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HomeMy WebLinkAbout1679 I TOWN OF SOUTHOLD, NEW YORK DATORn.'....Z.x... �'972 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1679 Dated September 25, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To H. Alvin Smith Appellant New Suffolk Avenue Mattltuck, New York Public Hearing: October 12, 1972-9: 5 P.M. at a meeting of the Zoning Board of Appeals on Decision: 7:30 P.M. Nov. 2, lW2appeal was considered and the action indicated below was taken on your (J0 Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( jjl 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 9:45 P.M. (B.S.T. ), upon application of H. Alvin Smith, New Suffolk Avenue, Mattitack, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-3, Section 302, Section 301 and Section 280A of the Town Law, for permission to divide property, put two accessory' buildings in front and side yard areas, insufficient setback in front yard and approval of access. Location of property: Right of Way, south side of New Suffolk Avenue, Mattituck, New York, bounded north by Paust; east by Ha11fs Creek; south by other lands of applicant; and west by right of way and T. Witschi. 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 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 ( j be reversed. SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 \ Marjorie McDermott, Secretary ' Southold Town Board of Appeals After investigation and inspection the Board finds that applicant requests permission to divide property, put two accessory buildings in front and side yard areas, insufficient setback in front yard, and approval of access on property located: Right of way, south side of New Suffolk Avenue, Mattituck, New York. The Board finds that- the applicant was the owner, earlier this year, of approximately 6 acres of waterfront property on Peconic Bay and Hall' s Creek, Mattituck. The applicant sold the westerly improved 3.63 acre portion to Dr. Thomas Witschi, retaining the easterly 2 plus acre portion and a small guest house to be moved from the westerly lot. Prior to the Witschi purchase, -preliminary discussions with the Planning Board related to subdivision of the westerly acreage into three lots with the applicant retaining the easterly acreage for his own use, and the Planning Board indicating concern for the preservation of the barrier beach area. With the westerly portion of the property sold as a single lot to Dr. Witschi, and restrictions on improvements to the easterly portion, the Planning Board has informally withdrawn its objections to the over-all division of the original acreage. Applicant proposes construction of a residence, accessory de- tached garage, and accessory relocated guest house without cooking facilities; all buildings to be grouped .in the, northerly portion of the designated 40,000 sq. ft. lot. Access is required over a 20 foot right of way described in survey of Van Tuyl dated December 9, 1964. This uniquely situated lot includes most of the buildable portion of the applicant's property, is 2151t on the northerly boundary extending 3451t between Hall's Creek on the east and Witschi on the west, with a southerly width of 901t bordered by applicant 's beach property upon which building restrictions have been placed. The applicant's attorney states that Board of Health requirements as to water and sewage have been met. The applicant's own deed restrictions limit the building area to the northerly half of the 40,000 sq. ft. lot and restrict improvements east of a line 130 feet from the Witschi property. The Board is not guided by these restrictions; howwver, they appear to be in the interest of the Town and confine the building area to the highest portion of the applicant's property. Adjoining improved property of Faust to the north Is set back from the property line a distance of 3012". A barrier beach on Peconic Bay provides considerable flood protection to the entire area. The highest portion of the applicant ' s lot is the portion to be used for the applicant's building, with the accessory buildings in the side yard area to the north. A majority of the Board finds that the topo- graphical situation described here justifies granting a variance per- mitting the location of accessory buildings in the side yard area, not less thab 15 feet from the northerly line, and not less than 40 feet from the westerly property line, with the same setback to apply to the main residence; permission to relocate an accessory guest house without cooking facilities; and access as requested. 