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HomeMy WebLinkAbout2253 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~G BOARD OF APPEALS Appeal No. 2253 Dated Feb. 24, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To John P. and Mary F. Krupski (Abigail Wickham, Esq.) Depot Lane Cutchogue, NY 11935 AppeUant 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 Iaek of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1977 the appeal 1. SPECIAL EXCEPTION. By resolution of ~e Bo~d ~ was ~termined th~ a special exception ( ) be graded ( ) ~ deined pursuant to ~tiele .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Bulldog I~pector ( ) be reversed ( ) be co~med b~ause 8:45 P.M. (E.S.T.) upon application of John P. and Mary F. Krupski, D~po~ 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. 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. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vielnity 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 deeislons of the Building FORM ZB4 ~ ) be granted ( Inspector ( ) be confirmed ( ) be raversed. DOF APPEALS ) be denied and After investigationand inspection the Board finds that the applicant requests permission to set off lot with existing building, northeast side of Depot Lane, 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, John P. and Mary F. Krupski, Depot Lane, Cutchogue, New York be GRANTED permission to set off lot with existing building, northeast side of Depot Lane, Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. . RECEIVED AND FILED BY Town Cle~, To~m LEGAL NOTICE Notice of Hearings Pursuant %o $~ction 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 Go Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmit] & 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 building. Location 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 application of Stanley W. Krupski, Middle Road, Cutchogue, New 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, 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 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 by now or formerly Youn~ & 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 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 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, Scuthold, New York on Thursday, March 10, 19~, on the following appeals: 8:15 P.M. (E.S.T.) upon ap- plication of A4~'ay Petroleum Corp., P.O. Box 705, Pulaski Street, Rivorl~ead, 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 Avenue, Scuthold, New York, bounded on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmith & Tuthill and Long Island Railroad; west by Gserge A~]ers & others. ~ 8:35 P.M. (E.S.T.) upon ap- /plication of John P. and Mary F. ~Krupski, Depot Lane, Cutchogue, New York (william wickham, Esq.) 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 existing building. Location of property: northeast side of Depot Lane, Cutchogue, New York, bounded h the north, east, and south by er land of applicant; west by epot Lane. ~-~ ff'8:45 P.M. (E.S.T.) upon ap- plicatinn of Stanley W. Krupski, Middle Rood, Cutchogue, New York and Walter J. Krupski, 146 Bridge Lane, Cutchogue, New York (William wickham, Esq.) for a variance in accordance wi~ Zoning Ordinance, Article III, ~ction 100-60 A (1) and Bulk ~chedule for permission to convert existing accessory building to dwelling. Location of property: north side Main Road, Laurel, New York, beanded on he north by now or formerly ~'oang & Scholtz; east by now or 'ormerly D. Catalano; south by ~laln Road; west by now or [orrneriy 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 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS . being duly Sworn, iTM3~2~2~ .... ~,,er of the SUFFOLK 'IMES. a newspaper published ~t Greenport0 in said the Zoning Ordinance, Article III ' that the noti~, of which the mmex~d is ~ printed Section 100-30 and Bulk Schedule for rm~ss~on to set off lot with ~ell "ublished ill the smd pe ' ' ~ {'~ ~ ' Suffolk Weekhr Times existing building. Location oi { ro ert north side CR27 ]1 w~k, for one (].) _ e°g ~t~e~yYo°t~ke oommeucing on the ...~.h.~.~..~ ............. ~mecly Henry Taea; south by CR[.- ~.-~ ............. 1~ .... ~27 (Middle Road); west by other~ ~.k.~._~ .... land of applicant. ~ .... ~' '~ ........... . ........................... 9:00 P.M. (E.S.T.) upon ap: .fore me this .... plication of Barbara A. Berdinka, ~ ~ (Abigail A. Wickham, Esq.) for a variance in accordance with the ........ ~.~. ......... ~ . .?...