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HomeMy WebLinkAbout1262 TOWN OF 80UTHOLD, NEW YORK ACTION OF 'r~ ZONING BOAI~D OF APPEAL8 Ap~eel No. 1262 Dated 6/1/69 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO,tN OF $OUTHOLD To H.W. ~chwindt Paradise Shores Road Southold, New York Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to l)ropel'ty ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance t~ the Zoning Ordinance ( ) 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 7:40 P~I. (R~S.T.), :Up°n: app'lication-al 'H.~.' Schwlndt, Paradise Shores. . Road, Southold, New York, foz" a 'variance in"accordance'" ' with the Zonning Ordinance, Article III, Section 303, and .Article X~ Section iO00A, for permission tO set of~ lot With insufficient' " ' frontage.' Location of property: Par-adise Shores. Road, South01~, New York, bour~ed north by other land of applicalit, east by Reydon Shores~ subdivision, south by H. Martin, west by Pirvat~'Road. 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 (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) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, i~ 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 ,APPROVED After investigation and inspection the Board finds that the applicant requests permission to set ~ff a lot with insufficient frontage. The Board finds that the appllcant owns a very large parcel ~f land. The piece of p~operty the applicant is retaining for himself has frontage on two streets as it runs from Paradise Shores Subdivision into Reydon Shores development. This will not har6f%the area. In general the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance will ~ 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 .H~ 'the ~Ordlnance a~d .Will not change the character of thls dlstrlct~ Ro~d, SoUthold~ NeW York, ~ 9ranted permission to set off lot with insufficient fxontage as~ applied for, : LOcation'of property: PaXadise Shores Road, $outhold, New'Y6r~k. ~ '- m~mulm, LqB,T mm imm ,~mmaL, kmmdmd mamg, mm mSLT Bed, m ag, lammmm& ~ ~, mag, mi. K mamg. cm .ES, GRE.F, NPORT, N. Y., FRIDAY, ~UN.I~- 6, 1969 Notice of I-Iearmgs Pursuant to SeCton 267 of the Town Law and the provi~on~s of the amende~. Building Zone~ (~r.'~inance of the Town of South01d, 'SuffOlk County, ~qew York, publ/c hearings will be held by the Zoning Board of A4~ea~ of the Town of South- old, at the Town O~ice, Main Road, Southold, ~e~v York~ o~ June 12, 1969 on the fc41owthg appeals: 7:30 P.M. (E~D.$.T.), upon appli- cation of Fishers Island Utility Co., . Inc., Fishers Island, NeW York, for a variance in accordance with the Zoning Ordinance, Article III B, I Section 10~8, for permission to cre- ate 6th apartment in a non-con- forming multiple residence build- lng. Location of property: north side of Whistler Avenue, Building ~X~o. 36, Fort ~-I. G. W.~ht Map, nF~h..ers Island, New York bounded .n.o~r~ by private road, south by 7:40 P.E. (E.D.S.T.), npon appli- cation of II. W. Schwindt, Paradise i Shores Road, SouthoM, ~New York, the Zoning Ordinance, .~xticle III, Section 303, and Article X, Section 10.00~, for permission to set off lot w~th insufficient frontage.. Location of property: Par~dis~ Shores Road, Southold, New York, bounde¢ north by other land of appli~nt east by Reydon Shores sulxlivision south by ,H. Martin, West by privet( road. 7:50 P.M. (E,~:S.~.)~ upon appli- cation of Ed~vard Halleh~n~ Routo 1, .NB~eX 206, N~ugles Drive, Mattituck ew York, for a special exception in accordance with the Zoning Or- dinance, Ar$ic~e I~I, Sedtion 300, Subsection 10, for permission to erect an off premises directional s/gm ,Location of proper~y: land of E.C. Sullivan, south side of Cox ~eck Road - Mill Road, Mattituck, ~ew York, bounded north b~ West Mill Road, east ,by Vorsal Holding Corp., south by M. Vota, west by Cox Neck Road. 8:00 P~Vi. (E~D.S.T.), sport cation Of Barbara Dwight Schriever, Main Road, Ortant~ ~Tew York, for a variance in a~ordance With the Zoning Ordinance, Article III, Sec- tion 300, for permission to use ex- isting Ibuliding for storage and re- equipment etc. Location of prop- erty: west side of Tabor 'Road, Ori- ent, New York, bounded north cem- etery, east by Tabor Road, south by ThOmas Estate, west by W. Tabor & other. 