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HomeMy WebLinkAbout2128 TO~YN OF SOUTHOLD, NEW YORK ACTION OF '1'11~ ZONING BOAR.FI OF AFPEALS AppealNo. 2128 Dated April 23, 1976 ACTION OF THE ZONING BOARD OF A~PEALS OF THE TOV~N OF SOUTHOLD To Steven Papastefanou (Bernard Weiner-Hendon Pools) Main Road 201 Hemstead Turnpike East Marion, N.Y. Elmont, N. Y. DATE ..NL~IZ...2 D., 1976 Appellant at a meeting of the Zoning Board of Appeals on May 2 0, 19 7 6 was considered end 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 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a speci~ except~n ( ) be ~a~ed ( ) be denied pursua~ te Article .................... ~ction .................... Sub~ction .................... p~a~a~ .................... of the ~ning ~dinance and the dee~ou of the Building I~pector ( ) be revers~ ( ) be confirmed becau~ 8:20 P.M. (E.D.S.T.) upon application of Steven Papastefanou, Main Road, East Marion, New York (Bernard Wiener-Hendon Pools), 201 Hempstead Turnpike, Elmont, New York, for a variance in accordance with the Zoning ordinance, Article III, Section 100-30 C & 100-32 for permission to construct private swimming pool in front yard area. Location of property: Main Road, East Marion, N. Y. bounded on the north by Main Road (Rte 25); east by Private Road (Cedar Drive); south by Private Road (Cedar Drive); west by L. T. Vail. Fee paid $15.00. 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) 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) change the character of the district because (would not) 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 VERSE / Mar j o~ie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to construct private swimming pool at Main Road and Cedar Drive, East Marion, N. Y. The findings of the Board are that for zoning purposes the applicant has three front yards, the house is located running lengthwise with the lot and facing Cedar Drive. The depth of the lot inhibits locating a swimming pool in the rear yard. The size of this lot and others in the surrounding area was established before the passage of a zoning ordinance. The Board agrees 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, Steven Papastefanou, Main Road, East Marion, NeW York (Bernard Wiener-Hendon Pools), 201 Hempstead Turnpike, Elmont, New York, be GRANTED permission to construct private swimming pool in front yard area, as applied for, subject to the following conditions: 1. That the swimming pool be placed south of the house, as applied for. 2. Fencing for the pool shall be no less than 5 feet in height. 3. Subject to Suffolk County Planning Commission approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. ilECFIVED AND · fLED Town ':.--' LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York, on May 20, 1976, on the following appeals: 8:00 P.M. (E.D.S.T.) upon application of Doric Dimensions Corporation, CR27, Mattituck, New York CCatherine Zarbis)for a special exception in'accordance with the Zoning Ordinance, Article VI, Section 100-60C (B) for permission to erect additional ground sign. Location of proper~y: south side Sound Avenue (CR27), Mattituck, New York, bounded on the north by Sound Avenue (CR27); east by now or formerly Pylko; south by now or formerly H. R. Reeve; west by now or formerly V. Norris. 8:10 P.M. (E.p.S.T.) upon application of Robert B. Hamilton, 1180 Smith's Drive South, Southold, New York for a variance in accordance with %he Zoning Ordinance, Article iii, Section 100-30 and Bulk Schedule for permission to build an addition leaving insufficient sideyard. Location of property: Smith Drive South, Southold, New York, Lots 47 and 48, Goose Neck ~Est. 8:20 P.M. (E.D.S.T.) upon application of Steven Papastefanou, Main Road, East Marion, New York (Bernard Weiner-Hendon Pools), 201 Hempstead Turnpike, Elmont, New York, for a variance in accord. ance with the Zoning Ordinance, Article III, Section 100-30 C & 100-32 for permission to construct private swimming pool in front yard area. Location of property: Main Road, East Marion, N. Y., bounded on the north by Main Road (Rte 25); east by Private Road (Cedar Drive); south by Private Road (Cedar Drive); west by L. T. Vail. Legal Notice Pg. 2 Hearings: May 20, 1976 8:30 P.M. (E.D.S.T.) upon application of George Wallace, Rabbit Lane, East Marion, N. Y.