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HomeMy WebLinkAbout1821 TOWS OF SOUTaOLD, NrW YO~K D^T~ .~...g~..~.~.. 30,1973 Decision: Oct. 11~ 1973 ACTION OF THE ZO~G BOARD OF APPEALS Appeal No. 1821 Dated August 6, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Arthur J. Bujnowsk~ 6 Shrryhill Place ~ Huntington, New York Appellant Public Hearing: at a meeting of the Zoning Board of Appeals on Aug. 30, 1973 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access W property ( ) Request for a special exception under the Zoning Ordinance ( ~O Request for a variance to the Zonin~ Ordinance ( ) Decision: Oct. 11,1973 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 o~ t~e ~Bailding Inspector'( ) be reversed ( ) be confirmed because 8:/~O P.M. (E.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~.900-/~6, 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; south by Leslie Road; west by A. Krupski. Fee paid $15.OO. · 2. VARIANCE. By resolution of the Board ~t was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSEA 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 SEE REVERSE (would not) and therefore, it was i~aer determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. EWRSE APPROVED FORM ZB4 Cli~rman u0am u pt, ,~ \t..' . .! x Mar,_lor:re McDermott, Secretary After investigation and inspection the Board finds that the applicant purchased a farm of approximately 32 acres on the south side of Main Road, Route 25, Peconic~ New York, in January of 1972, and requests a variance for permission for storage of two antique airplanes thereon; as well as permission to operate an airfield for personal use by the applicant in connection with a third plane owned by the applicant, a 1946 Piper Cub of 65 H.P. requiring 200' to 300' to take off with a climb rate of 650 feet a minute, limited to April to September inclusive seasonal use. The applicant's farm is currently leased for use as a sod farm with permission from the lessee to use part of the approximately 3,000 foot long farm as an airstrip. So far as the Board is able to determine, there are only two other personal airstrips in use in the Town, both of which predated the original Zoning Ordinance of 1957 and are regarded as a non-conforming use. The original Zoning Ordinance as adopted on April 9, 1957 made no provision for airfields. However~ the Ordinance, as amended on November 23, 1971, provided for airports and airfields in the "C-i" General Industrial District, Article IX, A, 47 by Special Exception of the Board of Appeals; and subject to site plan approval by the Planning Board. The ~)ard notes in Ward v. Gray 343 N.Y.S. 2d 749 that a helipad is not an "accessory" use within a Zoning resolution unless expressly so stated. Ward v. Gray also examines-the, meaning of "incidental" when used to define an accessory use,-stating that "incidental" when used to define an accessory use must also incorporate the concept of reqsonable relationship withthe primary use - in this~ case, a sod farm. Nor is it a "customary" use. Private airstrips are. progibitedin all districts of the Tow~ of Southampton, although limited airfields are permitted in Heavy Industrial Zone. Babylon and Brookhaven permit airports in General Business Zone and J.2 Business Zone, respectively, by Special Exception. Islip and Huntington make no provision for airfields. Riverhead permits airports in "A" Residential, "A" Light Industrial, and "B" General Industrial by special use permit of the Town Board. The applicant's proposal, in our opinion, constitutes an aiz~ort as defined in Section 240 of the General Business Law and, s.s such, would be governed by Section 249 requirements. Section 240 definition: Airport means any landing area used regularly by air- craft for receiving or discharging passengers or cargo; or for the landing and take-off of aircraft being used for personal or training purposes. In the opinion of this Board, the applicant has ad airport as defined above, and we are persuaded that an airport is not a customary and permitted accessory use of "A" Residential and Agriculture Zone property in the Town of Southold; that to permit such a use by means of a variance would usurp the legislative function of the Town Board which can, if it wishes, permit such a use in the "A" Zone by amending the Ordinance. The proposed storage on the premises of several antique airplanes owned by the applicant is a use of the property which does not affect the public interest and