Loading...
HomeMy WebLinkAbout2473 TOWN OF SOUTHOLD, ~EW YORK Oct. 11, 1978 DATE ....................... ACTION OF T~E ZONING B~ARD OF APPEALS Appe~No. 2473 DaSd September 3, 1978 ACTION OF THE ZO~NG BOARD OF APPEALS OF THE To~rN OF SOUTHOLD To Robert Wacker Nassau Point Road Cutchogue, New York 11935 Appellant at a meeting of the Zoning Board of Appeals on September 28, 1978 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 (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By reso~tion of the Board it was determined that a special exception ( ) be ~a~ed ( ) be deuled pursuant to Article .................... ~ction .................... Subsection .................... paragraph .................... of the Zoni~ O~inance and the ~cision of the Building I~peetor ( ) be reversed ( ) be co~ffmedbeeau~ 8:00 P.M. (D.S.T.) Upon appl±cat±on of Robert Wacker, Nassau Point Road Cutchogue, New York ( Peter Stoutenburg, as Agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to add 10 feet to present garage lo- cated in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutchogue, New York. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties 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 (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 REVERS~~~ BOARD OF APPEALS FORM ZB4 ) be denied and After investigation and inspection the Board finds that the applicant requests permission to add 10 feet to an existing garage and repair the original garage that is located in the legal front yard. 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 Robert Wacker, Nassau Point Road, Cutchogue, New York (Peter Stoutenburgh, as agent), be GRANTED permission to add 10 feet to a present garage located in front yard area as requested. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutchogue, New York. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill, and Douglass. RaC~I~D AND FILED BY TH~ SOUiHOLD TOWN DATE/~/~/'~ HOUa~:~ ~erk, 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, $outhold, New York, on Thursday, September 28, 1978, on the following appeals: 7:30 P.M. (D.S.T.) Upon application of Edward and Helen Jaskowiak, RFD, Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insufficient area and width. Location of property: Lot No. 4, Map No. 5023, Sunset Knolls, Mattituck, New York. 7:40 P.M. (D.S.T.) Upon application of Daniel and Laura Shybunko, 5 Hilltop Court, Head of the Harbor, St. James, New York, (Anthony P. DeRiggi, Esq.), for a variance in accordance with the Zoning Ordinance, Article III, Sections 100-31, 100-33, 100~34 and 100-36, for permission to reduce front and side yard setbacks. Location of property: Map No. 5126, Nunnakoma Waters, Lot No. 5, Southold, New York. 7:50 P.M. (D.S.T.) Upon application of Charles A. Brautigam, 46 Benson Road, Glen Rock, New Jersey, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area. Location of property: West Road, Cutchogue, New York, bounded on the north by West Road; east by Gustave Buckert; south by Bay; west by George H. Fleet Estate. ~ 8:00 P.M. (D.S.T.) Upon application of Robert Wacker, Nassau Point Road, Cutchogu~, New York, ( Peter Stoutenburgh as agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to add 10 feet to present garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cut~houge, New York. 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 Read, Southold, New York, on Thursday, Sep- tember 28, 1978, on the following appeals: ~ 7:30 P;M. (D.S.T.) Upon application of Edward and Helen Jaskowiak, RFD, Ruth Road, Mattituck, New York, fac a variance in accordance wilts-the Zoning Ordinance, Article III, Se¢ion 100-3.1 and bulk Schedule for permtsston to divide property with in- sufficient area and width. Location of property: Lot No. 4~ Map No. 5023, Sunset Knolls, Mattitock, New York. 7:40 P.M. (D.S.T.) Upon application of Daniel and Laura Shybunko, 5 Hilltop Court, Head of the Harbor, St. JameS, New York, (Anthony p. DeRiggi, Esq.), for a variance in accordance with the Zoning Ordinance, Article III, Sections 100-31, 100-3~., 100- 34 and 100-~, for permission to reduce front and side yard setbacks. Location of property: Map No. 5126, Nannakoma Waters, Lot No. 5, Southold, New York. 7:50 P.M. (D.S.T.) Upon application of Charles A. Brautigam, 46 Banson Road, · Glen Rock, New Jersey, for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-32 for per- mission to construct an ac- cessory building in the front yard area. Location of property: West Road, Cut- chogue, New York, bounded on the north by West Read; east by Gnstave Buckert; south by Bay; west by George H. Fleet Estate. 