(Sesame construction Services, Inc for a variance in accordance with the Zoning Ordinance, Article II Section 100-30 C (2) (d) & 100-32 C for permission to construct swimming po01 on secondary parcel of land. Location of property: Rabbit Lane (Private Road), East Marion, N. Y., bounded on the north by Marion Lake; east by S. Wolfe; south-Rabbit Lane; west by R. Racke~t. 8:45 P.M. (E.D.S.T.) upon application of Edward C. Clingen, special exception Young's Road, Orient, New York for a ~xiH~ in accordance with the Zoning Ordinance, Article III, Section 100-30 C (6F) for permission to erect off-premises rental sign. Location of property: South side Main Road, Orient, New York, bounded~on north Main Road (Rte 25); east by C. Knispel; south by Hale & Kellogg; west by Floyd King. 8:55 P.M. (E.~.S.T.) upon application of Leo W. Tillinghast, 59 Wilmarth Avenue, Greenport, New York for a variance in accordanc( with the Zoning Ordinance,. Article III, Sectlon 100-30 A. and Bulk Schedule for permission to construct porch addition with insufficient side yard. Location of property: south side Wilmarth Avenue and north side Washington Avenue, Greenport, Map of Washington Heights,'Lot 41 and 50, Wilmarth Ave., Greenport 9:10 P.'M. (E.D.S.T.) 122 Orleans Lane, Jericho, with the Zoning Ordinance, upon application of Millwood Homes Ltd New York for a variance in accordance Article Iii, Section 100-30 and Bulk Schedule for permission to construct three dwellings with in- sufficient Width and area. Location of property: Wabasso/Nakomis Road, Southold, Wabasso Street; Road. bounded on the north by Theodore Kwasnik;'east by south by C. Nelson & A. Kwasnik; west by Nakomis Legal Notice Pg. 3 Hearings: May 20, 1976 9:25 P.M. (E.D.S.T.) upon application of William Wickham, Main Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61& 100-62 and Article VII, Section 100-71, and Article XI, Section 100-~12 C & 100-113 (2) for permission to construct addition causing in- sufficient off-street parking. Location of property: North side Main Road (Rte 25) Mat~ituck, New York, bounded on the north by Mattituck Park District; east by L.' Dohn Est.; south by Main Road; test by V. Stype. 9:35 P.M. (E.D.S.T.) upon application of Marcus & Joanne Bryan, 108 Wedgewood Drive, Coram, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback. Location of property: Glen Court, Birch Hills, Cutckogue, New York, Lot 3, Map of Birch Hills, ~4908. 9:50 P.M. (E.D~S.T.) upon application of Cline W. Cornell, Oakwood Drive, Southotd, New York,(R. G. Terry, Jr., Attorney), 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: Oakwood Drive & Christopher Street, Southold, New York. 10:05 (E.D.S.T.) upon application of Franklin Born, Leeward Drive, Southold, New York, (Gary F. Olsen, Att'y), for a variance in accordance with the Zoning Ordinance, Article !II, Section 100-30 and Bulk Schedule & Section 280A Town Law for permission to construct two dwellings on access. Location of property: Hap of Leeward Acres, Lots 29 altered lots and for approval of Leeward Drive, Southold, New York, & 30. Legal Notice Pg. 4 Hearings: May 20, 1976 ~10:20 P.M. (E.D.S.To) upon application of Margaret Rushmore, 2 Springhill Road, Roslyn Heights, N. Y., (Gary F. Olsen, Att'y), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback.' Location of property: south end Dean Drive, Cutchogue, New York, bounded on the north by J. Dean; east by Libel & Seaman; south by Peconic Bay; west by Dean Drive and Downsview Sub. 10:30 P.M. (E.D.S.T.) upon application of Joseph & Claire Mossbruger, 149 Raymond Street, Rockville Centre, New York, (Rudolph Bruer, Att'y), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, for permission to divide premises with dwelling into two lots with insufficient width and area. Location of property: west side Private Road, east side Sound View Ave., Southotd, bounded on the north by V. D'Augusta; east by Private Road; south by J. McCarvill & Ors; west by Manning - minor subdivision. 