HomeMy WebLinkAbout2331 TOWN OF SOUTHOLD, NEW YORK DATE ... ept,,.„1S , 1977
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2331 Dated August 25 , 1977
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Edmond Curcuru Appellant
4 Woodhill Road
Weston, CT
at a meeting of the Zoning Board of Appeals on September 15 , 1977 the appeal
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
( }p Request for a variance to the Zoning Ordinance
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 9 :30 P.M. (E.D.S.T. ) upon application of Edmond Curcuru,
4 Woodhill Road, Weston, Connecticut for a variance in accordance
with the Zoning Ordinance, Article III , Section 100-32 for per-
mission to construct accessory building in side and front yard area.
Location of property: Basin Road, Southold, New York; Lot 17 , Map
of Paradise Point.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary
hardship because
SEE REVERSE
(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) (would not)
change the character of the district because
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
a PRo�rED/
SEE REVERSE ;?a
-4- NING BOARD OF APPEALS
FORM ZB4 '
Chair an B 0( DD I5
• ` ' •
After investigation and inspection, the Board finds that the
applicant requests permission to construct accessory building in
front and side yard area, Basin 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, Edmond Curcuru, 4 Woodhill Road,
Weston, Connecticut, be GRANTED permission to construct accessory
building in side and front yard area, Basin Road, Southold, New
York, as applied for.
Vote of the Board: Ayes : Messrs: Gillispie, Bergen, Grigonis,
Doyen.
T<.. 1 ..
DI TE /o/iy177 1 OUR io.�oo� w
T�Wn� lerk, 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 Southold,
New York, public hearing will be held by the Zoning Board of
Appeals at the Town Hall, Main Road, Southold, New York on
Thursday, September 15, 1977~ on the following appeals:
7:30 P.M. (E.D.S.T.) Recessed hearing upon application of
Gustav Bartra, Breakwater Road, Mattituck.
7:45 P.M~ (E.D.S.To) Recessed hearing upon application of
Helmut Hass.for house on Beverly Road, Southold.
7:50 P.M. (EoD.S.T.) upon application of Helmut Hass,
Middle Road, Peconic~ New York for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-30 and Bulk
Schedule for permission to connect accessory building to main
structure causing insufficient side yard setback. Location of
property: East side Beverly Road (Pvt. Rd.), Southold, New York,~
bounded on the north and west by now or formerly I. Meissnest;
east by V. Ruch Est.; south by Mill Creek.
8:05 P.M. (E.D.S.T.) upon application of James Go Nekerman~
New Suffolk Road, New Suffolk, New York for a variance in accord-
ance with the Zoning Ordinance, Article VII, Section 100-70 ~
and Bulk Schedule for permission to use for dwelling purposes a
building with less than minimum floor area. Location of property
West side New Suffolk Road, New Suffolk, New York~ bounded on
the north by Turcic; east by New Suffolk Road; south by S. White;
west by K. Waggenhoffer.
8:15 P.M. (E.D.S.T.) upon application of Alice Donenfeld,
Main Road, Orient, New York for a variance in accordance with thei
Zoning Ordinance, Article III~ Section 100-30 and Bulk Schedule
and the Town Law, Section 280A for permission to set off lot
with insufficient area and approval of access. Location of prop-
erty: North side Main Road, Orient, New York, bounded on the
north by Lot 16, Lan~End Realty Subdivision; east by Lots 14
Legal Notice -2- Hearings:
September 15, 1977
and 15, Lands End Realty Subdivision; south by Main Road; west
by Woodhollow Properties, Inc.
8:25 P.M. (E.D.S.T.) upon application of James McCarthy,
d/b/a Auto Paint Shop, Mattituck, New York for a variance in
accordance with the Zoning Okdinance, Article III~ Section 100-70'
and Bulk Schedule for permission to construct addition with
insufficient side-yard setback. Location of property: South
side Main Road, ~atti%uck~ New York, bounded on the north by
Main Road; east by W. Whitman Bank; south and west by Wilsberg,
Mattituck Plumbing & Heating~
8:40 P.M. (E.D.S.To) upon application of Philip and Lottie
Berth, 725 Terry Lane~ Southoldr New York for a variance in ac-
cordance with the Zoning Ordinance, Article III, Section 100-32
for permission to construct accessory building in front yard
area~ Location of property: South side Terry Lane, Southold~
New York, bounded on the north by Terry Lane; east by now or
formerly H. Tauben; south by Peconic Bay; west by Southold Park
District.
