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HomeMy WebLinkAbout1862 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1862 Dated November 30, ACTION OF TPiE ZONING BOARD OF APPEALS OF THE TOI~N OF SOUTNOLD To William Pappas 2384 Lindenmere Drive Merrick, .New York DATE ne¢..._.2O, 1973 1973 Appellant at a meeting of the Zoning Board of Appeals on December 20, 1973 was considered and the action indicated below was t~ken 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 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 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, bounded north by W. Fiedler; east by Beverly Road; south by Mill Creek; west by Mill Creek. 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 SEE REVERSE 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) ~serve the spirit of the Ordinance and (wo~d) cha~e the character of the district because SEE REVERSE (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. SE . R .VER . APPROV[ After investigation and inspection the Board finds that applicant requests permission to build one family dwelling with insufficient setback from road located on Private Right of Way, Beverly Road, Southold. The findings of the Board are that applicant's lot has water on two sides and the 35 foot requirement would restrict the use of the rear yard. Mr. Pappas and Dr. Fiedler own the only two parcels on the west side of Beverly Road between Middle Road and Arshamomaque Pond. Dr. Fiedler has a garage on his plot which is located less than 35 feet from the front line. The Board agrees with the reason- ing of the applicant subject to conditions. 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, William Pappas, 2384 Lindenmere Drive, Merrick, New York, be GRANTED permission to build one family dwelling with insufficient setback from the road, located on Private Right of Way, Beverly Road, Southold, subject to the following conditions: That the house be located at least 15 feet from Beverly Road; 10 feet from the northerly line (Fiedler-Pappas line); at least 35 feet from the northeast property line; no closer than 20 feet to the westerly line, and no closer than 25 feet to the southerly line. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. 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 III, 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.S.T.), 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, Southold 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. Dated December 7, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS NOTI(~; ~ F HEARINGS Pursuant to Section 2 '"'the Town Law and ,the prov,. ! of the Amended Building Zod~' Or- dinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, blew York, on December 20, 1973, 8:00 P. M. tEST), 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 and 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- diak; 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 lesa than required width and area. Location of property: Right of Way S/S King Street, Orient, bounded north by Frey; east by Willow Terrace Suddivlsion, Sec- tion I; south by Steedle; west by Orient Harbor. 8:30 P. M, (EST), upen appli- cation of Gasper Pisacano, Cedar Beach Road, Southold, for a var- 'lance in accordance with the Zoning Ordinance, Article IlL Sec. 100-30 & 100-31 and Bulk SchEdule for permission to divid,'. lots with insufficient area. Loca- tion of property: Cedar Beach Road and Paradise Point Road. Southold, 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 Llndenmere Drive. Merrick. New York, for a variance in accord- ance with the Zoning Ordinance, Article Ill, 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; I 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, Southold for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permisJon to divide lot with insufficient width and area. Locat!on of property: Oakwood Drive, Southold bound- ed north by Christopher Street; east by Oakwo0d Drive; south by R. Osmer; west by P. McKercher. Any person desiring to be heard on the above appeals should pear at the time and place above specified. Dated: December 7, 1973 BY ORDER OF THE sOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, says 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 o printed copy, has been published in said Long Island Zraveler-Mattituck Watch- man once each week for ..... week~//' successively, commencing on the ............ ................................ ........ Sworn to before me this ...... Z..~-... .......... day of .......... LEGAL NOTICE NO~c~ oF m~iNGS Pursuant to Section 267 of me 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 ~0, 1973, on the following appeals: 8:00 P.M. (E.S.T.), upon ap- plieation of Robert Neudeck, Cox Neck Road, Mattituck, New York, for a variance in ac- cordence with the Zonin. g Or- dinance, Article III, Sec. 30! and Bulk Schedule for permission to set off lot and build dwelling with insufficient width end area, and unapproved right of way. Location of property: Right of way west side of Cox Neck Road, Mattituck, New York bmmded north by W'dliam Chudtak; east by Nendech, Zabimsky; south by William Chudiak; west by W'dliam Oaudtak. 8:15 P.M. (E.S.T.), upon ap- plicatiea of Charles & Rosemary Krell, 144 0ceanview Road, East Rochawny, New York, for a variance in aceardance with the ~ection 100-30 and Bulk Schedule for permissi°n to divide 1ut with less than required width and area. Location of property: Right of Way ~S King Street, Orient, boanded north by Frey; east by Willow Terrace Subdivision, Sectien I; somh by Stendte; west by Oriant Harbor. 