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HomeMy WebLinkAbout1809 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1809 Dated June 22, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Dalchet Corporation Pequash Avenue at a meeting of the Zoning Board of Appeals on July 19, 1973 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) July 19, 1973 DATE ....................... Appellant the appeal 1. SPECIAL EXCEPTION. By re~tion of the Board R was determined th~ a speri~ exce~ion ( ) be ~a~ed ( ) ha denied p~sua~ to ArriVe .................... Sect~n .................... Subsect~n .................... paragraph .................... ~ the Zoning O~inance and the decision of the Bu~ding Inspector ( ) be reversed ( ) be ee~irmedbecause 8:25 P.M. (E.S.T.), upon application of Dalchet Corporation, Pequash Avenue, Cutchogue, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of property: south side Main Road, Cutchogue, bounded north by Main Road; east by Dalchet Corporation; south by Dalchet Corporation; west by Dalchet Corporation. Fee paid $15.00. 2. VARIANCE. By resolution of the Board i_t was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical 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 districl 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 ZIM After investigation and inspection the Board finds that applicant requests permission to set off existing dwelling on lot with insufficient area and frontage on the south side of Main Road, Cutchogue, New York. The findings of the Board are that the proposed lot would be approximately one-third or less in size of the minimum requirement under the present Zoning Ordinance. Granting this variance would be exceeding the powers of the Board of Appeals. The Board finds that strict a~plication of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property; and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Dalchet Corporation, Pequash Avenue, Cutchogue, New York, be DENIED permission to set off existing dwelling on lot with insufficient area and frontage, located on the south side of Main Road, Cutchogue, as applied for. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, Hulse, TO~N OF SOUTHOLI), NEW YORK DATE /~a.I/....23., 1974 Rehearing: May 2, 1974 aCTION OF '~.z ZONING BO~ OF aPPEaLSOrig' Hearing: 7/19/73 Appeal No. 1809 D~ed March 28, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Dalchet Corporation Pequash Avenue Cutcho~ue, New York Appellant at a meeting of the Zoning Board of Appeals on May 2 3, 19 7 4 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 (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION, By res~ution of the Board it was determined that a special exception ( ) be gra~ed ( ) ~ deuled pursuant ~ Article .................... Section .................... Subsection .................... paragraph .................... of the ~ulng ~dinance end the dec.on of the BulldMg I~pector ( ) be reversed ( ) be co~irmed because 7:45 P.M. (E.D.S.T.) Rehearing on motion of the Southold Town Board of Appeals of application of Dalchet Corporation, Pequash Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of property: south side Main Road, Cutchogue, bounded north by Main Road; east by other land of applicant; south by other land of applicant; west by A. Luglio (formerly Orlowski). Decision of the Appeals Board rendered on May 23, 1974. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict appHcatlon 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ~ ~i~e MBOARD, OF APPEALS After investigation and inspection the Board finds that applicant requests permission to set off existing dwelling on lot with insufficient area and frontage located on the south side of Main Road, Cutchogue, New York. The findings of the Board are that the unusual configuration of the applicant's property, the location of the barn and irrigation facilities, and the location of the original farm dwelling do, in fact, create unusual and unique difficulties. The Board also finds that granting the applicant's request to sell off existing residence with an undersized lot would not change the character of the neighborhood provided that conditions are imposed to assure the maintenance of density requirements of the Town. 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, Dalchet Corporation, Pequash Avenue, Cutchogue, New York, be GRANTED permission to set off existing dwelling on lot with insufficient area and frontage on property located on the south side of Main Road, Cutchogue, New York, as applied for, subject to the following conditions: That the Dalchet Corporation shall furnish three (3) copies of survey showing all of the Corporation's property under application as of date of Rehearing of Appeal No. 1809, May 2, 1974, and defining the lot to be set off for sale. Future sales of all, or any part, of the land remaining to Dalchet Corporation shall be approved by the Board of Appeals. The purpose of imposing this condition requir- ing approval of the Board of any future sale is to assure that the substantial area deficit, of more than 20,000 sq. ft., created by setting off lot, in the present Action, is compensated for and corrected by increasing the size of any future tract or tracts which may be sold or set off. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the }~mended Building Zone Ordinance of the Town of Southold, Suffolk County, New York~ public hearings will be held by the Zoning Beard of Appeals of the Town of Southold~ at tke Town Office, Main Road, Southold, New York, on May 2, t974 on the following appeals: 7:35 P.M. (E.D.S.T.), upon application of Stevan and Agnes Peggie Banick, Hereon Point, (Pvt. Road), Southo!d, New York for a variance in accordance with the Zonin~ Ordinance Article VII~ Section 100-71 and Bulk Schedule, Article Xi, Section 110-112 B, Cj D, G, H, Section 100-113 (3), for permission to build new mixed occupancy (business and residence building with insufficient sideyard, rear yard, and parking area Location of property: W/S/ Young s Avenue {RR Ave.j, Southold, New York, bounded north by (now or formerly) Eissman; east by Yomng's Avenue; south by John Terp; west bi Keke Bros. 7:45 PoM. (E.D.S.T.), Rehearing on motion of the Southold Town Board of Appeals of application of Dalchet Corporation, Pequash Avenue, Cutchogue, New York, for a variance in accord- ance with the Zoning Ordinance, Article !II~ Section 301 and Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of proper~y: south side Main Road, Cutchogue, bounded north by Main Road; east by other land of applicant; south by other land of applicant; west by A. Luglio (formerly Orlowski}. 8:15 P.M. (E.D.S.T.}, upon application of Lucile Mosback, Rose ~ill, North Carolina, for a variance mn accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule 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, Southold, New York, on July 19, 1973, on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of Helen Chizzini, Mr. Beulah Avenu~,Southold, New York, for a varaince in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property wi~h less than required area and frontage. Location of property: east side of Mt. Beulah Avenue,Southold, bounded north by C.W. Booth; east by C.W, Booth; south by C.W. Booth; west by Mt. Beulah Avenue. 7:40 P.M. (E.D.S.T.), upon application of Dante V. and Evelyn Morel, ~Bayview Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, ~. ~'~ion 301 and the Bulk Schedule for permission to divide p~erty with less than required area and frontage. Location of property: Lots ~t, 2, 3 and 157, Map of Cedar Beach Park, Southold. 8:00 P.M. (E.D.$.T.), upon application of John Divello, Sound View Avenue, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 302 for permission to construct garage in front yard area. Location of property: north side Sound View Avenue, Mattituck, bounded north by Long Island Sound; east by R. Mowery;.south by Sound View Avenue; west by Casbor Inc. (park). Legal Notice Page 2 8:10 P.M. (E.D.S.T.), upon application of Ray Alexiadhes, Soundview Avenue, Southold, (Meadow Point Properties), for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide prQpert with less than required area and frontage. Location of property: north side Soundview Avenue, Southold, bounded north by Long Island Sound; east by Couloucoundis; south by $oundview Avenue; west by B. Thompson. 8:25 P.M. (E.DoS.T.), upon application of Dalchet Corporation Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to set off existing dwelling on lot with insufficie~ area and frontage. Location of property: south side Main Road, Cutchogue, bounded north by Main Road; east by Dalchet Corporation south by Dalchet Corporation; west by Dalchet Corporation. 8:35 P.M. (E.D.S.T.), upon application of Philip and Claire Dietz, Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area and frontage. Location of property: west side Pequash Avenue, Cutchogue, bounded north by North Cross Road; east by Pequash Avenue; south by Edward Harvey; west by R. and S. Lajda. 8:50 P.M. (E.D.S.T.), upon application of Carl's Mobile Homes, 650 East Main Street, Riverhead, for a variance in accordan¢ with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to const~uat3dwelting with reduced setback from road. Location of property: one-half lot ~49 and all ~50 and 51, Map of Garden Heights, Mattituck; west side. Mary's Road and ~ast side Oak Place. Lt Legal Notice Page 3 9:00 P.M. (E.D.S.T.), upon application of Evelyn Swisky, Bayview Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide property with less than required area and frontage and for a variance in accordance with Section 280A, Subsection 3 of the Town Law for approval of access. Location of property: north side Bayview Road, Southold, bounded north by West Creek; east by E. Mullen and others; south by Bayview Road; west by Paul Obre and wife. 9:10 P.M. (E.D.S.T.), upon application of James H. Pratt, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance Bulk Schedule for permission to erect loading bin with silo in excess of 35 feet