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HomeMy WebLinkAbout2252 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2252 Dated February 15, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Stanley W. Krupski (Abigail Wickham, Esq.) Walter J. Krupski Cutchogue, NY 11935 DATE..M~q~..~0, 1977 Appellant at a meeting of the Zoning Board of Appeals on March 10, 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 in the Zoning Ordinance ( ) 19 7 7 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 cor~irmed because 8:50 P.M. (E.S.T.) upon application of Stanley W. Krupski, Middle Road, Cutchogue, New York, and Walter J. Krupski, 146 Bridge Lane, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with existing building. Location of property: north side CR27, Cutchogue, New York, bounded on the north by other land of applicant; east by now or formerly Henry Taca; south by CR27 (Middle Road); west by other land of applicant. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (b) The hardship e~eated (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 character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance that the previous decisions of the Building Inspector ( ) be confirmed ( SEE REVERSE ' FoRM ZB4 ) be granted ( ) be reversed. BOARD OF APPEALS ) be denied and After investigation and inspection the Board finds that the applicant requests permission to set off lot with existing building, north side CR27, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. 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 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, Stanley W. Krupski, Middle Road, Cutchogue, New York and Walter J. Krupski, 146 Bridge Lane, Cutchogue, New York be GRANTED permission to set off lot with existing building, north side CR27, Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. RECEIVED AND FILED BY Town Clerk, Town of ~outhol~___ LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, March 10, 1977, on the following appeals: 8:15 P.M. (E.S.T.) upon application of Agway Petroleum Corp. P.O. Box 705, Pulaski Street, Riverhead, New York for a special exception in accordance with the Zoning ordinance, Article VII, Section 100-70 B (4) for permission to operate a self-service gasoline station. Location of property: west side Youngs Ave- nue, Southold, New York, bounded on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmi%~ & Tuthill and Long Island Railroad; west by George Ahlers & others. 8:35 P.M. (E.S.T.) upon application of John'P. and Mary F. Krupski, Depot Lane, Cutchogue, New York (William Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with existing building2 Location of property: northeast side of Depot Lane, Cutchog~e, New York, bounded on the north, east, and south by other land of applicant; west by Depot Lan~. 8:45 P.M. (E.S.T.) upon application of Stanley W. Krupg~i, Middle Road, Cutchogue, New York and Walter J. Krupski, I~6 Bridge Lane, Cutchogue, New York (William Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with existing building. Location of property: north side CR27, Cutchogue, New York, bounded on the north by other land of appli cant; east by now or formerly Henry Taca; south by CR27 (Middle Road); west by other land of applicant. Legal Notice -2- Hearings: March 10, 1977 by now or Catatano; Scholtz. 9:00 P.M. (E.S.T.) upon application of Barbara A. Berdinka, Main Road, Laurel, New York (Abigail A. Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-60 A (1) and Bulk Schedule for permission to convert existing accessory building to dwelling. Location of property: north side Main Road, Laurel, New York, bounded on the north formerly Youn~ & Scholtz; east by now or formerly D. south by Main Road; west by now or formerly Young & Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 25, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, MARCH 3, 1977, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on February 25, 1977: Agway Petroleum Corp. William Wickham, Esq. Abigail Wickham, Esq. a/c John P. and Mary F. Krupski Stanley W. and Walter J. Krupski a/c Barbara A. Berdinka LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law ~'~l the provisions of the Ameaded Building Zone Ordinance of the Town of Southuld, New York, public hearings will be held by the Zoning Board of Appeals at the Town O~__~.e, Main Road, Seuthold, N~'~brk ea Thursday, March .10, 1977, on the following appealg: ' 8:15 P.M. (E.S.T.) Upon ap. plication of Agway Petroleum Corp., P.O. Box 705, PUlaski Street, Riverhead, New York for a special exception m accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permission to operate a self- service gasoline station. Location of prOperty: west side YoUngs Avenue, Seuthold, New York, bounded on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmith & TuthilI and Long Island Railroad; west by Geerge Ahlers & others. 