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HomeMy WebLinkAbout1286-- ~a t t ~.u ok,_ 'blew_ Yo~k. ...................... TOWN OF fiOUTHOLD, NEW YORK ACTION OF TRE ZONING BOARD OF APPEALS AppeaS No. 1286 Dated September 17, 1969 ACTION OF TH]~ ZONING BOARD OF APPEALS OF THE TOW~N OF SOUTHOLD TO Jospeh Romano 106-13 Union Turnpike Forrest Hills, Slew York DATE _~....2, 196 9 Al)Dells;at at a mecth, g of i~he Zoning Boa~d of Appeals on 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 exceptkm under the Zoning Ordinance /X ) Requcs~ for a variance to the Zo~h~g Ordkmnce the al~eal L SPECIAL EXCEPTION, By resolution of the Board it was determined tl~at a special exception ( ) be granted ( ) be denied pursuant to Article .............................. Section .......................... Subsection .. paragraph .......................... of the Zoning Ordinance, and th.e decision of the Building I~'mpector ( ) be reversed ( ) be confirmed because 7:45 ~.M. (E.D.S.T.),, upOn application of Joseph Romano, 106-13 Union Turnpike, FOrrest Hills, New York, .for a variance in accordance with the Zoning Ordinance, A~ticle III, Section 307, for permission to construct addition on existing dwelling with insufficient side yard area. Location of property: n~th side of Meday Avenue, Mattituck, New York, Map No. 175 Tollywood, Lot No. 's 64 & 65. 2. VARIANCE. By resol'ution of the Board ii was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnec- essary hardship because SEE REVERSE ih) The bardaflp creat~l (is) (is not) unique and (would) (would not) be shared by all properties alike in the hnmediate vicinity of tats property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the ekaracter ,of the dis~ct becmme SEE REVERSE and therefore, it was further dete. rm/ned that the requested variance ( ) be gran%ed ( ) be denied and that the pre~ious decisions of ~ Building Inspector ( ) ,be confirmed ( ) be reversed. FORM ZB4 SEE REVERSE Southold Town Board of Appeals After investigation and inspection the Board finds that the applicant proposes to erect a garage on a side yard area which is insufficient for the purpose. The Board finds that the applicant is the owner of a lot with 100 ft. frontage. Applicant has ample side yard area on the easterly side of house to place garage without a variance. There is no legal hardship. Any hardship in this case is self imposed. 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 al/ke in the immediate vicinity of this property and in the same use district; and the variance would change the character of the neighborhood and would not observe the spirit of the Ordinance. THEREFORE IT~%S RESOLVE~,, Joseph Rom~.Ro, 106-13 union Turnpike, ~orrest H~lls, New Yo=k, be DENIED permis~ion tq co~s~tr~ct add!t%on on existing dw%lling with insufficient side yard area as applied for on property located on ~orth side of Meday Avenue, ~attituck, New York. Vote of the Board: Ayes:- Messes; Gillispi~, Berggn, Huls~, Grigonis. NO~ICE OF HEARINGS Pursuant to Section 26~ of the Town Law and the l~rovl~o~ of the amended Building Zone Or~]inan~e of the Town of South- old. Su/~olk County, New York, public he'rings will be held by the Zoning Board of Appeals of the Tawn of Southold, at the Town Office. Main Ro~, South- old, New York, on October 2, 1969 on the foliowi ~n~ appeals: 7:~,P. M. (EDST), upon appli- cation of Herman Ohlman, Box 295A ~ayview Road, Southo!d, New ~0rk, for ~ variance in cordance, with the Zoning Ordi- nance, Article III- Soction 807, for perm/seion to construct addi- tiau on e~lsting dwelling with in- sufficient sideyard area. Location of prol~rty: north side of Main Bay~ie~ Road, Southold, New Ycek, ~ap No. 1553 Goose Neck E,~tate~ Lot No.'s ~3 & ~ of~ ~2 & 74. 7:45 P. M. (EDST), ul~on a~Pli oatYm of Joseph Romano, Union Turnpike, l=orest ~, New Y~rk, for a Variance~ in ac- cordance with the Zonin~ Ordi- nance, 'Article II!, Soctien ~0~, for peeml~ton to construct addi- tion on ex/sting dwelling with insuffichmt sidey~rd area. Looa- tlon of pro!