in height. Location of property: west side Cox Lane, Cutchogue, bounded north by McBride; east by Cox Lane; south by L. B. Glover; west by L. B. Glover. Any person desiring to be heard on the above applications should appear at the time and place above specified° Dated: July 6~ 1973 BY ORDER OF THE SOUTHOLD T©WN BOARD 'OF APPEALS PLEASE PUBLISH ONCE~ July 12, 1973, AND FORWARD AFPIDAVITS OF UUBLICATION TO THE SOUTHOLD TO~ BOARD OF A~PEALS iROAD~ SOUTHOLD, NEW YORK~ · NOTICE OF HEARINGS Pursuant to Section 267 of the 'Town Law qnd the previsions of th~ Amended Building Zone Ordinance of the Town of Seuthold, 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, Seuthold, New York, on May 2, 1974 on the following appeals: 7:35 P.M. (E.D.S.T.), upon application of Stevan and Agnes ~Peggie Banick, Horton Point, (Pvt. Road), Southold, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule, Article XI, Section 110- 112 B, C, D, G, H, Section 100-113 (3), for permission to build new ~mixed occupancy (business and COUNTY OF SUFFOLK, ! STA-r~: OF NEW YORK, ~ ss: Stua~'t C. Do.an being duly Sworn, scrys that . ...h.e.. is Printer and Publisher of ~he SUFFOLK ~aarea Location of property: S-St Sound View Road, Orient, Lot No/ TIMES. a newspaper published at Greenport. in said 127, Section I, Orient-by-the-Sea,ind ~hat the notice, of which the ~nnexed is ~ printed Orient. 8:50 P.M. (E.D.S.T.), ~lpon~ been published in the said Suffolk Weekly Times application of Emily R. Mather, 0vie ( ]- ) Bayer Road, Mattituck, New,ach week, for ........................... weeks i York for a variance in ac- !cerdance with the Zoning Or-~;Iy commencing on ~e .......... .2~ .~.h. .......... dinance, Article III, Section 301, ~residence) building with in- for permission to divide lot with ..... .Ap.~.]...~..~...> ..... 19. ?.. .sufficient sideyard, rear yard, insufficient frontage and area. ~and parking area. Location of Location of property: Bayer ~'~"'~'' ''~'/'(~' '¥~'~' ..... ~'l~14/~rk~ ....... lproperty: W-S Young's Avenue before me this 2 i(RR Ave.), Seuthold, New York, tRi~uacdk aI~ NG~s.a~d53 A4~e~e~7Ma~~ u ,,c~ lbounded north by (now or for- 176 "Matfituck Heights":' Mat- ~"l ~' ',~ '~/.4, ~. ~ e ~n Suffolk ,, YORK/ ~ Young's Avenue; by John ~Terp; west by Koke Bros. apphcatmn of Agway, Inc., · I Rohearing" 7:45 P.M.on motiun(E'D'S'of Young's Avenue, Seuthold, New/ / ........................................ Seuthold Town Board of Appeals York for a variance in ac-/' ~ of application of Dalchet Cur- cordance with the Zoning Or-~ west by Aider and Hellman. Drive, Seutbold, New York, Lot (poration, Pequash Avenue, dinancd, ArticleVI, Sec. 100-60C- 9:20 P.M, (E.D.S.T.), upon No. 72, Cedar Beach Park. ~Cutchogue, New York, for a 3 (a) (b) (c) for permission to application of Charles Michel, Any person desiring tobe heard erect combination roof and variance in accordance with the (Zonin~ Ordinance, Article IH, Section 301 and Bulk Schedule for 'permission to set off existing dwellin~ on lot with insufficient area and frentage. Location of preperty: south side Main Road, Cutcbogue, bounded north by Main Road;.east by other land of applicant; south by other land ofj applicant; west by A. Luglio] (formerly Orlowski). 8:15 P.M. (E.D.S.T.), application of Lucile Mesback, Rose Hill, North Carolina, for a variance la accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and ~'ea. Location of property: south Main Road, East Marion, / York, bounded north by ground sign in excess of 16 foot height requirement. Location of preperty: Young's Avenue and Private Road, Seuthold, bounded north by G. Minor and others; east by Young's (RR) Avenue; south by R. Houston and others; Oakwood Drive, Southold, New York for a variance in ac- cerdance with the Zoning Or- dlaancc, Article III, Section 30 C, Section 100-32 for per- mission to erect accessory building in frent yard area. Location of preperty: Oakwood on the above Appeals should appear at the time and place above specified. Dated: April 18, 1974 BY ORDER OF SOU'V' TOWN BOARD OF AP. NOTICE OF HEARINGS Pursuant to Section 267 of' Town Law and the provisio~ the Amended Building Zone Ordinance df 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, South- old, New York on May 2, 1974 on the following appeals: 7:3S P.M. (E.D.S.T.), upon application of Stevan and Agnes Peggie Banick, Horton Point, (Pvt. Road), Southold, New York for a variance in accordance with the Zoning Ordinance, .Article VIi, Section 100-Ti and Bulk Schedule, Article .XI, Section 110-112 B, C, D, G, H, Section 100-113 (3), for permission to build new mixed~ occupancy (business and residence) building with insufficient sideyard, rear yard, and parking area. Location of property: W/S/ Young's Avenue (RR Ave.), Southold, New York, bounded north by (now or formerly) Eissman; east by Young's Avenue; south by Iohn Terp; west by KaLe Bros. 7:45 P.M. (E.D.S.T.), ~Rehear- tng on motion of the Southold Town Board of Appeals of application of Dalchet Corp6ra- tion, Pequash Avenue, Cutch- ague, New York, for a variance in accordance with the Zoning Ordinance, Article 111, Section 301 and Bulk Schedule for permission to set off existing dwelling on lot ¢dth insufficient area and front- age. Locastion of property: south side Main Road, Cutchogue, bounded north by Main Road; east by other land of applicant; south by other land of applicant; west by A. Luglio (formerly Drlowski). 