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 propefities 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 H. Alvin Smith, New Suffolk Avenue, Mattituck, New York, be GRANTED a variance permitting the location of accessory buildings in the side yard area (not less than 15 feet from the northerly line, and not less than 40 feet from the westerly property line) ; with the same setback to apply to the main residence; permission is granted to relocate an accessory guest house without cooking facilities; and access as requested. Location of premises: south side of New Suffolk Avenue, Mattituck, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Voting "No" : Mr. Hulse. s TOWN OF SOUTHOLD, NEW YORH DATE ........................ ACTION OF THE ZONING BOARD OF APPEALS Appeal No. Dated ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Appellant at a meeting of the Zoning Board of Appeals on 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 ( ) 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 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 (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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because 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. ZONING BOARD OF APPEALS FORM ZB4 �•3i �9yi� 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 October 12 , 1972, on the 'following appeals: j 7 :30 P .M. (E.D.S .T. ) , upon application of Andrew Dzenkowski, � q Rocky Point Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than 40, 000 square feet. Location of property: Lots 1, 10, 11, 12, 13, 14, and 15, Map of Aqua View Park, East Marion, New York. 7 :45 P.M. (E.D.S.T. ) , upon application of Edna Bennett, Rocky Point Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section 301 and Section 280A of the Town Law for permission to divide property with less than 40, 000 square feet lots and approval of access,. Location of property: Right of way, west side of Rocky Point Road, East Marion, bounded north by E. Bennett; east by right of way and Raymond; south by Osgood; and west by F. Rosenberg. 8 : 00 P.M. (E.D.S .T. ) , upon application of Joseph Quinlan, 109 Stevens Avenue , Hempstead, New York, for a variance in accordance with the Zoning Ordinance Article III, Section 301' for permission to divide property with less than 40, 000 square feet lots. Location of property: Lots 76 and 77, Mattituck Park ` Property, Mattituck, New York. � y I s ' i f 8 : 15 P.M. (E.D.S .T. ) , upon application of Alvin J. Blenk, Reeve Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance Article III, Section 301, for permission to divide property with less than 40,000 square feet lots. Location of property: Lot #7, Map of Saltaire Estates, Mattituck, New York. 8 : 30 P.M. (E.D.S .T. ) , upon application of William Bayha, Founders Path, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section 300 C-3 , and Section 302, for permission to build an accessory building in side yard area. Location of property: Lot #70, Founders Estates, Southold, New York. 8 :40 P.M. (E.D.S.T. ) , upon application of Leeward Acres, Inc. , 217 Osborne Avenue, Riverhead, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Section 280A of the Town Law for permission to divide property with less than 40, 000 square feet and approval of access. Location of property: One-half of Lots 50 and 51, Map of Leeward Acres, Southold, New York. 8 : 50 P.M. (E .D.S.T. ) , upon application of Otto Macomber, ' Pine Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than 40,000 square foot lots. Location of property: Lots #16 , 17, 18 , 19 and 20, Map of Goose Bay Estates , Southold and bounded north by land now or formerly of Davis; east by Private right of way; south by other lands of Macomber; and west by Goose Bay Estates, Southod, New York. 9: 05 P.M. (E.D.S .T. ) , upon application of Hertha Fraser, Nassau Point Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-3, and Section 302 for permission to build an accessory building in front yard area. Location of property: Lot #55, Map of Nassau Point, Cutchogue, New York. 9:15 P.M. (E.D.S .T. ) , upon application of Robert and Annette Rider, c/o Riverhead Apartments, Roanoke Avenue, Riverhead, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section 301, for permission to divide property with less than 40, 000 square feet. Location of property: Lot #34, Map of Eastwood Estates, Cutchogue, New York. 9 :25 P.M. (E.D.S.T. ) , upon application of Lyle Meredith, Old Shipyard Lane and Landon Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section 300 C-3 , and Section 302 for permission to put accessory building in side yard area. Location of property: Lot #89, Map of Founders Estates, Southold, New York. 9 :45 P.M. (E.D.S .T. ) , upon application of H. Alvin Smith, New Suffolk Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article 111, Section 300 C-3, Section 302, Section 301 and Section 280A of the Town Law, for permission to divide property, put two accessory buildings inj front and side yard areas , insufficient setback in front yard, and approval of access. Location of property: Right of Way, south