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TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONIlqG BOAI~D OF A~PEALS Appe~ No. 2270 Dated April 19, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOVFN OF SOUTHOLD To Robert & Virginia Kroepel 2360 Oaklawn Avenue Southold, NY 11971 AppeHani 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 ( ) May 12, 1977 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was determined th~ a special exception ( ) be granied ( ) ~ de.ed pursuant to ~t~le .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordnance and the decis~n of the Bulldog I~pector ( ) be reversed ( ) be co~irmedbeca~e 8:30 P.M. (E.D.S.T.) upon application of Robert and Virginia Kroepel, 2360 Oaklawn Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to construct tennis court with fence exceeding maximum height. Location of property: West side Oaklawn Avenue, Southold, New York, bounded on the north by Southo~d School District and L. Baker; east by J. Graves; south by Jockey Creek Drive; west by B. Arm. 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) 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 After investigation and inspection, the Board finds that the applicants request permission to construct tennis court with fence exceeding maximum height, west side Oaklawn Avenue, Southold, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicants. The Board finds that strict application of the Ordinance would produce practical difficulties or u~necessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this 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. THEREFORE IT WAS RESOLVED, Robert and Virginia Kroepel, 2360 Oaklawn Avenue, Southold, New York, be GRANTED permission to con- struct tennis court with fence exceeding maximum height, west side Oaklawn Avenue, north side Jockey Creek Drive, Southold, New York, as applied for, subject to the following condition:. The northerly fence of the tennis court shall be placed as close to the northerly line of Lot #26 as possible. The westerly fence of the tennis court shall be on the line between Dr. Kroepel and Dr. Arm. The enclosure shall be no larger than 60' by 120'. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. RECEIVED AND FI= D BY ~.77. SOUl,tOLD TO?~N DATE ~ -~- 7 7 ~HO~ I1.'00~. M. lerk, Town of Southold LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Bu'ilding Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, May 12, 1977, on the following appeals: 7:30 P.M. (E.D.S.T.)- Decision upon.application of Nicholas W. Ippolito for a variance to divide property wi~h existing buildings, south side North Road (CR27), Southold, New York. 7:45 P.M. (E.D.S.T.) - Decision upon application of Spencer W. Petty, III, for a variance to divide property, west side Track Avenue, Cutchogue, New York. Faulkner, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Articl~ III, Section 100-32 for Permission to construct accessory building in front yard area. Location of. property: Nassau Point Road and Vansto] Road, Cutchoque, New York; Lot ~177 and ~178, Nassau Point Properties. 8:10 P.M. (E.D.S.T.) upon application of Paul and Margaret Kayser, 1206 Main Street, Greenport, New York for a variance i~ accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 B~for permission to convert existing buildin¢ into two-family dwelling. Location of property: East side Main Street, Greenport, New York, bounded on the north by Gran, Union Co.; east by A. Bonkoski; south by DeRubio & others; west by Main Street. 8:20 P.M. (E.D.S~T.) upon application of Frank & Vera Sco West View Drive, Mattituck, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Attic] III, Section 100-30 and Bulk Schedule for permission to divid~ property with insufficient width and area. Location of Legal Notice -2- Hearings: May 12, 1977 property: Northwest side of West View Drive, Mattituck, New York, bounded on the north by Anchorage; east by Woodcliff Drive; south by West View Drive and A.. Boscomb; west by Mattituck'Cree~ 8:30 P.M. (E.D.S.T.) upon application of Robert & Virginia Kroepe!, 2360 Oaklawn Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to construct tennis court with fence ex- ceeding maximum height. Location of property: West side Oaklawr AVenue, Southold, New York, bounded on the north by Southold