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HomeMy WebLinkAbout1276 TOWN OF SOUTHOLD, NEW YORK DATE .AUg~..~...~l, 1969 ACTION OF THE ZONING BOAR]) OF APPEALS ADpeal No. 1276 J; Dated_ July 24, 196'9 ACTION OF THE ZONING BOARD OF~ _~PPEAL~ QF THE .TOWN OF SOUTHOLD To Phillip Pfeffer 142-39 231 StrEet' Rosedale, New York Appellant at a meeting of the Zoning Board of Appeals on August 21, was considered and the action indicated below Was taken on your ( ) Bequest for variance due to lack of access to Property ( ) Bequest for a special exception urMer the Zoning Ordinance (~r) Bequest for a variance to the Zofiing Ordinance ( ) 1969 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ybe denied pursu~ant to A~ticle ...: ......... ~ ...... Section .......... ~ ......... Subzection .................... paragraph .................... of the Zoning Ordinance.' and the decision of the Building Insp~cter ( ) be rL, versed( ) be confirmed beCause ~330 P.M. ~.D.S.T.), upon application of Phillip Vfeffer, 142-39 231 Streets Rosedale~ New York,~ for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for ~ermission to build addition on existing dwelling with reduced sideyard area. Location of property: Lot ~ 161 on map of Cedar Beach Park, Southold, New York, bounded north by AnthOny Cassar, east by Sunset Way ~rivate right-of-way), south by John Gormley, west by Canoe Inlet. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (wou/d) (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) 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. FORM ZB4 APPROV. ,L zv sz ' ~, ,' ~.: : /~--' x, ~/ ZONING BOARD OF ~.PPEALS _ I .~: ~,, ,,}p'. [~' · ~/~-~ille, Secretary C~,rma~o~r~ S0u~old T~n Bo~d of Ap~als After investigation and lns~ection the Board finds that the applicant requests'~ermission to build addition on existing dwelling with reduced side yard area. The applicant purchased the lot in 1963 with house on it with pre-existing garag~ attachedto.the north side of the house leaving the minimum 10 ft. side ya~rd requirement. the applicant has a self-imposed hardship and the Bogrd is unable to grant relief. The Board finds that' strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship create~i~ot unique and would not be shared by all properties alike /immediate vicinity of this property and in the same use district; and the variance does not observe the spirit of the Ordinance and will change the character of the district. THEREFORE, IT WAS RESOLVED Phillip Pfeffer, 142-39 231 Street, Rosedale, New York, be DENIR~ permission to build addition on existing dwel!!ng, with. re~c~e~ sid~y~ard area as applied for~o~ property located on map,of Cedar B~acn Park, lot $' k6~,' sbut~olh!: N-e? Yor . _- 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 L!~e Town of Southold~ at t_he Town Office~ Main Roads Southold~ New York~ on August 214 1969 on the following appeals: 7:30 PoMo (EoDoSoTo)~ upon application of Phillip Pfeffer~ 142-39 231 Street~ .Rosedale~ New York~ for a variance in accordance ~ with the Zoning Ordinance~ Article iiI~ Section 307: for permission to build addition on existing dwelling with reduced sideyard area~ Location of property: Lot $ 161 on map of Cedar Beach Park~ Southoid~. New York~ bounded north by Anthony Cassar, east by Sunset Way (private right-of-way)~ south by John Gormley~ west by Canoe Inlet: 7:45 P. Mo (EoDoSoTo)~ upon application of Ketcham Signs~ Main Street~ Greenport~ New York a/c Beachcomber Motei~ Inco, Duck Pond Road~ Cutchogue~ New York~ for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 10~ ~or permission to erect an of~ premises directional sign on the property now or formerly of P. Matwieczyk: Location of pJcope~ty: Lmne~ C~ - "~'~t~ LEGAL NOTICE Notice of Hearir~gs Pursuant to Sec~on 267 of the Town La~v and ttt% provmaons o the amended Buildin~ Zone Ordln- ance of the Town of ~outhold, Suf- folk County, New ~ Y.~rk, public hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on August 21, 1969 on the following ap- peals: 7:30 P.M. (E.D.S.T.), upon appli- cation of Phillip P~effer, 142-39 231 Street, Rosedale, A~ew York, for a variance in accordamce with the Zoning Ordinance, Article III, Sec- tion 307, for permission to build ad- dition on exiCting dwelling with re- duced sideyard area. ~)catlon of property: Lot No. 161 on map of Cedar Beach Park, Southold, New York, bounded north by Anthony Cassar, east by Sunset Way (private right-of-way), south by John Gorm- le¥, wes~ by Canoe Inlet. 7:45 P.M, (~D.S.T.-, u/pon appli- cation of Ketcham Signs, Main Street, Greenp0rt, New York a/c Beachcor~ber Motel, Inc., Duck Pond Road, Cutchogue, New York, for a special exceI)tion in accordance with It he Zoning Ordinance, Article III, ISection300, Subsection 10, for per- mission to erect an off premises dj- ! rectional sign on the property now of formerly of P. Matwieczyk. Lo-I ~ation of property: south side of! Middle Road (C~27) and west side: of De~ot Lane, Cutchogue, Newl York, bounded north by J. P. Krup- !ski, east by Depot Lane, south by Page Fiv~ LK, l RK, ~ ss: .............. being duly Sworn, Printer and Publisher of the SUFFOLK 1000A, for permission tO set off lots ~vi~h insufficient frontage and area, E ...... 