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HomeMy WebLinkAbout2460 Appeal No. TOWN OF SOUTHOLD, NEW YORK ACTION OF 'r~E ZONING BOARD OF APPEALS 2460 Dated July 27, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Joan L. Tsontakis (Gary F. Olsen, Esq.) Breakwater Road Mattituck, New York 11952 DATE~.~.~.....~, 1978 Appellant at a meeting of the Zoning Board of Appeals on August 17, 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 ( ]~ 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 7:35 P.M. (D.S.T.) Upon applicat±on of Joan L. Tsont&k±s, Breakwater Road, Mattituck, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 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. 2. VARIANCE. By resolution of the Board it was determined thai (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties (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 (e) 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 previoua decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ,PPROVED BOARD OF APPEALS ) be denied and After investigation and inspection the Board finds that the applicant requests permission to have a swimming pool in her front yard area. The pool has been there for some time due to the fact that the applicant did not realize that the Town of Southold required a permit to erect an above the ground pool. Due to topographical reasons the present location of the pool is the best one. 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. G~igonis, seconded by Mr. Doyen, it was RESOLVED that Joan L. Tsontakis, Breakwater Road, Mattituck, New York, be GRANTED permission 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. Vote of the Board: Ayes: Gillispie, Grigonis, Doyen, Tuthill and Douglass. ~0~,~ CLF/1K HOUR DATE 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, 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 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.; eas% 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 PO01 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, Cutchogue, New York, bounded on the north by Hillmer; east by Hillmer; south by Bridge Lane and west by Bayberry Road. 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 Southnid, New York, public hearings will be held by the Zoning Board of Appeals at the Town ball, 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. Tsen- takis, Breakwater Road, Mattituck, New York, (Gary F. Olseh, Esq.) for a variance 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, Mattithck, New York, bounded on the north by Sound Road Estates, Inc.; east by Reesch and Wilson; south by Carpenter; west by Johnson. 7:35 P.M. (D.S.T.) Upon application of Joan L. Tsou- takis Breakwater Road, Mattitack, New York, (Gary F. Oisnn, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Sec- tions 100-32 and 100-41 and Bulk Schedule to have a swimwAng pool in the front yard. Location of property: Breakwater Road, Matiltack, New York, bounded on the north by Sound Road Estates, Inc.; east by Rnesch and wilson; south by Carpenter; west by Johnson. 7:45 P.M. (D.S.T.) Upon application of Themns 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 permissiea 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 Rillmer; east 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- chogne, New York (Gary F. Olsen, Esq.) for a special exception to the Zoning Or- dinance, Article IH, Section loo-ao C for permission to erect an off-premlseg sign. Locati°n of property: North Street and Main Road, Cut- chogue, bounded on the north by Cutehegue School District; east by Albert H.' Orlowski; south by Zina Cbagin; west by North Street. $:00 P.M. (D.S.T.) Upon application of Donald and Virginia Leden, 156 Sterling Avenue, Grecnport, New York, for a variance in ac- cordance with the Zoning Ordinance, Article HI, Section 10031 and Bulk Schedule for permission to construct a house w~th insufficient front yard setback. Location of property: Madison Street, Grcenport, New York, heundnd on the north by Simyonoglu; east by Ozarowski; south by Maz- zoferro and others; west by Madison Street. 5:10 P.M. (D.S.T.) Upon application of Harold and Loretta Schwerdt, 2720 Cedar Avenue, Southold, New York, for a variance in aecerdaece with the Zoning Ordinance, Article III, Section 100-31 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, Lots 192, 193, 194 and 195, Saulhold, 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 variance to the Zoning Or- ,dinance, Article III, Section 100-30 and Bulk Schedule and for a variance in accordance with the Town Law, Section 2S0A for approval of access. Location of property: Main Road, Cutchogue, New York, bounded on the north by Sacred Heart Church; east by Sacred Heart Church, Sar- ncwski and Madzelan; south by Main Road; west by- Presbyterian Church, Corneil, and Twin Ponds Construction, Inc. 8:35 P.M. (D.S.T.) Upon application of Joseph Cherepowich, Gillette Drive, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31. and Bulk Schedule for permission .to extend garage with_ ~,n- sufficient front yard setnecs. Location of prbperty: Lot No, 21, Marion Manor; East Marion, New York. $:45 P.M. (D.S.T.) Upon application of Arthur W. Lee, 2~ West sth Street,. Dee~ Park, New 'York, for varit~ i~ acco ~r~. wRh the Zoning O~insnca, ~ III, mission to ~:,~.