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HomeMy WebLinkAbout1829 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1829 Dated August ] 5, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Guido Ciacia i~,~aln Road Greenport, i,~ew York DATE ~U~U~.t.-.30, 1973 Appellant at a meeting of the Zoning Board of Appeals on ~.U~LtSt 3© , was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1973 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 confirme~ because 9:40 P.,Li. (E.S.T.), upon application of Guido Ciacia, ~,~ia~.n Road, Green~_ort, I~e,~ York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 ~nd the Bulk Schedule as appl.ies to Article IV, Section 600A for permission to set off single lot with less than required area. Location of property: ~ot ~-176, Amended i~lap of Peconic Bay Estates, Greenport, New '.fork. Fee paid $1~.00.. 2. VARIANCE. By resolution of the Board ~t was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE RE ~Sz~ di/ficulties or urmecezsary (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 (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) 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. f~/ ]ZONING BOARD OF APPEALS ~a jori,~ i,~cDermott, Secretary After investigztion and inspection the Board finds that applicant requests permission to set off single lot with less than required area, Lot #176, Amended Gap of Peconic Bay Estates, Greenport, New York. The findings of the Board are that applicant is the owner of a parcel of land which is surrounded by smaller lots and sA unused right of way to the south. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the 0rdinm~ce would produce prsctical 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 neighbor~ood, and will observe the spirit of the Ordinance. T~[EREFORE iT WAS RESOLVED, Guido Ciacia~ Main Road, Greenport, New York, be GRANTED permission to set off single lot with less than required area, Lot ~176, Amended Map of Peconic Bay Estates, Greenport, New York, as applied for. Vote of the Board, Ayes~- ~essrs, Gillispie, Bergen, Hulse, Grigonis. Legal Notice Page 3 9:2~ P.M. (E.D.S.T.), upon application of Henry Walsh~ ?rivate Road~ Fishers Island~ for a variance in accordance with the Zoning 0rdinance~ Article III~ Section 301 and the Bulk Schedule for permission to divide property with less than re- quired area. Location of property: R.0.W. off S/S Ave. B~ Fishers Island bo~uaded north by Lands of Henry Zabohonski & Ahother; eas~ by Jane DuPon~; south by Land of Henry Zabohonski & Another; vest by G. Repanti & Others. 9:~0 P.M. (E.D.S.T.), upon application of Guido Ciacia~ Main Road~ Greenport, New York~ for a variance in accordance with the Zoning Ordinance~Article III~ Section 301 and the Bulk Schedule as applies to Article IV, Section 60OA for permission to set off single lot with less than required area. Location of property: Lot ~ 176, Amended map~of Peconic Bay Estates~ Greenport, New York. 9:~0 P.M.E.D.S.T.)~ upon application of Brian Lynch, R.D.l~ Box 21E~ Mattituck~ for a ~ariance in accordance with the Zoning 0rdinance~ Article III~ Section 300 C~ &~Article IX~ ~ection 900-~6 for permission to operate Aireal Spraying service in "A" District. Location of property: N/S of Oregon Road~ Mattituck~ bounded north by L.I. Sound; east by Rose H. Beer; south by Oregon Road; west ~afic Arts Management Corp. Ah~ PERSON DESIRING TO BE HEARD ON THE ABOVE APPLICATIONS SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPECIFIED. Dated: August 17~ 197~ BY ORDER OF THE SOUTHOLD TOWN BGRD OF APPEALS PLEASE PUBLISH ONCE~ August 23, 197~, AND FORWARD TEN (10) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ MAIN ROAD, SOUTHOLD~ NEW YORK NOTICE OF HEARINGS N(YrICE IS It~EBY GIVEN that pursuant to Section US of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Office, Main Road, South- old, New York, in