School District and L. Baker; east by J. Graves; south by Jockey Creek Drive; west by H. Arm. 8:40 P.M. (E.D.S.T.) upon application of William B. Smith a/c R. V. Gehlmeyer, 220 Mechanic Street, Southold, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (b) for permission to place side wall sign on existing building. Location of property: South side Middle Road (CR27), by CR27; east by Barzac; 8:50 P.M. (E.D.S.T.) Southold, New York, bounded on the nortl south by Bucci; west by Klein. upon application of Dominic J. Catalan( 28 Joval Court, Brooklyn, New York for with the Zoning Ordinance, Article III, Section Schedule for permission to divide property with a variance in accordance 100-31 & Bulk insufficient width and area. Location of property: Bay View Avenue and North Drive, Mattituck, New York;~Lots 19 through 22+, Shore Acres. 9:00 P.M. P.O. Box 1221, (E.D.S.T.) upon application of Elizabeth Yaro, Minnehaha Boulevard, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 a~d Bulk Schedule for permission to divide prop- erty with insufficient width and area. Location of property: Minnehaha Boulevard, So~thold, New York, bounded on the north by Minnehaha Boulevard; east by Laughing Water Property Owners Association; south by Corey Creek; west by G. Moyle. Legal Notice -3- Hearings: May 12, 1977 9:10 P.M. (E.D.SiT.) upon application of Constantine Vloutely, 605 Maple Lane, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100- 32 for permission to construct tower exceeding maximum height. Locatio~ of property: Maple Lane, Mattituck, New York, bounded on bhe north by Peconic Homes Subdivision; east by R. Brooks; south by Maple Lane; west by Krupski. 9:20 P.M. (E.D.S.T.) upon application of Leslie Hart, Hart Hardware, Inc., Main Road, Southold, New York for a variance in accordance with~the Zoning Ordinance, Article III, Section 100- 80 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Main Road and Jockey Creek Drive, Southotd, New York, by Jockey Creek Drive; east by Ellis Terry; Creek and Ulrich; west by Main Road. bounded on the north south by Jockey 9:30 P.M. (E.D.S.T.) upon application of Henry Stelzer & wife, Main Road, Peconic, New York for a varianee in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: North side Main Road, Peconic, New York, bounded on the north by A. Stelzer and M. Harris; east by Pilles; south by Main Road; west by.iF. Stelzer~ . 9:40 P.M. (E.D.S.T.) upon application of Joseph Vandernoth, Osprey Nest Road, Gre%nport, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insuffi- cient side-yard setback. Location of property: Osprey Nest Road, Greenport, New York; Lot #18, Cleaves Point Subdivision, Section I. 9:50 P.M. (E.D.S.T.) upon application of Ralph W. Ellwood, Oyster Ponds Lane and Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 for permission to construct dwelling unit on business Legal Notice -4- Hearings: May 12, 1977 building. Location of property: Main Road, Orient, New York, bounded on the north by Main Road; east by Oyster Ponds Lane; south by L. Zarzeski; west by G. Moon. 10:00 P.M. (E.D.S.T.) upon application of Isaac Edwards, Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence exceeding maximum height. Location of prop- erty: East side Rocky Point Road, East Marion, New York, bounded on the north by Yanks; east by Howell; south by Muir; west by Rocky Point Road. 10:15 P.Mo (E.D.S.T.) upon application of Frank Vanecek, c/o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York for a special e~ception in accordance with the Zoning ordinance, Article III, Section 100-30 B (9) for permission to amend marina permit to include the sale of gasoline. Location of property: East side Narrow River Road, Orient, New York, bounded on the north by Hughes & others; east by Hallock Bay; south by Plain Land Realty; west by Narrow River Road. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 29, 1977 BY ORDER OF THE SOUHHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, MAy 5, 1977, AND FORWARD SIXTEEN (16) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, ~AIN ROAD, SOUHHOLD, NEW YORK. Copies mailed to the following on April 29, 1'977: Dr. Newton Faulkner Paul and Margaret Kayser Prank and Vera Scott c/o Abigail Wickham, Esq. Robert and Virginia Kroepel William B. Smith a/c Gehlmeyer Dominic J. Catalano Elizabeth A. Yaro Constantine Vtoutely Leslie Hart Henry Stelzer and wife Joseph Vandernoth Ralph W. Ellwood Isaac Edwards Frank Vanecek c/o F. Tedeschi LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provLsions of the Amended Building Zone Ordinance of the Town of Southold, New ~York, public hearings Will b~ 'h~ld by the Zoning B~ird of Appeals at the Town Office, Main Road, Southold, New Yoi'k ~ Thursday, May 12, 1977, on ~ following appeals: .: :' 7:30 P.l~i (E.D.S.T.)--Decision upon application ~g Nicholas W. Ippolito for a variance to divide' property witt~ existing buildings, south side North Road (CR27), Southold, New York. 7:45 P.M. (E.D.S.T.)--Decision umm aoolieation of S~encer W. Petty, III, for a variance to divide proi~rty, west side Track Avenue, Cutehogue, New York. 8:00 P.M. (E.D.S.T.) upon application of Dr. Newton Fanllmer, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Lec~ition of property: Nassau Point Road and Vanstun Road, Cutchogue, New York; Lot No. 177 and No. 178, Nassau Point Properties. 8:10 P.M. (E.D.S.T.) upon application of Paul and Margaret Kayser, 1206 Main Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 B for permission to convert existing building into two-family dwelling. Location of property: East side Main Street, Green- pert, New York, bounded on the north by Grand Union C$.; east by A. Bonkoski; south by DeRubin & others; west by Main Street. 8:20 P.M. (E.D.S.T.) upon application of Frank & Vera Scott, West View Drive, Mat- tituck, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide 'property with insufficient width and area. Location of property: Northwest side of West View Drive, Mat- tittuck, New York, bounded on the north by Anchorage; east by Woodcliff Drive; south by West View Drive and A. Bnscomb; west by Mattituck Creek. - /'8:30 P.M. (E.D.S.T.) upon application of Robert & Virginia Kreepel, 2360 Oaldawn Avenue, Southnid, New York for a variance in accordance with the ~ Zoning Ordinance, Article III, Section 100-35 for permission to construct tennis court with fence exceeding maximum height. Location of property: West side Oaklawn Avenue, Southold, New York, bounded on the north by Southold School District and L. Baker; east by J. Graves; south by Jockey Creek Drive; west by~ IL Arm. 8:40 P.M. (E.D.S.T.) upon application of William B. Smith a-c- R. V. Gehlmeyer, 220 Mechanic Street, Sonthold, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100~ooo0 C lb) for permission to place side wall sign on existing building. Location of property: South side Middle Road (CR 27), Southold, New York, bounded on the north by CR27; east by Barzac, south by Bucci; west by Klein. 8:50 P.M. (E.D.S.T.) upon application of Dominic J. Catalano, 28 Joval Court, Brooklyn, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 & Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Bay View Avenue and North Drive, Mat- tituck, New York; Lots 19 through 22 ~, Shore Acres. 9:00 P.M. (E.D.S.T.) upon appheation of Elizabeth Yaro. P.O. Box 1221, Minnehaha Boulevard, 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 insufficient width and area. Location of property: Minnehaba Boulevard, Sonthold, New York, bounded on the north by Min- nehaha Boulevard; east by Laughing Water Property Owners Association; south by property: East side Rocky Point Road, East Marion, New York, bounded on the north by Yanas; east by Howell; south by Muir; west by Rocky Point Road. 10:15 P.M. IE.D.S.T.) upon application of Frank Vanecek, c- o Frederick J. Tedeschi, Esq., 403 Main Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 13 (9) for permission to amend marina permit to include the sale of gasoline. Location of property: East side of Narrow River Road, Orient, New York, bounded on the north by Hughes & others; east by Halleck Bay; south by Plain Land Realty; west by Narrow River Road. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 29, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS being duly Sworn. ~r of the SUFFOLK ~t Greenport. in said annexed is u printed iffolk Weekly Times ............. weeks Corey Creek; west by G. Moyle. 1TM5--2696 9:10 P.M. (E.D.S.T.) upon Q ~r.~ application of Constantine - ........ .... : ' · ' Vloutely, 605 Maple Lane, ~ _~ ,cb ~._~_~_~_~___.___.