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HomeMy WebLinkAbout2287 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~G BOARD OF APPEALS Appeal No. 2287 Dated May 18, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOVv'N OF SOUTHOLD To Herbert 0. Cassidy P.O. Box 198 Peconic, NY 11958 June 2, 1977 DATE ....................... Appellant at a meeting of the Zoning Board of Appeals on June 2, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to propert~ ( ) 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 resolut~n of the Board ~ was d~ermined that a special exception ( ) be ~anted ( ) be de~ed pursuant to ~ticle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building I~pec~r ( ) be reversed ( ) be ¢o~irmed b~ause 8:40 P.M. (E.D.S.T.) upon application of Herbert O. Cassidy, P.O. Box 198, Peconic, New York for a variance in accord- ance with the Zoning Ordinance, Article IX, Section 100-90 and Bulk Schedule for permission to construct potatoe grading building on undersized lot. Location of property: west side Cox Lane, Cutchogue, New York, bounded on the north by Grefe; east by Cox Lane; south by G. Heidtmann and another; west by L. Glover, Jr. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (L~ not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this properly 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 Inspector ( ) be confirmed ( ) be reversed. ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to construct potatoe grading building on undersized lot, west side Cox 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 ~pirit of the Ordinance. THEREFORE IT WAS RESOLVED, Herbert O. Cassidy, P.O. Box 198, Peconic, New York, be GRANTED permission to construct potatoe grading building on undersized lot, west side Cox Lane, Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. Tcv;n Clc~]~, Town o{ Southcld LEGAL NOTICE Notice of Hearings Pursuant to S~ction 267 of the Town of the Amended Building Zone Ordinance New York, public hearings will be held Appeals at the Thursday, June 7:30 P.M. Law and the provisions Town Office, Main Road, of the Town of Southold, by the Zoning Board of Southold, New York on 1977, on the following appeals: (E.D.S.T.) upon application of Joseph and Luisa (E.D.S.T.) upon application of Robert Paul~c/o Inc., Main Road, Southold, New York for a varlan¢ Zoning ordinance~ Article III, Section width and area. Location of property: Southold, New York; Lots 34 through 39, Shores. 8:05 P.M. Founders Homes, in accordance with the East side Oak Drive, Block D, Map of Reydon (E.D.S.T.) upon application of David L. Whipple II Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient Cardia, Main Road, Southold, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Northwest side Main Road (Route 25) Arshamomaque,~ New York, bounded on the north by Est. of J. LaColla; east by Main Road; south by Est. of J. LaCotla; west by Est. of J. LaColta. 7:45 P.M. (E.D.S.T.) upon application of John C. and Doris B. Morgan, R. D. 2, Box 143, Flanders, New Jersey for a variance in accordance with the zoning Ordinance, Article III, Section 100-30, 31 and Bulk Schedule for permission to construct additio] with insufficient side and rear yard setback. Location of property: Halyoke Road, Orient, New York, bounded on the north by Plain Land Realty; east by Berks; south by Halyoke Avenue; west by Meyer. 7:55 P.M. 420 Oak Drive, Legal Notice -2- Hearings: June 2, 1977 100-30 and Bulk 'Schedule for permission to construct addition with insufficient~ide-yard setback. Location of property: Right-of-way off South Harbor Road, Southold, New YorK, bounded on the north by ~ow or formerly R. Freund; east by R. Bayley; south by Peconi~ Bay; west by South Harbor Corporation. 8:15 P.M. '(E.D.S.T.) upon application of Gerassimos Totolos, Deep Hole Drive, Mattituck, New York for a variance in accord- ance with th~ Zoning Ordinance, Article Iii, Section 100-32 for permission Construct accessory structure in side 'yard area. Location of property: New Suffolk Avenue and Deep Mole Drive, Mattituck, New York; Lot #47, Deep Hole Estates. 