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Home My WebLink About1300 TOWN OF SOUTHOLD, NEW YORK DATE No~ember 13,1969 ACTION OF THE ZONING BeAIrD OF APPEALS Appeal No. 1300 Dated October 24, 1969 (rehearing on Appeal No.i273) ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN-OF SOUTHOLD Richard & Marjory Mallory To Fanning Road New Suffolk, New York Appellant at a meeting of the Zoning Board of Appeals on Novetaber 13 · was consider'ed 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 OrdiDance ( ~ Request for a variance to the Zoning Ordinance ( ) 1969 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a s~ecial' exception ( ) be granted ( ) be denied pursuant to ArticI9 ......... ~ .......... Section .................... Subsection .................... paragraph .................... of the Zoning: Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8~30 P.M. (E.S.T.), a rehearing on. Appeal No. 12.73; upon application of Richard & Marjory Mallory, Fanning Road, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sectic~ 300, Subsection 6,, for permission to locate private detached garage in sideyard area. Locatioa of property: north side of Fanning Road, New Suffolk, New York· bounded north by George Tuthili, east by J. Mlynerzyk, & others, south by Fanning Road, west by A. Tonacci. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE 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 SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (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. FORM ZB4 SEE REVERSE ~oar~r bf ZONING BOARD OF APPEALS Kilo, Secretary %'/~uthold Town Bo~rd of Appeals After inves%igation and inspection the Board finds that the applicant requests permission t6 lo6~te an accessory building in side yard area. A previous appeal had been made and a hearing was held on July 31, 1969 in which the appeal was d~nied. The applicant was sent a copy of the legal notice of hparing and a copy of the Board's action. On June 1, 1969 the applicant applied for a building permit on .which the Building Inspector instructed him to locate' the garage in the rear yard area. The fact that the applicant misunderstood the Building Inspector is immaterial. No one else in the Town is allowed to put a detached garage in the side yard area. The Board finds that the applicant has a self-imposed hardship and is unable to grant relief. The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the hardship created is not 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 would change the chlaxacter of the neighborhood an~ WQu~d. r~ot. o.bserye the spirit of the Ordinancee · _ THEREFORE,, IT WAS.RESOLVED Richard & ~_.~rjory~Mallo,ry~ Fanning Road~New Suffolk, New York, be DENIED permission to. locate ~riv&te detached garag~ in side yar~ a~a as~ applied for on Rroperty located a,t north side of Fannin~ Road, N~w Suffo~lk, New York. Vote of the Board: Ayes:- Messrs: Gill~spie, Bergen, Hulse' Doyen. lES, GI:tt-~-NPOR?, N. Y~ FRIDAY, NOV'EMBeR 7, ,lgb~J, 7:40 P.,M. (E.S.T.), u~o~ a~plica- t~on of Mr. and Mrs. Russell Tuthiti X, S~ti~ 1000A, for ~ ~t off lots ~th ~ient ~on~ ~afion of prierS: no~ ~d~ ~n~r Stree~ Matfi~ck, ~ew Y~ ~d~ ~ by ~er ~d ~ ~ ~eant, ~ ~y A. ~n~to & ers, ~u~ by ~n~r Strut, w~ W~ & o~. 7:50 P~. (E.S.T.), upon ~1~ ~ ~ He.ut ~, ~erly ~ New Y~k, f~ a ~ ~ a~e ~th~ the~ ~ ~, ~c~ X, ~ ~ v~. ~a~on of p~ (~), P~c, N~ York, ~,~ by N~ R~d (~27), .