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HomeMy WebLinkAbout2350?¢ TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 2350 Dated September 29, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Linda D. Bertani (Gary Olsen, Esq.) Colonial Drive Southold, NY 11971 1977 Appellant at a meeting of the Zoning Board of Appeals on Oc,tober 13, 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 ( ~ Request for a variance to the Zoning Ordinance ( ) 1977 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be ~ranfed ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 10:40 P.M. (E.D.S.T.) upon application of Linda D. Bertani, Colonial Drive, 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 insuffi- cient width and area. Location of property: east side Summit Road, Southold, New York, bounded on the north by G. Cann; east by J. Bertani; south by W. Jackens; west by Summit Road. 2. VARIA~NCE. 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 ( that the previous decisions of the Building I~pecto,r ( ) be confirmed ( ) be reversed. ~ ~ - ~%~%/ ~ONING BOARD OF APPEALS FORM ZB4 j/.., ~' i~ ~,/' ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to divide property with in- sufficient width and area, east side Summit Road, Southold, 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, Linda D. Bertani, Colonial Drive, Southold, New York, be GRANTED permission to divide property with insufficient width and area, east side Su/~mit Road, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. RECEIVED AND FILED BY THE SOUTHOLD TOV,qq ~ 7 ark, Town of Southold 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 Southotd, New Yorkt public hearings will be held by the Zoning Board of Appeals at the Town Hall~ Main Road, Southold, New York, on Thursday, October 13t 1977~ on the following appeals: 7:35 P.M. (E.DoS~To) rehearing upon application of Ernest C. Radford a/c Marion D. Fitzsimmons, 69 Westgate Boulevard~ Plandome, 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 insufficient width and area. Location of property: North side Main Roadr Orient, New York, bounded on the north by Long Island Sound; east by Woodhollow Properties~ Orient-by-the-Sea Subdivision; south by Main Road; west by other land of applicant and Rozawsky. 7:45 P.M. (E.D.S.T.) upon application of Firs. William J. Fleming, 109 Stewar~ Avenue, Garden City, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C 2(a) and Bulk Schedule for permission to con- struct swimming pool with insufficient side yard and modificatio~ of fence requirements. Location of property: Bayberry Road Est. (Pvt. Rd.), Nassau Point, Cutchogue, New York; Lot 119, Nassau Point Re-Sub. 8:00 P.MD (E.D.S.T) Recessed hearing upon application of Gustav Bartra, Breakwater Road, ~attituck, New York. 8:15 P.M. (E.D.S.To) upon application of Athanas Zamphiroff,! Second Street, New Suffolk, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-118, Article III, Section 100-30, and Bulk Schedule for permission to construct addition with insufficient setback. Location of property: South side Second Street at Main Street, New Suffolk, New York, bounded on the north by Julius Kinczel; east by W. White; south by Main Street; west by Second Street. Legal Notice' -2- Hea~ngs: October 13, 1977 with insufficient Lupron Point Road, Lupron Point Road; west by P~ Phoel. 8:25 P.M. (E.D.S.T.) upon application of A. Reilly'& Sons, Inc. a/c Vernon Ach~ Reydon Shores~ Southold, New York for a variance in accordance with the Zoning Ordinance~ Article IIIF Section 100-30 and Bulk Schedule for permission to construct addition with insufficient side-yard setback. Location of property: Reydon Drive, Southold, New York; Block G, Lot 14, Map of Reydon Shores. 