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TOWN OF SOUTHOLD, I~EW YORK DATE ....~.,~.~.~......~..3~' ~ ,
ACTION OF THE ZONING BO~ OF APPE~S
Appe~ No. 2334 Dated September 6, 1977
ACTION OF T~ ZONING BO~D OF APPE~ OF ~E TO~ OF SO~HO~
To Stanley J. Zultoski c/o Frederick J. Tedeschi, Esq.Ap~ant
403 Main Street
Greenport, NY 11944
at a m~t~g of the Zo~ Board of Appeals on October 13, 1977 the appeal
was consider~ and ~e action ~dicated below was t~en on your
( ) ~quest for variance due to lack of access to property
( ) Request for a special exception ~der the Zoning Ordnance
( ~ Request for a v~iance in the Zon~g Ordnance
( )
1977
1. SPECIAL EXCEPTION. By resolution of the Bo~d ~ was d~ermined th~ a special exc~tion ( ) be
~a~ed ( ) be de.ed pursuant ~ ~t~le .................... Sect~n .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and ~e decision of the Building I~pector ( ) be reversed ( ) be
confirmed becau~ 9:05 P.M. (E.D.S.T.) upon application of Stanley J.
Zultoski c/o Frederick J. Tedeschi, Esq., 403 Main Street, Green-
port, New York for a variance in accordance with the Zoning Or-
dinance, Article III, Section 100-30 and Bulk Schedule for
permission to divide property with insufficient width and area.
Location of property: east side Rocky Point Road, East Marion,
New York, bounded on the north by S. Fourskaris & ors.; east by
C. Dinas & ors.; south by C. Peters; west by Rocky Point Road.
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) (is not) umque 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
(e) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the dislrict because
(would not)
SEE REVERSE
and therefore, it was further determined that the requested variance (
that the previous decisions of the Building Inspector ( ) be confirmed (
,,
) be granted (
) be reversed.
BOARD OF APPEALS
) be denied and
After investigation and inspection, the Board finds that the
applicant requests permission to divide property with insufficient
width and area~ east side Rocky Point Road, East Marion, 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, Stanley J. Zultoski c/o Frederick
J. Tedeschi, Esq., 403 Main Street, Greenport, New York, be
GRANTED permission to divide property with insufficient width
and area, east side Rocky Point Road, East Marion, New York, as
applied for.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
Legal NoticeO -2- Hearts: October 13, 1977
8:25 P.M. (E.D.S.T.) upon application of A. Reilly & Sons,
Inc. a/c Vernon Ach, Reydon Shores, Southold, New York for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule for permission to construct
addition with insufficient side-yard setback. Location of
property: Reydon Drive, Southold, New York; Block G, Lot 14,
Map of Reydon Shores.
8:35 P.M. (E.D.S.T.) upon application of William J.
Schonewald, Box 23 A Route 1, Wells Road, Mattituck, New York
for a variance in accordance with the Zoning Ordinance, Article
III, Section 100-30 and Bulk Schedule for permission to divide
property and construct dwelling on lot with insufficient width
and area. Location of property: East side Bray Avenue, Laurel,
New York, bounded on the north by other land of applicant; east
by now or formerly Relyea; south by now or formerly D. Butterfield;
west by Bray Avenue.
8:45 P.M. (E.D.S.T.) upon application of Hon. Joseph R.
Corso, 360 Adams Street, Brooklyn, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section
~00-30 and Bulk Schedule for permission to construct addition
with insufficient side-yard setback. Location of property:
Lupron Point Road, Mattituck, New York, bounded on the north by
Lupton Point Road; east by J. Valenti; south by Deep Hole Creek;
west by P. Phoel.
/-- 8:55 P.M. (E.D.S.T.)
Zultoski c/o Frederick J.
upon application of Stanley J.
Tedeschi, Esq., 403 M~in Road, Green-
port, New York for a variance in accordance with the Zoning
Ordinance, Article III, Section 100-30 and Bulk Schedule for
permission to divide property with insufficient width and area.