10:40 P.M. (E.D.S.T.) upon application of Alice T. Power, Driftwood Cove, Main Road, Southold, New York, (Rudolph Bruer, Att'y), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to divide premises with dwelling into two lots with insufficient width and area. Location of property: Road Ext., Cutchogue, Map of Peconic Bay Lots 24 & 25. Private Road - Haywaters Prop., Lots 11 & 12 and 10:50 P.M. (E.D.S.T.) upon application of Douglas Case, Case's Place, Peconic Lane, Southold New York for a special exception in accordance with the Zoning Ordinance, Article Iii, Section 100-30 C (6) (F) for pe_rmission to erect off-premises sign on the south side of Main Road. Location of property: South side Main Road opposite Peconic Lane, Peconic, New York. Bounded on the north by Main Road; east by now or formerly Ch. Simon Est.; south by A. Fiore & Ors.; wes~ by T. Gra%tan & Ors. Legal Notice pg. 5 Hearings:. May 20, 1976 Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: May 7, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, MAY 13, 1976, AND FORWARD FIFTEEN (15) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on May 10, 1976. Catherine Zarbis, Doric Dimensions, Inc. Robert B. Hamilton Steven Papastefanou (Bernard Weiner-Hendon Pools) George Wallace Edward C. C!ingen Leo W. Tiltinghast Millwood Homes, Ltd. William Wickham Marcus & Joanne Bryan Ctine W. Cornell Franklin Born (Gary F. Olsen) Margaret Rusb3aore (Gary F. Olsen~ Joseph & Claire Mos~bruger (Rudolph Bruer) Alice T. Power (Rudolph Bruer) Douglas Case LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York, on May 20, 1976, on the following appeals. 8:00 P.M. (ED.S.T.) upon ,~cation of Doric Dimensions · oration, CR27, Mattituck, ~York (Catherine Zarbis) for ~-,,~cial exception in accordance ~-~ the Zoning Ordinance, '~g~cle VI, Section I00-60C (B) for nission to erect additional und sign. Location of perry: south side Sound ~nun (CR27), Mattituck, New beanded on the north by Avenue (CR27); east by ~' or formerly Pylko; south by or formerly H.R. Reeve; by now or formerly V. ~:10 P.M. (E.D.S.T.) upon of Robert 1180 Smith's Drive New York for a in accordance with the Ordinance, Article III, 100-30 and Bulk Schedule permission to build an ad- dition leaving insufficient ' sideyard. Location of property: ~ Smith Drive South, Seuthold, New York, Lots 47 and 48, Goose Neck East. ~ /~3:20 P.M. (E.D.S.T.) upon application of Steven Papastefanou, Main Road, East Marion, New York (Bernard Weiner-Hendon Pools), 201 Hempstead Turnpike, Elmunt, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C & 100-32 for permission to construct private swimming pool in front yard area. Location of property: Main Road, East Marion, N.Y., bounded on the north by Main Road (Rte 25); east by Private Road (Cedar ~.D. rive); south by Private Road (Cedar Drive); west by L.T. Vail. 8:30 P.M. (E.D.S.T.) upon application of George Wallace, Rabbit Lane, East Marion, N.Y. (Sesame Construction Services, Inc.), for a variance in ac-. cordance with the Zoning Or- dinance, Article III, Section 100- 30 C (2) (d) & 100-32 C for per- mission to construct swimming pool on secondary parcel of land. Location of property: Rabbit Lane (Private Road), East Marion, N.Y., bounded on the north by Marion Lake; east by Wolfe; south-Rabbit Lane; west by R. Rackett. 