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HomeMy WebLinkAbout204970 tL TO~N OF ~OUTHOLD, NE~V YO~K ACTION OF ~HI~ ZOniNG BOARD OF APPEALS DATE J~y...~-,l~975 Public Hearing:6/12/75 AppeulNo. 2049 Dated May 22, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOW~ OF SOUTHOLD To Mr. Luka Picinic 33-48 29th Street Long Island City, N. Appe~innt at a meeting of the Zoning Board of Appeals on July 3, 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 ( ~ Request for a variance to the Zoning Ordinance ( ) 1975 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 ant% ~he decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:00 P.M. (E.D.S.T.), June 12, 1975, upon application of Luka Picinic, 33-48 29th Street, Long Island City, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to retain foundation with insufficient side yard. Location of property: Beachwood Lane, Southold, N. Y., Map of Southwood, Lot No. 17. 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 REVERSE FORM ZB4 APPROVED _~ ,--.o~-' ZI:'~NING BOARD OF API~I~LS ~ ' C~~~jo~ie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to re~ain foundation with insufficient side yard at Beachwood Lane, Southold, N. Y. The findings of the Board are that at the time this lot was created 10 feet was a minimum side yard. The variance amounts to less than 1% of the lot. At the time the Building Department made a foundation inspection the error in locating the foundation was discovered. The Board has found that based on recent court decisions a denial by this Board would not be upheld in court on appeal. As one of the duties and obligations of the Appeals Board is to make decisions that will stand up in court, the Board feels that this area variance should be granted~ 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 immediete 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, Luka Picinic, 33448 29th Street, Long Island City, New York be GRANTED permission to retain foundation with insufficient side yard, as applied for, at Beachwood Lane, Southold, N. Y., Map of Southwood, Lot No. 17. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. 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 o~ Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on June 12, 1975 on the following appeals: 8:00 P.M. (E.D.S.T.) upon application of Luka Picinlc, 33-48 29th Street, Long Island City, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to retain foundation with insufficient side yard. Location of property: Beachwood Lane, Southold, N. Y., Map of Southwood, Lot No. 17. 8:15 P.M. (E.D.S.T.) upon application of Lefferts P. Edson, Esq. a/c Gerald H. and Jo Ann Osmond, Bayview Avenue and Cedar Beach Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 fo~ permission to construct sw!mming pool in front yard area. Location of property: Bayview Road & Cedar Beach Road, Southotd, Map of Cedar Beach Park - No. 90, Lot Nos. !, 2, 157. 8:25 P.M. (EoD.S.T.) upon application of Richard H. Wheeler, Pine Neck Road, Southold, New York for a variance in accordance with Town Law, Section 280A, for approval of access from public road. Road, Sub.; F. Location of property: Right of way off south end Tuthill Southold, New York, bounded on the north by Yennecott Park east by J. Krukowski; south by F. Moffat Est.; west by Moffat Estate. Legal Notice Page 2 - Zoning Board of Appeals 8:35 P.M. (E.D.S.T.) upon application of Warren Waldvogel, Box 250, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C off-premises "For Sale" sign. Location of property: Middle Road (CR 27), Cutchogue, bounded on the north Road; east by Bridge Lane. (6) F for South side by Middle 8:45 P.M. (E.D.S.T.) upon application of William J. Faulkner Box 355, Fishers Island, 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: North side Winthrop Drive Fishers island, New York, bounded on the north by J. Evans; east by R. Wadlington; south by Winthrop Drive; west by M. Whitener. 9:00 P.M. (E.D.SoT.) upon application of Mary M. Wheeler, Executrix, Estate of Florence Moffat, Boisseau Avenue, Southold, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30, Subsection B-1 for permission to reinstate two family use of premises. Location of property: F. Moffat Estate, Boisseau Avenue, Southold, bounded on the north by M~ Krukowski; east by W. Moffat, Jr.; south by C. Saltus; west by Boisseau Avenue. 