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HomeMy WebLinkAbout1969 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS 1974 Appeal No. 1969 Dated November 1, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Craig A. Richter a/c Nickalas Casamisina 10 Island View Lane at a meetin~ of the Zoning Board of Appeals on November 14, 1974 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 Zoulng Ordinance ( ~ Request /or a variance to the Zoning Ordinance ( ) Appellant the appeal 1. SPECIAL EXCEPTION. By rosolution of the Board ~ was determined that a sped~ exception ( ) be gra~ed ( ) be ~ed pursuant to Artec .................... Section .................... Sub~ction .................... paragraph .................... ~ the ~ntng Ordinance and the decision of the BuRdins Inspector ( ) be reversed ( ) be co~irmed because 8:50 P.M. (E.S.T.) upon application of Craig A. Richter, a/c Nickalas Casamisina, 10 Island View Lane, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to construct addition to existing dwelling resulting in reduction in side yard. Location of property: 10 Island View Lane, Greenport, New York, bounded on the north by G. Zelenski; east by Creek (Fanning Point); south by C. Krepp; west by R.O.W. Ext. of Island View Lane. Fee paid $15.00. 2. VARIANCE. By resolution of the Board It was determined that (a) Strict application of the Ordinmlce (would) (would not) produce practical hardship because difficulties or unnecessary 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 distrlc~ because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (woUld) change the character o! 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. After investigation and inspection the Board finds that applicant requests permission to construct addition to existing dwelling resulting in reduction of side yard at 10 Island View Lane, Greenport. The findings of the Board are that these lots were created many years ago prior to zoning, and the lot is irregular in shape and area. The Board agreess 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, Craig A. Richter a/c Nickalas Casamisina, 10 Island View, Greenport, New York be GRANTED permission to construct addition to existing 'dwelling resulting in reduction in side yard at 10 Island View Lane, Greenport, as applied for, subject to the following condition: That applicant place the addition no closer than 7 feet to the property line from the northwesterly corner of the addition. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. 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, 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, Southoldt New York, on November 14, 1974, on the following appeals: 7:30 P.M. (E.D.S.T.) upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a variance in accordance with the zoning Ordinance, Article VII~ Section 100-78 B (4)and Bulk Schedule for permission to construct Body Shop on property with insufficient side line. Location of property: N/S Main Road, Laurel (Dist. ll), New York~ bounded on the north by J. O'Connell; east by A. Goodale; south by Main Road; west by J. O'Connell. 7:45 P.Mo (E.D.S.T.) upon application of Thomas A. Duffey, T.A.D. Auto Sales, Main Road, Cutch0gue, New York for a special exception in accordance with the zoning Ordinance, Article VII, Section 100-70 B.4 for permission to conduct a used car sales business, and a special exception to erect a second sign. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Marratooka Lane; on the south by J. Brooks & R. Polhemus; on the west by Sunset Avenue. . 