8:00 P.M. (D.S.T.) Upon application of Robert Wacker, Nassau Point Road, Cut- chogue, New York, (Peter Stoutonburgh as agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to add 10 feet to present garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutcbogue, New York. 8:15 P.M. (D.S.T.) Upon application of Rein Narma, 1000 Private Road, (Hyatt Road), Southold, New York, (Robert C. Wertz, Esq.) for a variance in accoraance with the Zoning Ordinance, Article III, Section 100-~, for per- mission to construct a garage in the front yard area. Location of property: Private Road (Hyatt Road) Sonthold, New York, bounded on the north by Long Island Sound; east by A. Gina; south by right;of-way; west by R. A. Brown and P. R. Bie. 8:30 P.M. (D.S.T.) Upon application of Sandra Rave and Mary Tloczkowski, 22 Edison Lane, Bayville, New York, (Gary F. Olsen, Esq.) for a special exception in ac~:~'dant'~Wi~__ the Zon!ng Ord~n¢, ~tcle III,'Sectton i00-30 B (6) for permission to I~/t~e~a [eunis and racket , :~[~}l~t~l SWimming, ,I~_..~ ~ti .a~.~;~-p?operty: i~ort ROa~,,~,~tc, New York, ~o"~-the north by ?0iud~; l~tg by iHs~aanS~ Railroad; west by Case. Dated: September 18, 1~78 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TS21-$062 COUNTY OF SUFFOLK, l STATE OF NEW YORK, ~ ss: J ..... T~'oy. Crus~vsan ................ being duly SwatI says that . .h~ .... is Printer and Publisher of ihe SUFFOL WEEKLY TIMES, a newspapeg publish~ ~ Gr~nport in sffi county; and ~at the naris, of which ~e ~e~d is ~ printc ~py, has been published in the ~d Sufblk Week~ Tim~ once in exh w~k, tar . on~. {~) .................. weel accessively ~ommencin9 on ~e . }~.}~7~$~}.} ....... dq of . Se~temb~ 1L~7~- Sworn to ~'of, me this .l:~'..~ .............. " LEGAL NOTICE A. 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, on Thurs- day, September 28, 1978, on the following appeals. 7:30 P.M. (D.S.T.) Upon application of Edward and Helen Jaskowiak, RFD, Ruth Road, Mattituck, New York, for a variance in accordance with the zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insuf- ficient area and width, Lo- cation of property: Lot No. 4, Map No. 5023, Sunset Knolls, Mattituck, New York. 7:40 P.M. (D.S.T.) Upon application of Daniel and Laura Shybunko, 5 Hilltop Court, Head of the Harbor, St. James, New York, (Anthony P. DeRiggi, Esq.), for a variance in accordance with the Zoning Ordinance, Article Ill, Sec- tions 100-31, 100-33, 100-34 and 100-36, for permission to reduce front and side yard setbacks. Location of property: Map No. 5126, Nunnakoma Waters, Lot No. 5, Southold, New York. 6:50 P.M. (D.S.T.) Upon application of Charles A. Brau- tigam, 46 Benson Road, Glen Rock, New Jersey, for a variance in accordance with the Zoning Ordinance, Article Ill. Section 100-32 for permis- sion to construct an accessory building in the front yard area. Location, of property: .West Roaxi,~ Cutchogue; new York;,: bounded onthe north'by West' Road; east by Gustave Buc- kert; south by Bay; west by George H. Fleet Estate. 8:00 P.M. (D.S.T:} Upon, application o? Robert Wacker~ Nassau Poipt Road~ Cut- chogue, New York, (Peter Stoutenburgh as agent), for a variance in accordance witl' the Zoning Ordinance, Article IlL Section 100-32 for permis. sion to add 10 feet to present garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutchogue, New York. 8:15 P.M. (D.S.T.) Upon COUNTY OF SUFFOLK STATE OF NEW YORK SS: Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Counb/; 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 successively, commencing on the ..~../.. .................................. .................... ...... -~worn to beforworn to before me thi~ ~ day aY Notary Publiv,.~ -- ~.~ CLEMENT J. THOMPSON NOIARY PUBLIC, State cf New York No. 52-%2172§ Residing in Suffolk County FOI~M NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL '77;_~'"'~'2z:;'~'"'"";~'~'~'"~,,, "~.~,,~ /4 c,~ 9p ~9 v~ PLEASE TAKE NOTICE that your application dated ............................................................ Gar permit to construct ....... b .............................. ~t tee prem,ses located et .................................... Map .................................... Block ............................................ Lot ................ ~,...~...,~.: ............. is returned herewith and disapproved on the following grounds bCC~S~O~ C~E~hC~ ~e AZ.~.~.(. ZV.¢ ~....q~..~ ~.z. ........ ~.~..~.~.~..~.....~.~....~....~z ......... ~C~.~: .................. ~ .~.... ~.~ .~...~ ~Z.....~ .~&(.....~.~......~.~ .~ ~.T.f.~.~z..... ~9.~.Z ....... Z ~.~ ........ ~. ~. ~. ~. ....... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL DATE ... '.~...~.p .~....~.~.., ...~ TO THE ZONING BOARD OF APPEALS, TOWN OF S~THOLD, N. Y. 1, (We) ....~ ~..~.~..~......l. ...... ~ ........ .................................................... Name of Appellant Street and Numbe~ ~iL/L ............. b..~..~...~.~..~..~..~.~ ............................... ,,..,.~.,. ........... ~,~ Munici~ 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 ........ ...... ~me o{ Ap~licont for perm':,x~ . o~ ~.~.~:~,. ...... ~.~.~ .............. ~.~..1.~..... ......... ~.,g ...... ........ Street and N~ber State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. EOCA*ION-OF TH~ ;ROPERW .~.~j.....~.~.~.....~b.i:.~......E~.~......~ .......... Use District on Zoning Mop ~ ~0~*'' ~ . Street . ~,oo~.:..~ :~ :.~ ...2d..~ ..... ~N~5 r~ F~'~ Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate ~he A~icle Section, Sub- section and Para[raph 9f the Zoning Ordin~e b~ number. Do not quote the Ordinance.) 3~ ~YPE 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 Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (inns) (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 ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued O 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- '~is ~ and is not shared by all properties alike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ss COUNTY OF~:fC/~' ]J~ ) Sworn to this ............... --~...~.~ .................... day of...~-~/~'~/2L~.~../z. ................... 19'7~ Notary Public property lines. Give street and block whether interior or corner lot. 3. Nature of work (check which applicable): New Building.. ................. Addition .................. Alterotion~,]:..-~Z.... ..... Repair .................. Removal .................. Demolition .................... Other Work ..................................................... ' (Description) 4. Estimoted Cast ............. ~]~i~......ff'~&-.~....{~....~......Fee .......... J~, ~-----{~. ............. (to be paid on filing this application) 5.If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ if garage, number of cars ................ ~ ....................................................................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ........ ,/~..~..~[°. ...... Rear ..../.~.'~..:~. ............... Depth ....... .~..{~ .... Height ......... ~.~.....:. Number of Stories ..................... -~ .............................. ; ...... y; .................................. y..-...i-; ..... Dimensions of~n~ structure with alterations or additions: Front ........ L~.....~,. ...............Rear ...... L~...~. .......... Depth ................................ Height ........ !.....'.'.'.'.'.'.'.'~. ........... Number of Stories ............ [ .................. Rear ......../..6....~. ........ Depth 8. Dimensions of entire new construction: Front ......... /..~'....~ ............... Height ........ .~.....~T...... Number of Stories .................. ~/ ................................................................................................... 9. Size of lot: Front .../..~..~,~ .................. Rear .............../....~..~.~'.. ............. Depth .......... .~.~.~ ........ 10. Date of Purchase ........................................................ Name of Forrn~er Owner ........................................................ ! 1. Zone or use district in which premises are situated ............ .~....~J-~k.~.-.-~...-~'-- .~.-~ ....................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ........ ..~.....~ ..................................... 13. Will lot be regraded ............................ Will excess fill be removed from premises: ( ) Yes ( ) No 14. Name of Owner of premises .....~.~...~--k..~.~','-... ................ AddressC..~;.~..~,%,:~..4Phorte.2 No ....................... Name of Architect .............................................................. Address ................. Phone No .............. Name of Contractor ............................................................ Address ................................ Phone No. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from number or descripti_~n according to deed, and show street names and indicate STATE OF NEW~/OP/f~,~ /~! [cc (Name of individual signing controctO ~.) above named. duly sworn, deposes and says that he is the applicant He is the ............................................. ~ ................................................................................................................. ~C~roc~, agent, corporate officer, etc.) of said owner or owners, and is duly au~'t~L~ to perform or have performed the said work and to make and file this application; that otl statements contained in this application are true to the best of his knowledge and belief; and th, ar the work will be performed in the manner set forth in the oppljc~lSa~L3, filed therewith. Sworn to before me this ' ..... ...... ..... JUDITH ......... T. T~ ERRY Not3~ Public. S~te c[ New Yo~ No. 52-0344963 Suffo:k ~mmission ~pire~ March 30~ COMMISSION Seth A. Hubbard l~e £. Koppclman Suffolk County Department of Planning Yeteran~ Memoria! Highway October 4~ 1978 Town of Southold Board of Appeals 11768 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be coostrued as either an approval or a disapproval. Applicant Municipal File Number Charles Brautiga~ 2471 Rain Narma 2472 Robert Wacker 2473 Sandra P. Rave, Et. Al. 2474 GGN:jk Very truly yourS, Lee E. Koppelman Director of Planning CHIEF PLANNER TOWN CLERK 765-3783 Building Dept. Ptanning Bal. 765-2660 Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ...... Bo~'d. O~ .Ap~ale ............ of the town of ..... SOu.thole. ............... (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 perm[ts ....... X ...... Variances Robert Wacker Nassau Point Road Cutchogue, New York Appeal NO. 2473 11935 Location of affected land: ...... Eas~erly...fli~e...of...N&ssau..P. oin~..P~a~....C=tchogxxe~...Naw within 500 feet of: (check one or more) York ................ Town or village boundary line, or shore line ................ State or count,/road, parkway or expressway ................ State or county park or recreation area ....... X ...... Stream or drainage channet 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 Comments: Applicant was granted permission to add 10 feet to an existing garage in the front yard area. Date: ...Se~.t, em~er...2 9., ...1~.7.8 (siened) ........ Cha~ ~.m~n ..................................................... Title Date received by Suffolk County Planning Commission .................................................................................... File No ................................. © © JUDITH T. TERRY TOWl~ CLERK [~EGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 ith T. Terry JTT/bn cc:file Enc./ Southold, L.I.,N.Y. 11971 September 6, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2473, application of Robert Wacker for a varxance. Also included are notification to adjoining property owners as follows: Fred F. Faulkner, Nassau Pt., Box 985, Cutchogue, N.Y. 11935; Felix R. Palmeri & Wf., 28 Claydon Street, Garden City, N.Y. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: 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) (Special Except_ion) (Special Permit) (the following relief: 2. That the property which is the subject of the Pet~n is located adjacent to your property and is d~- 3. That the prope~ wh~h is the subjec~of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the proy. i. sions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ~ r ~ ~ e /~o~ ?-/'-~ ,~' ~ c ~, ~ ~ '/G 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner ~ (~ ~ ~ eostOffic{Address, ~//~ ~..~- ~--~c~ NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ,~; ~e ,~'7~- W c~c ~e.F , residing at ,/L/~..~ ~ ,'~. /~j ~'~' .,q~ ~/~ ~ ~ ~ , being duly ~worn, deposes and says thai on the ~/~/~ day of ~-~. ,^~ m · ~ ~- ,19 '7 ~ , deponent mailed a true copy of the Notice set forth on the re- verse si~'h~r~e~f, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~ ~.~ ~ c~A o Ic~ /q/ · .~ ~ ~ ; that said Notices were mailed to each of said persons by (certified) (reg~tered) mail. ' ~ Sworn to.before me this ___ day of ~3'~ ~ ?-em ~:~r , 19 ~ ~ Notary Public ~~ Bt~OAD~fA T£R$ CO~IE U