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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