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HomeMy WebLinkAbout1510 TOWN OF SOUTHOLD, NEW YO" DATE ....A.P.r 1....6, 1972 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1510 Dated March 16, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Robert A. & Grace M. Hunter Appellant Main Street Southold, New York at a meeting of the Zoning Board of Appeals on April 6, 1972 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( X Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:40 P.M. (E.D.S.T.) . . upon application of Robert A. Hunter and Grace M. Hunter, Main Street, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property and use as single lots. Location of property: Main Road and South Harbor Road, Southold, New York; bounded north by Main Road; east by South Harbor Road; south by A. Goldsmith; and west by M. Surozenski. 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 ( ) be reversed. SEE REVERSE ZONING ARD OF AP FORM ZB4 ie McDermott, Secretary Cha f.r2 f1 als out old Town Board of Appeals After investigation and inspection the Board finds that applicant requests permission to divide property and use as single lots. The location of the property is Main Road and South Harbor Road, Southold, New York. The findings of the Board are that the resulting lot sizes will be in conformity with other parcels of property in the immediate vicinity. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. THEREFORE IT WAS RESOLVED Robert A. Hunter and Grace M. Hunter, Main Street, Southold, New York, be GRANTED permission as applied for to divide property and use as single lots. Location of property: Main Road and South Harbor Road, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. 17 f LEGAL NOTICE Notice of Hearings Pursuant to Section 267 0£ 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 April 6,1972 on the following appeals : 7 : 30 P.M. (E.S .T.) , upon application of H. M. Demarest & ,` Sons , Main Road, Orient, New York, for a special exception in accordance with Article III, Section 300, Subsection B-8, for permission to renew farm labor camp permit for year 1972 . Loca- } tion of property; south side Main Road, Orient, bounded north ! by Rodden, ,Miller & others; east by other land of the applicant; south by Narrow River Road; and 'west by Freeman and others. 7 :40 P.M. (E.S.T.) , upon application of Robert A. Hunter, and ; Grace M. Hunter, Main Street, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, ; for permission to divide property and use as single lots. Loca- ; tion of property: Main Road -:and South Harbor Road, Southold, ilbounded north by Main Road; east by South Harbor Road; south by ;; A. Goldsmith, and west by M. Surozenski. `d t �j 7 :50 P.M. (E.S.T.) , upon application of 0llie M." Overton, ' Main Road, Southold, New York, for a variance in accordance with I�Ithe Zoning Ordinance, Article III, Section 301, for permission Ito set off lots of 100 ft. frontage and less than 40, 000 sq. ft. ; area. Location of property: south side Terry Lane, Southold, 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 April 6, 1972 on the following appeals: 7:30 P.M.' (E.S.TJ, upon ap- plication of H.M. Demarest & Sons, Main Road, Orient, New York, for a special exception iri accordance with Article III, Section 300, Subsection B-B, for permission to renew farm labor camp permit for year 1972. Location of property: south side Main Road, Orient, bounded north by Rodden, Miller & others; east by other land of the applicant; south by Narrow River Road; and west by COUNTY OF SUFFOLK. Freeman and others. 7:40 P.M. (E.S.T.), upon ap- plication of Robert A. Hunter and Grace M. Hunter, Main Street, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property and use as single lots. Location of property: Main Road and South Harbor Road, Southold, bounded north by Main Road; east by South Harbor Road; south by A. Goldsmith, and west by M. Surozenski. 