9:00 P~M. (E.D.S.T.) upon application of Edmond Curcuru,
~ Woodhill R6ad~ Weston, Connecticut for a variance in accord-
ante with the Zoning Ordinance, Article III, Section 100-32 for
permission to construct accessory building in side and front
yard area. Location of property: Basin Road, Southold, New
York; Lot 17, Map of Paradise Point.
Any person desiring to be heard on the above appeals should
appear at the time and place above specified.
Dated: September 2, 1977 BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
PLEASE PUBLISH ONCE, SEPTEMBER
AFFIDAVITS OF PUBLICATION TO THE
MAIN ROAD, SOUTHOLD, NEW YORK.
1977~ AND FORWARD EIGHT (8)
SOUTHOLD TOWN BOARD OF APPEALS,
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
hearing will be hold by the Zoning
Board of Appeals at the Town
Hall, Main Road, Southotd, New
York on Thursday, September 15,
1977, on the following appeals:
7:30 P.M. (E.D.S.T.) Recessed
hearing upon appllcat~on~ Gustav
Bart~a, Breakwal~r Road,
Mattituck.
7:45 P.M. (E.D.s.T.)'Recessed
heari~ng upon application of
He~u~t Hass for house on
Beverly Road, Southold.
7:50 P.M. (E.D.S.T.) upon
application of Helmut Hass,
Middle Road, Peconic, New York
fora variance in accordance with
~he Zoning Ordinance, Article III,
Se~ction 100-30 and Bulk Schedule
'for permission to connect ac-
cessory building to main
structure causing insufficient
side yard setback. Location of
property: East side Beverly
Road {Pvt~ Rd.), Southold, New
York, bounded on the north'and
west by now or formerly I.
Meissnest; east by V. Ruch Est.;
south by Mill Creek.
8:05 P.M. (E.D.S.T.) upon
application of James
Nekerman, New Suffolk Road,
New Suffolk, New York for a
variance in accordance with the
Zoning Ordinance, Article VII,
Section 100-70 A and Bulk
Schedule for permission to use
for dwelling purposes a building
with less than minimum floor
area. Location of property: West
side New Suffolk Road, New
Suffolk, New York, bounded on
the north by Turcic; east by New
Suffolk Road; south by S. White;
west by K. Waggenhoffer.
0:15 P.M. (E.D.S.T.) upon
application of Alice Donenfeld,
Main Road, Orient, New York for
a variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
and the Town Law, Section 280A
for permission to set off lot with
insufficten~ area and approval of
access. Location of property:
North side Main Road, Orient,
New York, bounded on the north
by Lot 16, Lands End Realty
Subdivision; east by Lots 14 and
15, Lands End Realty Sub-
division; south by Main Road;
west by Woedhollow Properties,
Inc.
0:25 P.M. (E.D.S.T.) upon
application of James McCarthy,
d-b-a Auto Paint Sbop~ Mattituck.
New York for a variance in ac-
cordaec 'ith the Zoo. Or-
dinance, _ ..'ticle III, Sec,-..~ 100-
70 and Bulk Schedule for per-
mission to construct addition
with insufficient side-yard set-
back. Location of property: South
side Main Road, Mattituck, New
York, bounded on the north by
Main Road; east by W. Whitman OF SUFFOLK, ]
Bank; south and west by ? NEW YORK, ? ss:
Wiisberg, Mattituck Plumbing & J
Heating.
8:40 P.M. (E.D.S.T.) upon ?. 5.:...D0· ..P,~..N. ..........
application of Philip and Lottie
Bart_h, 725 Terry Lane, Southold,
New York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
32 for permission to construct
accessory building in front yard
area. Location of property: South
side Terry Lane, Southold, New
York, bounded on the north by
Terry Lane; east by new or
formerly H. Tauben; south by
Peconic Bay; west by Southold
t~Park District.
9:00 P.M. (E.D.S.T.) ~fiponl
application of Edmond Curcuru,
4 Woodhill Road, Weston, Con-
necficut for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
32 for permission to construct
accessory building in side and
front yard area. Location of
property: Basin Road, Seuthold,
New York; Lot 17, Map of
Paradise Point. ~
Any person desiring to be heard
on the above appeals should
appear at the time and place
above specified.
Dated: September 3, 1977
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1TS~-2~0
· ~ .... is Printer and Pu
TIMES, a newsl~per publis
M that the notice, of which
been published in the sui,
tch week, for ..... O..N~...
,I¥ commoncing on ~o ...
