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HomeMy WebLinkAbout1859TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI%D OF APPEALS Appeal No. 1859 Dated October 23, 1973 ACTION OF THE ZONING BOARD OFAPPEALS OF THE TOVfNOF SOUTHOLD To Charles & Rosemary Krull 144 Oceanview Road East Rockaway, New York 1973 Appellant at a meeting of the Zoning Board of Appeals on December 20, was considered and the action indieated 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 ( ) 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 end the dec,ion of the Building Inspector ( ) be reversed ( ) be confirmed be~ause8:15 P.M. (E.S.T.), upon application of Charles and 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 with less than required width and area. Location of property: Right of Way S/S King Street, Orient, bounded north by Frey; east by Willow Terrace Subdivision, Section I; south by Steedle; west by Orient Harbor. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (wo~ld 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 vielnity 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 further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ~Y~[i~)~.D// Z~O~NING BOARD OF ~P ALS ~ ~~ Marjorie McDerm , Y After investigation and inspection the Board finds that applicant requests permission to divide lot with less than required width and area located on Right of Way, south side of King Street, Orient. The findings of the Board are that the Board of Appeals created a minor subdivision in 1959 of which Lot No. 2, which is under application, is a part. 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, Charles & Rosemary Krull, 144 Oceanview Road, East Rockaway, New York, be GRANTED permission to divide lot with less than required width and area, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. LEGAL Notice of Hearings Pursuant ~o 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 Southo!d, 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 application 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 areat and unapproved right of way. Location of property: Right of way west side of Cox Neck Road, Mattituck, New York bounded north~ by William Chudiak; east by Neudeck, Zabimsky; south by William Chudiak; west by William Chudiak. 8:15 P.M. (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 with less than required width and area. Location of~ property: 'R ight of Way~ S/S King Street, Orient, bounded north by Frey~ Section I; south by Steedle; 8:30 P.M. [E.S.T.), upon application of Gasper Pisacano, ~cedar Beach. Road, Southold, for a variance in accordance with Zoning Ordinance, Article IIi, Sec. 100-30 & 100-31 and ssion to divide.lots with insufficient Location of property: Cedar Beaoh Road and. Paradise Point north by Weymouth; east by Heacock; west by Paradise Point Road. NOTICE OF HF 'NGS Pursuant to Sectio~ ~67 of the Town Law and thc p~;ovisions of the Amended Bulldin~ Zone 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, New Yosk, on December 20, 1973, on the following 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 IlL Sec. 301 and B~lk 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; cast 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 lest than requirad 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 Steedle; west by Orient Harbor. 8:30 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 Bt~]k Sch~-dule for permission to divide lots with insufficient grea. Loca- tion of property: Cedar Beach Road and Paradise Point Road, Southold, bounded north by Wey- mouth; east by Heacock; ~outh 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 ¥~ck, for a variance in accord- ance with the Zoning Ordinance. : ~ticle III, Section 301 and Bulk . .qhedule for permission to build ~!,de family dwelling with insuf- ficiant setback from road. Loca- ti0n of property: Private Right of iWay--Beverly Road, Southold bounded north by W. Pledler; ~aSt 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 III, Section 100-30 and 100-31 and Bulk Schedule for permlsfion to divide lot with insufficient width and area. Location of property: Oakwood Drive, Southold bound- ed north by Christopher Street; east by Oakwcod Drive; south by R. Osmer; west by P. McKercher. Any person desiring ~o be heard on the above appeals should ap- pear at the time and place above specified. Dated: December 7, 19~3 BY ORDER OP THE SOUTHOLD TOWN BOARIb OP 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 - 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 ............ .2~....~.: ....... day of ......... ~-<'~--,~ .., ........................... .......... Sworn to before me this ...... ~...¢ ......... day of .......... ....... ............ .~/,~.. ~,~......~....~c,..,~'.~//..; .............. Notary Public ~/ LEGALNOTICE NOTICE OF HEARINGS Pursuant to Section 267 at Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk Coanty, New York, public hesrings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Scuthold, New York, on December 20, 1973, on the following appeals: 8:00 P.M. (E.S.T.), upon ap- pllcatinn of Robert Neudeck, Cox Neck Road, Mattituck, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article HI, 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 bounded north by William Chudiak; east by Neudeak, Zabimsky; south by William Chudiak; west by William (:~udiak. 8:15 P.M. (E.S.T.), upon ap- plication of Charles & P, usemary Krull, 144 Oceanview Road, East Rankaway, New York, for a variance in accordance with the Zoning Ordim~ce, Article IH, Section 100-.~0 and Bulk Schedule for permission to divide lot with less tl, i,n required width and area. Location al property: Right al Way S-S King Street, Orient, bounded north by Frey; east by Willow Terrace Subdivision, Section I; souih by Steadle; west by Orient Harbor. s:~ P.M. (E.$.T:), ~pon ap- pllcatinn of Gasper Pisacano, Cedar Beach Road, Southold, for a variance in anca~dance with the Zoning Ordinance, Article HI, Sec. 100-~0 & 1~0-31 and Bulk Schedule for permissiun to divide lots with insufficient area. Location of property: Cedar Beach Road and Paradise Point Road, Scuthold, bounded north by Weymouth; east by Heaeeck; south by Cedar Beach P, oad; west by Paradise Point Road. 8:45 P.M. (E.S.T.), upon ap- pllcation of William Pappas, 2384 Lindeamere Drive; Merrick, New York, for a variance in ac- cordance with the Zor~ing 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 I/Cay - Beverly Road, Southold boanded north by W. Fiedler; 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 a were- ~ere.da~ ,c of Frank Matin lhirley and Joe Sa ~ore, Audrey and rs. Eugene Galla, ~ Parks Commissi aber 8, with his Dr Tuesday, Deceg ~s the Superviso r five years and ;riff for five y, ban seven years als he has no pla~ --he just plans to of the Island for a ceived of the dea on Monday mot r York City, follow ers of the cemm er as "Martha De COUNTY OF SUFFOLK, ] STATE OF NEW YORK. ~ ss: Stuar~c C. Dorman being duly Sworn, sm/s that . h~... is printer and Publisher of the SUer'FOLK WEEKLY TIMES, a newspaper published ~r[ Greenport, in s~id county: and ~hat the notice, of which the -m-exed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, for ....... .°.r!e...(.]: } ........... weeks successively commencing on the .......... [. 3.1}.h. ........... d~y of ...D..ep.e.m..b~' --V~ ~-19-~ Sworn to before me this ...13.1;h... I / / //" '~; 'a~Y' ~ r- '--' '~ ,/~[.,~o .............. January 14, 1974 Mr. Charles Krull 144 Oceanview Road East Rockaway, N. Y. 11518 Dear Mr. Krull: We have referred your Appeal No. 1859 to the Suffo,k County Planning Commission. We have not as yet received their recommendation. However, they will no doubt require approval of the New York State Department of Environmental Conservation. If you have not already done so, will you please write to the New York State Department of Environmental Conservation, Stony Brook, New York, 11790, enclosing a copy of your Lot Plan. Yours very truly, Marjorie McDermott, Secretary Southold Town Board of Appeals th Id 'T°wn B°U d MAIN RnAD- STATE RnAD 2.5 SnUTHE]LD, L.I., N.Y* TELEPHONE (516) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI December 2, 1983 Mrs. Judith T. Terry Southold Town Clerk Southold, NY 11971 Re: Appeal No. 1797 Philippe Maitrejean Action Rendered June 28, 1973 Dear Judy: In rearranging and reorganizing files in our office today, I found the attached original decision signed by Marjorie McDermott, Secretary, and Robert W. Gillispie, Jr. Z.B.A. Chairman, July 19, 1973. There is no indication that this has ever been filed with the Office of the Town Clerk and therefore same is being submitted to you for your records. Yours very truly, Secretary Enclosure TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~IG BOARD OF APPEALS Appeal No. 1797 Dated June 2, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Philippe Naitre~ean }. Appellant Box 888 ~ Sound Avenue Nattitucks New York JJJJ at a meeting of the Zoning Board of Appeals on .. June 2s, 1973 . the appeal was~ considered and the action tndichted b~low' was taken on your ( ) Bequest roi* var(alice due to lack Of access'te'prope~ty , ( ) Bequest for a specml excephon under.the ~oning Ordinance (X) Request /or a variance to the Z2nin~. Ordinance ,:..: '" ' "'"i; i~ ' ' ' 1. SPECIAL EXCEI~ION~' By reseluttdm ~f 'the Board' it ;:was; determined~ that' a 'special exception ( ) be /rante~' i 7:)'~e' 4~nied '~"~i~n{"t~' ~r{tcl~: [.