8:25 P.M. (E.D.S.T.) upon application of Thomas L. Minnigan, 91 Princeton Avenue, Hewlett, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insuffi- cient side-yard setbacks. Location of property: south side South Lane, East Marion, New York, bounded on the north by South Lane; east by Skopek; south by beach and Bay; west by Thorp. 8:35 P.M. (E.D.S.T.) upon application of Herbert O. Cassidy, P.O. Box 198, Peconic, New York for a variance in accordance wit~ the Zoning Ordinance, Article IX, Section 100-90 and Bulk Schedule for permission to construct potatoe grading building on undersized lot. Location of property: west side Cox Lane, Cutchogue, New York, bounded on the north by Grefe; east by Cox Lane; south by G. Heidtmann and another; west by L. Glover J~ 8:50 P.M. (E.D.S.T.) upon application of Brian's Song, Inc. Main Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (2) for per- mission to construct sign with insufficient setback. Location of property: North side Route 25,~ Greenport, New York, bounded on the north by New York Telephone Co.; east by New York Tele- phone Co.; south by Main Road; west by Mary Zepkos. Legal Notice -3- Hearings: June 2, 1977 9:00 P.M. (~.~D.S.T.) upon application of Marguerite Wasson, Peconic Bay Boulev,~rd, Mattituck, New York (Gary Olsen, Esq.) for a variance i~accordance with the Zoning Ordinance, Article III, Section 100-'31 and Bulk Schedule for permission to set off lot with exis%~.r~ buildings with insufficient width and area. Location of property: Bray Avenue and Peconic Bay Boulevard, Laurel, New York, bounded on the north by B. Edwards; east by W. Smith; south by Peconic Bay Boulevard; west by Bray Avenue. 9:10 P.M. (E.D.S.T.) upon application of Dikran V. Simidian, Salt Lake Village, Mattituck, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Lot ~1, Salt Lake Village off Bay Avenue, Mattituck, New York. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: May 19, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, MAY 26, 1977, AND FORWARD TEN (10) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on May 19, Joseph and Luisa Cardia John C. and Doris B. Morgan David L. Whipple, III Robert Paul c/o Founders Homes, Inc. Gerassimos Totolos Thomas L. Minnigan Herbert Oo Cassidy Brian's Song, Inc. Gary Olsen a/c Marguerite Wasson Dikran V. Simidian 1977: 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, Sonthold, New York on Thursday, June 2, 1977, on the following appeals: 7:30 P.M. (E.D.S.T.) upon application of Joseph and Lulsa Cardia, Main Road, Sonthold, Now York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 32 for perm!~nu to construct accessory building in front yard area. Location of property: 'Northwest side Main 'Road (Route 25), Arsbamomaque,New York, bounded on the north by Est. of J. LaColla; east by Main Road; south by Est. of J. LaColia; west by Est. of J. LaColla. 7:45 P.M. (E.D.S.T.) upon application of John C. and Doris B. Morgan, R.D. 2, Box 143, Flanders, New Jersey for a variance in accordance with the Zoning Ordinance,Ar ticlellI, Section 100-30, 31 and Bulk Schedule for permission to construct addition with in- sufficient side and rear yard setback. Location of property: Halyoke Road, Orient, New York, bounded on the north by Plain Land Realty; east by Berks; south by Halyoke Avenue; west by Meyer. 7:55 P.M. (E.D.S.T.) upon application of David L. Whipple IH, 420 Oak. Drive, Seufhold, New York for a variance in ac- dinance, Article IH, Section 100- 30 and Bulk Schedule for per- insufficient widtl~,~and area. Location c/p~f East side Oak Drive,'.seufhol~d; New York; Lots ~ ~ 39,,1~1ock D, Map of Reydon Shares. 5:05 P.M. (E.D.$.T.) uPon application of Robert P~dl 'c-~ Founders Homes, Inc., Main Road, Southold, New York for a varianc~ in accordance with the Zoning Or~i~ce, Article III, Section 100-30 and Hulk Schedule for permission to construct ad- dition with insufficient, side-yard setback. Location of property: Right-of-way off South Harbor Road, Snuthold, New York, bounded on the north by new or formerly R. Freund; east by R. Bayley; south by Peconic Bay; west by South Harbor Cor- peration. 