~fore~ me this ....~. .....
application of James McCar-
thy, d/b/a Auto Paint Shop,
Mattituck, New York for a
variance in accordance with
the Zoning Ordinance, Article
,I11, Section 100-70 and Bulk
Schedule for permission to
construct addition with insuf-
ficient side-yard setback. Lo-
cation of property: South side
Main Road, Mattituck, New
York, bounded on the north by
Main Road; east by W. Whit-
man Bank; south and west by
Wilsberg, Mattituck Plumbing
& Heating.
8:40 P.M. (E.D.S.T.) upon
application of Philip and Lottie
Barth, 725 Terry Lane, South-
old, New York for a variance in
accordance with the Zoning
Ordinance, Article III, Section
100-32 for permission to can-
struct accessory building in
front yard area. Location of
property: South side Terry
Lane, Southold, New York,
bounded on the north by Terry
Lane; east by now or formerly
H. Tauben; south by Peconic
Bay; west by Southold Park
District. ' ' --
~, 9:00 P.M. (E.D.S.T.) upot
application of Edmond Curcu
ru, 4 Woodhill Road, Weston,
Connecticut for a variance i~
accordance with the Zoning
Ordinance, Article III, Section
100-32 for permission to con-
struct accessory building in
side and front yard area.
Location of property: Basin
Road, Southold, New York; Lot
47, Map of Paradise Point. ~'
Any person desiring to be
heard on the above appeals
should appear at the time and
place above specified.
Dated: September 2, 1977
BY ORDER OF
THE SOUTHOLD
TOWN BOARD OF
APPEALS
1T-9/8 (186)
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
File No.
NOTICE OF DISAPPROYAL
.~ote .... ~~./.~...z...~. ....... , ~.~-...'7
PLEASE TAKE NOTICE that y~)ur application doted .... .~,~4,~...~,~...¢~... ...... , ]c).7...7
Map .................................... Block ............................................ Lot ................................................ is
returned herewith and disapproved on the following grounds
TOWN OF SOUTH D, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL
DATE .~..~. ~'.¥?....~.. ?...¢. :..{..L
~T.O~ .THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
(We') ......~.?...~::.¢..~.~ ...... ...~z.~..~... ~ ...~... ....... of ..... '..~..~ .../~.~ ...... ~....~). · ..................................
Name of Appellant Street and Number
.......... ~...O..;..~.~.~,?..~. ......................................................... ..J~..Z..~...: ........... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUI, LDIblG INSPECTOR ON
..................................... ..... ...........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
~
........... ........
Name of Applicant for permit
.......................................................................................................... ..........
Street and Number Municipali~ State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1,.LOCATION OF THE PROPERW ....~.~.<.k~.....:.....~ ...................... ~.~.~.~...~.=..z.: .....
Street
I~op No. Lot No.
Use District on Zoning Map
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and ~aragrapn of the Zoning Ordinance by numb, er. Do not quote the Ordi.nance )
3!. T/YPE OF APPEAL Appeal is made herewith for
( '~' A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE oue to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art 16 Sec. 280A Subsection 3
,~. PREVIOUS APPEAL A previous appeal ~ (J;~-been made with respect to this decision
o~ the Building Inspector or with respect to this property.
Such appeal was ( ) request for c special ~ermit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
)/A Variance to Section 280A Subsection 3
/ A Variance to the Zoning Ordinance
requested for the reason that ~--~,~__2~ k[,~¢~_,,~) ~%
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
vicinity of this property and in this use district because'
The hardship created is UNIQUE and is~jJ~ shared by all properties alike in the immediate
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE '[,I-IE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
ss
COUNTY 0 - '
Sworn to this , d y
Signature
JUDITH T. TERRY
Flotary Public, SI:ate of New Yo~
No. 52-0344963 Suffolk Count~
,~ommisslon Expires March 30,
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
August 26, 1977
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Appeal No. 2331, application of Mr. & Mrs.
