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HomeMy WebLinkAbout2476 TOWN OF ~OUTHOLD, NEW YOEK AC~ON OF T~E ZONING BOaR~ OF aPeE~s Appeal No. 2476 Dated September 19, ACTION OF THE ZONING BOARD OF APPEALS OF TIlE TOWN OF SOUTHOLD To William and Peggy White First Street New Suffolk, New York 11956 DATE ..~Q.~..,.....6., 1978 1978 Appellant at a meeting of the Zoning Board of Appeals on October 19, 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 ( ) 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 corffirmed because 8:35 P.M. (D.S.T.) Upon application of William and Peggy White, First Street, New Suffolk, New York, for a variance in accor- dance with the Zoning Ordinance, Article VI, Section 100-61 and Bulk Schedule for permission to divide property with insufficient frontage. Location of property: First Street, New Suffolk, New York, bounded on the north by Frances Majeski; east by First Street; south by Main Street; west by Kinczell. 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) 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) (wou!d not) change the character of the district because 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 REVERSE FORM ZB4 ~/''-ZONING BOARD OF APPEALS ) be denied and After investigation and inspection, the Board finds that the applicant wishes to divide his property which contains a summer cottage and a seasonal business. The Board agrees with the reasoning of the applicant. The findings of the Board are that the character of the area will not be diminished by this division of property. There will be no change in the outer appearance of the properties. For economic reasons the applicants request this division. 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. Gillispie, seconded by Mr. Douglass, it was RESOLVED that William and Peggy White, First Street, New Suffolk, New York, be GRANTED permission to divide property with insufficient frontage as requested. Location of the property: First Street, New Suffolk, New York, bounded on the north by Frances Majeski; east by First Street; south by Main Street; west by J. Kinczell, subject to the following: Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen Tuthill and Douglass. AMD FILED BY DATE /)/1~/?~ HOUR Town Clerk Town of Legal Notice of Hearings -2- October 19, 1978 with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct a house with insufficient front and rear yards. Location of property: Robinson Road, Greenport, New York, bounded on the north by Robinson Road; east by Troyan; south by Sterling Basin; west by R. Melrose. 8:35 P.M. (D.S.T.) Upon application of William and Peggy White~ First Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 and Bulk Schedule for permission to divide property with insuf- ficient frontage. Location of property: First Street, New Suffolk, New York, bounded on the north by Frances Majeski; east by First Street; south by Main Street and West by J. Kinczell. 8:50 P.M. (D.S.T.) Upon application of Raymond and Adah Redfield, 255 Willow Street, Roslyn Heights, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide pro- perty with insufficient area and width. Location of property: Paradise Shores Road, Southold, New York, bounded on the north by Private Road; east by Daiker; south by O'Toole; west by Private Road. 9:00 (D.S.T.) Upon application of Sarah Rausch, 1223 Cornegia Avenue, Far Rockaway, New York, (John S. Sherwood, as Agent), for a s'pecial exception to the Zoning Ordinance, Article III, Section 100-30 B 9 (a) for permission to construct a storage building with shower, a bulkhead, ramp and mooring float. Loca- tion of property: Gull Pond Lane, Greenport, New York, bounded on the north by Germansky and others; east by Fordham Canal; south by Rutkowski and others and west by Gull Pond Lane. 9:10 P.M. (D.S.T.) Upon application of Jean Case, New Suffolk Lane, Cutchogue, New York; Bruce McLean Case, New Suffolk Lane, Cutchogue, New York; and Walter Teresko, New Suffolk Lane, 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 Seuthold, Now York, public hearings will he held by the Zoning Board ~f. Appeals at the Town Ha , Main Road, Southold, Now York, on Thursday, October 19, 197~, on the following appeals: 7:40 P.M. (D.S.T.) Post- poned decision upon ap- pllcation of Betsy Latham, Private Road, Orient, New York, for a variance in ac- cordance with the Zoning Ordinance to divide property with insufficient frontage and area. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by G. E. Latham, Jr.; south by Private Road; west by Long Island Lighting Company. 7:50 P.M. (D.S.T.) Upon application of Russell Tabor and Sons, Main Read, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Area Schedule to divide property with in- sufficient area and front and rear yard setbacks and for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Main Road, Orient, New York, bounded on the north by Main Read and Tabor; east by Tabor and Schriever; south by Tabor and Schriever; west by Village Lane and Tabor. 8:05 P.M. (D.S.T.) Upon application of Henry M. Jaquillard, 13100 Main Read, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to conntruct an addition to the greenhouse with insufficient side yard area. Location of property: Main Read, Mat- truck, New York, bounded on the north by Main Read; east by W. L. Grabie; south by John Wickham; west by R. C. Kopf. 0:20 P.M. (D.S.T.) Upon application of James Melrose, 39 Robinson Read, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Buik Schedule for permission to construct a house with insufficient front and roar yards. Location of property: Robinson Road, Greenport, New York, bounded on the north by Robinson Road; east by Troyan; south by Sterling Basin; west by R. Melrose. 8:35 P.M. (D.S.T.) Upon application of William and Peggy White, First Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 and Bulk Schedule for permission to divide property with in- sufficient frontage. Location of property: First Street, New Suffolk, New York, bounded on the north by Frances Majnski; east by First Street; south by Main Street and West by J. KinczelL 0:50 P.M. (D.S.T.) Upon application of Raymond and Adah Redfield, 255 Willow Street, Reslyn Heigllts, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for legam no :e permission to divide property with insufficient area and width. Location of property: Paradise Shores Road, Southold, New York, bounded on the north by Private Read; east by Daiker; south by O'Toole; west by Private Road. 9:00 P.M. (D.S.T.) Upon application of Sarah Rausch, 1223 Cornegia Avenue, Far Rockaway, New York, (John S. Sherwood, as Agent), for a special exception to the Zoning Ordinance, Article III, Section 100-30 B 9 (a) for permission to construct a storage building with shower, a bulkhead, ramp and mooring fleat. Locatiea of property: Gull Pond Lane, Greenport, New York, bounded on the north by Germansky and others; east by Fordham Canal; south by Rutkowski and others and west by Gull Pond Lane. 9:10 P.M. (D.S.T.) Upon application of Jean Case, New Suffolk Lane, Cutehogue, New York; Bruce McLean Case, New Suffolk Lane, Cutehogue, New York; and Walter Teresko, New Suffolk Lane, Cutehogue, New York (Richard F. Lark, Esq.) for a variance in accordance ~ the Zoning Ordinance, Artiel~ III, Section 100-31 and Bulk Schedule for permission divide property withe'in- sufficient frontage? Lonation of property: New'Suffolk Road, Cuteholt~i N~w York, bounded on-fll~,~ig'tfi by James HortQl~f ~l~y JOhn Wiekham; s~ath.~ 0~ land of Teresko; w~t ,!SyCqqL=w Suffolk Read. : 9:20 P.M. (D.S.T.) Upon application of Susan Jacobs, 005 Soundview Avenue, Mattituek, New York, for a variance in accerdanee with the Zoning Ordinance, Article III, Section 100-ag for per- mission to construct an ac- cessory building in the front yard area. Location of property: Soundview Avenue, Mattituck, New York, bounded on the north by Long Island sound; east by Saltaire Civic Association; south by Soundview Avenue; west by J. McLaughlin. 9:30 P.M. (D.S.T.) Upon application of Henry Luce, III, Fishers Island, New York (Eric Haas, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 10040 C 2 for permission to construct a fence arrund an underground pool. Location of property: Fishers Island, New York, bounded on the north by Private Read; east by Sim- mons; south by Block Island Sound; west by Coffee. Dated: October 10, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT012-3075 COUNTY OF STATE OF N ..... Tmo¥. says that .h~. WEEKLY TIM county: and th copy. has bee once in each ;- successiv~Iy day of . Sworn to day of .. C~. 