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Home My WebLink About1815 TOWN OF SOUTHOLD, NEW YORK DATE ..Q~.~*....1X, 1973 Hearing: July 19, 1973 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1815 Dated June 7, 1973 ACTION OF THE ZONING BOARD OF APPEALS OY THE TOWN OF SOUTHOLD To Evelyn Swisky Bayview Road Southold, New York Appellant Public Hearing: at a meeting of the Zoning Board of Appeal on July 19, 1973 was considered and the action indicated below was taken on your ( ) Request for.variance ~due toflack of acc. ess to property ( ) Bequest for a special exception under the Zoning Ordinance (K) Request for a variance to the Zoning Ordinance iX ) Approval of access Decision: Oct. 11, 1973 the appeal 1. SPECIAL EXCEPTION. By re~tion of the Board ~ was determined that a special exception ( ) be ~anted ( ) be denied p~suant to Article .................... Section .................... Subsection .................... paragraph .................... nf the ~ning Ordinance and t~ decision of the Building Inspector ( ) be reversed ( ) be ~irmed b~cau~ 9:00 P.M~ (E.S.T.) upon application of Evelyn Swisky, BaTvie~ Road, Southold, for a variance in accordance with ~he Zoning Ordihance, Article III, Section 301 for permission to divide property with less than required area and frontage and for a variance in accordance with Sec~ion'280A, Subsection 3 of the Town Law for approval of access. Location of property: north side Bayview Road, Southold, bounded north by West Creek; east by E. Mullen and others; south by Bayview Road;.west by Paul 0bre and wife. Fee paid 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the.Ordinance (would) (would not). produce hardship because practical difficulties or 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 distric~ because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordirmnce and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be ~ranted ( ) be denied and that the previous decisions of the Buildin~ Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 Marjorie McDermott, Secretary After investigation and inspection the Board finds that Evelyn Swisky, Bay~iew Road, Southold, New York, requests a variance for permission to divide property with less than required area and frontage, and for approval of~access on property located on the north side of Bayview Road, $outhold. The Board agrees with the reasoning of the applicant. After inspection, the Planning Board voted to approve the creation of two ~O,000 sq. ft. lots. The Board finds that strict application of the 0rdin~ce would produce practical difficulties or u~.necessary hardship; the hardship created is u~xique 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, Evelyn Swisky, Bayview Road, Southold, New York, be GRANTEDpermission to divid~ ~rop&r~y into two lots facing the creek, leaving a balance of approximately 28,000 sq. ft. on which her residence is located. The two lots o~ the creek shall each consist of ~0,000 sq. ft. This permission is granted subject to the following conditions: That applicant furnish a 15 foot right of.wa~ along the westerly boundary.' That this p: .... L_ - is granted subject to the approval of the Building Inspector Vote of the Board: Grigonis, Doyen. Ayes~- Messrs: Gillispie, Bergen, Hulse, 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 July 19, 1973, on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of Helen Chizzini, Mr. Beulah Avenu~,Southoid, New York, for a varaince in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area and frontage. Location of property: east side of Mt. Beulah Avenue,Southold, bounded north by C.W. Booth; east by C.W. Booth; south by C.W. Booth; west by Mt. Beulah Avenue. 7:40 P.M. (E.D.S.T.), upon application of Dante V. and Evelyn Morel, Bayview Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area and frontage. Location of property: Lots 91, 2, 3 and 157, Map of Cedar Beach Park, Southold. 8:00 P.M. (E.D.S.T.), upon application of John Divelio, Sound View Avenue, Mattituck, for a variance in accordance with the zoning Ordinance, Article III, Section 302 for permission to construct garage in front yard area. Location of property: north side Sound View Avenue, Mattituck, bounded north by Long Island Sound; east by R. Mowery; south by Sound View Avenue; west by Casbor Inc. (park). Legal Notice Page 2 8:10 P.M. (E.D.$.T.), upon application of Ray Alexiadhes, Soundv~ew Avenue, Southold, (Meadow Point Properties), for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide propert with less than required area and frontage. Location of property: north side Soundview Avenue, Southold, bounded north by Long Island Sound; east by Couloucoundis; south by Soundview Avenue; west by B. Thompson. 8:25 P.M. (E.D.S.T.), upon application of Dalchet Corporation. Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of property: south side Main Road, Cutchogue, bounded north by Main Road; east by Dalchet Corporation~ south by Dalchet Corporation; west by Dalchet Corporation. 8:35 P.M. (E.D.S.T.), upon application of Philip and Claire Dietz, Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area and frontage. Location of prpperty: west side Pequash Avenue, Cutchogue, bounded north by North Cross Road; east by Pequash Avenue; south by Edward Harvey; west by R. and S. Lajda. 8:50 P.M. (E.D.S.T.), upon application of Carl's Mobile Homes, 650 East Main Street, Riverhead, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to const~uct~'dweliing with reduced setback from road. Location of property: one-half lot 949 and all ~50 and 51, Map of Garden Heights, Mattituck; west side Mary's Road and ~ast side Oak Place. Legal Notice Page 3 9:00 P.M. (E.D.S.T.), upon application of Evelyn Swisky, Bayvlew Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide property with less than required area and frontage and for a variance in accordance with Section 280A, Subsection 3 of the Town Law for approval of access. Location of property: north side Bayview Road, Southold, bounded north by West Creek; east by E. Mullen and others; south by Bayview Road; west by Paul Obre and wife. 9:10 P.M. (E.D.S.T.), upon application of James H. Pratt, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance Bulk Schedule for permission to erect loading bin with silo in excess of 35 feet in height. Location of property: west side Cox Lane, Cutchogue, bounded north by McBride; east by Cox Lane; south by L. B. Glover; west by L. B. Glover. A~y person desiring to. be heard on the above applications should appear at the time and place above specified° Dated: July 6~ 1973 BY ORDER OF THE SOUTHOLD TDWN BOARD 'OF APPEALS PLEASE PUBLISH ONCE, July 12, 1973, AND FORWARD AFFIDAVITS OF ~UBLICATION TO THE $OUTHOLD TO~ BOARD OF APPEALS~ F~IN ROAD, SOUTHOLD, NEW YORK° 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 Soulhuld, at the Town Office, Main Road, Southold, New York, on July 19, 1973, on the following appeals: 7:~0 P.M. (E.D.S.T.), upon application of Helen C~iv~tni, Mt. Beulah Avenue, Southold, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 301 and the Bulk Schedule for per- mission to divide property with less than required area and frontage. Location of property,;,,. east side of Mt. Beulah Avenue,' Southuld, beanded north by C.W. Booth; east by C.W. Booth; south by .C.W. Baoth; west by Mt. Beulah Avenue. 7:40 P.M. (E.D.S.T.), upon application of Dante V. and Evelyn Morel, Bayview Road, Southold, for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 301 and the Bulk Schedule for per- mission to divide property with less than required area and frontage. Location of property: Lot No. 1, 2, 3 and 157, Map of Cedar Beach Park, Southold. 8:00 P.M. (E.D.S.T.), upo~a application of John Divello, Soond View Avenue, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 302 for permission to construct garage in front yard area. Location of property: north side Sound View Avenue, Mat- tituck, boanded north by Long Island Sound; east by R. Mawety; south by Sound View Aveaue; west by Casber Inc. (park). 8:10 P.M. (E.D.S.T.), upon application of Ray Alexiadhes, Soundview Avenue, Southold, (Meadow Point Properties), far a variance in accordance with the Zoning Ordinance, Article IH, Section 301 and the Bulk Schedule for permission to divide property frontage. Lueatian of property: north side Soandview Avenue, Southuld, bounded north by Long Island Sound; east by Couloueoondts; south by Soand- view Avenue; west by B. 8:25 P.M. (E.D.S.T.), upon application of Dalchet Cor- poration, Pequash Avenue, Cutebegue, for a variance in accordance with the Zoning Ordinance, A~icle III, Section 301 and the Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Lueation of propei'ty: south side Main Road, Cutchegue, bounded north by Main Road; east by Dulchet Corporation; south by Dulchet Corporation; west by Dalchet Corporation. 