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HomeMy WebLinkAbout2088 TOWN OF SOU~HOLD, I~EW YO~K ACTION OF THE ZO~G BOAI~D OF A~PEALS Appem No. 2088 ACTION OF TH~ZONING BOARD OFA/~pE;J. S OFTHETOVfNOFSOUTHOLD To Michael F. Colavito 198 Derby Street East Williston, N. Y. DATE...~Q~_..~, 1975 Dated October 20, 1975 Appellant at a meeting of the Zoning Board of Appeals on November 6, 1975 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 E~CEPTION. By ~solution of the Board ~ was d~ermined that a special exception ( ) be gra~ed ( ) be de.ed pursuant ~ Article .................... ~ction .................... Subse~ion .................... paragraph .................... of the Zoning Ordinance an~ the decision of the Building I~pectar ( ) be reversed ( ) be confirmed becau~ 8:15 P.M. (E.S.T.) upon application of Michael F. Colavito, 198 Derby Street, East Williston, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule, and Area and Parking Requirements, for permission to maintain existing utility shed (attached to dwelling) which leaves less than 15 feet to property line. Location of property: South side Main Bayview Road, Southold, bounded on the north by Main Bayview Road; east by Gazolla & Others; south by Corey Creek; west by Tremblay. 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) 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 (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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ) be denied and AppROVED ~m~ ~0mu -' '~-~ Marjor~ McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to maintain existing utility shed (attached to dwelling) located on the south side of Main Bayview Road, Southold, N. Y. The findings of the Board are that applicant's difficulty was the result of an honest mistake, and that just a corner of the utility shed encroaches on the side yard. The Board feels that the granting of this variance will not have an adverse affect as far as density is concerned. 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, Michael F. Colavito, 198 Derby Street, East Williston, N. Y. be GRANTED permission to maintain existing utility shed (attached to dwelling) and located on the south side of Main Bayview Road, as applied for, subject to approval of the Suffolk County Planning Commission. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. LEGAL NOTICE Notise of Hearings Pursuant to Section 261 of the Town Law and the pro'visions of the ~_~ended Building Zone Ordinance of the Town of Southold, New ~ork~ public hearings will be held by the Zoning Board of Appeals ~ at the Town office, Hain Road~ Southold~ New York, on November 6, 1975~ on the following appeals: 7:46 P.M. {E~S~T~) upon application of Albert N~ Richmond a/c Mabel Ris~nend~ Hain Road and Skunk Lane, Cutchogue~ New York fez a variance in accordance with the Zon{ng Ordinance, Article I!I~ ~ection t00~30 and 8uik Schedule for perlission ho divide prepert~ and set off garage on lot with insufficient area~ Location of property~ south side of Main Road, Cutchogue~ bounded on the north by Main Road; east by Soha~Iann; south by Doroski; west b~ Skunk Zane~ 8~00 P.M. (E~S.To) upon application of Rite ScbsP~idt and Doris Schimatz, _sSa Bay Avenue,a~s~ ~ MarLon~ New York for a variance ina~coroance~ ' with the Zoning Ordinance, Article iii, Section 100-32 C for permission to maintain existing swim,ling pool in side yard area. Location of property: East side of say Avenue~ East Marzon~ New York, bounded on ~ north by Sc.o~n~d~; east ~ .... Herren m~ ...., south by Ruggzero; wes~ by Bay Avenue. 8:15 D ~ (.~.S.~.) upon application oz Mzchaei 198 Derby Street, East Will~ston, N. Y. ~or a variance in accord- anco w_~n ~.e Zoning Ordinance, Article mzI, Section 100-31 and Bull<, Area and ParkiNg ' ~ :-~m n' Re~m ..... e.~s for pe~,ission to maintain exis'eing.utiiity' s~ed~ {atta~hed~ to dwelling) which leaves less than i5 zeee to property line. Loc~e~o~_~' ~ n o~ Main Bayview Road, Southo!d} bounded on the north by Main Legal Notice P~ 2 Southo!d Town Board .