Location of property: East side Rocky Point Road, East Marion,
New York, bounded on the north by S. Fourskaris & ors; east by
C. Dinas & ors.; south by C. Peters; west by Rocky Point Road.
9:05 P.M. (E.D.S.T.) upon application of Salvatore and
Angelina Caridi, Kouro's Road, New Suffolk, New York (George C.
Reydm Shores.
8:35 P.M. (E.D.S.T.) upon
application of William J.
Sehonewald, Box 23 A Route 1,
We~ Road, Mattituck, New York
for a varia ncc in accordance with
the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to divide property
and comtruct dweliingon lot with
insufficient width and area.
Location of property: East side
Bray Avenue, Laurel, New York,
bounded on the north by other
land of applicant; east by now or
formerly Relyea; south by now or
formerly D. Butterfield; west by
Bray Avenue.
8:45 P.M. (E.D.S.T.) upon
.application of Hon. Joseph R.
Corso, 360 Adams Street,
Brooklyn, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to construct ad-
dition with insufficient side-yard
setback. Location of property:
Lupton Point Road, Mattituck,
New York, bounded on the north
byLupton Point Road; east by J.
Valenti; south by Deep Hole
Cre~e~ we~t by P. Phoel. ~.~
· ~..~55 P.M.) (E.D.S.T) upon
~n 0t Stanley J. Zultoski
c-o Frederick J. Tedeschi, Esq.,
403 Main Road, Greenport, New
York for a variance in ac-
cordance with the Zoning Or-
d~aance, Article III, Section 100-
30 and Bulk Schedule for per-
mission to divide property with
insufficient width and area.
Location of property: East side
Rocky Point Road, East Marion,
New York, bounded on the north
byS. Fourskaris & ors; east by
Dinas & ers.; sonth by C. Peters;
west by Rocky Point Road.
9:05 P.~.S.T.) upon
October 6, 1977
variance in accordance with the
Zoning Ordinance, Article III,
~ction 100-30 and Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: Lake View
Terra ce (Pvt. Rd.), East Marion,
New York, bounded on the north
by Lake View Terrace; east by
now or formerly Huttenmoser;
south by Marion Lake; west by K.
Robb & E. Pohl
9:55 P.M. (E.D.S.T.) upon
application of Emma Mae
Kroner, 700 Glen Court, Cut-
chogue, New York fora variance
in accordance with the Zoning
Ordinance, Article III, Section
100-30 and Bu~ Schedule for
permission to change lot lines.
Location of property: Glen Court
(Pvt. Rd.), Cutchogue, New
York; Lot No. 12, Vista Bluff
Subdivision.
10:05 P.M. (E.D.S.T.) upon
application of Raymond Kirsch,
1551 Williams Bridge Road,
Bronx, New York for a variance
in accordance with the Zoning
Ordinance, Article III, Section
10~32 for permission to cons-
truct accessory building in front
yard area. Location of property:
Private Read off Bay~iew Road,
Seuthold, New York, bounded on
the north by right-of-way; e~by
V. Ladeck; south b~/~Corey
Creek; west by K. Isle~.
10:15 P.M. (E.D.S.T) upon
application of Doris Heft, 1965
Bray Avenue, Mattituck, New
York (William J. Clark, Esq.) for
a variance in accordance with the
Zoning Ordinance, Article IIL
Section 100-30 and Bulk Schedule
for permission to set off lot with
insufficient width and area and
construct dwelling. Location of
property: East side Bray
Avenue, Laurel, New York,
York IGary Olsen, Esq.) for a-
variance in accouiance with the
Zoning Ordinands,' Article III,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient width and area.
Location_of property: Private
R~0 ~rs Island, New York;
Loc~t~on of East .side
Sqmmit Road, Sou~oid, New
Yorl~, bodnded on the north by G.
Calm; east by J. Bertani; south
by W~ ~ackens; west by Summit
10:45 p.M. (E.D.S.?.) upon
application of Carl J. Schmid,
Fishers Island, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
SediJon 100-30 C 2(a) and 100-35
for permission to eliminate
swimming pool fence. Location of
preperty: Private Road, Fishers
Island, New York; Block 35, Lot
5, Fishers Island Estates.
