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HomeMy WebLinkAbout2286 TO~VN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2286 Dated May 16, 1977 ACTION OF TITE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Gerassimos Totolos Deep Hole Drive Mattituok, NY 11952 DATE..~9....~.f 1977 Appellant at a meeting of the Zoning Board of Appeals on June 2, 1977 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 ( ) the appeal 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 8:25 P.M. (E.D.S.T.) upon application of Gerassimos Totolos, Deep Hole Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in side yard area. Location of property: New Suffolk Avenue and Deep Hole Drive, Mattituck, New York; Lot .47, Deep Hole Estates. 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 (¢) 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 ( that the previous decisions of tb~~e/tor ( ) be confirmed( ) be reversed. SEE REVERSE ~/ FORM ZB4 ....,-'~"~'" ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to construct accessory building in side yard area, New Suffolk Avenue and Deep Hole Drive, Mattituck, 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, Gerassimos Totolos, Deep Hole Drive, Mattituck, New York, be GRANTED permission to construct accessory structure in side yard area, New Suffolk Avenue and Deep Hole Drive, Mattituck, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. LEGAL NOTICE Notice of Hearings Pursuant to S~ction 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, publichearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, June ~, 1977, on the following appeals: 7:30 P.M. (E.D.S.T.) upon application of Joseph and Luisa Cardia, Main Road, Southold, New York for a variance in accord- ance with the Zoning Ordinance, Article III~ Section 100-32 for permission to construct accessory building in front yard area. Location of property: Northwest side Main Road (Route 25) Arshamomaque,~ New York, bounded on the north by Est. of J. LaColla~ east by Main Road; south by Est. of J. LaColla; west by Est. of J. LaColla. 7:45 P.M. (E.D.S.T.) upon application of John C. and Doris B. Morgan, R. D. 2, Box 143, Flanders, New Jersey for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 31 and Bulk Schedule for permission to construct addition with insufficient side and rear yard setback. Location of property: Halyoke Road, Orient, New York, bounded on the north by Plain Land Realty; east by Berks; south by Halyoke Avenue; west by Meyer. 7:55 P.M. (E.D.S.T.) upon application of David L. Whipple II 420 Oak Drive, Southold, 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 Oak Drive, Southold, New York; Lots 34 through 39, Block D, Map of Reydon Shores. 8:05 P.M. (E.D.S.T.) upon application of Robert Paul~c/o Founders Homes, Inc., Main Road, Southotd, 'New York for a varianc in accordance with the Zoning Ordinance, Article III, Section Legal Notice -2- Hearings: June 2, 1977 100-30 and Bulk 'Schedule for permission to construct addition with insufficient, side-yard setback. Location of property: Right-of-way off South Harbor Road, Southold, New York, bounded on the north by how or formerly R. Freund; east by R. Bayley; south by Peconi~ Bay; west by South Harbor Corporation. 8:15 P.M. ~E.D.S.T.) upon application of Gerassimos Totolos, Deep Hole Drive, Mattituck, New York for a variance in accord- ance with thc Zoning Ordinance, Article III, Section 100-32 for permission construct accessory structure in side ~yard area. Locatioh of property: New Suffolk Avenue and Deep Hole Drive, Mattituck, New York; Lot ~47, Deep Hole Estates. 8:25 P.M. (E.D.S.T.) upon application of Thomas L. Minnigan, 91 Princeton Avenue, Hewtett, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insuffi- cient side-yard setbacks. Location of property: south side South Lane, East Marion, New York, bounded on the north by South Lane; east by Skopek; south by beach and Bay; west by Thorp. 