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Home My WebLink About1371 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1371 Dated August 31, 1970 1970 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Edlla Koubek 2[[ Ohamplin Place East Islip, New York Appellant at a meeting of the Zoning Board of Appeals on 0~tober l, 1970 was considered and the action indicated below was taken on your (X) 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 ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) .be denied pursuant to Amticle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7~4~ P.M. (E.S.T., upon application of Edna. Koubek, 24 Champlin Place, East Islip, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, for permission to set off lots with less than 100 foot fron~age,.and for approval of access over private right-of-way in accordance with the State of New York ~own Law, Section 280A. Location of property: east side of Harbor Lane, Cutahogue, New York, bounded north by I~. P. ~u~hill, east by Eug~nets Creek, south by S. Mitacchione, west by Itarbor Lane. 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 unnecessary (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) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decision, s of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 BOARD OF AP. PEALS MarJor~e McDermott, Secretary Southold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to divide lot and approval of access to interior lot. The Board finds that the applicant wishes to make two lots facing Harbor Lane, with remaining land facing Eugene Creek as a third lot. This third lot to be reached by private road with access to Harbor Lane. The applicant proposes to build a home on the interior lot (Creek frontage) and sell the two lots fronting on Harbor Lane - a public highway. This will give access to the front lots on the townroad and the applicants will maintain access to their home. It is proposed to locate the private d~iveway (access) along the northerly line of the property. The Board finds that atric~ application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. TEEREF(~E, IT ~AS RESOLVED Edna Koubek, 24 Champlin Avenue, East Islip, New York, be GRANTED approval~ of access over private right-of-way in accordance with the State of New York Town Law, Section 280A, on property located east side of Harbor Lane, Cutchogue, New York.- This approval of access is GRANTED subject to the following conditions: 1. The southerly lot on Harbor Lane to be 100.ft. x 250 ft. The northerly lot to occupy the~remaining frontage on Harbor Lane, approximately 103.91 ft. x 250 ft.; both on the northerly lot lines and the southerly lot lines. 2. That the access of l~m. and Mrs. Koubek be reserved over the northerly lot, width 16 feet, from Harbor Lane to the easterly portion of the property, which Mr. and Mrs. Koubek propose to use for their own residence. Vote of the Board: Ayes:- Messrs: Gillispie,Bergen,Hulse,Grigonis. LEGAL NOT~CE 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 th~ Town Office~ Main Road, Southold, New York, on oct~ber'l: 1970 on the following appeals: 7:30 PoMo (EoDoSoTo)~ upon application of Stanley So Corwin~ 114 Main Street, Greenport~ New York a/c Grace Bo Raymond~ East Marion~ New York,. for a variance in accordance with the Zoning Ordinance, Article III~ Section 303, for permission to set off lot with less than 100fto frontage. Location of property: private right-of-way off west side of Rocky Point Read~ East Marion, New York~ bounded north by LoIo Sound~ east by other land of Grace Bo Raymond, south by private right-of-way, west by Edna Bennett° 7:45 PoMo (EoDoSoTo), upon application of Edna Koubek~ 24 Champlin Place~ East Islip~ New York, for a variance in accordance with the Zoning Ordinance~ Article III, Section 303~ for permission to set off lots with less than 100 fto frontage, and for approval of access over private right- of-way in accordance with the State of New York Town Law, Section 280A~ Location of property: east side of Harbor Lane, Cutchogue, New York~ bounded north by W P Tuthill~ east by Eugene's Creek~ south by S~ ~::-..],~'.~ west by Legal Not.' Page -2- Harbor Lane° 8:00 P~Mo (EoDoSoTo), upon application of George Ahlers, 250 Cox Lane, Cutchogue~ New York a/c Martha Milowski: Mattituck~ New ¥ork~ for a variance in accord- ance with the Zoning Ordinance~ Article III, Section 307~ for permission to construct addition to existing dwelling with insufficient side yard areao Location of property: north side of Sound Avenue to Middle Road~ Mattituck, New York~ bounded north by Middle Road~ east by G iH Riley Estate~ south by Sound Avenue~ west by F L Danowski. 8:15 PoMo (EoDoS~To), upon application of Robert Lenzer~ Canal Road~ Mount Sinai~ New York~ for approval of access over private right-of-way in accordance with the State of New York Town Law~ Section 280Ao Location of property: private right-of-way located off east end of Sound View Avenue~ Mattituck~ New Yorkj bounded north by land of the applicant~ east by land of the applicant~ south by land of the applicant, west by Jo Michaelecko- Kontos~ 8:30 PoM~ (EoDoSoTo), upon application of GoWo Smith & Sons~ InCo~ Main Road~ Southold, New York a/c Paul Diefenbacherz Pine Neck Road~ Southold~New York~ for a variance in accordance with the Zoning Ordinance~ ~ticle III~ Section 305, for permission to construct addition to existing dwelling with insufficient frontyard setback° Location of property: south side of Pine Neck Road~ Southold~ New York~ bounded north by Pine Neck Road~ east by EdWo LaFreniere~ south by Fairview Park Sub° west by AoMo Mann° NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Or- dinance of the Town of Southold. Suffoll¢ County, New York, public hearings will be held by the Zoning Board of Appeals at the Town of Southold, at the Town Office, Main Road. Southold, New York, on October 1, 1970 on the following appeals: 7:30 P. M. CEDSTI, upon ap- plication of Stanley S. Corwin. 