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HomeMy WebLinkAbout2089 TOWN OF SOUTHOLD, NEW YOILK ACTION OF THE ZO~*~l~*q'G BOAItD OF APPE~S Appeal No. 2089 Dated October 22, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Harry & Lillian Baglivi Nassau Point Road Cutchogue, New York DATE..~Q.~....~,1975 1975 Appellant at a meeting of the Zoning Board of Appeals on November was considered and the action ind/cated 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 ( ) 6, 1975 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a specisl 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 8:30 P.M. (E.S.T.) upon application of Harry & Lillian Baglivi, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 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, Cutchogue, New York. Fee paid $15.00. 2. VARIANCE. By resointlon of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE ~fficulfies or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ail 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 distrlet 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 REVERSE BOARD OF APPEA~ Marjori% McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to alter property line on property located on east side of Wunneweta Road, Cutchogue, New York. The findings of the Board are that applicant wishes to preserve the entrance to his garage which is located on Lot #1 of Minor Subdivision #10 as described on Van Tuyl survey of June 16, 1967, and does not wish to have to do away with 12 feet of his parking area. Applicant has tenta- tive plans to build a house for his daughter on Lot #3. The Board agrees with the reasoning of the applicant but also finds that this Action of the Board of Appeals must be subject to the approval of the Southold Town Planning Board because the minor subdivision was created by the Planning Board. 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, Harry & Lillian Baglivi, Nassau Point Road, Cutchogue, New York be GRANTED permission to alter property line, as applied for, on property located on the east side of Wunneweta Road, Cutchogue, New York, subject to the following conditions: That the line between Lots #3 and ~2 would be moved, under this Action, 12 feet to the west and parallel to the original line, increasing Lot #2 slightly, and decreasing Lot #3 slightly. e That this Action shall be subject to the approval of the Southold Town Planning Board as this minor subdivision was created by the Planning Board. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. Legal Notice Pg. Bayview Road; east by Gazolla & west by Tremblay. 2 - Southold Town Board -of Appeals OLhers; south by Corey Cz:~ek, 8:30 P.M. (E.S.T.) upon application of Harry & Lillian Baglivi, Nassau Point Road, Cutchogue, New York for a variance in accordance w~.th Lhe Zoning Ordinance, Article III, Section 100-31 and ~ulk and Parking Schedule for po×mission to alN~r property iine· Location of property: Lots ~3 and ~2, Minor Subdivision ~10, east side of Wunnewe~a ~oad, Cutchogue, New York. 8:40 P.M. (E.S.T.) upon application 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 accessory building in front yard area. Location of property: South side Corey Creek Road (Pvt. Rd. 14), bounded on the nor{~h by R.O.W.; on the east by W. Gless; south by Corey Creek; west by Dieffenbach. Any person desiring ~o be heard on the above appeals should appear a'h the time and place abeve specified. Dated: October 23, 1975 BY ORDER OF THE SOU~2HOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, October 30, AFFIDAVITS OF PUBLICATION TO THE MAIN ROAD, SOUTHOLD, NEW YORK. 1975, AND FORWARD FIVE (5) SOUTHOLD TOWN BOARD OF APPEALS, Copies mailed to the following on October 23, 1975 Suffolk Weekly Times Long Island Traveler Mattituck Watchman Supervisor Albert M. Martocchia Albert W. Ric~aond Michael F. Colavito Rita Sc~idt & Doris schimatz Harry & Lillian Baglivi Thomas N. Craig LEGAL NOTICE Pursuant to Section 267 of the Tow~ Low and the provisieas of the Amended Buildihg Zone Ordinance of the Town of Southold, New York, public heari~s ~ be held by the Zont~ Beard of A~e~ls, at the Town Office, Main Road, Southold, New York, on November 6, 1975, on the 7:45 P.M. (E.S.T.) upon ap- plicafian of Albort W. Richmond a-c Mabel Richmond, Main Hoad and Simnk Lane, Cutchol~e, New York for a variance in ac- dinance, Article IH, Section 100- 30 and Bulk Schedule for per- mission to divide pr~gerty and set off garage on lot with in- sufficient area. Location of property: south side of Main Road, Cutchogu~, bounded on the north by Main Road; east by west by Skunk Lane: 8:00 P.M. (E.S.T.) upon ap- plicatiea of Rita Schmidi and Doris Schimatz, 1~5~ Bay Ave- nue, East Marian, New York for a variance in accordance with the Zoni~4t Ordinance, Article IH, Section 100-32 C for permission to .maintain existing swimming pool in side yard area. Location of property: East side of Bay Avenue, East Marion, New York, bounded on the north by Schmidi; east bi' Marion Lake; south by Rul~iel'o; west by Bay Avanan. 