8:35 P.M. (E.D.S.T.) upon application of Herbert O. Cassidy, P.O. Box 198, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article IX, Section 100-90 and Bulk Schedule for permission to construct potatoe grading building on undersized lot. Location of property: west side Cox Lane, Cutchoque, New York, bounded on the north by Grefe~ east by Cox Lane; south by G. Heidtmann and another; west by L. Glover Jr 8:50 P.M. (E.D.S.T.) upon application of Brian's Song, Inc., Main Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (2) for per- mission to construct sign with insufficient setback. Location of property: North side Route 25, Greenport, New York, bounded on the north by New York Telephone Co.; eas~ by New York Tele- phone Co.; south by Main Road; west by Mary Zepkos. Legal Notice -3- Hearings: June 2, 1977 9:00 P.M. (E~D.S.T.) upon application of Marguerite Wasson, Peconic Bay Boulevard, Mattituck, New York (Gary O!sen, Esq.) for a variance in. accordance with the Zoning Ordinance, Article III, Section 100231 and Bulk Schedule for permission to set off lot with exis%i~r~g buildings with insufficient width and area. Location of property: Bray Avenue and Peconic Bay Bouievard, Laurel, New York, bounded on the north by B. Edwards; east by W. Smith; south by Peconic Bay Boulevard; west by Bray Avenue. 9:10 P.M. (E.D.S.T.) upon application of Dikran V. Simidian, Salt Lake Village, Mattituck, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in fron~ yard area. Location of property: Lot 41, Salt Lake Village off Bay Avenue, Mattituck, New York. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: May 19, 1977 BY ORDER OF THE SOUTH.OLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, MAY 26, 1977, AND FORWARD TEN (10) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on May 19, 1977: Joseph and Luisa Cardia John C. and Doris B. Morgan David L. Whipple, III Robert Paul c/o Founders Homes, Inc. Gerassimos Totolos Thomas L. Minnigan Herbert O. Ca'ssidy Brian's Song, Inc. Gary Olsen a/c Marguerite Wasson Dikran V. Simidian LEGAL NOTICE Notice of Hearings Pursuant to Seetion 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, Soufhold, New york on Thursday, June 2, 19T4, on the following appeals: 7:30 P.M. (E.D.S.T.) upon appl/cation of Joseph and Lv/sa Cardia, Main Road, Sonthold, New York for a vsriance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 32 for permission to construct accessory building in front yard area. Location of property: Northwest side Main Road (Route 25), Arshamomaque,New York, bounded on the north by Est. of J. LaColla; east by Main Road; south by Est. of J. LaColla; west by Est. of J. LaColla. 7:45 P.M. (E.D.S.T.) upon application of John C. and Doris B. Morgan, R.D. 2, Box 143, Flanders, New Jersey for a variance in accordance with the Zoning Ordinance,Ar ticleIII, Section 100-30, 31 and Bulk Schedule for permission to construct addition with in- sufficient side and rear yard · setback. Location of property: Halyoke Road, Orient, New York, bounded on the north by Plain Land Realty; east by Berks; south by Halyoke Avenue; west by Meyer. 7:55 P.M. (E.D.S.T.) upon application of David L. Whipple III, 420 Oak Drive, Southold, 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 divide property with insufficient width and area. Location of property: East side Oak Drive, Southold, New York; Lots 34 through 39, Block D, Map of Reydon Shores. 8:05 P.M. (E.D.S.T.) upon application of Robert Paul c-o Founders Homes, Inc., Main Road. Southold. New Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct ad- dition with insufficient, side-yard setback. Location of property: Right-of-way off South HarbOr Road, Southold, New York, bounded on the north by now or formerly R. Freand; east by R. Bayley; south by Peconic Bay; west~A~Y South Harbor Cor- upo. ~'~pli~on of Gerassimos ~, Deep Hole Drive, Matqtuck, New York for a variance in accordance with the Zoning Ordinance, Article III, 5ecllon 100-32 for permission side yard area. Location of property: New Suffolk Avenue and Deep Hole Drive, Mattituck, New York; Lot No. 47, Deep Hole Estates. ~ "~ $:25 P.M. (E.D.S.T.) upon application of Thomas L. Min- nigan, 91 Princeton Avenue, Rewlett, New York for a vadance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side-yard set- backs. Location of property: south side South Lane, East Marion, New York, bounded on the north by South Lane; east by Skopek; south by beach and Bay; west by Thurp. 8:35 P.M. (E.D.S.T.) upon application of Herbert O. Cassidy, P.O. Box 198, Pecoufc, New York for a variance in ac- cordance with the Zoning Or- dinance, Article IX, Section 100- 90 and Bulk Schedule for per- mission to construct potato grading building on undersized lot. Location of property: west side Cox Lane, Cufchogue, New York, bounded on the north by Grefe; east by Cox Lane; south by G. Heidtmann and another; west by L. Glover Jr. 8:50 P.M. (E.D.S.T.) upon application of Brian's Song, Inc., Main Road, Greenport, New curdance with the Zoning Or- dinanee, Article VI, Section 100- 60 C (2) for permission to con- struct sign with insufficient setback. Location of property: North side Route 25, Greenport, New York, bounded on the north by New York Telephone Co.; east by New "~rk Telephone Co.; south by Jn Read; west by Mary ZepKos. 