Edmond Curcuru for a variance. Also included is notification of
adjoining property owners Mr. & Mrs. William Davis and Mr. Gilman
Hallenbeck. ~ ~ ~ ~
Town Of Southold
TOWN CLERK 765.3783
Buildbg Dept. f
Planning Bd. 765-2660
Board of Appeals
TOWN CLERK'S OFFICE
Main Road
Soufhold, N. Y. 11971
Pursuant to the C~eneral Municipal Law, ChaFfer 24, of the Consolidated Laws, Article 12-B, Sections 23%[
and m, the ...~oard..o£..~pe~l.a .......... of the town of Southold, N. Y. hereby refers the following
(agency involved/
proposed zoniacj action to the Suffolk County Pbnnbg Commission:
(check one)
Edmon~ Cur~uru
New and recodified zoning ordinance 4 WOOCllI~IJ. Road
............ Amendment to the zoning ordinance Wellton~ CT
............ Zoning changes
......... Special permits
..... l(; .... Variances
Location of affected land: ....B~..RO&~.~...~9~t~q~L.L~.~...~.,...M~P...~f...~.~e..-~.int
within 500 feet of: (check one or more)
............ Town or vi[bge boundary line
............ State or county read, parkway or expressway
............ State or county ,park or recreation area
............ Strea,m or drainage channel owned by the county or for which the county has estabfished channel
lines
State or county owned ,parcel on which a publlc building is situated
~'"X ..... Shoreline
Comments:
The applicant was grante~ permission to construc~ accessory building
in s£da and front yard area.
(signed) Robert W o Glllisp~e, Jr.
Cha:Lrman
Tide
Date received by Suffolk County Planning Commission ...................................................
File No ............................
H. Lee Dennison Executiva Office Building
Veterans ifemorial Highway
Hauppauge, l]ew Y~rk 11787
Town of Southold
Board of Appeals
September 21, 1977
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the following applications which have been referred to the Suffolk
County Planning Commission are considered to be a matter for local determ~n-
ation~ A decision of local determination should not be construed as either
an approval or a disapproval.
Applicant
Municipal File i~un~er
James McCarthy
Alice Donenfeld
Edmond Curcuru
Philip & Lottie Barth
2328
2330
2331
2332
G~]: fp
Very truly yours,
Lee E. Koppelman
Direct:or of Planning
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
NOTICE
to the Board of Appeals of the Town of Southold :
TO:
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 ~-~(Special E~ception) (Special Permit) (the followinRrelief: dq~e~
2. That the property which isLhe subject of the Petition is located adjacent to your property and is des-
cribed as follows: L~-i"~ ~)~'~¢~_~ ~-- ~..~rl ...... _~_
(
3. That the property which is th~ subject of such Petition is located in the following zoning district:
';4-"
4. That by such Petition, the undersigned will request the following relief:
5. That the provisions.of the Southold Town Zoning Cpde applicable to the relief sought by the under-
signed are: ~L~'~eZc~ ~ r ~/~
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 appe~ar and be heard at such hearing.
Dated:~l~ 1'7.~ ['3 ? ,
Petitioner
Po.~Office A~ress/~
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
RECEIPT FOR CERTIFIED MAIL--.~O~ (plus postage)
S'TR~ A"DNO. ~- ~
P.O., S AND P
OPTIONEL SERVICES FOR ADDITIONAL FEES ~%[~ ~
RETURN ~ 1 SheWs tO whom And date dlllvered ,,,....~,~o~
With delivery to addressee only ....... ~..~¢
RECEIPT 2. Shews to whom, date and where derive .. 4
,NV,O, r With d.,.ry to ,~r... o~,~ .........~. ~
OE[,W~ TO *00~[~ 0~ ..................................................... ~'**~
POSTMARK
OR DATE
SPECIAL DELIVERY (ex-Ira fee r®quirecO ....................................
PS Form NO INSURANCE COVERAGE PROVIDED-- (See o~her side)
Apt. 1971 3800 NOT FOR INTERNATIONAL MAIL *cpo: ~74 o- 5s*-4s4
0
RECEIPT FOR CERTIFIED MAIL---a~LL.~plus~ postage)
With delivery to add essee only
~ECIAL
PS Fo~ NO iNSURANCE CCVENAGE PROVIDED~ (See
Apt. 1971 38~ NOT FOR INTERNATIONAL MAIL
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
~.~ ~ .c~ ~L I , being duly sworn, deposes and says that on the T-(~ day
of C.~--~ ~ ,1 9-/-~ , deponent mailed a true copy of the Notice set forth on the re-
verse side hereo~, 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 I~otices were mailed at the United States Post Of-
rice at ~~ r~ - ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
l-~L'~-~r~$ L~,~,,~ ~,
Sworn to before me this ,
day of ~, 19
Notary Public
JUDITH T. TERRY
Notary Public, State of New York
No. 52-034'1-953 Suffolk County
Corem[sc:on Expires March 30, 19~.'"~-/
' OUTHOtO
F,D. 26
,4 I