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Home My WebLink About132 TO~VN OF SOUTHOLD, NL~V YORK ACTION OF THE ZONING BOARD OF APPEALS Appeol No. 132 DatedDecember 29, 19~8 ACTION OF THE ZONING BOARD OF APPEALS OF TOV~N SOUTHOLD Jessie Volinski To Shipyard Lane East Marion, New York Appellant at a meeting of the Zoning Board of Appeals on Ja.nuary 8~ 19~9 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 permit under them Zoning Ordinance ( 30 Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL PERMIT. By resolution of the Board it was determined that o special permit ( ) 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)_~,~z,lre~) produce undue hardship because there is no other possible use zor the property other than residential purposes. (b) The hardship created (is) {~,~) unique and (~l~(would not) be shared by all properties alike in the immediate vicinity of this praperty and in the same use district because premises Are an odd lot in the middle of many other lots all of which have frontage of 100 feet or more. (c) The variance (does) :3~e~gl~) observe the spirit of the Ordinance and (~r~ll3g (would not) change the character of the district because o~ the si~.e e. ad character of the residences beln~ buil~ in the neighborhood. and therefore, it was further determined that the requested variance (X) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed (X) be reversed. Location: East side Shipyard Lane, East Marion, New York. Board unanimously granted application to use premises for residential ~0Poses under the condition that theEront yard setback be at least feet from Shipyard Lane to conform with setback requirements established by the Building Ordinance. ZONING BOARD OF APPEALS Secretary ~orm lB4 L~,GAL NOTICE Notice of Hearin~ Pursuant ~o ~eetion 267 of the Town Law ~ tho . the ~nde. Building Zon, Ordin~n,. of the Town Suffolk count~ New ~ork, ~ubli¢ hearings will be Zoni~ Booed of Appeals of the Tow~ of Southold at the Tow*l 0ffice~the followin~Main S~e~.appe&ls~Southold~ New ~ork~ on~ Jaluary o~ 19~9 orpermit to. use p~mises ~ reslaen~l~ p~ses in aocordmnce the Zo~ 0rd~o®, ~ticle VIII~ Section 303, on premises located on the ~st side cf Shipped ~ E~t ~ion, g:~5 P.M. (E,S.T.) upon ap~lication of ~ldsztth ~os., for. . Nalter Ra~iell, for a s~ei~ exCep~ion ~n accord~ce with Zoning Ordinance~ ~tiele III, section 3~, for ~t ~ build on propSrty located In $ose ~eck Estates, Bay .View l~s 8:~ P~M. (E.8.T.) U~n apFlication of A~nOld ~acks fo~ remow of Notice of Violation .issued by ~ild~g Inspector. ~cation of property~ C/~ 3o~ Ave., ~t~it~c~, ~,Y., ~u~ NOrth $o~d Ave., and l~d of Papisn$ ~asm oy l~d of ~lko~ Eouth l~d of C. Yrice~ west by I~ of H~lo~k, INSi,'FCTOR, ~WN CLV~('8 O~ICE~ ~IN RO~ ?0U~OLE~ COpies ~ll~ ~ L.I. Traveler-~ttitu~k Watc~an A~ ~0~ D~ T0 ~ HT'~ 0N T~ ~0~E A[.PLICA~IC~ 8HOU~ Al. ~.~ AT T~ TI~ ~ P~CE ~0VE 8PECIF~D, Copy mailed to Volinski - Dec~ 30 COUNTY OF SUFFOLK ~ STATE OF NEW YORK I ss. NOTICE OF HEARING Pursuant to Section 267 of the Town Law and the provisions of the Amend- ed Building Zone Ordinance of the Town of Southold, Suffolk County, l~ew York, public hearings will be held Dy 'thc Zoning Board of Appeals of t,_h,e_ Town of Southold at the Town Clerk s Office, Mair[ Street, Southold, New /iYork, on January 8, 1959 on the fol- lowing appeals: ] 7:3(} P. M. (E.S.T.) upon application icl Conrad Volinski for a variance for permit to use premises for residential purposes in accordance with the Zo lng Ordinance, Article VIII, Section 303, on premises located on the east side of Shipyard Lane, East Marion, N. Y. 7:45 P. M. (E.S.T.) upon application of Goldsmith Bros., for Walter Rand- dell for a special exception in accords , ance with the Zoning Ordinance~ Article III, Section 306, for permi~ to build on property located in Ooose Neck Estates, Bay View Road, Lot No 100, Southold, N. Y. 8:00 P. M. (E.S.T.) upon application of Arnold Sacks for removal of No- tice of Violation issued by Building spector. 'Location of property: S/S Sound Ave., Mattituck, 1~. Y. bounded 1~orth by Sound AVe., and land of Pap- lsh; East by land of Pylko; South by land of C. Price, west by land of Hal- .1TI~E AND PLACE ABOVE Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher 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 Zraveler-Mattituck Watch- man once each week for ...... ~.~_~7..~..~......~../.,~...,.. wee~ successively, commencing on the ......... ~.~.~ ........... day of ......... Sworn to before me this ......................day of .... ..... .... ADELE PAYN~ Notary public, State of ~]ew Yo~ Residing in S~:iolk Cou[tty No. 52-3941003 Commission Expi[es I~tszch 30, 1959 TO~VN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /2 ~ DATE ..... TO:THE ZONING BOARD OF ,~PPEAI'S, TOWN OF.SOUTHOLDj N: Y. (we) ........ ........ : ........... .....of ........................... Nomq of Appellant. Street and' Number ............. . Ease ~z-ioz~ - "-' .; ..................... ....~.~. .... HEREBY APPEAL-TO ~ ~' . Mun!c!pal?7 _ ._ . _ State., (~) ( ) ( ).- Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE premises ~eseribed herein for resi~e~¢i~t puz~pos.es.o PERMIT FOR OCCUPANCY Street Use District on:Zoning Mdp Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (ladicate the Articl,e Secti,o.n, Sub- section and Ra~agraph of the Zoning Ordinance by number. Do.not quote the Ordinance.) ~pe~I from ~he a~pI~o~;io~ 'of Sec. '303 pu~csuaz~t ~x5 Ar~-ele VIII ~3. TYPE OF APPEAL Appeal is .made herewith for '(~x,) ~ A VARIANCE to the Zoning Ordina~ce ~ (: ) A VARIANCE ~due to~-lack of access (State '0:~ New Yor~ Town Law Chap. 62 COns. Laws Art. ]6 Sec. 280A Subsection 3 ~ 4. PREVIOUS APPEAL A previous appeal ~besr) (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 ...................................................................... ( ) ~ ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because the applicant will be u~able to utilize the property described For any purpose whatever. It is not .su£f~cie~.t.!y~ large Se tultiv~.e.. ~e~ ~e~ter' o,f ~h~e ordinance precludes the erection of any ~etling thereon, The p!et 9~f lan.d~ however, coz~' rains in excesshof ~!0,,800' sq. ~t~ and ~s .sufficiently I~rge:-and ef.~hem.proper':/ dimensions t.o warrant the making of an exception. Moreover, .~he premises im- mediately to the north have a dwelling erected thereon which ~as i~ exista~ce previous te .the passuge~ e~ ~the zonimg ordinancem~hi.ch is °~ ~2 ~i~t wide~ and the north side of which~ '~s ~wi~hin ~ Feet of the nort~ Tine~of th~ property., Ther.e 2.; ,Tb~rc]L~Th'",p c~-~'~ate°'~a~Ts 'CJ"JkT~I~n~d'~S '~8{ ~a'~e~c~'~b~a'~fl pr'~'~oper~'*fib~'~&lT~' m the ,mn~e&a~e vicinity-of.this property and.in..this:use,ldistrict because the prem~.se~ ~, ~ue~¢,zon .~ .:~ -~ lot situated i~ the ~ddle, la¢~lly~. ~. ~?~ber .~f,; ~:_.:~ [~ ~-; ~ :S~uth, ~ll of ~i~ have front foot~e of l~ Feet or more. 3. The Variance':would ol~serVe:-thi~Zspirit o~ the Oi;di~clnce' and WOULD NOT CHANGE TF:i~ CHARACTER OF. THE DISTRICT becouse of the 8ise and o~c~er ~F ~e'resLdences being built ~ the neighborhood, and because, in spite of the relative narrowness of the premises in question, a building can be erected thereon in such a way that the si~e yard space betw~ee~ the buildings on either side-c~m be arranged, se that it will be in excess ef the m~nimum which would be permitted under the ordinanc'e. The.~ap~ti~ant is~_c.e~tent~ ~if this variaUee should b~ approved, ~"~h~Ve the Board impose set ba~ restrictions from the Street line of 40 feet, to conform to the set back established by the buildings on the south. The existing building on the property on the north has a set back ef between 8 and lO feet. The property in question is described as-'follows: beginning at a point on the east- erly line e'f Ehipyard Lane ~t the nerthwesterly corner o£ la~d conveyed-' by Oo~rad Veli~ski and Jessie Vgl~ski, his wife, to Peter Sosne~ki ~ud Helen Sosn~ski by deed dated October 25~- 1958, ~'~said point beiz~ '184,23 f~et'sontherly ~'o~g:-~ai~'~line of Shipyard Lane from land now or formerly ef C~erepowicz; r~m~ing thence along said easterly line of Shipyard Lmm?, _no_r~_~.:~2~.~eg~ees 58 minutes. 30 secomdS w~st, feet; thence along land of. Ce~ra~d-Voli~k~Ci and Jessie Volinski, north 8~. degrees 28 minutes 30 seconds east 167.52 feet to other I~nd o£-Gzerepowicz; thence along said other ls~ud of Czerepowiez, south 2~ degrees 56 minutes 30 SecOnds.east, ~0~65 feet; thence along said land of Sosnowski, south 6~ degrees 39 mi~ute~ 40 seconds west, 167,48 re_et to the po_iht or place of begi~.~ ..... STATE OF NEW YORK SS COUNTY OF 8UF~FOLK Sworn~zpthis ............. ..-..~... ........... ~ ....... .~:~da¥ of .......... I)~.c~olab~., ........................ 1c) 158. Resiclln~ iu SuffoLk County elks. No. 52.5826x. 00 ~l~mnission Expires March 30, 1960 FORI~I NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL Mop ........................................ Block ............................................ lot ............................................ is r~ disapproved on the ~following grounds .~.........?....~....~....~~ Building Inspector NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERKfS OFFICE SOUTHOLD, hi. Y. Examined ............... ~~1 Approved .................................... , 19 ermit No ............. Disapproved a/c ........................................................................................... .... ....................................... (Building Ins c~) Application No ........