8:18 P.M. application of Lucile Mosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 301 and Bulk Schedule for permission to divide and get off lots with existing buildings with less than required width and area. Location of property: south side Main Road, E:~st Marion, New York, bounded north by Main Road; east by William Park, Jr.; south by Gardiners Bay; west by A. E. Parker & others. 8:30 P.M. (E.D.S.T.) upon application of Robert Davis and Wife, Peconic Bay Blvd., Matti- tuck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Sched- ule, for permission to use existing lot for one family dwelling with insufficient side yard area. Location of property: S/S Sound h x~mlo Mattituck. bounded north COUNTY OF SUFFOLK } STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'VFITUCK 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 Zraveler-Mottituck Watch- man once each week for ...... ~,'~.~'.~,,..L~...~..... weel,/s successively, commencing on the ............. ~ ...................... day of ........ : yj . Sworn to before me thi,s ...... ~.~{ ......... day of ...... ...... , l~'ot4u-y Pt~bl~ / Office, Main Road, Southold, New York, on July 19, 197~, on the following appeals: pUeation of Helen C~, Mt. Y~ for a ~ce ~ ~d- ~le ~, ~t~ 301 ~d t~ B~k ~h~ule ~ ~r~ to cat~on of PrelaCy: ~ side Pequash Avenue, Cutchogue, lded north by North Cross . .d; east by Pequs~h Avenue; south by Edward Tarvey; west by R. and ~ Lajda. - 8:50 P. M. (EDST), upon ap* pllcation of CarFs Mobile Homes, 650 East l~tn Street. Rlverhead, for a variaflce in accordance with the Zoning Ordinance, Article III, Section 301 and the BuJk Schedule for permission to con- struct dwelling with reduced setback from road. Location of proporty: one.half lot No. 49 and all NO. 50 and 51, Map of Garden Heights, ~ttlttWk; west side Mary's ~lqead and east side Oak Place. 9:00 P. 'M. IEDST), upon ap- required ~rea a~d frontage. LO- plioati~n of Evelyn Swisky, Bay- csU0n of property: east side of view R~, S0u~hold, for a vari- ML Beulah Avenue, Southold, anco in a~cerdance with the bounded.,uorth by C. W. Booth; . lng Ordinance, Article I:I~, Sec- east :by C. w. '~oth; ~outh by ! . th~n 301 for permleslon to d~lde C W Booth; west by Mt. Beulah . 7:40 P. M. (~1~9, upon ap-- pUcatlon of Da~te V. and ~el~ ~1, Bsy~ew ~, ~u~old, perm~ ~ ~y Wit~ ~ ~. ~a and ~nta~. ~. ~g Ordinance,. A~cle ~, ~tion ~2,for ~on m ~. ~a~ of p~rt~: north ti~, ~u~ north ~ ~ ~d~ew Argue, ~uthold, (M~ Point P~rti~), f~ ~ of ~y: ~h ~ide off e~tmg ~wellmg ~ lot with ance with the Zon~g OrdEance, ~rol~'ty with le~ than required area and frontage and foe a vari- ance in a~ordance with Section 2~0A, S~l~ectton 3 of the Town Law for approval of ~ce~. Lo- catien of proper~y: north ~,de Bay~ew ~, Southuld, bound- ed north by West C~eek; east' by E. Mullen and others; south by Bayvtew Road;-west by Paul Obre and wife. 9:/0 P. M. (EDST), upon plic~tlon of Jamco H. Pratt, Avenue, Cutchogue, New York. for a variance in accerda~!ce with the Zoning Ordinance-Bulk Schedtde for po~mlesion to erect k~ding bin with silo in excess of 35 feet in height. Lom~tlon ~f property: west side Cox Lane, Cutchogue, bounded north by Mo]~Jde; ea~ by Cox Lane: south by 'L. B. G10ver; west b~ L. B. Glo,er, . Any person desiring to be .he~rd on the above applications should appear at the time and place ~boye specified. Dated: July 6, BY ORDER OF THE SOUTHOLD TOWN BOARD O1~ APPEALS OF SUFFOLK $$: : NEW YORK C. Whitney Booth, Jr., being duly sworn, says is the Editor, of THE LONG ISLAND R - MA'I-FITUCK WATCHMAN, a public news- ~ted at Southold, in Suffolk County; and that of which the annexed is a printed copy, has been in said Long Island Traveler-Mattituck Watch- each week for .....~..~_, ~...~....~...~.... week's ly, commencing on the /.. '~.. ......... ~worn to before me this .......... /...~-........ day of , Note~y ADELE PAYNE Not3ry Public, State of New LEGAL NOTICE Beulah Aveaue, Southold, New York, for a variance in ac- cerdance with the Zoning Or- dinance, Article HI, Section and the Bulk Schedule for per- mission to divide property with less than required area and frontage. Location of propert~ east side of Mt. Beulah Avonue, Southcld, bounded north by C.W. Booth; east by CM. Booth; south by CM. Booth; west by Mt. Beulah Aveaue. 7:40 P.M. /E.D.S.T.), upon application of Dante V. and Evelyn Morel, Bayview Road, Southold, for a variance in ac- dinance, Article HI, Section 351 and the Bulk Schedule for per- mission to divide property with less than required area and frontage. Location of property: Lot No. 1, 2, 3 and 187, Map of Cedar Beach Park, southold. 