~:!:an e~t ~ ~ foot fence-;i~d proper y. Location ~/'i~rolt~rty: Laurel Lane, Mattituck, New York, bounded on the north by J; Lee; east by C. Schimpe; south by Laurel Lake; west by J. Mulvthiil. 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 Haibaner; 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 SUFFOLK, ] STATE OF NEW YORK, ~ ss: ~ _-,, ,~u ,~ being duly Sworn. says that . .'[~ .... is Printer and Publisher o! the SUFFOLK WEEKLY TIMES. a newspaper published ~tt Greenport. in said county; and that the notice, of which the annexed is ~ printed copy. has been published in the said Suffolk Weekly Times once in each week, for , . '¥. ........................ weeks successively commencing on the .... :. .................... Sworn to bef~e me t~' .i/i/iii i1 iil~.,'~' ....... ~O'I'.~L~ ~' ?:2Li~. ~tc.~ of New York 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, Southold, New York;~ bn Thurs- day, August 17, 1978, on the following appeals: 7:30 p.m. (D.S.T.i Upon application of Joan L. ~son- takis, Breakwater Road, Matti- tuck, New York, (Gary F. Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article IlL 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 So~nd Roa~ Estates, Inc.; east by Roosch and Wilson; south by Carpeht~r; west by John- application ot Joan L.. Olson, 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, lnc.; east by Roesch and Wilson; south by Carpenter; west by Johnson. 7:4S p.m. (D.S.T.) Upon application of Thomas A. and Rosa Futile, SO East 89th Street, New York, New York, (Gary F. Olson, Esq.) for a variance in accordance with the zoning Ordinance, Article II1, Section 100-31 and Bulk Schedule for permission to construct a dwelling with insufficient front yard setback. LOcatio~ 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:S0 p.m.. (D.S.T.) Upon application of Jacqueline Pen- ney, North Street, Cutehogue, New-York {Gary F. Olsen, Esq.) for a special exception to the Zoning Ordinance, Article II1, Section 100-30 C for permission to erect an off- premises sign. Location of property: North Main Road, Cutcho~, b~d ed on the north by Cuteh~gue School District; east by Albert H. Orlowskii south by ~ina { Chugin; west by North Street. · 8:00 p m (D.S.T.) application of Donald and Virginia Leden, 156 Sterling Avenue, Greenport, New York, for a variance in accord- ance with the Zoning Ordi- nance, Article I11, Section 100-31 and Bulk Schedule for permission to construct a house with insufficient front yard setback. Location of COL~TY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, soys 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 Lon~ Island Traveler-Watch- man once each week for .......... ¢. ............................ weeks successively, commencing on the ...J...~.. ................................ .......... ..~.~. ............................. ...~'.......:~....-~......~ at TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N, Y. NOTICE OF DISAPPROVAL File No ................. 2459. ...................................... Date ......................... &u~gs~...7., ......... , 19-75. (Gar~ F. O].~14m, Z,,q.) PLEASE TAKE NOTICE that your application dated .......................... ,~u3,y..27.r ...... , 19.78.. for permit to construct &..~:~OOJ...JJ~...t=~e..,~,~get~h~Z'r~mises located.at ..Z~"e4~Jr,~/t,,~'. ......... ............. ,~d3ad.,...~ae' t:L~u~k, ...N.....~...... ~ ~o~ .................................... BIo~k ............................................ ~ot ......... ~..&~..:..;~;,.;~,~.;. i~ returned her_e~with and dis~;zl~rqved on the f.c~lowing gr~Jnds .................... ~ ...................................... ~,~..~.5..~.~.-..!~/..'_......'..:......~..,...d~..: ........ ~..~. ........ ~..('.....~.~Lf..:...:.... ........ XOOO-X06-8-S2 Sound Road ss~&~e~, Zno. ltoesohand Wilson ~ohnson Building Inspector George H. FL~,he~r TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR O DATE...~..~//~. ~.. ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (We) J.q~rLL,...T.~i~ ............................. of ...... .~.9.¥..t..h..-~o..a..d.,...~...a..t. Li..~.u...c..k.,.....N.,.~.,...1..1...9.~2 Name of AppeJl(~nt Street and Number Municipality ............................ HEREBY APPEAL TO 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 ''1~ ~'-~"~/~/?~,/" ......p.. .o...qt. ...................................... Name of Applicant for permit of .