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HomeMy WebLinkAbout2485 ;g~ifi1ifc~~~;~&~FJ~ _m of..-D Sb-I-;( / J ~ Y P6- - /;.;. 11/917? re~;J1t5<;';1J,j) /0 CJ!EI7~ A IDT iU/;D sof:F /I:2t:A - f'::; l.1'r ~ 7EJJ ;) 9!7;p .", ~.:j 1 - --..-" '" TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2485 Dated October 5, 1978 ACTION OF THE ZONING BOARD OF APPE~2LS OF THE TOW/N OF SOUTHOLD To Ernest E. Wilsberg and Harold W. Wilsberg Olejule Lane Mattituck, New York 11952 (Richard J. Cron, DATE.NO~......2~, 1978 Appellant Esq. ) at a meeting of the Zoning Board of Appeals on November 9, was considered and the action indicated below was token on your ( ) Request for variance due to lack of access to property ( ) Request for a speeial 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 confirmed because 8:50 P.M. (E.S.T.) Upon application of Ernest E. Wilsberg and Harold W. Wilsberg, Olejule Lane, Mattituck, New York, (Richard J. Cron, Esq.) for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to create a lot with insufficient area. Location of property: Lot No. 6, Long Pond Estates, Southold, New York. 2. VARIAi~CE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because 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 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 een~irmed ( ) be reversed. SEE REVERSE FORM ZB4 APPROVEDzoNiNo BO. D (:~}iirman "g'6~ard 0~ Appeals ~ After investigation and inspection the Board finds that the applicant wishes to create a lot with insufficient area. The applicants have for the past four years been dealing with the Planning Board and County agencies relative to the Long Pond Estates subdivision. Lot No. 6 will have only 36,760 square feet due to the location of Long Creek Road. The Board agrees with the reasoning of the applicants. 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. Grigonis, seconded by Mr. Doyen, it was RESOLVED that Ernest E. Wilsberg and Harold W. Wilsberg, Olejule Lane, Mattituck, New York, be GRANTED permission to create a lot with insufficient area as requested. Location of property: Lot No. 6 Long Pond Estates, Southold, New York. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. RECEIVED Ak'D FILED BY 'ii)[E SOU'iiiOLD Tou,q~' DATE/0,/..5/~ ~' HOUR ~.' Town Clerk, Town of Southold Notice of Hearings -2- November 9, 1978 8:25 P.M. (E.S.T.) Upon application of Richard Wall, 2715 Nassau Point Road, Cutchogue, New York (William J. jacobs, as Agent), for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area. Location of property: Nassau Point Road, Cutchogue, New York, bounded on the north by Felix R. Palmeri; east by Little Peconic Bay; south by Bernard E. Goerler; west by Nassau Point Road. 8:35 P.M. (E.S.T.) Upon application of Olympia Kouros Main Road, Mattituck, New York, for a variance to the Zoning ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property into 3 lots with insufficient area and width. Location of property: Bunny Lane and Kouros Road, New Suffolk, bounded on the north by Kouros Road; east by Bunny Lane; south by Joseph Arena; west by Salvadore Caridi. ~ 8:50 P.M. (E.S.T.) Upon application of Ernest E. Wilsberg and Harold W. Wilsberg, Olejule Lane, Mattituck, New York, (Richard J. Cron, Esq.) for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to create a lot with insufficient area. Location of property: Lot No. 6, Long Pond Estates, Southold, New York. Dated: october 30, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PUBLISH ONE (1) TIME NOVEMBER 2, 1978, AND FORWARD SIX (6) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS PRIOR TO NOVEMBER 9, 1978. Copies mailed to the following on October 30, 1978 Abigail A. Wickham a/c North Fork Bank and Trust Company Abigail A. Wickham a/c Joseph Kubacki Evelyn C. Olsen William J. Jacobs a/c Richard Wall Olympia Kouros Richard J. Cron a/c Ernest E. and Harold W. Wilsberg. 