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HomeMy WebLinkAbout2529 TOWN OF SOUTHOLD, NEW YORK DATE May 1,....1979 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2529 Dated March 16, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To' Ronald H. Roberts Appellant c/o First Towne Realty Southold, New York 11971 .at a meeting of the Zoning Board of Appeals on April 12 , 1979 the appeal. 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 ( x) Request for a variance to the Zoning Ordinance 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 :15 P.M. (E.S.T. ) Upon application of Ronald H. Roberts, c/o First Towne Realty, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to reduce front yard setback. Location of property: Lot No. 151, Cedar Beach Park, Southold, New York. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because 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) (would not) change the character of the district because SEE REVERSE 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 t 3 i t't►t ' ZO ING BOARD OF APPEALS FORM ZB4 C--h m n o APPe S . After investigation and .inspection the Board finds that the applicant requests permission to reduce his front yard setback from 50 feet to 28 feet. The .Board can appreciate the difficulty . created by the requirement of the DEC .that the house be set back .. 47 .feet from the inlet. 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 the property and in the same use dis- tricts; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Ronald H. Roberts, c/o First Towne Realty, Southold, New York, be GRANTED permission to reduce his front. yard setback to 28 feet. Location of property: Lot. No. 151, Cedar Beach Park, Southold, New York. Vote of the Board: Ayes: Messrs: Gillespie,, -Grigonis, Doyen, Tuthill and Douglass . � I 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, New York, . :public hearings will be held by the Zoning Board of Appeals at the Town Hall , Main Road, Southold, New York, on Thursday, April 12 , 1979, .on the following appeals : 7 :55 P.M. (E.S .T . ) Upon application of Eugene L. and Judith Fisher . 400 Majors Path, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section 100-30 C (5) for permission to have a stable closer than 40 feet to any lot line. Location of property: Majors Path, Southold, New York, bounded on the north by K. -Mitchell; east by Tubb; south by Hansen; west by Majors Path. 8 :15 P.M. (E.S .T. ) Upon application of Ronald H. Roberts c/o First Towne Realty, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to reduce front yard setback. Location of property: Lot No. 151 , Cedar Beach Park, Southold, New York. 8 :25 P.M. (E.S .T. ) Upon application of Daysman Morris , 2760 Yenne- cott Drive, Southold, New York, for a variance in accordance with the . Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Linnet Street, Greenport, New York, bounded on the north .by Linnet Street;. east by F. Field; south by H. Wyche, PK Realty, Riverside Homes ; west by J. Crenshaw. 8 :40 P.M. (E.S .T. ) Upon application of Lim-Con , Enterprises, 1455. Vets Highway, Hauppauge, New York, for a special exception in accor- dance with the Zoning Ordinance , Article VI , Section 100-6D C (2) (a) for permission to have sign which exceeds the area and height require- ments for ground signs. Location of property: northeast corner of 'Park, Southold,.New York. l bounded on the north by Quig- 8:25 P.M. (E.S.T.) Upon ley; east by Hart and Gina; application of Daysman Mor- south by Braatz; west by ris, 2760 Yennecott Drive, Vanston Road. Southold, New York, for a Dated: Arpil 2, 1979 variance in accordance with BY ORDER the Zoning Ordinance,`Article OF THE SOUTHOLD III, Section 100-31 and Bulk TOWN BOARD OF APPEALS Parking Schedule for permis- 1TA5-3191 sion to divide property with insufficient area and width. L'oSation of property: Linnet Street, Greenport, New York, .bounded on the north by Lin- net Street; east by F. Field; south by H. Wyche, PK Real- ty,Riverside Homes; west by J. Crenshaw. 