is a use which is accessory and incidental, though perhaps not customary. In reaching these conclusions~ the Board consulted with Mr. Arthur Bujnowski, the applicant; The Suffolk County Planning Commission; Southold Town Board; Robert Tasker, Esq., legal counsel of the Town of Southold; made investigations of other Ordinances in Suffolk County; and the decision of Ward v. Gray. Arthur J. Bujnowski -2- Appeal No. 1821 The Board finds that strict application 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, Arthur J. Bujnowski, 6 Surryhill Place, Huntington, New York, be DENIED permission to operate an airfield in "A" Zone District, located on the south side of Main Road, Peoonic, New York, as applied for, for the reasons stated. The Southold Town Board of Appeals sets November 15, 1973, as the date at which time all flying activities must cease. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, Grigonis, TOWN OF SOUTHOLD~ NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. Dated ACTION OF THE ZONING BOARD OF APPEALS O~ THE TOWN OF SOUTHOLD To DATE ....................... Appellant at a m,eeting of the Zoning Beard of Appeals on was considered and the action indicated below was taken on your ) Request for variance due to lack of access to preperty ) Request for a special exception under~ the Zoning Ordinance ) Request for a variance to the Zoning Ordinance )' the appeal 1. SPECIAI.~ 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 Qrdinance and the decision of ~he Building Inspector ( ) be rever,,;ed ( ) be confirmed because 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (b) The hardship created (is) (is not) umque and (would) (would not) be shared by a!(1 properties alike in the immediate vicinity of this property and in the same use distric~ because (c) 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. /~d~ ~'~' /~7'l ZONING BOARD OF APPEALS ~RM Z~ . 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 Aopeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on August 30~ 1973, on the following appeals: 7:~5 P.M.. (E.D.S.T.), upon application of M.S.T. Construction Corp., Middle Country Road, ~attituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and 30~ for permission to reduce average setback on corner lot. Location of Droperzy: Lot [~2, Saltaire Estates, Mattituck. 7:~ 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'~O~ for oermission to erect part of 6~ fence in front yard area (lot has 3 (three) front yards). Location of property: Lot ~+8, 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 accordance with the Zoning Ordinance, Article III, Section 300 C-2 & Section 302 for permission to have swimming pool in side yard. Location of property: Lots # 27 & 28, Bayside Terrace, Southold. _~gal Notice Page 2 8:25 P.M. (E.D.S.T.), upon application of William Grefe, New Suffolk Avenue~ New Suffolk~ New York~ for a special exception in accordance with the Zoning 0rdinance~ Article IX~ Section 900 as refers to Article VIII, Section 800 B-~ and Article IX Section 900-8 for permission to operate building contractor yard and to manufacture and store concrete products. Location of property: New Suffolk Avenue~ New Suffolk~ bounded north by L.B. Glover~ Jr.: east by Cox Lanes south by B. Harris~ west by L. Glover~ Jr. 8:~0 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 500 CD & Article IX~ Section 900-~6~ for permission to opperate airfield and airplane storage in "A'~ Zone District. Location of property: S/S Main Road~ Peconic bounded n~rth by Main Road; east by P. Wenzel; south by Leslie Road; west by A. Krupski. 9:00 P.M. (E.D.S.T.)~ upon application of Vito Randazzo~ 51+ James Street~ Patchogue~ New York~ for a variance in accordance with the Zoning 0rdinance~ Article III, Section ~O1 and the Bulk Schedule for permission to divide lots with less than required area . Location of property: Lots #3,~ and ~, Cedar Beach Park, Southold. 9:10 P.M. (E.D.S.T.)~ upon application of MattituckoInlet Marina~ Mill Road~ Mattituck, New York~ for a special exception in accordance with the Zoning 0rdinance~ Article VI~ Sec~ion 600 C ii~ & Article XV~ Section l~O1 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, Shore Acres~ west by J. Leo Grande and M.Chudiak. i~ogal Notice Page 3 9:2~ P.M. (E.D.S.T.)~ upon application of Henry Walsh~ Private Road~ Fishers Island~ 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 re- quired area. Location of property: R.O.