9:00 P.M. (E.D.S.T.) upon application of Marguerite Wasson, Peconic Bay Boulevard, Mattituck, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with existing buildings with in- sufficient width and area. Location of property: Bray Avenue and Peconic Bay Boulevard, Laurel, New York, bounded on the north by B. Ed- wards; east by W. Smith; south ~ and ~hat the notic~, o! which the ann~d is a printed by Peconic Bay Bo~ev~d; w~t by Bray Avenue. ~as ~en published in the s~d Suf~lk W~k~ Times 9:10 P.M. (E.D.S.T.) upon application of Dikran V. oath w~k, tot one (~) Simidian, Salt Lake Village,. Mattituck, New York for a tvely commencin9 on ~e t~n~-sixth variance in accord~ce ~ the ~ Zon~g Ordi~nce, Article III,' ..... ~~,~%~0 .... Section 1~32 for ~siou to . ~ . ~ ........... co~truct acc~so~ b~lding in ' · ........... ~ .......... front yard area. L~ation of :o ~f~e me this........... Vffiage off Bay Avenue, Mat ......... .. 19. ti~ck, New York. on ~e a~ve ap~ls shoed ap~r at the time and place a~ve s~ffied. DaSd: May 19, 1~ NANCY ~. DOIIGLA~S BY ORDER OF NOTARY PU~IC, S:~!e of New Yo~ T~ SOUTHO~ Residin~ in Sulfol]: County TOWN BOA~ OF ~PE~ ~i~ion ['Y OF SUFFOLK, ] : OF NEW YORK, }ss: ~uart C. Do~nan .................. ...... · ....... being duly Sworn, ~at ....h.e.. is Printer and Publisher of the SUFFOLK LY TIMES, a newspaper published ~r[ Greenport, in s~id 1TM26~2719 LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Towr[ I, aw 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 Thursday, Jfine 2, 1977, on the following appeals: 7:30 P.M. (E.D.S.T.) upon ap- plication of Joseph and Luisa Car'dia, Main Road, Southold, New York for a variance in accordance with the Zoning Ordi- nance. Article III, S~ction 100-32 for permission to construct acces- sory buff/ling in front yard area. Location of property: Northwest side' Main Road (Route 2~), Arshamomaque, New York, boun'ded on the north by Est. of J. LaColla; east by Main Road; south by Est. of J. LaColla; west by Est. of J. LaCoIla. 7:45 P.M. (E.D.S.T.) upon ap- plication of John C. and Doris B. Morgan, R. D. 2, Box 143, Flanders, New Jersey for a var- iance in accordance with the Zoning Ordinance, Article III, Section 100-30, 31 and Bulk Schedule for permission to con- struct addition with insufficient side and rear yard setback. Location of property: Halyoke Road, Orient, New York, bounded on the north by Plain Land Realty; east by Berks; south by Halyoke Avenue; west by Meyer. 7:55 P.M. (E.D.S.T.) upon application of David L. Whipple 111,420 Oak Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Art- icle 111, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: East side Oak Drive, Southold, New York; Lots 34 through 39, Block D, Map of Reydon Shores. 8:05 P.M. (E.D.S.T.) upon ap- plication of Robert Paul c/o Founders Homes, Inc., Main Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to construct addi- tion with insufficient side-yard setback. Location of property: Right-of-way off South Harbor Road, Southold, New York, bounded on the north by now or formerly R. Freund; east by R. Bayley; south by Peconic Bay; west by South Harbor Corpora- tion. - 8:15 P.M. (E.D.S.T.) upon ap plication of Gerassimos Totolos Deep Hole Drive, Mattituck, Ne,~ York for a variance in accordano with the Zoning Ordinance, Art- icle II1. Section 100-32 for permis- sion construct accessory structure in side yard area. Location of property: New Suffolk Avenue and Deep Hole Drive, Mattituck. New York; Lot #47, Deep Hole Estates. 8:25 P.M. (E.D.S.T.) upon ap- plication of Thomas L. Minnigan, 91 Princeton Avenue, Hewlett, New York for a variance in accordance with the Zoning Ordi- nance. Article III. Section 100-30 and Bulk Schedule for permission to construct dwelling with insuf- COUNTY OF SUFFOLK f, ss' STATE OF NEW YORK j Sherley KarT, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southo!d, in Suffolk County; and thct the notice of which the annexed is a printed copy, has been published in said Long I,sland Traveler-Watch- man once each week for ............. ~ ......................... weeks successively, commencin§ on the ....oZ.../~..; .............................. ........... ....... ............... Sworn to before me this .....:../. ............. day at ............... N tar3, Pubhe ETHEL PALIJ~DiNO NOTARY PUI~LIC, Slate of New Yo~ No. 52-4628953 Qualified in Suffolk County Commission Expires March 30, J978 FOR3~I NO. 3 TOWN OF SGUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ......... .................. ~.