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HomeMy WebLinkAbout1231 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 1231 Dated December 30, ACTION OF THE ZONI.NG BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Shirley Saland Main Road Mattituck, New York 1969 1968 Appellant at a meeting of the Zoning Board of Appeals on ~Irhursday, 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 ~ ) Reques{ for a variance to the Zoning Ordinance ( ) March 13, 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 .................... Subsection .................... paragraph .................... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:15 P.M. (E.S.T.), upon appli~ation of Shirley Saland, Main R~ad, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article IIX, Section 303, Article X, Section 1000A, for'permission to set off lot and di/elling with less than required frontage. Location of property: south side Main Road, Mattituak, New York, bounded north by Main Road, east by Frank Sidor and Billard, south by Mattituck Estates and Sidora west by Martin Filla. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (~vould) (~vould not) produce hardship because practical difficulties 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 ami in the same use district because N SEE 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 ( and that the previous decisions oi the Building Inspector ( ) be confirmed ( AP?ROVED FORM ZBd' -' ' ~, , Chamnan~ ) be granted ( ) ) be reversed. be denied ZONING BOARD OF APPEALS Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the. applicant requests permission to divide property and set off a lot and dwelling with less than the required frontage. The Board finds there is no hardship involved in this application. There is ample property to provide the house and lot set off with 100 foot frontage. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship create~-is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance would not observe the spirit of the Ordinance and would change the character of the district. THEREFORE, IT WAS RESOLVED that Shirley Saland, Main Road, Mattituck, New York, be denied permission to set off lot with dwelling with less than required frontage as applied for on property located south sideMain Road, Mattituck, New York. The existing farm house shall have a. frontage of 100 feet. This width of 100 feet shall extend so6t~e~l~ ~16n~ ,the easterl~ line at a distance of 100 fe~t parallel to the westerl~ line to a'point which is determine4 by the rear, line of ~ existing ~arm house. From this point the new lot line shall go in a westerly direction at right ~ngles to the easterly line and,parallel to the Main Road to the proposed dividing line as s~own on the survey by Van Tuyl & Son which was submitted and is part of this application. The balance of the lot shall be as shown on said survey. Legal Notice Page -2- 280A. LOcation of property~ right-of-way off west side of Village Lane, Orient, ~ew York, bounded north by Ao Younie, east by Oyster Ponds Historical Society, south by A.Mo Van De Water, west by Orient Harbor° 8:00 PoM. (EoS.T.), upon application of Shirley Saland, Main Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 5 (a), for ~ermission to convert existing building into two family dwelling° Location of property: south side Main Road, Mattituck~ New York, bounded north by Main Road, east by Fo Sidor and Billard, south by Mattituck Estates and Sidor~ west by Martin Fillao 8~15 P.M. (EoS.T.), upon application of Shirley Saland, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000A, for permission to set off lot and dwelling with less than required frontage. Location Of property: south side ~in Road, Mattituck, New York, bounded north by Main Road, east by Frank Sldor and Riled, south by Mattituck Estates and Si~or, west by ~rtin Filla. 