8:35 P.M. (E.D.S.T.), upon application of Philip and Claire Dintz, peqnAsh Avenue, Cut- chogue, for a variance in ac- cordance with'the Zoning Or- dinance, Article IH, Section 301 and the Bulk Schedule for per- mission to divide property with les~* than required area and frontage. Location of property: west side Ppquash Avenue, Cutchogue, beanded north by North Cross ROad; east by Pequnsh Avenue; south by 'Ed- ward Harvey; west by R. and S. 8:50 P.M. (E.D.S.T.), upon application of Carl's Mobile Homes, 6,50 East Main Street,. Riverhead, for a variance in _,accordance with the Zoning Ordinance, Article III, Section 301 sod the Bulk Schedule for permission to construct dwelling with reduced setback from road. Location of property: one-half lot No. 49 and all No. 50 and 51, Map of Garden Heights, Mattituck; west side Mary's Road and east side Oak Place. · 9:00 P.M. (E.D.S.T.), upon application of Evelyn Swisky, Beyview Road, Southuld, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide property with less than LEGAL NOTICE required area and frontage and for a variance in accordance with Section 280A, Subeection 3 of the Town Law for approval of access. Locatian of prope~'~/: north side Bayview ~oad, Southold, COUNTY OF SUFFOLK, STATE OF NEW YORK, } ss: southby Bayview Road; west by Paul Obro and wife. 9:10 P.M. (E.D.S.T.), upofi application of James H. Pratt, Bey Avenue, Cutchogue, New York, for a variance in ac- clinance Bulk Sobedule for pe~- mission to erect leading bin with silo in excess of 35 feet in height. Location of property: west side COX l~ne, Cutchogue, boanded north by McBride; east by Cox Lane; south by L.B. Glovar; west by L.B/Gi~var. Any ~ desiring to be heard on the above applications should appear at the time and place above specified. Dated: July 6, 1973 BY ORDER OF THE BOARD OF APPEALS 1T J12 says that . .h.e.... is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published at Greenport, in said county; and th=t the notice, of which the annexed is a printe- copy. has been published in the said Suffolk Weekly Time; once in eech week, for . .Ol~.f~. successively commencing on tile ....l:.w.e..]..[.l;.h. ............. day of ..... - ./ . Sworn to before me this ./. day of '/ ; ' 19..~. JOSEPH L I0WNSENo' j~' No bounded north by West Creek; S~ua~l; Co Dorman east by E[ Mullen and others; ...................................... being duly Sworn, NO~ICE OF HEARINO$ Pursuant to /~Ctlon ~6~ of the 'Town Law and the provisions of the Ameflded Bulldini~ Zone Or- dil~nce of the Town of Southuld, Suffolk County, New York, pub- lie hearings will be held by the Office, Main Road, Southold, New divide .property wigh~ie~ than required area a~d frontage. Lo- cation of property: east side of Mt. Beulah Avenue, Southald, hounded~arth by C, W. Bodth; east by C, W. ,Booth; South by pllcatloll of Dante V. and Evelyn Bulk ~chedule f~r permissiola to divide property with.le~ tllan re. qulr~d area end fr0nta~e. Loca~ plieation of John Divello, Soun~ Zoning Ordinallce, Article plic~tion of Ray ~iexiadhes. a 'vartanee in ae~ardance with west by B. Thompson. insufficient area and frontage. cation of pr0pe~y; west side Pequash Avenue, Cutchogue, ~unded north by North CrOss ~oad; east by Pequash Avenue; souttl by Edward Tarvey; west by F SUFFOLK R. and S. Lajda. - s:5o v.~ (EDST), upon ap- NEW YO[~K pllcation of Carys Mobile Homes, 6~0 East Main Street, Rlverhead,'' far a yariaflce in accordance with the Zoning Or~in~c~, Article III, Section 301 and toe Bulk Schedule for permission to con- struet dwelling with reduced setback from road. Location of property:0ne-half lot No, 49 and all No. 50 and 51, Map of Garden Heights. Mattituc~; west side Mat?'s ~oaA and east stde Oak )f which the annexed is a printed copy, has been n said Long Island Troveler-Mottituck Watch- ' Whitney Booth, Jr., being duly sworn, says is the Editor, o,~ THE LONG ISLAND - MATTITUCK WATCH/V~N, a public news- ted at Southold, in Suffolk County; end that pllcat~'~ of Evelyn Swisky, Bay- view Rind, S0uthold, for a vari- ance in apcordance with the Zon- il~ Ordinance, Article l,Ii, ~ec- tion 301 for permission to divide Rropeety witch le~ than required area and frontage and far a vari- ance in accordance with Section 280A, S~lbsectton ~ of the Town ca~ien of property: north s~de Bayview ~, Southold, b~md- abra and wife. pllcation of James H~ Pratt. prol~'y: west side Cc~ Lane, Ctltchol~ue, bounded north by Mci~ide~ ea~ by Cox Lane; Ally l~erson desiring to be .hard souTHOLD TOWN /, co~mmencing on the ............ .ff...,~.....~.~ .......... .... ....... worn to before me this ........ /....~... ........ day of · ........ .......... FORi~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL f~/ File No ................................................................... Date .................. ~......~.....~.~ ..... , V To ...~ ~.~.'./:¢.....L~..?¢~%~.'~--....~~.~ .......... .......... ~. ~¢~?~.,,,..~......'. ......... ............ ...... .............. Pk~SE TAK[ NOTIC[ thot your oppHcadon ~oted ............ ~,~ .......... ~ .......... , 19.~.~ ~or permit fo ~~~...l~,-/-l. at/the p¢~ises los'~ed at ...................... ~.~ ......... M~p .............. ~ ..................... Block ............. r~h~rned herewith end discpprov~d on the ~ollowin~ ~rounds ...... ~....~[.~....~ ......... ...... ......... ...... ...~.:-~.4~....~..g.,...~¢=~ ........ ,S.s....E¢~ ...... ~...~ ........................................... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BU[LDING INSPECTOR TO THE ZONING BOARD OF: APPEALS,~ ,TOWN OF SOUTHOLD, N.. Y' ..... ...................... Nam~ of ~ppellan~ ~ Street and Number ...... .......................................... Municipolity Stoto THE ZONING BOARD OF APPEALS FROM THE DEOSlON OF THE ~U~LD~NG ~NSPECmOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~...'.~.[..'.~......7.....~.~...~.:...~... ...... No. Lot No. WHEREBY THE BUILDING INSPECTOR DENIED TO of ....... .~..~....'.~..~..~h~9........ ~.~....~-- ........... ~..~. '~ ............. .'..~.... '.~?. ............ Street 8nd Number State -- Municipality ) PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY .~w..,'/.~...,~.~.. ................................. Street Use District on Zoning Map sec~on and~aragraph of the Zoning Ordinance by number. Do not quote TYPE OF APPEAL Appeal is made.herewith for A VARIANCE to the Zoning Ordinance or Zoning Map PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- the Ordi,nonce.) 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 (~) (has not) been made with respect to this decision of the Building Inspector or with respect to this ~roperty. Such appeal was ( request for a special permit ( request for a variance and was made in Appeal No ................................ Dated ...................................................................... ts requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 'sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practica difficulties or unneces- vicinity of this property and in this use district because The hardsh p created is UNIQUE and is not shared by all properties alike in the immediate T'hx T 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATEOF NEWYORK ) ~ ) ss ..~ .............. : ............. COUNTY OF ) ~ ~ S g ~ture Notary Public Southold Town Planmng Board SOUTHOLD, L. I., N. Y. 119'71 PLANNING BOARD MEMBERS John Wlokham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle October 8, 1973 Mr. Robert W. Gillispie, Jr. Chairman, Board of Appeals Town Clerk's Office Main Road Southold, N. Y. 11971 Dear Mr. Gillispie: Re: Evelyn Swisk~ Minor Subdivision In reply to your letter of July 24, 1973, members of the Planning Board have inspected the property of Evelyn Swisky, Bayview Road, Southold, comprising approximately two and a half acres. At a meeting on October 4, 1973, The Board voted to approve the creation of two lots to the rear of Mrs. Swisky's property facing the creek, leaving a balance of approximately 28,000 sq. ft. on which her residence is located. JW:mm Very sincerely,. John Wickham, Chairman Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlckham, ChiIrman Henry Molsa Aifred Grebe Henry Reynor Frank Coyle August 29, 1973 Mr. Robert W. Gillispie, Jr., Chairman Southold Town Board of Appeals Town Office Main Road Southold, New York 11971 Dear Mr. Gillispie: Re: Evelyn Swisky, Minor Subdivision The Planning Board wishes to look this property over further as it would seem that the buildable land is quite limited on the two lots on the creek. John Wickham, Chairman Southold Town Planning Board July 24, 1973 ~. John ~ickham~ Chairman Southold Town Planning Board Town 0ffice ~in Road Southold, New York 11971 ?)ear John: Evelyn Swisky, Ba}~ie~ Road, Southold, New York, appeared before the Board of Appeals at 9500 P.M., July 19, 1973, requesting a variance for permission to divide property ~th less than required area and frontage, and for approva~ of access on property located on the north side of Ba~view Road, Southold. Mrs. Swisky o~s ~proximate~y 2½ acres ~ich includes the portion of property on ~rhich her residence is located. T~e remainder of the property runs back to a creek ;,zhich has been dredged. Mrs. S~sky's application requested that she be permitted to m~ke three lots of the frontage on this creek with an access road from Bayview Road along her west property line. ~fe advised ~s. Swisky that she would not be per- mitted to create or sell lots consisting of less than 40,000 sq. ft. However, if the Planning Board is willing to create two lots to the rear of Mrs. Swisky's residence property, the Board of Appeals would grant a variance on the ren~inder of the property, consisting of approximately 28,000 sq. ft., on which her residence is located. The Board of Appeals feels it would be reasonable to grant a variance on ~s. Swisky~s residence lot, permitting this lot to be approximately 28~000 sq. ft., as it is larger than the adjoining lot to the east. ~¢e suggested to Mrs. Swisky that she refer this matter to the Planning Board, ~nd have postponed our decision until we have your recommendations. Sincerely, Robert W. Gillispie, Chairman RWG~mm Southold Tow~ Board of Appeals ,4