8:45 P.M. (E.D.S.T.) upon application of Edward C. Clingen, Young's Road, Orient, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C (6F) for permission to erect off-premises rental sign. Location of property: South side Main Road, Orient, New York, beanded on north Main Road (Rte 25); east by C. Kilispel; south by Hale & Kellogg; west by Floyd King. 8:55 P.M. (E.D.S.T.) upon application of Leo W. Tillinghast, 59 Wilmarth Avenue, Greenport, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 A. and Bulk Schedule for permission to construct perch addition with insufficient side yard. Location of property: south side Wilmarth Avenue and north side Washington Avenue, Greenport, Map of Washington Heights, Lot 41 and 50, Wilmarth Ave., Greenport. '.~ 9:10 P.M. (E.D.S.T.) upon ~application of Millwoed Homes ~Ltd., 122 Orleans Lane, Jericho, i~New York for a variance in ac- 'cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to construct three dwellings with insufficient width and area. Location of property: Wabasso-Nakomis Road, Southold, beanded on the north by Theodore Kwasnik; east by Wabasso Street; south by C. Nelson & A. Kwasnik; west by Nakomis Road. 9:25 P.M. (E.D.S.T.) upon application of William Wickham, Main Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, A~' ~e VI, Section 100-61 & 100-62 an. ticle VII, Section 100~71, and Article XI, Section 100-112 C & 100-113 (2) for permission to construct ad- dition causing insufficient off- street parking. Location of property: North side Main Road (Rte 25) Mattituck, New York, bounded on the north by Mat- tituck Park District; east by L. Dohn Est.; south by Main Road; west by V. Stype. 9:35 P.M. (E.D.S.T.) upon application of Marcus & Joanne Bryan, 10~ Wedgewood Drive, Coram, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback. Location of property: Glen Court, Birch Hills, Cutchogue, New York, Lot 3, Map of Birch Hill, No. 490~. 9:50 P.M. (E.D.S.T.) upon application of Cline W. Cornell, Oakwood Drive, Seuthold, New York, (R.G. Terry, Jr., At- torney), for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to d{vide property with insufficient width and area. Location of property: Oakwoed Drive & Christopher Street, Southold, New York. 10:05 (E.D.S.T.) upon ap- plication of Franklin Born, Leeward Drive, Southold, New York, (Gary F. Olsen, Att'y), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule & Section 280A Town Law for permission to construct two dwellings on altered lots and for approval of access. Location of property: Leeward Drive, Seuthold, New York, Map of Leeward Acres, Lots 29 & 30. 10:20 P.M. (E.D.S.T.) upon application of Margaret Rush- more, 2 Springhill Road, Roslyn Heights, N.Y., (Gary F. Olsen, Att'y), for a variance in ac- cerdance with the Zoning or- dinance, Article III, Section 30 and Bulk Schedule for per- mission to construct dwelling with insufficient setback. Location of property: south end Doan Drive, Cutchogue, New York, bounded on the north by J. Dean; east by Libel & Seaman; south by Peconic Bay; west by Doan Drive and Downsview Sub. 10:30 P.M. (E.D.S.T.) upon application of Joseph & Claire Mossbruger, 149 Raymond Street, Reekville Centre, New York, (Rudolph Bruer, Att'y) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, for permission to divide premises with dwelling into two lots with insufficient width and area. Location of property: west side Private Road, east side Sound View Ave., Southold, bounded on the north by V. D'Augusta; east by Private Road; south by J. McCarville & Ors; west by Manning--minor subdivision. 10:40 P.M. (E.D.~ upon application of Alice ?ower, Driftwood Cove, Main Road, Seuthold, New York (Rudolph Bruer, Att'y), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for per- mission to divide premises with dwelling into two lots with in- sufficient width and area. Location of property: Private Road--Haywaters Road Ext., Cutchogue, Map of Peconic Bay Prop., Lots 11 and 12 and Lots 24 and 25. 