side of New Suffolk Avenue, Mattituck, New York, bounded north by Paust; east by Hollis Creek; south by other lands of applicant; and west by right of way and T. Witschi. Dated: September 29, 1972 BY ORDER OF THE SOUTHOLD TOWN ', BOARD OF APPEALS I 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, . S9uthold, New York, on October i2, 1972, on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of Andrew . Dzenkowski, Rocky Point Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than 40,000 square feet. Location of property: Lots 1, 10, 11, 12,13,14, and 15, Map of Aqua View Park, East Marion, New York. 7:45 P.M. (E.D.S.T.), upon application of Edna Bennett, Rocky Point Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Section 280A of the Town Law for permission to divide property with less than 40,000 square feet lots and approval of access. Location of property: Right of way, west side of Rocky Point Road, East Marion, bounded north by E. Bennett; east by right of' way and Raymond; south by Osgood; and west by F. Rosenberg. 8:00 P.M. (E.D.S.T.), upon application of Joseph Quinlan, 109 Stevens Avenue, Hempstead, New York, for a variance in accordance with the Zoning Ordinance Article III, Section 301 for permission to divide property with less than 40,000 square feet lots. Location of property: Lots 76 and 77, Mattituck Park Property, Mattituck, New York. 8:15 P.M. (E.D.S.T.), upon application of Alvin J. Blenk, Reeve Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance Article III, Section 301, for permission to divide property with less than 40,000 square feet lots. Location of property: Lot No.7, Map of Saltaire Estates, Mattituck, New York. 8:30 P.M. (E.D.S.T.), upon application of William Bayha, Founders Path, Southold, New York, for a variance in accordance with Zoning Ordinance, Article III, Section 300 C-3, and Section 302, for permission to build an accessory building in side yard area. Location of property: Lot No. 70, Founders Estates, Southold, New York. 8:40 P.M. (E.D.S.T.), upon - - r-UUun of Leeward Acres I~c., 217 Osborne Avenue' RIverhead, New York ~ ' '. , Jor a var~ance In accordance with the Zom~g Ordinance, Article III SectIOn 301 and Section 280A of t~e. Town Law for permission to dIVIde property with less than 40,000 square feet and approval of access. Location of propert . One-half of Lots 50 and 51, Map ~f Leeward Acres, SouthoId New York. ' 8:~0 P.M. (E.D.S.T.), u n a~plICation of Otto Macoml: PIne Avenue Southold N ' Y k f' ,ew or, or a variance in acc?rdance with the Zonin OrdInance, Article III, Sectio; 301, for permission to di 'd property with less than 40v~ square foot lots. Location' of property: Lots No. 16 17 18 19 and 20, Map of Goos~ Ba Estates, SouthoId and bounde~ nort~ by land now or formerly of DaVIS; east by Private right of way; south by other lands of Macomber; and west by ,Goose Bay Estates, Southold New York. ' 9:05 P.M. (E.D.S.T.), upon application of Hertha Fraser, Nassau Point Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-3, and Section 302 for permission to build an accessory building in front yard area. Location of property: Lot No. 55, Map of Nassau Point, Cutchogue, New York. 9:15 P.M. (E.D.S.T.), upon application of Robert and Annette Rider, c-o Riverhead Apartments, Roanoke Avenue, Riverhead, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than 40,000 square feet. Location of property: Lot No. 34, Map of Eastwood Estates, Cutchogue, New York. 9:25P.M. (E.D.S.T.), upon application of Lyle M"eredith, Old Shipyard Lane and Landon Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-3, and Section 302 for permissionJo. put accesllory building in side yard area. Location of property: Lot No. 89, Map of Founders Estates, Southold, New York. 9:45 P.M. (E.D.S.T'), upon application of. Fl. Alvin Smith, New Suffolk Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-3, Section 302, Section 301 and Section 280A of the Town Law, for permission to divide property, put two accessory buildings in front and side yard areas, insufficient setback in front yard and approval of access. Location of property: Right of Way, south side of New Suffolk Avenue, Mattituck, New Yo",k, bounded north by Paust; east by Hollis Creek; south by other lands of applicant; and west by right of way and T. Witschi. -Dated: September 29, 1972 BY ORDER OF THE SOUTHOLD TOWN , BOARD OF APPEALS ~OL.K. rORK. 1 t ss: J ~. .9:. }?orn~J?-. . . . . . . .. being duly Sworn. is Printer and Publisher of the SUFFOLK J newspaper published at Greenport. in said lEi' notice. of which the annexed is a printed Iblished in the said Suffolk Weekiy Times . for ... ........ .qr:~. . . . . . .. .. ... weeks lencing on the ....... :r ~ f: ~ 1;.. .. .. .. .. .. . bar, 197.2 ..........~ .... ~.'--_. ~~~/l...-./t--' ~&C. .~:>.~...................... De' this .. ~ .. .. .. ~ d .l)'...../ ~.. ~f'.