~rty: north side of Meda~ Avenue, Mattituck, New Y~rk, ~l) No. 17~ Tolleywood, 8:0/) P. M. (EDST), upon appli- cation of JOhn Haurus, Main Rc~d, Cutoho~ue, New York a/c Margare~ M Tlghe, Haywators Road, ~uteho~ue, New York, for a variance in accordance with the Zoning Ordinance, Article HI. Section 3~, for permission to construct ad.dition on existing dwelltog with i~sufficien~ setback. Location of property: north side of Haywaters Road and l~rivate right-of-way, Cutcho~ue, New York, Map No. ~8~ Pecenic Bay Properties, Lot No. 33 & part of Any persen desiring to be heard on the above applications should a~ear at the time and place specified. DA'~'~-~: September 11, ~969 2Y ORDER.O~ BOARD O1= APPEALS 1T--2§ 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 Zroveler-Mottituck Watch- man once each week for ....... ~,~..-g.~.......~..~...Jweek~ successively, commencing on the ................ ~...~.... ............ .................. Sworn to before me this ........ ~.~... ...... day of LEGAL NOTICE N~ice of I-Iearin~ ' ~ Pursuar~t to Section -~ of the! Town Lanv and the provisions the amended Building Zone Ordin- ance of the Town of Southold, Suf-~ folk Cou~ty~ New . York, public hearings will be held by the Zon- ing Board of Appeals of the Towni of Southold, at the Town Office, Main Road, Southold, J~Tew York, on October 2, 1969 on the following ap- peals: 7:30 P.M. (E.D.S.T.). upon appli- cation of Herman Ohlman, Box 295A Bayview Road, $o~thold, ~Iew York, for a variance in aeeordan?e with the Zoning' Ordinance, Article I~I, Section 307, for permission to construct addition on existing dwelling with insufficient sideyard area. Location of property: north side of Main Bayview Road, South- old, New York, Map No. 1663 Goose Neck Estates, Lot No.'s 73 and y= of 72 & 74~ :ation J ' 3 Union Turnpike, Forrest ,Hills, New York, for a variance in accordance with the Zoning Ordinance, Article IH, Section 307, for permission roi construct addition on existing dwelling with insufficient sideyard area.. Loeafion of property: north side ~f Meday Avenue, Mattituck New York, Map ~No. 175 Tolleywood Lot No.'s 64 & 65. 8:00 p. M. (E.D.s.T.), upon appli. cation of Jahn Haurus, Main Road, Cutchogue, INew York a/c Mar- garet M. T1ghe, Haywaters Road, Cutchogue, New York, for a vari- ance in accordance with the Zoning Ordinance, ~rticle HI, Section 305~ for permission to construct addition on existing dwelling with insuffi- cient setback. Location of property:~ north side of Haywaters Road and private right-of-,way, Cutchogue, New York, Map No. 786 Peconic Bay Properties, Lot ,No. 33 & part of 32. Any person desiring to be heard on the above applications should ap- pear at the time and place speci- fied. DATED: SEPTEMBER 1I, 1969, BY ORDER OF THE SOUTI-IOLD TOWN BOARD OF APPEALS ltS26 COUNTY OF SUFFOLK, ~ ' STATE OF NEW YORK, ~ ES: .... .~...~ .x~.~...~.. ~ ~(~.c~.. C~-.c~ ..... ~ing duly Sworn, says that . .'~ ~ is Printer and Publishe~ of ~he SUFFOLK WEEKLY TI~ES, a news~per pub~ish~ county~ and ~at the noti~, of which ~e ~e~ is a print~ ~py, ~s been published in the ~d Suffolk Week~ Times once in each w~k, ~or ...... ~ ................ w~k~ successively commencing on ~e ,:~:~.-~.. of ................ Swan to beige me this .~ ..... F. LANt;TON cORWIN TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL:E~K'S OFFICE SOUTHOLD. N. Y. NOTICE OF DISAPPROVAL File No,, Date ............ ~.~<..~ ............ ........ ~, ... ~. .~ .~.~,>,,,: ........... ~ ........ ~ ...~.*.~ ............... ~.~_.,.. ~or permit to const~ct .:~.,x~,~. ....... at the premises located at ........ ~;: ................... ~ ......... ~...~ ~... :.'. ...... ~'...~ : ~.. ' ......... ~9 ........ .~ ..... ~.', ........................ ~ ..... '.~,~....~....-~ ....... ~. ....................... r~t_~rneO}~~ d~sapproved on the follo~m, groundq ..... , ~;. ..... :,.-:~:¢~-~:..~.'...:::::.~ .............. Building Inspector FO~ NO~ ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved 10 ........Permit No. Disapproved o/c ................................................................................... ; .......... Applioation No ............................. (Building Inspector) APPLiCATiON FOR BUILDING PERMIT Date ............................................................ , 19 ............ INSTRUCTIONS 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 pa:rt of thi,s application. c. The work covered by this application may not be corrtmenced before issuance of Building Permit. d. Upon approval of this application, the Building inspector will issue a Building Permit to the applicant. Such permit shall be kept on the prernises available for inspection throughout the progress of the work. e. No building sh.aJl be occupied or used in whole or Jn part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION tS 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, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, a:nd regulations. (.Signature of applicant, or name, if a corporation) ............................... .................. State whether applicant is owner, lessee, agent, architect, engi.neer, general contractor, electrician, plumber or builder. ...................................... .............................................................................................................................. d Name of owner of premises O%~ J:**~'(A ~ ¢ If 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.: ...... ~':.Z.~ .............. ~ ..... Lot No.: .~.~..~.~.~ Street ohS, Number .... ~, .........~. ............... t ..... ~'~ ....... ~ ........................ ' .................... ~¢- ............................ ' Mtnicipality 2. State existing use and occupancy of premises and intended use and occU~ncy of proposed construction: a, Existing use and occupancy., ...... :; ~ ... : .................................. . ........ .............................................. ?:,. ............................................................. 3. Nature of work (check which a~ ;cable): New BuiIding .................. Ad(, on .... :L4/... ........ Alteration .................. Repair .................. Removal .................. DemoJitian .................. Other Work (Describe) 4. Estimated Cost ............................................................ Fee '~ ~ (to be paid on fi[ing this appJication) 5. [f dwelling, number of dwelling units ............... --q ............ Number of dwelling units on each floor ............................ If garage, number of cars ...........O..z~....~.. ....................................................................................................................... & Jf '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 r Rear ............................ Depth ................................ Height ............................ Number of Stories ................................. 8. Dimensions of entire new construction: Front ....... /....~..f..i .................. Rear.............' [~ .... ~ ........... Depth Height Number of Stories 9. Size of lot: Front ......... ../.~?..~. ........ Rear ......... /...O....~. ................. Depth ..... '.~..~...°.....~e.,...)=..~._~'' !0. Date of Purchase ........................................................ Name of Former Owner ........................................................ 11. Zone or use district in which premises are situated ...... ~.i~....?...(..~....~..: ..................................................................... ]2. Does proposed construction violate any zoning law, ordinance or regulation? ......... .~....~...~.. ........................................ 13. Name of Owner of premises .......... ..~.D ............... .~,.-!.~.3. .... Address ............................................. Phone No ..................... Name of Architect ...................................................... Address ............................................ Phone No ..................... Name of Contractor .................................................... Address ............................................ Phone No ..................... PLOT DIAGRAM Locate clearly and distincdy 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 sho~-~street names ~nd indicate whether interior or corner [at. COUNTY OF ..