~ Mattituck, New York for a -~;' '"~''~7''%~' '~' "~ .................. variance in accordance with the ~lore me this .... Zoning Ordinance, Article III, Section 100-3~ for permission in construct tower exceeding maximum height. Location of property: Maple Lane, Mat- tituck, New York, bounded on the north by Peconic Homes Sub- division; east by R. Brooks; south by Maple Lane; west by Krupski. 9:20 P.M. (E.D.S.T.) upon application of Leslie Hart, Hart Hardware, Inc., Main Road, Southold, New York for a variance in accordance with the Zoning ordinance, Article III, Section 10080 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Main Road and Jockey Creek Drive, Southold, New York, bounded on the north by 3eckeyCreek Drive; east by Ellis Terry; south by Jockey Creek and Ulrich; west by Main Road. 9:30 P.M. (E.D.S.T.) upon application of Henry Stelzer & wife, Main Road, Peconic, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to set off lot with in- sufficient width and area. Location of property: North side Main Road, Peconic, New York, bounded on the north by A. Stelzer and M. Harris; east by Pilles; south by Main Road; west by F. Stelzer. 9:40 P.M. (E.D.S.T.) upon application of Joseph Van- dernoth, Osprey Nest Road, Grecnpert, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct ad- dition with insufficient side-yard setback. Location of property: Osprey Nest Road, Greenpert, New York; Lot No. 18, Cleaves Point Subdivision, Section 1. 9:50 P.M. (E.D.S.T.I upon application of Ralph W. Ellwond, Oyster Ponds Lane and Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100~6o0 for permission to construct dwelling unit on business building. Location of property: Main Road, Orient, New York, bounded on the north by Main Road; east by Oyster Ponds Lane; south by L. Zar- zeski; west by G. Moon. 10:00 P.M. (E.D.S.T.) upon application of Isaac Edwards, Main Road, Orient, New York for a variance in accordande with the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence exceeding maximum height. Location of ....... NANC? 11. DOUGLAS~ NOTARY PUBLIC. St'z~e e~ New ~on E~ ~ ~ 1~ LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordi- nance of the Town of Southold/ New York. public hearings will be held by the Zoning Board of Appeals at the Town Office. Main Road, Southold, New York on Thursday, May 12. 1977, on the following appeals: 7:30 P.M. (E.D.S.T.) - Decision upon application of Nicholas W. lppolito for a variance to divide property with existing buildings, south side North Road (CR271, Southold, New York. 7:45 P.M~ (E.D.S.T.) - Decision upon application of Spencer W. Petty. Ill, for a variance to divide property, west side Track Ave- nue. Cutchogue. New York. 8:00 P.M. (E.D.S.T.) upon application of Dr. Newton Fanlk- her. Nassau Point Road, Cutch- ague. New York for a variance in accordance with the Zoning Ordi- nance. Article 111. Section 100-32 for permission to construct acces- sory building in front yard area. Location of property: Nassau Point Road and Vanston Road. Cutchoguc. New York: Lot #~77 and #178. Nassau Point Proper- ties. 8:10 P.M. (E.D.S.T.) upon application of Paul and Margaret Kayser, 1~06 Main Street, Green- port, New York for a variance in accordance with the Zoning Ordi- nance, Article HI, Section 100-30 and 100-31 B for permission to convert existing building into two-family dwelling. Location of property: East side Mldn Street, Greenl~rt, New York, bounded on the north by Grand Union Co.; east by A. Bonkoski; south by DeRubio & others; west by Main Street. 8:20 P,M. (E.D.S.T.) upon application of Frank & Vora Scott, West View Drive, MaRituek, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Northwest side of West View_Drive. Matti- tuck. New York, bounded on the north by Anchorage; e~st by Woodcliff Drive; south by West Cd A. Boscomb; west reek. · (E.D.S.T.) upof'~ Robert & Virginia Oaklawn Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-35 for permission to construct tennis court with fence exceeding maximum height. Location of property: West side Oaklawn Avenue,' Southold, New York, bounded on the north by Southold School District and L. Baker; east by 3. Graves; south by Jockey Creek Drive; west by H. Arm. 8:40 P.M. (E.D.S.T.) upon application of William B. Smith a/c R. V. Gehlmeyor. 