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HomeMy WebLinkAbout2321 TOWN OF SOUTHOLD, NEW YORK DATE .Aug.......4 , 1977 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2321 Dated July 21, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To James & Deborah Navas (Rudolph Bruer, Esq. ) Appellant 30 3rd Street Riverhead, NY 11901 at a meeting of the Zoning Board of Appeals on August A, 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 (X ) 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 7 :55 P.M. (E.D.S .T. ) upon application of James and Deborah Navas, 30 3rd Street, Riverhead, New York for a variance in accordance with the Zoning Ordinance, Article Vii , Section 100-70 A (1) for permission to construct dwelling unit in business building. Location of property: North side Main Road, Mattituck, New York, bounded on the north by G. Cullen and W. Krause; east by W. Winiarz ; south by Main Road, west by W. J. Moisa. 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. SEE REVERSE q7 ONING ARD OF APPEALS FORM ZB4 rrha a Appea After investigation and inspection, the Board finds that the applicants request permission to construct dwelling unit in business building, north side Main Road, Mattituck, New York. The findings of the Board are that this will improve the area. The applicants have the right to use this as an apartment provided they comply with all of the Board of Health requirements and the Building and Housing Codes of the Town of Southold. 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, James and Deborah Navas, 30 3rd Street, Riverhead, New York, be GRANTED permission to construct dwelling unit in business building, north side Main Road, Mattituck, New York, as applied for, subject to the following condition: The rear yard area, presently overgrown, shall be converted to a parking lot for use by patrons of the restaurant. Proper drainage shall be installed subject to the approval of the Building Inspector. Vote of the Board: Ayes : - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. RECEIVED AND FILED 13Y TEE SOUYHOLD O Wli CUM DATE 8 7 HOUR /D.-M4..M To�lerk, Town of Southold h LEGAL NOTICE , j Notice of Hearings I1 Pursuant to Section 267 of the Town Law and the provisions j of the Amended Building Zone Ordinance of the 'Town of Southold, New York, public hearings will be held by the Zoning Board of Aopeals at the Town Hall, Main Road, Southold, New York on Thursday, August 48 1977, on the following appeals: !( 7:30 P.M. (E.D.S.T.) Recessed hearing upon application of 3 1{ Helmut Hass for a variance for approval of building built in �1 violation of the Building and Housing Codes, east side Beverly Road (Pvt. Rd. ) , Southold, New York. 7:40 PeM. (E..D.S.T. ) upon application of Virginia .W. Suter, Beachwood Road, Cutchogue, New York (Abigail Wickham, Esq.) for ` f a variance in accordance with the Zoning Ordinance Article III Section 100-30, 100-32, and Bulk Schedule for permission to } E construct accessory building with insufficient setback. Location! of property: Beachwood Road, Cutchogue, New York, bounded on the! f north by now or formerly J. Dean; east by R. Seh; south by II > j Beachwood Road (Pvt. Rd. ) ; west by Creek Road (Pvt. Rd.) . 7 :50 P.M. (E.D.S .T. ) upon application of James and Deborah Navas, 30 3rd Street, Riverhead, New York (Rudolph Bruer, Esq.) for a variance in accordance with the Zoning Ordinance, Article i 9 VII, Section 1.00-70 A (1) for permission to construct dwelling j �F unit in business building. Location of property: North side 4 Main Road, Mattituck, New York, bounded on the north by G. Cullen and W. Krause;east by W. Winiarz; south by Main Road; _ f west by W. J. Moisa. E �> 8 :00 P.M. (E.D.S.T. ) upon application of Gilbert and . Madeline Michaelis, Main Bayview Road, Southold, New York (Gary Olsen, Esq. ) for a variance in