~t. ~ ~ of H~, south by ~-~s ~. t~ Co~ty ~ ~o~, west. ~0~ ~ (~.S.T.), ~on ~lic~ ~ro~ ~ ~c~ ~er priva~ ri~t- ~ew Y~ ~o~ded north Matt~t~, ~ew Yor~ for a variance dent fr~ ~a~on of Pr~r~ erty: so~ ~de ~ ~d Ave~ ~attit~ ~ew Y~ ~ded n~th by ~ ni~ ~ ~, ~e~:Y~k, )LK, ] ----)RK, ~'ss: J for a variance ir~ accordance wt~h[ A ~ . the Zoning Ordinance, Article III, :.~...~f~..k.~-~ .... b~ing dnly Sworn, Section 300, Subsection 6, for per- ~/ssion to locate l)rivate detached ~ Printer and Publisher of the SUFFOLK garage in sideyard area. l.~cation of property: north side ot Fanning lewspaper published at Greenport, in said Road, New Suffolk, New York, bounded north by George Tuthill, n:oticc, of which the ,annexed is ~ printed east ~by J. Mlynerzyk & others, ~ south by Framing Road, west by A ~shed in the said Suffolk Weekly Times Tonacci ] ~ S.43 P.M. (R~.T.), upon arp~c~-] .............. : ............. week~ Crescent Beach Motel, Route 25, ?lng ..&~. ........ acc~da~ce w~th ~he]~'~:~'/ ~°*~'t' Zor~ng Ordinance, Article III, Sec- ~/~/ ~~ ~_~ ~__ ~ sion to re-locate exi~tiag off-pre- mises directional sig~ on ~)roperty of ~,mil Pupecki. ~ ~ ~ty: south side of ~o~h ~d (C~- 27), P~onk, New Y~ ~ed north by ~or~ R~ (C~7),, by Mary T~er, ~atk ~y W~ler, west by P~nic L~. 9:00 P.~. (E.&T.) a r~ea~ A~eal No. 1292, ~pon a~li~ o~ Harry and Evelyn Me~ns, Roate ~5, Or~nt, New York, for ~ acce~ t~ priva~ road in. ~e with the S~te ot ~ew York T~n ~w, S~on 280A. ~ation ~ ~operty: ~rivato ri~t-o~-way ~ ~ side of Route ~,, ~i~t,: ~ew York~ b~nded n~ by ~d ~ ~pHcant, east by Del~iek, s~ by H~, w~t by ~n & ~ ~ ~chard N~, N~ow Riv~ ~,. Orienq ~ew Y~k, for. a ~ri- ~ i~ a~cord~ce wi~ the Zo~ ~a~e, ~e ~, ~o~. 303 ~ ~e ~ ~ l~,fo~ ~ 1~ ~t. ~. ~ati~ o~ ~ ~ H~ ~ ~ by ~ ~ w~t ~y ~. ~ ~ ~ ~ hea~ ~ at~ ~ t~e ~ p~ce ~: ~ 23, 1969 BY~ OB~-m OF T~ SOU~OLD T~ ~O~ OF ~P~ 1~N7 ~qOT[CE OF REARINGS Pursuant to Section 267 of the ~)wn Law and the provisions of tie amended Building Zone Or- d}nance of the Town of Southold, I~ffolk County, New York. pub- hearings will be held by the Board of Apl~-~,ls of the Southold, at the Town Main Road, Southold, ~ York. un November 13, 1969 '8:15 P. 1~. (EST), upon appli- cation of Irene i, Sound Ave- nue, Mattituck]~ ~w York, for a variance in sccordance with the Zoding Ordinauee, Article ZZLCO~m~TY OF SUFFOLK Section 3~, and Article X, Sec- '-"' SS: tion 1000A, for permission to setSTATE OF NEW YORK off late with i~sufficient ~e. Location of property: south side of ~ound Avenue, Mattituck. New York. bounded north by Sound Avenue, east by VCalter L. C. Whitney Booth, Jr., being duly sworn, says WliUam~,southbyRaltrend, westthat he is the Editor, of THE LONG ISLAND by Agw~y g 30 P M (EST), a rehearing : ' ' Zi TRAVELER - MA-I-I'ITUCK WATCHMAN, o public news- en Appeal' No. 12~3; upon app - catien of Richard and MarjorYpaper printed at Southold, in Suffolk County; and that Mallory, F~aning l~,~d, New Suffolk" New York, for a variancethe notice of which the annexed is a printed copy, has been in accordance with the Zoning Ordinance, Article IH, SectionP~bhshed in said Long Island Traveler-Mattituck Watch- 1O00A. for permission to set cation of James Kavanagh with insufficient area. of property; southeast D/~/A Crescent Beach Motel, of Fleets Neck Road and Route 25, Greenpert. New York, Avenue, Fleetwood for a special exception in accord- Map No. 1268, Lot No.'s 13, ance ,with the Zoning Ordinance, & 15, Cutehogue, New York. Article n~I, Section ~00, Subsec- ~:40 P. M. (F. ST), upon appli- tlon 10, for permission to locate existing off-premises di- al Mr. & Mrs. Russell rectional sign on property of New .Suffolk Avenue, Emil Pupecki. Location of