7:~55 P.M. (E.D.S.T.) upon application of Steven Born, Leeward Drive, Southotd, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and 100-35 for permission to install decorative entrance wall with lighting in front yard area of lots on new Private Road. Location of property: Oregon View Estates, Cutchogue, New York, bounded on the north by lands of applicant; east by lands of applicant; south by Middle Road (CR 27); west by land of applicant. Legal Notice - Pgo 2 8:10 P.M. (E.D.S.T.) upon application of Robert L. Hyatt a/c Joseph Cornacchia, Skunk Lane (Bay Ave.), Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (3) & 100-32 C for permission to construct accessory building (private garage) in front yard area. Location of property: N/S Skunk Lane (Bay Avenue) @ Peconic Bay, Cutchogu~ New York, bounded on the north by Joseph Cornacchia, Jr.,; east by Peconic Bay; south by Skunk Lane (Bay Ave.); west by Jose. Cornacchia, Jr. 8:25 P.M. (E.D.S.T.) upon application of Walter G. Kapp, Esq a/c Louise O. Day, 360 West 22nd Street, New York City, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to set off lot and buildings with insufficient area and width. Location of property: W/S Peconic Lane - N/S Long Island Railroad, Peconic, New York, bounded on the north by other land of applicant; east by Peconic Lane; south by A. Blaschack & Long Island Rail- road; west by other land of applicant. 8:40 P.M. (E.D.S.T.) upon application of Cynthia Kaminsky, Woodcliff Drive, RFD 1, R~ Box 153, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to construct building on premises with insufficient setbacks. Location of property: Mill Road, Mattituck, New York, bounded on the north by Mill Road; east by M. Phillips; south by M. Phillips; west by Mattituck Creek (Inlet). Legal Notice - pg. 3 Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 3i, 1~974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE~ NOVEMBER 7, 1974, AND FORWARD SEVEN i(7)' AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on October 3I, 1974: The Suffolk Weekly Times The Long Island Traveler-Mattituck Watchman Supervisor Albert M. Martocchia Harvey Bagshaw Thomas A. Duffey Steven Born Robert L. Hyatt a/c Joseph Cornacchia Walter G. Kapp a/c Louise O. Dayn Cynthia Kaminsky Craig A. Richter November 7, 1974 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 Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Soufhold, at the Town Office, Main Road, Seuthold, New York, on Nave_tabor 14, 1974, on the following appeals: 7:30 P.M. (E.D.S.T.) upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VII, Section 100- 70 B (4) and Balk Schedale for permission to construct Body Shop on property with in- sufficient side line. Location of property: N-S Main Road, Laurel (Dist. 11), New York, bounded on the north by J. O'Connell; east by A. Gcodale; south by Main Road; west by J. O'Coanell. 7:45 P.M. (E.D.S.T.) upon application of Thomas A. Duffey, T.A.D. Auto Sales, Main Road, Cutchngue, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B.4 for permission to conduct a used car sales business, and a special exception to erect a second sign. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; on the east by Marratooka Lane; on the south by J. Brooks & R. Polhemus; on the west by Sunset Avenue. 7:55 P.M. (E.D.S.T.) upon apelication of Steven Born, Leeward Drive, Seuthald, New York for a variance in ac- cordanco with the Zoning Or- dinance, Article III, Section 100- 34 and 100-35 for permission to install decorative entrance wall with lighting in front yard area of lots on new Private Road. Location of property: Oregon View E~tates, Cutchoguc, New York, bowded on the north by land of applicant; east by land of appUcant; south by Middle Road (CR 27); west by land of ap- plicant. 8:10 P.M. (E.D.S.T.) upon application of Robert L. Hyatt Joseph Cornacchia, Skank Lane (Bay Avenue), Cutchogue, New York for a variance in ac- dinance, Article III, Section 100- 30 C (3) and 100-32 C for per- mission to construct accessory building (private garage) in front yard area. Location of property: N-S Skunk Lane (Bay Avenue) at Peconic Bay, Cutchogue, New York, boanded on the north by Joseph Cornacchia, Jr., east by Peconic Bay; south by Skunk Lone (Bay Ave.); west by Joseph Cornacchia, Jr. 8:25 P.M. (E.D.S.T.) upon application_of Walter G. Kapp, Esq. a-c Louise O. Day, 360 West 22nd Street, New York City, for a variance in accordance with the Zoning Ordinance, Article III, SecUon 100-30 & Balk Sehedale for permission to set, off lot and buildings with insufficient area and width. Location of property: W-S Peconic Lone -- N-S Long Island Railroad, Pecoalc, New York, boueded on the north by other land of applicant; east by Peconic Lane, south by A. Blaschack & Long Island Railroad; west by other land of applicant. 