~. off S/S Ave. B~ Fishers Island bounded north by Lands of Henry Zabohonski & Ahother; east by Jane DuPont$ south by Land of Henry Zabohonski & Another; west 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 II.I~ Section ~O1 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 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 variance in accordance with the Zoning Ordinance~ Article III~ Section 300 C~ &~Article IX~ Section 900-~6 for permission to operate Aireal Spraying service in "A" District. Location of property: N/S of Oregon Road~ Mattltuck~ bounded north by L.I. Sounds east by Rose H. Baer; south by Oregon Road; west ~afic 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, 197~ BY ORDER OF THE SOUTHOLD TOWN BGRD OF APPEALS PLEASE PUBLISH ONCE~ August 23~ 1973~ AND FORWARD TEN (10) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ MAIN ROAD~ SOUTHOLD~ NEW YORK ~OTIC~ n~r,l~s Pursuant tn Section 267 of the Town Law ired the provi~to~s of the Amended Buil~ng 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 Soutbeld, 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, Mattitack, 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 305 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. 6:10 P.M. (E.D.S.T.), upon application of Edward Cielatka, Summit Roadl Southold, New York, for a variance in ac- cordance with the Zoning Or- dinunce, 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-4, 3 and Ar- tides IX Section 900-8 for per- mission to operate building contractor yard and to munufactare 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. Ha~:ris; West by 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 94}0-46, 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; south by Leslie Road; west by A. Krupski. __ ~. 9:00 P.M. (E.D.S.T.)~ upon pplication of Viin Randazzo, 54 James Street, Patcbegue, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301 and the Balk 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 Mattituck 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, Shore 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 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. Location of property: R.O.W. off S-S Ave. B, Fishers Ialand bounded north by Lands of Henry Zabehonski & 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 Schedule 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 90046 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 BOARD OF APPEALS ? SUFFOLK. ] NEW YORK, ? ss: ~.t.~t~.~ .~, .Dgrmap ............ being duly Sworn, we... is Printer and Publisher of the SUFFOLK IMES, a newspaper published at Greenport, in said that the notice, of which the annexed is u printed ~een published in the said Suffolk Weekly Times t~ week, ~ox ..... .o.n? ................... weeks oommencing on the ...t~nty~l;hJ.~L .......... · .... 19. ~ . .'7....~.... ~..~ ~/~ ~..~/...-:. ~.: :': · ~ · .-:'. ........ efore me this ..~..\ ...... ~.~,].. '~. r'.. ,;/" .':-.>.~-; ,OTI~E OF HEARINGS ~suant to Secti°n .26~ of tl~' wn Law and the provtsi~ms i · ae Amended Building Zone O~ dinance of the Town of Southol~ Suffolk County, New York, put lic hearings will be held by tI~ Zoning Board of Appeals of th Town of 8outhold, at the Tow~ office, Main Road, Southold, Ney Yorl~ on Ausust ~0, 19~3, on tht t,'~licwinl~ appeals: ~:45 P. M. (EDST), upon ap. ca~'.ton of M. S. T. Constrnc-, tion Corp., Middle Countr~Road Mattituck, for a variance ina~, c~dm~ce, with the Zm~ing Ord nonce, Article HI, Section ~ and ~04 for permission to reduc average setback on corner lot Location of property: Lot NO. Saltaire Estates, Mattituck. 7:55 P. M. (EDST), uixm ap- plication of Kenneth Watson, Midland Place, East Marion, New York, for a variance in ~coord- once with the Zonin$ Ordinance, Article ~I, Section S06 for per- mission to erect part of 6' fence in front yard area (lot has (three) front yards.) Location of property: Lot No. 48, Marion Manor, East Marion. 