Any person desiring to be heard
on the above appeals should
appear at the time and place
above specified.
Dated: September 30, 1977
BYORDEROF
THE SOUTHOLD
TOWNBOARD
OFAPPEALS
1T06--2818
COUNTY OF SUFFOr
STATE OF NEW YOi
qTUART C.
says that ...~., is
WEEKLY TIMES, a ne
countyI and that th~ n
copy, has been publis
once in ~ach week, ~
successively commenc
day o! .... 0C. T0 ~ER:
day of ..
north by othe~land 6f~'~p~i~
cant; east by now' or formerly
Relyea; south by now or
formerly D. Butteffield; west
by Bray Avenue.
8:45 P.M. (E.D.S.T.) upon
application of Hon. Joseph R.
Corso, 360 Adams Street,
Brooklyn, New York for a
variance in accordance with
the Zoning Ordinance, Article
II1, Section 100-30 and Bulk
Schedule for permission to
construct addition with insuf-
ticient side-yard setback. Lo-
cation of property: Lupton
Point Road, Mattituck, New
York, bounded on the north by
Lupton Point Road; east by J.
Valenti: south by Deep Hole
Creek; west by P. Phoel. ~
~ 8:55 P.M. (E.D.S.T.) upon.
application of Stanley J. Zulto-
ski c/o Frederick J. Tedeschi
Esq., 403 Main Road, Green-'
port, New York tbr a variance
in accordance with the Zoning
Ordinance, Article IlL Section
100-30 and Bulk Schedule for
permission to divide propert
with insufficient width and
area. Location of property:
East side Rocky Point Road,
East Marion, New York,
bounded on the north by S. ;
Fourskaris & ors; east by C.
Dinas & ors.: south by C.
Peters; west by Rock~
Road.
9:05 P.M. (E.D.S.T.) upon
application of Salvatore and
Angelina Caridi, Kouro's
Road, New Suffolk, New York oa
(Ge,orge C. Stankevich, Esq.)
for a variance in accordance
with the Zoning Ordinance,
Article III, Section 100-30 and
Bulk Schedule for permission'
to divide property with insuf-
ficient width and area. Loca-
tion of property: South side
Kouro's Road, New Suffolk,
New York, bounded on the
north by Kouro's Road; east,
south, and west by O. Kouros.
9:15 P.M. (E.D.S.T.) upon
application of Paul Hunter,
Main Bayview Road, Southold,
New York for a variance in
accordance with the Zoning
Ordinance, ArticlE IIl, Section
100-32 for permission to con-
struct accessory building in
front and side yard area;
Location of property: North
side Main Bayview Road,
Southold, New York, bounded
on the north by Highwood
Subdivision; east by C. Colom-
bo; south by Bayview Road;
west by J. Krepp & wf.
9:25 P.M. (E.D.S.T.) upon
application of Howard and
Mary Larsen, 4660 Deen Holo
COUNTY OF SUFFOLK
STATE OF NEVV YORK
Sherley Katz, being duty sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk Count-/;
and that the notice of which the annexed is a printed copy,
has been published in said Long Islend Traveler-Watch-
man once each week for [ weeks
successively, commencing on the
Sworn to before me this ....... { ............... day at
.... ............. ....................
JOSEPH FENTON
O FORM NO. 3 O
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No. .Dote ...........................
~-o ..C..,~../.~=.:~5.....~.:.~....~.~..~:~ ~ ~ ~~
~ ~,~,~,~, ~o.r ~,,.~,o. ~,.~ ........ ~:~.~=:...~. ..................... .. ,~.-..'...
~or ~ermit to ~ ........ ~; ...... .~.....;.~ ........ at the premises Iocoted et ........~ ...................... ~..,.
..... ~=.._.(~..:.:~ .......................... s~oo~ F 7~.~
Mop .............. ,~ .................. Blink ....~: ................................... Cot ................................................ is
re ~ dis~pr~ed ~ tho followin~ ~rounds .......... .~ ................................................
