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TO~N OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOAKD OF APPEALS
Appeal No. 1885 Dated March 11, 1974
ACTION OF TH~ ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD
To Gasper Pisacano
Cedar Beach Road
Southold, New York
1974
Appellant
at a meeting of the Zoning Board of Appeals on Apr il 11, 1974
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
( ~ Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 8100 P.M. (E.D.S.T.), upon application of Gasper Pisacano,
Cedar Beach Road, Southold, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-30, 100-31 and
Bulk Schedule for permission to redivide property with insufficient
area. Location of property: Cedar Beach Road, Paradise Point Road,
Southold, New York, bounded north by A. Weymouth II; east by E.
Heacock & Wf; south by Cedar Beach Road; west by Paradise Point
Road. Fee paid $15.00.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
SEE REVERSE
practical difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(c) The variance (does) (does not) observe the sp~it 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 (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied and
After investigation and inspection the Board finds that
applicant requests permission to redivide property with insufficient
area located at Cedar Beach Road, Paradise Point Road, Southold,
New York. The findings of the Board are that applicant has complied
with the requirements of the Planning Board. The Board agrees with
the reasoning of the applicant.
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hardship
created is unique and would not be shared by all properties alike
in the immediate vicinity of this property and in the same use
district; and the variance will not change the character of the
neighborhood, and will observe the spirit of the Ordinance.
THEREFORE IT WAS RESOLVED, Gasper Pisacano, Cedar Beach Road,
Southold, New York, be GRANTED permission to redivide property with
insufficient area located at Cedar Beach Road, Paradise Point Road,
Southold, New York, as applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis.
L~NOTICE
Notice of Hearings
~rsuant to Section 267 of the To~ Law and the provisions
of the ~ended Building Zone Ordinance of the To~n of
Suffolk County, New York, ~ablic hearinge will be held by the
Zoning Board of Appeals of the Town of Southold~ at the
Office~ F~in Road~ Scuthotd~ New York, on April i1~ 1974
th~ foiio~ing
and Linda J~ ~ee!er, 3500 ~isseau Aven~e, S~uthoid~ N~ York~
for a variance in aocor~c~ ~ith ~he ~oning Ordin~ce~ Article
itI~ Section I00-30~ 100-3i and Bulk Schedule for p~ission
to divide lot w~th insufficient width and area~ Loca~n of
property: east side of Boisseau Avenue~ ~nded north by
J. Carroll & Ano.; east by J. C~roll & Ye~=ecott Perk;
~0O P.~ (E~D.S~T~) upon application of ~sper Pisacano~
Cedar Beach Road~ $outhoid~ ~{e~ York~ for a v~iance in
ao~T~anoa with ~e ZonLng Ordi~nce~ ~ticle III~ S~ction
100-3Q~ 100-31 and ~ulk Sched~ale for pe~ission to red,vide
property with insufficient ~ea~ ~cation of property=
Cedar Beach Road~ Paradise Po~t P. oad~ Southo!d~ New York=
~unded north by A~ We~outh iI~ east by E. Heacock &
sou~h by Cedar Beach Road~ ~west by ParRdise Point Road.
~in ~ad~ Orien%~ ~ew York~ for a sp~ciat ex=eption in
accord~ce wi~% the Zoning OrdL%ancs~ ~ticte IiI~ Sec%ion
100-30 B 8 (a)~ for pe~ssion to operate fa~ labor
~nded north by ~ain ~ad~ east by ~er~ Estate~ south by
~l~y~
Box 10~ Main Road~ Mattituck$ New ~erk~ for a varis_nce in
C (3) (b) (i) to maintain sign of excessive siza~ Location
of proper~y= ?055 Main Read~ bound~d on ~he north by Lc~g Island
in a¢~ordanc~ ~ith the Zoning Ordin~u%~®~ Article III~
present ministry ~o include a youth ~stel. Location of property:
W~ A. ~aiser~ east by C~ Sanders & C~ Born~ south by County Boa~
27~ west b~- J~
should appe~_r at t~he tL~ and ~!ace above specified.
BY ORDER OF THE EOUTHOLD
TO~z~N BOARD OF ~J~PEALS
PUBLISH ONCE~ April 4~ 1974~ ~ND FORWARD NISr~ (9)
A~FIDAVITS OF PUBLICATION TO T~E S0UT~OLD TOW~ BOARD OF
APP~ALS~ MAIN ROAD, ~OU~.OLD~ N~ YOR~
Copies Sent tO the following on M~rch 2~ 1974~
Th~ S=ff~ik We~kiy Time~
The LOng Is~d Trave!er-Matt£tuek Watchman
Mary $~ & Lin~ J. Wheeler/Lefferts P. Edson~ Esq.