//.~~.....~..... .;. . . Nh...{Q,8.EPH. L. TOWNSOJOt riFt. . . . . . . . . . . . . Ulf\RY PUBLIC, StJtc! of New York Nc. 52~92.663:i5 QUil/ifo'r! h S f; :', ',:u'!i!I'I ''}~ Commission E.' r:i,( " ",L',/'ch :::;0,' 1 sv.'/, NOTICr~ OF HEARINGS Pursuant~to Section 267 of the Town Law', and the provisions of the Amended BUilding Zone Ordinance of the Town of South- old. Suffolk County, New York. public hear~gs will be held by the Zoning Board of Appeals of the Town .)f Southold, at the Town Office Main Road, South- old. New Yurko on October 12. 1972. on the following appeal,: I 7:30 P. M. (EDSTJ. upon ap- plication ?f ~ndrew Dzenkowski, Rocky Pcmt Road. East Marion. New York, for a variance in accordance with the Zoning Or- dinance. Article III. Section 301. for permission to divide prop- erty with less than 40,000 sqllare feet. Location of property: Lots I, 10. 11, 12. 13. 14, and 15, Map of Aqua View Park, East Marion. New York. 7:45 P. M. fEDST). upon ap- plication of Edna Bennett. Rocky Point Road. East Marion. New York, fa!' a variance in accord- ance with the Zoning Ordinance. Article 'III. Section 301 and Sec- tion 280A of the Town Law for permission to divide property with leFs than 40.000 square feet lots and approval of access. Lo- cation of property: Right of way. west side of Rocky Point Road, East Marion, bounded north bv E. Bennett; east by right of way and Raymond: south by Osgood; and west by F. Rosenberg. 8:00 P. M. (EDSTJ. upon ap- plication of Joseph Quinlan. 109 Stevens Avenue. Hempstead, New York. for a variance in accord- ance with the Zoning Ordinance Article III; Section 301 for per- misFion to d;vide property "vith less than 40.000 square feet lots. Location of propertv: Lots 76 and 77. Mattituck Park Property, Mattituck: New York. 8:15 P. M. (EDST1. upon ap- plication of Alvin J. Blenk. Heeve Avenue. Mattituck. New York., Jor a variance in accord- ance\vith.the 40nirw Ordinance Article III'. Section 301. for per- mission to divide property with less than 40.000 square feet lotF. Location of property: Lot No 7. Map of Saltaire EFtates. Matti- tuck. New York. 8:30 P. M. (EDST1. upon ap- plication of William Bavha Foundf'rs Path. Southold. New York, for a variance in accord- ance with the ZoniIw Ordinance. Article III. Section 300 C-3. and Section 302', for permission to build an accessory buildinQ' in side yard area. Location of :)1'011- erty: Lot No. 70, Founders EFtates. Southold. New York. 8:40 P. M. IEDST). unnn np- plication of Leeward Acres. Inc., 217 O:;;borne Avenue. Riverhf'a1. New York. for a. var;ance in nc- cordance with the Zoning Ordi- nance. Article III. Section 301 and Section 280A of the Town Law for permi:;;sion to divide ' property with le~s than 40.000 \ square feet and approval of ac- . cess. Location of property: One- half ,.~ Lots 50 and 51. Map of Lee" Acres. Southold, New York. 8:50 P. M. IEDST), upon ap- plication of Otto Ma~omber, Pine AVent;e, Southold, New York, for a variance in accordance with the Zoning Ordinance. Article III. Section 301, for permission to divide property with less than 40.000 1:quare foot lots. Location of property: Lots No. 16. 17, 18, 19 and 20. Map of Goose Bay Estates. Southold and bounded north by land now or formerly of Davis; east by Private right of way; south by other lands of Macomber; and west bv Goose Bay Estates. Southold. New York. 9:05 P. M. (EDST>. upon ap- plication of Hertha FraFer. Nas- sau Point Hoad. Cutchogue, New York, for a variance in accord- ance with' the Zoning Ordinanr:e. Article III. Section 300 C-:i, and Section 302 for permission to build an accessory building in front yard area. Location of property: Lot No. 55. Map of Nafsau Point, Cutchogue. New York. 9: 15 P. M. (EDST), upon ap- plication of Robert and Annette Rider, c/o Riverhead Apartments, Roanoke Avenue, Riverhead. New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 301, for per- mission to divide property with less than 40,000 square feet. Lo- cation .of property: Lot No. 34, Map of Eastwood Estates, Cut- chogue. New York. 9:25 P. M. (EDST1, upon ap- plication of Lyle Meredith, Old Shipyard Lane and Landon Lane Southold, New York, for a v~ri: ance in accordance with the Zoning Ordinance, Article III. SectiOI~.2g9"s,,:;L_~-Seetiol1_ 302 for permission to put accessory building in side yard area. Loca- tion of property: Lot No. 89, Map- of Founders Estates, Southold, New York. 9 :45 P. M. (EDST) , upon ap- plication of H. Alvin Smith, New Suffolk Avenue, Mattituck, New York, for a variance in accord- . ance with the Zoning Ordinance, : Article III, Section 300 C-3, Sec- J . tion :!.O~ion 301 and Section ..' 