114 Main Street, Greenport, New York a/c Grace B. Raymond, East Marion, New York, for a variancc in accordance with the Zoning Ordinance, Article Section 303, for permission to set off lot with less than 100 ft. frontage. Location of property: private right-of-way off west side of Rocky Point Road, East Marion, New York, I~unded north by L. L Sound, east by other land of Grace B. Ray- mond, south by private right-of- way, west by Edna Bennett. 7:45 P. M. IEDSTL upon ap- plication of Edna Koubek. g4 Champlin Place, East Islip, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 303, for per- mission to set off lots with less than 100 ft. frontage, and for approval of access over private right-of-way in accordance with the State of New York Town Law. Section 280A. Location of property: east side of Harbor Lane. Cutchogue. New York. bounded north by W. P. Tuthlll, east by Eugene's Creek, south by S. Mitacchione. west by Har- bor L~ne. 8:00 P. M. (EDSTL upon plication of George Ahlers, 259 Cox Lane, Cutchogue. New York a/c Martha MilowskL Mattituck, New York. for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Section 307, for permission to construct ad- dition to existing dwelling with insufficient side yard area. Lo- cation of property: north side of Sound Avenue to Middle Road, Mattituck, New York. bounded north by Middle Road, east by O. H. Riley Estate, south by Sound Avenue~ west by F. L. Danowski. 8:15 P. M. (EDST). upon ap- plication of Robert Lenzer, Canal Road, Mount Sinai, New York, for approval of access over private right-of-way in accord- once with the State of New York Town Law,, Section 280A. Loca- tion of property: private right- of-way located off east end of Sound View Avenue, Mattituck, New York, bounded 'north by land of the applicant, east by land ol the applicant, south by land of the applicant, west by J. Michaelecko-Kontos. 8:30 P. M. (EDST), upon ap- plication of G. W. Smith & Sons, Inc., Main Road, Southold, New York a/c Paul Diefenbacher, Pine Neck Road. Seuthold. New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 305, for per- mission to construct addition to existing dwelling with insuffi- cient frontyard setback. Location of property: south side of Pine Neck Road, Southold, New York, bounded North by Pine Neck Road, east by Edw. L~Freniere, south by Fairview Park Sub. west by A. M. Mann. Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: SEPTEMBER 10, 1970 BY ORDER OF THE COUNTY OF SUFFOLK / STATE OF NEW YORKt ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MAI-I'ITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ..... .(. ....... ~"~.:.~.....~..,.(.,.'~... week~r successively, commencing on the ..................~.::?~ ............... dayof ............... : ...... /~'~''~'/"/:! ......... '~' 19.,z., ..... , Sworn to before me this ~ ) day of ..... ........ , : 19.,:..~... **************************************************************************** ~ot~-~ ~ THE SUFFOLK TIMES LEGA I~ ~DTIC E Notice ot'Hearings Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the 'Town of Southold, Suff01k~unty, 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 1, 1970 on the following appeals: 7:30 P.M. (E.D.S.T.), upon application Of Stardey S. Corwin, 114 Main Street, Greenpert, New York a/c Grace B. Raymond, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, for permission to set off lot with less than 100ft. frontage. Location of property: private right-of-way off west side of Rocky Point Road, East Marion, New York, bounded north by L.I. Sound, east by other land of Grace B. Raymond, south by private fight-of-way, west by Edna Bennett. 7:45 P.M. (E.D.S.T.), upon application of Edna Koubek,, 24 Champlin Place, East Istip, New York, for variance in accordance with the Zoning Ordinance, Article III, Section 303, permission to sot off lots with less than 100 ft. frontage, and for approval of access over private right-of-way in accordance with the State of New York Town Law, Section 280A. Location of pr- perry: east side of Harbor Lane, Cutchogue, New York, bounded north by W P Tuthill, east by Eugene's Creek, south by S. MJtacchione, west by Harbor Lane. 8:00 P.M. (E.D.S.T.), upon application of George Ahlers, 250 Cox Lane, Cutchogue, New York a/c Martha Milowski, Mat- truck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 3O7, for permission to construct addition to existing dwelling with insufficient side yard area. Location of property: north side of Sound Avenue to Middle Road, Mattituck, New York, bounded north by Middle Road, easf by G H Riley Estate, south by Sound Avenue; west by F L Danowski. 8:15 P.M.