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HomeMy WebLinkAbout1885 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) - ~. tON //vN"'-or* %U'~DtVI~ { { l, o. oP_ ~$O. t"T. t