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Home My WebLink About1315 TOWN OF SOUTHOLD, NEW YORK DATE ~.a~y 19, 1970 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1315 Dated January 29, 1970 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Martin U. Michaelis a/c William Bruckner 67 Park Avenue 75 Henry Street New York, N.Y. .- Brooklyn, N.Y~ at a meeting of the Zoning Board of Appeals on February 19, 1970 was considered and the action indicated below was taken on your ( ) R6quest for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance iX ) Request for a variance to the Zoning Ordinance ( ) Appellant the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Artlcle .................... Section .................... Subsection .................... paragraph .................... of the Zoning OrdinanCe and the decision of the Buildin~ I~spector ( ) be reversed ( ) be confirmed because 7:45 P.M. (E.S.T.), upon application of Martin U. M~ichaelis, 6~7 Park Avenue, New York, N.Y. a/c William Brucknera 75 Henry Street, Brooklyn, N.Y., for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for per- mission to build new one family dwelling with reduced sideyard area. Location o.f property: private right-of-way off east side of West Mill Road, Mattituck, New York, bounded north by ~ ~ private r, oad, east by W E Sander, south by Mattituck Creek, west by C W Argentieri. 2. VARIANCE. By resolution of the Board it ~vas 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 ali 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) change the character of the district because SEE REV ~:RSE (would not) 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 , PPKO /ED FORM ZB4 ~ / / ZONING BOARD OF APPEALS Betty Neville, Secretary Southold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to build new one family dwelling with reduced sideyard area. The existing structure Ss set on the preperty line at the southerly end of the lot. Applicant intends to construct new one family dwelling fu~t~er,northwith 5 ft. side yards. This will improve the use of the lot. 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 this property and in the same use district; and the variance will not change the character of the district and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Martin U. Michaelis, 67 Park Avenue, New York, N.Y. a/c WilliamB=uckner, 75 Henry Street, Brooklyn, N.Y., be GRANTED permission to build new one family dwelling with reduced sideyard area on-p~01~erty located on private right-of-way off east side of West Mill ~oad, Mattituck, New York, subject to the following condition~: No Certificate of Occu~mancy shall be issued on the new structure until the old structure is demolished. VOte of the Board: Ayes:- Messrs: Gillispie, Bergen, HulSe. NOTICE OF HE~EINGS 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 hearings will be held by the Zoning Board of Appeals of the Town of Southoid, at the Town Office, Main Road, South- old, New York, on February 19, 1970 on the following appeals: 7:30 P. M. (EST), upon appli- cation of Joseph and Mary Kit- win, Box 43, Pine Tree 'Road, Cutohogue, New York, for a vari- ance in accordance with the Zon- Lng OrdLnance, Article 111, Sec- tion 303, and Article X, Section 1000A, for permission to set off one lot with insufficient front- age on south side of Pine Tree Road. Location of property: Bay Avenue and Pine Tree Road. Cutchogue, New York, Map No. 1179 Nassau Farms, Lot No.'s 103, 104, and part of 105. ?:45 P. M. (EST), upon appli- cation of Martin U. Michaels, 67 Park Avenue, New York, N. Y. a/c William Bruckner, 75 Henry Street, Brcoklyn, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permiasion to build new one family dwellin~ with reduced sideyard area. Lo- cation of property: private right- of-way off east side of West Mill Road, Mattituck, New York, bounded north by private road, east by W. E. Sander, south by Mattituck Creek, west by C. W. Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: JANUARY 22, 1970 BY ORDER OF THE SOUTHOLD TOWN BOARD O1~ APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER -MA'I-TtTUCK 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- / mon once each week for . ~...~ ~:,...~,.'d-~2 ...... ~~..~... week~ successively, commencing on the ...............~..f~. ................ ............ ...... , Sworn to before me this ...... ~..~ ......... day of .......... ......... , THE SUFFOLK TIMES LEGAL NOTICE 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 Soutbeld, at the Town Office, Main Road, Southold, New York, on February 19, 1970 on the following appeals: 7:3O P.M. (E.S.T.), upon ap- plication of Joseph and Mary Kirwin, Box 43, Pine Tree Road, Cutcbegue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Sec- tion 1000A, for permission to set off one lot with insufficient frontage on south side of Pine Tree Road. Location of property: Bay Avenue and Pine Tree Road, Cutchogue, New York, Map No. 1179 Nassau Farms, Lot No.'s 103, 104, & part of 105. 