~.~... ........ APPLICATION FOR BUILDIhiG PERMIT Date ..................... .~ ...................... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. 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 prope, rty must be drbwn on the diagram which is part of this location. 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 ava,ilable for inspection throughout the progress of 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 pursuant to the Building Zone Ordinance of the. Town of Southoid, Suffolk 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 and regulations. ............................ ignature of applicant, or name, Jf a corporation) ' ' (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ................................ ./~...~..~_ < ,/ / ,..; .............. ., ................................................................................. Name of owner of If applicant is c corporate, signature of duly authorized officer. (Name and title of corporaCe officer) 1. Location of land on which proposed work will be done. Map No: ............................................ Lot No: .................... Street and Number ...~r :~..~...~.......~..~./XZ..~..p ~-'.O~.~....~...~..O?~..~...~.. Municipali~ 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: us. ........ ................................. ................. b. Intonded use ~nd occuponcy .. . ........................ 3. Nature of work (check which applicable): New Building .................... Ad6,.,,~on .................... Alteration .................... Repair .................... Removal .................... Demolition ........ ......... Other Work (Describe).~...~.../.'./~..~-~.. ~. ~,~,e~ Co~ ..?~.~,.~ ..................... .'.~.....~..~,.~..~. ...................................... ~.~?.....5~..: ........ - (to be paid on filing this application) 5. If dwelling, number of dwelling units....~...~:J~umber of dwelling units on each floor ...... If garage, number of cars ........... ~.~ ........ ' ...................................................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ......... ~.~ ..... ~.~o.~ o~ ~,~ ~, ~ ~.~: ~o.~ ...... ~ ........... ~ ......... ....... ~t~ ....... ............ ~.. ~,~h~ ...............~ ~ .......... ~o~ o, s~o~ ...:~. ................... ~.~...~.c re~.....~.~....~~.. Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Dop~h ................................ Hoi~ht ................................ Mumbor o{ Storios ................................ 8. Dimensions of entiro new construction: Front ............................ ~eor ............................ Dopth ............................ Height ............................ N umber of Stories ................................ 9. Size of lot: Front ...... /,~-_ ,,,~,,~:"~"~"~'"'"~'" Rear .......... ..~.....~....~......./-Depth ....... t0. Date of Purchase ....O...~.~.y...¢....'..C.~..~... ........ NamE~f Former Ow, ner~.~.m...~...~.....~..?~.~...~, 11. Zone or use district in which premises are situated ........ ~. -/.~...~.~....'...~...~.. ..................................................... 12. Does proposed construction viqJate any zoning law, ordinance or regulation? ..../...'......'~.. ....................................... 13. Name of Owner of premisesd~t~..~.(.~.'~'~.'.^ddress ..~.°.~........?..-..-~- .~....'''~''.../.~..'2~/. Phone NO~'~...'../.~:.~?.~.-'~--) Name of Architect .................................................... Address .......................................... Phone NO ..................... Name of Contractor ..................................................... Address .......................................... Phone NO ..................... P. LOT DIAGRAM Locate cleaHy and distinctly all buildings, whether existing or proposed, and indicate alt set-bock dimensions from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner tot, - - STATE OF NEW Y~DR~/ ..P/~ -¢ S COUNTY OF ~' ' / .................................... ~ .~ ~.... ~./~.'.~ ~'. .......... b e in g (N'~e of individual signing application) duly sworn, deposes and says that he is the applicant above named.~'l'~eCeis the ...... '~.....f~.....~..~....~.......~.. ..................................................................................................................... (Contractor, agent, corporate officer, etc.) of said owner, or owners, and is duly authorized to perform or ha~e t~erf0rmed the sai~l work and to make and file this application; that all statements contained in this application are true to the best of hb knowledge and belief; and that the work will be performed in the manner set forth in the applicati'0n filed therewith. Sworn to befO~,~ me this