Building Inspeftor
O
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
September 6, 1977
To:
From:
Re:
Southold Town Zoning Board of Appeals
Judith T. Terry, Town Clerk
Application of Stanley J. Zultoski for a variance-Appeal No.
2334
to:
JTT/bn
cc:file
I have on file in my office notification by certified mail
Spiros Fourskaris & Ors., 38 91st St., Brooklyn, N.Y. 11209
George C. Dinas & Ors., 415 Oceanview Ave., Brooklyn, N.Y.
Chris Peters, t52 McElroy Avenue, Fort Lee, N.J. 07024
Town Clerk
FREDERICK J. TEDESCHi
October 3, 1977
Mr. Robert W. Gillispie, Jr.
Chairman, Zoning Board of Appeals
Town of Southold
c/o Town Clerk
Main Road
Southold, N@w York 11971
Re:
Application of Stanley Zultoski
Public Hearing on October 13,
1977
Dear Mr. Gillispie:
On behalf of Stanley Zultoski, relative to the above-captioned
application, I enclose herewith consent and statement of no ob-
jections signed by Spiros Fouskaris and George Planzoa, adjoining
owners on the north of the Zultoski property.
Thank you for your consideration.
Very truly yours,
FJT/a
Enclosure
TO THE ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Gentlemen:
September /7~ , 1977
Re: Stanley Zultoski
Please be advised that as adjoining owners on the North,
we have no objections to the Application of Stanley Zultoski.
Please consider this as our consent to same.
Very truly yours,
Spiros Fouskaris
O TOWN OF SOUTHOLD, NEW YOR~K
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~3,3y
DATE ..~..qp..~..~..m,b.e..~...~.~ ...... 1977
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTH~LD,,N. y.,
~reaerlcK J. Tedeschi, Attorney
], (~) ........... ~.T.~.L~.Y...J.,....ZUL~.0.~KI ......... of .~/.Q...4.O3...Main..$.~r. ee.~ .............................
Name of Appella.nt Street and Number
.......................... C,.~fLe.~p.o.r.t~: ............................................ bi~...Yo.r_k.ll9(,Y~EREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BU_~DING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ........~' .... ~.~. Z..~.~..~. ............
WHEREBY THE BUILDING INSPECTOR DENIED TO ~'
(X)
( )
........ ~T..A~....L..E...Y.....J........z....U~..T.~...S..K...I.....c./.~.....F..r..e.d..e...r.ick J. Tedeschi, Attorney
Name of Applicant for permit
of ...... .t..n.... =..e...e..t.. ....... ...............
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY ..~..~..s.~.t~.~.s~i.d~.e....`R~.~k.~...~..~i..~t'.~.~.~d~.~[~A~"~ip~.~'~A~'
Street Use DistriCt on Zoning Map
Di~txi~t,~ap1~ro~im~. te~,2,400 fe~n0rth o.f intersection of Rockv~Polnt Road.
...... ~.~...gO.~...k~Q~...&D.)...~//~g..&i~..l/ ~ee~ tront and rear an~ 1-5z.48 on each
mm~xx~. ~ sideline. As per print of survey attached.
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.)
_Articlm JII:gmat~nn 1~-3~ & S~ntion !00-3! B"lk "_~_d Par~ng $~h~dule.
3. TYPE OF APPEAL Appeal is made herewith {or
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State o~ New York Town Law Chap. 62 Cons. Lows
Art. ]6 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (,~]~l:(hos 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 ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
isrequestedforthereasonthat Applicant.wishes t? sell southerly 110.~7 feet to a
prospective purchaser to erect szngle famzly dwelling. Bee prznt of survey
by Van Tuyl, P.C., attached hereto.
Form ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because ~L~CantS have reached retirement age and no longer able
to care for same; intend to sell the southerly 110.17 feet.
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 other lots in the area of similar
size and smaller size or area are already built up with single family
residential dwellings. There are several lots in the area on the same
side of the street with only 50, 100 and ll0-foot frontage, respectively.