8:30 P.M. (E~D.S.T.), t~pon appll-' cation of Mateo Laltunich, Bay Home ~ Road, Southold, ~ew York, for a variance in accordance with the Zoning Ordinance, ArUcle III, Sec- tion 300, ~ubsection 6, for permis- ;sion to replace existing aeces~ory :building in front yard area. Loca- 'tion of property: eest side of Bay Home Road, Southold New York, bounded north by right-o-way~ east !by Esther Glendenning, south by! ~ Peconic Bay, west by Bay IIome. Road. 8:4~5 P.M. (E.D.S.T.), upon appli- ~ Front Street, Greenport, New York, ~for a spec/~l except/on in accord-' with the Z~oning Ordinar~c.e, Arti.cle IH, S~:$i~0n 300, Subsecton 10, for perrnissio~ to erect an oiI pr~u~es directonal ~st~n. Lo~tton Of prep~ erty: land of Julia Stokes and Mrs. !D. Avent, north s~de Main Road, Laurel, New York, ~mded nm'th by C~mp Malloy, east by Malloy, south by Main Road, west Any person desiring to be heard on t'he above apPlications should appear at the time and place a'bove epecified. DAT~SX): iVfAY 29, 1969, BY ORDER OF TS ~sOU'I'~OLD TOW, N ROAP~D OF APPEALS ltJu6 ~ ss: J · .~.~.~.~.~-:~.~-.~ .... being duly Sworn, ater and Publisher of the SUFFOLK paper published ~t Greenport, in said m0 of which the ~nnexed is ~ printed copy, has been published in the said Suffolk Weekly/ Times once in eoch week, for ....... .~..~: .~ ............... week~ successively commencing on the .. ~. ~. ............ day ,of .... i~ ~..~-~....~. ........ 19.~..~. ............... Sworn to before me this . day of ..... .i .~ .~-~..~.~. ~. ..... 19~.. CORNELIA C. KEOG NOTARy PU~3LIC, State of New York No. 52-2093890 Qualified in Suffolk County ~Term Expires March 30 19 ? in accordance ~vith the Zoning Or-{ dinance, Article IV, Section 408,1 Subsection (a), for permission to! !erect an off ~)rem/Ses directional sign. ~Location of property: land Julia Wickham, north' side of Main Road, Greenport, New York, bound- i ed north by Catherine Ca~sidy, cast by Albertson Lane, south by Main Road, west by Catherine Cassidy. 9;00 P.M. (EAD.S.T.), upon app]i-~ cation of ,Jack Levin, North Road, Grecnport, ~Iew York, for a opecial exception in accordance with the Zoning Ordinance, Article IV, Sec- tion 408a, for permission to erect an of~ premises directional sign. Location of property: land oi Cia- cia ~atate, Cha/)el Lane and Main Road, Grecnport, New York, bound- ed north by Jack Levin, east by Chapel Lane, sout% by Main Road, west by L. I. Lighting Co. ~No. 2 - for a special exception in accordance with the Zonihg Or- dinance, Article IV, Section 408a, for permission to erect an off prem- ises directional sign. Location of )roperty: land o£ Edith Cochran, ~Iain Road and Boisseau Avenuc, S~uthold, New York, bounded north by C. E. Cochran, east by Alex Kom~-~kis, south by Main Road, west by Boisseau Avenue. 9:30 P.M. (E.D.S.T.), upon appli- cation o£ Jack Levin, North Road,f Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Sec- tion 300 :~ubsection 5 (c), /or per- I rnission to esbablish and maintainl ~ a golf course, tennis courts, and / off-street parking for same. Loca- ~I tion of property: sout~h side of ~ North Road, Greenport, New york, - bounded north by Iqor£h Road i] (CR27), east by H. Doucett, M. De- '/ santis, & Chapel Lane, south by :1 Ciacia Estate, L. I. Lighting Co., & NOTICE OF ~ 8~o~ ~y, New York, ~e h~ ~ ~ held by ~ ~ o~ ~u~ ~ the foHo~ ~ti~ of ~ York, f~ s ~ ~ a~ ~ ~th ~e ~ ~ ~y: n~h ~de of ~ bF ~ ~. ~uth~ ~r A~ue. ~:~ P. M. ~,~ ~t~t ~. ~ of ~t, ~ ~ ~ ~ flub- ~ ~ p~va~ ~:~ P. ~. (~), ~ ~p~n ~ ~ ~th ~, ~ ~, ~ 10, ~ 0f p~y: ~d ~-~ ~, ~tu~ ~ew b~ C~ N~ ~. . 8:~ P. M. I~, u~n New Yo~, f~ a ~t, e~ ~ ~th ~ ~ ~ ~t~ W. ~ & ~. 8:30 P.M. l~rkiug for same, 'Loc~tion ~licati0n of] M~teo south side of NOJ~hI Bay Home l~md, Southold, Greenl~r~. New York, I York, far a variance in accord- bounded north by Nc~h unce with the Zoning Ordinance, (~R 27), east by R, Doucett, M. Article ~ Bection ~0, sul~c- tlc~ 6, for bounded n~rth by' r~ht-of-w~Y, ~ by Esther Olende .l~l~,1 8:46 ~ ~). u~n~ a~. ~ ~ ~th ~ ~de ~. S~ 10, for ~r~- ~io~ ~. ~ti~ of ~V- D. A~t, ~ ~de ~1. N~ York, ~ n~h No. ~f~ a ~ ex~pUon ~tn~, ~ ~, ~ion ~, Su~n ~ ~. ~M~ of ~: ~d of J~ Wie~ ~, ~ ~ ~ ~dy. 9:~ P. ~ ~, O~, New Yor~ for ~ ~th ~ ~ ~ce, ~e ~, ~ O~n~, ~ ~, ~ ~ L. ~ ~ht~ Co. No. ~f~ a s~ e~ ~, f~ ~l~ ~ e~ an ~u A~, ~d, Y~ ~ ~ ~ by ~th ~ M~ ~, w~ by ~u & Ch~el LaUe, south Ciacia Es~te, ~ L '~h~ duly sworn, soys & ~ ~ve oo~., ~ LONG IS~ND ~ ~ d~ ~ ~ q, a public news- . ~t the ~ ~d ~oun~; and that redcopy, has been ~?