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 Sunthold, New York, public hearings will be held by the Zoning Beard of Appeals at the Town. Hall, Main Road, Seuthold, New York, on Thursday, November 9, 1978, on the following ap- peals: 7:45 P.M. (E.S.T.) Upon application of North Fork Bank and Trust Company, 245 Love Lane, Mattituck, New York, (Abigail A. Wickham, Esq.) for a variance in ac- cordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk and Parking Schedule for per- mission, to construct an ad- dition on the Sunthold office. Location of property: Main Road, Southold, New York, bounded on the north by Main Read; east by Rudolph H. Bruer; south by Grace R. Edson, Lewis Edson and Deborah D. Edson; west by Grace R. Edsom 7:55 P.M. (E.S.T.) Upon application of Joseph Kubacki, Nokomis Road, Sonthold, New York, (Abigail A. Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-31 and Bulk and' Parking Schedule for permission to construct a house with insufficient front yard setback. Location of property: Nokomis Road, Seuthold. Now York. bounded on the north by Nokomis Read; east by Stanley and Joyce Garen; south by Rnssel Freund: west by Antoine H. Van den Heuvel. 8:10 P.M. (E.S.T.) Upon application of Evelyn C. OIsan, Main Road, Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article VI, and Bulk and parking Schedule for permission to construct an addition to an existing building. Location of Property: Main Read, Laurel, New York, bounded on the north by Main Read (State Read 25); east by Sophie Kander; south by Katherine B. Tuthill; west by H. Pollak. 8:25 P.M. (E.S.T.) upon.. application of Richard Wall, 2715 Nassau Point Road, Cutchogue, New York (William J. Jacobs, as Agent), for a -~ariance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct an aceessor .y building in the front yard area. Location of pr. operty: Nassau Point Road, Cut- chogue, Now York, bounded on the north by Felix R. Palmeri; 'east by Little Pecenic Bay; south by Ber- nard E. Goerler; west by Nassau Point Road. 8:35 P.M. (E.S.T.) Upon application . of Olympia Kouros, Main Read, Mat- tituck, New York~ for a variance to the Zoning Or- dinance, Article IIL Section 100-31 and Bulk and Parking Schedule for ,permission to divide pro~ into ~Jots with insufficient ~i~"ea aid width. Location of lg6perty:~ Bunny Lane and Kota'es ROad,'New Suffolk, boul/ded on the north by Konros Read; east by Bunny Lane; sOUth by Joseph Arena; west by Salvadore Caridi. 8:50 P.M. (E.S.T.) ,applicatinn~of Ernest E. .]~Y.i]il~.llg, Olejule Lane, Mattituck, New York, (Richard J. Cron~ Esq.) for a variance to the Zomng Or- dinsnce, :Article III, Section ~ 100-31 and Bulk and Parking · Schedule for permission to 'create a lot with insufficient area. Locfition of propertY:_ Lot No. 6, Long PondEstatos, Seuthold, New York. Dated: October 30, 1978 ' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TN2-30~7 COUNTY OF SUFFOLK, STATE OF NEW YORK. ~ ss: J ..... rProy .G~at~v. son ............... being duly Sworn, suys that .. t~,~.., is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in s~id county: and that the notice, of which the annexed is a printed copy, has been published in the s~id Suffolk Weekly Times once in each week, for .... o. ne..{Ii .............. weeks successively commencing on the ..~...~II.d, ................ . . Novembex' ~ ?~ aay o~ ............. ~ ...... ~ .... Sworn to, ]!;~iq'~e me ~his . ]...f..~.... I ........ ,:: ..... .... /( :.. { NOT~P~ ~: "~ ' ,e;~ York LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the pro- visions of tile Amended Build- ing Zone Ordinance of the Town of Southold, New York. public hearings wiJl be held by the Zoning Board of Appeals at t~e Town Hall, Main Road, Sonthold, New York, on Thurs- day, November 9, 1978, on the followiflg appeals: 7:45 P.M.(ES.TO Upon ap- plication of North Fork Rank and Trust Company, 245 Love Lane, Mattituck, New York, (Abigail A. Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk and Parking Schedule for permission to construct an addition on the~ Southold of- rice. Location of property: Main Road, Southold, New York, bounded on tl~e north by Main Road[ cast by Rudolph H. Bruer; ~ofith by Grace R. Edson., ,I~ewi~,, Edson . and Deborah D. Edson; west by Grace R. Ed$on. 7:SS P.M. (E.S.T.) Upon application of Joseph Kubacki, Nokomis Road, Southold, New York (Abigail A. Wickham, Esq.) for a variance in accor- dance with the Zoning Ordi- nance, Article 111. Section 100-31 and Bulk and Parking Schedule for permission to construct a house with insuf- ficient front yard setback. Location of property: Nokomis Road, Southold, New York, bounded on the north by Nokomis Road; east by Stanley and Joyce Garen; south by Russel Freund; west by An- toine H. Van den Heuvel. 