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HomeMy WebLinkAbout1292 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1292 Dated October 1, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Harry & ~..vel~n Mearns Route 25 Orient, New York DATE._Oc~(lber 23,1~00~ Appellant at a meeting of the Zoning Board of Appeals on October 23, was considered and the actioa 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 ) Request for a variance to the Zoning Ordinance ) 1969 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Sul~section .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed becahse 7:30 P.M. (E.D.S.T.), upon application of Harry and EvelFn Mearns, Route 25, Orient, New York, for approval o~ access 'to private road in accordance with the State of New York Town Law Section 280A. Locate'on of property: private right-of-way off north side of Route 25, Orient, New York, bounded north by-L.I. Sound, east by Deidrick, south by Howe, west by land of applicant. 2. VARIANCE. By resolution of the Board it was det?rmined 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) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( that the previous decisions of the Building Inspector ( FORM ZB4 (does not) observe the spirit of the Ordinance and (would) SEE REVERSE ) be granted ( ) be confirmed ( ) be reversed. (would not) ) be denied and ZONING BOARD OF APPEALS Be~//vlille, Secretary Southold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission for approval of access over private right-of-way. The Board finds that the applicant does not wish to create another right-of-way, but to re-locate the present right-of-way to better serve himself and the adjoining property owner to the east, Deidr/ck. The proposed right-of-way is to be located on the westerly Side of Deidrick's property just outside of Mearn's property line. Mr. I)eidrick approves of this location of the right-of-way and is to send a letter stating such. 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 neighborhood, and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED, H. ar. ry. a. nd E.ve. lyn Mearns, Route 25, Orient, New York, be GRANTED approval of access over private right- of-way as applied for in the revised drawing, where'in the 16% ft. proposed right-of-way borders the applicant's property on property qf Deidr. i .ck. Location of pro ,perry: private right-oS-way off north side Qf Route 25, Orient, New York. Th~'s approv, al of access is gramted subject to the following conditions: 1. The right-of-way is to be properly described, subject to the approval of the Building Inspector, by Otto Van Tuyl, surveyor. 2. A letter is to be received from Deidrick, whose property the right-of-way is to be placed, saying that he approves of it and gives his permission. 3. The right-of-way must be improved, subject to the approval of the Building Inspector. It must be graded, then covered with gravel. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. 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 Southold, at the Town Office, Main Road, Southold~ New York, on October 23, 1969 on the following appeals: 7:30 PoMo ~oD°SoTo), upon applicati~n of Harry and Evelyn Mearns, Route 25~ Orient, New York, for approval of access to private road in accordance with the State of New York Town Law, Section 280A. Location of property: private right-of-way off north side of Route 25, Orient, New York, bounded north by L°~. Sound, east by Deldr~.ck, south by Howe, west by land of applicant. 7:45 PoM° (EoDoSoTo), upon application of Herman Poucher, Camp Mineola Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for per- mission to divide lot with insufficient area. Location of property: west side of Camp Mlneola Road, Mattituck, New York, bounded north by Howell Estate, east by Camp Mlneola Road, south by other land of applicant, west by private right-of-way. 8:00 PoMo (EoD°SoT°), upon application of Catherine NOTI(~E OF HEARINGS Pursuant to Section 26~ of the Town Law and the provisions of the amended Building Zone dinance of the Town of Southold, Suffolk County, New York, public hearings wil! be held by the Zoning Board of Appeals of the Town of Southo!d, at the Town Office, Main Road, South- old, New York, on October 23, 1969 on the following apl~als: ?:30 P. ~. (E.D.S.T.), upon application of Harry and Evsiyn Mearns, Route 2§, Orient, New York, for approval of access to private road in accordance with the State of New York Town Law, Section 280.