8:15 P.M. (E.S.T.) upon ap- lQ Derby Street, I~st Williston, N.Y. for a variance in ac* cordance with the Zoning Or- dl,nnce, Article Ili, Sectiea 100- 81 and Bulk, Area and Parkin~ Requlremants for permissiea to ~,roperty line. Location of property: South side Main Ba!rciew Road, Southold, botmded on the north by Main Ba!~iew Road; east by Gazolla & Others; south by west by Tcemltay. r 8:30 P.M. (E.S.T.) upon ap- plicatiea of Harr~ & Ill]inn Baglivi, Nassau Point Road, Cutch~ue, New York for a Sec~ian 100-~1 and Bulk and Parking Schedule ~0r permission to alter property line. Location of property: Lots No. Minor Subdivision No. 10, east side of Wunneweta Road, ~ut- 8:40 P.M. (E.S.T.) upon ap- Birch Hill Road, Locust Vall~7, N.Y. for a vm*iance in ac- ~ for p~rmissian to construct aceessor~ btmdtng in front yard ares. Locatiea of t~op~-ty: South side ~orey Cro~k Read (Pvt. Rd. t4), bounded on the north by R.O.W; an the east by W. Glees; south by ~oroy Creek; west by on the above appeals should appear at the time and place above specified. Doted: October ~3, t975 BY ORDER OF BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ........ .S.t..u.a.~..~..~. ~..D,o. r.m.a.n. .......... being duly Sworn, says that .... h..e. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspuper published at Greenport, in said county; and that the notice:, of which the nnnexed is a printed copy, }ms been published in the said Suffolk Weekly Times once in eech week, for ..... .C}II~..(~L.). ............ weeks successively commencing on lite ...~[~iv.~i¢~:h ........... day of Sworn to before me this . .~../ ...... .......... · ........ ;9. v: ..... ..... ....... z'. 1 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 II1, Section 100-32C for permission to main- tain existing swimming pool in side yard area. Location of pro- petty: East side of Bay Avenue, East Marion, New York, bounded on the north by Schmidt; east by Marion Lake; south by Ruggiero; 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. Section 100-31 and Bulk, Area and Parking Requirements for per- mission to maintain existing utility shed (attached to dwelling) which leaves less thin 15 feet to property line. Location 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- llvi, Nassau Point Road, Cutch- ague, New York for a variance in accordance with the Zoning Ordi- nance, Article IlL 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. fo/a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-32 for permission to construct accessor> - building in front yard area. Loca. t~on of property: South side Core} Creek Road (Pvt. Rd. 14), bound- ed on the north by R.O.W.; on the east by W. Gless; south by Corey Creek; west by Dieffenbach. 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 OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-10/30 COUNTY OF SUFFOLK }, ss: STATE OF NEW YORK ~ Sherley KarT, being duly sworn, says that she is an Editor, of TPiE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ;nd that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......... / ............................. weeks successively, commencing on the ..,~t(, ................................ day of ....~,~.' ........................ , ~9 ...... Sworn to before me this ...... .6 ............. day of ...... ................. , TOWN OF $O~UTHOLD BUILDING DIEPARTMENT TOWN CLERK'S OFFICE SO,UTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ..................................................... 19.. o ~..~:: ....... ~....~. .......................................... ...... ~....~.L~ ........ ~.~....~......~ ~o~ ~e~,, ~o ~ ~~........... ~e ~e~,~e~ ,o~a~e~ o, ...~.~..~ Map..~..~. ~o~~?.~ ~.~ ~,sa~p~o~e~ ~, ~ ;o~;~,~ ~o~.~ ..... ~...~~...~:... .~_~.~....~.....~~.~ ....... v.~~....~.~.~......~ .................. ...~..c..~, ~.~../...~.....!....z...~_~.~.....7,.....~.y... .... ~...~ ....... g.~~::;.~ ....... ~~~.:;.;;::.~,~,.~....~~_ ................ ............................ Building I nspecto~/ TOWN OF $O~JTHOLD, NEW YOP. K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~,z~ D ~ ? DATE ../.~, .~ .. ~..~..~ ..~...~_ .. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)...~.."~'..~...~.~....~..Z../.f..~.~..~.......~...~..~T..~..~.v..!.of .....~./....¢..C~.../.~.f~..~.~..?......~..~...:....4~...(~ ............. Name of AppeUo. nt Street and Number C c, ~-~ z.z o f: u ~ .............. .'Z'. ........... HEREBY APPEAL TO MunicipaJity State BOARD OF APPEALS FROM THE DECISION OF THE BUILDtNG/NSPECTOR ON THE ZON,NG /"~Z'~ ~' '~''''~'' ~ APPLICATION FOR PERMIT NO ..................................... DATED .......... ~ ................