10:50 P.M. (E.D.S.T.) upon application of Douglas Case, Case's Place, Peconic Lane, Southold New York for a special exception in accordance with the Zoning Ordinance, Article III, Section Ne-SO C (6) (F) for permisgAen to erect Off'Premises sign on t~e south ~de of Main Road. Location o.f' property: South side Main Road opposite Peconic Lane, Peconin, New York. Bounded on the north by Main Road; east by now or formerly Ch. Simon Est.; south by A. Fiore & Ors; west by T. Grattan & Ors. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: May 7, 1976 BY ORDER OF THE COUNTY OF SUFFOLR. STATE OF NEW YORK, ~ ss: Stuart C. Dorman ...................................... being duly Sworn, says that ........ is Printer and Publisher oi fhe S~FFOLK WEEKLY TIMES, ~ news~per publish~ at Gr~nporL in ~aid county; and ~t th~ noti~, oi which ~e ~ne~ is a pfint~ copy, ~ ~en published in the s~d Suttolk W~k~ Times One (1) once in each w~k, for ........................... weeks successively commencing on ~e ...... .~.q~ ...... day of ..,~,;~..~ ~'"~' 19.7.6 Sworn to ~for~me_ this ...~ ..... .... :::::7 LEGAL NOTIC~ Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York, on May 20, 1976, on the following appeals: 8:00 P.M. (E.D.S.T.) upon ap- plication of Doric Dimensions Corporation, CR27, Mattituck, New York (Catherine Zarbis) for a special exception in accordance with the ~/~oning Ordinance, Arti- cle VI, SeCtion 100-60C (B) for permission ~ erect additional ground sign. Location of pro- perty: south side Sound Avenue (CR27), Mattituck, New York, bounded on the north by Sound Avenue (CR27); east by now or formerly Pylko; south by now or formerly H.R. Reeve; west by now or formerly V. Norris. 8:10 P.M. (E.D.S.T.) upon ap- plication of Robert B. Hamilton, 1180 Smith's Drive South, South- old, New York for a variance in accordance with the Zonifig Ordi- nance, Article Ill, Section 100-30 and Bulk Schedule for permission to build an addition leaving insuf- ficient sideyard. Location of pro- perty: Smith Drive South, South- old, New York, Lots 47 and 48, Goose Neck Est. ~' 8:20 P.M. (E.D.S.T.) upon alb~-N plication of Steven Papastefanou, Main Road, East Marion, New York (Bernard Weiner-Hendon Pools~,%201 Hempstead Turnpike. Elmont~ New York, for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-30 C & 100-32 for permission to construct private swimming pool in front yard area. Location of property: Main Road, East Marion. New York, bounded on the north by Main Road (Route 25); east by Private Road (Cedar Drive); south by Private Road Cedar Drive); west by LT. Vail. 8:30 P.M. (E.D.S.T.) upon ap- plication of George Wallace, Rab- bit Lane, East Marion, New York (Sesame Construction Services, Inc.), for a variance in accordance with the Zoning Ordinance. Arti- cle IlL Section 100-30 C (2) (d) & 100-32 C for permission to con- struct swimming pool on second- ary parcel of land. Location of property: Rabbit Lane (Private Road). East Marion, New York, bounded on the north by Marion COUNTY OF SUFFOLK / STATE OF NEW YORKt ss: Sherley Kotz, keing duly sworn, soys that she is on Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, nos been published in said Long Island Traveler-Watch- man once each week for .......... /. ............................ weeks t successively, commencing on he ....~.~. ............................... doy ............ ,~,,?..,,. ................ , ........... Sworn to before me this ...... ~...~.. ........... day of FOR~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL Fi,e No ................................................................... Date : .............. ~..~.~ .............. , To ~~....~~...:.J~ ~ .~.0...r...~..t.~~.......zT~..... .............. PLEASE TAKE NOTICE-that you~ application doted .......... ~..,...~.?.?.. ........... , 19 ~(~ ~or permit to construct ........................................ the premises located ct .......~......~...ff., .... .~...~.~ ................. ~,e~, Map .............. ~ ..................... Block. ......... ~ .......................... Lot ..... ~'~... ..................................... is TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INS, cCTOR APPEAL NO. ~/~;~ ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appella,nt Street and Number m.o.t ...... Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............. ~,.-.~.~L.-..?.~ ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (:) (x) Name of AppJicant for permit of Maio Road East Marioo New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit for swimming pool io froot yard area 1. LOCATION OF THE PROPER'FY' ..~..~..~..q...~..~..~...~.~,$,t~..~,~.;i,.~.~.,...~r .................................... Street Use District on Zoning Map Mep 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 Ordi.nance.) Art. III Sec lO0-jO C & 100-~2 3~ TYPE OF APPEAL Appeal is made herewith for ]EX: ) A VARIANCE to the Zoning Ordina.nce or Zoning Map ( ) 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 ~J:(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 ( ) isJrequested for the reason that to 'ii, stall ao ~io grouod pool with feoce to code. (18x36) vioyl swimming Form ZB1 (Continue on other side)_ REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical dJff[cu[t';ee or unneces- sary HARDSHIP because 't~h;i. 8 ;i.~t ii, g~ro~g~ plOg ~r~ ~&~ ~ ~ ~V~~ ~ 2. The hardship created is UNIQUE and is not shared by e][ properties alike in the imrnediete vicinity of this property and in this use~disCrict because 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss GOUNTY OF ) Sworn to this ......... ~..~.. .......................... day ~ 9 2 ~ Notary Public JUDITH T. BOKEN TOWN CLegK REC~ISTR&R OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE 765-3783 April 23, 1976 To: Southold Town Zoning Board of Appeals From: Judith T. Boken, Town Clerk Transmitted herewith is Appeal No. 2128 - application of Bernard Weiner - Hendon Pools, a/c Steven Papastefanou, for a variance. Included herewith is notification to the following adjoining property owners: Lillian & Albert Vail, Main Road, East Marion, Suffoll~unty Department of Planning H. Lee Del~ison Executive Office Building~ Veterans ~emorial Highway Mauppauge, ~ew York 11787 May 27, 1976 Town of Southold Board of Appeals Pursuant to the requirements of Sectionsi323 to 1332 Of'the Suffolk County Charter, the following applications which have'been referred to the Suffolk County Pl~mnin~ Commissicn are considered to be a matter for local determin-' ation. A decisioe of local determination should not be construed as either an approval or a disapproval. Applicant Robert B.' Hamilton ~Steven Papastefanou George Wallace William Wickham Marcus & Joanne Bryan Margaret Rushmore Joseph.& Claire Mossbruger Case's Place Ifunicipal File l,]umber 2127 2128 2129 2133 2134 2137 2138 2141 Very truly yours, Lee E. Koppelman Director of Planning by GG!~: fp TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 785-$788 Bulldlms Dept. } Planning Bd. '/65-2660 Board ef Appeala Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and' m, the .....B..o..a.r..~....~./[...~]%pp..~.e,[~. ......... of the town of ....... Sm=thold ............. (agency involved) he. reby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes Steven Papastefanou Main Road East Marion, N. Y. ............ Special permits ..... ~, .... Variances Location of affected land: .....M.~..~n...?`..~...~..~.....&.....C...e..~.~.~.....D..~.~.,....~.~.~.~..~.~.~...~.~...~.~ .......... within 500 feet of: (check one or more) ............ Town or village boundary line ..... .X.. .... State or county road, parkway or expressway ............ State or county park or recreation oreo ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public 'building is situated Comments: The findings of the baord are that for zoning purposes the applicant has three front yards, the house is lo~atad running lengthwise with the lot and facing Cedar Road. The depth of the lot inhibits lo~ating a swimming pool in the rear yard. The size of this lot and others in the surrounding area .was. established before the passage of a Ioning ordinance. The Board agrees with the reasoning of the applicant. Dote: ............................................ M~y 24, 1976 (s~) Robert W. Gtllispie, Jr. Title Chairman Date received by Suffolk County Planning Commission ........................................................................ File No ................................. GARDINER$ BAY~ EAST MARION ESTATES CLUB, Inc. LON® ISLAND, N. Y. 11939 Zoning Board of Appeals Southold~ New York 5tay 15s 1976 Gentlemen: W~ the BOARD OF DIRECTORS of the GARDINERS BAY' ESTATES CLUB~ INC., of East Marion~ New York, consisting of eighty-four (84) families, do hereby protest the building of a swimming pool by Steven Papastefanou on the southwest corner of the Main Road (Route 25) and our main entrance road. A required fence around the pool will reduce visibility and create a hazard to traffic entering or leaving our road from Route 25~ together with the traffic congestion of Seps Farm Stand and parking on both sides of the main road. Elimination of the normal required setback is not usually permitted and could set a precedent. Obuiously, any community with a rash of swimming pools in the front yards, adjacent to the Main Road~ would be most unattractive and an eyesore. Certainly, it would not be consistent with Route 25 having been declared an Historic Corridor in this Bicentennial Y~r. The petitioner has a vacant portion of his property to the south of his house approximately 82' x 160'. WE, TMEREFORE, the undersigned do request that the petition-application of Mr. Steven Papastefanou be refused and denied for the above-stated reasons. ed . ingett - President · ssory Intlt'cat¢ typr of mnil A~fix stamp here it' issued as qAME AND ~t, . - ~ ~ ~ ENSURED ~ C.O.D. ~ificate of mailing or for ADDRESS , - ~ ,... · . . addifionM copies o[~is bill. ~2~0 Lillian & Albert Vail, Hain Road ERS Marton, ~ew York BOARD OF PEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: Var J. anee I. 2, That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ]ili~]~]~X~l]C~]~lJI Southwest corner Main Rnad and Rf.r~t East Mariou, New York 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: varianee for accessory structure (pool) in front yard 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ARTICLE III Sec. 100-~0 C & 100-~2 6. That within five days from the date ~ereof, 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: 4-21-76 Steven Papastefanou by Sesame Construct- Petitioner ion Services PostOfficeAddress Main Road: East Mar~nn~ New ~ork NAME PROOFOFMAILING OFNOTICF ADDRESS L111~an & Albert Vail Maln Road, Eaet Marion, Now York STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: / Janet Peooraro for Sesame C,o~i~n~9~lon Servioee 16 1~¥andaneh qm~ ~'kt. Awn _Ik_~ , being duly sworn, deposes and says that on the ~..~ day of .... ~..~i~'-~; ,19 76 , 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 Comraaok ; that said Notices were mailed to each of said persons by (certified) (~) mail. Blvd. Sworn to be/i~re m.e this ~ ~, day of f ,/~'~ - ,] 9 '~ ~ Nota~ Public ,~ELEN ~' ~' ~t'ary Public, St-,te ~ '. ':;r MATCH LINE SEE SEC. Legend J ~r R.W Line County Line Fire District Line ----' F- --- Hydrant District Line ---.H---- Subdivision Lot No. (34) :amman Owner Z Town Line Water District Line --- -W- --- i Refuse Dh trier Line -----R ---- Deed Dimension 62' on Lot Line J Village Line Light J)istrict Line -----L---- Block Ho. (~) Scaled Dimenslo~ 62's / / .j Vv'..., i-qEL~t.4 H.