~.~ .................... :.~... ....... PLEASE TAKE NOTICE that your application dated .............. ~.~ ........ /.~ ............. 1~..~.. for permit to construct~..~ ............. at the premises located at .... ¢~.~ ...... ~ ...................... Street Mcp '~'!~'~A' Block ............................................ Lot ..~.X.S.7 ............................. is retu~~ and disapproved on the following grounds ....... ~...~.~...~ .......... ..... ~.~..~.~. ............................................................................................................................ / TOWH OF $OUTHOLD, HEW' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE- ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. c:~a~ ~'~ DATE · · ~ia~?...1~. · ,t.97.~ ..... Name of Appellant Street and Number ............ l~t:l~-t,u¢l~ ................................................................ .ll,Y,. ................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DEClSl0N OF THE BUILDING ~NSPECTOR ON <-- /.g?. -- Z ..7.. APPLICATION FOR PERMIT NO ..................................... DATED ........... ~ ........ ................... WHEREBY THE BUiLDiNG [NSPECTOR DENIED TO ..............~ame~'!Do~ ~''App~lcjant~ .................................... for permit ..... · z~e~.~l~.*.- ~. ~. .................. ~,~i,.. ................... ~,~, ............................ Street bnd iNumDer i~unicipmity 5tate ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~ ,. ....... Use' District 0n Z0n~ng Map 2 PROVISIO~ 6) O[ T~[ ~OMING O~DI~ANC[ APP[AkED (Indicate the Article Section, Sub~ section ~n~ P~mom~he Zonin~ Ordinance by number. Do not quote ~he Ordinanco ) ~: TYPE OF APPEAL Appeal is. made herewith for ~:) A VARIANCE to the Zoning Ordinance 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 prewous appeal (has not) been made with respect to this decision of the Building ~nspector or with respect To this property. ~ Such cDpeaJ was ( ) Fequest for a speciaJ o~ermit  request for a variance and was made n AppeaJ No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~"~'A Variance to the Zoning Ordinance ( ) is requested for the reason that ho~i~e ~0=Id be i= v~ilatioa o£t~e ~g ~ Form ~.B1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sery HARDSHIP because TbA~ zeeA~e~ce A~ ~ecate~ e~ a ~z. ~ta~tAe~ e~ a ~ A~ the ~tm~" ~c~ ~rd As ~ viola~on ~ume At A8~ ~X~y caX~ a IAde yard, 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 ~ The e4her reeAdeecee are not lecated oe coruero, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ThAa duelling Aa cenpXetely ~ landscaped , ~aaced An, ami dX! be out o~ property, STATE OF NEW YORK ) ) COUNTY OF Su££O1.1~ ) SS Sworn to this ............. .1.7i~,.~ ....................... day of ......... :!,~.~' ..................................... ,. 1977 Notary Public JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 May 17, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: Application of Gerassimos Totolos for a variance-Appeal No. 2286 JTT/'bn cc:file I have on file in my office notification by certified mail to: ~~ A%,,~3r~o~an, 200 Winser Drive, Cliffside Park, N.J. 07010 Mrs. Mary Noonen, 198 Flenmore St., East williston, N.Y. 11598 rk 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)/(/~pecial 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: ~ ~ ~/7 /)~] ~-~. 3. That the /! ~ ~/'~'~ .~/~--' ~C:~'L~ property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition. the undersigned will re~_st_t,e folio.wing r~elief: 5. That the provisions of the Southold Town Zoning Co~applicable tj)~tr~[elief 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: ~:~, // /J Petitioner Post Office Address REGISTERED NO. Value Reg Fee $ Handling *Charge $ Po~tage FROM TO REGISTERED NO. Value $ ecg ~ee $ Handling Charge Po~tage $ POSTMASTER (By) FROM PROOF OF MAILING OF NOTICE NGO 6 , OFFICE STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Dav±d wells , residingat Shore Acres Mattltu~]c: N_¥_ , being duly sworn, deposes and says that on the 17tb. day of May ,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, N.Y, ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 17th day of M,:~y ,19 ~ ~' Notary Public ~ARA$,,_.~/I~fO$ 7"~ 7-0L 0,.._~ AT 27 tO 1~7c~ £ L ~[ 3ol 57.9 A(C) 29 20 6 ? 9 9 tO zo '~ 52 5 A id) 54 A TOWN OF SOUTH3LD OFFICIAL ' Io75