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HomeMy WebLinkAbout2449 ~ Am TOWN OF SOUTHOLD, NE~V ¥Ol~K ACTION OF THE ZO~G BOAI~D OF APPEALS Appe~ No. 2449 Dated July 6, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTIIOLD To Mrs. Helen Weevnik Central Drive Mattituck, New York 11952 (Gary F. Olsen, Esq.) DATE.~.~gD~.~...4, 1978 Appellant at a meeting of the Zoning Board of Appeals on 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 ( ) July 27, 1978 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be der~ied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed b~au~ 8:45 P.M. (D.S.T.) Upon application of Helen Weevnik, Central Drive, Mattituck, 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 insufficient area and frontage. Location of property: Lots No. 140 and 147, Map No. 1672, Captain Kidd Estates, Mattituck, 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 SEE REVERSE practical difficulties or unnecessary (b) The hardship created (is) (is not) umque 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 ehararter of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORi~ ZB4 After investigation and inspection the Board finds that the applicant requests permission to divide her property with insufficient area and frontage. The Board agrees with the reasoning of the appli- cant that the division of the property will not change the neighborhood and the newly created lots will conform to all the surrounding lots in the area. 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 neighborhoob and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Tuthill, it was RESOLVED, that Helen Weevnik, Central Drive, Mattituck, New York, be GRANTED P~ermission to divide property with insufficient area and frontage. Location of property: Lots Nos. 140 and 147, Map No. 1672 Captain Kidd Estates, Mattituck, New York. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. RECEIVED AND FILED BY I Clerk, Town of Southold Legal Notice of Hearings -2- July 27, 1978 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, Section 100-32 and Bulk Schedule to construct an underground swimming pool in the front yard. Location of property: New Suffolk Avenue, Mattituc, New York, bounded on the north by A. Mileski; east by H. Sacks; south by New Suffolk Avenue; and west by Maratooka Road. 8:30 P.M. (D.S.T.) Upon application of Southold Rotary Club, Southold, New York, for a special exception to the Zoning Ordin- ance, Article III, 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. 8:35 P.M. (D.S.T.) Upon application of St. Peters Lutheran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to erect an off-premises sign on property of Case. Location of property: Middle Road, Cutchogue, New York, bounded on the north by Middle Road; east by J. Townsend, Jr.; south by Long Island Railroad; west by J. Bednoski, Jr. 8:40 p.M. (D.S.T.) Upon application of St. Peters Lutheran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, 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. 25); east by S. Kander; south by K. B. Tuthill; west by H. Pollak. / 8:45 P.M. (D.S.T.) Upon application of Helen Weevnik, Central Drive, Mattituck, 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 insufficient area and frontage. Location of property: Lots Nos. 140 and 147 Map No. 1672, Captain Kidd Estates, Mattituck, New York. Roslyn Height, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 10g}-30 and Bulk Schedule to divide property with insufficient frontage. Location of property: Grand Avenue, Mattituck, New York, bounded on the north by Jemmotq 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 accocdance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to construct an underground · swimming pool in the front yard. Location of propergy: New Suffolk Avenue,-f~t: truck, New York, bounded or4 ' the north by A. Mileski; east by H. Sacks; south byq~e~ . Suffolk Avenue; and west~by./ Maratooka'Road. ~ 8:30 P.M. (D.S.T.) UI~, application of Southold Rota~ Club, ~outhold, New York, a sPeciaP exception to th~ ZO~ Ordinance, Art{~e ,Sectid~ 100-S0 C 6 f for mis~ah' to erect an off- p~,slgn. Lecation of propriety. Triangle Park, Sout_~ New York, bounded on the m}rth by Lower Road; east by H~'A. Goldsmith; south by Main Road and west by 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 of property: Middle Road, Cutchogue, New York, bounded on the north by Middle Road; east by J. Townsend, Jr.; south by Long Island Railroad; west by J. Bedneski, Jr. 8:40 P.M. (D.S.T.) Upon application of St. Peter's Lutheran Church, Main Road, Greenpert, New York,. for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 8 f for per- mission to erect an off- premises sign on property of Olsen. Location of property: Route 25, Mattituck, New York, bounded on the nnath by Main Road (S. R. 25); east by S. Kander; south by K. B. Tuthill; west by H. Pollak. 