The URL can be used to link to this page

Home My WebLink About2224 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONENG BOAKD OF APPEALS Appeal No. 2224 Dated November 10, 1976 ACTION OF TH~ ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Leonard Modelewski, Sr. and wife 416 Fifth Street East Northport, NY Appellant at a meeting of the Zoning Board of Appeals on December 2, 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 ( ) 1976 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be den/ed pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:10 P.M. (E.S.T.) upon application of Leonard Modelewski, Sr. and wife, 416 Fifth Street, East Northport, New York for a vari- ance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with in- sufficient area. Location of property: Hamilton Avenue, Cutchogue, New York; Lots 25 through 28, Ravatone Realty, Filed Map #539. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical 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 ( that the previous deeisinns of the Building Inspector ( ) be confirmed ( SEE REVERSE FORM ZB4 ) be granted ( ) be denied and ) be reversed. ZONING BOARD OF APPEALS After investigation and inspection, the Board finds that the applicant requests permission to divide property with in- sufficient area, Hamilton Avenue, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The area consists of small lots, many of which are smaller than the proposed lots. 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 ~roperties alike in the in%mediate vicinity of this property and · n 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, Leonard Modelewski, Sr. and wife, 416 Fifth Street, East Northport, New York be GRANTED permission to divide property with insufficient area, Hamilton Avenue, Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. LEGAL NOTICE No%ice of Hearings Pursuant to Sec%ion 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 Thursday, December 2, 1976, on the following appeals: 8:10 P.M. (E.S.T.) upon application of Lois J. Thorp, 200 Gardiners Bay Estates, East Marion, New York (Irving L. Price, J~ Attorney) for a variance in accordance with the Zoning Ordinance Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: e~s~ side West Lane, East Marion, New York, bounded on the north by T. Siculiane; east by Daty; south by Dixon; west by West Lane. 8:20 P.M. (E.S.T.) upon application of Letitia Yarusso, 10060 Sound Avenue, Mattituck, New York for a variance in accord- - ance wlth the Zoning Ordinance, Article XIf Section 100-118 D for permission to repair or replace existing non-conforming building. Location of property: 1470 Factory Avenue, Mattituck New York, bounded on the north by C.R. Coutts, Jro; east by F. Hell; south by W. Corwin; west by Factory Avenue. 8:30 P.M. (E.S.T.) upon application of Jonathan C. Browning and wife, Little Neck Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with in- sufficient area. Location of property: east side Little Neck Road, Cutchogue, New York, bounded on the north by J. Kujawski; Stepnoski; east by Strohson Road; south by W. E. Taylor and S. W. west by Little Neck Road. 8:40 P.M. (E.S.T.) upon application of Lillian Qualls, Main Roadt Laurel, New York for a variance in accordance with Legal Notice -2- Hearings: December 2, 1976 the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to relocate house on undersized lot. Location of property: Main Road, Laurel, New York, bounded on the north by Main Road; east by M. Sawicki; south by G. west by G. McCarthy. 8:50 P.M. (E.S.T.) upon application of Greenport Union Free School District, New York McCarthy; tion, port, for a varzance in Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient area. Location of property: Front Street, Greenport, New York, bounded on the north by other land of applicant; east by K. Peterson; south by Main Road (Route 25); west by Kalin, Jernick. 