8:20 P.M. (E.S.T:), upon ap- p~eatton of Gasp~ Pisaeano, Cedar Beach Road, Southold, for a variance in accordance with the Zonin~ Ordinance, Article IH, Sec. 100-~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 Henceck; south by Cedar Beach Road; west by Paradise Point Road. 8:45 P.M. (E.S.T.), upon ap- plientien of William Pappas, 2384 IAndemnere Drive, Merrick, New York, for a variance in an- cerdance with the Zoning Or- dinance, Article IH, 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 l~ad, l Southeld bounded north by W. Fie&er; 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 Russell lEGAL NOTICE Mann, 0ak~ Ori ~outheld for a variance in accordance with the Zonin_~ Ordinance, Article III, Section 100-30 and 1~0-31 and Bulk Schedule for permission to divide OF SUFFOLK, lot with insufficient width and tF area. Location of ~roparty: Oak- NEW YORK, wood Drive, Southold boanded ss: north by Onq. stopher Street; east ~. ~.U.~'.~..~., Dovman being duly Sworn. by O~'~ve; ~ by R. ' ................. ~; w~t by P. M~ar .... b~.. is Printer ~d ~bHsher of ~e SUFFOLK ~y ~ d~ to ~ h~d ~ ~e a~ve apes ~o~d TIMES. a news~per pub~sh~ ~ G~n~t, ~ ~d ap~ at ~e ~e ~d pl~e a~ve ~ffi~. ~d ~at the noti~, of whi~ ~e o-ne~ ~ u pr~t~ Dat~ ~em~r 7, 1~ BYO~EROF~ ~en published in the ~d Suf~ W~ T~es ....... ) ........... BO~OF~E~ ~ch w~k, ~ suc~ssive1y ~mmencin~ on ~e ......... ~ ............ d~ of ...De~.~mb~...~ ~. 7~. ._. ...................... Sw~ to ~f~e me this ...~3.~h... l TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~ile No .................................................................. D~te .................................. , 19 ....... ..~~ ...... ~....u.~...~..~. ~r permit to comstruct ......... a~ ~e ~re~Jse~ Jocate~ at .... ~ ............................. Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE .............................. Name of Appellant Street and Number ........... ..~...~.,.~..~.~;..)...C.:,..~.. ...... ..'~...~.~...... .......... /."/...3.~..~.~'. .................... ..t~...:Z~..:.. ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ..................................... ............ .................. WHEREBY THE BUILDING INSPECTOR DENIED TO ¢ ( ) (~/) Name of Applicant for permit of ........ ..... ........ ...... Street and Number Municipality State ) PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY .~.....~ ......... ~) .......... .~. ............. :~. ......................... ..J~.......~....~..I...C...~.;... 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.) 3. TYPE OF APPEAL Appeal is made herewith for (~ A VARIANCE to the Zoning Ordinance 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~s) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal 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 Vorionce to the Zoning Ordinance ( ) is requested for the reason that ~t~,~ Form ZB1 (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardsNp created is UNIQUE and is not shared by al properties alike in the ~mmediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW~,~ .~,~' ..~,e,~fORl~ ,,.) .................. COUNTY Sworn to this ~ ~ day of...~.(.: ........... No~or/ Pubi:, St~e of Ne~¢ N~ 02-03~963 Suffolk C~ Commission Expires TOWN OF SOUTHOLD ?OWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. } Planning Bd, 766-2660 Board of Appeals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and' m, the ..... ~.....1~.......~.~ ........ of the town of ...... .~...Q~..~..J~... .............. (agenc~ 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: ...J~....~.?.~....J~........~......J~.....?.~......J~...~..~....~..~.~....~.l....~...J~......J~.. .......... within 500 feet of: (check one or more) ............ Town or village boundary line .... ,.~.....~or county road~ ............ 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 (si~ned) Date received by Suffolk County Planning Commission ........................................................................ File No ................................. Su~fblk County D~. art~nent of Pl~zfl~ing Haupp~uge, New ~6~-k 117~7 T~wn of Southold Board of Appeals Mr. Robert W. Gillispie, Jr. Box 296 - Main Road East Marlom, N.Y. 11939 January 24, 1974 ~;~' ~l~ Petitioner : William Papi Mur& File No. : 1862 S.C.P.D. File No.: SD-74-2 i~-'~rsue, nt to the requirements o£ Sections 13Z3 to 1332 Of the SDffolk County Charter, the above c~ptioned application which has bee~ rea ferred to ~%e Suffolk CouDi-y Planning Cc~nrnissid~ is considered to be a rn~tter for legal determination. The dehis'~on of local determlna- tlon ehould not be construed a~ either ~ approval or a di~&ppro%,al. Comments: subject ?o complianqe wi~h the provi~io:~ o.$ the.,Tidal~. Wetlands Act", if applicable. Respectfully yours, Lee E. KoppeLm~n Director of Planning C o o o TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. ~ Planning Bd. 765-2660 Board of Apl~eals , Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-D, Sections 239-1 and m, the . .~.~p..e.~..i..s....~.o..~.r..c]. ............... 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 .... Z~ ..... Variances lrocation of affected land: ...~.mi.va.te...Ri~jh.t..of...Wa.y.,...Bev~ml.y..Roa<%.,...$out-ho.l~ within 500 feet of: (check one or more) ~. .......... Town or village boundary line .... ,X ..... S~t~t~r county road, ~~~x ............ 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: The findings of the Board are that applicant's lot has water on two sides and the 35 foot requirement would restrict the use of the rear yard. The Board agrees with the reasoning of the applicant. IT WAS RESOLVED that applicant be GRANTED permission to build one family dwelling subject to conditions that house be located at least 15 feet from Beverly Road; 10 ft. from the northerly line (Field-Pappas line); 35 ft. from n.e. prop. Date:li~';"'~o"~lus~T"~han 20 ft. to w. line; no closer than 25 ft. to so.lint' Jan. 9, 1974 (signed) ..Cha ~-u~n.,... $.ou.ghu. ld...T.O.WD...1~.~ r.4 .. ~ ~.. Appeals Title Date received by Suffolk County Planning Commission ....................................................................... File No ................................ t'1t D D L... E:2 ?0 ? ,'