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 [ne Zoning'B0ard of Appeal~ at the Town Hall, Main Ro~J. Southold, New York, on Thurs- day, October 19, 1978, on the following appeals: 7:40 P.M. (D.S.T.) Post- poned decision upon applica- tion of Betsy Latham, Private Road, Orient, New York, for a variance in accordance with the Zoning Ordinance to divide property with insufficient fron- tage and area. Location of property: Private Road, Orient New York, bounded on the north by Wilsberg; east by G.E. Latham, Jr.; south by Private Road; west by Long Island Lighting Company. 7:50 P.M. (D.S.T.) Upon a~plication of Russell Tabor and Sons, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Area Sche- dule to divide property with insufficient area and front and rear yard setbacks and for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Main Road, Orient, New York, bounded on the north by Main Road and Tabor; east by Tabor and Schriever; south by Tabor and Schriever; west by Village Lane and Tabor. 8:05 P.M. (D.S.T.) Upon application of Henry M. Jaquillard, 13100 Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to construct an addition to the greenhouse with insufficient side yard area. Location of property: Main Road, Matti- tuck, New York, bounded on the north by Main Road; east by W.L. Grabie; south by John Wickham; west by R.C. Kopf. 8:20 P.M. (D.S.T.) Upon application of James Melrose, 39 Robinson Road, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article IlL 100-31 and Bulk Schedule for permission to construct a house with insufficient front and rear yards. Location of property: Robinson Road, Greenport, New York, hound- ed on the north by Robinson Road; east by Troyan; south by Sterling Basin; west by R. Melrose. 8:35 P.M. (D.S.T.~ Upon a~plication of William~ ~i~d Pe~ev White, First Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 and Bulk Schedule for permission to divide property with insuf- ficient frontage. Location of property: First Street, New Suffolk, New York, bounded on the north by Frances Majeski; east by First Street; south by Main ~treet and West by J. Kinczell. 8:50 P.M. (D.S.T.) Upon application of Raymond and Adah Redfield, 255 Willow Street, Roslyn Heights, New York, for a variance in .accor- dance with the Zoning Ordin- ance, Article IlL Section 100-31 and Bulk Schedule for permission to divide property with insufficient area and width. Location of property: Paradise Shores Road, South- old, New York. bounded on the north by Pyivate Road; east by Daiker; south by O'Toole; west by Private Road. 9:00 (D.S.T.) Upon appli- cation of Sarah Rausch, 1223 Come,tis Avenue, Far Rock- COUNTY OF SUFFOLK STATE OF NE'VV YORK 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 County; 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 ...~ ............................ ............ ,,,....7.( ....... Sworn to before me this ....../~.. ............. 6~a¥ of FOI~M NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Dote ........................................................ , PLEASE TAKE NOTICE that your application dated ,~'E ~7 19 197~ for permit to c,~4'o~ct ........................................ at the premises located at .......... .~..!..~..~.7......~6ET ...~.~..% ......... ~.~..!.~ ......... ..s...-T....rt.,~?....-C.... ~ ~--~ ~'u~ ~ Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ...... !...~J..?U.?..~.!..C....~...~...I.~ ..................... Building Inspector © TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~ zT/~,~ DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~ (We) ~:t % ].~. :~a..I~,, &,. P, efa:K~ .,T., .. [~l~.i.t,~ .............. of ......... ~z~st~..$~eet, ........................................... Name of-A~ppella.nt Street and Number ........... ~e:...8~'ollr~..Ne~..~bar~, .................................................................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APP',CAT,ON FOR PERM,T NO ..................................... DATED ....... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION oF THE PROPERTY ...... c~-~...~.i.>s~..g%Z~ee¢..&..~,~.~m.8¢~e¢~ ................................... 