said Town on the 28th day of-August, 19~, at '/:30 o'clock in the evening of said day, on the question of pre- llmt~ary approval of the follow- Lng plat: Plat of property owned by P. J. Ventures, entitled '%tttle Neck Properties", consisting of a par- cel of land situated at East Cut- tlon Corp., Middle Country ROad, Mattituck, for a variance in ac- cord~nce- with the~ Zonin~ Ordl~ nance, Article III, Section 308 and ~04 for permission to reduce avernge setback un corner lot. Location of property: Lot No. 8aitaire Estates, Mattitucl~ ?:55 p. M. (EDST) upon ap- pllcatiun of Kenneth Watson, Mldiond Place, East Marion, New York, for a variance in accord- ance with the Zoning Ordinance, Article HI, Sectlun 806 for per- mission to e~ct Part of 8' fence in front yard area flor has fthree) front yards.) Location of property: Lot No. 48, Marion Manor, East Marion. 8:10 P. M. (EDSTL upon ap- plication of Edward Clelatka. Summit Road, Southold, New York, for a variones in accord- ance with the Zoning Ordinance. Article III, Section 309 C-3 & Section 302 for permission to have swimming pool in side yard. Looatlon of property: Lots No. 87 & 30, Bayside Terrace, ~Outh. old. pllcatlon of William Grefe, New Suffolk Avenue, New Suffolk. New York. for a special ~xcep- tion in accordance with the lng Ordinance, Art!cis IX. Sec- VIII, Section $00 B-4,3 and Ar- ticle IX Section 900-0 for per- m~ion to operate building con- tractor yard and to manufacture and store concrete products. Lo- cation of property: New ,Tuffolk Avenue, New Suffolk, bounded north by L. B. Giover, Jr.: east by Cox Lane; south by B. Bar- ris; west by L. Glover, Jr. 3:40 p. M. fEDSTL upen ap- plication of Arthur J. BuJnowskl, 0 Surryhlll Place, Huntington, New York, for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Section 800 C, & Article IX, Section 900-46, for permission to operate air- field and airplane storage in "A' Zone District. Location of property: S/S Main Road, conic bounded north by Main Road; east by P. Wenzel; south by Leslie Road; west ,by A. Krupo pllcatlon of Vlto Randaszo, 54 York, for a variance in accord- ance with the Zoning Ordinance, '~'lcle III, Section 301 and the : SChedule for permission to d~vlde lots with less than re- quired area. ~ocation of prop- erty: Lots NO. 3, 4, and 5, Ceda? Beach Park, Southold. 9:10 A. M. (EDST), upon ap- plication of Mattituck inlet Marina. Mill Road, Mattltuck, New York, for a special exception in accordance with the Zoning Ordinance, ArtiCle VI, Section 600 C il, & Article XV, Section 1501 for permission to maintain roof sign on building. Location of property; W/S of Mattituck Inlet, Mattltuck. bounded north by J. R.'Holmes; east by Matt/- tuck Inlet; south by Lot P. Shore Acres; west by J. Leo Grande and M. Chudiak. 9:25 P. M. iEDST}, upon ap- plication of Henry Walsh, Pti. rate Road, Fishers I~land, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Sched- ule for Permission to divide property with less than required area. Location of property: R.O.W. off S/S Ave. B, Pishers Island bounded north by Lands of Henry Zabohonski & Another: east by Jane DuPont; south by Land of Henry Zabohonski & Another; west by G. Repanti . Others. 9:40 P. M. (EDST), upon ap- plication of Onido Clacla, Main Road, Oreenport, New York, for a variance in accordance with the Zoning Ordinance, Article IIII, Section 301 and the Bulk Schedule as applies to Article IV. Section 600A for permission to set off single lot with less than required area. Location of prop- erty: LOt NO. 176, Amended map of Peconic Bay Estates, Green- port, New York. 9:50 p. M. (EDST), upon ap- plication of Brian Lynch, R.D. Box 21E, Mattttuck, for a vari- ance in accordance with the Zon- ing Ordinance, Article III, Sec- tion 300 C, & Article IX. Sec- tion 900-46 for permission to operate Aerial Spraying service in "A" District. Location of property: N/S