9:00 P.M. (E.S.T.) upon application of Leonard Madelewski, Sr. and wife, 416 Fifth Street, East Northport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide prop- erty with insufficient area. Avenue, Cutchogue, New York; Filed Map ~539. the Board of Educa- Front Street, Green- accordance with the Zoning Location of property: Hamilton Lots 25 through 28, Ravatone Realty, 9:10 P.M. (E.S.T.) upon application of Rosemarie C. Burnsid~ Nassau Point Road, Cutchogue, New York for a variance ~n accord- ance with the Zoning Ordinance, Article iii, Section 100-35 B for perr~ission to construct fence exceeding maximum height. New York; Location of property: Lot $70, Nassau Point; 9:20 P.M. (E.S.T.) Nassau Point Road, Cutchogue, Map $156. upon application of Cornell Construction a/c Frank and Frances Rizzo, !823 Parkview Avenue, Bronx, 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 side-yard setback. Loca- tion of property: north side Soundview Avenue, Southold, New York, bounded on the north by Long Island Sound; east by Dubin; Legal Notice -3- Hearings: December 2, 1976 south by Soundview Avenue; west by Mulvaney. 9:40 P.M. (E.S.T.) upon application of Goldsmith Building and Construction, Inc., Main Road, Southold, 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 side-yard setback. Location of property: north side Chestnut Road, Southold, New York, bounded on the north by D. Moore; east by H. Metzendorf; south by Chest- nut Road; west by J. Fontana. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: November 19, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, NOVEMBER 24, 1976, AND FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE SOUT~OLD TOWN BOARD OF APPEALS, ~IN ROAD~ SOUTHOLD, NEW YORK. Copies mailed to the following on November 19, 1976: Irving L. Price, Jr., Esq. a/c Lois J. Thorp Leti%ia Yaruss~ Jonathan C. Browning & wife Lillian Quails Board of Education, Greenport Leonard Madelewski Rosemarie C. Burnside Corne!l Construction a/c Rizzo Goldsmith Building and Construction, inc. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended But!ding 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 Thursday, December 2, 1976, on the following appeals: 8:10 P.M. (E.S.T.) upon ap- plication of Lois J. Thorp, 200 Gardiners Bay Estates, East Marion, New York (Irving L. Price, Jr., Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: east side West Lane, East Marion, New York, boanded on the north by T. Siculiane; east by Daly; south by Dixon; west by West Lane. 8:20 P.M. (E.S.T.) upon ap- plication of Letitia Yarusso, 10060 Sound Avenue, Mattituck, New York for a variance in ac- cordance with the Zoning Or- 118 D & E for permkaiun to repair or replace existing non- conforming building. Location of property: 1470 Factory Avenue, Mattituck, New York, bounded on the north by C.R. Coutts, Jr.; east by F. Helf; south by W. Corwin; west by Factory Avenue· 0:30 P.M. (E.S.T.) upon ap- plication of Jonathan C. ' Browning and wife, Little Neck Road, Cutchogue, New York 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 area. Location of property: east side Little Neck Road, Cuichngue, New York, bounded on the north by J. Kujawski; east by Strohson Road; south by W. E. Taylor and S. W. Stepneski; west by Little Neck Road. 8:40 P.M. (E.S.T.) upon ap- plication of Llllian Quails, Main Road, La~wel, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to relocate house on undersized lot. Location of property: Main Hoad, Lam'el, New York, bounded on the north by Main Road; east by M. Sawicki; south by G. McCarthy; west by G. McCarthy. 8:50 P.M. (E.S.T.) upon ap- plication of the Board of Education, Greenport Union Free School District, Front Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient area. Location of property: Front Street, Green- port, New York, bounded on the north by other land of applicant; east by K. Pete~an; south by /.ow d (Route 25); west by ick. ~ · (E.S.T.) upon ap f Leonard Madelewski, ifc, 416 Fifth Street, East Northport, New York for a~ variance in accordan?..'~ith t..h.e ~ Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide propqrty with insufficient area. Location of property: Hamilton Avenue, Cutchngue, New York; Lots 25 through 28, Ravatone~ Realty, Filed Map Nor 539. 9:10 P.M. (E.S.T.) upon ap- plication of Rosemarie C. Burn- side, Nassau Point Road, Cut- chogun, New Yor..~.?~-~o~' COUNTY OF SUFFOLK, STAr,-: OF NEW YORK, ~ ss: Stuart C. Dorman ...................................... being duly Sworn, soys thor ...h.~... is Printer ~nd Publisher of ~he SUFFOLK WEEKLY TIMES, a newspoper published ~r~ Creenpozt, in sold countw nnd ~hc[t the notice, o! which the n--axed is a printed copy. h~s been published in the s~id Suffolk Weekly Times once in each week, for ........ .O.B.e...