accordance with the Zoning Ordi- nance, Article III, Section 100-30 and Bulk Schedule for permission to set off existing buildings on undersized lots. Location of property: South side Summit Road, Southold, New 15 York; Lots 29, 29A, and 30, Map 2034, Bay Side Terrace. ! Legal Notice -2- Hearings: August 4, 1977 1 8 :15 P.M. (E.D.S.T.) upon application of William G. I Rafferty, 18 Farmview Drive, Dix Hills, New York (Gary Olsen, ii Esq. ) for a variance in accordance with the Zoning Ordinance, Article III, Section 100--30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: North side Pinetree Road, Cutchogue, New York, bounded I on the north by Hickory Acres Subdivision; east by L. Wahl; south by Pine. Tree Road; west by now or formerly S. Bourguignon. I� 8:25 P.M. (E.D.S.T. ) upon application of VIP Inn, Ltd. , 39 Gehring Street, Commack, New York (Gary Olsen, Esq. ) for a 4 variance in accordance with the Zoning Ordinance, Article III, G Section 100-30 and Bulk Schedule for permission to set off j E existing buildings on undersized lot. Location of property: {{ South side CR27, Southold, New York, bounded on the north by if CR27 (North Road) ; east by H. Hass, A. Stachtiaris, N. Ippolito, ` F. Bruch, J. Smulgheski, M. Furner, E. Stewart; south by Mill f! Creek; west by now or formerly Nassau Steamship Agency. I 8 :35 P.M. (E.D.S .T.) upon application of Lee and Barbara jSiros, 3 Lee Lane, Wilbraham, Massachuttes (Gary Olsen, Esq. ) ki for a variance in accordance with the Zoning Ordinance, Article , III, Section 100-30 and Bulk Schedule for permission to set off y j lot with insufficient width and area. Location of property: i �! East side Deer Path, Mattituck, New York, bounded on the north C � by Miller Right-of-way; east by D. Trimmer; south by right-of- way, Dickerson and Beier; west by Deer. Path (Pvt. Rd. ) . i 8 :45 P.M. (E.D.S.T.) upon application of George Ahlers, { Builder, Inc. a/c Julius Kinczel, 7 2nd Street, New Suffolk, 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: East side Second Street, New Suffolk, New York, bounded on the north by I (I now or formerly Rogers Est. ; east by M. Majeski; south by now �I or formerly Zamphiroff; west by Second Street. �i } Legal Notice -3 Hearings : August 4 , 1977 { 8 :55 P.M. (E.D.S.T. ) upon application of Tennis Courts Unlimited a/c William LaMorte, North Bayview Road, Southold, New York for a` variance in accordance with the Zoning Ordinance, III Article III, Section 100-35 C for permission to construct tennis court with fence exceeding maximum height. Location of property:, East side North Road to Bayview, Southold, New York, bounded on the north by Pine Neck Road; east by Southold Bay; south by North Road to Bayview; west by North Road to Bayview. 9:10 P.M." (E.D..S.T.) upon application of Jean Lohn and ! B. Loretta Vom Lehn, Minnehaha Boulevard, Southold, New York for a Variance in accordance with the Zoning Ordinance, Article" � , III, Section 100-30 and 100-32 for permission to construct accessory building on property line. Location of property: East side Minnehaha Boulevard, Southold, New York, bounded on }} the north by Prieto; east by Corey Creek; south by Vanderbeck; } west by Minnehaha Boulevard. 9:20 P.M. (E.D.S.T. ) upon application of Valentine Stype a/c Lillian Van Dusen, 5305 Westpath Way, Washington, . D.C. for {(Illi a variance in accordance with the Zoning Ordinance, Article III, 1 Section 100-30 and Bulk Schedule for permission to divide prop- I '1 erty with insufficient area. Location of property: Dicks Point 11 i Road and Holden Avenue, Cutchogue, New York, bounded on the north by Dicks Point Road; east by Holden Avenue; south by now or formerly E. Mott; west by Haysom, Fox, and May. t 9:30 P.M. (E.D.S.T. ) upon application. of George Bambrick, 3 46 Cedars Road, Caldwell, New Jersey for a variance in accord- t ( ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insuffi- cient setback and rear yard. Location of property: Lake Drive and Lake Court, Southold, New York, bounded on the north by Lake Drive; east by Sondericker; south by Sondericker; west by Lake Court. , �1 f f Legal Notice -4- Hearings : August 4, 1977 9:40 P.M. (E.D.S .T. ) upon application of Gustav Bartra, 1 227 Breakwater Road, Mattituck, New York for a variance in ac- ii cordance ' with the Zoning Ordinance, Article III, Section 100-30 } C and 100-32 A for permission to construct radio and T.V. towers �€ exceeding maximum height. Location of property: Right-of-way, l East side Breakwater Road, Mattituck, New York, bounded on the 1 3 11 north by Stupiello and Maione; east by Donald Cooper; . south by ! right-of-way, D. Cooper; west by Cannone. Any person desiring to be heard on the above appeals should appear at the time and place above specified. IE Dated: July 22, 1977 BY ORDER OF THE SOU T1, 1, € TOWN BOARD OF APPEALS r I i j PLEASE PUBLISH ONCE, JULY 28 , 1977 , AND FORWARD THIRTEEN (13) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, i MAIN ROAD SOUTHOLD NEW YORK. 1 Copies mailed to the following on July 22, 1977 : ff Stanley Corwin a/c Helmut Hass I Abigail Wickham, Esq. a/c Virginia Suter II Ei Rudolph Bruer,, Esq. a/c James and Deborah Navas Gary Olsen, Esq. a/c Gilbert and Madeline Michaelis j I William G. Rafferty VIP Inn, Ltd. Lee and Barbara Siros ( George Ahlers a/c Julius Kinczel �i Tennis Courts Unlimited a/c William LaMorte { Jean Lohn and B. Loretta Vom Lehn Valentine Stype a/c Lillian Van Dusen George Bambrick ? r Gustav Bar-rra I 'I e I I f t �I � Lt;GAL 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 wiIl be held by !be Zoning Board of Appeals at the Town HaIl, Main Road, Southold, New York, on Thursday, August 4, 1977, on the foIlowing appeals: 7:30 P.M. (E.D.S.T.l Recessed hearing upon application of Helmut Hass for a variance for approval of building built in violation of the Building and Housmg Codes, east side Beverly Road (Pvt. Rd.), Southold, New York. 7:40 P.M. (E.D.S.T.) upon applIcatIon of Virginia W. Suter, Beachwood Road, Cutchogue, New York (Abigail Wickham Esq.) for a variance in ac~ cordance with the Zoning Or- dinance, Article III, Section 100- 30, 100-32, and Bulk Schedule for permission to construct ac- cessory building with insufficient setback. Location of property: Beachwood Road, Cutchogue, New York, bounded on the north by now or formerly J. Dean' east by R. Seh; south by Beachwood Road (Pvt. Rd.l; west by Creek Road (Pvt. Rd.). . 7:50 P.M. m.D.S.T.) upo~~ application of James and Deborah Navas, 30 3rd Street, Rlverhead, New York (Rudolph. Bruer, Esq.) for a variance in acc?rdance with the Zoning Ordmance, Articie VII, Section 100-70 A (1) for permission to con.struct dwelling unit in busmess building. Location of property: North side Main Road Mattituck, New York, bounded o~ the north by G. Cullen and W. Krause; east by W. Winiarz' south by Main Road; west by W.J. Moisa. 8:00 P.M. (E.D.S.T.) upon apphcatIon of Gilbert and Madeline Michaelis Main Bayview Road, South~ld, New York (Gary Olsen, Esq.) for a vanance In accordance with the Zoni?g Ordinance, Article III, SectIon 100-30 and Bulk Schedule fo~ p~rmission to set off existing bmldmgs on undersized lots Location of property: South sid~ Summit Road, Southold, New York; Lots 29, 29A, and 30. Man 2034, Bay Side Terrace. 8:15 P.M. (E.D.S.T.) upon application of William G. Raf- ferty, 18 Farmview Drive Dix Hills, New York <Gary Olsen, Esq.) for a variance in ac- cordance wi th the Zoning Or. dinance, 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 Pinetree Road, Cutchogue, New York, bounded on the north by HICkory Acres Subdivision; east by L. Wahl; south by Pine Tree Road; west by now or formerly S. Bourguignon. 