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Home My WebLink About1861 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAED OF AFPEAL$ Appeal No. 1861 Dated November 9, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Gasper Pisacano Cedar Beach Road Southold, New York DATE .~.Q.,....~.Q, 1973 1973 Appellant at a meeting of the Zoning Board of Appeals on December was considered and the action/ndicated be]ow 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 ( ) 20, 1973 me appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be gra~ed ( ) be denied pursuant to ~ticle .................... Section .................... Subsect~n .................... para~aph .................... of the Zoning Ordinance an~ the d~ion of the Building Inspector ( ) be reversed ( ) bt, confirmed b~ause 8: 30 P.M. (E. S. T. ) , ~pon application of Gasper Pisacano, Cedar Beach Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Sec. 100-30 and 100-31 and Bulk Schedule for permission to divide lots with insufficient area. Location of property: Cedar Beach Road and Paradise Point Road, Southold, bounded north by Weymouth; east by Heacock; 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 practical hardship because 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 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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and REv .Rs . ^DPROVED' '~ i//~/~7 . ZONING BOARD OF APPEALS ~ C~:~i~J~IS~ M~jor~e McDe~ott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide lots with insufficient area. The findings of the Board are that applicant is largely surrounded by lots that are one quarter acre or less in size, and a few half acre lots. The proposed lots seem to be a most reasonable disposition of square footage; the total area is 110,000 sq. ft. 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, be GRANTED approval of division of property as outlined in survey dated October 8, 1969, subject to the following condition: That the proposed division of applicant's property be subject to the approval of the Planning Board since it involves the creation of three lots. 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 Amended Buildinq 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 December 20, 1973, i'on the following appeals: 8:00 P.M. {E.S.T.), upon application of Robert Neudeck~ Cox Neck Road, Mattituckt New York, for a variance in accordance with the Zoning Ordinance, Article III.. Sec. 301 and Bulk Schedule for permission to set off lot and build dwelling with right,of way. Cox Neck Road, Chudiak; east by Neudeck, west by William Chudiak. insufficienn width and area, and unapproved Location of property: Right of way west side of Mattituck, New York bounded north by William Zabimsky; south by William Chudiak~ 15 PoM. (E.S.T.), upon application of Charles & Rosemary Krull, 144 Oceanview Road, East Rockaway, New York, for a variance in accordance with the Zoning Ordinance~ Article III, Section 100-30 and Bulk Schedule for permission to divide lot i With less tha~ required width and area. Location of'properTy: Right of.Way S/S King Streets Orient, bounded north by Frey; east by Willow Terrace. Subdivision~ Section I; south by Steedle; b~0~ient Harbor. :8:30 P.M. ~(E~S.T.), upon application of Gasper Pisacano, Beach Road, Southold, for a varlance mn accordance with Article !II, Sec. 100-30 &.100-31 and to d~ide l~s With insufficient )roperty~.Cedar Beach Road and Paradise Point ~eymouth; east~.by Heacock; Legal Notice Page 2 8:45 P.M. (E.S.T.), upon application of William Pappas, 2384 Lindenmere Drive, Merrick, New York, for a variance in accordance With the Zoning Ordinance, Article II!, Section 301 and Bulk Schedule for permission to build one family dwelling with insufficien~ setback from road. Location of property: Private Right of Way - Beverly Road, Southold bounded north by W. Fiedler; east by Beverly Road; south by MillCreek; west by Mill Creek° 9:00 P.M. (E.SoT.), upon application of Joan and Russell Mann, Oakwood Drive, Southold for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: Oakwood Drive, Southotd bounded north by Christopher Street; east by Oakwood Drive; south by R. Osmer; west by P. McKercher. Any person desiring to be heard on the above appeals should appear at the time and place above specified. ua December 7, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS NOTICE OF HEARINGS Pursuant to Section 2r ~ the Town Law and the pro~ ns of the Amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, public hearings will be held hy the ZOn- ing Board 'of Appeals of the Town of Seuthold, at the Town Office, Main Road, Seuthold, New York, on December 20, 1973, on the fo!lowing appeals: 8:00 P. M. (EST), upon appli- cation of Robert Neudeck, Cox Neck Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec. 301 and Bulk schedule for permission to set off lot and build dwelling with insufficient width a~d area. and unapproved right of way. Location of prop- erty: Right of way west side of Cox Neck Road, Mattituck, New York bounded north by William Chudiak; east by Neudeck, Za- bimsky; south by William Chu- disk; west by William Chudiak. 