8:35 P.M. (E.D.S.T.) upon application of William J. Schonewald, Box 23 A Route 1, Wells Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property and construct dwelling on lot with insufficient width and area. Location of property: East side Bray Avenue, Laurel, New York, bounded on the north by other land of applicant; east by now or formerly Relyea; south by now or formerly D. Butterfiel~; west by Bray Avenue° 8:45 P.M. (E.D.SoT.) upon application of Hon. Joseph R. Corse, 360 .Adams Street~ Brooklyn, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition side-yard setback. Location of property: Mattituck, New York, bounded on the north by east by Jo Valenti; south by Deep Hole Creek; 8:55 P.M. (E.D.SoT.) upon application of Stanley J. Zultoski c/o Frederick J. Tedeschif Esq., 403 M~in Road, Green- port, 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: East side Rocky Point Road, East Marion, New York, bounded on the north by So Fourskaris & ors; east by C. Dinas & ors.; south by Co Peters; west by Rocky Point Road. 9:05 P.M. (E.D.S.T.) upon application o~ Salvatore and Angelina Caridi, Kouro's Road, New Suffolk, New York (George C. Legal Notice -3- Hearings: October 13, 1977 Stankevich, 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: South side Kouro's Road, New Suffolk, New York~ bounded on the and west by O. Kouros. 9:15 PoM. (E.DoS.T.) north by Kouro's Road; east,'.southr upon application of Paul Huntert Main Bayv~ew Road, Southold, New York for a variance in accordance with the Zoning Ordinancep Article III~ Section 100-32 for permission to construct accessory building in front and side yard area. Location of property: North side Main Bayview Road, Southold, New York, bounded on the north by Highwood Subdivision;l east by C. Colombo; south by Bayview Road; west by Jo Krepp & wf.! 9:25 P.M. (E.D.S.T.) upon application of Howard and Mary Larsen~ 4660 Deep Hole Drives Mattituck, in accordance with the Zoning Ordinance, 100-30 and Bulk Schedule for permission New York for a variance Article III, Section to divide property with insufficient width and area and construct dwelling. Location of property: East side Deep Hole Drive, Mattituck, New York, bounded on the north by H. Frenicks; east by A. Surer; south by Mat~i%uck House Moverst Inc.; west by Deep Hole Drive. 9:35 P.M. (E.D.S.T.) upon application of Jack Driscoll, 1300 North Oakwood Drives Laurel, New York for a variance in accordance with the Zoning Ordinance, Article III~ Section 100-30 C 2(a) and 100-32 for permiss!on to construct pool in front yard area. Drive, Laurel, New York; 9:45 P.M. (E.DoS.T.) Location of property: Lot ~47, Laurel Park. upon application of Mr. swimming North Oakwood and Mrs. Walter Eo Robinson, 79 Delaware Avenue, Freeport, New York (Irving L. Price, Jr., Esq.) for a variance in accordance with the Zoning Ordinance, Article II!, Section 100-30 and Bulk Schedule for permission to divide property with insufficient w~dth and area. Location of proper%y: Lake View Terrace (Pvt. Rd.), East Marion, New York, bounded on the north by Lake View Legal Notic~ -4- Hear~~ ~s: October 13, 1977 Terrace; east by now or formerly Huttenmoser; south by Marion Lake; west by K. Robb & E. Pohl. 9:55 P.Mo (E.D.S.T.) upon application of Emma Mae Kroner, 700 Glen Court, Cutchogue, New York for a variance in accordance with the Zoning Ordinance~ Article III, Section 100-30 and Bulk Schedule for permission to change lot lines: Location of prop- erty: Glen Court (Pvt~ Rd.), Cutchogue~ New York; Lot ~12~ Vista Bluff Subdivision. 10:05 P~M. (E.D.S.T.) 1551 Williams Bridge Road, upon application of Raymond Kirsch, Bronx, 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. Location of property: Private Road off Bayvlew Roadr Southold, New York, bounded on the north by right-of-way; east by V. Ladeck; south by Corey Creek; west by Ko Isles. 10:15 P.M. (E.D.S.T.) upon application of Doris Helf~ 1965 Bray Avenue, Mattituck, New York for a variance in accordance with the III, Section 100-30 and ~ulk Schedule (William J. Clark, Esq.) Zoning Ordinance, Article for permission to set off lot with insufficient width and area and construct dwelling. Location of property: East side Bray Avenue~ Laurel~ New York, bounded on the north by Go Tapfar; east by D. Harkoff; south by E. Klett; west by Bay Avenue. 