PROPERTY 1. LOCATION OF THE PROPERTY ...~iS.]3,tt.~&tC~,lflr..]].Q~l,,...M~t~q~;]f~..]~,,.~. ................... Street Use District on Zoning Map Map 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 nat quote the Ordinance.) Article ITT: Seef~n 1fin-R1 3. TYPE OF APPEAL Appeal is mode 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 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 ...................................................................... ) X9 ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that Form Z~I (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- soW HARDSHIP because Applicant is owner of 2. 306 acres and is under contract to sell approximately 1¼ acres having frontage on Breakwater Road, The remaining 40, 000 square feet is an interior parcel. A separate application for an access approval under Section~280A of the Town Law has been submitted to this Board. The said 40,000 square feet is presently under a lease to Robert A. Roesch with an option to purchase ~intil June 30, 1983 and recorded in Liber 8085 Page 578. The frontage for the l¼ acre parcel would remain the same. 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 aThe 40,000 square foot parcel is an interior.parcel with a 15 foot access easement. The applicant's home is located on the l¼ acre parcel which is under contract of sale. The Applicant is presently in the process of constructing a home and needs the proceeds of the sale of her present house to complete said construction. Due to the fact that the 40, 000 square foot parcel is presently under a long-term lease to an adjoining landowner, Applicant seeks to divide her property so that she can convey the house parcel. Both parcels meet the area requirements of the town. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because granting of the variance would not change the character of the neighborhood because the parcels to be created would meet the area requirements and the frontage for the 1¼ acre parcel would not change. Access for the 40, 000 square foot parcel would be over a 15 foot wide right of way. Joan L.~Tsontak' STATE OF NEW YORK )) ss By .......... ~~.m~....,,~ ... COUNTY OF SUF~'O~) ~'Signature GaryFlanner Olsen, Attorney Sworn to this ........................... ~%.~ .......... doy o( ............. ffU~ .................................. 1978 ~o. 52_0830410 Te~m Expke~ ~c~ ~0' 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. Roe$ch George and Blanche Wilson Billy and Cathleen Carpenter William and Geanne Johnson Sound Roads 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: Variance to divide property ). 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: Nn~th by ~qcmnd RoRd ~[ate~. Tnt.: ~,n~[: by 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-Residential 4. That by such Petition, the undersigned will request the following relief: Variance to divide property 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Ar~:~n~ TTT ~ection 100-31 and ]~ulk ~chedule 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. j~rior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchma/f, n~wspapers published in the Town of Southold and designated for the publication of such notices; that yo Dr yo/~r representative have the right to appear and be heard at such hearing. / / Dated: July 27, 1978 . Joan L./~ :~is// By p ' ""~:f' / ~a~ etmoner ~ fl~ne~ Olsen, Esq. Post ~ce Ad'ss P,O, Box ~8~ Main ~oad Mattituck, New Yo~k PROOF OF MAILING OF NOTICE NAME ADDRESS Barbara T. Roesch Breakwater Road, Mattituck, New York 11952 George and Blanche Wilson 10 Radburn Road, Commack, New York 11725 }~i .~y and Cathleen Carpenter Cox Neck Road, Mattituck, New York 11952 William and Geanne Johnson Cox Neck Road, Mattituck, New York 11952 Sound Road Estates, Inc. Box 791, Route 27, Mattituck, New York 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS,: Gary Flanner Olsen 11 of July ,1978 , deponent mailed a true copy of the ~ verse side hereof, directed to each of the above-named persons at the addresses set/ppos names; that theaddresses set opposite the names of said persons are the addressed/of said the current assessment roll of the Town of Southold; that said Notices were maj4'ed at tht rice at . Mattituck, New York ; that said Notices were~i~ailed to ~ (certified) (a~."r t _~e~rfTnail. ~ / , residing at Main Road, Mattituck. New York , being duly sworn, deposes and says that on the ~7fh day ~' set forth on the re- :e their respective )ersons as shown on United States Post Of- pl~ of said persons by Sworn to before me this 27th day °C~/~ ~ ' ~"--~'~ Notary Public JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST[CS TELEPHONE (516) 765-1801 'Southold, L.I., N.~ 11971 July 27, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith are ~oning Appeal ~o.'s 245~ 2460, applications of Joan L. Tsontakis for varzances. Also znclud~d~are notification to ,.adjoining proeprty owenrs as follows: Barbara T. Toesch, Breakwater Road, Mattituck, N.Y.; George & Blanche Wilson, 10 Radburn Road, Commack, N.Y.; Billy & Kathleen Carpenter, Cox Neck Road, Mattituck, N.Y.; William and Geanne Johnson, Cox Neck Road, Mattituck, N.Y.; Sound Road Estatgs, Inc., Box 791, Route 27, Mattituck, N.Y. JTT/bn cc:file Eric./ Judith T. Terry Town Clerk TITLE NO. S - 263778 red = 2. $06?Acre$ REVISIONS 64,1 COX NECtC t OAD ¥OUNO & ,~:00 OSTRANDER AVENUE NO?E" · ' MONUMeNt' ¥OUNO RIVERHEAD, NEW YORK HOWARD W. YOL S'U RVEY FOr~: ALBERT ;J. SYLVIA ~, JOAN L. SYLVIA 'A'~'---- MATTITUCK .... T O W ~. O I.I.F. _, S'~"~'T-'~'L'-~--' SUFFOLK CO., N.Y. OFN)I~, ~ 0 YOI ~8 IZ.2 A(c) 50.1 t2.0A~ FOR /~$EE SEC NO Il3 70Z-OOJ Legend 8.3 A \ \ \ 47~. 5 $ 4.8 7,.*[ 7o4 7.3 2.4.~(c )