7:45 P.M. (E.S.T.), upon ap- plication of Martin U. Michaels, 67 Park Avenue, New York, N.Y. a;c William Bruckner, 75 Henry Street, Brooklyn, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to build new one family dwelling with reduced sideyard area. Location of property: private right- of- way off east side of West Mill Road, Mattituck, New York, bounded north by private road, e~st by W. E. Sander, south by! ~UFFOLF,, 1 ~ ss: LEGAL NOTICE :W YORK, j Mattituck Creek, west by, C. W.c . .~.,.~.~ .... being duly Sworn, Afgentieri. Any person desiring to be heard on the above applications should iS Printer and Publisher of the SUFFOLK appear at the time and place~s' u newspaper published ~rt Greenport, in said specified. ' DATED: JANUARY ~, l~q0 B~ ORDER OF THE SOUTHOLD~ the notice, of which the ,annexed is a printed TOWN BOARD OF APPEALS published in the suid Suffolk Weekly Times cmce in ectch week, ~or ...... .~--..~..~. ............. week~ successively commencing on the . :~.~.~~ ....... .. ~. ~ .~. ~.~ .~ ....... Sworn to bef~e me this . A.~.~ ..... I f~.&~i~/~'11~ .... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSP_CTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~artin U, ~chaeli~ 67 Park Ave. 1, (We) ......................................... , .............. >.~. ...... of ............................................................................ Name of Appellant ~ //) r, Street and Number ...................... ,I~.e.?....~.?.E.~. ...................... .~.~?..'~!,!.t...c~.,,.~]~..:~*~..'~t....~...°..°.~ ...... HEREBY APPEAL TO Mun ic ipal ity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD,~IG IN.S~PECTOI~'N APPLICATION FOR PERMIT NO ..................................... DATED .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ~¢L~rtin U. ~ichael iz Name of Applicant for permit of 67 Park Ave. Ne~ York Street and Number Municipality State PERMIT TO USE 1. LOCATION OF THE PROPERTY Pvt. Roo.W. "A" District Street Use District on Zoning Map ............. ~ .......................................... ~ ........... e/$ Wo~]ill ]2cad, ~ttituck 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 Ordi,nance.) Art. Iii, Sec. 80? 3. TYPE 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 ;(~iZ) (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 ~ermit ( ) 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 ~s requested for the reason that the plot has au unusual shape and construction of a normally proportioned house would be practically imoossible. l%rm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar/ HARDSHIP because see page l'. 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 all other plots are wider. 3, The Variance would obse~e the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the new structure will be 8e~ back from the building line of the closest building aud a distauce of at least 2o f~. will be kept. The Variance would reduce the set-back dimensions from the side property lines to S ft. on both sides. STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ................ ,¢~_... L~ ~ Signature TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ~OTICE OF DISAPPROVAL File No ................................................................. Date ............................. ~ .......... ~ ............ 19...Z.0. ................... ~..~.o..~k.....~.,.~: ............................ PLEASE TAKE NOTICE that your application dated, ail ~3 19...~..0. for permit to construct ...... ¢t.~$..9.~,~:i%2g .............. at the premises located at ...S../...S.......P.'.V...T...~....0....~,$. .... ..0. f. ?....~ ./..S.......~..e...s..2.... ~.i..~...~ .o...a.~. ......... Street ~iattituck B.Y. Map .......... ~ ........................... Block ........ ~ ............................ Lot ...... ~ ..................................... is r~~~ disapproved on the followin~ ground~ ............ ][~.tt~g~.~ ............ ..... s2~...~-ar~.m.£mr.. ~Lo.t...o£...o...e.~....1.2.,.~.0fi.. ~ 2.. 2:.~.. ~.ea .......... ............................ ~..t....~..~....s..e ~..t. ~..o...n....3...o.z ............................................................................................ FOF~M NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN GLERK'S OFFIGE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ............................. Disapproved a/c .............................................................................................. Application No ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ........... .~ ~ .~..~...:~, .r....~. ~. ......................... 19....?.g .... INSTRUCTIONS a This application must be completely filled in by. typewriter or m 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 deCailed description of layout of property must be drawn on the diagram which is port 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 in.spection 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 Southold, 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, building code. housing code, and regulations. ......................... ~'~t~leOO~ .aP4~'ljcqnt'~IcD~e£l~,°r.name' ifc corporation) 57 Park Ave. New YOrk, 1Cf (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. a rc?