10:25 P.M. (E..D.S.T.) upon application of Angelo Accardo, Taurus Homes, 54 March Court~ Selden, 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: West side Nakomis Road, Southold, New York, bounded on the north by H. Walters; east by Nakomis Road; south by G. Cosenzo; west by E. Probe, Po Bingman, J. Elak & wf~ 10:35 P.M. (EoD.S.T.) upon application of Linda D. Bertani, Colonial Drive, Southold, New York (Gary Olsen, ESqo) for a Legal Notice -5- Hear~ ~gs: October 13, 1977 variance in accordance with the Zoning Ordinance, Article Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. East side Summit Roadw Southoldr New York, by G. Cann; east by J. Ber~ani; south by W. Summit Road. 10:45 P.Mo Fishers Island, Zoning Ordinance, Article III, Section 100-30 C for permission to eliminate swimming pool fence° property: Private Road, Fishers Island, Lot 5, Fishers Island Estates° III, Location of property:~ bounded on the north Jackens; west by (E.D.S.T.) upon application of Carl J. Schmid, New York for a variance in accordance with the 2(a) and 100-35 Location of New York; Block 35, Any person desiring appear at the time and place Dated: September 30, 1977 PLEASE PUBLISH ONCE, OCTOBER to be heard on the above appeals should above specified. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 6, 1977, A_ND FORWARD NINETEEN (19) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TO~ BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on September 30, 1977: Ernest C. Radford a/c Marion D. Fitzsimmons Mrs. William J. Fleming Gustav Bartra Abigail Wickham a/e Athanas Zamphiroff A. Reilly & Sons a/c Vernon Ach William J. Schonewald Hon. Joseph R. Corso Frederick Tedeschi a/c Stanley J. Zultoski George Stankevich a/c Salvatore and Angelina Caridi Paul Hunter Howard and Mary Larsen Jack Driscoll Irving L. Price, Jr. a/c Mr. Emma Mae Kroner Raymond Kirsch William Clark a/c Doris Angelo Accardo Gary Olsen a/c Linda D. Carl J. Schmid and Mrs. Helf Bertani Walter E. Robinson LEGAL N OTIC E Noticeof Heatings Pursuant to Section 257 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 Beard of Appeals at the Town Hal, Main Road, Southold, New York, on Thursday, October 13, 1977, on the following appeals: 7:35 P.M. (E.D.S.T.) rehearing upon application d Ernest C. Badford a-c Marion D. Fitz- simmons, 69 Westgate Boulevard, Plandome, New York, for a variance in ac- ca'dance with the Zoning Or- dnance, 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, Orient, New York, bonnded on the north by Long Island Sound; east by Woodhollow Properties, Orient- by-the-Sea Subdivision; south by Main Read; west by other land of applicant and Rozawsky. 7:45 P.M. (~.D.S.T.) upon application of Mrs. William J. Fleming 109 Stewart Avenue, Garden City, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C 2(a) and Bulk Schedule for permission to construct swimming pool with insufficient side yard and modification of fence requirements. Location of property: Bayberry Read Est. (Pvt. Rd.), Nassau P~int, Cut- ehogue, New York; Lot 119, Nassau Point Re-Sub. 8:00 P.M. (E.D.S.T.) Recessed hearing upon application of Gustav Bartra, Breakwater Road, Mattituek, New York. 8:15 P.M. (E.D.S.T.) upon application of Athanas Zam- phiroff, Second Street, New Suffolk, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-118, ArticlelH, Section 17070, and Bu~ Schedule for permms~on to construct addition with in- sufficient setback. Location of property: South side Second Street at MaB SWeet, New Suffolk, New York, bounded on the north by Julius Kinezel; east by W. White; south by Main Street; west by Second Street. 