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 not quote the Ordinance.) Ar'c~-I~ ~rT RIO~-~ ~_,lk,~_~,~_~- ~_¢a ~.~_..'~.,~.~ _~,~_~._~_-.,ff.~_.,~__~ 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 (~fiT~r~(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 ) /~Vorionce 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 O O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The store is strictly seasonal aha neeae~ ~n Nm,, Sufffolk, ~litt~ ~e ~e~. ~e cotta~ ~oes not ~ 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 No other ~ro~erties h~v~ a suemer commercial o~eratio~ of this t~e. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~1~ ~ro~er~ies ~n Ne,,- Suffolk are ~reeently ~i~d®~ ~n~o s~ell lots. COUNTY OF ) ~;~;; ................................. Sworn to this ....................... ~ff~ .......... day of.....~ ................ 19 ~r Commission Exp res March 30, i9~~ Suffolk County Department of Planning i/etea~ns Memorial Highway JOHN V.N. KLEIN. County Exemative Hauppauge, L, I., N. Y. 979-291.8 11768 Town of Southold Board of Appeals October 25' 1978 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 construed as either an approval or a disapproval. Applicant Municipal File Number Betsy Latham Daniel & Laura Shybumko RaYmond & Adah Redfisld William & Peegy White 2466 2469 2475 2476 James Melrose Russell Tabor & Sons Henry Lute III Sarah Rauch Jean & Bruce Case & Walter Teresko Harry & Arlene Jacquillard Susan Jacobs 2477 2478 2479 2480 2481 2482 2483 GGN: jk Very truly yourg, Lee E. Koppelman Director of Planning CH~£F PLANNER TOWN CLERK 765-3783 Building Dept. I~anning Bd. 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 ..... ~oarcl~ .of. Aj[3pe&l~ ............ of the town of .... $~/t]:tO.].~ ................ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodlfied zoning ordinance W:[i'I ~a.m al%d [~egc3'~ ~te ................ Amendment to the zoning ordinance ~';Lr~t ~treet New Suffolk, New York 11956 ................ Zoning changes ................ Special permits ...... X. ....... Variances Location of affected land: ~-~ne~r~of~F~%~B~.S~t~r~e4`~`~¥~4a~i~n~t~¥~N~1~ t within 500 feet of: (check one or more) New York ..... ~ ....... Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel 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 ~ivide business property with insufficient frontage. Date: ....Om.tober... 2 {) ,... &,9 7. 8- (si~.ed) Robert W. Oillispie, Jr. Date received by Suffolk County Planning Commission .................................................................................... File No ................................. C JUDITH T. TERRY TOWN C'L~ RK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 September 20, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2476 application of William E. Peggy White for a variance. Also included are notification to adjoining property owners as New York, N.Y.; Mr. Mr. Marion Majeski, JTT/bn cc:file Enc./ follows: Mr. Athanas Zamphiroff, 60 Riverside Drive, & Mrs. J. Kinczel, Second St., New Suffolk, N.Y.; Wicks Road, New Suffolk, N.Y. ~t~ ~ierT~rry ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ~ll~m ~. & ~F~Y Jo White to the Board of Appeals of the Town of Southold TO: 1~, Ath~n~e Z.mnhiroff Ne-. York, Ne-- Y~rk NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of App. e_~lls of the Town of SoutbgJ_d to reque.~st a (Variance) ~ ~ f~the following relief:~'~ C~c[~r"~c-~F~-~c. \¼ wx %' ce,4T ' ' 2. That the I~operty which is the subject of the Petitim~ is located adjacent to your property and is des- cribed as follows: NoF~en~s M.~e.k~ : g-Ftr~t S~ : S.M,~n S~ : W.J IC~nczell 3. That the property which is the subiect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: to ~tvi~e ~ro~er~y ,-ith inruffi ~nt fr'~nt g~ $. That the provisions of the Sou~hold Town Zoning Code applicable to the relief sought by the under- slgnedare: Art:t '~ ~V~ -~C~(~'/'/~''b/ /~0 '~[ 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 ~p~esentativ6 have the right to appear and be heard at such hearing. ' ' ~ Petitioner~ ~ ; ,. Post Office Address ~0 R~- ~;~,~ N~.~ Rut'go]k: Ne-., Yo~'k ~qr~ O~ 2 6 24 5o' Z9 CUTCHOGUE HARBOR ~,0 '51 ' 46 ) ~.SA.~ -/ SEE SEC. NO "' (~) t,6A[c~ ~9 BAY ECONIC KEY