8:00 P.M. /E.D.S.T.), upo~ application of John Divello, Soond View Avceue, Mattituck, for a variance in accordance with the Zoning Ordinance, Article IIl, Section ~ for permission to construct garage in front yard ares. Location of property: north side Sound View Avenue, Mat- fituek, boanded north by Long Island Sound; east by R. Mowery; south by Soand View &vceue; west by Cosbor Inc. (park)~ 8:10 P.M. (E.D.S.T.), upon application of Ray Alexia~:~ns, Soundview Avenue, Southold, (Meadow Point Properties), for a variance in accordance with the Zoaln~ Ordinance, Article IH, Section a01 and the Bulk Schedule fbr permission to divide property frontage. Location of property: north side Soundvinw Avonue, southuld, boanded north by Long tsland Sound; east by Coalouceondis; south by Sound- view Avenue; west by B. Thoml~un. I 8:~ P.M. (E.D.$.T.), upon application of Dalchet Cor- poration, Pequash Avenue, Cuteho~ue, for a variance in accordance with the Zoning Ordinance, Article III, Section ~01 and the Bulk Schedule for ~rmission to set off existing dwelling on lot with insufficlont area and frontage. Location of prop~ty: south side Main Road, Cut~, bounded north by Main Road; east by Dalchet icorporation;south by Dalchet Corporafian; west ~ 8:35 P.M. (E.D.$.T.), upon application of Philip and ~ Dicta, Pequa~ Avenue, Cut- eho~e, for a variance in ac- dinance, Artinle 111, Scetion 301 and the Bulk Schedule for per- mission to divide prop~'ty with le~ than req~'ed area and frontage. L. ooation of property: west side Pequush Avenue, C-'uteh~, bounded north by North Cross Road; east by Peqan~ Avunue; south by ward Harvey; wnst by R. and S. 8:~o P.M. (~..D.$.?.), upon applicution of Carl's Mobile Itomns, 0,50 l~.~t Main Ri~ad, for a variance in aeeordunee with the ~.oning Ordinance, 3a'ticle III, SceUan 351 and the Bulk Schedule for pomission to construct dwelling with reduced sotl~ek h'om road. Looation of prol~OJ.' one-half lot II No. ~ and ~ ~o. ~0 and 91, Map of Garden I-lei~hta, Mnttituek; we~: side M~J's Rand and east side Oah Pluce. ' 9:00 P.M. (E.D.S.T.), upon npplieation of Evclyn Swi~, Ba~ndew Rand, Southold, for a Zoning 0rdimmce, P~'tiele III, soetian 351 for penn,sion to divide prol~t¥ with le~ than LEGAL NOTICE required area and' frontage and for a variance in accordance with COUNTY OF SUFFOLK, ] Section 280A, Subsection 3 of the STATE OF NEW YORK, ? ss: Town Law for approval of access. J Location of property: north side Start C, Dorman Bayview ~Road, Southold ....................................... bein~ duly Sworn, bounded north by West Creek; east by E. Mullon and others; south by Bayview Road; west by Paul Obre and wife. 9:10 P.M. (E.D.S.T.),' upofl application of James H. Pratt, Bay Avonue, Cutchogue, New York, for a variance in ac- cordance with the Zoning Or- dinance Bulk Schedule for per- mission to erect loading bin with silo in excnss of 35 feet in height. Location of property: west side Cox Lane, Cutcbo~ue, bounded north by McBride; east by Cox Lane; south by L.B. Glover; west by L.B. Ginver. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: July 6, 1973 BY ORDER OF THE BOARD OF APPEALS ITJ12 says that. he .... .. is Printer and Publisher of ~he SUFFOLK W~'KLY TIMES. a newspaper published ~t Greenport. in said county: and ~hat th~ noti~, of which the ~nnexed is ~I printed copy. Ires been published in the said Suffolk Weekly Times once in each week. tot . . O..11.e..~..e.e.k. ............... successively commencing on the . .~.~.e.]:..~.t.h. ............... day of.../~l~.]r~_~ . i...~ 19 ?.3. Sworn to before me this ..../~ ..... day of ...... , .... ~ ..... 19. '~. ! FORi~I NO. $ ~' ' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ...................... .?'....~..., 19..2) ~-o ~~ ?~ ~.:.=.:.~:;~:...;:~~.- ......... ~ ......... PLEASE TAKE NOTICE that your application dated ............. ..~...~:: .......... , 197...~. far permit to ~ ....... T.fZ .......... '~..'ff...~.~ ........ ~.at the premises located at ........ ~. ....... Map ............... ~ .................... Block ...... ~ ............................ Lot ...~ ........................................ ~s r~k~ disapproved on the following grounds ..... ~¢...~ ........ ~,~ .... ,J.~:~..~ ........ ~~,.....~=...~.r~ ............. ,~ ~ ~g ~~ ,~< ........... ~ ...... . ................................. .... ~>~..~...~,~..~ ~,., ....... ~ ..... ~.~ ..... ~,...,~,~ ........................................ ~tiJ~i:trng I~spector '.-< / / TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSP,~CTOR APPEAL NO. /~C"" / DATE ..~i...~....'~..,..~...~ O THE ZONING BOARD OF APPEALS, TOWN OF.SOUTHOLD, N' Y. (We) ........ ............ of ..... ,e-q.u...a..s, .h ..................................... Name of Appellant Street and Number ......................... ..C..u.~.~.b...o..g..?..e. .................................................. ~.e.?..,..~..°..~.k..,...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDJNC~ INSPECTOR ON . ~..~./,.-,z /'~© APPLICATION FOR PERMIT NO DATED ~.~.