280A of the TOwn Law, for per- 'ffi1SSiOfi to divide propert.y, put two accessory buildings in front and side yard areas, insufficient setback in front yard and ap- proval of access. Location of property: Right of Way, south side of New Suffolk Avenue, Mattituck. New York, bounded north by Paust; east by Hollis Creek; south by other lands of applicant; and west by right of way and T. Witschi. Dated: September 29, 1972 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-10-5 I Ii'SUFFOLK ~EW YORK I I } ss: Whitney Booth, Jr., being duly sworn, says s the Editor, of THE LONG ISLAND - MATIITUCK WATCHMAN, a public news- d at Southold, in Suffolk County; and that f which the annexed is a printed copy, has been said Long Island Traveler-Mattituck Watch- 'ach week far .........({J~{]! weeY , commencmg on the ...........~......................... ..JtJ..Q;;;7T' ~~ ..............~(/~'J.:!..~......... ~ worn to before me this ..........0........... day of ....(j).c7L....., 19.7c2. ...c~...~......... Notary Public ( ADHE PAYNE Notary Pu':I,,;, S~:)~" cr' Nnw ' Resl']!')': 0 ,. ,. . York , .':, '/1 .)thIOI:{ COUllty . . 1'40. j2.3041COO CommiSSIOn Expires March 30. 197.3 , . '-.J ;J;, \.~ ~. . {? (J~ r.-fL'11 W~N \ FORM NO. 3 , TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. NOTICE OF DISAPPROVAL File No r:....L F~~ '. .~(...t... ..~~.... (r~:.""'" ...... .................Date ~.'::.;;; 5''''' II 00 0' 0 0 0/ G.- . .............. ........ ,..............................., 19 . -- T n 0 0 . ........ o . !\Z~~"'~"lj":~"""~)""";"""""""""""""" ......... ..JiJ...(j$..........i ;.....~......~............ ..............!It1((~1:.j,.. N' p. ......... ......... .......... .....-...... ..;......................... PLEASE TAKE NOTICE th . t:\ at your applkatlon dated .. ...............~ '). 1.- ...f!:.f6r.....pe"r./ It; co~syuct .i-~.~"'~!).~~.,~... ..........:.:~e p~:CIQCated.... .... .........fj..........,. 19..?~ ... .,.....'1.:.... ....lY..~.~ ....;:.... 0 t.- lA.. .~. ~.L .t- at........r~.:....~.....f.::..~..1.J . )( ... ........ Street r "<1. ~ E, 0'_ ap ........................................ Block K.. Jr ........................................ Lot " rl!'(uHlcd '"::n:wldV~". d' ................................... . ~ IU Isapproved on the f II . &l. '. ............. . IS . ~ 0 a OWIng grounds ......lr.:.~......, /3.J II,. .' '~"'..'..,.' .....................(I.....~&.:....y.tC';..l,........~ .- GA,l..' JJlI t""." '.' ~.. ....,. .~........... .../~......~.. ~r . I r I f) 7J'" l ......C................................. ~ C .:s 0 cJ C.=>> A r:& ,..........; . ..,::-...-v ~.A)..(t Iii: '. ':"';r-j t................................. ~ CI ~c.... o~ ? . ......... ...............:':-r. (?'\.~." j f (t ...L!..f ' \ '0;. I .................... . .. ...... 0 . '0 g /} c. 0 "f"';:' ....... ..... ......... .:......... c.,.... ~::..::-...::". ':'..... .. . ......... ...f'..... .."'.~ ~ '0 } (- 0 A, " !. '1" ................ ........ ..... .................................,.......;....... ~ ,.:::-::.-::-...... .:~.....~..............................;...: _..~~.J... ~ Building Insp~~t~.;....... . . ".. _ , r H TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING ,INSPECTOR APPEAL NO. DATE .. .`..". 72, TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ...:. ..........of .... —.......... Name of Appellant Street and Number l` 4 i w C Ct-S................................ .........t�...+`.........HEREBY APPEAL TO ....................... ............ Municipality State. THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ...:................................ DATED ..°�....�.�:...�:�J......�.:F... . WHEREBY THE BUILDING INSPECTOR DENIED TO .......................... - Name of Applicant for peprmit ....... Street and Number Municipality State ( ) PERMIT TO USE { ) PERMIT FOR OCCUPANCY ( X) PERMIT ACCY BLDGS. IN FRONT AND SIDE YARD AREAS 1. LOCATION OF THE PROPERTY P/..$..PXI.VAT.E..RiGHT..OF...WAY.,..MAATT.ITU.C.K. .........!'X'....Rt.ST.. Street Use District on Zoning Map .. ................................................ ............ ��( f14C �. /°� Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ART III , SEC 300 C-3 & 302 , . " �;Z�o A - 3. TYPE OF APPEAL Appeal is made herewith for y A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal @f (has not) been made with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ...........466......_6....... Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (K A Variance to the Zoning Ordinance is requested for the reason that C A`t - G D G A%V P0_r 136 O U I L-1- I (V '-C]'E Q_ yA_2D DvE- T 3 r? ESA( FILL AVD /-70SS-, /�Lj:-:_ Yi0AR/" .1 AMI'6 5 ujaLL_ AS, Po � Lr A,/C dT<4 w F20V,.e NEus DjI LLiril6 . 1 �41` (a FT- S < J 1VA0 C) L. cuL_ G c v c r6- s Forni zsi -FW C Al A�ESS(CF e% ro3 e_ C ��. onti ue on o er side REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP'because c Vea�, L-0Qf: z 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ; - AiLy - t a �j 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because$ I S I S P t U T /ch ABC- D E- vL 1_ 0 IE7 J?, �:AMtLV USL 0 � L a �P4FPk0'�ox D �ci1L � �(t/C• S : LJ C b L (�c �✓ (2 X L }?c! 3 L c r STATE OF NEW YORK ) ss ......... ........................ .. ...... COUNTY 'OFSWVk-k- ): Signature Sworn to this ..................... .......... day of.. ........ .......:........... 19? C� Notary Public TERRI LEE EIAK j4OTARY PUBLIC, State of New York No. 52-6168295 Quaidied in Suffolk CarMY Caphmisslan' Expires N?amrl SO. 19 2q FORM NO. t TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ......................................... 19........ Application No. ................................ Approved ........................................1 19........ Pemit No. .................................... Disapproveda/c ............................................................................................ ........................................................................................................................ ................................................................................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................................................. 19............ INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e.. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursua'm: to.the Building Zone Ordinance of the Town_ of Southold,Suffoth County, New York,and other applicable Laws,Ordinances or Regulations,for the construction.of -- buildings, additions or alterations,-or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws; ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in buildings for necessary inspections. R14 E ••tftLL 144-ri a.0 RP-,....I.................. (Signature of applicant,or name, if a corporation) ..... ............ (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.- ..................................... ........................................R ..s n r 8......................................................................... Name of owner of remises %iWn tEVt............................................................................. ............ If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Map No.: .................... Lot No. ............................................. Streetand Number ....... .......................................... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ............. .......Ya Aqr .................................................................................... b. Intended use and occupancy .................... iv „C . fl ................................................... 3. Nature of work (check which ap, licable): New Building .....X............... Ac Jition ...... .............. Alteration............... Repair ......................... Removal ......................... Demolition ........................ Other Work .................................... (Description) 4. Estimated Cost .......... ............ Fee ................................................................................................. (to be paid on filing this application) 5. If dwelling, number of dwelling units _12ng........ Number of dwelling units on each floor ......................................... If garage, number of cars ......... Car ...a Im.dat ......................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................................... 7. Dimensions of existing structures, if any: Front ..................... Rear ........................... Depth ................................... Height ........................................................... Number of Stories ............................................................................. Dimensions of same structure with alterations or additions: Front .......................... Rear ......................................... Depth ............................................. Height ......................................... Number of Stories ........................................ 8. Dimensions of entire new construction: Front ......................... Rear ............................ Depth ................................. Height ... ............................................. Number of Stories ........ ................................................................................ 9. Size of lot: Front ......235.i........................ Rear ..........36L_...................... Depth .............. Height .................................................... Number of Stories ...................................................................................... 10. Date of Purchase ..................................... Name of Former Owner ............................................................................ 11. Zone or use district in which premises are situated ...................... .......................