9:10 P.M. (E.D.S.To) upon application of Stephen Rutkowski, Seawood Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article iii, Section 100-30 and Bulk Schedule for permission to construct addition which will reduce front yard setback. Location of property: Seawood Drive, Southold, New York, Map of Seawood Acres, Block I, Lot No. 32. Legal Notice Page 3 Zoning Board of Appeals 9:20 P.M. (E.D.S.T.) upon application of Greenport Yacht Club, Inc., foot of Fifth Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B-6 for permission to maintain floating barge for private membership club. Location of property: Sixth Street, Greenport, New York, bounded on the north by W. Brawn & A. Scott & Village Line; on the east by Village Line; on the south by Peconic Bay; west by Peconic Bay. 9:30 P.M. (E.D.S.T.) upon application of Hugh C. Newman, Minnehaha Blvd., Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building Location of property: Minnehaha Boulevard, Laughing Waters, Map No. 917. in front yard area. Southold, Map of Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: May 29, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JUNE 5, 1975 AND FORWARD NINE (9) OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, SOUTHOLD, NEW YORK. AFFIDAVITS MAiN ROAD, Copies mailed to the following on May 29, 1975: The Suffolk Weekly Times New London DAY The Long Island Traveler-Mattituck Watchman Supervisor Albert M. Martocchia Luka Picinic Lefferts P. Edson, Esq. a/c Gerald H. & Jo Ann Osmond Richard H. Wheeler Warren Waldvogel William J. Faulkner Mary M. Wheeler Stephen Rutkowski Greenport Yacht Club Greenport Village Hugh C. Newman ~r..J5 LOCAL LEGALS 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 Southuld, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, southeld, New York, on Jane 12, 1975 on the following appeals: 8:00 P.M. (E.D.S.T.) up~on applieatian of Lelm Pieinie, 3048 ~th Streat, Long Ishmd City, N.Y. for a variance in eordance with thc Zoning Or- dinance, Article III, section 100- ~0 and Bulk sebedule for per- mission to retain foandation with~ insufficient ~ide y~l. Lecation of property: Bcachwood Lane, Sonthold, N.Y., Map of South- wood, Lot No. 17. 8:15 P.M. (E.D.S.~ application of I~fert~ P. Edson, E~I. a-e Gerald It. ~nd Jo Aan Osmond, l~riew' Aveaan and Cedar B~eh Road, soulhold, New York for a variance in ac* cordance with the Zoning 'Or- dinance, Article iii, Section 32 for permission to construct swimming poul in front yard area. Location of property: Bayview Road & Cedar Beach Road, southold, Map of Cedar Beach Park--No. 90, Lot Nos. 1, 2, 157. 8:25 P.M. (E.D.S.T.) upon application of Richard H. Wheeler, Pine Neck Road, Southuld, New York for a variance in accord~ace with Town Law, Section 300A, for approval of access from public road. Location of property: Right of way off south end Tuthill Road, Southeld, New York, beanded on the north by Yeanecott Park Sub.; east by J. Krukowski; south by F. Moffat Est.; west by F. Moffat Estate. 8:35 P.M. (E.D.S.T.) upon application of Warren Waldvogel, Box 250, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (0) F for off- premises "For Sale" sign. Location of property: South side Middle Road (CR 27), Cutchogue, beanded on the north by Middle Road; east by Bridge Lane. 8:45 P.M. (E.D.S.T.) upon application of William J. Faulkner, Box 355, Fishers Island, New York for a variance :h 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: North side Winthrop Drive, Fishers Island, New York, bounded on the north by J. Evans; east by R. Wadlington; south by Winthrop Drive; west by M. Whitener. 9:00 P.M. (E.D.S.T.) upon application of Mary M. Wheeler, Executrix, Estate of Florence Moffat, Boisseau Avenue, Southeld, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30, Subsection B-1 for permission to reinstate two family use of promises. Location of property: F. Moffat Estate, Boisseau Avenue, Southold, boanded on the north by M. Krukowski; east by W. Moffat, Jr.; south by C. Sultus; west by Boissea.u Avenue. 9:10 P.M. (E.D.S.T.) upon application of Stephen Rutkowski, Seawood Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-30 and Bulk Schedule for permission to construct ad- dition which will roduee front yard setback. Location of property: Seawond Drive, southeld, New York, Map of soawond Acres, Block I, Lot No. 32. 