~....:,~::'..[.:.~?:~t~/;~:: !.[.'.....Ji:.?.~:.:i:; ~U6's~ction'' :'.!i4'..'f.'.~L....J.~ ya~hgraph ..... "...~rw-.. Of* the ,Zgnin~ :0rdinan~e an~.: the:,de,cision~ c~,.: ,the ,Budding Inspector ! '; ); b,e r~versed~ ~(. ) be confirmecl'because ', JT, I~ p~I~e':,(Rg.S/;,~J~e ) s [upon application: :of PhilipPe . ': 14aitre~ean, :~Box ,888,. :$our~cl-.;Av, e~Aq, ~lattiluck, /or a, ,va~ianoe~ 'in accordance ~rith ~he Zor~n~ Ordi---ce, Article III,,uSeo~ton ~01e ...... ,and the Bu~k Schedule, for permission to divide lots with less · 'than required a~ea~~ Location of property-- north side Ruth Road,_ ~ttituck~ ,b~unded 'north by'~o~.Island $om~d~ :east By B.' ~:. ':,.Vreeland~:.~Sou~h by'RuSh,_~oad.,.(P~i~ate ~o. ad}~ :and West ,by I. VARIANCE. By resolution of thd Board,i_t was,determined that, ', ; :, ~' ' (a) Strict application of the Ordinance .(would) (would not) produce practical difficulties or. unnecessary SEE REVERSE ..~'~: , :[: '~; ~'~,1: 'i : ' ' ~ .; ; ' (b) The hardship creat~'d (is) (is not) unique and (would) l, (~ld not)' be 'shared by all properties alike in the immediate vicinity of ,this proper~ty: a~Icl in the, same use distric~ be?ause, ..... (c) The v~arianCe (doe~) (does not) observe the spirit Of the Ordinance ami (would) , (would not) change the character of the district because and therefore, it was /urther determined that the requested variance ( ) be Kranted ( ) be denied and that the previous decisions of the Bull~ing Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 APPROVED After investigation ~nd inspection the" Board finds that applicant requests per~ss,~on to divide lots ~r~th less tb~ required ~ea on the 'north' s~d~ 'of Ruth Road, ~ttituck, New York. The Board finds that the property is 197.~151 ~r~de on Ruth Road, extend~.ng for 1,193.70' on Lor~ Island Sound and 1,143.62t on the westerly ~oundary; a tot~l of 5.14 acres~- Affter di~sion there wou~d be t~o lots of approxtmtely 2~ acres each, each l~ving approximtely lO01 of road frontage.~ The ~o~d agrees ~th ~he reasor~n~ of the applicant subject to conditions. The Board finds that strict application of ~he Ordt-a-ce ~o~d produce practical dif~ic~ties or ,m~ecess~ the ~ds~p created is ~que ~d ~d ~t be ~ed by properties ~ike in the d~ediate vici~ty of in-the.~:s~e' use, district; ~: ~e .vari~ce':~l~ :'sot c~e ~e ~ao~s~.o~ the ~gh~rhood~'~- ~l~oob~e~e~the -S~d Avenue'i ~ti~uok~ be~'G~'A~D':pe~sai~n less t~ req~red ~ea on ~he north, side 'of.', New York, as applied for, subject to the follo~ conditions~ That any buildings or imprOvements on either of the lots to be created shall be located at least lOO feet from the most southerly portion of the Sound bluff line*' Restrictions and coven&nts shall be placed on these lots so t~t they may not be re-subd~ded in the futu~et and that a legal inst~unent, recordin~ same, s~ be ff~ed 3.' The applicamt sh~ll show the Board of Appeals evidence of legal instrument having been recorded.' Any question of interpretation on where ~he most southerly portion of the Sound bluff line is located sha~l be refex~ed to the Southold, To~n.Bo~d of Appea~s~ Vote of 2he Boa~d~ Gri~on~s~;~ ~yess~ ~essrs$ Gillispie, Bergen, Hulse, '~ "*,~,=t~, N,,~. -J~"pl' 1972. t973 '~ r · ~ ,d<, , I i. - - , · . ~.~ ..... k .... ' ,. I .... '.~. ,,', ~,,~, ~k,~, ,m.b, ~d .~ 4100 B~ '. ' .,~1' HAY ~1'7~ 45~.86 ~ ~ 11,577 .lAN lg~ 45~6 < .... NOTICE ' / T TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Bulldina 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 ..... ~ppe~l$..,Boaz:c[ ............... of the town of ..S. 9.u.~..h..o...1.~.,...~.,.....y..... (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes ............ Special permits ...... .X..... Variances rotation of affected land: 2~ight...Qf...Walz.,...$/$...K±ng_$.tree~_,...ariezzt,...N.._.