8:25 P.M. (E.D.S.T.) upon appli~ation of VIP Inn, Ltd., 39 Gehrinll Street. Comma~k, New Yark (Gary Olsen, Esq. l for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission. to set off existing buildings on undersized lot. Location of property:' South side CR '0, Southold, New York, bounded on the north by CR '0 (North Road) east by H. Hass, A. Stachtiaris, N. Il>DOlito. F. Rn,ph J. Smulcheski, M.' Furner" ~:. Stewart; south by MiIl Creek; west by now or formerly Nassau Steamship Agency. . 8:35 P.M. (E.D.S.T.) upon application of Lee and Barbara Siros, 3 Lee Lane, Wilbraham, Mass., <Gary Olsen, Esq. l 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 properly: East side Deer Path, Mattituck, New York, bounded on the north bv Miller Right-of-way; east 'by D. Trimmer; south by right-of-way, Dickerson and Beier; west by Deer Path (Pvt. Rd.). 8:45 P.M. (E.D.S.T.) upon application of George Ahlers, Builder, Inc. a-c-JuliusKinczel, 7 2nd Street, New Suffolk, New York for a variance in ac- ~ SUFFOLK. NEW YORK. 1 f ss: J tuart C. Dorman . . . . . . . . . . . . .. _............. being duly Sworn. .~. . . . is Printer and Publisher of the SUFFOLK cordance with the Zoning Or- dinance, Article III, Section 100- 32 for permission to construct accessory building in front yard area. Location of property: East side Second Street, New Suffolk, New York, bounded on the north by now or formerly Rogers Est.; east by M. Majeski; south by now or formerly Zamphiroff; west by Second Street. .. 8:55 P.M. (E.D.S.T.l upon application of Tennis Courts Unlimited a-c William LaMorte, North Bayview Road, Southold, New Yark for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 35 C for permission to construct tennis court with fence exceeding maximum height. Location of property: East side North Road to Bayview, Southold, New York, bounded on the north by Pine Neck Road; east by Southold Bay; south by North Road to Bayview; west by North Road to Bayview. 9:10 P.M. (E.D.S.T.J upon application of Jean Lohn and B. Loretta Vom Lehn, Minnehaha Boulevard, Southold, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and 100-32 for permission to construct ac- MES. a newspaper published at Greenport. in said that thE' notiCE:. of which the annexed is a printed .een published in the said Suffolk Weekly Times :h week, for . ~n~. (~.?. .... .., .... ..... weeks y oommencing on the . ~.~~Il:t:~:-.~~g~1;:~........ .. :l:u~r.. ..... .. 19?? ';-~..o:::;.......... .</to:~.~':-.. .--. ;-. ~ ....- ~-.. .-'~.................. be{3e me this .. c2. 9. .. . . 1 . .... ...... 19.71. I ...... .G1/)............ /J..(.)...~ /;.. ...../ lJ21.-.~.Ir.)Yh;r-kJ<.J-. cessory building on property line. Location of properly: East side Minnehaha Boulevard, Southold, New York, bounded on the north by Prieto; east by Corey Creek; south by Vanderbeck; west by Minnehaha Boulevard. 9:20 P.M. (E.D.S.T.l upon application of Valentine Stype a-c Lillian Van Dusen, 5305 Westpath Way, Washington, D.C. for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area. Location of property: Dicks Point Road and Holden Avenue, Cutchogue, New York, bounded on the North by Dicks Point Road; east by Holden Avenue; south by now or formerly E. Mott;west !>y Hayson, Fox, and May. 9:30 P.M. (E.D.S.T.) upon application of George Bambrick, 46 Cedars Road, CaldweIl, New Jersey for a variance in ac- cordance with the Zoning Or- dinance, Article Ill, Section 100- 30 and Bulk Schedule for per- mission to construct dwelling with insufficient setback and rear yard. Location of property: Lake Drive and Lake Court, Southold,. New York, bounded on the north by Lake Drive; east by Son- dericker; south by Sondericker; west by Lake Court. _ 9:40 P.M. (E.D.S.T.) upon application of Gustav Bartra, 'lZI Breakwater Road. MRitt.itu~k New York for a variance in ac- cordance with the Zoning Or- dinance, Article Ill, Section 100- 30 C and 100-32 A for permission to construct radio and T.V. towers exceeding maximum height. Location of property:' Right-of-way, East side Break- water Road, Mattituck, New York, bounded on the north by StupieIlo and Maione; east by Donald Cooper; south by right-of- way, D. Cooper; west by Can- none. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: July 22, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJY28--2771 r , ~EGAL NOTI~ Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordi- nance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York on Thursday, August 4, 1977, on the following appeals: 7:30 P.M. (E.D.S.T.) Recessed hearing upon application of Hel- mut Hass fora variance for approval of building built in violation of. the Building and Housing Codes, east sid.e Beverly Road (Pvt. Rd.), Southold, New York. 7:40 P.M. (E.D.S.T.) upon ap- plication of Virginia W. Suter, ileachwood Road, Cutchogue, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Art- icle 111, Section 100-30, 100-32, and Bulk Schedule for permission to construct accessory building with insufficient setback. Loca- tion of property: Beachwood Road, Cutchogue, New York, bounded on the north by now or formerly J. Dean; east by R. Seh; south by Beachwood Road (Pvt. R st by Creek Road (Pvt. COUNTY OF SUFFOLK l ss STATE OF NEW YORK I Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Troveler-Watch- man once each week for ...........1........................... weeks '"'V successively, commencing on the ..L.A'.;)................................ 00' 0' ...(('~<.................... ':~,7.. .~....:.~.............. .M. (E.D.S.T.) upon ap- o of James and Deborah . 30 3rd Street, Riverhead, ,New York (Rudolph Bruer. Esq.) for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 A (I) for permission to construct dwelling unit in business building. Loca- tion of property: North side Main Road, Mattituck. New York, bounded on the north by G. Cullen and W. Krause; east by W. Winiarz; south by Main Road; west by W. J. Moisa. 8:00 P.M. (E.D.S.T.) upon ap- plication of Gilbert and Madeline Michaelis. Main Bayview Road. Southold, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Art- icle 111, Section 100-30 and Bulk Schedule for permission to set off existing buildings on undersized lots. Location of property: South side Summit Road, Southald, New York; Lots 29, 29A, and 30, Map 2034, Bay Side Terrace. 8:15 P.M. (E.D.S.T.) upon ap- plication of William G. Rafferty, 18 Farmview Drive, Dix Hills, New York (Gary Olsen. Esq.)for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule Sworn to before me this ......JJ............ .. .............. '-r" f.t.J?~.l..t!..?:..~.~_~ ...... ..... ,. ,. ~ / j40tary Public JOSEPH FENTON NOTARY PUf~UC. Statl' )1 l'\lP-W Yorll' No. 52-1l95EiQ Qualified in Suffolk County Commission bpires March 30. 19..zL. day or ��. FORM NO. 8 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL i� FileNo.. ................................................................ Date ................. . .....�..t........ 19. .3 } To ... u""".-'`: .......... ^w...r........�i.GEl t 1 ......................... ....... . . .. .................................. PLEASE TAKE NOTICE that your application dated ........... ..... ... ....... ........ #.......... 19.. 7.� for permit to construct y�urG � � ..........at the premises located at ..... . .. ..... ✓ls. ,.;v j .4:. ........�................`........ Street , Map ......... .................... Block .......?. ................. .......... Lot ... _................................. is :disapproved on the following grounds .....�V(�....���,4. i .. ... ..... ..................................................................................... ........................ ......................................................... ................................................................................ ...........j d Q.'.../. ... .. .................................................................................. Building Inspector TOWN OF SOUTHOLD, NEW YORK' ,APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Q L DATE ...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) James &.Deborah Navas ........... .S......................................of ...................3rd..... treet.................................,.................. ...... Name of Appellant Street and Number Riverhead, New...York HEREBY APPEAL TO ..... .. . Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING N PECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ......... f. s7 ......I........... WHEREBY THE BUILDING INSPECTOR DENIED TO James and Deborah Navas .............................................................................. Name of Applicant for permit of 30 3rd Street, Riverhead, New York ...........treet....an....d Nu ... .m..ber..............................M.............unicipality..........................Statete.. a ....................... S ( ) PERMIT TO USE PERMIT FOR OCCUPANCY ( X) to use upstairs apartment as residence 1. LOCATION OF THE PROPERTY:.Main Road..... attituck, New York . Street Use District on. Zoning Map ................................................................................. /J�ep 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.) 100-80 3. TYPE OF APPEAL Appeal is made herewith for (N X) A VARIANCE to the Zoning Ordinance or Zoning Map C ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal *" (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL (' ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that applicant would like to live above place of business. Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant would be unable to live above business . 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because applicants need to live at premises if. they are to improve it. They cannot afford it otherwise. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because nothing will change except that applicant will be living above business and improving same. STATE OF NEW YORK ss .......I............................. .................................. COUNTY OF SUFFOLK } Signature Sworn to thi ...........2Qth........................ day of...J91Y............................................ 19 77 .. .. ... ... . ... ....... otary ublic RJD6LPfi H. I3RtFER NOTARY PUBLIC, Stave of New York Na, 52-0465530 - Suifotk County Commission Expires March.3O, 2971 o o o K JUDITH T. TERRY T OWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. 1., N. Y. 11971 July 21, 1977 To: Southold Town Zoning Board of Appeals From: Judith T Terry, Town Clerk Re: Application of James & Deborah Navas for a variance-Appeal No. 2321 I have on file in my office notification by certified mail to: George L. Cullen, Pike Street, Mattituck, N.Y. William Krasue, Pike Street, Mattituck, N.Y. Stanislaw Winiarz, Winiaraz Estate, Mattituck, N.Y. W. Joseph Moisa, Mattituck, N.Y. ~!:rf7 Town Clerk JTTtbn cc:file o ___'_.__~'_''''''''M_____''''''''''''_'_'_'_'_____~'_~ ~_ o Suffolk County nepartment of Planning H. Lee nennison Executive Office Building Veterans Hemorial High"i1y Hauppauge, lle1' Y6rk1l787 Town of Southold Board of Appeals August 16, 1977 Pursuant to the requirements .of Sections 1323 to 1332 of the Suffolk County Charter, the following applications "hich have been referred to the Suffolk County Planning Commission are conside.ed to be a matter for local determin- ation. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Jean Lohn William LaMorte George Bambrick VIP Inn Ltd.. James & Deborah Navas GGll: fp . MuniCipal File Number Very truly yours, 2311 2313 2314 2317 2321 Lee E. Koppelman Director of Pl&nning ,-, ../'" I } \;---,:~-c..: by /,' <:"1"7 .,,~.,'....:o"'.....