9:20 P.M. (E.D.S.T.) upon application of Greenport Yacht Club, Inc., foot of Fifth Street, Grcenport, New York for a special exception in accordance with thc Zoning Ordinance, Article III, Section 100-30 B-6 for permission to maintain floating barge for private membership club. Location of property: Sixth StreaL Grecnport, New York beanded on the north by W. Brawn & A. Scott & Village Line; on the east by Village Line; on the south by Peconic Bay; west by Peconic Bay. 9:30 P.M. (E.D.S.T.) upon application of Hugh C. Newman, Minnehaha Blvd., Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, section 32 for permission to construct accessory building in front yard area. Location of property: Minnehaha Boulevard, southeld, Map of Laughing Waters, Map NO. 917. Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: May 29, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-J5 ~rt ~ ~,. Dorman being duly Sworn, is Printer and Publisher of the SUFFOLK , a newspaper published ~xt Greenport, in said the notice, of which the annexed is a printed ublished in the said Suffolk Weekly Times k, for One (1) weeks Fifth nen¢ing on ~e .......................... ...... Iqo. 52-451}672 Qualified in SuifoJk Ce. unty Cemmission Expires March 30, 1977 LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Low and the provisions of the Amended Building Zone Ordinance of the Town of South- old, New York, public heatings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Offihe, Main Road, Southold, New York, on June 12, 1975 on the follow- ing appeals: 8:00 P.M. (E.D.S.T.) application of Luka Picinic 29th Street, Long Island City, Y. for a variance in with the Zoning Ordinance, ticle IlL Section 100-30 and Schedule for foundation with insufficient yard. Location of property: Beachwood Lane, Southold, lq. y., ,Map of Southwood, Lot No 17. 8:18 P.M. (E.D.S.T.) upon application of Lefferts P. Edson, Esq. a/c Gerald H. and 3o Ann Osmond, Bayview Avenue and Cedar Beach Road, Southold, New York for a variance in accordance with the Zoning Or- dinance, Article IlL Section 100- 32 for permission to construct swimming pool in front yard area. Location of property: Bay- view Road & Cedar Beach Road, Southold, Map of Cedar Beach Park -- No. 90, Lot Nos. 1, 2, 187. 8:28 P.M. (E.D.S.T.) upon application of Richard H. Wheel- er. Pine Neck Road, Southold, New York for a variance in accordance with Town Law, Sec- tion 280A, for approval of access from public road, Location of property: Right of way off south end Tuthill Road, Southold, New York, bounded on the north by Yennecott Park Sub.; east by J. Krukowski; south by F. Moffat Est.; west by F. Moffat Estate. 8:38 P.M. (E.D.S.T.) upon application of Warren Waldvo- gel, Box 2S0, Mattituck, New York for a variance in accord- ance with the Zoning Ordinance, Article IlL Section 100-30 C (6) F for off-premises "For' Sale" sign. Location of property: South side Middle Road (CR 27), Cutchogue, bounded on the north by Middle Road; east by Bridge Lane. 8:45 P.M. (E.D.S.T.) upon application of William J. Faulk- ncr, Box 355, Fishers Island, New York for a variance in accordance with the Zoning Or- dinance, Article II1, Section 100- 30 and Bulk Schedule for per- COUNTY OF SUFFOLK t, ss: STATE OF NEW YORK Sherley KarT, being duly sworn, says that she is art Editor, of THE LONG ISLAND TRAVELER - MA'I-rlTUCK 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 in said Long Island Zraveler-Mattituck Watchman once each week for ................................................................ weeks successively, commencing on the ........................................ day of ......................................... 19 ......... ........ ::.....:::...:.... L..:....: ...... /.. ............ ~ .......... L: ............ Sworn to before me this ........................ day of Notary Publtc TOWN OF SOUTI~OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF $OUTHOLD~ N: Y :: ; :' :' 1, (We)...~.~..~.,~.~. ................................. of .............. ~3L-.~.,8,...T~:,,-~.,2.9.,$.,~..;;..i;.....; ................ Name of Appella,nt Street and Number ........... ..~....~.....~..~.~. ............ ~..1..1...0..~. ........................................ ~.'.Z.'. ................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO.....7.~.1.~, ..................... DATED ...... .............. ~VHEREBY THE BUILDING INSPECTOR DENIED TO ) ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Foundation installed with ins~z~fieient side yard clearance l. LOCATION.OF THE PROPERTY .B..~,ac.h.$,~:o.o,.d, .