19~.. Location of property: west side Clark ~.~. .~.,~. Road, Southold, New York, bounded .~.<~,~ .-x,~.. .. .~-..'~.T.'q.~-x, .......... north by other lands of applicant, 'i .'~/.~.:..``~,, cast by Clark Road, south by Mid- ~' .............. die Road (CR27) west by A. J. ,Oar~ '3 askos & others. F. i,AN(;TON COR\V1N ~ /k Co. ()fiLial No. 52-0770500 . o'l~n!i~siou 5xp rcs Mg. rch 30 19 right-of-way (Laurel Way), Matti- tuck, AIew York, for a variance in accordance with the Zoning Ordin- ance, Article III, Section 300, Sub- section 6, for perlnission to'locate accessory building in frOlS~~' yard area. Location of property: 13rivate right-of-way off S/S Sound Avenue, Mattituck, New York, bounded A~y person desiring to be heard ~ortli by Lmlrel Way, east by Wa1-{ on ~he above applications should ap- ~ Belz, south by Laurel Lake, west I pear at the time and place speci- ', W. J Wilbert & others. [ fled_ · ~0 P.M. (E.D.S.T.), upon appli-[Dated: July 31, 1969, BY ORDER ~,of John G. Havens, Mill Creek ~ OF ~ SOUTH©LD TOWN , Southold, New York for a] BOARD OF APP~JkLS 1tAuIS, J. Z~, west by J. ttaurus. ~ variance in aec&rdance with the I 8'00 P.~I E D ST ), upon appli-I Zoning Ordinance, Article III, Sec- cation~of Rodney~ T. Buckham 3520 'don 303, and Article X, Section tOle Jule Lane, Mattituck, New York, ~ 1000A, for permission to set off lot awspaper ~unll$iled nt Greenport, in smd ¢ora variance in accordance with with less than required area. Lo- . ....... the Zoning Ordinance, Article I!I, i ca,ion of proper~y: south side of IlOrlC, g, oI wrllcll the ailneged is ~ ~rlnted Section 303, and Article X, Section i/Villi Creek Drive, Southold, New ft. /rontage on high, ray. Location by Simon-,Orlowski, west by P. Or- ~ ........... : · · · .~ ............ weeR~ ] of property: south side of Ole Jule lowski. ~~,, Lane, Mat'dtuek, New York, bound2 8:30 P2VI. (~.D.S.T.), ~pen appli- '°"u .......... ~. ~ ...-...--~r.-w ......... / ed north by Ole Jule Lane; east by cation of Charles Becker, Clark ~;.,~_.. 19 ~.~. [Anthony Anton, south by James Road, Southald, ~ew York, for a ~-x .... /Creek, west by G. Senaedea. variance in accordance with the ~.~/'~.~~ ............... cation of Marion Smith, private tion 303, and Article X, Section this ./:~'.~,~... NOTICE OF H~ARINGS pursuant to ~ection 26Y of the Town Law and the provisions of the amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the zon- ing Board of Appeals of the Town of Southold, at the Town Office, ~ain Road, Soathold, New York, on August 21, 1969 on the following appeals: U:30 P. 1VI. (EDST), upon appli- cation of Phlllip Pfeifer, 142-39 231 Street, Resedale, New York, for a variance in accordance with the Zoning Ordinance, Ar- ticle Ilar, Sectio~ 307, for permis- sion to build addition oi1 existing dwelling with reduced sldeyard area. Location of property: Lot No. 161 on map of Cedar Beach Park, Southold, New York, bounded north by Anthony Cas- sar, east by Sunset Way (private right-of-way), south by John Gormley, west by Canoe Inlet. 7:4~ P. M. (EDST), upon appli- cation of ~Keteham Signs, Main Street, Greenpert~ New York, a/c Beachcomber Motel, Inc., Duck Pond Road, Cutehogue, New York, for a special exception in accordance with the Zoning Or- dtoanoe, Article rII, Section Subsection 18, for permission to erect all off premises directional sign on the property now or formerly of P. l~atwieczy~ Lo- cation of property: south side of Middle Road (C R 27) and ~rsst side of Depot Lane, Catcho~Ue, New York, botmded north by J. p. Krupski, east by Depot Lane, south by J. Zu~0ski, west by J. Haurus. 8:00 P. 1~. (EDST), upon appll- cation of Rodney T. Buckhorn, 5520 Ole Jule Lane, Mattituck, New York, for a variance in cordance with the Zoning Ordi- nance, Article HI, Section ,,,a,~d Article ._~,. _.S~ct,ioll for permission to divide lot and create 2 lots with less than 100 ft. fronto~e oi1 ll~l~way. Lcea- tion of proper~y: south side of Ole Jute Lane, ~fattituck, New York, bomlded ~ by Oio Jule south by James Creek, west by Sehaedel. 