8:40 P.M. (E.D.S.T.) upon application of Cynthia Karainsky, woudcliff Drive, RFD 1, Box 153, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Balk Sehedale for permission to c'~struct building on premises h in- sufficient setbacks. Location of property: Mill Road, Mattituck, New York, bounded on the north by Mill Road; east by M. Phillips; south by M. ~llips; west by Mattituck Cree~, ,inlet). 8:50 P.M. (E.D.S.T.) upon~ application of Craig A. Richter a- c Nickalas Canamisina, 10 Island View, Greenpert, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedale for permission to construct addition to existing dwelling resulting in reduction in side yard. Location of property: 10 Island View Lane, Grcenpert, New York, bounded on the north by G. Zolenski; east by Creek (Fanning Point); south by C. Krepp; west by R.O.W. Ext. of Island View Lane. ~ Any person desiring to be hoard on the above appeals should appear at the time and place above specified. Dated: October 31, 1974 BY ORDER OF ~ SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK, Stuart Co Dorman being duly Sworn. says that . .h.e.... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~xt Greenport, in said county; and that the noti~, of which the annexed is a printed copy. has been published in the said Suftolk Weekly Times once in each week, for one (l) weeks 7th (seventh) successively commencing on ~he .......................... NovemT~.x-,~ ~. 7/~. day of ............ :: ".--.- · ...... Sworn to before me this ... ?. ~ .... I 19...'./. j day of .'./., .... -'-. .... Zi~:,,. ~) ' / / . ........ ~ ..................... // JOSEPH LAW~EH~E TO~/;,i~::.;~ ' // NOTARY PU3L!C OF N£W Ciks. No. 52 9366350 My ¢~mmissioa Expires Ma~ch 30, 19 NOTICE OF HEARINGS Pursuant to Section 267 of th Tgwn Law and the provisions o · the Amended Building Zone Or d!nance of the Town of Southold Suffolk County, New York, publil hearings will be held by th~ Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, "New York, on November 14,'1974, on the following appeals: .7:30 P.M. (E.D.S.T.) upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, NeW York for a variance in accordance/ with the Zoning Ordinance, Article VII, Section 100-70 B (4) and Bulk Schedule for permission to construct Body Shop on proi perry with insufficient side line. J. ocation of property: N/S Main Road, Laurel (Dist. 11), New York, bounded on the north by J. O'Connell: east by A. Goodale: south by Main Road: west by J. O'Connell. 7:45 P.M. (E.D.S.T.) - upon application of Thomas A. Duffey~ T.A.D. Auto Sales, Main Road.' Cutchogue, New York for a special exception in accordance with the Zoning Ordinance. Arti¢l~ permission to conduc~ a used ca~ sales business. exception to erect a second sign. Location of property: Main Road. Cutchogue, blew York. bounded on the north by Main Road: on the east by Marratooka Lane: on the south by J. Brooks & R. Polhe- mus: on the west by Sunset Avenue· 7:55 P.M. (E.D.S.T.I upon application of Steven Born. Lee- ward Drive. Southold. New York for a variance in accordance with the Zoning Ordinance. Article lit. Section 100-34 and 100-35 for permission to install decorative entrance wall with lighting ~n front yard area of tots on new Private Ro~ld. Location of Era- perry: .Ore~nn View Estates, Cutchoguc ~-,w York, hounded on the north ay lands of applicant; east by lands of applicant; south . ' SUFFOLK by Middle Road (CR 27); w_est b~( 4~t YORK ~ ss: land of applicant. 8:10 P.M. (E.D.S.T.) upon application of Robert L. Hyatt a/~ Joseph Cornacchia, Skunk Lane,- (Bay Avenue), Cutchogue, New t Kotz, being duly sworn, soys that she is York for a variance in aqcordance. HE LONG ISLAND TRAVELER - MATTITUCK with the Zoning Ordin0nce, Article. III, Section 100-30C (3)& ~N, o public newspaper printed of Southold, 100-32 C for permission to con- County; and that the notice of which the struct accessory building (private garage) in front yard area. Loca- o printed copy, has been published in said tion of property: N/S Skunk Lane Id Traveler-Matt;tuck Watchman once eociq (Bay Avenue) at Peconic Bay, Cutchogue, New York, bounded ~..