Gasper Pisacano/Gottlleb Nickles
Lloyd E. Terry
George L. Per~y Iv
Harvey F. Bagshaw
North Pork Baptist Church
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 Ro~d, South-
old, New York, on April 11, 1974 on
the following appeals:
7:45 PM (E.D.S.T.) upon applica-
tion of Mary E. Wheeler and Linda J.
Wheeler, 3500 Boisseau Avenue,
Southold, New York, for a variance
in accordance with the Zoning Ord-
inance, Article 111, Section 100-30,
100-31 and Bulk Schedule for per-
mission to divide lot with insufficient
width and area. Location of property;
east side of Boisseau Avenue,
bounded north by J. Carroll &Ano.;
east by J. Carroll & Yennecott Park;
south by Yennecott Park; west by
Boisseau Avenue. --
8:00 PM (E.D.S.T.) upon applica-
tion of Gasper Pisacano, Cedar
Beach Road, Southold, New York,
for a variance in accordance with the
Zoning Ordinance, Article II1, Sec-
tion 100-30, 100-31 and Bulk Sched-
ule for permission to redivide prop-
erty with insufficient area. Location
of property: Cedar Beach Road,
Paradise Point Road, Southold, New
York, bounded north by A. Wey-
mouth Il; east by E. Heacock -- Wf;
south by Cedar Beach Ro&d; west hy
Paradise Point Road.' ~
8:15 PM (E.D.S.T.) upon applica-
tion of Lloyd Terry, Main Road,
Orient, New York, for a special ex-
ception in accordance with the Zon-
ing Ordinance, Article III, Section
100-30 B 8 (a), for permission to op-
erate farm labor camp. Location of
property: south side Main Road,
Orient, New York, bounded north by
Main Road; east by Terry Estate;
south by Terry Estate; west by Ed-
ward Latham.
8:30 PM (E.D.S.T.) upon applica-
tion of George L. Penny IV, Sound
View Avenue, Southold, New York,
for a variance due to lack of access,
Town Law, Sec. 280A. Sub 3, for ap-
,proval of a~cesg to interior 1o1~. Loca-
tion oJ' property: south side Soul~d
View Avenue, Southold, bounded
north by Sound View Avenue; east
by D. R. Grattan; south by D. R.
Grattan; west by Robert Bayley.
8:45 PM (E.D.S.T.) upon applica-
tion of Paul & Michele Cusumano.
Fleetwood Road, Cutchogue, New
York, for a variance in accordance
with the Zoning Ordinance, Article
111, Section 100-31 and Bulk Schedule
for permission to use existing struc-
ture for additional living space with
insufficient sideyard. Location of
property: Fleetwood Road, Cut-
chogue, New York, bounded on the
north by Fleetwood Road; east by
Fleetwood Road; south by E. Han-
sen; west by H. Meyer.
9:00 PM {E.D.S.T.) upon applica-
tion of Edwin W. Stewart. 20 Carole
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
C. Whitney Booth, Jr., being duly sworn, soys
that he is the Editor, of THE LONG ISLAND
TRAVELER - MATTITUCK 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 Traveler-Mattituck Watch-
man once each week for ...... {~.~.-..~;~'~.~....:.~./...~.. week~
successively, commencing on the ............... ,~ ....... ~'i ..........
day of ...... ~'r:~',,; ,.f..~N~ ...... , 19~.~... __
Sworn to before me this ~' '~'~
........................ day of
........ ~..,~.. ..... .'~4,.--~....., 19.
......... .............
~o~ ~ /
r NOTICE OF HEARINGS
~ Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Soulhold, 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, Seuthold,
New York, on April 11, 1974 on the
following appeals:
7:45 P.M. (E.D.S.T.) upon
application of Mary E. Wheeler
and Linda J. Wheeler, 3500
Bulsseau Avenue, Southuld, New
York, for a variance in ac-
cordance with the Zoning
dinance, Article III, Section
30~ 100-31 and Bulk Schedule for
permission to divide lot with
insufficient width and area.
Location of property: east side of
Boissoau Avenue, bounded north
by J. Carroll and another; east by
J. Carroll and Yennecutt Park;
south by Yennerott Park; west
by Boissoau Avenue.