7:50 P.M. (E.S.TJ, upon ap- plication of Ollie M. Overton, Main Road, Soothold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to set off lots of 100 ft. frontage and less than 40,000 sq. ft. area. Location of property: south side Terry Lane, Southold, bounded north by Terry Lane; east by E. LaFreniere; south by Southold Bay; and west by other lands of the applicant. B:oo P.M. (E.S.T.), upon ap- plication of Nicholas DeChiaro and another, 35 Brunswick Avenue, Williston Park, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301, for permission to divide property into two lots of less than required area for each. Location of property: Lake Drive and Lake Court, Southold, New York, bounded north by Lake Drive; east by Lake Court; south by Great Pond; and west by land now or formerly of Fischer. B:10 P.M. (E.S.T.), upon ap- plication of Jernick Moving a.nd Storage, Inc., Marys Road, Shelter Island, New York, for a variance in accordance with the Zoning Ordinance, Article XII, Section 1204F, for permission to IVl)' \,jgmm:SSlOn txp1res March 3D, 19~ rebuild a non-conforming business building. Location of property: east side Moores Lane, Greenport, bounded north by Village of Greenport property; east by land of School District No. 10; south by Kalin and Herzog; and west by Moores Lane. B:30 P.M. (E.s.TJ, upon ap- plication of Peter Grippe and wife, 1190 Boylston Street, Newton Upper Falls, Massachusetts, for a variance in accordance with the Zoning Ordinance, Article III, Section 300C-(f), for permission to convert and existing non-- conforming business building into a dwelling with over 301J floor area devoted to studio. Location of property: south side Main Road, Orient, bounded north by Main Road; east by Sabine; south by Droskoski, and west by Droskoski. Any person desiring to be heard I on the above applications should appear at the time and place specified. DATED: MARCH 16" 1972, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS " NOTICE OF HEABINGS A Pursuant to Section 267 ot the Town Law and the provisions or the amended BuDdlng Zon. Ordinance of the Town of SOutho1d,' SUlfolk County, New YOI"k, public, hearings will be held by the Zoning Board ot Appeals ot the Town ot SOuthold, at the Town OIfIce, Main Road, SOuthol'd, New York, on April 6, 1972 on the toUowinC appeals: 7:30 p, M, (IlST). upon appli- cation of H.M. Demarest & Sons, Main Road, orient. New York, for a special exception in ac- cordance with ;Artlcle In. Sec- tion 300. Subfectlon B-S, for permission to renew farm la.bor camp permit for year 1972. Loca- tion ot propertt: south side Main Roo,d. OrIent, boUllded north by' ROdden, Miller & others; east by' other-land of the applicant; south by Harrow River Road; and -west' by Free- man and others. 7:40 p, M. (I!ST) , upon appli- cation of Robert A. Hunter and Grace M; Hunter. Main Street. Southold, New York., for a. vari- ance in-accordance with the Zon- Ing Ordinance, Article III, Sec- tion 301, tor permlBslon to divide property - and use as single lots. Location -of property: Main Road and South Harbor Road, South- old, bounded north by Main Road; east by South Harbor Road; south by A. Goldsmith, and west by M. Surozenski. 7:50 P. M. (EST), upon appli- cation of Ollie M. Overton, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to set off lots of 100 ft. frontage and less than 40.000 ~q. ft. area. Location of property: south side Terry Lane, Southold. bounded north by Teny Lane; east by E. LaFreniere; BOuth by Southold Bay; and west by other lands of the applicant. 8:00 P. M. (EST), upon appll- cation of Nicholas DeChiai.'o and another, 35 Brunswick Avenue. Williston Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301J. for permifsion to divide property into two lots of less than required. area for ea.c.h. Location of property: Lake Drive and Lake' Court, ,Southold, New York, bounded north by Lake Drive; east by Lake Court; south by Great Pond; and west by land now or formerly of Fischer. 8:10 p, M. (I!STl, upon appll- cation of Jernick Moving and storage. Inc., Marys Road. Shel- ter Island, New York, for a. varl- ..nee In accordance with the Zoning Ordinance. Article XII, section 1204F, for permission to rebuild a non-conforming bUfi- ness building. Location of prop- erty: east side Moores Lane. Oreenport, bounded north by Vill&.ge of Greenport property: east by land of School District No. 10; south by Kalin and Her- zog; and west by Moores Lane. 8:30 P. M. (EST), upon appli- cation of Peter Grippe and wife, 1190 Boylston Street, Newton Upper Falls, Ma~sachusetts, for a variance in accordance with the Zoning Ordinance, Article III, Section 30OC-(f), for per- mission to convert and existing non-conforming business bund- ing into a dwelling with over 30 % floor area devoted to studio. Location of property: south side Main Road. Orient, bounded north by Main Road; ea~t by Sabine; fouth by Droskoski, and west by DrokoskI. Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: MARCH 16. 1972 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS lT~30 COUNTY OF SUFFOLK STATE OF NEW YORK } ss: C. Whitney Booth, Jr., being duly sworn, soys thot he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN. a public news- poper printed at Southold, in Suffolk County; and that the notice of which the annexed is 0 printed copy, has been published in said Long Island Troveler-Mottituck Watch- man once each week for .......a::}/..-t.<?...U)=<- weeky' , . C2'c successively, commencing on the ...............3.0................ '---? /' ~ r '. if day of .........k.hC.a..{"..ii. ....., 19 .:)... Sworn to before me this .......:Q.!~.T doy of ...":zt..(a~c.l.L.., 19.7.;;: ....,.,.....C2..:&il......~....,., Notary Public (j ADELE PAYNE Notary Public, State of Ne'l! Yo~ Residl'h':: in SLJff:::dk COlJ:~;'{ f~o. 52-3041000 _~ Commission Ex~:,cs M<Jrch 30, 197.....) - FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. ........ ......... ....................................Date ................. .. ?!......... ....., 19/..... � TO .... �� ..... . . . . . .......... ....... .. .... �.. ....... ........ PLEASE TAKE NOTICE that your q4Wdated ..... ::. ...: ............. for permit to „c w ya.:.4.i.lot the premise ccated at p..�.. £y .P ... r . ....:. ... ..... ?�.. Street Map ............ ......................... Block .........X........................... Lot ..........t'................................. is —fiiirrad ha Rwith --id disapproved on the following grounds '°I"Y°+ 12 1 !7 ..... ......... .... ..... .... L ...... ......,rt.�. ......... .............. ...A................... - ..... ... ....................................... { > .. ...:.. ..... ............. i Building Inspector \ Y 00 Rec. $15.Tgre check Receipt # 3907 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 1510 DATE .1darch..1.65,_1972 TO THE ZONING BOARD OF APPEALS, TOWN OF-SOUTHOLD, N. Y. GRACE M. HUNTER, 1 (We)' ROBERT,--,.A'. HUNTER and ( Main Street,.... .... of ......................... .. ..... Name of Appellant - Street and Number Southold NeW-JRKIS,......HEREBY APPEAL TO ............................................................................. Municipality State I THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING. IN{SPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .............. ,,.......% WHEREBY THE BUILDING INSPECTOR DENIED TO J ROBERT.A,.._HUNTER„and„GRACE,.M..„HUNTER Name of Applicant for permit of Main...Street.............................. wA. kl0.W.................... ew, York............... . Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ) Permission to set off Lot of less than 40, 000 square foot area. 1. LOCATION OF THE.PROPERTY .Na.ia..&aad...�t1d:.S9Ll�h.Herb,QgRpad........."A..'... istrict Street Use District on Zoning Map Southold, N. Y. ...............................................'...................... 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.) Article III, Section 301 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 , 4. PREVIOUS APPEAL A previous appeals) (has not) been made with respect to this decision of the Building Inspector or with respect to t s property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that applicants desire to sell said premises, and have found a bona fide purchaser who will purchase both parcels provided that a dwelling ,house can be constructed on Parcel II. Form ZBi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicants purchased the premises(designated as Pacrels I and Parcel II on the accompanying survey map) as separate parcels in 1947 and 1949 respectively, prior to the enactment of the zoning ordinance, with the understanding that a dwelling house could be maintained on both parcels . Parcels in the vicinity of applicant 's property on South Harbor Lane have houses built on approximately the same area as Parcel II. 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 properties fronting on South Harbor Lane (100 foot and 94. 55 feet frontage) presently have dwelling houses constructed on them and are singly and separately owned. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because resulting lot size would be substantially in conformity with the parcels of property fronting on South Harbor Lane in the immediate vicinity. Directly across Main Road, on the North side two dwelling houses occupy similar size lots , and the construction of a dwelling house on Parcel II would be in keeping with the existing construction in the adjacent properties . STATE OF NEW YORK ) COUNTY OF SUFFOLK- ) Signature Sworn to this...:...25,th............................. day of.............7Rn.uary,.............................. 1972 Notary Public RENSSELAER . 4c4R', .D!2. Notary Public, Stale o` New York Residing in Suffolk Coan'Y No. 52-3954850 Commission Expires March 30, 1973� ,I , , I"'" '-' o Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, New York 11787 April 10, 1972 Mr. Robert W. Gillispie, Jr., Chairman Town of Southold Zoning Board of Appeals Box 296 Main Road East Marion, New York 11939 Petitioner Robert &: Grace Hunter / Nicholas De Chiaro Peter Grippe ~ Mun. File No. Gentlemen: Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application will not be reviewed because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. Please forward copies of the petitions, maps showing location of subject properties and any other pertinent information. Thank you. Respectfully yours, ~ ~fA Uu ~~ J- {1_1 L-- {'I-II Lee E. Koppelman Dire9tor of Planning --/-' by \J-L-.~t 4. 7l~ ~Hltr PLANNER . 'I b.. . "" ~.. ~ Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, New York 11787 May 8, 1 97 2 Robert W. Gillispie, Jr., Chairman Town Board of Appeals Box 296 Main Road East Marion, New York 11939 Petitioner Robert 8< Grace Hunter Mun, File No. : S.C.P.D. File No.: SD 72-11 Dear Mr. Gillispie: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above captioned apllication which has been re- ferred to the Suffolk County Planning Commission is considered to be a matter for local determination. The decision of local determin- ation should not be construed as either an approval or a disapproval. Comments: With the understanding that single and separate ownership of both parcels has been confirmed. Respectfully yours, Lee E. Koppelman ,.':';i'.:.r. 0: :~~;:C. bY~,,,,.J~ //~~_ CRlEF PLANNER ''''', "". ,,,.~,, , ... ."" . ,_. . ~ ~"~..~.~"-"-~-,,,,_..,,,, .. ,,,. ... . ".. .,.,-,.,,"~.~'.,.~~._- - ~-_.._--,.,,~..,._~. ~. -. ,"".".~"..~, ,,,. ,,,., '..' , "" "'" ',' , \ \ \ \ \ \ \ PROPERTY OWNERS ~ . ,..........4 /'" \ \ \ \ I Adorn Cierach 2 Josephine Surozenski 3 H. Brewster Foucan .~ Elizabeth Faucon 5 Edword A. Prechtl 6 John a Alice Droskoski 7 Josephine Surozenski 8 Antone Surozenski 9 Robert a Groce Hunter 10 Alfred a Marjorie Goldsmith II James a Claro Gallagher 12 John a Jacqueline Boker 13 Florence H. Lehr 14 John a Dorothy Lehr 15 John J. Diller ot 01. 16 Vila Amari 17 William a Gertrude De Zavala 18 John a Edward Diller \ \ \ \ \ /'~\ \\'\<\ \\\3 " D\ / 'Z-~'\ '~ II " \9.\-'0.' ~/~. ~~~. ,~/ \~-{ \ ....,o'~. ,- \ o',)'/. ' \ f? ~'ftIi. \0000 ~ \ eSirl ~o1>S) ~Gi ~~~.. Vent/o/ s U'o~ ~ ~1>-/- ; ~~. ~!" 500' \ // \ 8 " <:11.0<:1 \ form . " 8 ,\ ---I..J!~;~\ 'gl,DiStr' 115 \ 6 \ ----\- 500~ \ fes. U -I . Ie t . ~ v'- .10 . :J: \ \' 7 tafm '\~:~ n ~ \ . \ . II U 'XI \\-I . ".. ~ ----\------ \ \ t-- 16-. \ :-,) \ ~ ~ -- -:;;.::.;-- 17 \ \ ~ --~ ---I -- \ ---- REVISIONS ".-/ / \ , (\ \ " \ \ \ < On . '~/n9 \ 5 \0'<<' 2 \0'<<' ~ , -."-,.,.,.",,,,,.,,,,,,,,,,,,,",",,,,,,,,,,.,",,",,,," .1 rol ~ 1 ~ ~ """C"c. 1Il.a. , , YOUNO. & YOUNG 400 OSTRANDER AVENUE'; I\IVERHEAD, NEW YORK ALDEN W. YOUNG PROP'ESS'ONAL EHGlHED Alia LAND SURVEYO"-. N.Y... Ltc. NO. 1..4,. HOWARD W. YOUNG LAND SURVEYOR N.Y.S. Lie. NO. 48"3. PLAN PREPARED FOR: Roberf A. a Groce M. Hunter Main Rood Southold, N. Y. FOR VARIANCE TO ZONING ORDINANCE AT SOUTHOLD GUARANTEED TO, TOWN 01' SOUTHOLD'- SUFFOLK CO., N';Y. I" = 200' DATE'APRIL 27,1972 E: 72- 06 ?-o~\) ~~\~. . ,. ~ . , !, , '-, ;.. ~, .,<-" ~ 'k," ~ ( -' '" -:r (:> <ll -- ~ (f) c:: ... o ... <ll :> (JI ~. I NOTE' .. MONUMENT i ~ . ~ - cr';!: 't;,\f _,i'_',V ,.< , " ~':~1~ ~_ '" IT' I: , l ';:/i ,j;. ,. -'" rz.. Vj " ~~s "*"':-" >i' 'f (j) ',' o c :--\. " ':1: ;". >,~~ . " ,', -J '; . 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