¥ ............. within 500 feet of: (check one or more) ~....~... Town or village boundary line (Shoreline) ............ State or county road, parkway or expressway ............ State or county park or recreation oreo ............ 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 the Board of Appeals created a minor subdivision in 1959 of which Lot No. 2, which is under application, is a part. The Board agrees with the reasoning of the applicant. IT WAS RESOLVED that applicant be GRANTED permission to divide lot, as applied for. Date:. ...................................... t ......."*'f ....... :,:7: ........ (signed) ...Ch~irma~ ,..~o=t ~o 1~%.. ~wn..Roa~d ..o£. Appeals Title Date received by Suffolk County Planning Commission ........................................................................ File No ................................. Lo'"f: FOB~ ~0.3 TOWN OF SGUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SO.UTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTiCE_.that your application dated .......... ~./~....~...~ ................ , 19...~...~. for permit to e-c~s~:~t~..~ .......... at the ~.~mises located at ......~.?.~r....~....*....~/... Map ......... '~. .................... Block ......... ~ .......................... Lot ...... ...~... .................................... is rcturA~ hcrcwith and disapproved on the following grounds ..... ~ ..... ...~...~.~ ...... ..~.....r....x..~..~....~.,.~ ...... ~....~.~..~.....z,..~..~..~ .......... ........... ~d..t...'.......~....:~ ....... .,..~.~..¥.~.~ ......... ..ff....~.~ APPEAL FROM DECiSiON OF BUILDING INSPECTOR APPEAL NO. ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥. X], (We)..C.~.r.,t,.e..s....&.'..~.a..~..e.m...a.T.Y...~.~..r..u..t..1, ................ of ..!~....O..g.~.~.~.v..t.e.:~:..Z~.o.?~.d. ................... . .................... Name of Appeli~nt Street and Number .... ~.s..t...?.~.k.~!Y. .............................................................. ;.,..;~...t.L~.~ ..... HEREDY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECt'OR ON APPLICATION FOR PERMIT NO. ' DATED ......... !.,71/./..~.~./.~..~. ..................... w E EBy T.E B LD,NG ,NSPECTOR OEN,ED TO (X) ( ) ( ) Name of Applicant for permit of ,..~..4.~.%...g.9.~.~..ri.Y: i .e.~X.. ,R..a.9..c] ~...~ ~ ;~... ~0.¢ l~.~.y. ,,. lie_~...~Zo.~k. ,.. Z 151 & ......................... Street and Number MunicipaJit7 State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~..~z~..gZJ.f~,.~.t..~..J.~L..E~(~z~Z.¢~.g~.~e Street Use District on Zoning Map Location-RoO,Wo S/S King St., Orient~ N.Y, ................................................................. haundad..North by Charles Krull~ E. by James Dougtass~ Mop No. Lot No. S, by James Dou~lass~ W. by Orient Harbor 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (!ndicate the Article Section, Sub- section and Pa_ra~raph of the Zoning Ordinance by number. Do not quote the Ordi,ncmce.) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordir~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 (~is) (has 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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason tha~ subject parcel although approved for size tn 1959 by :~orrn ZB1 (Continue on other side) FOP, A?PF,-.AL C~tinucd 1. STRICT APPLICATION OF THE ORDINANCE wou~d produce practica[ difficulties or unneces- sary HARDSHIP becau~ the property is in single ownership~ was approved for square foot area by approval of the Board of Appeals in 1959. Strict application would prevent building on this water front properny even though parcels of similar size and dimension and contiguous to subject property are improved properties. 2. The hardshi,~ created is UNIQUE and is not shared by ali prope~ies alike in the immediate vicinity of this property and in this use dis?riot because other properties aontiguous to subject property are of similar size as a resulg of a granted subdivision by the Board of Appeals in 1959 and these contiguous properties are improved. 3, The Variance would observe the sp~rlt of ?he Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE D[SYRICT because properties on either side are both improved and were built upon in 1959 and 1968o STATE OF NEW YORK ) ) ss COUNTY OF ?~:¢~.~- Signature Sworn to this .....~../-.~ ................................ day of..~;."~':~(~..~,-.~,~-'~J¢~-:. ........................ 19 7_?