~. ..... ~' ...... LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provbions 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, Soqthold, 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 VII 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 l~y other land of applicant; wesf by Depot Lan~ ,. 8:45 I~.M. (E.S.T.) upon appli-,I cation of Stanley W. Krupski,/. Middle Road, Cutchogue, New York and Walter J. Krupski, 146 | Bridge Lane, Cutchogue, New York (William Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article Ill, 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 CR27 (Middle Road); west by othe? land -~f applicant. 9:00 P.M. (E.S.T.) upon appli- cation of Barbara A. Berdinka, Main Road, Laurel, New York (Abigail A. Wickham~ Esq.)fora . ~ariance in accordance.with the Zoning Ordnance Article !II, $~cti0n 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 beard on the above appeals should appear at the time and place above specified. Dated: February 25, 1977 BY ORDER OF THE SOUTHOL~ TOWN BOARD OF APPEALS 1T-3/3 COUNTY OF SUFFOLK ~ ss: STATE OF NEW YORK { Sherley KarT, 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?land Traveler-Watch- man once each week for ........................................ weeks successively, commencing on the ...~ ................................... day of ..//Z~,r~' ~..~:.. ................... 19..~./... ........... Sworn to before me this ....... ~ ............ day o, Notary Publte ETHEL PALLADINa NOTARy PUBLIC, State of Now ~(ork No. 52 -4628953 Qualified in Suffolk County Commission Expires March 30, 1978 TOWN OF SOUTHOLD BUILDING D~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ........................................................ , 19 ....... 1-o .............................................. /. ...... ; ...... ~ ' ¢'"~ .......... .................................................. PLEASE TAKE NOTICE that your application dated for ~?'L t°/c~/'''~:''*''~'¢~'¢''''at the premises located at .....,'¢Z./:/.,~,~.' ................... ...... ~; ......~:~.'_......'~.......c~'~. .............................. Street tv'lap .............................. .'.~.... Block ........... ~" Lot ~ is ¢ ~ ~rew~~-and disapproved on the following grounds ..... ~.zz~.,,~..~ ....... ~'f~4~'~',-"'~"-~'~- .................................................................................... .............. ~,L.~¢~...~,,~ ./.¢.¢ ... ~ ,~... bf ,.. ¢e,~'4~4~ ~~.',,~ ......... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ':~ DATE .~,,e.b..:..2.~..~.....):..9.7' 7 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) .John...~......~a~.,1,L~,r~...E...Kr. up. sk.i..of ...~N.o..i~umb~=~...D~p~..3~ane .................... Name of Appellant Street and Number ................ .C.,u.,.t..c..h.o.g..u..e. ........................................................ I;~e,.w.....¥..O..r..k.. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILI~ING I~SPECTOR ON ................................... ....... .................. APPLJCATION WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of .... (..N..o.....N..u....m~....e_r.)......D.e. ~..o...t.....L..a..n...e..,....C...u..t. _c. ho..~ .u..e. ,.....N..e...w.....Y..o..r..k. .................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to divide I. LOCATION OF THE PROPERTY Depot Lane,"A" Aqricultural & Residential Street Use District on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED ( ndicate the Article Section, Sub- section and Paragraph of the Zoning Ordinar~ce by number. Do not quote the Ordinance.) Article III, Paragraph 100-30 and 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 Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ms) (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 FOP, APPEAL ( ) A Variance to Section 280A Subsection 3 f~ ) A Variance to the Zoning Ordinance ( ) is requested for the reason that applicants wish to divide their property in accordance with survey attached hereto by Van Tuyl & Son dated 2/26/71, amended 2/2/76 and l/z,/7., ~ resulting in a lot with an area of 31,708 square feet. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicoldifficuffi~ orunnetes- san HARDSHIP because strict application of the Ordinance would produce practical difficulty or unnecessary hardship because the lot contains a potato house built in 1958 by a farming partnership consisting of the applicant and his three brothers~ Applicant desires to transfer the potato house to ~he partnership~ which has built~ used and maintained it. When the potato house was buitt~ the lot size was sufficient under the Zoning Ordinance then in effect~ The present size of the lot is more than sufficient for the use of the potato house~ and any increase would be excessive and unnecessary° Zf applicant increaSed the width to yield 40~000 square feet of lot area~ the frontage would be about 230 feet~ An increase in the depth of the lot would interfere with the fa~ing operation because the farm is now plowed right up to the rear line of the iot~ The backyard of applicant's residence next door is even with this lined permitting cultivation in long~ uninterrupted rows. 2. The hordshipcreatedis UNIQUEandisnotshared by oil prope~ies alike in the immediate vicinity ofthisproperty andinthisuse district bec:use 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 /ariance 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. Because the lot is committed to agricultural, rather than residential use, the present lot size does not adversely affect the planning and development pattern of the area. ./// John/P. Kru~ski STATE OF NEW YORK ) ) ss ................ ~ ............. COUNTY OFSuffOlk ) ~ Mary ~no~%ruep~ski Swot ..... 24th ' y of .............. .~...e..b..5.~..a,,~7. ...................... ]9 77 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE 765-3783 To: From: Re: to: JTT/bn February 25, 1977 Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of John P. & Mary F. Krupski for a variance-Appeal No. 2253 I have on file in my office notification by certified mail North Fork Propertyc/o G. Rosenberg, 524 S. Broadway, Hicksville,N.Y. James D. Goodwin, Cutchogue, N.Y. 11935 Frank McBride, Oregon Road, Cutchogue, N.Y. 11935 Town Clerk WILLIAM WlCKHAi'/I,P.C. February 24, 1977 Board of Appeals Town of Southold Southold, New York 11971 Gentlemen: Enclosed herewith please find application of John P. and Mary F. Krupski in duplicate for a variance, together with two copies of survey. Check in the sum 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, TC~WN OF SOUTHOLD In the Matter of the Petition of : John P. Krupski and Mary F. Krupski : to the Board of Appeals of the Town of Southold : NOTICE TO: North Fork Property James D. Goodwin c/o G. Rosenberg Cutchogue, NY 11935 524 South Broadway Hicksville, NY YOU ARE IlJ-YREB¥ GIVEN NOTICE: Frank McBride Oregon Road Cutchogue, NY 11935 _: ~ ~ers~g~ed to pr:tition theJ,oL,.~ ¢~' of Appc'~ls of the Town of Southo!d to request a (Variance) ~X~tk~j[~[00[~~<lf¢l~X ). 2. That the property which is the subject of the Petition is located adjacent to .your property and is described as follows: Northeast side of Depot Lane, Cutchoqua, Town of Southold, Suffolk County, New York. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Agricultural and Residential District 4. That by such Petition, the undersigned will request tbe following relief: To divide properly into lot with insufficient area 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 ached. 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 A4ain 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 ~ate of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southo!d :u~d designated for~he publication of such notices; th~:t you or your representative have the right to appear aad be heard at such ineariug. Da[cd: _ Februar~L_24, 197~7. Post On,_ce Address: Depot Lane Cutchogue, NY 11935 NAME North Fork Property James D. Goodwin PROOF OF MAILING OF NOTICE ADDRESS c/o G. Rosenberg 524 South Broadway Hicksville, NY Cutchogue, Ny 11935 Frank McBride Oregon Road Cutchogue, Ny 11935 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL I P 9 S.T.M.A.R~N RECEIPT FOR CERTIFIED MAIL SENT TO ~';<'.,fl"',-..~:;(- ~'~ STREET AND NO. P.O., STATE A~D ZIP CODE OPTIONAL ~[~VI~ ~O~DITIONAL FEES RESTRICTED DELIVERY ....... ' ~r'~¥ERY (extra fee required) POSTMARK OR DATE STICK POSTAG~ ~ COVERAGE PROVIDED-- ~:t',~ u ..... -"~'"u~Nk L MAIL (See other side) STATE OF NEW YORK) COUNTY OF SUFFOLK) Susan Papish SS.: 24th. day of February · residing al Mattituck, New York · being duly sworn, deposes and says that on the 1977 , deponent mai]ed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective nan]es; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment-roil of the Town of Southold; that said Notices w'ere mailed at the United States Post Office at Depot Lane, Cutchogue, New York; that said Notices were ]nailed to each of said persons by certified) (registered) naail. S}~'orn to be/f~re me this 24t~__h_h d ay 51.9A[c) 20.4A(c} ,.2A L2A 4 8.6A(c) ~.6.2A (~