~itect Nome of owner of premises ........... .~.~¥.~...~..~.,'.~.~,.~. ,o..,~.e..?. ....................... .. .......................................................................... If applicant is a corporate, signature of duly authorized cffJcer. (Name and title of corporate officer) 1, Location of land on which proposed work will be done. Map No.: ........................................Lot No.: ................... ' ...... Street and Number ..~.~...~..~.~.?...~.'-.g-~...-°-.~..-.~.~f.-~....-e--/-~-..?.~.:--,~?t'~'---~'O''~-~-'.--~'~''~'~ ................................ Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ............... ~..~,g.,~..t¢.jr...O.~....~..O...q.8..~., .................................................................................. Vacation house b. Intended use and occupancy .......................................................................... ~ ...................................................... 3. Nature of work (check which app~,~bble): New Building ...... ~ ......... Addi,,/~ . ................. Alteration .................. Repair .................. Removal .................... Demolition .................. Other Work (Describ.e) ........................................ ~ 18~ 0o0 ' Fee 4.Estimated Cost ...................................................................................................................................................... (to be paid on filing this application) 5.~'"lf dwelling, number of dwelling units ......... ..~...' .............. Number of dwelling units on each floor ............................ ~f garage, number of cars ................................................................................................................................ ~ ............ 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 The exis~n~..~.t....r~..:9..t.~.e.~...w..z..l..~...."..e~....d..e...m.9..l...~..~...h.e:¢ .............. Dimensions of same structure with alterations or additions: Front ....................................Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front ....... .2..9,.,...~--~..t ............... Rear ....... .~...9....~...~..,. ....... Depth ..... ..~..~.....~..~...~. .... Height 26 ft. Number of Stories ....................................................................... Size of lot: Front ..... .~.P....¢.~.-~ ........ ; Rear ..... ~.~.*.~..~...~.~,- ...... ~... Depth ..,¢..~..~...,.~..~.../....~.,~.~;,91 Date of Purchase ..... i~.8...~..~...~,...~...~.~.....]..-9-.6.-.~- ................. Nome of Former Owner .... ~;~,~.....~..~..~.¢.?.. ......................... "A" District Zone or use district in which premises are situated ............................................ ~¢~¢F:t"l'"~"~:~;~b~ ........... Does proposed construction violate any zoning taw, ordinance or reaulation? ----&.8.-.eZz¢.]~se~ .............. '-, ............. 75 ~e~y St, ' Name o{ Owner o{ premises .~.g..i..1...1..i..~....B.?..!A...O.~.e...~,Address ]~(~Dk,l-~. ........................ Phone No...?,,~..~...-..~...~..~.~ Name of Architect .~.a..;..r..t.~....U..'...~.,c..h..a...e,.1-&~'.....Address 67 Psrk: A~e; NY0 Phone No. Name of Contractor .................................................... Address ............................................ Phone No. 10. 11. 12. 13. 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 end indicate whether interior or corner lot. ~ z / STATE OF NEW YORK, ~' S.S. COUNTY OF ................................ ~ .... ~...~.~..~z~:t.k2...~/..,...Z~r~X.(~..~.~...~, ....... ,~. ....................... being duly sworn, d~oses and says tha¢ he is the applicant (Name of individual signing application) above named. He is the ............................................................. ~.~'-~'~'~ ....................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to ~ke a.nd file this application; that all statements contained in this application are true to the best of his knowledge and belief; and thor the work will be performed in the manner set forth in the application filed therewith. Sworn to b~ me this ~ ....... o, .... ~/~ ~ . [~ //~' ~ ....... ~..~ ..... ~ ........ ~..~~ ........................ Notaw Te~J ~pir~ ~a~ch 30, 197~ Town of Southold Office of Building Inspector Town Clerk's Office Southold, NY 11971 att: Mr. Howard Te~£-y Dear Mr. Terry: Please receive our Application for Building Permit and Appeal for a Variance. As we discussed on the telephone, the drawing filed with the Application serves only the purpose to indicate the design. A complete set of drawings will be prepared and submitted as soon as a l~ariance is granted which will establish the plan dimensions of ths building. I hope that you will consider our appeal favorably. Sincerely yours, Martin U. Michaells, AIA §7 Park Ave. ~ew York, NY lool6 encl.: Application for Building Permit, in duplicate Appeal from Decision of Building Inspector, in dupl. 2 checks, $ S and $ lo Design drawing , in duplicate New York, January 28, 197o