{ne. ~umbe~.)..~e~J:h..l~oad ........... :~iat. tit~ck, ..L~ ~.~..~.o~,. J, J, f~ ~ ............... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) VARIANCE TO MAINTAIN POOL IN FRONT YARD 1. LOCATION OF THE PROPERTY ...6&,5.~3~.ea~k~a~e~..Road.,..~l~tJd. f-~:k,.~..~....~..9.~J, ...... Street Use District on Zoning Map Mop 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, Sections 100-32 and 100-141 and Bulk Schedule 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:xfax~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeol 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 ) ~s requested for the reason that ]JT~'~J~T~JI~<J~T~Z~2~~JJ~i]J~i~'CT~g4~(~I ~'orm ZB~ (Continue on other side) · REASON FOR APPEAL O Continued O 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because several years ago Applicant installed an above-g~ound pool in what is technically her front yard as shown on the survey which is made part of this application. Due to the topography of Applicant's property, the present location of the pool is the most ideal, due to the fact that the ground is most level at said location, whereas the rest of the property slopes. 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 topography of Applicant's property, making the present location of the pool the most ideal. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the pool is aot readily ni~ieeable and does not adversely affect the neighborhood. Joan L. Tson~ STATE OF NEW YORK) ) ss By ...... COUNTY OF SUFFOLK) Gary Fla~ner Olsen, Attorney'" Sworn to this ......... 2.7.th ......... i ................... day of ............ Jlll,y~ ..................... 1978 JUDITH T. TERRY TO~N CLERK R~GISTRAR OF VITAL STATISTICS To: From: Southold, L.I., N. Z 11971 July 27, 1978 Southold Town Zon±ng Board of Appeals Judith T. Terry, Town Clerk TELEPHONE (516) 765-1801 Transmitted herewith are Zoning Appeal No.'s 2459 &~ applications of J~n.L: Tsontakis for variances. Also included arq notification to a~3oznzng proeprty owenrs as follows: Barbara T. ~oesch, Breakwater Road, Mattituck, N.Y.; George & Blanche Wilson, 10 Radburn Road, Conanack, N.Y.; Billy & Kathleen Carpenter, Cox Neck Road, Mattituck, N.Y.; William and Geanne Johnson, Cox Neck Road, Mattituck, N.Y.; Sound Road Estates, Inc., Box 791, Route 27, Mattituck, N.Y. JTT/bn cc:file Enc./ Judith T. Terry Town Clerk -, © O 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 : NOTICE TO: Barbara T. 1Roesch George and Blanche Wilson Billy and Cathleen Carpenter William and Geanne Johnson Sound Roads Estates, Inc. 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) (Special Exception) (Special Permit) (the following relief: Variance to maintain swimming po~l in frnnt y~e]_ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by .~n,]nd 1~'nnd '~fnfo~. T_no.: South by Carpenter: West by .Tohrl~orl, 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural-Residential 4. That by such Petition, the undersigned will request the following relief: Variance to maintain swimming pool in front yard $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III Sections 100-32 and 100-141 and Bulk Schedule 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, Southoid, 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, ne, ~lpers published in the Town of Southold and designated for the publication ' repre of such notices; that you or yo sentative have the right to appear and be heard at such hearing. Petitioner / Post Office Address P.O, 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, Mat/truck, New York 11952 10 Radburn Road, Commack, 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 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Gary Flanner Olsen, , residingat Main Road, Mattituck. New York 11952 , being duly sworn, deposes and says that on the 27th day of July ,19 78 , 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/~'t~ ~posite their respective names; that the addresses set opposite the names of said persons are the addr. gses o' said persons as shown on the current assessment roll of the Town of Southold; that said Notices were/ rice at M, attituck, New York ; that said Notices w~ (certified) :~.Biaae~md) mail. Sworn to before me this 27th / day ~_._Julv _ , 19 78 ~ailed t the United States Post Of- ~m~ ~ each of said persons by MARY R. CURRY Notary Public, S~alo of New No, 52-0530410 ~'ITL~ ~0. formerly S tonl~Y $ ledzleski · :~ ,.' ' ' '~' ~ARANTEED' / ' ~NAUTHORIZE~ ALTERATION OR ADOITION-TO' THIS: , ~ ~$ ZO 7.7A{~ 49 8.'~ A (c) 52 Z.4 ~{c) Legend 6 LSA(c) ,, / 7. 4 Revision~ REVISIONS ~ YOUNG & YOUNG ~,l)O OSTRANDER AVENUE', RJVF~RHEAI:), NEW YORK ALDEN W. YOUNG HOWARD W. YOUNG SURVEY F'~[: ALBERT J. SYLVIA 6. dOAN L. SYLVIA~ TTI TU C K RIV~HE~ , SA~j;.~'~K ~' I USLII~E Tt LE ~,~/~[CE CC TOWN OfSOUTHOLD I OFNnt ~, "-"- '