8:10 P.M. (E.S.T.) Upon application of Evelyn C. Olsen, Main Road~ Laurel, New York, for a variance in accordance with the Zoning Ordinance, Article VI, and Bulk and Parking Schedule for permis- sion to construct an addition to an existing building. Location of property: Main Road, Lau- rel, New York, bounded on the north by Main Road (State Road 25); east by Sophie Kander, south by Katherine B. Tuthill; west by H~ l~ollak. 8:25 P.M. (E.S.T.) Upon application of Richard Wall, 2715 Nassau Point Road, Cut- chogue, New York (William J. Jacobs, as Agent), for a variance to the Zoning Ordi- nance, Article 111, Sdction 100-32 for permission to co.n- struct an accessory building in the front yard area. Location of property: Nassau Point Road, Cutehogue, New York, bound- ed on the north by Yellx Palmeri; east by Little Peconic Bay; south by Bernard E. Goerler; west by Nassau Point Road. 8:3S P.M. (E.S.T.) Upon application of Olympia Kou- fas, Main Road, Mattituck, New York, for a variance to the Zoning Ordinance, Article Ill, Section 100-31 and Bulk and Parking Schedule for permis- sion to divide property into 3 lots with insufficient area and width. Location of property: Bunny Lane and Kouros Road, New Suffolk, .bounded on the north by Kour0~ R~adl, east by Bunny,'.~ a~th by Joseph Arena : ~t:~ CarIdl. ... t~,?' ,~! York, (Richard J. Cron, Esq.) for a variance to the Zoning Ordinance, Article Ill, Section 100-31 and Bulk and Parking Schedule for permission to create a lot with insufficient area. Location of property: Lot No. 6, Long Pond Estates, Southold, New York. Dated: October 30, 1978. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT - 11/2 (676) COUNTY OF SUFFOLK STATE OF NE'~V 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 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 ~uccessively, commencing on the ~ Sworn to before me this .....-~.... ............... day ot .. ........... 19...'7..,cT". O0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAl. File No ................................................................... Date ......................... ...~....~.,~,.?. ......... ?,..?, 19Z~,~,'. To ~..~.~.~%..%~.?..U.?......~!..¢,.~.~~ (~ 4~ '~ 0 PLEASE TAKE NOTICE that your application dated ............................... ~...~..........~....~, 19.Z..~. for permit to~ ........................................ at the premises located at ...~.~.~.~.....~.~.~-- ...................................................................... Street ~OU 7~ ~ap .................................... Block .................................. ~. ........ Lot ............. ~ .............................. i~ returned hereWith and di~appr~e~ on t~e ~ollow~ng grounds ....... .~.~..,~.~..~.~.~.~.~.~.~ ....... _.~.~.~.,~. .............................. ~.~ ...... ~ ........... ~.~.~.:.~J.._.~...~.~.~ ...... ~~.~.~ Building Inspector JUDITH T. TERRY TOV~ CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 October 16, 1978 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2485, application of Ernest E. & Harold W. Wilsberg for a variance. Also included is notification to adjoining property owner as follows: Robert Lnad, Jr., Box 726, Southold, New York 11971. T. Terry // Town Clerk ~J JTT/bn 'c:file ~C. / © D TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'9~z~J DATE 10/5/78 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. RICHARD J. CRON, ESQ., , Main Road Name .... of'X giig 'as agent~°t ............................................................................ Street and Number Cutchogue New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO ERNEST E. WILSBERG and HAROLD W. WILSBERG Name of Applicant for permit of Olejule Lane Mattituck New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit to create a lot Proposed Long Creek Drive - "A" Residential & 1. LOCATION OF THE PROPERTY ...................................................... Proposed map of Proposed Street ....... ............ 