~.~,~,~..~0. M:.~,~ ..... }S.S. '4/,~C,~Z!_.,,_----~-- .......... ......................... 2 ....................... beM~ duly sworn, deposes ~nd s*ys tha~ Be ~s ~he ~ame 6f indivi~ol signing application) above named. He is the ................................. ~~(~ (Contractor, agent, corporate officer, etc.) of said owner or owners, end is duiy authorized to perform or hove oerformed the said work and to make and this ~pp~[c~tion; ~ha, oH statements cont.a, ined in tk~[s ~pp[[cat~on are true to the best of his knoMedge and bei~ef; ~nd that the work wili be performed in the manner sef forth Jn the application filed therewith. Sworn to before me this ~ .~ -- ......... ..... ............... ~ s ~ rch 30, ~ TOWN OF SOUTHOLD, NEW YORK ~x~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~SZ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Josenh Romano . 106-1~ Union Tur.n.~.ike 1, (We) .............. ~.. .................................................. or .......................................................................... Name of Appellant Street and-Number ............................... ..~..o...r.~,e..~.t.....~...~..]:.l..~ ................................. .~..t.~.; ................ HEREBY APPEAL TO Municipality State ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIK~ INSP/E'CTOR ON THE FOR PERMIT NO DATED -'~./..J....~. ;./'&i..c'~ APPLICATION ......................................................... ~/~ .................. ( ) ( ) (I) Name of Applicant for permit of 1 o~.-...~ 2, .... ~r~1,Q;~ .. ~. ~.$.ke.. ~.....~.~.~ r..e..s. & .. ~.%..%.s. .......... ~..,..Z...,. ....................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY permit to build an addition on existing dwelling 1. LOCATION OF THE PROPERTY ..,~./~.......~.,e..~..a.~,,....~..~...e. ....................................... '.~..~..'.~....~.Jr,.s.,~. ...... Street Use District on Zoning Mop ll~.., d .(,~'~7~) 6~ ..... .~.o. ........ p.o. ................................................... ~tattituck N ,Z, 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 Ordinance.) Art III? section 307 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. 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 end was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,srequestedforthereasonthat: We need a garage, and the practical place for it is attached to the dwelling. The dwelling was built prior to the zoning ordinance on a "corner lot". Pennsylvania Ave only exists on the filed map and is not improved. The lot falls off tward the creek on the north making access and location for an accessory building in the rear yar~ area impractical. The proposed addition with reduced setback in the ~e~erly side yard is the best solution to our problem. (Continueonotherside) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because T~e dwelling was bu_~lt aboyt 1~ years ago- prior to the zoniimg ordi~ante~ and .was set to take advamtage of the level part of the iot. ~he road (~e~syl~cania Ave) has me~er been cut in or improved and as of mow there is no pia~ ~o imy:rove it that i know of. ~he proposed addition will not disturb my neighbor to the west as he has give~ his approvai~ his home is built similar to this one - back near his west line. ~e ~ia~aed the ~ ~: ' ~ ~ ~ ~, of _ ~z~z~n to take advantage of the level r~art o~ loto 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 ~ Th lo% ~Z'aii~ o£f tward the creek on the northerly part of the lot o We have had fill brought i~ to ~,~i~ .... it to the prese~,t level~ ~d will have more ~,~ro~ga,z- ' ' i~ i~ the near £u,ture to help hold what we nme have. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ ~he attached garage w±lZ be ~ore a~tract±¥e "~' Th~ he,test dwelling in our area z~s an and ~mpro'~e the neighborhood. ~' ~ ~ attached garage~ aza5_ it is much better looking. The reduced sideyard will not harm the area as the adjoing home on the west is set close to their west lizze and will leaz-e a large yard between dwee!ings. STATE OF NEW YORK ) · COUNTY OF ) /' ........... " ~ Signature Notary Public