~ B:00 P.M. (E.D.S.T.) upon~
application of Gasper Pisocano,
Cedar Beach Road, Suuthold,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III, Section
10030, 100-31 and Bulk Schedule
for permission to redivide
property with insufficient area.
Location of property: Cedar
Beach Road, Paradise Point
Road, Southold, New York,
bounded north by A. Weymouth
II; east by E. Heacock and wife;
south by Cedar Beach Road; west
by Paradise Point Road.
8:15 P.M. (E.D.S.T.) upon
application of Lloyd Terry, Main
Road, Orient, New York, for a
special exception in accordance
with the Zoning Ordinance,
Article III, Section 100-30 B 8 (a),
for permission to operate farm
labor camp. Location of
property: south side Main Road,
Orient, New York, bounded north
by Main Road; east by Terry
Estate; south by Terry Estate;
west by Edward Latham.
9:30 P.M. (E.D.S.T.) upon
application of George L. Penny
IV, Sound View Avenue,
Suuthold, New York, for a
variance due to lack of access,
Town Law, Section 280A, Sub 3,
for approval of access to interior
lot. Location of property: south
side Sound View Avenue,
Southold, bounded north by
Sound View Avenue; east by D.R.
Grattan; south by D.R. Grattan;
west by Robert Bayley.
8:45 P.M. (E.D.S.T.) upon
application of Paul and Michele
Cusumaun, Fleetwood Road,
Cutchogue, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-31 and Bulk Schedule
for permission to use existing
structure for additional living
space with insufficient sideyard.
Location of property: Fleetwood
Road, Cutchogue, New York,
bounded on the north by Fleet-
wood Road; east by Fleetwood
Road; south by E. Hansen; west
by H. Meyer.
9:00 P.M. (E.D.S.T.) upon
application of Edwin W. Stewart,
20 Carole Road, Southold, New
York, for a variance in ac-
curdance with the Zoning Or-
dinance, Chapter 100, Section 100-
32B, for permission to locate
accessory building in side yard
with insufficient area to property
line. Location of property: 20
Carole Road, Southold, New
York, bounded on the north by M.
Kuermer; east by Ar-
shamomaque Pond; south by
Arshamomaque Pond; west by
Carnie Road.
for permission~to use building as
· antorepair (hedyshop). Location
of proper Sound Avenue,
Mattituck, ,~,.unded on the north
by North Fork Bank; east by
Love Lane; south by Sound
Avenue; west by Episcopal
Churcli. '
9:30 P.M. (E.D.S.T.) upon
application of Fogarty In-
corperated, BOx 10G0, Main Road,
Mattituck, New York, for a
variance in accordance with the
Zoning Ordinance, Article VI,
Section 100-60 C (3) (b) (1) to
maintain sign of excessive size.
OF SUFFOLK,
F NEW YORK, ~ ss:
J
.~l/a~.'~..C.,. D. qI'n~a~ ........... being duly Sworn,
...13~.. is Printer and Publisher of the SUFFOLK
TIMES, a newspaper publ/shed at Greenport, in said
Long Island Railroad; east by D.
Tuthill; south by Main Road;
west by W. Ritzer.
9:45 P.M. (E.D.S.T.) upon
application of North Fork Baptist
Church, Route 27A, Mattituck,
New York, for a special exception
in accordance with the Zoning
Ordinance, Article III, Section
100-30 B (2) (3) (4) (6) (7) for~
)ermission to expand the present
ministry to include a youth
hostel. Location of property:'
Route 27A, Mattituck, bounded on
~he north by Horton Avenue and
W.A. Kaiser; east by C. Sanders
and C. Rom; south by County
Road 27; west by J. Haas.
Any person desiring to be heard
n the above Appeals should
ppear at the time and place
bove specified.
)ated: March 29, 1974
BY ORDER OF THE
SOUTHOLD
TOWN BOARD OF APPEALS
; been published in the said Suffolk Weekly Times
ach week, for .......... n.h..e..(.]..) ......... weeks
ely commencing on ~he .......... ~.h. ............
· .~ p.n~; ...... 19.7..~.
:..-: ........
begore me this ...~th. .... ~,
.... .........
........ ......
Location of property: 7055 Main nd ~a~ the notic~, of which the annexed is a printed
Road, bounded on the north by
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
--t:O TH_E-'~.ON~ t~IG.B~OA_RD 6E AP~PE,~I~S,~IZ0WN OF SOUTHOLI~, N. Y.
APPEAL NO./2;~<~'''''~
DATE ...3./.. ,Z.~/..7.~ ............
c z ~ a Namez6f Appell~r~¢ e ~ ,Street and Number
~Smzthold z -- - '- - New York 1.4~:I~I::RY APPEAL TO
..... ........................ ........... .....