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.) Section 100-31 and the Bulk Schedule 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 Chop. 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 ~ppeal 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 the total lot area is applicant to meet the present a~ea requirements of the Southold Town Zoning Ordinance. insufficient to enable of the provisions ~orm z~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce procticaldifficultiesorunneces- sary HARDSHIP because to enlarge the proposed lot #6 to a full 40,000 sq.~t. would necessitate a complete revision of the proposed subdivision of Long Pond Estates, and in particular, a relocation of the proposed Long Creek Drive Road as delineated in Section One of said map, a photocopy of that portion being annexed hereto and~made a part hereof. The approval of this subdivision has been before the Planning Board and County Agencies for almost four years, and to deny the applicant at this stage the relief requested, would cause substantial financial hardship and a great period of delay ~n.securing the approval ~f Section One of Long Pond Estates Subdzvzsion. That said SectiOn Ome in all other respects meets the requirements of the Planning Board and other appropriate agencies. A denial of this application for anarea variance would cause substantial financial loss and tremendous practi- cal difficulty to the applicant. 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 uniqueness need not be esta- blished as the application is for an "area"variance'. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this application deals solely with an ~area~"varianCe . STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss ~gent Sworn to this 5th day of ............. ..O.(;~:.O.b.e.~ .......................... 1978 JANE FLATLEY NOTARy PUBLIC, State of New York No. 52-4665418, Suffolk County~.~ Commission Extoires March 30, I~.~ ATTO R N EY-AT- LAW MAIN ROAD · CUTCHOGUE, NEW YORK 11935 · PHONE §16-734-5100 Tm r Clerk, Zoning Board of Appeals ~ Town Hall Southold, N.Y. 11971 D^T£ November 8, 1978 --Re: Application of Ernest E. and Harold W. WilSberg lot Y~6 - Long Pond Estates Dear Mrs. Conroy: In connection with the above captioned and pursuant to your.reqUest, w.e enclo~e herewith Notice of Disapproval issued by the Southold Town Building Department dated September 29, 1978. We trust that this will complete your file application. Rich~rd -J. Cron BY RJC/jf -Eno.1 BOARD OF APPEALS, TOWN OF SOUTHOLD Inthe MatterofthePetitionof : ERNEST E. WILSBERG and : HAROLD W. WILSBERG : totheBoardofAppealsoftheTownofSouthold : TO: ROBERT LANG, JR. BOX 726 Southold, N.Y. 11971 NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals o~the Town of Southold to request a (Variance) (~ (Special Permit) (the following relief: o create a residential lot with insufficient area ). 2. Thattheproperty whichisthesubjectofthePetitionisl~a~dadjacenttoyourpropertyandisdes- cribed ~ ~llows: Proposed Lot No. 6 on proposed map of Long Pond Es~a~es: Section One, located easterly approximately 300 feet from the easterly line of Laurel Avenue, Southold, New York 3. That the property /~' ~(~¢-~/~/~t~ Il ~t~/~g.~ wh~ich is the subjec~t of s~ch Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: A variance from the total lot area required by the Southold Town Zonin~ Ordinance 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Section 100-31 and the 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, 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 sugh 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. ~ as Agent Post Office Address Main Road Cutcho~ue, N.Y. 11935 .. PROOF OF MAILING OF NOTICE NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: JANI;: W. FI~TLEY , residing at Mattituc~ New York , being duly sworn, deposes and says that on the _~'~'~ day of October ,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 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 Cutchogue ; that said Notices were mailed to each of said persons by (certified) (r~) mail. Sworn to before me this day o~/"~J~ber// -~ .,'19 78__ L//'~.'""/' ,~N ~tary~ u~',ic/~''' \ \ \ 10.SA[c) ® 22.3A~:) Legend .D AB. _~4,,7 t~.=O.O 174.0~