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HomeMy WebLinkAbout1251 TO~VN OF 8OT~I~HOLD, ~ YO~K ACTION OF THE ZONING BOJ~,T~ OF A~ Appe~ No. 1251 Da~ 5/~2/69 AC~ON OF T~ ZO~G BO~D OF ~P~ OF ~ TO~ OF SO~O~ To Peter S. & ~le~or ~rchica Si~s~e Road Ma~i~uck~ ~w York Appellant at a meeting ~f th~ Zoning Board o~ Appeal on 5/29/69 ws~ c?asid~ _~1., and-the a,ction indicated beloW was taken 01! your ( ) Request for variance, due:lo lack o£access .to proper~y _ .~ .' ( ) Request for a special exception under the Zoning I( ) Request for a variance to the Zoning Ordinance ( ) ' the appeal 1. SPECIAL EXCEPTION. ,By resolution Of the-Board it was def'emined that a ~l~,ecial' ,exception ( be granted ( ) be denied p.ursuant to Article ................ :..: .~ecti?n .................... Subsection ........... ..v...- .paragraph .................... of the Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be confirmed becatme . ~7:45 P,M* (BoD.S.T~) ~ Upon applicatio~£~f Peter So & ~leanor Marchicas Sigsbee~Roads ~attituck~ New York, for a variance iff accordance with the Zoning Ordinances Article. III~ Sec~i on 303~ and Ar%icle X~ Section 100(LKs £of per~gsslon'to reduce 'frontage'and area. LoCation ~f property: lot no.'s 28 & 29 ~f Amended Map of Mattituck Park Properties, Map NCo 801. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because REVERSE practical difficulties or wnneee~sary (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 REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (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 APPROVED ,.~.~lm, ou~,u uI KI:~I$~ 'Barbara C. Dittmann, Secretary~.~_. After investigation and inspection the Board finds that the applicant requests permission to reduce frontage and area. The applicant is requesting to sell. five feet ~f property to an adjoining property. This will actually improve both propertiesj and there willlbe no physical c~nge in the property. The only change will be a line on a map, The Board finds that strict application of the O~dinance will 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 dlstrict~ and the variance will not change the character of the district and will observe the spirit of the Ordinance, Therefore ,i~i was RESOLVED Peter So & Eleanor Marchica, Sigsbee " . Roadj ' Mattltuck~ 'N~ ~0~k, be gra~t6d 'p6rAis~idn to~reduce.f-rontage and area as applied £or.0n property located~ lot.ho, fsi2 & 29~.of ~Ame~ded Map of ~MattitUck Pa~k' Pr0p~rties ~ ~ap. No, 801-~ ~m o£ Hmim~m Purluant to ~ect:ton 267 of tho TcMn La~ and the proviaXons of ~ mn~ Bu~ Z~ ~~ o~ ~e · ~n of S~ld, Suffo~ C~ty, H~ Y~k. ho~s wLll ~ h~d ~ ~o Z~g ~d of A~IS of ~e T~n of 5~oXd, mt ~e ~n O~ft~. ~ 7145 P.~ (E.D.S.T.), upon appl~cat4on o£ l~ter ~ticle III, S~t~ 303, ~d ~ticlo ~, ~ 10~, o~ ~rt~: lot ns. ts 28 A 29 of ~n~d ~p of ~ttltu~ Park ~o~rt~s, ~p No. 801. Any person deatrln9 to be heard on the above applications should al~eaz at the time and place specified. DATED~ MAY ~5, 1969, BY 0P~B~ OiP ~ $OUTHO~D TO~M BOARD OF APPEALS PLEASE PUBLISH ONCE, MAY 22, 1969, AND F~t~itD TWO (2) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TO~N BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW Y~tK. COUNTY OF SUFFOLK ~ ss STATE OF NEW YORK i NOTICE OF HEARINGS PUrsuant to Section 267 of the Town Law and the provision,~ 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 Southold, at the Town Office. Main RO ut on the L 7:45 p. My(~D~I~) rupert applt. - cation of Peter S. & Eleanor Marchica, Sigsbee Road, Matti- · tuck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 10~A, for perwAssion to reduce front~e and area. Location of property: lot no.'z 28 and 29 of Amended Map of Mattituck Park Proper- ties, Map No. 801. Any person de~lri~ to be heard on the above application should appear at the time and place specified. DATED: MAy 15, 1969 BY OP. DER OP THE SOUTHOLD TOWN BOARD OP APPEALS 1T--22 C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk CounW; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- mon once each week for ..... ~. .... ~ .... week~ successively, commencing on the ............ ~:~2..,~...<.~.. ....... of ...... ...... , day ~ ~ 1 ..................... ........ ........... , ...., 1~. ........./ ............. LEGAL NOTICE Notice of Hearings ~u~r~-uant to Sect/on 267 of the Town Lair an~ the provisions of the ~d~ Bulling Zone Or~- ,~ce of the Town of Sou~ol~ S~- folk Cou~, New York, ~c he~ings ~H ~ held by ~e Zon- ing Bo~d of Appea~ of ~e To~ of Sou~old, at ~e T~n Office, Ma~ ~ ~u~old, ~ew York, on ~ay 29, 1969 on the falling ap- , 7;45 P~. (E~S.T.~, upon ~pli- cation of Peter S. & Eleanor M~- ica, Si~bee ~d, Mattituck, ~e~ York, for a variance ~ accordance with ~e Zonin~ Ordinance, A~icle ~H, S~tion 303, ~d ~icle X, Sec- tion 1000A, for pe~iss{on to reduce frontage and ~ea. ~ation of p~- e~y: lot no.'s ~ & 29 of ~end~ Map of MatEt~k Park ~e~ies, Map No. 801. ~y per~n desiring to be hea~ on the above a~cations sho~d ar ~ar at ~e time an~ p~ce spe, fi~. DA~: ~y 15, 1969, BY ~ OF ~ SO~O~ ' BO~ OF ~ COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ...:x. :... ,~ :.,~ ,~ ,'~--'. ~ v.. d'..~.: >.,.%,_.~. ~..-... being duly Sworn, says that .. !~.-; .d, is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenpozt, in said county; and that the notice, of which the annexed is ~ printed copy. has been published in the said Suffolk Weekl~ Times once in each week, far ........ ~.~;,.~. ............... week~ successively commencing on the day of .... -. ,~ ..:f ............ 19../. ........ '/. ~ .:.~, Sworn to before me this ..~'..:.~. t~.', .'. day of ? i~-~ ~ 19~.~'/'.. ......... .......... ..... [erin Explre~ I~;x c~' 30, i9..? / FORM ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLBRK°S OFFICE SOUTHOLD, N. Y. ~OTICB OF DISAPPROVAL File No ................................................................ Date ........................... ...I~...~ ............ ].~. ............. 19...~..~. To ....Lc.v.~z~..L~.....P.r±c.e...~,/.~...Y.a.ter...~:iar.chica & Wife ......... G.r e enpo.r.*,, ....... ~....~... ............................. PLEASE TAKE NOTICE that your application dated ........................ ~ ........~.~. ..... 19...6..~.. ___r_~_d_~;e frontage of l OOfl~ lot , for permit to ~ ..................... arrnc premises located at ~d./$ ................ ....... ~igsb.y...~oad .................................... Street Mattituck Map . ?..~..~ J~ .,....~-J{!~K .. ~ 37 01:1...Block ..................................... Lot .....2.....~..~.~.. ............................... is ~disapproved on the following ground~ .W.Qlll~ lea~z.e.,.le.~.~ 1;;9-.an ~he ........ TeqtzTyed....].O~£-t..-~ront .................. A..r.~..,I]~I. _$.e.q...3,Q3...~.:....A.y.~...~....s..e..9.....1..Q.Q...(~... ........ Building Inspectoz~ .................. IRVING L. PRICI~, .IR. May 13, 1969. Mr. Howard Terry, Building Inspector, Town of Southold, Southold, N. Y. Dear Mr. Terry: Enclosed please find application in duplicate on behalf of Peter S. Marchica and wife for variance from Town of Southold Zoning Ordinance, particularly Section 303 of Article III and Section 1000A of Article X. In order to allow their neighbor on the north to widen his driveway by five feet, Mr. and Mrs. Marchica wish to sell him a five- foot strip which would reduce the frontage of their premises from 100 feet to 95 feet. Also enclosed is my check for $5.00, being the application fee. Would you kindly process this matter for the usual hearing at the earliest possible date. I remain Thanking you in advance for your courtesy in this matter, ILP:SD Enclosures Very truly yours, Certified Mail - Return Receipt Requested TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR C) APPEAL NO. DATE ....