~'cz'-I WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of PERMIT TO USE PERMIT FOR OCCUPANCY Permit to set off existing dwelling ~ith less Street and Number Municipality State than 40,000 sq. ft. LOCATION OF THE PROPERTY Main Road, Cutcho~.u.e A-.A. gr£cul~ural & .................................................. ; ....... ;u.'. :' i~ e~'~'en'~ ~.~J';t:' · · Street use I~lStrlct' on zomng rv~ap 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 Ordinance.) Article 3, Section 301 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordin.ance 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 f~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appea] was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) x) ) REASON FOR APiPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that applicant wishes to set off'a residential ,dwelling 'which pre-existed the Zoning Ordinance of the Town of Southold with less than-the present required 40,000 sq. ft. Forzn ZB1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce procticaidifficulties or unneces- sary HARDSHIP because the existing dwelling and other improved structures in the immediate vicinity thereof predated the adoption of the Southold Town Zoning Ordinance~ A signed copy of the origi- nal contract of sale in this matter will indicate the dimensions for the property to be conveyed as a residential dwelling. To attempt to meet the present zoning requirements would produce an extreme hardship not only upon the seller~ Da!chet Corporation, but upon the purchasers under contract of sale. The farm buildings in the rear of the premises are presently used by Albert Orlowski in his farming operations on the remaining lands of the Dalchet Corporation. It would be impossible to include these barns in the contract of sale to the purchasers. The only other alternative would be to increase substantial frontage along the Main Road~ which would then make the rest of the property in that vicinity usele~ to the seller. 2. The ha~ship createdis UNIQUE and is notshared by all prope~ies alike in the immediate vicinity ofthis property and in this use district because the hardship is confined to the immediate vicinity of the subject premises. The area surround- lng. the parcel has already been improved to some great extent on parcels of land with no greater frontage than that proposed by the subject premises. The uniqueness of this situation is that we are dealing with an improved existing residential dwelling whichbms predated the Zoning Ordinance together with improved other struc- tures on the subject premises from which the dwelling is to be divided from. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area would remain identically the same in terms~of its zoned use, to wit: A-Residential. Further, the varianceA requested with respect to an existing dwelling, a dwelling that pre-existed the Zoning Ordinance of the Town of Southold. Thus there could be no change effected in the division of the parcel which could possibly affect the character of the existing district or surrounding properties. DALCHET CORPORATION STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss Signature ' '~', TOWN OF SOUTI"IO~.D PROPERTY RECORD CARD )WNER STREET VILLAGE DIST. SUB. LOT ORMER OWNER ~Z~.~ E ~¢~' c:~. ACR. · S W TYPE OF BUILDING ES. ,:: ~.-~ SEAS. VL. FARM COM~. CB. //MICS. )" Mkt. Value LAND IMP. TOTAL DATE REMARKS / 7 ~ o ~-o o ~ ,., b/~/7~" /o/j/Z7 ~/~..1 / ~'~ S.ow!,v'~;~'z ,. ~,v> ~ 7~' :o,.v/~.,~? v ~',,: ,, :~,~ lable ..$; .7.~:~ ~!.~, 'j_~, FRONTAGE ON WATER ~land FRONTAGE ON ROAD /~ ~ 2~...,~.~:~ --: ~adowland DEPTH ~ .. COLOR TRIM M. Bldg. Extension Extension Extension Foundation Bath Floors Porch ,. Basement Porch Ext. Walls Interior Finish Breezeway Fire Place Heat Garage Type Roof Patio Recreation Room Dormer Total Rooms 1st Floor Rooms 2nd Floor Drivewoy Dinette K, LR. DR. FIN. B ~__/~ ,~., .,, ~. 1. n.~.T~OWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ~ ~ ' / / v STREET VILLAG~~'''~'~""" ~ ~ DIST. SUB. LOT E ' ACR. S W ~PE OF BUILDING RES.~// S~S.. VL ~ FARM CO~. CB. MIC5. / Mkt. Value ~ND IMP. TOTAL DATE R~RKS illoble ' ~ ~3y ~c 300 / (3~ FRONTAGE ON WATER /~lond FRONTAGE ON ROAD ~eadow~nd DEPTH ouse Plot BULKH~D )raj COLOR TRIM M. 'Bldg.' ' Exter~ion Extension Extension Foundation Bath Porch Basement Floors Porch Ext. Walls Interior Finish Breezeway Garage Fire Place Type Roof Heat Rooms 1st Floor Patio Recreation Room Rooms 2nd Floor O.B. Dormer Driveway Total Dinette K. LR. DR. BR. FIN. B ,',.?~-/~s-/-:,o. ~TOWN OF SOUTHOLD PROPERTY RECORD CARD /~/_/.~ OWNER STREET VILLAGE DIST. SUB. LOT .... ,_/,l (-'/..',',.~'/.,', ~- ~.o~0, /¢~/;.'¢':"". /.',"~." FORMER OWNER N ,~,/~ , , E ACR. J I S W ~PE OF BUILDING RES. ~/~ S~S. ME o FARM CO~. CB. MICS. ~ND IMP. TOTAL DATE R~RKS 'ill=ble ¢;' ~ -~ ,~ ~ ~. FRONTAGE ON WATER V~l=nd FRONTAGE ON ROAD Aeadowland DEPTH ~ouse Plot / ~ c?__ ~ / ~(~ BULKH~D 'ora I 7oo~ .~o,~TOWN OF SOUTHOLD PROPERTY RECORD CA /o3-/.