0:15 P.M. (E.D.S.T.) upon application of Gerassimos Totules, Deep Hole Drive, MaPituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission construct accessory structure in side yard area. Location of property: New Suffolk Avenue and Deep Hole Drive, Mattituck, New York; Lot No. 47, Deep Hole Estates. 8:25 P.M. (E~D.S.T.) upon application of Thomas L. Min- nigan, 91 Princeton Avenue, Hewlett, New York for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side-yard set- backs. Location of property: south side South Lane, East Marion, New York, banuded on the north by South Lane; east by SkoR; south by beach and Bay; w~ Thorp. ~ f~:35~P.M. (E.D.S.T.) upon al~ation of Herbert O. Cassidy, P.O. Box 19~, Peconic, New York for a variance in ac- cordance with the Zoning Or- dinance, Article IX, Section 100- 90 and Bulk Schedule for per- mission to construct potato grading building on undersized lot. Location of property: west side Cox Lane, Cutchogue, New York, bounded on the north by Grofe; east by Cox Lane; south 'by G. Heidtmann and another; west by L. Glover Jr. 8:50 P.M. (E.D.S.T.) upon application of Brian's Song, Inc., Main Road, Greenport, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Section 100- 60 C (2) for permission to con- struct sign with insufficient setback. Location of property: North side Route 25, Greenport, New York, bounded on the north by New York Telephone Co.; east by N York Telephone Co.; south ,~ Main Road; west by Mary Zepkos. 9:00 P.M. (E.D.S.T.) upon application of Marguerite Wasson, Peconic Bay Boulevard, Mattituck, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with existing buildings with in- sufficient width and area. Location of property: Bray Avenue and Peconic Bay Boulevard, Laurel, New York, bounded on the north by B. Ed- wards; east by W. Smith; south by Peconle Bay Boulevard; west by Bray Avenue. 9:10 P.M. (E.D.S.T.) upon application of Dikran V. Simidian, Salt Lake Village, 'ely oommencing on the twenty-sixth Mattituck, New York for a .................. variance in accordance with the .... ff .~.~.~....1~..y..<... 19.7..7. Zoning Ordinance, Article III, - Section 100-32 for permission to .~ ~_~ ._~_Zf~: ?. ~-..~.-r,._~ .......... construct accessory bulldin~ in befOre me this ...~ ~ I front yard area. Location of property: Lot No. 1, Salt Lake Village off Bay Avenue, Mat- tituck, New York. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: May 19, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TM26~2719 ~' OF SUFFOLK, I OF NEW YORK, ~ ss: S~uart C. Dorman .............................. being duly Sworn, rt ...h.e... is Printer and Publisher of the SUFFOLK Y TIMES. a newspaper published at Greenport. in said and that the notic~, of which the annexed is a printed ~s been published in the s~d Suffolk Weekly Times ~ech week, for . . .o.n.e...(.t.). ............... weeks ...... NANCY ~. DOUGLASS NOTARy PUBLIC. State of New York ~es~dtng in SuHo]k ~unty Cl~ No. ~-6~5 ~i~on E~ ~ ~. 19..~ with the Zoning Ordinance, Art- icle II1. Section 100-32 for permis- sion construct accessory structure in side yard area. Location of property: New Suffolk Avenue and Deep Hole Drive. Mattituck. New York; Lot #47, Deep Hole Estates. 8:28 P.M. (E.D.S.T.) upon ap- plication of Thomas L. Minnigan, 91 Princeton Avenue. Hewlett. New York for a variance in accordance with the Zoning Ordi- nance, Article IlL Section 100-30 and Bulk Schedule for permission to construct dwelling with insuf- ficient side-yard setbacks. Loca- tion of property: south side South Lane, East Marion. New York, bounded on the north by South Lane; east by Skopek; south by beach and Bay; west by Thorp. ~p 8:38 P.M. (E.D.S.T.) upon ap lication of Herbert O. Cassidy, P.O. Box 198, Peconic. New York 1bt a variance in accordance with thc Zoning Ordinance, Article IX, Section 100-90 and Bulk Schedule for permission to construct pota- toc grading building on undersiz- ed lot. Location of property: west side Cox Lane, Cutchogue. New York, bounded on the north by Grcfe: east by Cox Lane; south by G. Hcidtmann and another; west by L. Glover Jr. ~-~ 8:50 P.M. (E.D.S.T.I upon application of Brian's Song, Inc., Main Road. Greenport. New York for a variance in accordance with the Zoning Ordinance. Article VI, 8cclion 100-60 C (2) for permis- sion to construct sign with insuf- ticicnt setback. Location of pro- perry: North side Route Grccnport. New York. bounded on thc north by New York Telephone Co.: east by New York Tch:phone Co.: south by Main Road: wcsl by Mary Zepkos. q:00 P.M. (E.D.S.T.) upon tituck. Nen York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Art- icle Ill, Section 100-31 and Bulk Schedule for permission to set off lot with existing buildings ~ith insufficient width and a?ea. Loca- tion of property: Bray Avenne and Poco c t~ay Bgulc~rd. iL~el, New Yo~:li, bO~u~,nsled ~r~e north by B Ed~'ai"da ;~ast bY X,~. 