8:35 P.M. (E.S.T.) upon ap- plication of John p. and Mary F. Krupeki, Depot Lane, Cutch~gue, New York (William Wickham, Esq.) for a variance in ac- ~?rdanee with the Zoning Or- manee, Article III, Sec{~on 100~ 30 and Bulk Schedule for per- mission to set off lot with existing building. Location of Propor~y: northeast side of Depot Lane, Cutchogue, New York, bounded on the north, east, and south by other land of applicant; west by Depot Lane. /yoS: P.M. .pon plication of Stanley W. KrupSki, Middle Road, Cutchogue, New ~Yo.r.k and Walter j. Krupski, 146 ~n~ge Lane, Cutcho~ue rk (Wiltiam w;.~-°-- fora variancg'in rdance w~th Zoning Ordinance, Article III, Section 100-60 A (1) and Bulk Schedule for permission to Convert existing accessory building to dwelling. Location of Property: north side Main Road, Laurel, New York, bounded on ~oean~,°~.r~ho~Y now or formerly g ~, ocholtz; east by now or formerly D. Catalano; south by Main Road; west by now or formerly Yoang & Seholtz. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 25, 1977 BYORDERoF being duly Sworn, TIlE SOUTHOLD TOWNBOARD l' of the SUFFOLK 1TM3--2625 OFAPPEA/.~ t Greenport, in said ~t the~a u,~ ..nnexed is a printed the Zoning Ordinance, Article III, Section I00~30 and Bulk Schedule for permission to set off lot with existing building. Location of property: north side CR27, Cutchogue, New York, bounded on the north by other land of applicant; east by now or for- merly Henry Taca; south by CR 27 (Middle Road); west by othe] land of applicant. 9:00 P.M. (E.S.T.) upon ap- plication of Barbara A. Berdinka, Main Road, Laurel, New York (Abigail A. Wickham, Esq.) for a variance in accordance with the -~n published in the said Suffolk Weekly Times week, for one (1) ........................... weeks commencina on ~he third ................ ~~ ~ ~%~ ................. ,fore me this ...~ ...... I LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance 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, March 10, 1977, on the following appeals: 8:15 P.M. (E.S.T.) upon appli- cation of Agway Petroleum Corp., P.O. Box 705, Pulaski Street, Riverhead, New York for a special exception in accordance with the Zoning Ordinance, Article Vll, Section 100-70 B (4) for permis- sion to operate a self-service gasoline station. Location of property: west side Youngs Ave- nue, Southold, New York, bound- ed on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Gold- smith & Tuthill and Long Island Railroad: west by George Ahlers & others. 8:35 P.M. (E.S.T.) upon appli- cation of John P. and Mary F. Krupski, Depot Lane, Cutchogue, New York (William Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Art- icle Ill, Section 100-30 and Bulk Schedule for permission to set off lot with existing building. Loca- tion of property: northeast side of Depot Lane, Cutchogue, New York, bounded on the north, east, and south by other land of applicant; west by Depot Lane. '~ 8:45 P.M. (E.S.T.) upon appli-~ cation of Stanley W. Krupski,[- Middle"~oad, Cutchogue, New[s York and Walter J. Krupski, 146 Bridge Lane, Cutchogue, New York (William Wickham, Esq.) for a variance in accordance' with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with existing building. Location of property: north side CR27, Cut- chogue, New York, bounded on ~ the north by other land of; applicant; east by now or formerly Henry Taca; south by CB27 Middle Road); west b.y other land of applicant. 9:00 P.M. ~E.S.T.) upon appli- cation of Barbara A. Berdinka, Main Road, Laurel, New York (Abigail A. Wickham, Esq.) for a variance in ~ccordance~wit~: the Zpn!ng Ordinance, Article Ill Section i00-60 :A (li and~ Bulk Schedule for permission to con- vert existing accessory building to dwelling. Location of property: north side Main Road, Laurel, New York, bounded on the north by now or formerly Young & Scholtz; east by now or formerly D. Catalano; south by Main Road; west by now or formerly Young & Scholtz. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 25, 1977 COUNTY OF SUFFOLK }, ss: STATE OF NEW YORK j Sherley Katz, being duly sworn, says that she is an 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 day of / ..