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be regraded ....................... Will excess fill be removed from premises: Yes No 14. Name of Owner of premises ......AIM1.0..Snlkh.... H=10.4....................... (Address) (Phone No.) Nameof Architect ..................................................................................................................................................... (Address) (Phone No.) 52_4949 Name of Contractor ... .4A43..!kt1 ...y.........9.......... 'Address) (Phone No.) PLOT DIAGRAM Locate clearly and distinctly all buildings,whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate wheth- er interior or corner lot. 'y 4eb S�-,e kk So STATE OF NEW YOR COUNTY OF ............. ............. SS ...... ...... ........... .................... being duly worn, eposes and says that he is the applicant above named. of signing contract) .............. He is the .......................... __................ ........... ..I.......................I...... ......................................................... (Contractor,agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner CX set forth in the application filed therewi F,-_AN�r_7S SC��7`C-B yo-k ............... .......... a ... . . . . . ....9.7..S Notary Publi . ..... ..... _........ ............ ......... .. . I ny ....... ............ ......................... (Signature of q��hc�n . . Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle Southold Town Town Office Main Road Southold, New September 26, 1972 Board of Appeals York 11971 Re: H. Alvin Smith Gentlemen: - . Please be adivsed that H. Alvin Smith has been to the Planning Board with a map of his property which he proposed fora minor subdivision. Apparently he has decided to abandon the plan for a minor subdivision and is going ahead without Planning Board approval to divide the property which is in violation of the Subdivision Laws of the State and the Town. The Planning Board recommends that no consideration be given to this application. JW:tle Very sincerely, ~o-~~~ ~ John Wickham Chairman . iii ! I Ii ! ill ; ii i I . I I - '" . ~~ 669 Bougainvillae Road Naples, Florida 33940 October 19, 1972 Zoning Board Southold Town Southold, LI., New York 11971 ATTN: Mr. Robert Gillespie, Jr. Chairman 4C-CfS> Dear Mr. Gillespie: I understand there has been some confusion regarding the request made in my behalf by Mr. Walter Uhl for a "side yard" variance. Perhaps the following will help clarify my position: 1. Original discussions regarding my property with the Planning Board elicited the suggestion" "ours was a natu.r.al for "clustering" and if I would consider a "negative easement" on the beach front areas they would suggest a zoning board variance." This was agreeable to me. 2. We completed contracts for the sale of the westerly half of our land to Dr. Thomas Witschi who A. Did not want the guest cottage but provided us twelve months for its move across the private road, and B. Requested a building restriction on the land so that our buildings would be in the north half of the 40,000 square foot area and thus not obstruct their view. This approach paralleling the "negative easement" idea was likewise agreeable and has been done by deed restriction. 3. Meantime we learned of the difficulties of obtaining a tlclustering variance"-the alternative being to connect all three buildings and increase the guest house to 850 square feet. Since this was not economically practical for a facility used only occasionally (seven weeks in the last two years) we passed this approach for the conventional and acceptable non-cooking guest facility. 4. Mr. Uhl has a plot plan showing the proposals: A. Following Mr. Terry's information-"in line set back" from the private road; Mr. Paust's house is 30', ours will be 31' to 40'. A north side setback of 15' is necessary which is agreeable. , - ~ ~ .. .. :: E ; .. Ii Ii I = .. Iii I I " o e -2- B. In talking with Mr. Paust this is agreeable with him. As a matter of fact, 10' from his line is also agreeable and he is writing you-subject of course to not breaching our long established (before zoning) east set back (130' from private road). C. Dr. Witschi is concerned with appearance and desires locating all buildings as far east as possible. But at the time of our sale to him, he did know our plans, knew the guest house was involved of course, and he himself desired clustering as far north (and east) as possible. D. Finally, the stove has already been removed from the cottage. E. Needless to say, we'd like to build the main house facing "the view" and have the guest cottage-garage in back and not easterly far enough to be close to the creek, obstruct the Paust view, or make turning into the garage too awkward. I am sending a copy of this to Mr. Cron, my attorney, and to Mr. Uhl so they will be familiar with these details. If there is any- thing else I can do to help resolve this matter, please let me know. Cordially, I/~~ H. Alvin Smi th ~ P.S. I regret not being able to handle this in person, but Dr. Witschi was anxious for occupancy for school reasons and so we had a much earlier departure from Mattituck than we would have desired. HAS/st cc: Mr. Walter Uhl cc: Mr. Richard Cron , ':.) ~ I I I I I . " o o October 20, 1972 Zoning Board of Appeals , ~own of Southold Southo1d, N.Y. 11971 re: Appeal of H. Alvin Smith Property, New Suffolk Ave., Ma.ttituck, N.Y. Gentlemen: At the hearing on the reference appeal Thursday ev~ning, October 12, 1972, I was advised by the chairman and by Mr. ~ron, the att- orney representing Mr. Smith, as follows: That the granting of this application wou.