-.e/~.~.' .~..'./...~. ....................... on the north by Joseph Corn- ' ......... acchia, Jr,; east by Peconic Bay; ~' south, by Skunk Lane (Bay Ave.); y, commencino on the ........................... ,,<.... '"'" west by Joseph Cor nacchia, Jr. ...~.~ .~..~.~.. 8:25 P.M. /E.D.S.I.i upon .............. , ]9 · Esq. a/c Louise O. Day, 360 West 22nd St, New York City, for a; ..... ...~7..~.~ ..................... variance m accordance with the Zoning Ordinance. Article III. Section 100-30 & Bulk Schedule for permission to set off lot and buildings with insufficient area and width. Location of property: Sworn to before me this ........................ day W/S Peconic Lane - N/S Long York. bounded on the north by other land of applicant; east by ' Peconic Lane: sou~ by A. Bias- i~l~.~.~~ ch ak & Long lsland Railroad: .~./~,~No.~t~.. west by other land of applicant: 8:40 P.M (E.D.S.T.I upon ............... application of Cynthia Kaminsky, Woodcliff Drive. RFD I. Box 153. Matt;tuck. New York for a variance with the Zoning Ordi- ~£~_£ nance, Article VII. Section 100-71 Notary public, ,q!a~e al New and Bulk Schedule for permmsi(m Residing :n Su{!01'a County to construct building on premises tlo 52-30Mt~00 with insufficient setbacks Loea- Commission Exgaes Mulch 30, 197 ,-~) tion of proper~y: Mill Road. Matt;tuck. New York. bounded on the north by Mill Road: east .by M. Philllps; south by M. Phillips; west by Matt;tuck Creek (lnlet).'~ 8:50 P.M.. (E.D.S.T.) upon application of Craig A. Richter a/c Nickalas Casamisina, 10 Island View, Greenport, New York for a variance in accordance with the Zoning Ordinance', Article III, Section 100-31'and Bulk and Parking Schedule' for permission to construct addition' to existing dwelling resulting in reduction in side yard. Location of Property: 10 Island View Lahe, Greenport, New York, bounded on the north by G. Zelenski;east by creek (Panning Point); south by C. Krepp; west by R.O.W.. Ext. of Island View Lane. ~eard on the above ,appeals itsllo~lS,t~ll~/~ a~ ffi ~,t~ ~/~e and place above specified. Dated: October 31, 1974 BY ORDER OF SOUTHO ,LDs TOWN BOARD OF APPEALS 11-11/7 FOEM ~0.~ TOWN OF SOUTHOLD BUILDING DIEPART/~ENT TOWN CLERK'S OFFICE SOUTHO/D, N. Y. NOTICE OF DISAPPROVAL / Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO../~'~ TO THE zoNING BOARD OF APgEALS, TOWN OF sOUTHOLD, N. Y. t, (We) .~.~...~..¢....~....t~........~.~"'~.~.~.b¢.~......of {O , --..j~ ~?...~. ~/~ ~/, ~,f~,~r Nome of Appellant Street and Number ............ ....................................................... ^PPEA *0 Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .................................................. WHEREBY THE BUILDING INSPECTOR DENIED TO ..... ...... ..A...: ...... ................ Nome of APplicant for permit Street and Number Municipality State ) PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..... Lt.D. ........ ~-..~...'~..~. ...... ~.~..~...~..~..,~.. ............... ~..4..~.,~..~7/~ Street Use District on Zoning Map ............... Map No. L N · 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.nonce.) 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 Low 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 ~ppeal was ( ) request for ~ special permit ( ) request for a variance ~nd was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) requested for the reason that ~orm ZB! (Continue on Other side)_ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE wouId produce practJca~ difficulties or u~qneces- saw HARDSHIP because vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by oH properties o~ike in the immediate 3. The Var[once would observe the spirit of Che Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because '~.~ ~__.~ ~-4c~_.~ ~..~r6~ ~r~ ~ ~ /4/~, ~, ................ ~ ........ .-..~,~,~.,~,~. ~ : ............................... COUNTY OF ) ~ S~or~ to th,s ............................. z.~i~,.., da o~ ~d~ .~ ~ Notory Public :