~/~,a~'.. 13, .. 1.9.6 9 TO THE ZONING BOARD OF APPEALS, TOWNOF SOUTHOLD, N. Y. Marchica ~, (We)~.P..e..t..e..r..S........M...a~..r..q.h../..c..a~...~.....~.~.e.a...n..~..r..~.~.~ ........... ~gsb.~e./~R......' ................................ Name of AppelJa,nt Street and Number Mattituck New York ...... ............................ MI:KI:BY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDINg' INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........~ ........ J...~.,.:.....f~...~. .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Request for Variance 1. LOCATION OF THE PROPERTY ........... .~..ig,.~.~..~.~...,~D.9,.d. ....................... [.~-.'.'..~.ifii. Ci.¢.i ............... Street Use District on Zoning Map 801 28 & 29 /v~ap No. Lot No.s. 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.) Article III Sec. 303 & Article X Sec. 1000A 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 ~ (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 ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applicants wish to reduce frontage from 100 feet (two [2] fifty [50] foot lots) to 95 feet frontage. Have agreed to sell neighboring owner of Lot 27 northerly five (5) feet so that he may widen his driveway because of his in- adequate side yard on his fifty-foot lot. Would reduce side line of applicant's property from 30 to 25 feet. Would widen neighbor's driveway from 15.99 feet to 20.99 feet in side line distance of 21.1 feet. Parcel to be sold marked in red on attached survey. Form ~.B1 (Continue on other side) REASON FOR APPEAL O O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because purchaser's present driveway is inadequate in width and the reduction of seller's frontage would not make oany appreciable difference in remaining lot. 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 purehaser's garage is on southerly side of his fifty (50) foot lot and location of his house makes an adequate driveway impossible without additional five (5) feet of his neighbor's lot. Purchaser cannot place driveway on other side of his house. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the ground conditions would be practically the same except that the purchaser's driveway would be five (5) feet wider. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) SS Peter S. Marchica & Eleanor Marchica Signoture Agent Sworn to this 13th day of ............. May, 19 69 Notary Public Nota~ PubJ~c, Stnte o[ New York · e~ ~ M~ 30, ~ FO'I~M ~. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. ~qOTICE 'OF DISAPPROVAL PLEASE TAKE NOTICE that your ,application dated ........................ ~i..a.y, ........ 1,.~. ..... 19_.~,.~.. reduce frontage of l OOf~lot . for permit to ~ ........................................ ar~ne prem',ses located at ........ .~14./~ .................... ....... ~ igahy....,~oad. .................................... Street Ma t t ituck NOTE ~- '~ ~= ~ONUMENT LOT NOS, REFER TO"AMENDEO [~AP OF PROPERTY* OF ~ATT~TUC~ PAR~ PROPERTIES CLERKS OFFIC[. .,SURVEY EDWARD F LtTCHHULT IVtATTITUCK TOWN OF:SOUTHOLD SUF F CO, i" N. Y.~ ~.SCALE , I"- 40' iVlAY .9, 1969 RtlV ERH E AD,! N.Y.