8:10 P. M, (EDSTI, upon ap- plication of Edward Ciclatka, ~unlmlt Road, Southold, New York, for a variance in accord- once with the Zoning Ordinance, Article IH, Section 300 C~2 Section 302 for perml~=ton to have swimming pool in side yard. Location of property: Lots No. 27 & 28, Boyside Terrace, South- old. 8:25 P, M. (EDST), upon ap- plication of William Grefe, New Suffolk Avenue, New Suffolk, New York, for a special ,excep- tion in accordance with the Zon- ing Ordinance, Article IX, Sec- tion 900 as leisrs to Article VIII, Section 800 B-4~ and Ar- ticle 'IX Section 900-8 for per- mission to operate building con- tractor yard and to manufacture and store concrete products. cation of property: New Avenue, New Suffolk, bounded north by L. B. Glarer, Jr.: cas: by Cox Lane; south by B. Hat tis; west by L. Glarer, Jr. M. (EDIT), upon ap' 8:40 P. pltcation of Arthur J, BuJnowski 6 Surryhill Place, Huntington, Blew York, for a variance in ac- cordance with the Zoning Ordi- nance, Article HI, Section 900 C, & Article IX, Section 900-46, for permission to operate air- field and airplane storage in "A" Zone District. Locatim, of property: S/S Main Road, Pc- conic bounded north by Main Road; east by P. Wenzel; south by Leslie Road; west by A. Krup- ski. 9:00 P. M. (EDIT), upon ap- plication of Vita Randa~o, 54 James Street, Patoh~gue, New York, for a variance in accord- ance with the Zoning Ordinance, Article IlL Section 301 and the Bulk Schedule for permission to divid~ lots with less than re- quired area. Location of prop- arty: Lots No. 3, 4, and 5, Ceda:' Beach Park, Southold. 9:10 A, M. (EDST), upon ap- rY OF SUFFOLK ss: OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says ae is the Editor, of THE LONG ISLAND e each week for ....~...~...~..Z..~... weeks/ ely, commencing on the .............. .~..,.~X.~. ....... ...... .... Swor~,)to before me this ....... .~...~... ...... day of IDEI[ P~YNE No 52 roof sign on building. Location of property; W/S of Mattituck Inlet, Mattituck, bounded north by J. R. Holmes; east by Matti- tuck Inlet; south by Lot P. Shore Acres; ~vest by J. Leo Grande and M. Chudlak. 9:25 P. M. (EDST), upon ap- plication of Henry Walsh, Pri- vate Road, Fishers Island, for a variance in accordance with the Zoning Ordinance, Article III, Section 30i 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 Guido Ciacia, Main Road, Greenport, New York, for a variance in accordance with the ~oning Ordinance, Article II1I, Section 301 and the Bulk Sehedule as applies to Article IV, Section 6O0A for permission to set off single lot with less than required area; Location of prop- erty: Lot No. 176, Amended map of Peconic Bay Estate~, /3reen- port, New York. 9:50 P. M. (EDST), upon ap- plication of Brian Lynch, R.D. 1, Box 21E, Mattttuck, for a vari- ance in accordance with the tn~ Ordinance, Article IH, 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, Mattltuck, bounded north by L. I. Sound; east by Rc6e H. Boer; south by Oregon Road; west (3rafic Arts Management Corp. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: AugUSt 1~, 19~J BY ORDER OF SOV'imOLD TOWl~ BOARD OF APPEAL~ plication of Mattituck Inlet iLER - MATTITUCK WATCHMAN, a public news- Marina. Mill Road, Mattltuck, New York, for a special exceptinn printed at Southold~ in Suffolk County; and that in accordance with the Zoning . Ordinance, Artidle VI, Section ,ce of which the annexed is a printed copy, has been 600 C ti, & Article XV, Section d in said Long Island Traveler-Mattituck Watch- 1501 Ior permission to matntain TOWi~i:.-OF~ SOU'~OLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~ile ~o ................................................................... ~ate .......................... .~..0.. ....... . '~-l- .... o b~~.~,~......~,:8,/¢~.~-~, ~, ..... , .... t~...~L~.~ ........ ~/. ..................... ~~':'"~ PLEASE TAKE NOTICE__ ~. ,~thdt your application dated ............. ~ ...... ~ ................ , 19~.~. · · · ~ C~ .~*..~.-. · .¢.-~. [~ .... -~ ...... Street Map ..................~ ............... Bilk ............ ~ ...................... Lot ..........~ ...............................is returned herewith and disapproved on the following grounds ....... ~~..:...~~... ;~.~...r....~..~....~....¢~-:~....:.....A...~...~~ ...~....~,.~..~..~(~.,~~ ........ ~...~.o.....~,~.~.~ ................ / ~uilding Inspector I TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDIrNG INSPECTOR TO THE TON lNG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO, / DATE .%...~:~.~. ..................... Arthur J. Bujnowski of 6 Surryhill Place 1, (We) .............................................................................................................................................. Name of ^ppella,n.t Street and Number .............. ,.~,.~.,,n~..~,..t.,o.,~,. .............................................................. .~...e..w...Z.°..~.k....,HEREBY APPEAL TO Municipolity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL~ING I~SPECTOR ON o. ..: ................................ .......... WHEREBY THE BUILDING INSPECTOR DENIED TO Name.of Applicant for permit of PERMIT TO USE (~L) ( ) Street and Number Municipality State PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..................... ~. ....... ~ ...................................................... ~.~.....~!~.T-~-' N. Main Road Street Use District on Zoning Mop ~; P. Wenzel Leslie Road ~c~o/~ ~ ~ ............................. W';'"I)is~;'"8"I~': ................. Map No. LO~ ~o. Parcel No. 301 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) 3. TYPE OF APPEAL Appeal is made herewith for (2~) A VARIANCE to the Zoning Ordin.ance or Zoning Mop ( ) 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 (h~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such anpeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ()~',.,), A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 Continue on other Side) REASON F(~R APPEAL ..... ~' Continued 1. STRICT APPEICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHtR 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 beca:use of the nature of this isolated and very _ different interest, n_nme!y the mainten:~ne~:Of~ my r~re and histori.enll? ~.?~_n~le ~ique -~plane. CHARACTER OF THE DISTRICT because The Variance would.observe the spirit, of the Ordinance and WOULD NOT CHANGE THE COUNTY OF Suffolk ) : / Sworn to this .......... ~:l;h ................ :::_..-: ....... ~ay of ........... Ali~l~t .............................. 19 ?l~ Qualified h~ Suffolk County No 52-0508300 7/~'~ Commission Expires ~rch 30, I CUTCHOGUE, NEW YORK September Hon. Albert Martocchle, Supervisor Town of Southold 16 South Street Greenport, New York 11944 Deer Mr. Msrtocchlat Members of our Association, es well as our neighbors in adjoining areas, are quite concerned about the possibility of an Installation as outlined In the attached legal notice. ust 2~, the town Said notice was published In the local news media en Aug- IgT5 under "Notice of Hearings" pursuant to section 267 of law relative to building zone ordinances. We are convinced that placing an air strip in this location, where there Is e predominance of dwellings either adjacent to, or within a few hundred yards of the site,1s not feasible. The hazard and nuisance factors accompanying Iow flylng, noisy planes over peoplest homes Is not conducive to acceptable living conditions. Furthermore, It is our understanding that the main reason for granting a variance, according to the zoning regulatlons, is based upon the condition that a hardship exists. It is our con- tention that a hardship Is not Involved In this case and that the application for a variance Is for personal convenience only. Pursuant to the foregoing reasons we strongly oppose any such request for a variance relative to the establishment of this air strip, the negation of which, we feel, will benefit end preserve the way of life in our community and in Southold Town Itself. ery truly ~ours, President TOWN OF SOUTHOLD~'/'/'~ ~ ~ ' L ~"~ ~r ' BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date ................ y._ ................................... ............... owner or authori~z~ agent of owner) (address of owner or authorized agent of owner) ~' PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance Other Applicable Laws, Ordinances-m)Regulations ..,. .......... =ff ....................... . at premises nereina~er aescriDea in that~.Z...~ff.:T ...~..z ...... ~ ......... Z..~f.: ................. ;... '~ ~, ~ ,~ (s~at~haracter of violation) ~'~"-~ ~'~:7'~'~ '~'"'"~~'~ '~ '"" ~" .... ' "~'"-'~ ........................................................................................ t.~::..~:~L~:~:~x~'~:..~...~..~.~j.~.~ in violation of .............................................................................................. (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions ob~ mention~rthwith in or before the ....~9:~.~.:~/. ...... ~. ......................... dayof ...... ..~.....~:.~:Z .......................... ,;Z..~:.. The premises.~to which this ORDER TO REMEDY VIOLATION refers are situated at ~.~/~.' /~..~.~.Z~ ', "...~..~./~...':.:,: ................ ,County of Suffolk, New York. · Fa.ilure to remedy the conditions aforesaid and to comply with the applicable provisions of taw may constitute an offense punishable by fine or impris~)nt or both. / / ..---.-, ....................... 2014.77 ArPlTur J Buj/7o~'31~i Town of $out/~old, u. Y. A