8:15 P. M. (EST), upon appli- cation of Charles & Rosemary Krull, 144 Oceanview Road, East Rockaway, New York for a vari- ance in accordance with the Zon- ing Ordinance, Article III, Sec* tion 100-30 and Bulk Schedule for permission to divide lot with less than r~quired width and area. Location of property: Right of Way S/S King Street, Orient, bounded north by Frey; east by Willow Terrace Suddivision, Sec- tion I; south by Stcodle; west b Orient Harbor. ~ g:30 P. M. (EST), upon appli- cation of Gasper Pisacano, Cedar Beach Road, Southold, for a var- iance in accordance with the Zoning Ordinance, Article III, Sec. 100-30 & 100-31 and Bulk Schedule fox permission to divid,~ lots with insufficient area. Loca- tion of property: Cedar Beach Road smd Parmllse Point Road. ~outhold, bounded north by Wey- mouth; east by Heacock; south by Cedar Beach Road; west by Paradise Point Road. ~ 8;45 P. M. (EST), upon appli~ cation of William Pappas, 2384 Lindenmere Drive, Merrick, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to build one family dwelling with insuf- ficient setback from road. Loca- tion of property: Private Right of Way--Beverly Road, Southold bounded north by W. Fiedler; east by Beverly Road; south by Mill Creek; west by Mill Creek. 9:00 P. M. (EST), upon appli- cation of Joan and Russell Mann, Oakwood Drive, Seuthold for a variance in accordance with the Zoning Ordinance, Article II!, Section 100-30 and 100-31 and Bulk Schedule for permis:ion to divide lot with insufficient width and area. Location of property: Oakwood Drive, Southold bound- ed north by Christopher StreeT; east by Oakwocd Drive; south by 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 - MA'I-FITUCK 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-Mottituck Watch- man once each week for ....... ~.~ ..~.~.~...(./.../..=. week~ successively, commencing o the ............... ~....%~. ....... ~ ........ day of ........ ~.~....~....., 19.~.z/~.~>._~c ~ ~L Sworn to before me this ............ /.~.. .....day of Notary Public 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 December 20, 1973, on'the following appeals: 8:00 P.M. (E.S.T.), upon ap- plieatinn of Robert Neudeck, Cox Neck Road, Mattituck, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Sec. 301 and Bulk Schedule for permission to set off lot and build dwelling with insufficient width and area, and unapproved right of way. Location of property: Right of way west side of Cox Neck Road, Mattituck, New York boanded north by William Chudiak; east by Neudeek, Zabimsky; south by William Chudiak; west by William Chudiak. 8:15 P.M. (E.S.T.), upon ap- plication of Charles & Hocemar~ Krull, 144 Oceanview Road, East Reekaway, New York, for a variance in ace~edance with the Zoning Ordinance, Article HI, Section 1~-30 and Bulk Schedule for permi~ion to divide lot with 1~ than requlrod width and area. Locatiun of property: Right of W~y iNS King Street, Orient, bounded north by Frey; east by Willow Terrace Subdivision, Section I; south by Steele; west by Orient Harbor. mmmmm~ 8:~0 P.M. (E.S.T.), upon aP-I plication of Gaspe~ Pisecano, Cedar Beach Road, Southold, for a variance in acem'dance with the Zoning Ordinance, Article IH, Sec. I00-~0 & 100-31 and Bulk Schedule for permission to divide lots with insufficient area. Location of property: Cedar Beach Road and Paradise Point Road, Southold, bounded north by Weymouth; east by Hcecock; south by Cedar Beach Road; west by Paradise Point P, oad. 8:45 P.M. (E.S.T.), nupo~ap. plicatinn of William Pappas, 2384 Lindemnero Drive, Merrick, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301 and Bulk Schedule for permission to build one family dwelling with insufficient setback from road. Location of property: Private Right of Way - Beverly Road, Southold boonded north by W. !Fiedier; east by Beverly Road; south by Mill Creek; west by Mill Creek. 9:00 P.M. (E.S.T.) upon ap- plication of Joan and RussoH : of Frank Martn~ 'rley and Joe Sa~ ~re, Audrey and / s. Eugene Gallal Parks Commissi~ ~er 8, with his Tuesday, Decen i the Supervise~ five years and iff for five y~ ys he has no plan: -he just plans to r ! the Island for a ! ~ived of the deal n Monday mort fork City, foliowi ~ as "Martha De~ COUNTY OF SUFFOLII, STATE OF NEW YORK, ~ ss: ........ Slt~ar.~ .G,..I~o~m.a2. ........... being duly Sworn. s~s that .. ~ff.. is Printer and Publisher of ~e SUFFOLK WEEKLY TIMES, a newsier pub~ ~ G~n~ ~ ~d county; and ~at the noti~, of which ~e ~ne~ ~ ~ ~t~ ~py, ~s ~en published in the ~ Suf~lk W~ T~es once in each w~k, tot .......... .~..{~.) ........ ~ks suc~siv~Iy ~mmencing on ~e ........ ~.~ ............. of... :.: .... ~.~. ~.~..~ · ..-:..: ..... ::: ........... Sw~ to ~i~e me this .. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S O,FFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL Building Inspect~~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR il/9~ ~3 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (V~i~i_ ....... ..G...a.