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HomeMy WebLinkAbout1293 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~qG BOARD OF APPEALS Appeal No. 1293 Dated October 2, 1969 ACTION OF THE ZONING BOARD. OF APPEALS OF THE TOWN OF SOUTHOLD TO Herman Pocher Camp M. lneola Road Mattituck~ New York DATE .O~tob. e~l. 23, 1969 · Appellant at a meeting of the Zoning Board of Appeals on October 23 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 ( ) 1969 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to krticle .................... Section ........... : ........ Subsection' . ................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) De reversed ( ) be confirmed because 7:45 P:M. (E.D.S.T.), upon -application of ~Herman Pocher, Camp Mineola Road, Mattituck, New York, for a variance in accordance Qith the zoning Ordinance, Article III, SeCtion ~0~, and Article X, Section 10002%, for. ~ermission to divide lot w{th insuf£~'C£ent area. Location of property: west side of Camp Mineola Road, Mattituck, New York, bounded north by ~°Well Estate, east by Camp Mineola Road, south by 6thor land of applicant, west by pr. irate right-of-way. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE RE~SE (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 distrirt because SEE REviSE (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 SEE REVERSE ~f',~i~(j ~ ~D ZONING BOARD OF APPEALS After investigation and inspection the Board finds that the applicant requests permission to divide property with insufficient area. The applicant is the owner of the adjoining southerly lot on which he has a house, this lot is also 100~ x 100'. Applicant originally purchased these two lots seperatelY with ~the intention of having a dwelling on each. The sale of these lots was illegal, the applicant was unaware of this at the time. The entire neigh- borhood is developed with one family dwellings on lots this size or smaller. The Board feels that this application should be gra~ted in view of the fact that they are unable to change the actions of the deceased who sold the property to the applicant. 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 /mmediate 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 Herman ~ocher, Camp Mineola Road, ~ Mattituck, New ~ork~ he GRANTED l~rmiss~on to'divide-lot with · insufficient area as appl'ied for on property located at west side of Camp Mineola Road, Mattituck, New 'York, subject' to the condi~ion that no variance Shall be granted in the future for sideyards, rear yard, or 'front yard 'setback. The applicant will have to conform to lot lines provided in the Zoning Ordinance. 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 (EoDoS.To)~ upon application of Harry and Evelyn Mearns~ Route 25, Orient~ New York~ for approva~l 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, Orients New York~ bounded north by LoIo Sounds east by Deidrick~ south by Howe~ west by land of applicanto 7:45 PoMo (E°DoS~T~), upon application of Pierman Poucher~ Camp Mineola Road~ Mattituck~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 3034 and Article X~ Section 1000A~ for per- mission to divide lot with insufficient area° Locationn of property: west side of Camp Mineola Road~ Mattituck~ New York~ bounded north by Howell Estate~ east by Camp Mineola Road~ south by other land of applicant~ west by private right-of-way, 8:00 PoMo (EoDoSoTo), upon application of Catherine NOTICE OF HEA~qGS Pursuant to Section'26? 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 Zoning Board of Appeals of the Town of Southold, at the Town Office, i~ain Road, South- old, New York, on October 23, 1969 on the following appeals: ?:~0 P. M. (E~D.S.T.), upon application of Harry and Evelyn Mearns, Route ~5, 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 ~. I. Sound, east by Deidrick, south by Howe, west by land of applicant. ?:45 P. M. (E.D.S.T.) upon application of Herman Poucher, Camp Mineola Road, ~Iat~ituck, Now York, for a variance in accordance with the Zoning Or- dinance, Article I]~, Section 303, and Article X, Section 1000A, for permlss/on te divide lot with in- sufficient area. Location of prop- erty: west side of Camp Mincela Road, Mattituck, New York, bounded north by Howell east by Camp Mtneela Road, south by other land of applicant, west by private rtght-of-way. 8:6/) P. M. (E.D.S.T.) upon ap- plication of Catherine Lleweliyn, 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, 4 mission to set off lot with les~ than 100 ~t. frontage· Location bf property: west side of Ole Jule Lane, Mattituck, New York, bounded north by other lands applicant, east by Ole Jule Lane, south by Wm. Liebecknecht, west by J. Zebroski. application of Duane W Hawkins, 9 Humphrey Lane, Blue Point, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 303, and Article X, Section 1000A, for permission to set off lot with less than required frontage and area· Location of property: west side of Deep Hole Drive, Matt- ituck, New York, bounded north by A. Oambino, east by Deep Hole Drive, south by A. Corte, west by Deep Hole Creek· COUNTY OF SUFFOLK STATE OF NEW YORKt 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 punished in said Long Island Traveler-Mattituck Watch- man once each week for ......... successively, commencing on the .................. .