~. Location of property: private right-of-way off north side of Route 25, Orient, New York, bounded north by I~ I. Sound, east by Deidrick, south by Howe, west by land of al~ltcant. '/:45 P. M. (E~D.S.T.) upon application of Herman Poucher, Camp Mtneola Road, l~attituek, New York, for a variance in accordance with the Zoning Or- dinance, Article tH, Section 303, and Article X, Section 100~A, for permission to divide lot with sufficient area. Location of prop- erty: west side of Camp Mlneola Road, Ma~tituck, New York, bounded north by Howell Estate, east by Camp Mineola Road, south by other land of applicant, west by private right-of-way. 8:~) P. M. (E,D.S.T.) upon ap- plication of Catherine Llewellyn, Ole Jule Lane, Mattituck, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for per* mission to set off lot with less than 100 ft. frontage. Location of property: west side of Ole Jule Lane, Mattituck, New York, l~ounded north by other lands applicant, east by Ole Jule Lane, south by Wm. Liebecknecht, west~ by J. Zebroski. application of Duane W Hawkt~q; 9 Humphrey Lane, Blue Point, New York for a v~oa in cordance with the Zoning Or- dinance, Article III, Section 303, and Article X, Section 1000A, for permission to set off lot with leas than required frontage and area. Location of Prol~¢Y: west side of Deep Hole Drive, Matt- ituck, New York, bbunded north by A. Gambino, east by Deep Hole Drive, south by A. Cor. te, west by Deep HoIe~ Creek COUNTY-OF SUFFOLK } STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK 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 Tmveter-Mattituck Watch- man once each week for ..... ...~.~..~..'Z~...~.. week~ successively, commencing on the ................... ~.~ ............. day of ......... ~..~.,~. ...... , 19..~.~ Sworn to before me this ................... day of .......... Ruch Lane. Orsenpor~, N~ ~ Location of property! ~orth side . York, for a variance in accord- .- of So,nd B~ch Drive, Captain than required frontage and area. Location of property: e~t side of Ruch Lane, Greenport, New York, bounded north by S. Van-; derbeek, east by V. Ruch, south , by other lands of the applicant,' west by Ruch Lane Any ~ destri~ in heard on the above applioatio~]s should appear at tile tim~ and place specified. DA-~-.~!~: OC'I"OI~ER 2, 1969, BY ORDEr,, O1~' THE SOUTHOLD TOWN BOAP,,D OP APPEAI.~ 1T--16 by J. Zebroaki. 8:15 P.M. (E.D.S.T.), upon appli- cation of Duane W. Hawkins, 9 Humphrey Lane, Blue Point, New York, for a voriance in accordance with the Zoning Ord~.'nance, Article III, Section 303, and A~rticle X, Sec- lion 1000A, for permission to set' off lot with less than required frontage and area. Location of property: west side of Deep Hole Drive, Mattituek, New York, bound- ed north by A. Gambino, east by Deep ~-Iole Drive, south by A. Corte, west by Deep ~-Iole Creek. 3:30 p.M. (E.D.S.T.), u~ofl appli- cation of Anthony and Grace. Gam- bino, 5~5-24 84th Street, Elmhurst, New York, for a variance in ac- cordance with the Zoning Ordin- .ance, Article HI; Section 300, and Article X, Section 1000A, for per- mission to set off lot with less than required frontage and area. Lccation of property: west side of Deep Hole Drive, MattJ. tuck, New York, bounded north by N. Brewi, east by Dee,p Hole D,rive, south by D. W. Hawkins, west by Deep Hole Creek. 8:45 P.~L (EXLS.T.), upon appli- cation of Henry Bischoff, Ruch Lane, Greenport, New York, for a variance in accordance with the ~oning Ordinance, Article III, Sec- t[on 303, and Article X, Section 10r for pe,rmission to set off lot wi~.. less than required frontage and area. ~-ation of property: -- east side of Ruch Lane, Greenport, LEGAL NOTICE Ne"' York, ,boundec]~ north by S. Va rbeek, east by V. Ruch, south Notice of Hearings by othor lands of the applicant, Pursuant to Section 267 of the west by Ruch Lane. . Town L~w and the provisions of 9:00 p.~I. (~.D.S.T.), upon apph- the amended Building Zone Ordin-I cation of A. Reilly & Sons, Matti- ance of the Town of Southold, Suf- tuck, ,New York, a/c Burl E. Mc- folk County, New York, public [ Connell, 20 Weavor Drive, West heaxLugs will be held by the Zon- Amityville, New York, for a var- ing Board of AppeaLs of the Town iance in accordance with the Zon- of Southold, at the Town Office, Main Road, Southold, ,New York, on October 23, 1969 on the fallowing a~peaLs: 7:30 P.M. (E.D.S.T.)~upon appli- cation of Harry and ~lyn Mearns, .Route 25, Orient, New York, loc , approval of access to private road i in accordance with the State ,New York Town Law, Section 280A. Location of property: private right- of-way off north side of Route 25, Orient, New York, bounded north by L. I. Sound, east by Deidrick, south by Howe, west by land of al~plicaat. 7:45 P.M. (~.D.S.T.), upon appli- cation c~f Herman Poucher, Camp' ~M. ineola Road, Mattituck, ,New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Sec- lion 1000A, for permission to divide lot with insufficient area. Location of property: west side of Camp Mineola Road, Mattituck, New York, bounded north by ~Iowell ~sta~, east by Camp Mineola Road, south by other land of applicant, west by private right-of~way. 8:00 P. M. (E.D.S.T.), upon appli- cation of Catherine Llewellyn, Ole Jule Lane, Mattituck, ~New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Sect[on 1000A, for permission to set off lot with less than 100 ft. frontage. Lo- cation of property: west side of Ole J, uie~ Lane, Ma~ituck~ New York, bounded north by other lands of applicant, east by Ole Jule Lane south by Wm. Liebecknecht, west lng Ordinance, Article III, Section 304, for permission to build new one family dwelling with reduced front yard setback. Location of prop- erty: north side of So~nd Beach Drive, Captain Kidd Estates, LOt ,No. 33, Mattituck, New York. A~y person d~esiring to be heard on ~ne above applications should ap- pear at the time and place speci- fied. DA'I~ED: OCTOBF-~ 2, 1969, BY ORDER OF THE SOUTI~OLD TOW.N BOARD OF APPEALS ltO17 )RK, ~ ss: ~.