-of Appcals Bayview Road; east by Gazo!l_a & Others; south by Corey Creek; west by Tremb!ay. 8:30 P.M. {E.SoTo) upon application ef Harry & Lillian ~aglivi~ Nassau Point Read, Cutchogee, New York for ~ variance in accordance with the Zoning Ordinance~ 100-31 and Bulk and Parking Schedule for property line. Location of Minor Subdivision %10, easL New York° Article tii, Section permission to alter property: Lots ~3 and 02, side of Wunneweta Rosd~ Cutchogue~ 8:40 P.Mo (E~S.T-) upon ap'oilcat~on of Thomas No Czaia, ~ae~ Locust Valley, No Y~ sot ~ variance in I00-32 for permission to conshr~ct accessory building in front yard area~ Location of property: South side Core~ Creek Road (Pvt. Rdo 14) ~ bounded on the north bv R~O~Wo} sn the ease by W. Giess; south by Corny Creek~ wes% by Dieffenhacb. Any oerson desiring to be heard on the above appeals should appear at the time and place above specified= Dated: October 23, 1975 BY OF~DER OF THE 80UTHCLD oOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, October 30, A~PiDAViTS OP PGBL!CATtON TO THE ~liN ROAD~ SOUTHOLD~ NEW YORK. 1975~ AND FORWAP~ P!VE {5) SOUTHOLD TOWN BOARD OF APPEALS~ Copies mailed re the fc!!cwing on October 23, ~975 Suffolk Weekly Times Long Island Travelez Mattituck Watohlan Supervisor Albert M. Martocchia Albert W. Ricb_~.ond Michael P. Colavito Rite Sci~eidt & Doris Schimatz Harry & Liilian Baglivi Thomas N. Craig L~GAL NOTICE: Notice ~ Hearin~ Pursuant to Section ~7 of the Town Law and the l~'ov~ians of the Amended Buildihg Zone Ordinance of the Town of Southold, New York, public hearin~ will be hem by the Zonin~ Board ~f Al~eah, at the Town Of flee, Main Road, Southold, New York, on · November 8, 1975, on the , ?:45 p.~. (E.$.T.) upon ap- plleation ~f Aibe~ W. Richmond a-c Mabel Richmond, Main Hoad and ~ank I,~e, Cutebegue, New York for a variance in ac- 30 and Bulk Schedule for per- mission to divide l~operty and set off. garde ~)n lot with in- sufficient area. Location of property: south side of Main Road, Cotcbe~e, Ix~mded on the north by Main l~d; east by 8:00 P.M. (E.$.T.) upon ap- pticatJan of IUto Schmidt and Doris S~im~t~, 13~ Bay Ave- nue, East Marian, New York for a variance in accei~/ance with the Zeath~ Ordinance, Article III, Section 100-32 C for permission to m side yard area. location of property: East side of Bay Avenue, Fast Marion, New York, bonoded on the north by Schmidt; east by Marian Lake; south by Rugg~ero; west by Fa), Avanue. 8:15 P.M. (li!.$.T.) upon ap- lg0 Derby 8t~-,et, i~-~st Williston, N.Y. for a vm4ance to ac- dinanee, Article III, Section 81 and Bulk, Area and Parking Requi~meats for permi~ina to property line. Location o property: South side Mai~ Bayview Road, Southold i boanded ea the north by Main I Bay~ew I/~ad; east by Gasolla & Others; south by Corey Creek west by Trembtoy. 8:30 P.M. iE.S.T.) upon ap- plieation of Harry & L/nian Baglivi, Nassau Point Road, Cutehogue, New York for a variance to aecerdanee with the Park~g Schedule f~r perndssion to a]tor ~ U~e. Locetiou of p~operty: ~ots No. 5 and ~o. 2, M~or Subdi~sian No. 10, east sMe of Wm~weto Road, Cut- 8:40 P.M. (~.S.T.) upon ap- plication of Thomas N. Craig, 351 Birch Hill Road, Locust Valley, N.Y. for a variance in ac- 32 for permiasio~ to construct accessory buildtn~ in front yard side Corey Creek Road (Pvt. Rd. 14), bounded an the north by R.O,W; on the east by W. Oless; south by Corey Creek; west by Any pemon desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 2~, 1975 BYORDER OF BOARD OF APPEALS COUNTY OF SUFFOLK, ) STATE OF NEW YORK, ~ ss: J Stuart C. Dorman ...................................... being duly Sworn, says that ...h.e... is Printer and Publisher of i~e SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in said county: and that the notice, of which the annexed is gl printed copy. has been published in the said Suffolk Weekly Times once in e~ch week, f~r One (1) weeks successively commencing on t~e ...... Th~3. C~,l;h ......... ... Sworn to before me this . .~.