8:40 P.M. (E.S.T.) Upon' application of Lim-Con Enter- prises, 1455 Vets Highway, Hauppauge, New York, for a. special exception in accor- dance yji the Zoning Ordi- nance,We VI, Section 100-60 C`v..i'(a) for permission to have sign which exceeds the area ar ight requirements for grolsigns. Location of NOTICE property: northeast corner of LEGAL NOTICE HEARINGS Factory Avenue and Main Road, Mattituck, New York, Pursuant to Section 267.of bounded on the north by Beth- the Town Law and the provis- any Cemetery Association; ions of the Amended Building east by Bethany Cemetery Zone Ordinance of the Town of Association; south by Main Southold, New York, public .Road(State Road 25); west by SUFFOLK, I hearings will 'be held by the Factory Avenue and Ardprop,: }EW YORK. } SS: Zoning Board of Appeals at Inc. ) the Town Hall, Main Road, 8:50 P.M. (E.S.T.) Upon Southold,New York,on Thurs- application of Anthony and roy Gustayson day, April 12, 1979, on the Louise Zotto, 50-42 185th • • • • • • • • • • • • • • • • • • • • • being duly Sworn, following appeals: Street Flushing, New York 7:55 P.M. (E.S.T.) Upon (Peter' Stoutenburgh, as he. . , is Printer and Publisher of the SUFFOLK application of Eugene L. and Agent), for a variance in Judith Fisher; 400 Majors accordance with the Zoning IKES, a newspaper published at Greenport. in said ' Path,Southold,New York, for Ordinance Article III Section a variance in accordance with 100-31 and Bulk Parking Sche- that the notice, of which theannexed is a printed the Zoning Ordinance, Article dule- for permission to con- .III, Section 100-30 C (5) for struct an addition to existing den published in the said Suffolk Weekly Times permission to have a stable house with insufficient front ' closer than 40 feet.to any lot yard setback.Location of pro- week, for . . .one . . . ... . . . . . . . . . . . . . . . . . weeks line. Location of property: perty: Bittersweet Lane, Cut- 5th Majors Path, -Southold, New chogue, New York, known as commencing on The . . . . . . . . . . . . . . . . . . . . . . . . . . York,bounded on the north by Lot No. 33, Filed Map 1179, K. Mitchell; east. by Tubb; Nassau Farms, Cutchogue, south by Hansen; west by New York. Majors Path. 9:15 P.M. (E.S.T.) Upon . . . . . . . . ;� !. : . . .•. . . . . . . . . . . . . . . . . . . 8:15 P.M. (E.S.T.) Upon application of Royal R. Rey- I // application of Ronald H. Ro- nolds,27 Schaefer Street,Hun- !fore me this .LP. . . . ; berts c/o First Towne Realty, tington, New York,for a vari- } Southold, New York, for a ante in accordance with the I. . . . (,�. . . 19. J variance in accordance with .Zoning Ordinance,Article III, the Zoning Ordinance, Article Section 100-31 and Bulk Park- . . . . . . . . . III, Section 100-31 and Bulk ing Schedule for permission to Parking Schedule for permis- construct a house with insuffi- A1.16 sion to reduce front yard cient front yard setback. Lo- setback.Location of property: cation of property: Vanston Lot No. 151, Cedar Beach Road, Cutchogue, New York, N,i VCY R. DoLG:.FYss KOTF313Y,; odi ?-j"Gi.1C,>'lc�3e of Ne'R�f Residing in:iutf^•'',.: '•.aunty - - - — — CLts. No. 52-60EG395 - commission F-essires Bch 30,19.. i LEGAL NOTICE p NOTICE OF HEARINGS— f COUNTY OF SUFFOLK ss: Pursuant to Section 267 of I STATE OF NEW YORK the Town Law and the provi- sions of the Amended Building / Zone Ordinance of the Town of i Southold,' New York, public I Patricia Wood, being duly sworn, says that she is the hearings will be held-by the i Zoning Board of Appeals at Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, " the Town Hall, Main Road; ❑ public newspaper printed at Southold, in Suffolk County; Southold,New York,on Thurs- day, April 12,' 1979, on the and that the notice of which the annexed is a printed copy, following appeals: has been published in said Long Island Traveler-Watch- 7:55 P.M. (E.S.T:) Upon application of Eugene L. and man once each week for '............. .......................... weeks Judith Fisher, 400 Majors Path., Southold, New York, for successively, commencing on the a variance in accordance with / .... �.................................... the Zoning Ordinance, Article III, Section 100 30 C(5) for y�o��° ' °°.°°.°.°°° °°°°.°°° ' 19'°" r——1 permission. to-have a stable " :�:. _------ closer than 40 feet to any lot line. Location of property: .... ......... .t�................................................ Majors Path, Southold, New. York,bounded on-the north by K. Mitchell;- east by Tubb; south by Hansen; west , by Majors Path. Sworn to before me this .. day of 8:15 P.M. (E.S.T.) Upon application of Ronald H. Ro- 92.4 ................... 19.... .. _berts c/o First Towne Realty, Southold, New York, for a i i variance in accordance with { i the Zoning Ordinance, Article III, Section 100-31 and Bulk. ParkingSchedule,for permis ..................... ..°�.. .. ...,....,,..._. Sion to reduce front yard Notary Public setback. Location.of property: Lot. No. 151, Cedar Beach Park, Southold, New York. ' CLEIUFNT r 8:25 P.M. (E.S.T.) Upon NOTARY PUBLIC, State of New York application of Daysman Mor- NO- 52-9321725 r Residing in Suffoll; County k ris, 2760 Yennecott Drive, Southold, New, York, for a Oommission Expires March 30, 1980 d variance in accordance with the Zoning Ordinance, Article Parking Schedule for permis- ; II sion to divide property. with .I insufficient area and width. Location' of property: Linnet Street, Greenport, New York, bound 'd 'on the north by ` Linnet Street;east by F. Field; south by -H. Wyche, PK Realty,Riverside Homes;west . .by J. Crenshaw. 