~p..e.r..~.i..s..a...c..a..n..o.. ........................ of Cedar Beach Road Name of Appellant Street and Number Southold New York ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL~,(TN/~qlNSPECTOR ON APPLICATION FOR F~ERMIT NO .................................... DATED ..........[ ........../'./?.~..~,,~ ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( If Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY To Redivide Properly · lots to 3 Cedar ]~each Road, Paradise Pt, Rd. 'A Zone LOCATION OF THE PROPERTY .................................................................................................... Street Use District on Zoning Map Map 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 Ordi,nance.) ~ d Art. III 30~ ~. Balk Sche ule I00-30 & t00.3~ 3. TYPE OF APPEAL Appeal is made herewith for (×) 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 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (h~ (ha~ not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal 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 ) requested for the reason that we are attempting to make our lots comply with new zoning regulations as near as possible with land available. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practica] difficulties or unneces- sary HARDSHIP because when I originally purchased home on Cedar Beach Road it was my ~anderstanding I had a total of five lots. To comply wih new regulation i"m submitting to Board for two lots zo be 15[8 ft. frontage by 259 ft. depth and to add 25 ft. to existing 125 ft. which lot would be i46 ft. by 285 ft. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because ~ surrounding properties do not comply with new zoning regulations. To the south there is Marine Science Center. Sunset Way Road to summer homes and to noltil~ast i00 fT. 10ts #182, #183, t184, #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 ~he variance would not change character of aeighbarhood and would observe spirit of the ordinance. It also would add twenty feet to existing house which would give more frontage on Cedar Beach Road. STAT[ OF N~:W YORK ) ) ss COUNTY OF Suffolk ) Sworn to this ............... .,.... ........................ day of.' .......... ........................ ................ ' ~ Signoture $outhold Town Planning Board srlUTHrlLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlckham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle February 5, 1974 Board of Appeals Southold Town Clerk's Office Main Road Southold, New York 11971 Re: Gasper Pisacano Gentlemen: In answer to your letter of January 10, 1974, the Southold Town Planning Board is under the distinct impression that we have been told specifically by the Town Attorney that we may not approve any lots under 40,000 square feet in a minor subdivision. This Board can only suggest that on the map by Van Tuyl dated October 8, 1969, the two lots fronting on Paradise Point Road be made 40,000 square feet, which would mean that the remaining lot where now the building is would be less than 40,000 square feet. Since both the lots fronting on Paradise Point Road have to have 150 front feet on one road or the other, we would suggest that the lot lines be changed in any way necessary to provide both the minimum frontage and minimum areas. Yours truly, /J°hn Wickham, Chairman~ Southold Town Planning Board JW/mb ./ County Department of P~ng Haupp'~u§¢, New ~'d~k 11787 January 24, 1974 Town of Southold Board of Appeals Robert W. Gillispie, Jr. Box 296 - Main Road East Marion, New York 11939 ~etiticner t Gasper Pisacano Mur& File No. : 1861 $.C,P. D. File No.: SD-74-3 i-~f:rsu~nt to the ~eqtdrements of Sections 1323 to 1332 Of the S~ffolk County Charter, the above captioned mp~lication which has beep re, ferred to the Suffolk Couf~L~ Planning Comrnissic~ is considered to be a m~tter for l~al dete~mlr~ati.on. The d~cis~on of local dete,.~mina- tlon ~hoUld not be construed aa eltO:er ~t~ ~pproval or a clieapprO~,al. Commen~s: Subject to compliance ~ith~.the proyisions, of,t~e "Tidal Wetlands Act", if applicable. Respectfully yours, Lee E. Koppelman Director of Planning $outhold Town Planmng Board SOUTHrlLD~ L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlckham, Chairman Henry Mole; Alfred Grebe Henry Raynor Frank Coyle December 31, 1973 Mr. Robert W. Gillispie, Chairman Southold Town Board of Appeals Town Glerk's Office Southold, New York 11971 Dear Mr. Gillispie: At a regular meeting of the Southold Town Planning Board held December 27, 1973~ the following determination was made regarding the division of property of Gasper Pisacano, Cedar Beach Road, Southold. The Southold Town Planning Board has been advised that they cannot approve any lots less than 40~000 square feet in area under any circumstances. Yours truly, Muriel Brush, Secretary Southold Town Planning Board February 8, 1974 Mr. Gottlieb Nickles Dickinson Agenoy Main Road Southold, New York 11971 Dear Mr. Nickles: We are enclosing herewith a copy of letter received from the Southold Town Planning Board giving their recommendations with regard to appeal of Gasper Pisacano. Very truly yQurs, R. W. Gillispie, Jr. Chairman RWG:n~a TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Bulld]na Dept. } Planning Bd, 765-2660 Board of APpeals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ..... t~.