~....~.. .............. day ~ of ......... ....... Sworn to before me this ......... /~.~.. ...... day of .......... 8:~0 P. 'Mi (KD.S.T.), upon application of Anthony and Grace Oambuio, 55-24 84th Street, Elmhm-st, New York, for a v~riance in accordance with the Zoning Ordinance, Article III, Section 3(~, and Article X, Section 1000A, for permission to set off lot with less than required frontage and area. Location .of proper~y: %vest side of Deep Hole Drive,/Vfattituck, New York, bounded north by H. Brewi, east by Deep Hole Drive, south by D. W. Hawkins, west by Deep Hole Creek. 8:45 P. NI. (E.D.S.T.), upon application of Henr~ Bischoff, Ruch Lane, Greenport, New York, for a variance in accord- ance 'With the Zoning Ordinance, Article III, Section 303, and Article X, Section I000A, for per- mission to set off lot with leas than required frontage and area Location of property: east Side~ of Ruch Lane, Greenport, New York, bounded north by S. Van-. derbeek, east by V. Huch, south by other lands of the applicant, west by Ruch Lane . 9:00 p. M. (E.D.S.T.), upon application of A. Reilly & Sons, Mattituck, New York, a/c Bust E. McCormell, 20 Weaver Drive, West Amityville, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 304, for permission to build new one family dwelling with reduced front yard setback. Location of property: north side of Sound Beach Drive, Captai~ Kidd Estates, Lo~ No. 33, Matt- ituck, New York. Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: OCTOBE~ 2, 1969, BY ORDER OP THE SOUTHOLD TOWN BOARD OP APPEALS 1T--16 by J. ZebroakL 8:15 P.M. (E.D.S.T.), upon ap~li- catLon of Duane W. Hawkins, 9 Humphrey Lane, Blue Point, New York, for a g~riance in accordance with the Zoning Ordinance, Article III, Section 303, and /~rticle X, Sec- tion 1006A, for permission to set off lot with less than required frontage and area. Location of I property: west side of Deep Hole Drive, Mattituck, New York, hound- i ed north by A. Gambino, east by i Deep .Hole Drive, south by A. Corte, I west by Deep Hole Creek. 8:30 pJVL (E.D.S.T.), u~on appli- cation of Anthony and Grace Gum- bin% 55-24 84th Street, Ehnhurst, New York, for a variance in ac- cordance with the Zoning Ordin- ance, Article III, Section 300, and Article X, Section 1000A, for per- mission to set off lot with less than required frontage and area.' L~cation of property: west side of Deep Hole Drive, Mattituck, New York, bounded north by N. Brewi, I east by Deep Hole D,rive, south by, D: W. Hawkins, west by Deep Hole Creek. 8:45 p.~i. (E.D.S.T.), upon appli- cation of Henry Bischoff, Ruch Lane, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec- tion 303, and Article X, Section 1000A r permission to set off lot I with ._~s than required frontage and area. Location of prol~erty: east side of Ruch Lane, Greenport New~' rk, bounded north by S. LEGAL NOT[CE Vande ~k, east by V. Ruth, south Notice of I-Iearings [by oth~r lands of the applicant, Pursuant to Section 207 of west by Huch Lane. thel 9:00 P.~/I. (~.D.S.T.), upon appli- Town L~w and the provisions of the amended Building Zone Ordin-I cation of A. Relily & Sons, Matti- ance of the Town of Southold, Suf- [ tuck, ,New York, a/c Burr E. folk County, New York, public I Connell, 20 Weavar Drive, West hearings will be held by the Zon- Amityville, New York, for a var- ing Board of Appeais of the Town liance in accordance with the Zon- of Southold, at the Town Office, ling Ordinance, Article III, Section Main ~ Southold, ,New York, on I 304, for permission to build new one Octobers~ 1969 on the following family dwelling wtth ,reduced front appeals:~ yard setback. Location of prop- 7:30 P.M. (E.D.S.T.), upon appli- erty: north side of Sound Beach ca~ior~ of Harry and Eve~'n Mearns, Drive, Captain Kidd Estates, Lot ~ou~' ~, Orient, New York, for ,No. 33, Mattituck, New York. ~ppr~l of ac~SS to private road Any person desiring to be heard in a~dance ~tyith th~ State of on the above applications should ap- New York Town 'f~uw, Section 280A. ~ear at the time and place speci- I~ocation of property: private right- fled. Of.W~ off north side of Route 25, DA'I~ED: OCTOBF~ 2, 196,9, BY OriOn'S, New York, bounded north ORDER OF TI-YE SOUTI~OLD by L. I. Sound, east by Deidrick, TOWN 'BOARD OF APPEALS south by Howe, west by land of ltO17 al~plicant. 