8:30 PoM. (E.SoTo), upon application of Julius Zebroski, Bayview Ro~d~ Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X~ Section 1000A, for permission to use lot with insufficient frontage on public street. ~t t~ Section 267 of the T~V~ La~' and the prov~ions of am~ded Build~g Zone ~di- ~ Co~ty, New York. public ~d of Appe~ of the of ~uthold, at the Town ~, Ma~ ~ad, ~uthold, New on March I3, 1~9 on the 7:3~ P M. (EST), a~n appli- ~on of ~o Steele, 3 ~o~1 ~, ~dwin, New York, for a ~ in ~cord~ ~th the ~on ~5, for ~on ~ new one fam~ dwe~ ~u~ front y~d ~tback. ~n of pro~y: w~ ~de ~ xqght-of-way off ~uth ~ ~g St~t, O~ent, New ~, ~ent, New York. for n~ one fa~ dwe~ ~u~d fron~e ~d for appro~l of a~ ~ ~ ~ht-of-way ~ acco~- ~th the State of New York of p~Y: ~ght-of-way off ~de of V~age ~ne, Ofl~, York, ~d~ no~h by A. ~ ~ie~y, ~uth by A. M, ~ Wa~r, ~est by Oflent ~ of 8hffley ~land, M~ ~ Mattituck. New York. for ~ Zoni~ O~inance, Ar- ~. ~tion 3~, Su~ction (a), f~ ~ssion to c~ ~w~. ~ca~ion of property: York, ~und~ no~h by ~, ~uth by ~ttltuck ~ ~d Sidor, wes~ by ~ ~ of Shffley S~and, M~ ~. Mattituck, New York. for ~d frontal. ~a~ of ~Y: ~uth side ~ ~, ~ by M~ ~, ~t by COUNTY OF SUFFOLK STATE OF NEW YORKI 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 Zraveler-Mattituck Watch- man once each week for ....... _..~,.i¢~.~(~.~.....~..:..Z wee.If' successively, commencing on the .................... ~ ................ o, ....... ' -' , .............................. ......... Sworn to before me this ....... /.~':i ........ day of ........ , Notary Public 8:{0 P. M. (EST), upon appll- ~ of Julius Zebroski, Bay-[ t~ew Road, Southold, New Yorkq for a variance in accordance with tim ~o~dng Ordinance, Article III, ~ton 303, Article X, Section 1000A, for permission to use lot with insufficient frontage on lyal~lc sheet. Location of prop- .~t,~y: ~est side Ole Jule a~l west side Channel Lan$, Mat~tuck. New York, bounded myrth by Channel Lane, east by ~ Jule Lane, south by Colette l~vc~a, west by canal. An~ pel~on desiring to be ~ on the above apphcations ~ao~d appear at the time and ~ specified. BY ORDER OP SOUTHOLD TOWN BOARD OP APPEAL~ LEGAL NOTICE -~Igtice of Hearin~ pUrSu'~t t~ Section ~ of the I Town L~W and ~e p~v~ns ~th~ ~e~ed B~d~ug ZO~ , anco o~e T~n of ~utheld, Suf~ 'folk Cowry, ~ew Yo~, ~ub~c ~ hea~n~s:w~ll ~ held by the lng B~rd of App~l~ of the'~ of ~old; at ~e Town Office Ma~ ~ad, ~utho[d', New York, on appeals: 7:30 P;M. (~.6.T.), u~n a~lica~ ~ldwin, N~ Y~k, ~r a varia~e set,ck. ~ation of pr~y: west ~de ~ priva~ ri~nt-of-~y off ~ ~de of K~ Steer, ~ent, New Y~k, ~und~ ~ by 1~ ~th by 3~ ~ug~, west by ~ent ~ar~r. 7:45 P.~. (~.S.T.), upon applica- tion .o~ ~rgia C. Fox, 1320 Fox ~d, O~ent, ~ Y~rk, ~r a vari- a~e in ac~r~ce with ~ ~n- ~g Ordinance~ A~icle III, ~ction 3~, A~cle X, S~ti~ 1000A, ~or dwel~g w~th ~duc~ ~ron~age and priva~ ri~-o~-way in accordmuce ~th ~he ~e ~ ~ew York ~wn La~, ~ec~n 2~0A. ~ion P~y: right-of-way off w~t side of Village ~ne, O~ient, New York ~u~ no~ by A. Yo~e, by ~r Ponds ,His~rical ~iety, ~uth by A. M. Va~ De Wa~, ~t by Orient Hater. 