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
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