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HomeMy WebLinkAbout2087TOWN OF SOUTHOLD, NEW YORK DATE NO.V~iit]D~.~r ACTION OF TIIE ZONING BOARD OF APPEALS Appeal No. 2087 Dated September 26, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Rita Schmidt & Doris Schimatz 1355 Bay Avenue East Marion, N. Y. Appell~t 6, 1975 at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on yonr ( ) 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 ( ) November 6, 1975 the appeal 1. SPECIAL EXCEPTION. By resointion ~ the Board ~ was determined that a special exception ( ) be ~a~ed ( ) be denied pursua~ to Article .................... Section .................... Subsect~n .................... paragra~ .................... of the Zoning Ordinance Md the decis~n of the Building I~pector ( ) be reversed ( ) be confirmed becau~ 8:00 P.M. (E.S.T.) upon application of Rita Schmidt and Doris Schimatz, 1355 Bay Avenue, East Marion, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, 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 Schmidt; east by Marion Lake; south by Ruggiero; west by Bay Avenue. 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 hardship because practical difficulties SEE REVERSE (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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and SEE REVERSE FORM ZB4 ROVED ZONING BOARD OF APPEALS ~ Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to maintain existing swimming pool in side yard area on the east side of Bay Avenue, East Marion, New York. The findings of the Board are that applicants own two 50 foot lots and adjoining that is the property of R. Schmidt. The Board finds that it would be extremely difficult to locate a swimming pool in the rear yard area because of a steep bank. The Board finds that although an error was made in locating the pool in the side yard, it is actually the most logical place for the pool and is insulated from any other owners by two or more lots to the north. 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, Rita Schmidt and Doris Schimatz, 1355 Bay Avenue, East Marion, New York, be GRANTED permission to maintain existing swimming pool in side yard area, as applied for. Location of property: East side of Bay Avenue, East Marion, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. L~GAL NOTICE Notice of Hearings P~rskanh {Jo Section 267 of the Town Law and the provisions ef the Amended ~uiiding Zone Ordinance ef tnt TOWn Of Southold, New York~ public hearings will be held by the toning ~eard of Appeals ~ a% the Town Office~ Main Road~ Seu%Noidz New York~ en November 6, 1975, on the following appeal_s: 7x45 P ~. (E~S~T~) upon app!ica~i, on of Albert We Richmond a/c Mabel Ricb~x~ond~ }{ain Road and Skunk Lane, Cutchogue~ New hoax for a varl anco An~.~CO~O~~ ~ - ~dan ~ ' ' ' ' "~ ordinance, Article ili, Section I00~-30 and 3uik Schedule for permission to divi~e property and set off garage on lot with insufficient area~ Location of proper%y: south side ef Hain Road~ Cutohogue~ bounded on the north by ~ain Road; east by Schaumann} by Dozoski; west }y Skunk Lane~ 8~00 P~M. (E.S~T.) upon application of Riha ScPmaidt and Doris Schima%z~ 1355 ~ay ~enue, East Marion, New York for a variance in accordance with the Zoning Ordinance, A~ticle ili, Section !00-32 C for permission to mainta{n existing swimsting pool in side yard area. Location of property: East side of ~- ,, East Harion, New York~ bout_etd on ~ ...... ~h by SoN, mid%; east by Marion Lake; south by Ruggiere; west by Bay 8:15 P.M. (E~S.T.) ueen application of Michael Fo Colavite, 198 Derby Street, Ease Wi!iiston~ No Y. for a variance in accord- ance with the Zoning Ordinance, Art%cle !II~ Section 100-31 and Bulk~ Area and Parking Requirements for permission to maintain! existing utility shed (at%ached %o dwelling) which leaves less than 15 feet %o property line. Location of property: South side Main Bayview Road, Sonthoid, bounded on the north by Hain 2 .- ~O~..h~.,O_~_d Town Board .-of Appeals Baiview Road; east by Gazo!!a & Others; south !ay Corey Creek; :,Test by Tremblayo 8:30 P:J%{~ E~SoTo) upon application of Harry & Lillian Baglivi£ Nassa~ Poin~2 Road~ Cutchegue~ New York for a variance :[~ a~ cordance w~'Lh tNe Zoning Ordinance~ Article !i!