~'2'~:~ B~ 0~ ~'0~1~ '~ottituck Worth- ...................... / yom to boforo m~ this .......... ~. ........ doy of N tary Public // J ,TOWN OF SOUTNOLD BUILDING DEPARTMENT TOWN CL,~-RK'S OFFICE SOUTHOLD, N. Y. ~OTiCE OF DISAPPROVAL File No ................................................................... Date ..................... ~.~,...2 ..................... 19 ........ ~o ..~..~,...~~...~ ..... ~:...~.,...~~ ..... ~& ....... ~.y,.: .................... TOWN OF SOUTHOLD, NEW YORK - APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / ~ ~/~ DATE .... ~..q~.e....~.,... ~.?..6. 9 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. R. G. Terry, Jr., as agent for 1, (~) . t{,..'.W .... Sghw. ir~dt ............................... of ........C..a...1.y.e...s...-..N..e...c..k.....R...°..a..d.. ............................... Name of Appella, nt Street and Number Southold N.Y. ......................................................................................................................... HEREBY APPEAL TO M.unicipality State THE ZONING BOARD O'F APPEALS FROM THE DECISION OF THE BUILDING IN.SPEC~OR ON .................................... ".,~q ~ ,,! APPLICATION FOR PERMIT NO. DATED ........ ~,.;~.~:v. ..... .~,,~..~, ............... .. .... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of ,..c. ................ ..................... ................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE 1. LOCATION OF THE PROPERTY ...... :Pmradise...Shor. e~...Ko.~.d. .................................... .A..~ .... Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sectioi~, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Article III, Section 303 and Article X, section 1000A 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 appea! :~oX) (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 applicant desires to sell premises consisting of a one family dwelling house located on a 60~01 foot lot on easterly side of Paradise Shores Road, purchased by applicant in 1948 prior to zoning; also prior to zoning, applicant purchased an additional lot of 75 feet width adjoining on the north. 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 premises were originally sold as a 60 foot lot and several :of the homes at Paradise Shores are on lots of less than 60 feet in size,, some on 50 foot lots, some on 75 foot lots~ and some - on 90 foot lots. The premises were originally purchased~ as~ a 60 foot lot in 1945 by John Purer who constructed a dwelling house thereon° In 1948 applicant purckased the premises from John Purer (Liber 2892 cp 555)° The development was originally set up for 60 ft plots. 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property and in this use district because applicant purchased the dwelling house premises as a separate parcel on November 6, 1948, and an addi' tional 75 foot adjoining plot prior to enactment of the Zoning Ordi- nanceo Most of the .other smaller size plots were owned in single and separate ownership at the time of enactment of the Ordinance and al- though not meeting the Ordinance requirements, they are not affected by it. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because many of the dwellings in this development are on 50 foot lots. Applicant's dwelling house on the 60 foot plot is an attractive addition to the area, in keeping with the character of the district and its sale as a 60 foot plot would result in one economic unit in harmony with the area~ ) ss ............. ,,~...- ..... COUNTY OF SUFFOLK) ~ as a ent for ~g~toUr~chwindt ' ~]~ i ..... ........ day of .... Sworn to this . ....... :..,'..',~ .......................... 19 (~' ( / /~- t~OTAR¥ ?U~L[~, S~ate of New Qualified in Suffolk County ~rm ~xpi~es M~ch ~ ~. f -/ O~ :,SOUT~LD SHEET, No. 7" i