8:25 P.M. (E.D.S.T.) upon application of A. Redly & Sons, Inc. a-e Vernon Ach, Reydon ~ores, Sonthold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 10040 and Bulk Schedule for permission to construct ad- dition with insufficient side-yard setback. Location of property: Resy. don Shores , ~ variance in accordance with the aa la M ~w. D S :T ~a~4~ Zoning ordinance, Article III, o,~,qicatiOn:: of Wil~i'~ Section 100-30 and Bulk Schedule ~cVh~onewal~>Box 23 A~!~for perm~smon to divide property uroa= RolRl'~a~ituck ~:~. i~vith insufficient width and area. fora v~eeor~_ ~ [~Lo_cation of property: Lake V?w theZoulni~ Ar~i~HI, ;}~'errace(Pvt. Rd.), EastManon, Section~l~'~had Bulk ~fl~;. ~: lqew York, bounded on the north for per'th divide~rty~ '!!:;:. by Lake View Terrace; east by andco~dwellingon~t.~w.'_flfi: tho~ or formerly Huifenmoser; insuffi~i~Svidth and grea. :~$onthbyMarionLake;westbyK. Leeatid~'~of ~perty: East side:: Robb & E. Pohl BrayAYer~q~aLaurel, New York; 9:55 P.M. (E.D.S.T.) upon beand.~'~ north by other application of Emma Mae hnd o~eant; east by now or ~ Kroner, 700 Glen Court, Cut- for me~.Relyea ;,soulh b y no~ ~. chogue, New York for a variance former~y'D. Butterfieid; wesf~ ~ in accordance with the Zoning Bray Avenue. Ordinance, Article III, Section 8:45 P.M. (E.D.S.T.) upon application of Hon. Joseph R. Corso, 360 Adams Street, Brooklyn, New Yorl~, 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: Lupton Point Road, Mallituck, New York, bounded on the north byLuptonPotht Road; east by J. Valenti; sooth by Deep Hole O-eek; west by P. PhoeL 8:55 P.M. (E.D.S.T) upon application of Stanley J. Zulteski c-o Frederick J. Tedeschi, Esq., t03 Main Road, Greenport, New York for a variance in ac- cordanes with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient width and area. Location of property: East side Rocky Point Road, East Marion, New York, boonded on the north byS. Fourskaris & ors; east by C. Dinas & ors.; south by C. Peters; west by Rocky P~int Road. 9:05 P.M. (E.D.S.T.) upon application of Salvatore and Angelina Caridi, Koums Road, New Suffo~, New York (George C. Stankevich, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bu~ Schedule for permission to divide property with insufficient width and area. Location of property: South side Kouros Rind, New Suffolk, New York, bounded on the north by Kouros Road; east, south, and west by O. Kouros. 9:15 P.M. (E.D.S.T.) upon application of Paul Hunter, Main 100-30 and Bulk Schedule for permission to change lot lines. Location of property: Glen Court (Pvt. Rd.), Cutehogue, New York; Lot No. 12, Vista Bluff Subdivision. 10:05 P.M. (E.D.S.T.) upon application of Raymond Kirsch, 1551 Williams Bridge Road, Bronx, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to eons- truct accessary building in front yard arsa. Location of property: Private Road off Bayview Road, Seuthold, New York, boonded on the north by right-of-way; east by V. Ladeck; south by Corey Creek; west by K. Isles. 10:15 P.M. (E.D.S.T) upon appliealion of Doris He!t, 1965 Bray Avenue, Mattituek, New York (William J. Clark, Esq.) for a varia nee 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 and construct dwelling. Location of property: East side Bray Avenue, Laurel, New York, bounded on the north by G. Tapfar; east by D. Harkoff; south by E. Klett; west by Bay Avenue. 10:25 P.M. (E.D.S.T.) upon application of Angelo Accardo, Taurus Homes, 54 March Court, Selden, 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: West side Nakomis Road, Southold, New York, bounded on the north by R. Bayvlew Road, Southold, New Wailers; east by Nakomis Road; York for a variance in ac- south by G. Cosenzo; west by E. ~o~gman, J. Etak& wf.r~ eordanes with the Zoning Or- ~ (E.D.S.T.) upo~ ~ dManee, Article III, Seetiea 100- 32 for permission to construct \ application of Linda D. Bertani,/ aoressory building in front and ~.