The adjoining lot on the south has only 100-foot frontage.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because The use w£11 be in haz-mony with and promote
the general purposes of the Zoning Ordinance and the use will not prevent
the orderly and reasonable use of adjacent properties and the safety, health
welfare, comfort and convenience and order of the Town will not be adversely
affected by the proposed use and its location. The character of the
district is similar to the applicant's proposal and in harmony with same.
COUNTY OF SUFFOLK ) _./ tf Si
/~ . Stanley J. Zultoski
Sworn to this ..............................................day of ..............Sapkember.~ .................. 19 77
~/ER~CK J. TEDESCH'
NOTARY PUBLIC, State of New York
No, 52-3945400
Qualified in Suffolk County
~,omrnission Expires Match 30,
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition~of :
STANLEY J. ZULTOSKI :
t® the Board of Appeals of the Town of Southold :
NOTICE
TO: SPIROS FOURSKARIS & ORS.
GEORGE C. DINAS & ORS.
CHRIS PETERS
YOU ARE HI~EBY G VEN 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) ~t~,~~) (the following relief: Perm~
divide property and set off lot with insufficient width and area.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: east side of Rocky Point Road; East Marion: New York; h~ng
210.17 feet front and rear by 152.48 feet on each sideline~ being 2400 lent
approx, from Northeast corner of the intersection of Main Road and Rn~_ky Point
Ro ad.
3. That the property which is the subject of such Petition is located in the following zoning district:
A residential and Agricultural District
4. That by such PetitiOn, the undersigned will request the following relief:( Permission
to
div~e
property and set of~f~* ' ' lot w~th ~nm~ff~r/ier,~- w~dtk mnH area.
That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
)ignedare: Arti, cle III; Sections 100-30 and
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: September ~,/ 1972
Petitioner / ~anl~y J. ZuZtoskz
PostO~ceAddr~s
c/o Frederick.J. Tedeschi. Attorney
403 Main Street
Greenport, New York 11944
NAME
SPIROS FOURSKARIS & ORS.
GEORGE C. DINAS & ORS.
CMRIS PETERS
PROOF OF MAILING OF NOTICE
ADDRESS
38 91st Street, Brooklyn, New York 11209
415 Oceanv£ew Avenue, Brooklyn, New York
152 McElroy Avenue, Fort Lee, N. J. 07024
Z
Z
RECEIPT FOR CERTIFIED MAIL--30~ (plus postage)
Mr. George C. Dinas ~ n-r-~.
R~'TURN-- ~1~ T' ShOo whom an~ d~eli~ ~ 1~ " ' : '
DELIVER TO ADDRESSEE ~ ... ........................... ;~
PS Form
Apr. 1971 3800
NO INSURANCE COVERAGE PROVIDED-- (See other side)
NOT FOR INTERNATIONAL MAIL
RECEIPT FOR CERTIFIED MAIL--30( (plus postage)
SENT TO
STREET AND NO.
38 91st Street
P.O., STATE AND ZIP CODE
Brooklyn, New York 11209
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN 1. Shows to whom and date delivered ...........
With delivery to addressee only .......... i
SPECIAL DELIVERY (extra fee required) .............................
PS Form
POSTMARK
OR DATE
Apr. 1971 3800
NO INSURANCE COVERAGE PROVIDED-- (See other
NOT FOR INTERNATIONAL MAIL ~ a]~o:],~ o-~-74~
No. 342190
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
~ residing at P. rmmnport; New York ~
, being duly sworn, deposes and says that on the ~ "day
of September ,19 7 7 , 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 Cr~nnnrt~. N~w Yn-~k ; that said Notices were mailed to each of said persons by
(certified) (~) mai~.
Sworn to before me this ~'
~otary Public
Rose Ambruso
FREDERICK J. TEDESCHI
NOTARY PUBLIC, State of New ¥o~k
No. 52-3945400
Qualifi~c[ in Suffolk County ~
Commission Expires March 30, 19',~'7
STANLEY
E,~A..~ T MARION
N
NO 022
LINE
SEE