2~0 Me- chanic Street, Southold, New COUNTY OF SUFFOLK I. ss: STATE OF NEW YORK j Sherley KarT, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southotd, 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 ~: , 19 // .... ............................... day of ~/~ Sworn to before me this ~' day or ...... ................ ................... ...., ........ Notary Public ETHEL PALLADINO NOTARy PUBLIC, Sla~e of New No. 52-4628953 Qualified in Suffolk County Commission Expires March $0, 1~78 FOEM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SO'UTHGLD, N. Y. NOTICE OF DISAPPROVAL 19..?..(y File No .................................................................. Dote ..................... .1 .~'.... Z.,.....'.....:.. ......... , ! .................... ................................ PLEASE TAKE NOTICE th~ your app~c~ion dated ........... x..~.~ .......... ~ ............. , l~...; .... , ~.~ ~ ~I ~, ,~ ..... for permit to construct' ................... ~ ~/ .......... at the 3rem~ses ~ocatea aT ........ ~4_~ ..................... .... (~F_~:..~L~ ............. :.. st~t ~ ~ Map ..................../~ ......... Block ~ Lot ~ is ..... ~ u~ ~~ r~-~,, and disapproved on the ~oHow~ng grounds .................... : ....................................... .. bC~... 4 .~] ....................................................................................................... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ TO THE ZONING BOARD O~F APPEALS, TOWN OF SOUTHOLD, N. Y, X, (We) RQ.h.e.r..t....~...V. ir.~i.D_i..~..~.,...~r..o..e.p..e~f .....2..$..6.,Q..O.a.k...].,.~....A..v...e..n...u..e. .......................... Nome of AppeJJa,nt Street and Number .... ~.o..g.t._b:.o..,~..~. ...................................................................... ,~.,e..~...~.o...r.~ ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD)NG II~SPECTOR ON APPL,C^T,ON FOR PERM,T NO ..................................... DATED ....... ............... WHEREBY THE BUILDING INSPECTOR DENIED TO . .l~Q..b..e.r..t....a .n..~ ...V.$ r.g i.~ ia ..~ ,... Kr.o.¢p.¢ 1 ...... Name of Applicant for permit of ................................. Street and ',]umber Municipality State PERMIT TO USE PERMIT -FOR OCC,L, PANCY Street Use District on Zoning Map Map No. Lot No. 2. PROVIS]ON (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.) 3 TYPE OF APPEAL Appeal is mace herewith for (~_~ARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE cue ~o lack of access (State of New York Town Law Chap. 62 Cons Laws Art 16 Sec. 280A Subsection 3 PRE~ ]OUS APPEAL A previous appeal ([b~) (has not) been made with respect to this decision 4. of the Dui[ding 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 APPEA'L A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,srequested forthereasonthat applicants wish to construct a tennis court on this vacant lot with a standard 10' fencing around the perimeter of the court Fomn ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica~ difficulties or unneces~ sary HARDSHIP because without the standard !0" fencing around the perimeter of the tennis court, the court woul~ not be useable~ 2. The hardship created]s UNIQUE and is notshared by ali properties Qtike in the immediate vicinity ofthis property and in this use district because persons who o~z suff±cient vacant land,on which a tennis court could be constructed do not wisk to do so. 3. The Variance would observe the spirit of the Ordinance Qnd WOULD NOT CHANGE THE CHARACTER OF THE DIS/RICT because no change to this vacant lot woutd be made excepting the construction of the tennis court and the fencing around it. The planned set back of the court will protect and maintain the aesthetic of the surrounding properties. STATE OF NEW YORK ) ) COUNT'eOF SUFFOLK ) S Robert ~roepel Sworn to this ~D,i~.~..~.~.f~t;k .................... day of ...... Apz~il ...................................... ~9 77 Notary Public NOT~Rv ~,ml- - , Ne ~2 1~~ u, ~rate o? N~w York FOB~ NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. ¥. Examined ........................................ , 19 ........ Approved ...................................... , 19 ........ permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building inspector) APPLICATION FOR BUILDING PERMIT Date ....... ,R..R,~.J;1....];..9. ..................... , 19..,7...7. ..... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to aaioining premises or public streets or areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection through~out the 'work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Deportment for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, Ne~rk, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alteratiox~,, o.,r,.fo~ removal or demoJition, as herein described. The applicant agrees to comply with all applicable laws, ord, i4~agc, e~, ~?uildin~6 code, housing}cede, and regulations, and to admit authorized inspectors on premises and in buildings f~S5 n.~es,~- .... ..... ........ (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder, O~e~ Name of owner of premises ..... ..~.~..b.'.e..z7~g~e.~.e..];~.~...c1.~.V~r.~.J:D~$~.~.~e.g~ .................................................... if applicant is a corporate, signature of duly authorized of~!cer. (Name and title of corporate officer) Builder's License No ..................................................... Plumber's License No ................................................. Electrician's License No ............................................. Other Trode's License No ............................................... Location of land on which proposed work will be done. Mop No.: ........ . ................................ Lot No ......................... Street and Number ~r~.s.`~.c].e'~.~.~..~.~.~.e.`~.~C~.e.~.e.~D`C$~Y`~.~.3.~.5~.~.~.e.~r~.~~e- Southold, New York Municipality State existing use and occupancy of premises and intended use and occupancy of proposed construction: e: Exisiting use and occupancy ....... ~ ...... i,~,,fLg,~.~..,:LQ.IX .......................................................................................... b. Intended use and occupar~cyM'..-:: ....... ~,.~..e...~..~...i. fi~..g.,q.g.~.~.. ..................... j .............................................................. 3. Nature of work (check which ap~!icab[e): New E~uilding.. ................. Addmon .................. Alteration _, ............. Repair .................. Remc~a] .................. Demolition .................... Other Work ?...o.~essory structure (Description) $5,000 4. Estimated Cost ............................................................ rea (to be paid on filing this application) 5. Jf dwe!iing, number of awehmg units ......... Number o'r dwelling u~ts on each floor ..... , ...................... if garage, number of cars 6. ~f bus,ness, commerda~ or m~xed occupancy, speci~ nature and extent of each type of use ' n ...... 60' 60' 7. D~me ,s~ons o~ ex:stmg structures, ff any: rron~ ............................ Rear ................................ Depth ~eight ........................ Numar of Stodes Dimensions of same structure w~th a~ter~t[ons or additions: Front ....................................~eor ............................ Depth ................................ Hdght ............................ Number of Stories 8. Dimensions of entire new construction: Front .................................... Rear ............................ Depth ........................ Height .................... Number of Stories 9. Size of [at: Front .2.2.~.~...¢.~...Eg.~9.S...q~.~¢~..~e~r ..........................................Depth ,~.~.~.~.~? 10] Date of Purchase ........................................................ Name of Former Owner 11. Zone or use d~str[ct in which premises ore sF~uoted 12. Does proposed construction violate any zodng Jaw, ordinance or regulation: 13. W~l~ ~o~ be regr~ded ~11 be Wil~ excess fii~ be removed from premises: ( ) Yes ( ) No .... t4. Nome ~ - ~obe=t ~=oe eZ & Addre~ 23.6D..,O~a~... Phone No. o. Owner of.premises .................................... ~ Nome of Architect .............................................................. Address ................................ Phone No Nome of Contractor ............................................................ Address ................................ Phone No PLOT D~AG~M Locate clearly and dist~ncdy al~ buiid~ngs, whether exisd&g or proposed, and indicate dj set-b~k dimensions from prope~ lines. G~ve stree~ and Nod< number or description according to deed, ~nd show street names amd [nd]cote whether interior or corner SEE ATTACHED SURVEY STATE OF NEW YORK, ~. ,- ,- ...... Ro.b~.z:~...Zx:~.o~p~l ......................................................... being d~ly sworn, deposes and soys that he is the applicon (Name of individual signing contrac~ above named. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or h~ormed the said work and to make and file this application; that ali statements contained in this app!ica~,.ar.e, tru~.~,to the best of his know[edge and belief; and that the work will be performed in the manner set forth in thA'~gpplicadon ~iled therewith. Sworn to before me this / Iv' / Notary Public,. ................ .~.U_~.Q ~ .................. County ~~~ ......... ............................ (Signeture~qf applicant:) HERBERT S. ARM, M. D. 167B JOCKEY CREEK DRIVE 29 April 1977 To The Southold Town Board of Appeals; I am enclosing a duplicate copy of a letter I have recently forwarded to Dr. and Mrs. Robert Krc~oel and ~r. Lefferts Edson, which regards a petition by Dr. and 5~rs. Kroepel to the Board Of Appeals. The letter states that my wife and I are not opposed to their proposed change providing that the ten foot high fence, if it is built,be placed at least 100 (one hundred) feet back from the road. If this fence were to placed closer to the road then it would definitely harm the landscaping picture and protrude out by the front of my house, causing a definite"eye sore". Respectfully yours, Herbert $.Arm, r~';.D. HE:RB£1RT $~ ARM, in reference %o the reccr~ nol~ce %hat 3ou forwarded for t,r. and r,,r~.Robert Kroepe] . ! nave been in contact with ~hem and about ~, ~tt,: and th~5' have a~reed ~o the be added %o ~heir peition which will b~ pending before the ~outhold ~own Board, .... "the construction oI a tennis court and ~he resultant 10 (ten) foot high ~'ence,will be se~ back a~ least 100'~one hundred feet) from the s~ree~ (Jockey Creek Drive)." Bob suggested that I write you and state ~his on my letterhead. Thankyou. . ~ Herbert [~.Arm. c.c. Dr. and 5,rs. Robert T.Kroepe] 0aklawn ave. oouthold. JUDITH T. TERRY TOWN CLERK R~GISTRAR OF VITAL STATISTICS Southold, L. E, N. Y. 11971 TELEPHONE 765-3783 April 20, 1977 To: Southold Town Zoning Board of Appeals From: ~udith T. Terry, Town Clerk Re: Application of Robert & Virginia M. Kroepel for a variance-Appeal No. 2270 "~6dith T. Terry Town Clerk ~ JTT/bn BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Robert and Virginia M. Kro~el : : to the Board of Appeals of the Town of S0uthQId : TO: Southold Union Free School District Oaklawn Avenue Southold, New York 11971 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 S°u~o. ld to request a (Variance) (Special Except on) (Special Permit) (the following relief: construction of tennis court with 10' fence enclosure ), · 2. That the property which is the subject of the Petition is located adjacent to your property ~ is des- crlbed as follows: Northeast by Southold Free School District; NOrth by' B~ker; East by Graves and South by Jockey Creek Drive. 3. That the property which is the subject of such Petition is located in the following zoning district: ~'A" Residentiai 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: to construct tennis court with 10' fence exceedinq he~qhth limitations as requlated by zoninq requirements $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by ~t!e under- signedare: 100-35, ~ & C ' 6. That within five days from the date hereof, a written Petition requesting the relief sit,fled above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you maythen and there examine the same during regular office hours. 7. That before the relief sought may be gran~ted, 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 notic~e..s~thatT~ or your representative have the right to appear and be heard at such hearing. Petitioner Post Office Address 2360 Oaklawn Avenue Southold. New York '11971 PROOF OF MAILING OF NOTICE NAME Dr. John Graves ~DDRESS oaklawn Avenu~,.Southold, New York 119 Dr. Herbert S. Arm 1675 Jockey Creek Drive, Southold, New 11971 Mr. Louis F. Baker Main Road, Southold, New York 11971 Southold Union Free School ~=~,-.