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ~. LOCATION OF THE PROPERTY ...~.....~..../~...~'..~....c/Z..Z~./.~.../~........~....~...:.. c.-. ~ ~ ~ o c ~ ~ '~" 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 4. PREVIOUS APPEAL A previous appeaJ ~x~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol 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 (~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ?-o ~¢' c/o (Continue on other side) O O REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ ~ ~ ~ ~ 2 ~'~ ~ 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 CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUN oFJ / ) Sworn to this ......... ~ .............................. OFFI .ERK ALBERTW. RIEHMBND SOUTHOLD, L. I., N. Y. 11971 October 22, 1975 To; From: Re: To: Southold Town Zoning Board of Appeals Judith To Boked, Town Clerk Application of Harry & Lillian Baglivi for variance. I have on file in my office notification by certified mail Ruth B. Horowitz, 11-21 77th Road, Forest Hills, N.Y. 11375 Alexander Charles & Wf., 257 Aspen Street, Floral Park, N.Y. Judith T. Boken, Town Clerk and November 14, 1975 Mr. John Wickham, Chairman Southold Town Planning Board Main Road Southold, N. Y. 11971 Dear Mr. Wickh~uL%: Re: Appeal No. 2089 - Harry & Lillian Baglivi, Nassau Point Road, Cutchogue, N. Y. - Lots #3 and ~2, Minor Subdivision #10. A hearing was held for the above appeal on November 6, 1975. The Board of Appeals GPJ%NTED permission to Harry & Lillian Baglivi to alter property line, as applied for, subject to the following conditions: That the line between Lots %3 and #2 would be moved, under this Action, 12 feet to the west and parallel to the original line, increasing Lot %2 slightly, and decreasing Lot #3 slightly. That this Action shall be subject to the approval of the Southold Town Planning Board as this minor subdivision was created by the Planning Board. The findings of the Board are that applicant wishes to preserve the entrance to his garage which is located on Lot #1 of Minor Subdivision %10 as described on Van Tuyl survey of June 1~, 1967, and does not wish to have to do away with 12 feet of his parking area. Applicant has tentative plans to build a house for his daughter on Lot %3. The Board agrees with the reasoning of the applicant. Yours truly, Marjorie McDermott Secretary November 26~ 1975 Mr. Harry Baglivi Nassau Point Road Cutchogue, New York 11935 Dear Mr. Baglivi: The following action was taken by the Southold Town Planning Board at a regular meeting held November 17, 1975. RESOLVED to approve the action of the Southold Town Board of Appeals dated November 6, 1975 granting permission to Harry and LillianBaglivi to alter property line, as applied for, subject to conditions set by them. Yours truly, Muriel Brush, Secretary Southold Town Planning Board Southold Town Board of Appeals -9- November 6, 1975 PUBLIC HEARING: Appeal No. 2089 - 8:30 P.M. (E.S.T.) upon application of Harry & Lillian Baglivi, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Parking Schedule for permission to alter property line. Location of property: Lots #3 and #2, Minor Subdivision #10, east side of Wunneweta Road, Cutchogue, New York. Fee paid $15.00. /~ ///- THE CHAIRMAN: Is there anyone present here tonight representing Mr. Baglivi? MR. HARRY BAGLIVI: I am here to speak for the application. THE CHAIRFLAN: Before we open the hearing, I have a few questions to ask. The Notice of Disapproval from the Building Inspector states: "will change lot size as approved by Planning Board in Minor Subdivision #10 - a Resubdivision of Map of Nassau Point Properties - needs Planning Board approval as well as Board of Appeals, Article III, Section 100-30 and Bulk Schedule." No matter what action we take on it, you will also have to see the Planning Eoard because they, originally, created this minor subdivision. At the time we set this up for a hearing, I did not understand that this was a minor subdivision. MR. BAGLIVI: I brought a blown-up map of it... this is my house, and here is the garage, and this is a gravel driveway. I bought the property from Matthews. When I bought it the markers were not in... this is Belgium Block. On a recent survey I find that the markers go beyond the garage which would complicate things in the event I want to sell or build. Theoretically, a fence could be thrown up here which would terminate beyond the garage. When I bought, Mr. Matthews said there were four separate building plots. On the recent survey, the new markers were put in and they go beyond the garage. THE CHAIRMAN: What difference does it make? MR. BAGLIVI: This is all Belgium Block... area and it's all