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...... ? // .[.~... .........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
Street and Number Municipality State
f ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY Approved by Planning Board on 3/19/74.
As shown on new Van TuT1 survey dated 3/12/74.
(X)
To redivide property to 3 lots from 5 lots.
1. LOC~,TION OF THE PROPERTY ......... .Q..~.~/~..~fL~.¢.h`~.~.~.q~...~.g.V.g...~.e.....P.k~....~..d.~......A......~.~ne
z _ ~ ..... z - Street Use District on Zoning Map
Map No. Eot 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.)
At. III 301 S. Bulk Schedule 100-30 & 100-31
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordina.nce or Zoning Map
A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art, 16 Se¢.~280',~;Subse~ctio~ 3 z- ~
4. PREVIOUS APPEAL A previous appeal (B~3 (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appec 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
s requested for the reason that
we are a~ttempting to make our lots ~omply with
new zoning regulations as near as possible with land
available.
Form ZB1
(Continue on other side)
REASON FOR APPEAL Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
when I originally p~chase home on Cedar Beach Road
it was my understanding I had a total of five lots. To
~ - co,rrzply with new regulation I'~a~s~bmitiing -to Board for
two vacant lots to'be 170 ft. road frontage and the other
lot-150 ft. road frontage and both lots To contain
40, 000 ~lq. ft. of area. The third plot with house will have
road frontage of 130 ft. and land area of 30, 000 sq. ft.
2. THe hardship created is UNIQUE 6nd is not shared by all properties alike in the immediate
vicinity of this property and in 'this use distri;'t because
,. _ s~ur~ronndi~g properties do not comply with new zoning
regulations. To the south there is Marine Science
Center. Sunset Way Road to suzrzmer homes and To
northeast 100 ft. lots #182, #183, #184, #185
Subdivision Map #90, Cedar Beach Park.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
the variance would not change character of
neighborh~_, d and would observe spirit of the
ordinance.
FO~M ~TO. 3 /-~,
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated ................................................ , 1c) ........
far per,mit to ~n~,r~ct ..... ~.......~.~t the premise) at ....Z .~.,~.... ...................
......... ~.~.~...~.~.~.~...' ~..~.~et ~
· - ' ,disapproved on th~ folbw]ng grounds ....... ~.....~....~...~
Southold Town Planmng Board
SOUTHOLD, L. I., N. Y. 11971
PLANNING BOARD
MEMBERS
John Wlokham, Chelrman
Henry Molsa
Alfred Grebe
Henry Raynor
Frank Coyle
March 19, 1974
Southold Town Zoning Board of Appeals
Town Clerk's Office
Southold, New York 11971
Re: Gasper Pisacano
Gentlemen:
This is to inform you that the following action was taken
by the Southold Town Planning Board at an executive meeting held
March 18, 1974.
On motion made by Mr. Moisa, seconded by Mr. Raynor, it was
RESOLVED that the Chairman of the Southold Town Planning
Board be authorized to sign the map of Van Tuyl dated March 12,
1974 of the minor subdivision o£ Gasper Pisacano on property
located at Paradise Point Road and Cedar Beach Road, Southold,
New York.
Vote of the Board: Ayes: Messrs. Wickham, Raynor, Moisa
and Coyle. Absent: Mr. Grebe.
Yours truly, ~7
Muri~l~_rush, 2ecretary
$outhold Town Planning Board
~eh lb,
Southold To,,m Planning Board
and
5outhold Town b~ard of A~peml~
Town Clerks Office
South¢~ld, N.Y.
Gentlemsn$
In the matter of Gaspar Plsacano~ Cedarbeach road &
paradise pt road~ [~outhold~ for variance to split vacant land facing
on Pe=a~ise Point Road into two lots of less than ~0~000 sg ft is
a matter for a variance of area requirement only.
The existing house and lot facing Cedarbeach ~;oad~ was
purchased a~ an existing unit from a Mr. ~lles~ not from the same
owner as the open land. The existiag house an lot is covered By
a mortgage and cannot be cut up at will.
The Variance to split the lot facing Paradise Point Road
has D®en approved by the County Planning Commi~slcn~ subject to
any conditions D.E.C. may impose.
Hr Pi~acano is pluming to use one of these lots ~ls month~
and needs to get this matter cleaged up at this meeting.
Yours truly
~uilding Inspector
'~.'?C3" c)-r' lC) - ~.
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