(.]..). .......... weekS successively commencing on the ....~..~..~.t~.'7..~.°.u..~.t.h. ...... doy of .... N.O.~ ~ ..... 19..7..~ Swam *,, ~'"'-~ me this ~/ ~ accordance with the Zoning ~' / .... ! ...... wdinance, Article III, Section ~'~'/~,~-~'.'.~ 19.~.//. )0-35 B for permission to con- truct fence exceeding maximum height. Location of property~ Nassau Point Road, Cutchngue, New York; LOt No. 70, Nassau Point; Map No. 156. 9:20 P.M. (E.S.T.) upon ap- plication of Cornell Construction a-c Frank and Frances Rizzo, 1823 Parkview Avenue, Bronx, 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 dwelling with insufficient side-yard set- back. Location of property: north side Soundview Avenue, Southold, New York, bounded on the north by Long Island Sound; east by Dubin; south by Sound- view Avenue; west by Mulvaney. 9:40 P.M. (E.S.T.) upon ap- plication of Goldsmith Building Construction, Inc., Main Road, Southold, 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 side- yard setback. Location of property: north side Chestnut Road, Southold, New York, bounded on the north by D. Moore; east by H. Metzendorf; south by Chestnut Road; west by J. Fontana. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: November 19, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TN24-2521 NOTA~N._ANCy 1~. DOUGLASS a~r'PUBLiC S,'a~e of New York t I 1 1 I LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amentted Building Zone Ord- inance 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 Thursday, December 2, 1976, on the following appeals: 8:10 P.M. (E.S.T.) upon ap- plication of Lois J. Thorp, 200 Gardiners Bay Estates. East Mar- ion. New York (Irving .L. Price. Jr.. Attorn,ey) for a variance in accordance with the Zoning Ord- inance, Article BI, Section 100-3~ and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: east side West Lane, East Marion, New York, bounded on the north by T. Siculiane; east by Daly: south by Dixon; west by West Lane. 8:20 P.M. (E.S.T.) upon ap- plication of Letitia Yarusso, 10060 Sound Avenue, Matti/uck, New York for a variance in accordance with the Zoning Ordinance. Art- icle XI, Section 100-118 D & E for permission to repair or replace existing non-conforndng build- ing. Location of property: 1470 Factory Avenue, Mattituck, New York, bounded on the north bv C.R. Courts, Jr.; east by F. Helt:; south by W. Corwin; west by Factory Avenue. 8:30 P.M. (E.S.T.) upon ap- plication of Jonathan C. Browning and wife, Little Neck Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article 11I, Section 100-30 and Bulk Schedule for permission to set off lot with i~sufficient area. Locati.o],..of Ta~lor and S. W. Stepnoski; west by~ittle Neck Road. 8:40 P.M. (E.S.T.) upon ap- plication of Lillian Quails, Main Road, Laurel, New York for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-30 and Bulk Schedule for permission to relocate house on undersized lot. Location of property: Main Road, Laurel, New York, bounded on the north by Main Road; east by M. Sawicki; south by G. McCarthy; west by G. McCarthy. 8:80 P.M. ~,E.S.'L) upon ap- plication of the Board of Educa- tion, Greenport Union Free School District, Front Street, Greenpoff, New York for a var- iance in accordance with the Zoning Ordinance, Article IlL Section 100-31 and Bulk Schedule for permission to set off lot with insufficient area. Location of pro- perty: Front Street, Greenport, New York, bounded on the north by uther land of applicant; east K. Peterson; south by Main R6ad (Route 25)~ west by Kalin, Jer- nick. 9:00 P.M. (E.S.T.) upon plication of Leonard Sr. and wife, 416 Fifth Street, East Northport, New York for a variance in accordance with the Zoning Ordinance, Article |11, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area. Location of property: Hamilton Avenue, Cutchogue, New York; Lots 25 through 28, Ravatone Realty, Filed Map #539. 9:10 P.M. ( plication of Rosemarie C. Burn- side, Nassau Point Road. Cutch- ogue, New York for a variance in accordance with the Zoning Ord- inance, Article IlL Section 100-35 B for permission to construct fence exceeding maximum height. Location of property: Nas- sau Point Road. Cutchogue. New York: Lot #70. Nassau Point; Map #156. 9:20 P.M. (E.S.T.) upon ap- plication of Cornell Construction a/c Frank and Frances Rizzo. 