~ Avenue, Southold, New York 119 Dorris B. clay at Main Road. Southold. New Yo~ Jly sworn, deposes and says that on the _!9th liled a true copy of the Notice set forth on The r- ns at the addresses set opposite their respective )ns'are the addresses of said persons as shown oi id Notices were mailed at the United States Post ,aid Notices were mailed to each of said persons; BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Robert and Virginia M. Kroepel : : to the Board of Appeals of the Town of Southold : TO: Dr. Herbert S. Arm 1675 Jockey Creek Drive Southold, New York 11971 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 SouthoJd to request a (Variance) (Special Exception) (Special Permit) (the following relief: eonstruct±on of tennis court with 10' fence enclosure ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed~follows: Northeast by Southold Free School District; North by Baker; East by Graves and South by Jockey Creek Drive 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: to construct tennis court with 10' fence exceeding heighth limitations as regulated by zoning requirements 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Section 100-35, B & C 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 notic/cw-ehat3reu%or your representative have the right to appear and be heard at such hearing. Petitioner Southold, New York 11971 Dated: April 19, 1977 Post Office Address 2360 Oaklawn Avenue NAME Dr. John Graves Dr. Herbert S. Arm Mr. Louis F. Baker Southold Union Free School District PROOF OF MAILING OF NOTICE ADDRESS Oaklawn Avenue,. Southold, New York 11971 1675 Jockey Creek Drive, Southold, New York 11971 Main Road, Southold, New York 11971 Oaklawn Avenue, Southold, New York 11971 STATE OF NEW YORK) COUNTY OFSUFFOLK) SS.: Dorris B. clay , residing at Main Road, Southold, New York , being duly sworn, deposes and says that on the 19th day of April ,19 77 , 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- ficeat Southold, New York (certified) ~:egi~:mla~ mail. Sworn to before me this 19th day.of April ,19 77 Notary Public ; that said Notices were mailed to each of said persons by 'Dorris B. Clay /z~ / BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petitioo of Robert and Virginia M. Kroepel to the Board of Appeals of the Town of Southold TO: Dr. John H. Graves Oaklawn Avenue Southold, New York 11971 NOTICE YOU A~,c HEREBY GIVEN NOTICE: 1. That it is the intention of th-". undersigned to petition the Board of Appeals of the Town of South'old to request a (Variance) (Special Exception]} (Special Permit) (the following relief: construction o£ tennis court with 10' fence enclosure 2. That the property which is the subject of the Petition is located adjacent to your propertyan.d, is des- cribed~follows~orth~st by Southold Fre~_:~hool District; North by Baker: East by Graves and South bY Jockey Creek Drive 3. That the property which is the subject of such Petition ts located in the following zoning district: g Residential 4.1'hatbysuchPetition, theundersigned willrequestthefollowlngrelief: to construct tennis court w~h 10' fence ex~eedin? heiqhth limitations as regulated by zoning requirements. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Section 100-35, B & C 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 notice~; that you or your representative have the right to appear and be heard at such heariog., .~ /~.. Dated: April 19, 1977 Petitioner Post Office Address 2360 Oaklawn Avenue Southo].d, New York 11971 NAME Dr. John Graves Dr. Herbert S. Arm Mr. Louis F. Baker Southold Union Free School District PROOF OF MAILING OF NOTICE ADDRESS Oaklawn Avenue; Southold, New York 1675 Jockey Creek Drive, Southold, 11971 Main Road, 11971 New Yor~ Southold, New York 11971 Oaklawn Avenue, Southold, New York 11971 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: rice at Southold. New York (certified) (~e~ mail. Dorris B. Clay , residing at Main Road, Southold, ~ew York 11971 , being duly sworn, deposes and says that on the 19th_ day of April ,19 77 ., 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 S0uthold; that said NotiCes were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by Sworn to before me this 19th )ril ,19 77 Notary Public Dorris B. Clay L£FFERT$ PAINE NOTARy PUBLIC . No. 52.1077~ a~:~.of New ~.,~es March ~, - TITLE NO. 128~15 © OOL DISTRICT NO. 5 22 21.7A (c) WEST HILL RD. HOLD SCHOOL :~ICT NO.5 22 14.7 A (c) ? /g 19.5 5.5A(c) CREEK jockey L3A(c) 22 c r ee l~ 9A(c) TOWN OF SOUTHOLD 16 JOLKG~ 60~!TI-4OLD GL,ALP__.: r-JO'= t'.' e = t~ou p~p~ TITLE= Ll-°: 6-$Z!86 ~tU&g-&UTr,-~.D TO T~tr- uoM6 T~TLF- Div. -"