~lonial Drive, Seathold, side yard area. Location of property: North side Main Bayvlew Road, Seathold. New York, bounded on the north by Ilighwoed Subdivision; east by C. Colombo; south by Bayvrew Road; west by J. Krepp & wf. 9:25 P.M. (E.D.S.T.) upon application of Howard and Mary Larsen, 4660 Deep Role Drive, Mattituek, New York for a variance in aeeordanse with the Zoning Ordthanee, Article HI, Section 100-30 and Bu~ Schedule for permission to divide property with insuffietent width and area and construct dwelling. Lceation of property: East side Deep Role Drive, Mattituek, New York, bounded on the north by H. Freuleks; east byA. Suter; south by Mattituek House Movers, Inc.; west by Deep Role Drtve. 9:35 P.M. (E.D.S.T.) upon application of Jack Driseoll, 1300 North Oakwced Drive, Laurel, New York for a variance in ac- cordance with the Zoning Or- dnance, Article III, Section 100- 30 C 2(a) and 100-32 for per- mission to construct swimming poof in front yard area. Location of property: North Oakwood Drive, Laurel, New York; Lot No. 47, Laurel Park. 9:45 P.M. (E.D.S.T.) upon application of Mr. and Mrs. Wailer E. Robinson, 79 Delaware Reydon Drive, Seuthold, New Avenue, Freeport, New York ~ork; .B~c~. ~G, Lot 14, Map of (IrvingL. Price, Jr-, Esq.) fora October 6, 1977 yo_.~ tG-ary Oisen, Esq.) for a-~ variance in accordance with the ] Zoning Ordinance, Article III, ! Section 100-30 and Bulk Schedule ~ for permission to divide property Location of 't~°t° East side Summit Road, Southold, New York, bounded on the north by G. Cann; east by J. Berhani; south by W~ Jaekem; west by Summit Road. 10:45 P.M. (E.D.S.T.) upon application of Carl J. Schmid, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C 2(a) and 100-35 for permission to eliminate swimming pool fence. Location of property: Private Read, Fishers Island, New York; Block 35, Lot 5, Fishers Island Estates. Any person desiring to be heard on the above appeals should appear at the time and place above speeifted. Dated: September 30, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T06~2819 .. being duly Sworn, ~er of Lhe SUFFOLK at Greenport, in said annexed is ~ printed iffolk Weekly Times ............. weeks Lot #12. Vista Bluff Subdivi- 10:05 P.M. (E.D.S.T.) upon ~d- application of Raymond 'dj- Kirsch, 1551 Williams Bridge )0- Road, Bronx, I~ew York for a !or variance in accordance with the Zoning Ordinance, Article rd IlL Section 100-32 for per- ~'Y:i mission to construct accessory ~w building in front yard area. of Location of property: Private Road off Bayview Road, South- m old, New York, bounded on the J. north by right-of-way; east by te V. Ladeck; south by Corey ~w Creek; west by K. Isles. d- 10:15 P.M. (E.D.S.T.) upon Ii- application of Doris Hell, 1965 ~)- Bray Avenue, Matti, tuck, New )r York (William J. Clark, Esq.) ty for a variance in accordance with the Zoning Ordinance, -d Article III, Section 100-30 and t Bulk Schedule f6r permission to set off lot with insufJlcient width and area and construct dwelling. Location o.r property: East side Bray Avenue, Laurel, New York, bounded on the north by G. Tapfar; east by D. Harkoff; south by E. Klett; west by Bay Avenue. 10:25 P.M. (E.D.S.T.) upon I application of Angelo Accardo, Taurus IIomes, 54 March Court, Selden, 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 insuf- ficient width and area. Loca- l; tion of property: West side Nakomis Road, Southold, New York, bounded on the north by II. Walters; east by Nakomis Road; south by G. Cosenzo;' !,- west by E. Probe, P. Bingman, ~s J. Elak & wf. ""10:35 P.M. (E.D.S.T.) upon ~I application of Linda 'D. Bet- rani, Colonial Drive, Southold, t New York (Gary Olsen, Esq.) for a variance in iiccordance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission · ! to divide property with insuf- ficient width and area. Loca- tion of property: East side[ Summit Road, Southold, New/ York, bounded on the north b~4 G. Cann; east by J. Bertani;[ ~! south by W. Jackens;, west-~byl ~ummit Road. ~.