7:45 P.M. (~.D.~.T.), upon appli- cation of Herma~ l~oucher, Camp Mineola Road, Maitituck, ,New Ye~rk, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Sec- tion 1000A, for permission to divide lot with insufficient area. Location of preperty: west side of Camp Mineola Road, Mattituck, New York,~bounded north by Howell ~staie,: c~st 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, ~ew York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for permission to set off lot with less than 100 ft. frontage. Lo- cation of p~o~erty: west side of Ole J~ale La~ ne, Ma~ituck, New York, bounded north by other lands of l applicant,~ east by Ole Jule Lane, south by Wm. Liebecknecht, west 1 )RK, ~ ss: J .~ .... being duly Sworn, Printer and Publisher of ~he SUFFOLK ~ewspaper published at Greenport, in said notice, of which the ,annexed is a printed [shed in the said Suffolk Weekly Times ~r ........ .~..~ .C .............. week~ .cing on the .,..//~.~,~.~ .... Sworn to before me this ..~./../~..;... ] day of ...~~: ..... 19.~.. ] . .................. FO~M ~O. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ........................ ..Q..q.~..Q'.b..~.~ ...... ..2. ........... 19.~.. Herman Pocn~r ........... .C...a. m:p....~:~.~.e...o~.~... ~.~..o.a..a .............................. Mattituck N .Y. ............................................................................. ~;iap ~ ~ Oct 2~ 1969 PLEASE TAKE NOTICE that your ~~ dated .J...t.l..~.?.r...]..~..~....?...°.~..8...~ ........... 19 ........ ~~ate into 2 lots for permit to ........................................ at thc premises located at ..?~i,Z~..Camp ............ ~.j,5.~.a~2 ~.. go.ad. .......................................... Street MattStuek is ~ap ...... ~' ........ : .................... Block ........ XX~ ......................... Lot ...... ;..,XX~ ................................ ~~disapproved on the followinF grouncl~ ........ ~.~:0-~.i.c,i.er~g.,.g~.e.a...i~ ...... .e..x..%a~r Lo..'¢. ....... .~r.,...-~...aec..~,.3.~,,~0.~¢..ar.~..~;...~.e.c.g.~...i.00.0~. ........................................ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (:¥'Z~) . ~.[...e..~.~.a...n,,...P..o.~..h..e...~. ................................. of ........ ~,.8:~.p....}:~.~..~.o...1.~....,[~.o...8~.d... .......................... Name of Appella,nt Street and Number Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION ....... ~[~.,. ........... HEREBY APPEAL TO State OF THE BUILDING INSPECTOR ON lot APPLICATION FOR PERMIT ~ ...?..o.....~..s.~...~.9.~.e..,r..8.~..~ATED ............... .Qc.t .... 2.~....1.~6.c). ......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ' , ..... .,<..a..?. x =.t..~-.c..'F. ..... .~..-..~..: ............................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit ct divide property as purcb, ased in seperate deeds. 1. LOCATION OF THE PROPERTY .:~?./.~...C.'.~,~.~..A~.q~D,~A..~:t.~.~:~...(.~..~.i~,. ............... .&~. .... ,~..s..t... 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.) Art ili ~ection303 & ~rt X sectior~ I OOOA 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 ,s requested for the reason that My property was bought sepera~e parcels - .~zr.-c in jul? 1958 having some time~ second -oarcel ws use these as seperate lots as origi~zai p~a~mqed. ao~eii in two from Judge ~¢ - been under contract for in 1960. I wish to Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ The lots were purchased se~+~ ~ .... ~ with the intention of having two d~el" ~ ,_m~.gs - one on each. The neighborhood is entirely developed on this size or smaller lots~ so this will be in keeping with the area develovmento 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 : ~h±s lot was t~6ar negotiations at the time of the adoption of t}~e -~'~ ' __ or~z~nce and is just under the minimum required area as of 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because i ~he en¢ire neighborhood is developed withone ~amily dwellings on lots this ~ s_~e or smaller. Across th~ street (~=~np Mineoia Road) there are some long narrow lots but only have one .... ~ homes. A New :~minor s~bdivJsion'~q~as been api~roved zo.~ one fa~ii~ dwellings so ou~ proposed use for one family dwelling on this lot will not harm or change the charicter of the neighborhood. STATE OF NEW YORK ) ) COUNTY OF S~fffoik ) ss Signature Sworn to this ................. .2..~..~: .... ; ................. day of ................. .0..c..~.o...~.e.~ ...................... 19 69 Notary Publi~ 9 ?,: f~ARIO~ A. RE~ENT NOTARY:~'Jj:~'LIc, State of New Yoc~ N0[~52~3'233120 Suffolk Count~ HE £MA N MAP PO¢/-/ER ~ L OU/S fl..IA I" TI TUCK, N. ~.