~.., .~-~-0~-~ .~ .... being duly Sworn, Printer ~nd Publisher ~f the SUFFOLK ~ewspaper published fit Greenpa~, noti~, of which ~e ,~ne~e~ is ~ print~ ~shed in the s~d Suffolk Weekly Times ar ...... ~ ......... week~ ~cing on ~e ..~~ Swan to before me this .,~(~...I ' '" · ' ..... F. LA~GTON cORWIN Notary public,~tate o New york ~uffo k Co Oflicial No. 52-0770~00 '_ m:~ sio~ ~xpircs M~ch TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWI~ CL:ERK'S OFFICE SOUTHOLD. N. Y. ~OT~CE OF DISAPPROVAL File No .................................................................. Date ....................... 0.©.t~ ............ .t ................... 19...~.~. To ...~,~.~...~..~...&. :O.~h~.~. ....................... .......... ~-le~ ..... ~...~, ....................................... PLEASE TAKE NOTICE that your ,application dated. .............. ~.~ ........ J .................. 19...~.~ for permit to ~ ~1~3 ~.t;e...~.O..~... at thc premises located at ....... .... ~....~....O~.~...~jf.~'... ~..~..~..~ ....... Street Map ..~ ................................... Block ...... X~ ............................... Lot ..... ~ ........... : .......................... is ~~[~g~ disapproved on the followin~ grounds ...... ~a~.-~.-~p.~.O~¢4 ........ .&~.caas .on p~i~r&ie, r.o~&. .... .~¢ 2~.0~. ~o.~ ~a.~ ~ ~ ~'~ ~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPcCTOR APPEAL Nb. DATE Oct. 1, 1969 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)Harry & Evelyn Mearns of North side of Rt. 2~.. Nome of Appellant Street and Number Orient New York HEREBY AppEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIN? IN.SP:OR:,~.?N APPLICATION FOR PERMIT NO ............... DATED i 0 ~,~ /....~.~, ~ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ..... ........................ .................... ....................... PERMIT TO USE )?ERMIT FOR OC:CUPANCY _.--%7 / 1 LOCATION OF THE PROPERTY ...~..o....b...~. ~zde of Rt. 25 Res, A Distrzct Street Use District on Zoning Map 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.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordin.once or Zoning Map A VARIANCE due to lack of access (.State of New York Town Art. 16 Sec. 280A Subsection 3 Law Chap. 62 Cons. Laws 4. PREVIOUS APPEAL A previous appeal ~i~ (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 REASON FOR APPEAL (~) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~o~ ZBt (Continue on other side) REASON FOR APPEAL Continued 1~ STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~;he land aoui~ never be built 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because !1; involves out~ Oz'opez't,y onl~o STATE OF NEW YORK ) SS Sworn to this ......... /...z~..., .................. day of ...... ~ ............................ 19~' NOTAR~ PU~L~Q STAT~ OF N~W YO~K Nm 4~-5273800 Qu~L in RJchmo~d September 100 1068 Az. Donald L. Gullakeon 8 ullm~orth Plaae Staten Zsland, Hew YorM Dear 81r~ Enclosed please find a oop~ of ~he ~urrent Zoning Ordinance of ~he Town of 8outhold. Receipt of 25~ fee herebM a~n~dle~ged. Also enolosed are appl4cation forms for Health Dept. - cesspool° water supply permit° appl~ation for building pealS° and application form~ for approval of acaess over a private road. Xt appears that Hr. ~oarns lot la about 106 ft. wide bM about 705 ft. long which la ample for another residence as you propose. The dS0 square feet of living area must be w4th~n the four walls of the n~uin house - perches° carports° garages, etc. do not Gouut aa living area. Upon receipt o~ the applications properl~ complete~ and the required fees we will process your application ~nedintel¥ so aa not to hold your worm up any longer than necessarM. Yours truly, ao~ard Terry~ Building Xnmpeotor Building Bepartment Southold Township Southeld~ Long Island~ New York Attn: Mr. Terry, Town Clerks Office September 9, 1968 Dear Hr. Terry: Enclosed find tv~nty five cents for your booklet on the building code for the Township. Any other information regarding requirements for the area will be greatly appreciated in order to avoid disappointment be- cause of unexpected problems iaton on. I expect to build on the property owned by my Father-in-law, Hr. H. Hearns located next to Green Acres~ Orient~ New York. The house we plan to build wil] be located I00 feet directly in back of my Father-in-)aw~s house. Hy Father-in-law will retain possession of the land. I realize that the living area must be 850 square feet. Would a screened- in porch that is covered by the roof of the main building be considered in this square footage. This is to be just a summer residence. I realize that there will be prob]ems in getting the permit and I would appreciate information regarding the procedure in getting these ironed out. The young Couple that purchased Howems place, will be furnishing us with our water. A cess pool will most likely be dug by a local man. An early reply wnuid be sincerely appreciated. DONALD L. GULLAKSON 8 Ells~orth Place DLG/bn Staten Is]and~ New York ]0314 Eric. ... O~ ~H~,