gravel; it's heavily tree'd. of the 12 feet until I looked at the new survey. is that this line be moved. this is the parking I was not aware Ail I am asking THE CHAIRMAN: So you can use the Belgium Block? MR. BAGLIVI: Not for that reason but in the even~ ~hat I sold, I would not have to break up the driveway. Southold Town Board of Appeals -10- November 6, 1975 THE CHAIRMAN: You bought a minor subdivision. MR. BAGLIVI: Yes. There were no markers. THE CHAIRMAN: So what we are talking about is altering a lot line that you own. You are using a garage on #169 and you live on #168. Mr. Bagtivi showed the Board a more recent survey. This is my home, this is the garage, and this is the driveway which terminates all the way at the end of the garage. So, I say if I were to sell or build, somebody could put up a'fencestarting here and going across this garage. THE CHAIRMAN: I take it you don't plan to sell this lot. MR. BAGLIVI: My daughter is being married soon and I might build a home for her. THE CHAIRMAN: The Planning Board is involved. Ordinarily, we don't do things backwards like this. HEARING CONT'D: The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Notification by Certified Mail was sent to the following: Ruth B. Horowitz, 11-21 77th Road, Forest Hills, N. Y. and Alexander Charles & Wf, 257 Aspen Street, Floral Park, N. Y. THE CHAIRMAN: We have already discussed the problem. The way Howard Terry explained it to me is that a portion of the lot would be a triangle. It's just so you can get in and out of the garage. MR. BAGLIVI: There is another point. The house sits up on top of the hill and there is no way of putting in a driveway. This is all shrubbed in. You could not bring a car up. I am not trying to sell the lot - and I am not trying to make improvements in the hopes of selling the lot. Southold Town Board of Appeals -11- November 6, 1975 THE CHAIRMAN: If you are going to continue to use this driveway as long as your daughter owns this property , you may be boxing yourself in. MR. BAGLIVI: I would like to have pa~rtial protection. I want to move it 12 feet to terminate at the end of the gravel. THE CHAIRMAN: Is this projection with the swing-line correct? MR. BAGLIVI: No. THE CHAIRMAN: I assume that covers everything you wish to say at this time. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. GEORGE CASE, Nassau Point Civic Association: His proposal seems reasonable but I have a disagreement with Lot #'s 3 and 2 which I know as #168 and #169. I would like to have in mind just how many lots there are, and what area does it cover? MR. BAGLIVI: Originally there were four lots. lot to Mr. Alexander. I now own three lots. I sold one THE CHAIRMAN: This is a minor subdivision created by the Planning Board. MR. FRED HULSE: The Planning Board put those numbers on the lots - 1, 2, 3, 4. (Mr. Case, Mr. Baglivi and the Board discussed the Map). MR. CASE: I was concerned because, not knowing of this Minor Subdivision #10, I thought one of these four lots had been subdivided into Lots 1, 2, 3, and 4. THE CHAIRMAN: Does anyone else wish to speak for or against this application? (There was no response.) Southold Town Board of Appeals -12- November 6, 1975 After investigation and inspection the Board finds that applicant requests permission to alter property line on property located on east side of Wunneweta Road, Cutchogue, New York. The findings of the Board are that applicant wishes to preserve the entrance to his garage which is located on Lot #1 of Minor Subdivision #10 as described on Van Tuyl survey of June 16, 1967, and does not wish to have to do away with 12 feet of his parking area.. Applicant has tentative plans to build a house for his daughter on Lot #3. The Board agrees with the reasoning of the applicant but also finds that this Action of the Board of Appeals must also be subject to the approval of the Southold Town Planning Board because the minor subdivision was created by the Planning Board. 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. On motion by Mr. Gillispie, sec onded by Mr. Bergen, it was RESOLVED, Harry & Lillian Baglivi, Nassau Point Road, Cutchogue, New York be GRANTED permission to alter property line , as applied for, on property located on the east side of Wunneweta Road, Cutchogue, New York, subject to the following conditions: That the line between Lots 93 and #2 would be moved, under this Action, 12 feet to the west and parallel to the original line, increasing Lot #2 slightly, and decreasing Lot #3 slightly. 2. That this Action shall be subject to the approval of the Southold Town Planning Board as this minor sub- division was created by the Planning Board. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. LOT LOT _~70 ./ 'Z4,~ ~$~ SO. FI, 5CALL-: 50'~ I" C VAL~ TL:¥'~ P~ 50Lt