~./ ...... ·~ ~ of . ...... .? ..,. ?.../. ..... ...... .......... y. :.' ....... LEGAL NOTICE 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 November 6, 1975, on the follow- ing appeals: 7:45 P.M. (E.S.T.) upon appli- cation of Albert W. Richmond a/c Mabel Richmond, Main Road and Skunk Lane, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Art- icle II1, Section 100-30 and Bulk Schedule for permission to divide property and set off garage on lot with insufficient area. Location of property: south side of Main Road, Cutchogue, bounded on the north by Main Road; east by Schaumann; south by Doroski; west by Skunk Lane. 8:00 P.M. (E.S.T.) upon appli- cation of Rita Schmidt and Doris Schimatz, 1355 Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32C for permission to main- tain. existing swimming pool in side yard area. Location of pro- party: East side of Bay Avenue, East Marion, New York. bounded on the north by Schmidt; east by Marion Lake; south by Ru~ro; west by Bay Avenue. '8:15 P.M. (E.S.T.) upon appli- [cation of Michael F. Colavito, 198 ]Derby Street, East Williston, N.Y. for a variance in accordance with ]the Zoning Ordinance, Article III, 1Section 100-31 and Bulk, Area and Parking Requirements for per- mission to maintain existing utility shed (attached to dwelling) which leaves less than 15 feet to property line. I.ocation of property: south side Main Bayview Road, South- old, bounded on the north by Main Bayview Road; east by Gazolla ~ Others; south by Corey Creek; 'west by Tremblay. ~ 8:30 P.M. (E.S.T.) upon ap- plication of Harry & Lillian Bag- livi. Nassau Point Road, Cutch- ague, New York for a variance in accordance with the Zoning Ordi- nance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to alter property line. Location of property: Lots ~3 and #2, Minor Subdivision #10, east side of Wunneweta Road, Cutch- ague, New York. 8:40 P.M. (E.S.T.) upon ap- plication of Thomas N. Craig, 351 Birch Hill Road, Locust Valley~ N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessor3 building in front yard area. Loca. t~on of property: South side Core5 Creek Road (Pvt. Rd. 14), bound- ed on the north by R.O.W.; on the east by W. Glass; south by Corey Creek; west by Dieffenbach. COUNTY OF SUFFOLK STATE OF NEW YORK Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published Jn said Long Island Traveler-Watch- man once each week for / ......... z ............................. weeks successively, commencing on the .~f .6.. ..................... day of (~.~..~.~... ............. , jg.~/.,~:. ....... ......... ............. ::;4.. .................. ....... / Sworn to before me this --~ day of ..... ..................... , Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 23, 1975 BY ORDER OFTHE SOUTHOLD TOWN BOARD OF APPEALS 1T-10/30 T~WN OF SOUTMOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ':~ L~S DATE.QC.~O~e~..2R....19?5 TO THE ZONING BOARD OF APPEALS, T_OWN~OF SOUTHOLD, N.Y. - 1, (~e) .~$,.q..~,.~.~...~,:..,.0. g,.~,~.,V..Z..$.~ ................... of .~98 D~r..b~. ~q.~..~..~ ................................ Name of Appellant Street and Number .... ~A8..~...~.$.~,~.~02~, .............................................. ~.~w '%g~'.~...~-~.96 ....... HEREBY APPEAL TO Municipality 5fate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( Name of Applicant for permit of 198 Derbv Street, East ~ilti~.ton, A. Y. 11~9.6 Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..... .~.~/...~.~..~..~%..D.~.~.a.~.~.~..e.`~.~..~...~.~Az~.~.~...~.~..~..q.~.~.~..~:~..~.~.~. .... Street Use District on Zoning Map Map No. Lot No. 2,. PROVISION (S) OF THE ZONING ORDINANCE APPEALED [Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. 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 zL PREVIOUS APPEAL A ~rev~ous appec (has} :(~Vz~ been made ~:EC~,~iY, s~r~ with respect to this property. Such ~ppeal was ( ) request for a special permit (~) request for a variance and was made in Appeal No .... .1...~.3..S.'. ................. Dated ...(~.0..~D:g..~...~.~...~,~.'Z.~. ............................ ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Varian~cec3tp'~ the Zonlng Ordina~f:e *srequest~ forthereasonthat slde yard re~i~ed 1s t5 feet. OorAe~ of utilit~ shed, attached to d~ellzng, extends i~to side yard leaving feet from co~er of ghed to property line (see survey attached.) l%rm ZB1 (Continue on other side). REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because %he shed has been completed and an honest mistake was made in locating it on %he premises. 2. The ha~ship createdis UNIQUE and is notshared by oil properties oli~ in ~e immediate vicinity ofthis property and in this use district because ~Den %he shed was b'~ilt was thought that mere than sufficient side yard remained to meet requirements, consequently this is unique to tls oroper~r. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTEK OF THE DISTRICT because the property is bounded northeri~ by ~ain Bayview ~oad, easterSy by Elizabeth Lane (private road), southerly by Corey's Creek, and westerly by land of ~remblay, The T~emblay parcel consists of approximately three acres, it ±~ not believed that the location of the shed ~ll have any effect upon this adjacent land. (P!e~se refer to attached survey.) STATE OF NEW YORK ) ) COUNTY OF SU~FOL~ ) ss ....................... Signature TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION (owner or authorized agent of owner) ..... /...~..~....~...~.. ......... Q~......u....~ (address of owner dr authorized agent of owner) PLEASE TAKE NOTICE there exists o violation of: Zoning Ordinance Other Applicable Laws, Ordinances or Regulations .................. x~ ....................... at premises hereinafter described in that ...~.~....~..o~.....~ .............. ..~.~...~..:.~.~ .~~ ~.~ ~'?~'~ YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith on or before the The premises to which this ORDER TO REMEDY VIOLATION refers are situated at .............. ..~., . unty af Suffolk, New York. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. Town of Southold Board of Appeals Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans ?!emorial T~ighway Hauppauge, New York 11787 November 13, 1975 Pursuant to the requirements of SectionS.1323 to 1332 Of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determin- ation. A decision of local determination should not be construed as either .an ap~r0val o~ a disapproval. ~pplicant lIunicipal File I!umber 2086 Albert Richmond 2088 ~/Michael Colavito 2090 Thomas W. Craig Very truly yours, Lee E. Koppelman Director of Planning GG!~: fp O TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN DLERK 765-3783 Building Dept. } Planning Bd. 765-2660 Board of Appeals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ....~.O.e,K~...~.~...~p~.~.{I,~/. .........of the town of .....~.O.~.t.~q~..~.x....~..t....~..? (agency involved) hereby 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 Mr. Michael F. Colavito 198 Derby Street East Williston, N. Y. 11596 ............ Special permits ...X~ .... Variances Location of affected land: ....... ~/..~......~...~..~......I~...,~"...~.e.~..R...°..a..d.~...~.°...~..t.~.°..1..~.~.....~..t....~...* ................... within 500 feet of: (check one or more) ............ Town or village boundary line ............ State or county road, parkway or expressway ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public building is situated ~oX... Shoreline - Corey Creek mmentS:The Board finds that an honest mistake was made and that Just a corner of the utility she~ encroaches on the side yard. At the time this lot came into existence ~he perm/tte~ side yar~were 10~ and 15'. The granting of this variance will have no affect as far as density is concerned. The Board agrees with the reasoning of the applicant. (signed) Chairman, Board of Appeals T~tle Date received by Suffolk County Planning Commission ........................................................................ File No ................................. ALB£RT W. RIEHMDND To: From: Re: to: © 0 I'IFFI ,ERK SOUTHOLD, L. I., N. Y. 11971 October 21, 1975 Southold Town Zoning Board of Appeals Judith T. Boken, Town Clerk Application of Michael F. Colavito for a variance. I have on file in my office notification by certified mail Henry J. & Elizabeth A. Tremblay, 23 Marlboro Drive, Huntingtnn,N.Y. Town Clerk 11743 November 14, 1975 ~r. Richael F. Colavitc 19~ Derby Street East Williston, Dear Mr. Colavito: At your hearing held on November 6, 1975, Appeal No. 2088, ~ou were granted permission to maintain existing utility shed (attached to dwelling), located on the south side of Main Bayview Road, as applied for, subject to approval of the Suffolk County Planning Commission. We have received a letter from Gerald G. Newman, Chief Planner of the Suffolk County Planning Cor~nission, stating that the Planning Co~ission considers this to be a matter for local d~r,uina~ion. Yours truly, :mm Marjorie McDermott, Secretary Real Property To~ Service / /