8:45 P.M. (D.S.T.) Upenl application of Helen Weevnik, Central Drive, Mattituck, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area and frontage. Location of proppr- ty: Lots Nos. 140 and 147 Map No. 1672, Captain Kidd Estates, Mattituck, New York. 8:55 P.M. (D.S.T.) Upon application of Joan L. COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: · .T~..0..Y..C.U.S.T.A..V.S..O.N. ................... being duly Sworn, says that ...H~.... · is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in said countw and that the notice, of which the annexed is a printed copy, has been published in the ~aid Suffolk Weekhr Times once in each week, for ONE weeks successively commencing on the .... ~4'EIqT'/E.'I-~H .......... ....... ........ ............... Swo~n to before me this ...~./.. ..... day of .. ~,,~ ..... 19~..?. I east by $i Townsend. Jr.; so)~th 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 111, Section 100-30 C 6 f for permission to erect an off-premises sign on property of Olsen. Location of property: Route 2S, Mattituck, New York, bounded on the north by Main Road (S.R. 25); east by S. Kander; south by K.B. Tuthill; west by H. )ollak. 8.~.~p_..~. (D.S.T.) Upon applic at ton '~'~ ~ elelelelelelelele[~ We evnik, Central Driv.e, Mattituck, New York, for a variance in accord- race with the Zoning Ordi- nance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area and frontage. Location of property: Lots No. 140 and 147 Map No. 1672, Captain Kidd Estates, Mattituck, New York. 8:55 p.m. (D.S.T.) Upon application of Joan L. Tson- takis, 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 IIL 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. Simchick; 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) (D O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appella,nt Street and Number .................... ~¢~T.TI~I~E~ .................................................. N~ ................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROMTHE DECISION OF THE B_UIL, DING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .....~.~ WHEREBY THE BUILDING INSPECTOR DENIED TO 7// 7/7a~ ( ) ( ) (x) Nome of Applicant for permit of ., .( .n.p...n...u,..m..b...e. ~ ). C e nt .r...a.1..D..r..i..v..e. &...M...a..t.t..i...t~...c.k N.Y Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LO(~ATION OF THE Street Use District on Zoning Map1;IAI 1672 140 and 147 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 not quote the Ordinances) 3. TYPE OF APPEAL Appeal is made herewith for (x) 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 (~t~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 ~'orm ZBt (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the Applicant owns Lots 140 and 147 of Captain Kidd Estates Map #1672. Due to the fact that said parcels are contiguous, this Variance Appli- cation is necessary. Lot 140 has a l~ouse, which is the residence of the Applicant. Lot 147 is vacant and Applicant seeks to have same treated as a valid building par- cel. Ali other parcels in the neighborhood are of the general size and shape as to Lot 147. 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 there is a technical merger of title between Lots 140 and 147 since bo~h parcels are owned by the Applicant. Lot 140 haSfrontage on Central, Drive and ~ot 147 has frontage on Captain Kidd Drive. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the other lots in the subdivision are of the same size and shape as Lo~s 140 and 147 and the granting of the Variance would be in keeping with the character of the rest of the neighborhood, ) SS COUNTY OF SI~'i~FOLI~ by ~ // ~ignature ~ ~y ]~nner Olsen, As attorney Sworn to this ................. ~ ........................ day of ........ t~.~r~ .................................... 19 78 ''2 :" l~OR~ NO. S TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ............... '~g ......................................... Date ............................ ,,.tlZ3.