~d not directly or indirectly result in a division of the 40,000 square foot lot in question into two lots which could be sold off as separate lots. 2) That the so-called "accessory building" or "guest house" would not be a segem:Ctwelling since it could not aI1d would not contal. a kitchen with the usual cooking facilities such as a stove, etc. 1) On these statements, I then advised the Board that I had no ab- jection to the 10 foot side yard next to my property or to the location of the garage as shown on the Plot Diagram in the Build- ing Permit application dated September 22, 1972. If any part of the statement in item I or 2 above is incorrect, then I register my objection to the entire application. I' There was a suggestion, I be+ieve by the attorney for Mr. Witschi, that the main house be moved further east towards Hall's Creek and a 50 foot set-back from the road required. I pointed out that thiS was not possible. A buildlng line deed restriction running north and. sO'tlth,affe~tingMr. Sm.itb's+9tas well as my own, pro- hibits the erect~on or mafntenance.df any building between that line and Hall's Cree,k. I have understood from my conversations with Mr. Smith thathl~ propo~ed house will be within a foot or two of that restricti.:l(j~ 1ipe,' but not over it. I, of Qourse, would object to any "(,1.tolatiotl of this restricted deed covenant, which runs with the l;and, and would be entitled to a permanent injunction against such violation. One final matter: Mr. Smith's ~ppeal papers state under item 2 of "reasons for Appeal" that his is the "only lot on the creek in this area 'bq '..qebui,lt.pn. "This is not quite accurate. I own a large 'lot. immediately- north~which is also. on the. cr.eek and, if the presentapplicatidnis granted, I would want the same considera- tion shown me on an application for variance as is given to Mr. Smith. I I I I I . !II I I I I .. I ~ - . . o I appreciate the opportunity to make these written remarks for the record since, as I advised the Board, I will be unable to attend the adjoined meeting 6n November 2, 1972. Respectfully submitted ~GU?~ Einar B. Paust cc: Mr. Martin Suter, Mattituck, N.Y. Mr. George C. Stankevich, Main Road, Southold, N.Y. Mr. Richard Cron, Main Road, Ctitchogue, N.Y. ......... -- - H:S. Ref. #: 89-50-96 SUfRU mum DEPARTMENT Of H SERVICES .... ~t.tLy DWELUNG ONlY DA.~H.s, REf. MG, 'iq..<h-9f.y lite ... dispcBal and water supply facilities for this . location ..ve been Klspected by this Department lAd/or other a . a .. be satisfactory. 97 I CP. ~")~ - ~~~ CP :...;4--- TEST HO LE !}ark 6rOINn loomy .ronq' Pale brown cOQr.s e .sanQ' Naler In pale browr} COQroSe sand - :x: o CI) .... - ~ u' /I) ).. LIJ a:: o ::> <f 8" CD Z .... .... ... ~ Q &u : ~ o ~ ~~ i: Il\I~ ! r ! ~ as - ,~; :x: ,'# - (, o ~ O~ . ., f6 41 ~ ~ CI) <f. ~ o :x: .... 4.7' Lt.. "- o "- ~ I '0' well ~" -- - 70' . 11'-- ~~ .L 35.5 ,--- I Q }ble I ~. I::) , I :1 'vi ~~~ ~~,~ "- ~ ~ NIO/F FRED C'P~r'- ( OW~LLIIII.) G. MORITT a ROSEMARY SKYE MORITT . . 154.30' 1~ ~ 4.. ' - --- 3S.t:.'- - " ----- \~. '. ~"','-,,~ , "" QJ-. .:,-' -:'"' 5T (~~_" ~ :-.~. ~'GJ" FLOOD ZONE A-4 AREA = SI,ORR .q. ft to tie /in. H 06$ "3.00 · ELEVATIONS ARE REFERENCED TO N.6 .V. DA TUM .~ CP~ 2'4.60' - 50.30' -- 8 It) co .~ - t 0 l It) 0)- ~ It) 0 t l\I 0 CI) .J.e 'i:: II) o <0 o ~ 13.15' ,,~' <' ,~ \0 ""OJ 0 ~ 0 ~J C) ,:p fb' c,. 'li C'I) -J -J q ~ , " TN .at", ..,,, qe",.. 'M" r rr. ",. · -- · - _ /I"""'.'.' . - ...... ..".- . .. oon'"" 0..' .... 7 Pl'-...od lit ."".,.".. """ ",. .,.". .,.,..,. tor tIfItI .",y.,. .. ...,.".d II, ",. ...'.A.L... .nil ..",.H4. 8IHI .."tod for""'" "..IIY 711. ".. ,otic s,.,. Lad Tit,. A.....".". 'J ~ o Q) ~ q J: SURVEY FOR ROSEM.ARY SKYE MORITT AT MATTI TUCK TOWN OF SOUTHOLD SUFFOLK, COUNTY, N. Y. 1000 - 116 - 04 15 SC A LE I" = 30 I MAR. 16,1987 Aug. 28, '1989 ( b.D.h. ) Nov. 1, 1997 (foUndation location)': JUL Y 10,1992 ( final ) ~JCIiBW/lElID AUG 18 '1992 SoC. DEPT. OF HEALTH SEIlVItES.. The loa"'" of .... Md CH=. ."""".,.....".,. fIMl . / -.. N.... Md. ". dB tMed fro- 0""'" i. f. >: Sl.FfOU( ccunY DEPARTMENT OF tEALTH SERV.cu - FOR APPROVAL OF CONSTRUCTION 0tL y QAlW HI RB=. 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