1823 Parkview Avenue. Bronx, New York for a variance in accordance with the Zoning Ord- inance, Article 111. Section 100-30 COUNTY OF SUFFOLK [ ss: SI'ATE OF NEW YORK J 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; ~nd that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .......... / ............................weeks successively, commencing on the "~ ~ day of ..... ~... ~.~;...~....... :z,. .............. i 9..../..C.L Sworn to before me this ........................ day or ..... ...... , ~9../..~. Nota~ Public ETHEL PALLADINa NOTARy PUBLIC. £tcte of New York No 52-462d953 Quo[~ied ir: ]uffo[k Ccu~ly FOlh~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMIENT TOWN CLERK'S O'FFICE $OUTHOLD~ N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Dote for permit to ~ .................. ~__~,t~J....at the premises located at .................................... Map ................... ~¥~.2.... Block ...................... ~ ........ Lot~...~.~ ............... ~. ................ ~ ~- . .... ~s returned herewith and disapproved on the folIowing grounds ............. ~ ............... · ...~...~~...~.~....-..Z~.~..~ ....... ~.~..c~.~..~......~:.¥., ....... ......... ............................................................................ Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,. (We~ ~....~.~.~.~.k~...~.:.,i.~...~:.~...of ..~.!.~....~....~..¢..?.. ................................. Name of Appella,n.t C~ ~ ~e ~ ~'¢/~'/G Street and Number ' ...~:..'~.....~~.~ ......................................................... ~...] ......... .EREBY APPEAL ~0 Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DA ............... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ~) Street and Number Municipality State ( PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) /~ '/..~. ~ ~. ~ :.~. - 1. LOCATION OF THE PROPERTY. ..~.L ..~.~.~.~.~....~ ............. .S.. )...~. ............. Street Use District on Zoning Map ~..~.~.5~.¢......:,:.~./~ ......... ~..s..:.~... /'~ap No. Lot No. section and Paragraph of the Zoning Ordinance by number. D~ not quote thb Or~'.nance) 3.~YPE OF APPEAL Appeal is made herewith for (?) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- 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 ~ppeal 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 (~) A Variance to the Zoning Ordinance is requested for the reason that~ /~7~-~' ~ ~'~-~ (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OFiTHE OR:D~NANCE would ,sary HARDSHIP becouse ~T x~,','~ ~mC 2. The hardship created is UNIQUE and is not shared by {q~ prope~rCi~s al[kef, in the ~,icinity of this property and in this use district because ~'~ ~mmediate 3. The Variance would observe the spirit of the Ordin?nce and WOULD NOT CfHANGE THrE ? CH^a^CT~R O~ TH~ D,~T~,CT because ~C;,0'~ ~n~ O~, ~,,~ /0~s- JUDITH T. BOKE:N TOWN CLERK SOUTHOLD, L. h, N. Y. 11971 November 10, 1976 To: From: Re: to: JTT/bn cc :file Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of Leonard Modelewski Sr.&Wf. for a variance- Appeal No. 2224 I have on file in my office notification by certified mail Herman C. $chroeder, 65-37 Admiral Avenue, Middle Village,N.Y. Edgar N. Gilbert, 39 Knollwood Road, Whippany, New Jersey John C. Seiferth, 114 Roosevelt Street, Garden City, N.Y. 11530 Joseph A. McCormack, Gen Del., Cutchogue, N.Y. 11935 Charles H. Rauch, 62 S. Franklin Avenue, Valley Stream,N.Y. Ruth Wehlau, 87-09 91st Avenue, Woodhaven, N.Y. Judith T. Terry ' Town Clerk 11580 BOARD OF APPEALS, 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: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 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: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 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: Petitioner Post Office Address PROOF OF MAILING OF NOTICE NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~/ ~.z .,"~, ~ -- , being duly sworn, deposes and says that on the ~/~day of ,/-~0 ~ ~ ~ ~'/Y~J ,19 '-~ ~ , 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 TQwn of Southold; that said Notices were mailed at the United States Post Of- rice at ~ ~f~*~~ ;that said Notices were mailed to each of said persons by (ee~f. iad) (registered) m~ril. Notary Public EDWIN S. CLARE NOTARY PUgLIC, 6bate of New York Suffolk County Ns. 52-0645450 Commission Expires March 30, 19~ ( SEE SEC ~0 ~, I~