of Oregon Road. Mattituck, bounded north by L Sound; east ~y Rese H. Baer; south by Oregon Road; west Graflc Arts Management Corp. Any person desiring in be heard on the above applications should appear at the time and place above specified. Dated: August 17, 197S B~ ORDER 01= SOu'i'nOLD TOWN BOARD O1= APPEAI~ 1T---8-2~ ~UFFOLK i, ss: :'W YORK j Vhitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND VtATTITUCK WATCHMAN, a public news- at Southold, in Suffolk County; ond that hich the annexed is a printed copy, has been aid Long Island Traveler-Mattituck Watch- h week for ..... ~...L~......d/.,~... week~ ommencing on the ............... ~....~...~.... ..... ...... rn to before me this ....... ~...~ ........ day of ,, Notar~ Public ~ ...... I/NOTICE OF HEARINGS Pm~sunnt to ~ctian ~67 of the Town Law a~d the provinions 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 August 30, 1973, on the following appeals: 7:45 P.M. (E.D.S.T.), upon application of M.S.T. Con- struction Corp., Middle Country Road, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and 304 for permission to reduce average setback on corner lot. Location of property: Lot No. 2, Saltaire Estates, Mattituck. 7:55 P.M. (E.D.S.T.), upon application of Kenneth Watson, Midland Place, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 31~ for permission to erect part of 6' fence in front yard area (lot has 3 (three) front yards). Location of property: Lot No. 48, Marion Manor, East Marion. 8:10 P.M. (E.D.S.T.), upon application of Edward Cielatka, Summit Road, Southold, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 300 C-2 & Section 302 for permission to have swimming pool in side yard. Location of property: Lots No. 27 & 28, Bayside Terrace, Southold. 8:25 P.M. (E.D.S.T.), upon application of William Grefe, New Suffolk Avenue, New Suf- folk, New York, for a special exception in accordance with the Zoning Ordinance, Article IX, Section 900 as refers to Article VIII, Section 800 B~I, 3 and Ar- ticles IX Section 900-8 for per- mission to operate building contractor yard and to manufacture and store concrete products. Location of property: New Suffolk Avenue, New Suf- folk, bounded north by L.B. Glover, Jr.: east by Cox Lane, south by B. Harris; west I~y L. Glover, Jr. 8:40 P.M. (E.D.S.T.), upon application of Arthur J. Bujnowski, 6 Surryhill Place, Huntington, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C, & Article IX, Section 90046, for permission to operate airfield and airplane storage in "A" Zone District. Location of property: S-S Main Road, Peconic bounded north by Main Road; east by P. Wenzel; ;unth by Leslie Road; west by A. 9:00 P.M. (E.D.S.T.), upon application of Vito Randazzo, 54 James Street, Patchogue, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301 and the Bulk Schedule for per- mission to divide lots with less than required area. Location of property: Lots No. 3, 4, and 5, Cedar Beach Park, Southold. 9:10 P.M. (E.D.S.T.), upon application of Matfituck Inlet Marina, Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article VI, Section 600 C ii, & Article XV, Section 1501 for permission to maintain roof sign on building. Location of property: W-S of Mattituck Inlet, Mattituck, bounded north by J.R. Holmes; east by Mattituck Inlet; south by Lot P, Shorn Acres; west by J. Leo Grande and M. Chudiak. 9:25 P.M. (E.D.S.T.), upon application of Henry Walsh, Private Road, Fishers Island, for a varianc~ in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area. Location of property: R.O.W. off S-S Ave. B, Fishers Ialand bounded north by Lands of Henry Zabohonski & Another; east by Jane DuPont; south by Land of Henry Zabohonski & Another; west by G. Repanti & Others. 