8;40 P.M_ . (E.S.T.) Upon application bf Lim-Con Enter- prises, 1455 Vets Highway, Hauppauge, New York, for a, special exception in accor- dance with the'Zoning Ordi- I nance, Article VI, Section d 100,60 C(2)(a)for permission to have sign which exceeds the area and height requirements for ground signs. Location of property: northeast"corner of Factory.Avenue. and Main Road, Mattituck, New York, 1 bounded on the north by Bethany Cemetery,Associa-. 'tion; east by Bethany Ceme- i tery Association; south by Main Road (State Road 25); west by Factory Avenue and e Ardprop,.Inc. ` �.; 8:50•P.M. (E.S.T.) Upon application of Anthony and Louise Zotto, 50-:42 .185th Street, Flushing, New York (Peter Stoutenburgh, as .A- i gent), for a variance in actor-, dance with the Zoning Ordi- nance, Article. III, Section 100-31 and Bulk Parking Sche- dule for permission to con- struct an addition to existing house with insufficient: front yard setback. Location of property: Bittersweet Lane, Cutchogue, New York, known as Lot No:33;Filed Map 11791 Nassau Farms, Cutchogue, i New York. 9:15 P.M. (E.S.T-) Upon. application.of Royal R. Rey- y nolds, 27 Schaefer 'Street, Huntington, New,,York, for a variance in accordance with the Zoning Ordinance; Article l III, Section 100-31 and Bulk , I Parking Schedule for permis- . Sion to construct a house with insufficient front yard setback. Location of property: Vanston Road,'Cutchogue, New York, bounded on' the north by Quigley; east by Hart �and ' Gina;south by Braatz;west by " Vanston Road. Dated: 'April 2, 1979. BY ORDER OF THE SOUTHOLD TOWN. BOARD OF-APPEAL-9 —� FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL q FileNo. ................................................................ Dote ......................7..............................., 19.7. To .h. l/.s.. :... rJS ./V.-..................... 5.. .....7�!�-. Iv.,F. ....................... �. � ..... ............................. PLEASE TAKE NOTICE that your appl+eet-iondated .......4( ..................................... 19. E .........at the premises located at ...1.........y.D..r ..... for permit to constrMt ......��..�����a'... ........................... Stree} Co Map .... .................... Block ......d f ........... Lot ....................®........................ is returned herewith and �disapproved on the following grounds/. `���Q 4G....;ll �� ,T...... a J- ................................................................................ ........................................... ....... ............................ .................. . . ...... L. � _ Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING'' INSPECTOR APPEAL NO. a�a� DATE .. //� �C....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ......................of .......Maim...Raad.............................................. Name of Appellant a/c R.H.Roberts & WStreet and Number Southold. „9W YQrlk......HEREBY APPEAL TO ......... ......................................................... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .......... DATED .....March...7. 1.9.7.9................. WHEREBY THE BUILDING INSPECTOR DENIED TO Lewis L. Edson arc R H Roberts & W Name of Applicant for permit of Main Road Southold New York .................................................................................................................................. Street and Number Municipality State (X ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....Cedar.:Dr.iue,...So.utho1d.,..Nsw..York...................... Street Use District on Zoning Map .................... Map No. Lot No. 2. PROVISION .(S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- secfion and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ART III SEC 100-31_ 3. TYP-E OF APPEAL Appeal is made herewith for (X) 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 (has) (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 andwas.made in Appeal No. ................................Dated ...........................................:............................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that not enough room to build a house — undersized lot. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Because of the Department of Environmental Conservation set back of 47 feet, an average house cannot fit on the lot, 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the Lot is smaller than most lots in the area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed house would be similar to those in the district. STATE OF NEW YORK ) ss ............ . .../........................................ COUNTY OF ) Signature Swornto this .............................• ......... day of....... .................. 19 Notary Public JUDITH T. TERRY B�Fv pum*FJ ���� of Ne w York �dffiflif S58H CPj,,8 Ma ch 30, 1 j COMMISSION Seth A. Hubbard Chairman Lee E. Koppelman . Director of Planning ��- Suffolk Coup' ty Department of Planning JOHN V.N. KLEIN. County Executive Veterans Memorial Highway Hauppauge, L. L, N. Y. " 11787 979-2918 April 17, 1979 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an'approval or a disapproval. Applicant Municipal File Number John Gaston 2425 Ronald H. Roberts 2529 Very truly yours, Lee E. Koppelman Director of. Planning GGN:jk y CHEF PLANNER , ,. OL- ��,'j TOWN CLERK 765-3783 c Building Dept. Planning Bd. 765-2660 L'0i' Board of Appeals 765-1809 TOWN OF SO,UTHOLD py�• TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12—B, Sections 239-1 and m, the . Board• -of• 4-ppeal•s . . . . . . . . . . . . . . . . of the town of. . . .Southold. . . . . . . . . . . . . . . . . (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance Ronald H. Roberts ............... Amendment to the zoning ordinance Southold, New York 11921 ................ Zoning changes Appeal No. 2529 ................ Special permits .......X...... Variances Location of affected land: .... ot..l�Io.....151.�...Cedar..Beacli -Eark,...Soiathold, -New..Yrark.. within 500 feet of: (check one or more) .......y....... Town or village boundary line,or shore line ................ State or county road, parkway or expressway ................ 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 DEC has required the applicant to construct his house 47 feet back from Midway Inlet which necessitates a reduction in the front yard setback to 28 feet. Date: ..APX i1...13......1.9.7..9.......... .................................................................:.............. (signed) Robert W. Gillispie, Jr.; Chairman .................................................................................. Title Date received by Suffolk County Planning Commission .................................................................................... File No. ................................ O OF N K OF�SUUT,14 7UDITH T.TERRY • £OZc�� TELEPHONE TowN CLERK 3 (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 March 16 , 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2529, application of Ronald H. Roberts for a variance. Also included are notification to adjoining property owners as follows: Frank J. Campanelli & Wf. , 31 Pond Path, Lake Grove, N.Y. 11755; Katherine Muciello, 125 Cypress Street, Floral Park, N.Y. 11001. udith T. Terry JTT/bn Town Clerk cc:file Enc./ BOARD OF APPEALS,.TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE to the Board of Appeals of the Town of Southold TO: Frank J. Campan:elli & Wife Katherine Muciello 31 Pond Path 125 Cypress Street Lake Grove, New York 11755 Floral Park, New York 11001 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Varian(,e) ( tit ) (S I i#[ ) (the following relief: Fr-nntyard set back _ � t 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: T_,ot 1 1 Map of Cedar Beach Park " Suffolk County -Tax Map Designation District 1000 Section 090 Block 2 Lot 10 3. That the property which is the subject of such Petition is located in the following zoning district: "A" R si rlen i al 4. That by such Petition, the undersigned will request the following relief: A front yard set back from 35 ' to 28 ' 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ART TTT S ion 1 00— 1 Bulk k chedual 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same.during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;,that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travel er-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: March 14, 1979 Lewis L.. Edson a/c Ronald H. Roberts Petitioner & Wife Post Office Address c/o First Towne Realty Southold, New York 11971 PROOF OF MAILING OF NOTICE NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) residing at being duly sworn, deposes and says that on the 16 day of fZ w x, e ,z , 19 7 f deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at .So ;that said Notices were mailed to each of said persons by (certified) (regis�-mail. Sworn to before me this G day of , 1 Notary Public JUDITH T. TERRY May Public, State of New York MB.. 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