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Home My WebLink About1865 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1865 Dated December 10, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Donald & Nancy Arcuri 60 East 4th Street Patchogue, N. Y. 11772 DATE ..January 10, 1974 1973 Appellant at a meeting of the Zoning Board of Appeals on January 10, 1974 was considered and the action indicated below was taken on your ( ) Bequest 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 co~irmed because 7:45 P.M. (E.D.S.T.),upon application of Donald & Nancy Arcuri, 60 East 4th Street, Patchogue, N. Y., for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback and rear yard. Location of property: South side Lighthouse Road & Long Island Sound; east by G. & D. Anderson; sQuth by G. & D. Anderson; west by Lighthouse Road. 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 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 (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. Rs . Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to construct dwelling with insufficient setback and rear yard on the south side of Lighthouse Road, Southold. The findings of the Board are that applicant has a hardship because of the topography of the land. The Board agrees with the reasoning of the applicant. The applicant has received Department of En- vironmental Conservation approval. 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, Donald and Nancy Arcuri, 60 East 4th Street, Patchogue, New York, be GRANTED permission to construct dwelling with insufficient setback and rear yard on the south side of Lighthouse Road and Long Island Sound, Southold, subject to the following condition: That applicant make provisions so that it will be possible to turn a car around on his driveway before going out on to Light House Road (subject to the approval of the Building Department). Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. No'ice of 'Hearings Pursuant to Section 267 of the Town Law and the provisions -' of the Amended Building Zone Ordinance of the Town of Southold, · Suffolk County~ New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New ~ork, on January 10, 1974 on the following .appeals: 7:30 P.M. (E.S.T.) , upon application of Eugene and Sally Martens, 161 Rockaway Avenue, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305 - Section 100-35 for permlssion to erect and maintain stockade fence of excessive height. Location of property: S/S Bay Avenue (Skunk Lane) and bounded north by i! Bay Avenue (Skunk Lane; east by Town of Southold & Cutchogue/ New Suffolk Park District; south by Broadwaters Cove; west by A. Petrucci. 7:45 P.M. (E.S.T.), upon application of Donald and Nancy A~curi, 60 East 4th-Street, Patchogue, New York, for a variance· !t , .: o the Zoning Ordinance Article III.- Section 100-30 and Bulk ~ Schedule for permission to construct dwelling with insufficient !I setback and rear yard. Location of property: South side Lighthouse Road @ Long Island Sound; bounded on the north by Long Island Sound; east by G. & D. ~uderson~ south by G. & D. Anderson; west by Lighthouse Road. 8:00 P.M. (E.S.T.), upon application of Gerard Goehr~nger, Sigsbee Road, Mattituck, Ne~ ~ork, for'a variance in accordance with the'Zoning Ordinance~ ~_rticle III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient frontage'!and area. Location of property: Sig~bee Road, Map of Mattit~ck Park Prop., Lots 46 and 47~ Mattituck~'New York. ~_ny person desiring to be heard on the above appeals should appear at the time and place above specified. , 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF ~_PPEALS ~ ~ iLegal ~Pg. 2 Notice PLEASE PUBLISH ONCE January~ 3~ 1974; and FORWARD FOUR AFFIDAVITS iOP PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ ~iN ROADt i!SOUTHOLD, NEW YORK. Copies mailed to the following on December 27, 1973: The Long Island Traveler-Mattituck Watcb~an The Suffolk Weekly Times Supervisor Albert Martoc-chia Eugene & Sally Martens Donald & Nancy Arcuri William J. Clark a/c Gerard Goehringer 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 South- old, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York, on January I0, 1974 on the following appeals: 7;30 P. M. (EST), upon appli- cation of Eugene and Sally Mar- tens, 161 Rockaway Avenue, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 30~ection 100-35 roi' permission to erect and main- rain stockade fence of excessive height. Location of property: S/S Bay Avenue (Skunk Lane) and bounded north by Bay Ave- hUe (Skunk I~ne); east by Town of Southold & Cutchogue/ New Suffolk Park District; south by Broadwaters C~ A. Petrucci. 