8:00 P.M. (E.S.T.), u~n appli~- tion ~ ~irley Saland, M~ ~ad', Mat~tuek, New York, ~ a ~ial exception i~ ac~rdance with the tion 300, Subs~on 5 (a) for per- mission to co~rt ex,ting ~ug in~ two family dwelling. ~- cairn o~ 'pr~ert~ south side Main ~ad, Mat~tu~k, ~ York, bo~d- ~ north by M~ ~d, ea~ by F. SidOr, ~ BHlard, ~th by' Matti- tuck ~ and Sidor, west by ~artin Fills. 8:15 p~. (~.S.T.), u~n applica- tion ~ S~rley ~land, Main R~, ~nce, ~t~cle HI, Section 303, Article X, S~n 1000A, ~or oer- mizsio~ ~ set vff lot .and d~elHng w~th le~ than r~uir~ ~rontage. ~tion o~ pro~ty: ~uth side M~n R~,$, Ma~t~tuck, ~ew York, ~nd~ no~h by ~ain R~d, east by Frank ~idor ~ BiHa~ by Mattituck ~ta~s and Sidor, west by Mart~ ~lla. 8:30 P.M. (E.S.T;), u~n applica- tion o~ Juli~ Z~ki Bayview ~d, ~u~old, ~ew York, ~or a ~g Ordinance, A~ide III, Sec- tion 303, A~cle X, ~ti~ 1000A, sufficient f~n~ge on public st~t. ~ of pr~e~y: ~t side Ole ~e ~ and we&i side C~nel ~ne, Ma,tti~ck, New Yor~ bound- ~ ~ by Ch~el Lane, east by Ole J~le ~ne, ~uth by Colette Riv01~, wes[ by c~. Any person desi~ng to be heard on the above applica~ons should ag~ar at the t~e and place spe- cified. DA~: F~RUARY 27, 1969, BY ORDER ~ T~ SOU~O~ TO~ ~ OF ltM7 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ? ss: ........ ~.~_-~f/~ .,~-..-.~..~-.L.~.~=+..~. .... being duty Swo~m ~EEKLY TI~ES, a newsier pub~ish~ ~t Gr~nport, in s~d county: and ~at the noti~, of which the a~e~d is u ~int~ ~py, has been published in the z~d Suffolk W~k~ Times once in euch week, ~ ....... ~. .............. w~k~ suc~ssiwly ~mmencing on ~e . ~~ .......... } ~Term k:pL e,; ~/la~ch 30, ic~.:,~ APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. I~,-~ i DATE . .?..e..9..-, .. o~..0. ~ ....1..?..6t~ Name of Appellant Street and Number .......................... ~.t.tit.uck ................................................ Municipality ..Ns¢~,..~o~'k .......... HEREBY APPEAL TO State ,,.~HE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ~~,PPLICATION FOR PERMIT NO ..................................... DATED .... ~ .......~..~.d..~.. WHEREBY THE BUILDING INSPECTOR DENIED TO of Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) Permit to reduce frontage 1. LOCATION OF THE PROPERTY ,..$./.S...~.ir~..Ao.8,.~ ............................... ~k.':L....d..i.,s...t. ....... Street Use District on Zoning Map X~L~ XX Mattituck~ N.Y. Iv~ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 303 - Article V, Section IO00A 3. TYPE OF APPEAL Appeal is made herewith for (:X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons Art. 16 Sec. 280A Subsection 3 Laws 4. PREVIOUS APPEAL A previous 'appeal (~:$) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol 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 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that l~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSIZIIP because 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 COUNTY OF ) "~ ............... Sworn to this ....... ,7¢ day o / Su~olk County Department of Plan~-~ng Veterans Memorial Highway Hauppauge, N.Y. 1178'! February 19, 1969 IV~r. Robert W. Gillispie, Jr., Chairman Southold Town Zoning Board of Appeals Orient, New York 11957 Re: Mun. File No. /Petitioner Shirley Saland S. C. P. D. File No. SD- 69- 5 Gentlem eh: The Suffolk County Planning Commission has received the application for Variance of the 100 feet street frontage rec~uirement to 68. 