~.¢4¢.~¢~.~?. .................. , 19 .../...:. "7':' ...... : ........ .......... Sworn to before me this ': day o~ ETHEL PALIADINo TOWN OF SOUTHOLD BUILDING D~EPARTMENT TOWN CLEP~K'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL .................................................................. Date ............... ~....Z~¥ .................... ,,? ....... ~ PLEASE TAKE NOTICE that your application dated ............... .~.~...~...(....../..~ ........... , 19.'?...~... [:or permit to ~.'~.~,._~.~'~..~ the located at · .j. at premises ....... '"~r~" ...... ~'"~""~'~' ............................. Street Map ............... ~. ................. Block ............ ~: ........................... Lot ...... returned herewith and ~~he folbwing grounds ....~..~.~.~...,~ TOWN OF SOUTHOLD, NEW' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAl NO. ~,~ DATE February 15, 1977 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Stanley W. Krupski of (No Number) .Middle Rd. (We) .'~.k~.~it~L. ~ ,... ~r. upa~;,z,~ ' ....................... of ............... ~,.4.6_. B.~c' id ~' g.e,.. ~,~e ........................ Name of Appellant Street and Number ................. ..C..q,t..~..b:...qg-~.e' .................................................... .~.e.?....~:.o..r.~ ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATE .~ ....................... WHEREBY THE BUILDING INSPECTOR DENIED TO Stanley W. Krupski and ...... W~l~er...J.....~Luupski ............................... Name of Applicant for permit of (No Number) Middle Rd., Cutchogue, New York Street and Number Municipality State ( ) PERMIT TO USE ( ) ~ERMIT FOR OCCUPANCY (x) Permit to divide 1. LOCATION OF THE PROPERTY .~./...S...~..J,~.~..~,e. .~.~..~...a..~.....~..A..~.~..~.A~.~r.~...i..q~.t..Gr..a.~...&~..~..e..-s.i~entia~ Street Use District on Zoning Map Mop No Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED rlndicate the Article Section, Sub- section aha Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Paragraph 100-30 and Bulk Schedule_ 3. TYPE OF APPEAL Appeal is mode herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ~ 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 (l~r-~) (has not) been maae 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 onc was made in Appeal Xlo ................................. Dated ...................................................................... ( ) (x~ REASOF~ FOR APPEAL A Variance to Section 280A Subsection 3 A Variance ~o the Zoning Ordinance is requested forthe reasonthot applicants wish to divide their property in accordance with survey attached hereto by Van Tuyl & Son dated 2/22/71, amended 2/2/76, resulting in a lot with frontage of 109 feet and area of 25,117 square feet. Form (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practico[difficu[tiesorunneces~ sary HARDSHiPbecause the lot contains a potato house built in 1957 by a farming partnership consisting of the applicants and their twc brothers~ Applicants desire to transfer the potato house to the partnerships which has built~ used and maintained it. ~en the potato house was built~ the lot size was sufficient under the Zoning Ordinance then in effect° The present size of the lot is m~re than sufficient for the use of the potato house; and any increase woui~ be excessive and unnecessary° In addition~ the westerly !ct line is now only about 130 feet from applicants Stanley Krupski!s house an~ any increase in frontage would cut down on this buffer zone between the residence and the potato house lOto 2. The hardshipcre0tedis UN]QUEand isnotshared by ali prope~ies alike in the immediate vicinity ofthis property and in this use district because the partnership should own the lot with the dimensions as used in the past° Also~ since no water or Sewers are necessary~ the Board of Health~s requirements regarding minimum lot size should not be determinative° 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use of the property will continue as it has in the past. Becuase the lot is committed to agricuitural~ rather than residential use, the present lot size and frontage do not adversely affect the planning and development pattern of the area~ STATE OF NEW YORK ) ) COUNTY OF Suffolk) SS · Sworn to t¼i Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New Y~rk 11787 Town of Southold Board of Appeals March lg, 1977 Pursuant to the require~nts 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 determin- ation. A decision of local deter~ination should not be construed as either an approval or a disapproval. Applicant Pile Number Stanley & Walter Krupski 2252 GG}~: fp by Very truly yours, Lee E. Koppelman Director of Planning CHh'c PLANNER TOWN CLERK 765-3783 Building Dept. Ptanning 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 .... ~.