9:40 P.M. (E.D.S.T.), upon application of Guido Ciacia, Main Road, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Scheduie as applies to Article IV, Section 600A for permission to set off single lot with less than required area. Location of property: Lot No. 176, Amended map of Peconic Bay Estates, Greenport, New York. 9:50 P.M. (E.D.S.T.), upon application of Brian Lynch, R.D. 1, Box 21E, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C, & Article IX, Section 900-46 for permission to operate Aireal Spraying service in "A" District. Location of property: N-S of Oregon Road, Mattituck, bounded north by L.I. Sound; east by Rose 'H. Bear; south by Oregon Road; west Grafic Arts Management Corp. ANY PERSON DESIRING TO BE HEARD ON THE ABOVE APPLICATIONS SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPECIFIED. Dated: August 17, 1973 BY ORDER OF THE SOUTHOLD TOWN fTY OF SUFFOLK, I E OF NEW YORK, ~ss: ~;'aa~..~....~o.r.~.O~ ................ being duly Sworn, :hat .... he. is Printer and Publisher of the SUFFOLK [LY TIMES, a newspaper published ~r~ Greenport, in s~id gl and ~hat the notice, of which the annexed is a printed h~s been published in the s~d Suffolk Weekly Times .n each week, f~r .... Q2~ .................... weeks ssiv~ly commencing on ~he ...t~.ent~-.third ........... f .... :,/:,. :: ............. ~f .. ~...~ ...../ ......19~._~.-[ ..4 / / :'/ TOWN OF SOUTHOLD BUILDING DEPA-RTJ~EI'4T TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ............................................ ~Y~.~ ........................................................ ....... C~:.: .............................................. PLEASE TAKE NOTICE that your application dated .......... ~.....~/..~..~... ............. , 19.~...~.... f~ permit to c~t ~.¢r~..~.~..~......at thepremiseslocotedat.....~.~.~....~ ..~.~:,:~...~.....~ ................... Street ~ disapproved on the following grounds .:..~.~.....~. ..~~ ....... ..¢..~,..~.....~.~.....~-~.. ........ ~.~.~ TOWN OF SOUTHOLD, NEW YORK APPEAL: FROM DEG}SION OF BUILDING INSP_CTOR APPEAL NO. DATE ...~..7.. !...~...L?....~., ( ) ( ) TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. !,'(We) ~....~..~m~.~)...C/,~.CJ./~...~'Z,...~., .~...of ....~..~.~/../~..~...~...~.~.4..,:'~. ...... ~ ................. t~am of AppeJla,n} Street and Number ..... ~..,~..~'.~..~,,,~:~.~,~.,'~/.. ............ ~...[.~, ........................ J~).~..~',, ......... HEREBY APPEAL TO Municipality State ~ ~/~PECTOR ON THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE. BUlL G APPLICATION FOR PERMIT NO ...............-' ..................... DATED .........~'~' ';~'T~[..~./....y...,~. .............. WHEREBY THE BUILDING INSPECTOR DENIED TO ...~..u.z~..~....~.z~r. cz,~...~ ...~...~ ....... Name of Applicant for permit of /:-~'.~z~......~ ~.,&. ~ ............ ~.~.c~..~..P...~.g.~. ............ ~.~., ............ Street and Number Municipality State PERMIT TO USE PERMIT FOR- OCCUPANCY 1 LOCATION OF THE PROPERTY .~...~..,/L~, ,,,./~.L~. ....... .~..~...~.~....~... ....................................... Street Use District on Zoning Map .~ ,~.. ~.~..4z./.~......~..~....~...$....C~..T...~.~.. ag No. Lot No, . PROVISION (S) OF THE ZONING ORDINANCE AI~PEALED (Indicate the Article Section, Sub- section and Paragraph °' the Z°ning Ordinance -b'~er' D~-n°'~t--~qu°tT~t~Ordi'nance')4c'''~ , ~ ~, TYPE OF APPEAL Appeal is made herewith for 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 (4~J~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ( ;~ A Variance to the Zoning Ordinance is requested ~or the reason that ,,~/ ~-~" ~ j 7~ ]Mom ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ ~ ~ ~ ~ ~.~ ~.~ ? 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because - ~.~.~. ,.-~. _J ~ 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ..... ~ ,/~ ~ :. STATE OF NEW YORK ) ss ~OU~-i~' OF: :~,-' ~:: ,_ ~_ '~ .. S'o ot Sworn to this .............................................. day of..' ..................................................... Notary Public