~a~e ' i'A" dist Street Use District on Zoning Map So wood ' i2 So t'Aolct Mop 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 ,-Il section 100-30 & Bulk Schedule 3. TYPE OF APPEAL Appeal is mode herewith for (~) A VARIANCE to the Zoning Ordinonce 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 ~ (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 (:Z,) A Variance to the Zoning Ordinance ( ) is requested for the reason that~ Fo'~mdation ~,¢as installed with less than JOft mi~im~ side yard clearance from property line~ Four_datio~ --~s not parallel to property line. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE wouJd produce practical difficulties or unneces- sary HARbSHIP because wo~bi~ Be very costly~ 2. The hardship created is UNIQUE and is not shared by al~ properties aJJke in the immediate vicinity of this property and in this Use district beta:use ~his is the o~ly property o~ which the oo~_tr~otor made this error res~lti~g i~ imsufficient sideyard~ 3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because B~il~img lotatiom conforms to the 0rdina~ee ~ ~ respects except for i~suffi¢ier~ s~ey~rd~ STATE OF NEW YORK ) ss COUNTY OF ) Sworn to this .¢~,..~,~, ................................. day of...~,.~... .............................. : ]9 .,;~%.~"' eo~.Jxtgta ry Public FOI~I NO. 3 TOWN OF SOUTHOLD BUILDING ~EPART/vlE,NT TOWN CLERK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL F~e No .................................................................. Dote .................... ~...~ ...... -re ..... .~.../~."..~ ....... ~.~...-........Y..t.. ............. ~z~' ................... ...... ............. ......... PLEASE TAKE NOTIC,.~. that your application doted ............. ~f;~......L..~.. .......... 19.~...~.. for permi, to construct ...~'.~..'t~...f~ ............... at the premises located at ..~ ................................................. ~tree~ -9_.~'--:~_. ~a~ ~.~ ....... Blec~ ............................................ ~at ..... !..~ .................................... ' disapproved on the following grounds ..,.~.",--~......~.....~t-~....~ ..~....~...~..z.~..~.....~...4..~..~.: ......... ~...~....~ Building Inspector ! Suffolk~unty Department o~ Planning Lee De~,~/lson Executive Off,ce Buildin~' Veterans ~lemorlal Highway Hauppau§e~ 1!~.~ ~ork 11~$? June 4, 1975 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have beefi 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 approval or a disapproval. Applicant Luke Picinic l~nicipal File I~]umber 2049 Very truly yours, Lee E. Koppelman Director of Planning by Lt'ill:r FLANNb~, GG~hfp TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. Planning Bd. Board of Appeal. Pursuant to the General Municipal Low, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ...~...o..a..~..~....o..~......~..~..?..~..1...~. ........... of the town of ....~..O...~..~....~...~...~..~....N.......~..... (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 Luke Picinic 33-48 29th Street Long Island City, N. Y. ............ Special permits ... X..X..... Variances Location of affected land: .~eaohw~o~..Lan~.,...S~uthold.,...N.....~......-...Ma~..o£..So~th~eoo~, within 500 feet of: (check one or more) Lot No. 17. ............ 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 ...... Shoreline ............ State or county owned parcel on which a public building is situated Comments: The Board of Appeals re¢~/ests, if possible, that you eend us your reeo~endations before the hearing on this appeal %2049. The hearing will heheld June 12, 1975. The foundation has already been installed, and there°n is less than a 10 foot side yard. (si~ned.) Robert W. G1111spie, Jr. Chairman Title Date received by' Suffolk County Planning Commission ........................................................................ File No ................................. June 25, 1975 Mr. Luka Picinic 33-48 29th Street Long island C~ty, N.Y. 11100 Dear Mr. Pici~ic: A hearing was held on your Appeal No. 2049 at 8=00 P.M., June~ 12th, 1975. The~Southold Town Board of Appeals resolved to reserve decision on your appeal until 7:30 P.M., July 3, 1975. You will reoeive a copy of the Action of ~e Board of Appeals when the July 3rd minutes are approved. Yours truly, :mm Marjorie McDermott, Secretary . ~ ,, .- X~.. ~.-x.4,. 't~.,~, -'1 ~'~':~ ':' ~"~ .~' ..-~ ~ ~ ....... ,. ~ , ~, ~ ~ x ~'x~. /~,. ~ , ' .~~~!Z,,I ,' -~- ,,- ~.. . ~~~~,~' ~ , ~~ ~:"~ ,- ..... k,,~,,~ ......... ~~~ ~ ~ XX ,.1', : ~.., '~~,,~~ :~ ~ ~1, .... '~':..j .... ,...,~ ~.. ~ ~~~.:~r '~~~,, ....... ~ ...................... 0 ........... ~' - " - '~ ~ Real Property Tax Service Agenc~ ~ 0~0 J~ I II © ¥¥ U :-$1 A~JH ~rECT~ o~ J o? 4