~..0,~. , ,~[3 ,~.a. ~..~ .............. of the town of.. $,0~..~,0, ,1,~. ........... (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits ........ X.. ..... Variances Stanley Id. l~rupski Nlddle Road Cutohoque, NY Walter J. Krupski 146 Bridge Lane Cutohog~e, NY Locat on of affected and' N/S CR27, Cutohogt~e, New York within SO0 feet of: (check one or more) ................ Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments; The Board granted this application. ($/gned) Robert W. Gillispie,JJr. Chaiman ~t/e Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. JUDITH T. TERRY TOWN CLERK R~GISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE 765-3783 February 25, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: to: JTT/bn Application of Stanley W. & Walter J. Krupski for a variance - Appeal No. 2252 I have on file in my office notification by certified mail Mar Lake Associates c/o M. Zelman, 35 West 45th St., New York,N.Y. 10036 ~Terr~y,~~ Clerk WILLIAM WlCKHAM, P.C. Febr6ary 24, 1977 Board of Appeals Town of Southold Southold, New York 11971 Gentlemen: Enclosed herewith please find application of Stanley W. Krupski and Walter J. Krupski for a variance and notice, in duplicate, together with two prints of survey. Check in the amount of $15.00 is also enclosed. I would appreciate this matter being scheduled for March 10th. Very cordially yours, William Wickham ~ Ww:lw enc. BOARD OF APPEALS, T(JWN OF SOUTHOLD In the Matter of the Petition of Stanley W. Krupski and Walter J. Krups.ki. to the Board o~ Appeals of the. Town of Southold NOTICE TO: Mar Lake Associates c/o M. Zelman 35 West 45th Street New York, N.Y. 10036 YOU ARE HEREBY GIVEN NOTICE: i. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~:~i~k~~tk:~rl~k~l~t~ 2. Thkt the property which is the subject of the Petition is located adjacent to your prol~erty and is described as follows: North side of Middle Road, Cutchogue, New York , bounded on North and West b~ S~. ~& ~. k~ps~ ~-n t~ -Ea~ ~ Mar Lake Associates 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Agricultural & Residential District 4. That by such Petition, the undersigned will request the following relief: TO divide property.into lot with insufficient area and frontage 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the undersigned are: Article III, Paragraph 100-30 and Bulk Sched 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Tox~ Clerk's Office at Main Road, Southold, New York and you may then and there examine the same duriug 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 ~tate of such heariug in the Suffolk Times and in the Long Island Traveler-l¥Iattituck Watchman, newspapers published in the Town of Southold and desigua[ed for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February 24, 197J S~ley W~. %K~,dpski Petitioner ,-/' ' -' ~pps' - ' Walt~'r J. K ki Post Office Address: Stanley W.Krupski (No #) Middle Road, Cutchoque~ N.Y. Walter J. Krupski 146 Bridge Lane, Cutchogue, N.Y. NAME Mar Lake Associates PROOF OF MAILING OF NOTICE ADDRESS c/o M. Zelman 35 West 45th Street New York, N.Y. 10036 :ECEIPT FOR CERTIFIED MAIL SENT TO M~r T.-m_ke s 3~:~?~ Z ~ ~ns t r ee ~ New Yorkr N.Y, 10~3~ hn. 197638~ NOT FOR INTERNATIONAL MAIL STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: Lorraine Wilshusen 24t~ay of February forth on the reverse side hereof, · residiug at Mattituck, New York · being duly sworn, deposes and says that on the · 1977 , deponent mailed a true copy of the Notice set directed to each of the above-named persons at the addresses set op. posite their respective names; that the addresses set opposite the names of said persbns are the addresses of said persons as shown on the current assess~enl roil of the Town of Southold; that said Notices were 1nailed at the United States Post Office at Mattituck, New York ; that said Notices were mailed to each of said persons by (certified) (~~ ~nai]. Sworn to. before me this _24t~h v l~otary ~u-blic / ff~A~Y ~UBLIC, ST.~TE OF NEW Y~[ No. fi2-,]259000 ~erm Exl~ircs ~l~'ch 30, ~977 v,/ 1,2 OA(c) 9.0 A 6 ~?..4 A 0.45 2 21.7 Oreeoport, A,'e~v /,~r - , .