(E.D.S.T.), upon application of Robert Lenzer, Canal Road, Mount Sinai, New York, for approval of access over private right-of-way in ac- cordance with the State of New York Town Law, Section 280A. Location of property: private right-of-way located off east end of Sound View Avenue, Mat- tituek, New York. bounded north by land of the applicant, east by land of the appticanL south by Inad of the applicant, west by J. Michaelecke-K~tes. 8:30 P.M. (E.D.S.T.), upon application of G.W. Smith & Sons, Inc., Main Road, Southold, New York a/'c Paul Diefenbacher, Pine Neck Road, Southold, New York, for a variance in cordancc with the Zoning Or- dinance, Article III, Section for permission to comtruet ad- dition to existing dwelling with insufficient frontyard 'seiback. Location of woperty: south side (~ Pine Neck Road, Southoid, New York, bounded north by Pine Neck Road, east by Edw. LaFreniere, south by Pairview Park Sub. west by A.M. Mann. Any person desiring to bo heard on the above applications should appear at the time and place specified. DATED: SEPTEMBER 10, 1~70 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ? ss: ..... ...... being duly Swo,u, says that . .~.~... is Printer and Publisher of the SUFFOLK ~VEEKLY TIMES, a newsp~pe~ published crt Greenport, in said county: and that the notice, o! which the ,annexed is ~ printed copy, has been published in the said Suffolk Weekly Times ~nce in each week, f~r ..... .~..'.~.' ................ week~ successively commencing on the .?~J.~..'-Y~ .~.~... .. ~--~...~...-~..~... 7~.."~ :77¥.~. >.-: ...... Swo~ to ~f~e me this .~ ~.'[~... I .......... ............... F. LANGTON cORWIN- , ~,,*,rv Public State ~. New ~'";,'~ ,i. Co Offic al No. 52~71~?~ . yno~ ' ' ~'~-ires March ~. 1~....I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOT~CE OF DISAPPROVAL To .Kdna.,~.oubek ................................................... ........ 2~.....Champ.l-i-n...~.ve ................................. .......... East. Ial&l~.....L..I.....1~..~. .................... PLEASE TAKE NOTICE that your application dated ......... J~.ll{~l/~t.....~.l ............... 19....~0 ~or permit to ~...ff~e ..~¢~..&../~%~ p~&~&~¢~ ~o~. .............................. .... E./;h.....:..a~hoz:...I~m~e ........................... Street ( utcho~:;ue Map ........ ~ ............................. Block .~ .............................. Lot ...........~ ................................ is ~~~disapproved on the followinF ground~ ....... ..a~d......a.~r~a]....of...a~ce~s...t.o...~e~:Zo~...l~.....~z.~..&li.. se c...~0.3...u...~.en~i~n ........ 2.~X~a...o J'...2 c.~zn..i.aw. ............................................................................................................. TOW OF SOUTHOLD, HEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE August 31 1970 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .....E..d.p..a......K..o..u...b..e...k. ................................... of .8.~...C.h~P. li~..~.~.~.~ ..................................... Name of Appellant Street and Number East Islip, L.I. N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON & Access APPLICATION FOR PERMIT ~. to...di~ide...l~t ..... DATED ....... i~Ug~S.t.....,3.1..f....l$?O .......... WHEREBY THE BUILDING INSPECTOR DENIED TO Edna Koubek Name of Applicant for permit of 24 Champlin Ave., E. Islip, N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to divide lot and approval of access to interior lot 1. LOCATION OF THE PROPERTY in Cutchogue, N.Y. Street Use District on Zoning Map ....... ~.~...~.~...~.~...~...~..~ne z~zDning about 791.0 de,p Map Na. 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 Ordi,nance.) 3 TYPE OF APPEAL Appeal is made herewith for (~) 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 (IIU~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a ,variance and was made in Appeal No ................................. Dated ...................................................................... (X) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequestedforthereasonthat Please see survey attached. ~ould like to make two lotm facing ~rbor Lane, with remaining land facing E~gene Creek as a third lot. This ~rd lot to be reac~ed b~ private road wi~h access to Harbor Lane. Fon~n ZB! (Continue on other side) REASON FOR APPEAL Continuea 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties sary HARDSHIP becaus~: 'We prOpose to buLld, a ho~'~'~e ~o]~' r lot (Creek fronta?e) and sell two lots fronting o~ pu~li c highway. This will give acces~ to the :'font road and we will only have to maintain tree acces~ t~ It is prOposed to locate the private "driveway" the northerly line of the property. 2. The hardshb created is UNIQUE and is not shared by alt properties alike ~n the mnmed~ot vicinity of this property and in this use district because: This parcel nas over acres in ail, some of the creek front is raeamow land wtulct: to maintain, and make three usable building lo'ts of t e 3 The Variance would observe the spirit of the Ordinance and WOULD NOT :]]HANGE CHARACTER OF THE DISTRICT because: We propose to have: o~L' , ,~ waterfront and sell two lots for one family dweJ iings L'~"o~v~n~ public road. This will be in keeoing with the residential ~.eve.~t~.me~ neighborhood. STATE OF NEW YORK COUNTY OFSuffolk SS this ~. day ol Signature $~pDeBber Road Map of Edna Koubek ~oale~ 100' , 1" Ouaranteed to Security T~tla & Oua~amty Oo aa aureeye~ July · d, 19~9 Van Tuyl & Son Lioenaed L.&nd Surveyors G~eenpor~, Total