~ 10:45 P.M. (E.D.S.T.) upon az application of Carl J. Schmid, o Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 C 2(a) and 100-35 for permission to elim- inate swimming Rool fence. Location of propeiry: Private :~ Road, Fishers Island, New York: Block 35, Lot 5, Fishers Island Estates. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: September 30, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-10/6 (209) ~ FOR~ NO. 3 ~ ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ......... ~~.~ ........ ~.~.~. ..... .. ................. ~.-.~.~i ........ ~.~..:..~... PI~EASE · ~,~ ,~, ~ ~,~ ~ .......................... .~:~..~..z ~ ~ ..................... ,3. ......... ~o~k ........ ~.~. ........................... r~disopprovod on the follow:n~ ~r*unds. .... .~ ~ .... ~..~ .............................................................. ~. ....................................... .......... ""'"'"Building Inspector/ / TOWN OF SOUTHOL, D, NEW YO~K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO-Tk~E ZONING BOArD-OF APPEALs; TOWN OF ~OUTH0~D, ~. Y. - ' 1;. (We) .~i~.~Q~.~.e~ani.,.~=; ....................... of .~a.n~.e?~,g~[a~.D~ ...... - . _ ~me ~ Appeliani Stree~and Numbe~ _ ........ ~.T...~D.~; ........ ~ ............ ~...~ ........ :'....~.~...~ ...... ...;;.. : ~.e.~.~P~ ........HEREBY APPEAL TO -~ - ,z - ~- Mu~ipality .... State . ~ THE ZONING BOARD ~¢_APPEALS FRO~THE -DECISJQN OF THE BUILDLNG~ INSPECTOR ON ~Tib~ ~ ~ ~.-...L.....~ ......................... ~ ............. ~., ............... -. W~.EB~' T~E~B~DING.~SPE~TOR' DENIED ~TO ' ,- _ - ~..~,...~.~r~n$ ............................................. Name of Applicant for permit of ~.R .~b.R~)..C~]p~$~]. ~z .... Sp:~t~o~, ................. ~.e~..~o~ ............. Street and Number Municipality State ) PERMIT TO USE ' ~ PERMIT FOR OCCUPANCY (x) VARIANCE. LOCATION O~ THE PR6PERTY Street Use District on Zoning Map /V~aD X]O. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub~ section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Article III Section 100-80 and ]qulk Schedule TYPE OF APPEAL Appeal is made ~erewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARI.ANCE due to flock of access (State of New York Town Law Chap. 62 Cons Laws Art. 16 S~ec'~ ~80A Subsection 3 4. PREVIOUS APPEAL A orevious appeal ~z~z(has not) been made with respect to this decision of the Building nspector or with respect to this property. Such appeal was ( ) request for e special ~ermit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) ts requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance ro the Zoning Ordinance Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICAT[ON OF THE ORDINANCE would produce practica~ difficulties or unneces- san/ HARDSHIP because applicant is a contract vendee and the Contract is subject to ~e granting of this Varianee~ The present ow-net is Robert T~ ~v~th and Helen S~ ~th and they also own an adjoining parcel to the south of the sub~ ~e'ct premises aa~ accordingly; t~s Variance Applica~ioh i~ necessary to sp~t the property~ The present owners, ~th, own a total of 260 feet on Su~it Road by a depth of !2~ feel [or a total acreage of ~2~ 500 square feei~ Each of the parcels lo be created would have a ~otal area of 16~ 250 square fee! and the resulting parcels would be generally in keeping with the size and shape of other parcels in the community~ Each creative parcel w-o~td have a frontage on said ~mmit Road of ~B0 feet~ ~ the event that the Variance ~ere not granted~ the present owmer would be forced ~o have a parcel approxi~mate~v Ivdce the size of other parcels in the comm~ity, thus creating and very practical~ diffic~i!t and economic hards~p. 2. The hardship created is UNIQUE and is not shared by cji properties aiike in the immediafe vicinity of this property and in this use district because the present owners, W~rth~ have: au ov~r. si~ parcel~twice the size of~ther :)steels in the comm~_niiy. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the Iwo parcels to be created as single and sep~ arate pieces would be in keeping with the general size and shape of other parcels in the neighborhood and would be more in keeping with the character of the corn- munity. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK) Signature ...~...~.~.......... ~ o ~ ~ O!sen~ attorney for Linda ~ Bertani Sworn to this ............................ day o ......... ~p.~e.~r. ......................... ]~ 77 Notary Public MF-C~SLAU5 W! N IA,~Z. No. 52-9703725 Suffolk Comm. ~E~[res March 30, 197¢~ 0 ~K JUDITH T. TERRY TOWN CLERK REGISTKAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 September 29, 1977 To: From: Re: to: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of Linda D. Bertani for a variance-Appeal No. 2350 I have on file in my office notification by certified mail William Jackens, Box 347, Southold, N.Y. James McGarry, Box 138, Southold, N.Y. John Bertani, Colonial Road, Southold, N.Y. Genevieve Cann, 5 Williams Street, Huntington Station, N.Y. 11746 Mr. & Mrs. Gilbert Hughes, Colonial Road, Southold, N.y. 11971 Town Clerk JTT/bn cc;file GaRy FlaNNER OISEN COUNSELLOR AT LAW P, O. BOX 38 · MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 11952 . PHONE September 28, 1977 Re: Wurth to Bertani File # 2149 Dear Mary: Enclosed herewith please find the original and two copies of an Appeal and the Affidavit of Service on adjoining land owners. Please advise as to when this will be on the calend~ Also enclosed please find the filing fee of $15. GFO/clr Encs. Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Linfla D. Bertani to the Board of Appeals of the Town of Southold NOTICE TO: William Jackens James McGarry (3enevieve Cann Mr. and Mrs. Gilbert Hughes J.A. Bertani YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~l~;J~~(the following relief:For an area and £rontage Varlanee ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as foIlows:'l:tn,,nd~d nn ~'hp ~n~'ih h~ ~. C'nnn nnd .T. ~V[cfinrr? t3n the l~,a~t by .T_ A_ ~ertant and (3. R, Bushes and on the South by WHliam Jaekens and on the West b,?' 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: An ~r~n nnd f'rnntng~ Variance .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article TTI Section 100-30 and Bulk Schedule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be he~l~ the matter by the Board of AppealS; that a notice of such hearing must be published at least five day~prio~fto the date of such hearing in the Suffolk Times and in tl~e Long Island Traveler-Mattituck Watchm~f~, new, papers pub~hed in the Town of Southold and designated.for the publication of such notices; that yoj/or ~/o.u)/r'ep'r~tal~ve have the right to appear and be heard at such hearing. / // // / Llnda D. B Petition--er~Al~NNER OLS~N, ES~'~. Post Office Address P.O. Box 38. Main Road NAME William Jackens James McGarry John Bertani Genevieve Cann Mr. and Mrs. Gilbert Hughes PROOF OF MAILING OF NOTICE ADDRESS Box 347 Southold, New York 11971 Box 138 Southold, New York 11971 Colonial Road Southold, New York 11971 5 Williams Street Huntington Station, New York Colonial Road Southold, New York 11971 11746 STATE OF NEW YORK COUNTY OF SUFFOLK Cherie Lynn Russell . residing at Ms , being duly sworn, deposes and says that on the 28th day of Septemb~' ,1977 ~ deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the alcove-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- fice at 1vrn ~-~-i t,, ~-~ ; that said Notices were mailed to each of said persons by (certified) (za~a~n~l~mail. Sworn to befoJ~.~U:L~,.~ d~ No, 52-2959600 Qualified in Suffolk Counly Term Expires March SO, 19~I / 274' ~0 ® 7 37.3, A(O) RICHAEL BAKER. JR. 4.0A(c) / / © .I ,;.¢ 4 30 31 LI A Jo) MATCH SEE SEC. N0,088 FOR PARCEL NO. SEE SEC NO OB8 MATCH Z LINE UNLESS DRAWN OTHERWISE, ALL 33 3 g 36 FOR PARCEL NO SEE 088 .... WATER .......... WITHOUT WRiT TEN ~[ ~MiSSiON Legend ~, tv,',~,~L .... ~,,,,~.,.,,,.,.~ ~/9'~s~z: ~,~,77 o :TOR A ('~'.,ERSON.. ;COLUMBIA ~'SUMMIT :COLONIAL STEL:~ER