~,.il~.~...I]~l~l~.~ ............... of the town of (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes ............ Special permits ......... .~.. Variances Location of affected land: ~.~..~~&.~.~.~.~.i~.~..P..~..i.~.~.~.*.~.~`~.~.~..~...t.l...~..~ within 500 feet of: (check one or more) ............ Town or village boundary line ...... ..X.... State or county road, p~ ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public building is situated Comments: ~ate: ............................................ d~y Ii, lg14 (signed) ChiLz~a~, Sou[hold ~ Board of appe&l Title Date received by Suffolk County Planning Commission ........................................................................ File No ................................. January 10, 1974 Mr. John Wickham, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Dear John: Re. Appeal %1861, Gasper Pisacano In reply to the Planning Board letter of December 27th, 1973, we have discussed further with Bob Tasker the procedural problems involved where both Boards are required to act in a situation such as exists with the Gasper Pisacano application. It is his position that the Board of Appeals, of course, does not approve sub- divisions, minor or major; neither does the Planning Board approve minor or major subdivisions with undersized lots. However, this does not prevent the Planning Board from approving minor or major subdivisions with undersized lots subject to the approval of the Board of Appeals for such undersized lots. Either Board may act in this type of situation subject to the approval of the other Board acting on the relevant portion of such an application. Accordingly, we are resubmitting the Pisacano application with a recommendation that it be approved. It is our opinion that the Town would ~ose on an appeal from a denial of this application. Yours very truly, RWG:mm Robert W. Gillispie, Jr. Chairman December 27, 1973 Mr. John Wiokham, Chairman Southold Town Planning Board ~ain Road $outhold, New Y0=k 11971 Dear Mr; Wickham= At a hearing of the Board of ~ppeals on December 20, 1973, the Board granted approval of division of property, as outlined in ~urvey dated Octobe~ 8, 1969, for Mr. Gasper Plsacano~ Cedar Beach Road, Southold, subject to the following ¢,Dndition: "That the proposed division of applicant's property be subject to approval of the Planning Board since it involves the creation of three lots." In his applioationMr. Pisacano stated that when he originally purchased his home on cedar Beach Road it was his understanding that he had a total of five lots. It seems that someone had drawn five lots on a map. How- ever, it is not a subdivision. After investigation and inspection~he Board found that applicant is largely surrounded by lots that are one quarter acre or ~eea in size and believes that the proposed lots are a most reasonable disposition of square footage. We would appreciate receiving your recommendation at your earliest convenience. Yours very truly, RWG:mm Robert W. Gi111spie, Chairman Enclosures TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Seuthold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. } Planning Bd. 765-2~60 Board of Appeals , Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ......... ~pp.~,l,~...BQar.d ........... of the town of ...$ou.thc~ld..,...~, ..~.. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Plonning CommissJonl (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes Special permits ...... Z.... Variances Location of affected land: Ced~r...BeacA..~oad...&...Pa.~ad. is~..P~i.n~...R~ad.r..Sou, thotd. within 500 feet of: (check one or more) '; ........... Town or village boundary line ...~ ......State or county road, ~E~:~X and park property. ............ State or county pork or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public building is situated Comments: The findings of the Board are that applicant is largely surrounded by ~lots that are 1/4 acre or less in size, and a few 1/2 acre lots. The proposed lots seem to be a most reasonable disposition of sq. footage, the total area is 110,000 sq. ft. IT WAS RESOLVED that applicant be GRANTED approval of division of property as outlined in survey, subject to approval of the Southold Town Planning Board since it involves the creation of 3 lots. Date: Jaguar ir .. 9.;...T9.7.4 ......... ............ (signed) ~ ! . _ ..Chairman. ,... $.o ~g k~. l.~ .. W.9.wa .. D.~. ~...r..d.....o..f.. Appeals Title Date received by Suffolk County Planning Commission ....................................................................... File No ................................. / 8 -- ii- t ~ 0.5 ? ~g, ooo ~' s ~ 150 O0 4oo,~ 8 I