7:45 P. M. (EST), upon appli- cation of Donald and Nanc~ Arcurl, 60 Ea~t 4th Street, Pat- chogue, New York, for a vaci- :ance to the Zoning Ordinance I Article III, Section 100-g0 Bulk Schedule for permi~sien construct dwelling with insuf- ficient ~etback and rear yard. Location of property: South side Lighthouse Road & Long Islani Sound; bounded on the north b Long Island Sound; east b.v C .& D. Anderson; south by~G~ & Anderson; ~west by Lighthou~ Road. g:00 P. M. (EST), upon appli- cation of Gerard Goehringer, Slgshee Road, Mattituck, ~N'ew York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permissiou to divide property with insufficient frontage and area. Location property: Sigsbee Road, Map of Mattituck Park Prop., Lots 46 and 47, Mattituck, New York. Any person desiring to he heard on the above appesls should appear at the time and place above specified. Dated: December 26, 1973 BY ORDER O1~ THE SOUTHOLD TOWN BOARD O1~ APPEAI2S COUNTY OF SUFFOLK ) STATE OF NEW YORKf ss: C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MAlq'ITUCK WATCHMAN, a public news- paper 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 Troveler-Mattituck Watch- man once each week for ..... ~.~..%f.~./.../../..?... week,~ successively, commencing on the ............. ' .~...,~.(. ............... doy of ........ .~C'Z.'~.'(~-,...'; ........ ,J ~,g,/..m.~...~. , /,,x /.. '"-? . ........ :'... ........ ........... Sworn to before me this ......... /..~. ......... day of .... ~:.~Z,~f-..~ ............ 19.:~... ........... ....... ............. Notary Public / NOTICE OF HEARINGS arsuant to Section 267 of the Town Law and the provisinns of the Amended Building Zone Ordinance of the Town of Santhold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Seuthold, at the Town Office, Main Road, Southold, New York, on January 10, 1974 on the following appeals: 7:30 P.M. (E.S.T.), upon ap- plication of Eugene and Sally Martens, 161 Rockaway Avenue, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305 - Section 100-35 for permission to erect and maintain stockade fence of excessive height. Location of property: Bay Avenue (Skunk Lane) and bounded north by Bay Avenue (Skunk Lane): east by Town of Southold & Cutchogue-New Suffolk Park District; south by Broadwaters Cove; west by A. Petrucci. ap~- ~7:45 P.M. (E.S.T.), upon plication of Donald and Nancy Arcuri, 60 East 4th Street, Pat-~ chogue, New York, for a variance] to the Zoning Ordinance, Article! III, Section 100-30 and Bulk Schedule for permission to construct dwelling with in- sufficient setback and rear yard. Location of property: South side Lighthouse Road & Long Island Seand; bounded on the north by Long Island Seund; east by G. & D. Anderson; south by G. & D. Anderson; west ~ Road. 8:00 P.M. (E.S.T.), upon ap- plication of Gerard Geohringer, Sigsbee Road, Mattituck, 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 frontage and area. Location of property: Sigsbee Road, Map of Mattituck Park Prop., Lots 46 and 47, Mattituck, New York. Any person desiring to be heard on the above appeals should appear at the 'time and place above specified. Dated: December 26, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS APPEAL FROM DECISION OF BUILDING INSPECTOR DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ;~g.~.~k.~...~...g.~.~.~/,.a~..q..u.~C.~ ............. of .....9.Q...,.N4.~....~'p..u...r..~%q..~.%,~. .............................. Name of AppeJ!anrt Street and Number ........ ................................................................. 3.:.?. ............... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INS,~CTO.~ ON APPL,CAT,ON FOR ER ,T NO .................................. DATED ................. WHEREBY THE BUiLDiNG iNSPECTOR DENIED TO (~ ( ) ( ) Name of Applicant for permit of Street and Numoer Municipality State PERMIT TO USE one ±'~z±~ czwe.L±Zn~ PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ....... .~..~..~.~_,o.,.~...~..e,...~..o,.~..d,.. .................... ~.o.:~..~..o..$.,ct.. ................ Street Use District on Zoning Map '~Ouu-~u-2-1 suz~'ol~ county ~a~ map /vtap 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 0rdi.n~nce.) art ~ sec~ lUU-)u a-i ~cz bu±~ scaemu±e 3. TYPE OF APPEAL Appeal is maae herewith for (x) A VARIANCE ~o the Zoning Ordinance or Zoning M~p ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeaJ L..D~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeaJ was ( ) request for a special permit ( ) request for c variance aha was made in Appeal No .............................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance ~o Section 280A Subsection 3 ( ~,~'/A Variance to the Zoning Ordinance ( ) ~s requestea for the reason that d~usua± c.~arac~er o~' proper~y zolal~g laws %o, ma~e Des~ use requires, some oi J_o~. -'" exemptions %'rO~ ~'orzu ZBt (Continue on other side) REASON FOR APPEAL CD Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- sary HARDSHIPbecause ~trzet application would ma~e lot worthless and unusable as a building plot. 2. The hardship createdis UNIQUEandisnotshared by all properties alike in the immediate vicinity ofthisproperW ondinthis use district because AS can be seen on survey unusual s~ape oZ lot creates problems that would ma~e building zm possible. 3. The Variance would obse~e the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ldzng size would conform To Ouz±dzng co~es plauned landscaping and plantlng on bluI'f would help preserve shoreline. STATE OF NEW,YORK ) c s' Sworn to this ...................... Z..~.. ................. day of .................. ~Z~.:.~.... 19 FOR~I NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. NO,TICE OF DISAPPROVAL Building Inspector / New York State Department of Environmental Conservation 50 Wolf Road, Albany, New York 12201 Henry L. D~amond, Cornmisslo~ December 20, 1973 Donald A. Arcuri 60 gast 4th Street Patchoque, NY 11772 RE: Petition No. TW--15273-0055 Petition for Moratorium Permit Dear Mr. Arcuri: Your petition has been forwarded co this office by the Local Tidal Wetlands Permit Administrator who has made a review and site ~nspec- tion. As a result we have determined that cons[ruction of the proposed one family dwelling will have no adverse affect on adjacent tidal wetlands. Therefore, pursuant to Section 25-0202 of the Environmental Conser- vation Law and the Commisszoners Directive dated November 12, 1973, you are hereby notified that no permit will be necessary. VI~y truly yours, i~ L~uis M. Concra, Jr Central Tidal Wetlands Permit Administrator LMC: scs August 9, 197~ Mr. George Ahlers~ Builder Ine 250 C~x Lane Cutehogue ~ N.Y. Dear Slr~ Please be advised8 The property of Donald A~curi~ E/S Lighthouse Road ~ L.I.Sound is part of property broken up before the ?0,000 Sq Ft zoning requirement - apr~A~ately 496? - and these lots nave been sold and resold several ti~es since that ti~e. Variance to build was approved by the Board of Appeals in action # 186~ JanelO~197~ at whioh time they were satisfied this lot was in single and seperate ownershipe Yours truly Building Inspector Suffolk County Department of Plannin~ Veterans ~lenoriel Pi~hway !!auppauge, ltew Yor!~ 117.°,? Town of Southold Board of Appeals Mr. Robert W. Gillispie, Jr. Box 296 - Main Road East Marion, N.Y. 11939 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 Plann/nE Co~uis~ton are considered to be a .matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. ~pplicant Donald Acuri ~nicipal File }~mher 1865 Respectfully yours, Lee F~. Koppelman nirector of Planning TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. } Planning Bd, 765-2660 Board of Apgeals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ....... ..~.~...~...~ .............. of the town of ...... ~...J~.. ............... (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 ............ Special permits ...... J[... Variances Location of affected land: within 500 feet of: (check one or more) ............ Town or village boundary line X State ~w~-~ ............ 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 Comments: AppeaXJ fmm~ ~t applk~a~t has a l~rdshlp Imam of ~amumr~ 15, 1t74 ~ate: ............................................ (signed) Chakmmn,Southold Town Board of Appmalm ~itle Date received by Suffolk County Planning Commission ........................................................................ File No ................................. LONG ISLAND oUND