80 feet ,. pursuant to Sections 239-1 and n~ of the General Municipal Law and hereby renders the following decision: appr oval c onditi onal disapproval X local determination The following statement represents the reasons for the above decision: No apparent hardship exists -- suggest applicant meet 100 feet frontage_ requirement Respectfuliy yours, Lee E. Koppeln--an Director of Fla~ming huppogue, b York Dear Bnclo~ed please f~nd applicet~on with mai;m, etc. for spec~l exception and mn appl4cation for a variance, prmaiasw of applicant, Mrs. ~'ooeph Saland, S/S Math Road, east of Mmu York. I trust &ll of the rmquired ln£ormmtion ~m sho~n s~mm~heze on the enclc~ed material. we are witholding our action p~nd;tng notice £roa you. TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-6783 Bulldina Dept. } PlannIng Bd. 766-2660 Board of Appeals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the .....~...~...~e...'~......~..f....&.P.~.~...~.~.I. ......... of the town of ...~J~,~ .................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes ............ Special permits .....]~....... Variances Location of affected land: ~'~./..~.~..~.....~...~....~([..~..~...~.~..~.~..R..~..~....~.~.)~.~..~.~.-~.~.~ within 500 feet of: (check one or more) ............ Town or village boundary line ...~ .... State~13~llll~ road, ~ ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public building is situated Comments: ~ &ppl~cant, H~*s Joseph $&land havinl pu~oh~sed an e~Lst~ng farm house and bL~n v~shos to sot off & lot faf the dvell~n~ v~th less than ~e req~red l~ft v~ -&~t III section ~ off ~e Tovn son~ o~nancoa ~$ t~es ~w~ an applicat~on flor & s~oc~al exeepti~ ~ the s~e ap~licant for conversion of the B&~ to a ~o ffam~ly ~ell~E wh~oh ~s enclosed as a seperate appl~eat~one Title Date received by Suffolk County Planning Commission ........................................................................ File No ................................. O O ~anuar7 3, ~969 Mrs Shirley ~aland Main Bead Mattiluck9 Dear Mrs. 8aland$ ~our two a~plications (Variance & Special Exception) were presented to the Board of Appeals at their meeting last night. We have run into a snag, and could not set a date for a hearlng as the County Planning Commission has set new rules under section 3, - l~a of the general municipal Lawe these became effective on Jan. lst~ 1969, We.j~ now have the following additional material submittedl. 6 copies of an engineer's or licenses surveyors map of the sub,oct property . showinz all property lines (existing and ~ro~osed) with courses a~d eistances, proposed buildings~ all property or. mots ~ builaings (including use of building) within 200 f~et of the property, and all pe~perty owners within 500 fe~t of the prop,rty9 bZono dist~$ct lines within 5']0 ft of the propertye The ~ap must e,ei~her 8~ ~ 11~ OR 11· X 1~" overall with ~" border, makers name zn~ a~ress mlnxmum scale l"=2OOfte a locality shetch from a recognized map of record (Zone map) or similar,! owners name and adress, a line to indicate the County Jurisdiction (50~, ft from State ROad in ~bis case) North point must be show~ village & Township must be ln~ileated and an identifying title for ~be map. We will ~ake the additional copies of your an~lieation and the r~q~ired a[fidavit and for~ar4 all of the r~quired nap-rs to County Planning Commis~ion for their action as soon as we receive the r,qu~red survey maps from youe This ~ew requirement cauEht us unprepared. Yours truly ~,uJ] /:~ng Inspector December 3t, 1968 Buildin~ Inspector Town of Southold Town I~all - Main Road Southold, New Y~rk 11971 Dear Sir: .Iam in Riverhead every day from 9: AM to PM, 'a~unable to ~et to your office.' Would you nlease ve someone there fill in the pertinent facts neede~ on this Am~eal -- such as District on Zoninz Mom, Number, Lot Number, etc. T¼ank you very much. Yours truly -1