~'...3..7., ......... , 19/~... .......... PLEASE TAKE NOTICE that your application dated ............................. ~l'~,~...l~.,. ...... , 19.7.JJ.. . ~tv~a~ p~op,r~y v~u ~n~ ~na...~.a..~? ............ For permit TO J ............................................ ~5~J~e~ I~1~ ...................................................................... Street Map ..~,6~2, ........................ Block ............................................ Lot ...... ,J,J I)...&l:~...1. 4.7. ............... is herewith and d sapproved on the fo owng grounds ...~...e~..:.~.~./~......C..~'...~. .. returned .... :.~........,/~ ....... ~.L..~.~:~..u.. ........ ~ ...... ~:~.~...~ ....... ~.....~.:,~ .................. Map No. 3.672 1000-106-2-26 & 49 Building Inspector Geoz*ge lP4lhe~ JUDITH T. TERRY TOWN CLIgRK REGISTRAR OF VITAL STATISTICS To: From: Southold, L.l.,N.~ 11971 July 6, 1978 Southold Town Zon±ng Board of Appeals Judith T. Terry, Town Clerk TELEPHONE (816) 765-1801 Town Clerk JTT/bn cc:file Enc./ Transmitted herewith is Zoning Appeal No. 2449, application of Helen Weevnik for a variance. Also included are notification to adjoining property owners as follows: Herbert & Grace Schmitz, 10 Normandy Lane, Manhasset, N.Y.; Marie DeLalla, 24-12 163rd Street, Whitestone, N.Y.; Michael Filon, 71 Weslyan Road, Smithtown, N.Y.; Willian Bannon, Mattituck, N.Y. GARY FLANNI:"R OLSr'N (~OUN,.~,ELLOR AT LAW July 7, 1978 Re: Surer to Andrews File # 2372 Dear Mrs. Conroy: Enclosed herewith please fin~ceipts for certified mail sent to the adjoining landow/gers in r~ the above captioned matter. /_ ~! Very /ruly yoursi/ GFO/mrc encls. Southold Zoning Board of Appeals Main Road Southold, New York 11971 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of HELEN WEEVNIK to the Board of Appeals of the Town of Southold NOTICE TO: Herbert and Grace Schmitz ~VIarie DeLalla Michael Eilon William Bannon 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: to divide property with insufficient area and fr0ntag~ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Nor~:h by Captain Kidd Drive; West by Bannon and Schmitz. 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: to divide property with insufficient area and frontage 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III 100-30 and ]3ulk 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, 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 m.u. st beD the matter by the Board o.f Appeals; that ~ notice of. such heating must be published, at least five cl~ys prlo to the date of such hearing in the Suffolk Times and ~n the Long Islan.d Traveler-Matt.~tuck Watchman, new: Japers pub. lished In the Town of Southold and designated for the publication of such r~otlces; that y~/u or your/ ,,p'r/~lsentat~ve ha~e the right to appear and be heard at such hearing. // //, //,' / Petitioner G~ Flanner Olsen, Esq. Post Office A~dor~S38' Main Road NIattituck, New York 11952 NAME Herbert and Grace Schmitz Marie DeLalla Michael Filon william Bannon PROOF OF MAILING OF NOTICE ADDRESS 10 Normandy Lane, Manhasset, New York 11030 24-12 163rd Street, Whitestone, New York 11357 71 Weslyan Road, Smithtown, New York 11747 Mattituck, New York 11952 RECEIPT FOR CERTIFIED MAIL SENF T0 STREET AND NO. I~or th Road P.O., STATE AND ZIP CODE Mattituck, New York 11952 OPTIONAL SERVICES FOR ADDITIONAL FEES ;PECIAL OELiVERY (extra fee required) POSTMARK OR DATE 1978. PS Form jan. 19753800 NO INSURANCE COVERAGE PROVIDED-- (See other NOT FOR INTERNATIONAL MAIL '~'G~: 197~--0-S91-452 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Gary Flanner Olsen. Esq. , residing'at IX/lain Road. Mattituck. New York , being duly sworn, deposes and says that on the 6th day of .Tulv .19? 8 , deponent mailed a true copy of the~atLce set forth on the re- verse side hereof, directed to each of the above-named person~at the addresses spt~oppos[te their respective names; that the addresses set opposite the names of ,s. aid persons are the addrepS'es of said/~ersons as shown on the current assessment roll of the Town of Southold, that said Notices were ~fiailed at th* United States Post Of- rice at . Mattituck, New York ; that said Notices wel~ ma~d to~ of said persons by (certified)( reg,stered) mail. day of ,.~.~ _.Jn3 y , l~7-8__----- Not~y Public MARY R, CURRY Notory Public, Store of New No. Qualified in Suffolk Ceunty / s~, g L. N;x ~ ~ x.~ ~,~,='~ R/W-(20') Od' 20 2. O~,{c) 6 2.1 26.9J~(c) i/ I / / / / / /