~ Sec%ion 100---3! ani Bulk a~_d Parking Sd ed'~le for pern?ssion to alter property line. Location of property: Lots ~3 and {2, Minor Subdivision {~10~ east side of Wsnneweta Road~ Cntol,~ogue, New York. 8:40 P~}i~ (E.S~2~) upon application of gnomes N~ Craig, 351 !~irch i[i]_i Road, Locust Valley, No Y~ for a variance accordance with the Zoning Ordinance~ Article II!~ Section i00~-32 for permission to construct accessory building in front yard area° Location ef property: South side Corey Creek Road (Pyro Rd~ !4) ~ bounded on the north by east by W~ Gloss; south loy Corey Creek; west by Dieffenbach~ A~ly perso~ desiring to he heard en the abovea~._~a_.s,~. Dated: October 23~ i975 BY ~8.~.,~R OF ~..~:~ ..... ,~O,~ ~OARD OF APPEALS ....... PGi%EiSH ~NC~, October .................... kO:~N SOARD OF APP~ALa~ ROAD ~ SOUTP~0LD, NEW YORK. Copies :~a~.!ea to r_~e fo.L±ow~ng on October 23, 1975 Suffolk Weekly Times Long island Traveler Mattituck Natcl%aan Supervisor Albert M. ~artocchia A~bert ~. Ric!r~.ond Michael F. Colav~to Rite Sc?:,idt & Doris Schimatz Harry & Liliian Bag!ivi Thomas N. Craig Notice of ltearl Pursuant to Section ~67 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be hdd by the Zoning Board of Appeals, at the Town Office, Main Road, Southold, New York, on November 6, 1975, on the '~nllnwinn anneals: 7:45 P.M. (E.S.T.) upon ap- plication of Albert W. Richmond a-c Mabel Richmond, Main Road and Skunk Lane, Cutchague, New York for a variance in ac- cordance with the Zoning Or- dinance, Article IH, Section 100- 30 and Bulk Schedule for per- mission to divide property and set off garage on lot with in- sufficient area. Location of property: south side of Main Road, Cutchague, bounded on the north by Main Road; east by Scha~ann; so~th by Doroski; west b.y Skank Lane. 8:00 P.M. (E.S.T.) upon ap- plication of Rita Scinnidi and Doris Schimatz, 1355 Bay Ave- hue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article IH, Section 100-32 C for permission to maintain ~a*ing swimmiag pool in side yard area. Location of property: East side of Bay ~.veaue, East Marion, New York, ~oanded on the north by Schmidt; east by Marion Lake; south by Rnggiero; west by Bay Avenue. 8:15 P.M. (E.S.T.) upon ap.. plicatton of Michael F. Coinviin, 196 Derby Street, East Williston, N.Y. for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Scction 100- 81 and Bulk, Area and Parking Requirements for permission to maintain existing utility shed (attached to dwelling) which property line. Lacatibn of property: South side Main Bayview Road, Southold, bounded on the north by Main Bay~iew Road; east by Gasolla & Others; south by Corey Creek; west by Tsemblay. 8:30 P.M. (E.S.T.) upon ap. plicetion of Harry & IAlltan Baglivi, Nassaa Point Road, Cutchogea, New York for a Section 100-31 and Bulk and Parking Schedule f~r permission to alter property line. Location of prope~y: Lots No. 3 and No. 2, Minor Subdivision No. 10, east side of Wanneweta Road, Cut- chngue, New York. 8:40 P.M. (E.S.T.) upon ap. plination of Thomas N. Craig, 351 Birch Hill Road, Locust Valley, N.Y. for a variance in ac- cordance with the Zoning Or- dln~nce, Article IH, ,~.,'~.4iion 100- 32 for permission to construct acces~ry building in front yard area. Location of property: South side Corey Creek Road (Pvt. Rd. 14), bounded on the north by R.O.W; on the east by W. Gless; south by Core~ Creek; west by Dioffeabach. Any pe~on desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 2~, 1975 l~Y ORDER OF COUNTY OF SUFFOLK. ! STATE OF NEW YORK. ~ ss: Stuart C. Dorman ...................................... being duly Sworn. says that . .h.e.... is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county; and that the notice, of which the annexed is (i printed copy. has been published in the said Suffolk Weekly Times once in eoch week, for One (1) weeks successively comm~encil!g on the .... /~lir. ti~kh .......... d ' October-_ .~,.,~ 75 Sworn to before me this .. ~./. ..... day of.. ~?.."~;~""'~.~:~L ..... 