9:10 P.M. {E.D.~,.'I I application of Dikran V. Simidian, Salt Lake Village. Mattituck, New York for a variance in accordance with the Zoning Ordinance, Art- icle III, Section 100-32 for permis- ing in front yard area. Location of property: Lot #1, Salt Lake Village off Bay Avenue, Mattituck, New York. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: May 19, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-S/26 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNO~.D, I~. Y. N'OTICE OF DISAPPROVAL To .................................................... l ............... PLEASE TAKE NOTICE that your application dated ; ............. ~......~.. __~...L...~... ....... , 19.2..7.. for permit to construct ~, ....... L..o- .................................................... Street Map ...................... ~ .......... Block ................. .¥, ....................... Lot ...... X ........................................ is ?u'~'l~'m~'~~d disapproved on the ~o}[owin~ flrounds ............................................................ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUT~IOL~, N. Y. (We) . .~,~r:...~.'¢....'c.~... ........ ~.~.:..~. ................ o7 .................... ~ ......... ~. ......... ~: ............................ Nome of Appellant Street and Number ........_ ......................................... ...... HERE ^PP , To M~icipality .... ~;::~ ' THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .........~......~....I..9........Z.Z.. ................ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ,OCAT,ON OF ........ Street Use D~trict on ~oning 'Map Map No. 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 Ordinance·) 3. TYPE OF APPEAL Appeal is mode herewith for (~A VARIANCE to the Zoning Ordin,ance or Zoning Map ( ) A VARIANCE due to lack of access ~St~te of New York Town Law Chap. 62 Cons· Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A arevious appeel (h,z:} (has not) been made with respect to this dec~sion of the Building Inspector or with respect to this :roperty. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated .................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection (/-~ A Variance to the Zoning Ordinance ) Is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce proctica~ difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by aH properties alike in the immediate vicinity of this property and in this use district because ~,~ /d~ ~ ~"*-'~-1~.~'~-''- 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK COUNTY OF SS JUDITH T. TERRY TOWN CLERK P~EGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 May 18, 1977 To: $outhold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: Application of Herbert O. Cassidy for a variance-Appeal No. 2287 to: JTT/bn cc :file I have on file in my office notification by certified mail Grefe Contractors, Cutchogue, N.Y. 11935 L.B. Glover, Jr., Cutchogue, N.Y. 11935 Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD to the Board of Appeals of the Town of Southold : NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 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: ,. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS,: Herbert 0. Cassid_v , residing at Box 198 Peconic. N.y. , being duly sworn, deposes and says that on the 18thday of May ,19 77 , deponent mailed a true copy of the Notice set forth on the re- verse side hereoF, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold. N.Y. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 18th day of May ,19 77 - ~ Notary Public l. jOI -- Io0!