- ~MITH, TASKER AND FINKELST~gIN April 10, 1974 Mr. Robert W. Gillispie, Jr. Southold Town Board of Appeals Southold, New York 11971 Re: Dalchet Corp. Dear Mr. Gillispie: I acknowledge Thank you. FJY:sb receipt of yours of April 5th. Very truly yours, SMITH, TASI(ER AND FINKI~LST~-IN ATTORNEYS AND COUI~SELORS AT LAW March 28, 1974 Mr. Robert W. Gillispie, Jr. Zoning Board of Appeals Southold, New York Re: Dalchet Corporation v. Gillispie, et al. Dear Mr. Gillispie: As I believe you have been informed by Mr. Techet, who, as you know, is no longer with this firm, Mr. Justice Geiler on motion of Dalchet Corporation granted an application for reargument and vacated his original decision in favor of the Board remanding the matter instead back to the Board for a new hearing. I am enclosing a copy of the decision for your perusal which represents the order of the court, and direct your attention to the decretal paragraph which requires you to schedule a new hearing. If you wish to confer prior to the hearing or wish us to attend the hear- ing, please advise. Very truly yours, FJY:sb Enclosure SMITH, TASKER .AND FINKELSTEIN April 5, 1974 Mr. Robert W. Gillispie, Jr. chairman, Zoning Board of Appeals Southold, New York Re: Dalchet Corp. v. Southold Dear Mr. Gillispie: I do not mean to become a burden on this matter, but Mr. Cron has contacted us again requesting that the matter be rescheduled before your Board for a new hearing. If it is convenient, I would request that the matter be rescheduled for your next meeting and that Mr. Cron be given notice. F~:sb P.S. Very truly yours, FRANCIS J. ~AKA~ I will await your advice as to whether you wish my attendance. SMITH, TASKI~R AND FIIVK~LST~EIN April 15, 1974 Mr. Robert W. Gillispie, Jr. Southold Town Board of Appeals Southold, New York 11971 Re: Dalchet Cor~. vs. Southold Dear Mr. Gillispie: I acknowledge receipt of yours of April llth and thank you therefor. FJ~:sb Very truly yours, FRANCI~ J. YAKABOSKI APPEAL BOARD MEMBERS Robert '~'. Gillispie, Jr., Ch,~irmen Robert Bergen C~er~es Grigonis, Jr. Serge Doycn~ Jr. Fred Hulse, Jr. Southold Town Board o£ Appeals SOUTHOLD, L. I., N.Y. 119"71 Telephone 765-9660 May 21, 1976 Richard J. Cron, Esq. Main Road Cutchogue, N. Y. 11935 Re: Dalchet Corporation tO Rakowicz Dear Mr. Cron: At a regular meeting of the Southold Town Board of Appeals held on May 20, 1976 IT WAS RESOLVED that the Southold Town Board of Appeals GRANT approval of the sale made to Stanley M. and Barbara Rakowicz on January 19, 1976. After investigation it was noted that the parcel set off consists of front and rear frontages of 150 feet and depths running to 308.31 feet. There is an overage of the size of land sold to Mr. and Mrs. Rakowicz. In terms of area, there is in excess of 45,000 sq. ft. of area in parcel conveyed. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. RWG:mm Robert W. Gillispie, Jr. Chairman C July 23, 1974 Robert W. Gillispie, Jr.~ Chairman Zoning Board of Appeals ~fthe Town of Southold Town Clerk's Office Main Road Southold~ N.Y. 11971 Re: Application of Dalchet Coz?oration Dear Mr. Gillispie: Pursuant to the decision of the Zoning Board of Appeals dated March 28~ 1974, we are enclosing herewith three (3) copies of survey recently prepared by Roderick Van Tuyl setting forth all of the corporation's property as of July 18~ 1974~ including the delineation of the lot which is to be set off for sale to James and Georgeanna Fogarty. Please note that while the survey is dated July 18~ 1974, it constitutes all of the corporation's property as it existed as of May 2~ 1974. We trust that your receipt of the enclosed three copies of survey will constitute full compliance with the condition enumer- ated in Subdivision 1 of the Resolution of the Board. Your acknowledgment of this fact would be most helpful, particularly in the light of the fact that the mortgagee granting the mortgage loan tm the Fogartys will undoubtedly want to be assur~,H that the conditions imposed by the Board have been fulfilled by the applicant. Thanking you for all courtesies extended in this matter. ~~e J. Cron RJC/jf Enclosures APPEAL BOARD MEMBERS Robert W. Gilllspie, Jr., Chairm~n Robert Bergen Charles Origonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of'Appeals .qDUTHnLD, L. I., N.Y. 119'71 Tzlcphone 765-g660 May 21, 1976 Richard J. Cron, Esq. Main Road Cutchogue, N. Y. 11935 Re: Datchet Corporation tO Rakowicz Dear Mr. Cron: At a regular meeting of the Southold Town Board of Appeals held on May 20, 1976 IT WAS RESOLVED that the Southold Town Board of Appeals GRANT approval of the sale made to Stanley M. and Barbara Rakowicz on January 19, 1976. After investigation it was noted that the parcel set off consists of front and rear frontages of 150 feet and depths running to 308.31 feet. There is an overage of the size of land sold to Mr. and Mrs. Rakowicz. In terms of area, there is in excess of 45,000 sq. ft. of area in parcel conveyed. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Yours truly, RWG:mm Robert W. Gillispie, Jr. Chairman 516 7~4-5100 May 6, 1976 Robert W. Gillispie, Jr. Chairman, Zoning Board of Appeals Southold, New York 11971 Re: Dalchet Corporation to Rakowicz Dear Mr. Gillispie: On January 19, 1976, the Dalchet Corporation conveyed to one Stanley M. and Barbara Rakowicz a parcel of land fronting on Harbor Lane, Cutchogue, New York. The land conveyed is that parcel shown in the enclosed photocopy of survey. It has now come to our attention that application should have been made to your Board for the approval of the sale of this parcel of land to Mr. and Mrs. Rakowicz. The reason for such rests in the condition imposed by)our Board when granting an area var- iance on the conveyance from Dalchet to Fogarty of the parcel situate at Main Road, Cutchogue, New York. Please be assured that the conveyance to Rakowicz was effect- ed without any intent to circumvent the previous ruling of your Board. The condition of approval required by your Board was com- pletely and inadvertently overlooked in this entire transaction. In any event, we trust that we might secure a letter of approval from your Board particularly in the light of the fact that the parcel set off to Mr. and Mrs. Rakowicz consists of both front and rear frontages of 150 feet and depths running to 308.31 feet. Thus, in terms of area there is in excess of 45,000 sq.ft. of area in the parcel conveyed. If this conveyance meets with your approval, we should appre- ciate receiving from you a letter to such effect at the earliest possible date. Thanking you for your courtesies exten/~ .' "" ' ~i April 29, 1974 Francis J. Yakaboski, Esq. Smith, Tasker & Finkelstein P. O. Box 389 Riverhead, N. Y. 11901 Dear Mr. Yakaboski: The rehearing on Dalohet Corporation vs. Southold will be held at 7:45 P.M. on May 2, 1974. We will b~ happy to have you attend if it is convenient to you. Yours very truly, Robert W. Gillispie, Jr. RWG:~m Chairman ~ August 6, 1974 Richard J. Cron, Esq. Main Road Cutchogue, N. Y. 11935 Res Application of Dalohet corporation Dear Mr. Cron= This will acknowledge receipt of your letter dated July 23, 1974 enclosing three copies of survey, prepared by Ro~erick Van Tuyl, relating to Application No. 1809, Dalchet Corporation. Our receipt of the three copies of survey con- stitutes full compliance with the condition enumerated in Subdivision 1 of the Action of the Board of Appeals on Appeal No. 1809 at Rehearing held on May 2, 1974. Sincerely, RWG~mm Robert W. Gillispie, Jr. Chairman May 11, 1976 Richard Cron, Esq. Main Road Cutchogue, N. Y. 11935 Dear Mr. Cron~ Re: Dalchet Corp. Appeal No. 1809 Thank you for your letter of May 6, 1976. It appears from the survey that the land conveyed to Rakowicz was properly conveyed. However, we will bring this matter to the attention of the full Board on the evening of May 20, 1976. Yours very truly, RWG~mm Robert W. Gillispie, Jr., Chairman April 5, 1974 Francis J. Yakaboski, Esq. Smith, Tasker & Finkelstein 456 Grilling Avenue Box 389 Riverhead, N. Y. 11901 Dear Mr. Yakaboski= Re= Dalchet Cor~oration We are tentatively soheduling a rehearing of the above application for the evening of May 2, 1974. Should it be necessary to ask you to appear at the hearing, we will advise you in ample time. Yours very truly, Robert W. Gillispie, Jr. RWG:mm Chairman April 11, 1974 Francis J. Yakaboski, Esq. Smith, Tasker & Finkelstein 456 Griffing Avenue P. O. Box 389 Riverhead, N. Y. 11901 Dear Mr. Yakaboski= Re= Dalchet Corp. v. Southold We are scheduling a rehearing of the above application for ?~45 P.M., May 2, 1974. Mr. Cron has been notified by telephone and will receive a copy of the legal notice of hearing at the time it is sent to the official newspapers, The Suffolk Weekly Times and the Long Island Traveler-Mattituck Watchman. Yours very truly, Robert W. Gillispie, Jr. RWG=mm Chairman SHORT FORM ORDER Hon SUPREME COURT - STATE OF NEW YORK ]~/SPECIAL TERM, PART 1. - SUFFOLK COUNTY MOTION DATE INDEX ~o. 1~56 ~ 7'3 In %he Matter of D~ CORPORATION, Petitioner, RO~ W. GILLISPIE, JR., ROBERT L. BERGEN, :FR~..n HULSE, JR., CHARLE~ GRIGONIS, JR. and S~RGE ~, constl~tl~ the ZO~ ~ OF ~P~ O~ ~ T0~ OF SO,OLD, Respondents. MOTION NO. TRIAL CAL. NO. TF'S/FET S ~TTY: Main Street (Road) Cutchogue, lq. Y. 11935 By: S~ F. ~, ~ Grlf~ Ave. The follo~ving papers numbered 1 to ~ read on this motion Notice of Motion/~,~j~.aj~ Answering Affidavits Affidavit~ Filed Papers iPAPERSNUMBERED 1 3 Pleadings-Exhibit-Stipulation Briefs: Plaintiff's/Petitioner's De fendant's/Respondent's Upon the foregoing papers (and after hearing counsel for and opposed to motion) it is ordered that this motion bv net~_~/3r~r, ~'t~ ~"',~n~l~,~,~,~',~ ,q~ r,,~*~ of this Court dated October 30, 1973 is hereby vacated. The Respondents den:l, ed Petitioner, s application for an area variance. The Court, after hearing arguments on this application is of the opinion that the Respondent Board was not given all of the facts on which to base its opinion. This Court does not wish to substitute its Judgment for that of the Respondent Bo~d and hhis matter is thcr.~fore remanded to the said Board for a new hearing. ..~0-.'~. 7..4- ./ DALCI"tE-T CCDt~I'CDt~,&TIC~ )N