-..-- :~;~ o o TOWN CLERK 765-3783 Building Dept. ~ Planning Bd. Board of Appeals 765-2660 Town Of Southold TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-8, Sections 239-1 and m, the ...B.oard...of...Appeals.. of the town of Southold, N. Y. hereby refers the following (agency involVed) proposed zonin,g action to the Suffolk County Planning Commission: (check one) New and recodjfied zoning ordinance Amendment to the zoning ordinance Zoning changes Special permits .....x.. Variances Location of affected land: ....WIS.."-a~.~ within 500 feet of: (check one or morel . .~q.,. ..M41:,1:,j.1:,~Q~,..N .'.t". Town or village boundary line X State or county road, parkway or expressway State or county park ,or recreation area Stream or drainage channel owned by the county or for which the county has established channel lines State or county owned parcel on which a public building is situated Comments: The applicants were granted permission to construct a dwelling unit on the second floor of the building which is in the liB" Business zone. Date: . AUc;Ju13t..8, 1977 ....... ...... ............. .......... ...... ................ (signed) Robert w. Gillispie, Jr. Chairman Title Date received by Suffolk County Planning Commission File No. o o 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: GEORGE L. CULLEN WILLIAM KRAUSE STANISLAW WINIARZ W. JOSEPH MIDISA YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of SouthoJd to request a (Variance) (~ (~ (the following relief: permission to reside at premises zoned B-1 l. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Main Road, Matti tuck (Jim's Diner) 3. That the property which is the subject of such Petition is located in the following zoning district: B-1 4. That by such Petition, the undersigned will request the following relief: permission to reside above business in B-1 district 5. That the provisions of the South old Town Zoning Code applicable to the relief sought by the under- signed are: 100-80 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the South old Town Clerk's Office at Main Road, South old, New York and you ll1av 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 South old and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dared: July 20, 1977 ~~ Petitioner Post Office Address 30 3rd Street Riverhead, New York 11901 o o PROOF OF MAILING OF NOTICE NAME ADDRESS George L. Cullen Pike Street, Mattituck, N.Y. 11952 William Krause pike Street, Mattituck, N.Y. 11952 Stanislaw Winiarz winiarz Estate, Mattituck, N.Y. 11952 w. Joseph Moisa Mattituck, New York 11952 ~ STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: Diana Foster . residing at McCann Lane, Greenport, N. Y. . being duly sworn, deposes and says that on the 20th day of Ju 1 Y ,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- fice at Southold, New York ; that said Notices were mailed to each of said persons by (certified) (J:~ mail. ~~~j ~/<~ RUOOLPH H. BRUER NOTARY PUBLIC, St,te of Now York No. 52.0465530 . S'lf l1< Counly .Commission Expires Mi1lch ~lJ, 19Ji '\ <- 1--\ \ . \ ~\ \ <.:"' \ ,;~ \ ~~, , \ 0 \ , ~ ~\ ~. , , ~ , " \J \T""; \ C: \ r' \ - ..... 1J-'\ \ . r' r,-,- ';";.,4',. 11 if;;t;';~~~~~'fWF~;~"'. , "'4C"~' t-\...c'7.3>' ~ \ \ , , ,.. ","f(lU~e 'Z.. <-. .'p \ -' ~ ~o.b'" . 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"!>\ NOTICE :E, ALTERATION, SALE OR I OF ANY PORTION OF THE 'UNTY TAX t.4AP IS PROHI81TED lIT fEN PERMISSION OF THE :RTV TAX SERVICE AGn~cy I Revisions KEY MAP lydr<l<11 Oi~rri,1 Une --.H--- Subdivision Lot No. (34) 1 . - 7 efuse District Line ---R.__ Deed Dimension 62' 2 PJ"F'/CML .,-;, 8 13. 100 0 r--- , ... lock No. @ Scaled Dimension 62's 3 9 114 140 114 SCALE Ii 4 10 r--- orr;eI No. 23 Deed Area 12A{d) 5 11 141 ,bd,v, ~'on Block No. (21) Calculated Area 12Ak) 6 - " "--- ...., /1 ,I 7/~ 11 'lJ JL-/ () ~