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 lI1, 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, Cutehogue, 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~- cation of Rita Schmidt and Doris Sebimatz, 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- perty: 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 than 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 I~ag- livi, 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. 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 tton of property: South side Core5 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 STATE OF NEW YORK Sherley Kotz, being duly sworn, says that she is on 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 o printed copy, has been published in said Long Island Traveler-Watch- man once each week for /' weeks successively, commencing on the ... ~ ;; ..... Sworn to before me this ) day of ....... · .................. TOWN OF $OUTHOLD, NE?/ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ............ .z.....: ........ iXXWe) .~.~ ~..~G~5.T~&&._m. Zof J. 59 .~..~Y...A.~.e.t~.txe' ............... Name of ,~ppellant Street and Number East Marion ........... ,~.~. ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...~.?..p..~.:.....1..6..~.. ~9. Z.5' ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ~i~a £c~-mz~v & ~oris Schima~z Name of Applicant for permit of .... ~ ~.5~... -~ay...Au. ar- ~e .~.., g .... ~4~r. i.o n.~... ~¥. ................................................... Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY X~ private swimming pool in side yard 1: LOCATION OF THE PROPERTY ..~..a..s. zq...~_..~..d..e.....o..~...~.~X....e.~Xig. L~:.a..e. ........................... Street Use District on Zoning Map 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.) ~apter i00, Sec. t00-~2C, Tow.n Ordinance... Town of Southotd ~ 3~ TYPE OF APPEAL Appeal is made herewith for ~ X)- 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 appealS(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 aha 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 Form ZB1 (Continue on other Side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORD]NANCE would produce practice[ difficulties or ugneces- saryHAR~SHIPbeceus'e exzs~zng s~¢im~ing pool oo~str~cteu with a b~zldzn~ 2. The hardship created is UNIQUE and is not shared by oil properties alike in Che immediete vicinity of this property and in this use district boca:use ~-;as looated in its presentso:~ ~i+~o~.~. Sieoe she~e is no otheF d~ai!ing witei~ 125t to t,e Nort ~ ~3he pool ~{ill ~ot direct~v_~ efffeot any ~1~%~ other ~zeishbor.~ 3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT bec*use STATE OF NEW YORK ) /d ;~ o ~¢' ,~:7 /: COUNTY ss .......... ......................... / S~gn~ture S,.om to this ..... A../. ............................ day of ....... ~.~~<.~ ...... ,gyZ~~ FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N. Y. ORDER TO REMEDY VIOLATION ....................... ........................................ -.:....~ ..~.... ,..~?.~.~::...~, .... ~,~.~,' ~, (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance Other Applicable Laws, Ordinances or Regulations ............................................ at premises hereinafter described in that ...~,~..'.~?.~:.:..;~,...~..~.........~.....~.......~... [state character of violation) .~...~ ....... ~..~.~...~ ~...~,.../.~..~ ...... ':;;:;;:::'~:~:'>.';;":'"'"'~':"'~;;':';'";'"'z'""~:'~'~':'i~"~~ ..... (State section or paragraph of applicable law, ordinance regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith on or before the ........ ..~...~ .............................................. day of ........... ~~ ..................... , 19....~..~(~-' s to which this ORDER TO REMEDY VIOLATION refers are situated at ......... ,...~......~.....~....~..~County of 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. ALBERTW. RI~HH{3ND FIFFI T~ .ERK SOIJTHOLD, L. I., N. Y. 11971 October 20, 1975 To: Southold Town Zoning Board of Appeals From: Judith T. Boken, Town Clerk Re: Application of Rita Schmidt & Doris Schimatz, 1355 Bay Avenue, East Marion, N.Y. for a variance. I have on file in my office ~otification by certified ~ail to: Mr. & Mrs. Edward Braun, 4 Salem Lane, Selden, N.Y. Victor Novak, 44-11 30th Avenue, As~ria, N.Y. $c~/~ ..¢o[~ = I tn.