prop- New York, for a vari- erty: south side of North Road .accord~ncewiththe Z_on- (C R 2~), Peconlc, New York, ~,]~n~. ArticlelII, ~eci - bounded north by North Road ~0~, and Article X, Sect ~o~ (C R 27), east by Mary Turner, for permission to set o south by Sidney Waxler, west by lots with ~lcient frontage. Peconic Lane. ~Location of p~ol~rty: north side 9:~0 P. M. (EST), a rehearing ~f Center Street, Mattituck, New un Aplm-al NO. 1~2; upon appll- york, bounded north by other cation of Harry and Evelyn land of applicant, east by A. Mcarns, Route 25, Orient, New Buc~nlto & others, south by york, for approval o~ access to Center S~veet, west by ~lishusen peivate road in accordance with & ot~aers, the Stete of New York Town 7:50 P. M. (EST), upon appli- Law, Section 2~A. Location of cation of Rolmut Hass, Beverly property: private right-of-way Road, Southold, New York, for off north side of Route ~5, Orient, a special exception in accord- New York, bounded north by. ance with the Zoning 0rdiuance, land of ap~lleant, east by Deid- Article X, Section 1097, Subsec-, rick, south by Hess, west by section (e), for permission to Bxown & others. repair and re-construct existing 9:15 P. M. (EST), upon apPll- non-corfforming building in ex- cation of Richard Nagy, Narrow cess of value. Location of prop-iRi~er ROad, Orient, New York, erty: south side of North Road} for a variance in accordance with (C R 2~), Pecoinc, New York, the Zoning Ordinalle$, Article bounded north by North Road ~II, Section 3~J, and Article X, (C R 27), east by land of Hub- Section 1000A, for l~lission to bard, south by lands of the divide lot with less th~n 100 ~t. O0unty of Suffolk, ~vest by other frontage. Location of property: lands of the applicant. . :west side of Harbor Road Orient, 8.:09 P. M. (EST), ~.l~n~ap, p.h-New York. bounded north by cat,on of Henry J. Srmth, ~oum- land of Nelson Douglass Estate, son Road, Peconic, New York, east by Harbor Road, south by for approval of access over pti- ~ld Dadson, west by Orient rate right-of-way in accordance ]~y. with the State of New York · v - ~ ~ 280A Loca Any person desiring to be -~.nwIl Law, oeewol~ · 'hoord on the above aPPllcationsl · : t side of~- - t~on of property .wes .... fshould appear at the tnne and~ ~arroll Avenue, an~ eas~ roue ~ ~ooo sr~aifled. York, bounded north by L. IRR, · ' ' BY'ORDER O1~ TIlE east by Carroll Avenue, south by SOUTHOLD TOVCN Lindcay, Smith &~ others, west BOARD OF APPEALS by Peconic Lane. 1T---6 the following appeals: ~00. Subsection 6, for permission ':~0 P. M. (~), upon appll- to locate private dstached garageman once each week for ..... .~</Z~/~,.....~..../../.. weeks/ Leffarts P Edson Exe- in sideyard area. Location of of o1 the ~u__ _ ~r__~ , Road, New Suffolk, New York" ~ ............................ .............................................. · ............ .... Sworn to before me this .......... ./..~ ....... day o~ .......... ........ Notary Public / ~i~/::~ ,~ ~)~ ~ 3 ~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. i__~0 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) . 'l(lame of' ~p~eJla, nt ...... Street and Nu~l~;;r ................... New Suffolk New York ..... HEREBY APPEAL TO .............. ; ...................... .............................................. ..... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT 'NO ..... 433.72 DATED June 2, 3.969 WHEREBY THE BUILDING INSPECTOR DENIED TO RICHA_TCDand ~RJORY NALLORY ................ ................ of Fanning Road, New Suffolk, New York ........................................................... .................. ................... Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Per~it to build pri~ate detached garage. "A" DiST. N/$ Fanning Poad 1. LOCATION OF THE PROPERTY .................... XX XX ....................................................... .............. Map 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.) ~RT. ZII. Sec. ~00 Subsec. 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. 6.2 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~) 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 Zuly l~, 1969 and was made in Appeal No .......... .Ir..-2..?..~-. ............. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that a permit was issued on June 2, 1969. Through misunderstanding, appellants believed that it approved sketch of lay ~ -~ Appellants proceeded to construct garage on side out as submi~eo-. yard ~as per sketch at considerable expense until informed by building inspector that there was a misunderstanding between them and the t. d- Bull zng Commissioner, Howard Terry, who issued the permi ~'otm z:B1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus'e the lot slopes up sharply in the rear Raking it impractical to build the garage there. Appellants request that garage be located in westerly side yard where the ground is more level and access~thereto.-is more practical and easier. The lot slopes upward f~om the road to the rear line. The house is built quite far back from the road, fifty (~0') feet to be exact, on the slope of the lot. A garage in the rear yard would be impossible to get to, in and out, in'bad weather due to the steep rear yard. 2. The hardship createdis UNIQUE and is notshared by all properties alike in the immediate vicinity of'this property and in this use district beca:use This lot was the first to be laid out on this particular street. The other lots to the west have a more ~ra~ual slope up from the road. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because There will be a six (6) foot sideyard on the westerly side of the garage. It will be set back further than the appe!!smts' house at the house westerly on the adjoining lot so there will be no harm. or injury to the neighborhood. STATE OF NEW YORK ) ) COUNTY OF ~UFFOLK ) SS Sworn to this ............ ...~....?...~...~... ........... .. doy of .......... oisooer, 69, JOSEPH ~. KRUPS[I ~TARY PUBLIC, State of New No. 52-22~Z200, S~ffoJk County FOKM NO. $ TOWN OF SOUTHOLD BUILDING D~PARTM~NT TOWN CI~RIUS OFFIC£ SOUTHOLD, N. Y. ORDER TO REI~DY VIOLATION / Date ............ &~t · · · ~[ ...... 19~. (owner or authorized agent of owner) (address of owner .or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Z(~ning Ordinance Other Applicable Laws, Ordinances or Regulations .................... at premises hereinafter described in that .... .~..~.8.$$.~;[~..~[~1~. ]~,~. ~1~,~$ ~ (state character of v: olation) in violation of A~. 1~4~. 8Oe~.~O~, -]00. $11~- 6t. ]~l~.l.d~· BORS- OTl~J~tf~Oe ..... (State section or paragraph of applicabletaw, ovoinance or~regmauon] YOU ARE THEREFORE DIRJ~TED AND ORDERED to comply with the law and to remedy the eonditi, ons above mentioned forthwith in or before the ~.i ..... ~.~ .............. day of ........ ~p~ ......... 19.6~. The premises to which this ORDEI~ TO RFAViEDY VIOLATION refers are situated at ~ .~. ~Z~[~ · ~- ~lf~$]JP$ ..... County of Suffolk, NeW ~York. Ap 83. ,Ion,%od Boea*d Ap J of law may constitute an offense punishable by fine or imprisonment or both. Building Inspector I 0 6's