8:10 P. M. (EDST), upon appli- cation of Marion Smith, private right-of-way (Laurel Way), Mat- tituck, New York, for a variance in accordance with the Zoning Ordinance, Article II~, Section 300, Subsection $, for permission front yard area. Location of p~oporty: private sight-of-way off S/S Sound Avenue, Mattituck, New York, bounded north by Laurel Way, e~t by Walter Suls, south by Laurel T~, west by W. J. Wflbert & othora t8:20 P. M. (EDIT), llpen appll- C~CI~ l~rive,~BeuttfOl~, New York, for a variance in accordance with the Zoning Ordtnanco, Arttcle IH, Section ~, and Article X, tion 1000A, for permission to set off: lot with less :than .required areaJ Location of prope~y~ ~uth side of Mill Creek Drive, So~h- old, New York, bounded north by Mill Creek Drive, east by J. lowski, west by P. OrlowekL 8:30 P. M. (EDST), upon appli- cation of Charles. Becket, Clark Road, Southuld, New york, for the Zoning Ordinance, Article r[I, Section 30~, and Article X, Section 1000A, for permission to set off lots with insufficient front~e and area. Location of property: west side Clark Road, Southold, New York, bounded north b~ other lands of appli- cant, east by Clark Road, south by Middle' Road (CR 27), west by A. J. Paraskes & others. Any person desiring to be heard on the above appllcatinnc should appear at the time and place specified. DATED: JU~Y 31, 1969 BY ORDER Ol~ SO a'r~OLD TOWN BOARD OF APPEALS 1T--14 COUNTY OF SUFFOLK I ~,; STATE OF NEW YORK I 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 Zraveler-Mattituck Watch- man once each week for ..... ~,;X;~/.C .......~..~../. week~ successively, commencing on the ...............~...~.. ................. day of ......... .~,.6'~-L.f-~/f-.-..../~/.,, l~..~:'r~--/ .................. ..... Sworn to before me this ....... ~,,/[~,i ....... day of .......... ...... ¥ ........... ........... · ' Notary Public FO~M ~O. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. t~OTiC~- OF DISAPPROVAL File .No ................................................................... Date ............................... .J...u....1.y. ....... .2.~ ........... 19..~.9.. To Phillip Pfeifer ............ ........ ................. , o?~.th.o, id ..... ~.,.Z,, .......... PLEASE TAKE NOTICE that your ,application dated_ ..................... .J...~...]:~,, .... ..2..~.. ........ 19...:.6...9 for permit to construct ...a...~.....a...d..~..i~.i...o..~ .......... at thc premises located at ..... [!'~../.~ ..... .S.?0025~.. ~lay .......................................................................... Street Map .....C...e.d...a...~.....B..e...a...c.~ .. '.~.a. ~..kBlock .......................................... Lot ..~.~ ......................................... is ' _ · ' disapproved on the following ground~ ........ ],..e..a...v..~.$....;[l~.$.~.~l,~.~2.t · ..s.id.e....Ma~d. ..... o.m...~/-a..a-~...f.v..oz~...c~t....bui.!.~..im.g ........ .A..F...t.....I...i..I....s...e..c...t...i...o..n....~..0..~. .............. Building Inspector / FOI~M NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ............................. Disapproved a/c .............................................................................................. Application No .............................. (Building Inspector) Dt ......... INSTRUGTIONS a. This application must be completely filled in by typewriter or in 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 detailed 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 o Building Permit to the applicant. Such permit shall be kept on the premises available for inspection 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, Ordinon:es or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comp!,/ with all applicable laws, ordinances, building code, housing code, and regulations. .................................. ¢Signatur~ of applicfnt/~ name, if a corporation) ..... ..... .... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ...... ./.../..~.Z.A..Z ~ ...... ~.. .... Z~z...~.~..~....~..~..~.......,~.'....~./../.d.~.. ............................................................... tf applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1 Location of land on which proposed work will be done. Map No.' ........................................ Lot No.' Street and Number ....... ~.~..~..'k';5~ ? /~,? -~.~/~/~ -~ ~- F2?~.Z_~, ,f~-// · Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing'use and occupancy b. Intended use and occupancy ........ .~.'.c~.~./..~?./.,C~ ...................................................................... 3. Nature of work (check which applicable): New Building .................. Addition ........ ~ ..... Alteration .~ ............ Repair .................. Removal .................. Demolition ......... ~.... Other Work (Describe) , .~.~rT...~.~(.D... x~.~(.~.~.... ............................................................ Fee .......................................................................................... 4. Estimated Cost ~' (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ If garage, number of ca,rs ........... ~. ................................................................................................................................ 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 ................................................................................................................. Dimensions of same structure with alterations or additions: Front .................................... Rear Depth ................................Height ............................ Number of Stories ................................ · 8. Dimensions of entire new construction: Front .................................... Rear ............................ Degth ........................ Height .................... Number of Stories ...................................................................................................................... 9. size'e:f lot: Front ...... J.~ ............. Rear .............. ~...~ ........... Depth ............ ./.....-~.....~.. ....... 10. Date of Purchase /~ ~ ~ ...... Nome of Former Owner .... ..~_.....~.~..~.~ ........................... 11, Zone or use district in which premises are situated .... /)....(..~......J.. ....................................................... ............. 12. Does proposed construction vioJate any zonin,q law, ordinance or regulation ...... ./'.....~:.. ........................................... .3 .31 .eM, 13. Name of Owner of premises .,...~.!..'..'T.!.:....~......~ ..~.Ll-~.~..~Address ......... ---..~.': ............... , .......... Phone No ..................... Name of Architect ......................................................Address ............................................ Phone No ..................... Name of Contractor .......... ..~....~....V~......~.. ....................... Address ............................................ Phone No ..................... 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 and indicate whether interior or c_0_orne__r Jot__: ~ ~ ___-~ ~ (Name of individual sig~ning applica~)f:)n) .... ~ 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 make and file this application; that all statements conta, ined in this apPlicatiOn are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before..~...~ me this ~~ ~ 9~ ~~. ~ ~ ~ Nota~ Publ,~~~~.. Coun~7~ ~ (Signo~r~&f applicant) T(>.WN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, ,N. Y. 1, (We).Phili$..PSef. f~ ............................... of .......... ....... 2,3.1 ..... ........................... Name of Appella,n.t Street and Number .......................... .~...o..$.~..d..a...1..e. ................. ~.~.e...e..n..~ ......................... ~...~.,. ......... HEREBY AppEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...~.'.1~. ..... ~.br.. ....... .1..9..~9. .............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Permit Name of Applicant for permit of ....... .... ............................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY. to build an addition on existing dwelling 1. LOCATION OF THE PROPERTY .... :..~,~..~..~......~,,. ..... .~,~....+...,,~...v.,..!...~. ...................... .~.~,~.~...... Street Use District on Zoning Map · " .Cedar...z~ea~h...P. ar.k. .......................... .6.1 .......... Map No. Lot No. Southold N.Y. 2. PROVISION (S) OF THE ZONING ORDINANCE AP, PEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Art iii see 307 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordin.ance 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 Cl~(has not) been made with respect, to this decision of the Building Inspector or with respect to this property. Such c~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 ~ Z ~eed to en1~rge attached garage, this is now 10 feet from The proposed addition would decrease at the front of the house only to 6~ft~ full the rest of the lot line. 1~o~ z]3t (Continue on other side) the front section of the existing the Northerly line of my lot. the sideyard for about 13 ft side yard will be kept along REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficuities or unneces- sary'HARDSHIP becau~: The dwelling was built prior to the zoning ordinance and purchased by me in 1965. We plan to make this our perminent home after October this year. The present garage is only 9 feet wide and will not accomodate our automobile. We propose widening the front part of this existing garage to a width of ~2½ ft and to a depth o£' 13 feet. This will bring the front of the garage in line with the southerly part of the house and give us the required room for our car. 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 beca:use: The "pre-.existing d. welling"~ is at the minimum side yard limit now° 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because : ~e ~roposed addition wi!~ not ¢~ange the setback line of the dwelling~ and there is ample sideyrd clearance for emergency passage after the addition is built° It will not harm or change the charicter-of the neighborhood in any way. Z~~ Being able to keep our automobile under cover will improve the existing condition of having to leave it outside. STATE OF NEW YORK ) ) COUNTY OF ~ffo]_k ) SS Sworn to this .................... ~.br., .................... day of ....................... .J,..~.~,Y. ....................... 19 69 Notary Pu_blic ~ ~.gtZ,~$ETH ANN NEVILLE~ ~;~Y ~UI~LIC, State of New Ym~k' f~: ~:8~850, Suffolk ~n~ ~r~ ~Jres March 30. ~