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HomeMy WebLinkAbout1264 TOWN OF SOUTHOLD, I~EW YOI~K ACTION OF '1'~1~ ZONING BOARD OF APPEALS Appeal No. Dated 6/4/69 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Ale~,~ander & Harriet Scott To 286 Ivy Avenue Westbury, New York DATE Appellant at a meeting of the Zonin~ Board of Appeals on Thursday, June 26~ 1969 wa~ considered and the action indicated below was taken on your ( ) Request for variance-due to lack o£ access to property ( ) Request for a special exception under the Zonin~ Ordinance (X) Request for a variance to the Zoning Ordinahoe ( ) 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 Zonin~ Ordinance, and the decision of the Building Inspector ( ) be rev~raed ( ) be confhrned because 8:30 P.M. (E.D.S.T.)S Upon application of Alexander & Harriet Scott, 286 Ivy Avenues Westbury, New York~ for a variance i~ accordance with the Zoning Ordinance, Article IIIs Section 308s for permission to ~build new one family dwelling with' red~ced front yard setbac.k. Location a~ property: private road on west side of 6th Street, G,reenport, New York~ boanded nOrth by W.H. Brauns east by Village Liner south by F. C. Ashbys west by private road. 2. VARIANCE. By resolution ol 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 RE~RSE (c) The variance (does) (does not) observe the sph-it of the Ordinance and change the character of the district because (would) (would not) FORM ZB4 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. A ,ROVED .... ..~ BOARD OF APPEALS ~ra C. Dzttmarm, Secretary After investigation and inspection the Board finds that the applicant requests perm/sslon to b~aild new %ne family dwelllng with reduced fro~t yard setback. The Board finds that the applicant does nOt present any valid reason for the reduction in the front yard setback. However ~ the applicant is granted permission to reduce the rear yard area, and this was covered in the legalnotice of hearing. The applicant must maintain a 35 foot setback from the road, however the rear yard area setback may be reduced to 15 feet. The Board finds that strict application of the Ordinance Would produce practical d~fficulties orunnecessary hardships 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; ~nd the variance will not change the cha~aotsr.o~ ~/~e .district and will observe the spirit of the Ordinance. ~ ~ ~ Therefore~ it was RESOLVED Alexander and Harriet Scott, 286 Ivy Avenue~ Westbury~ NeW York~ be DENIED permission to reduce the front yard area setback as applied for; and be GRNATED permission to reduce the rear yard area to 15 feet~ on property located p~ate road on. west side of 6th Street, Greenport ~ New York. NOTI~ OF HEA~,ING8 ~ ~ ~ ~ of ~ ~ ~ ~ the ~ of ~ ~ of ~, ~ ~e ~, ~ld, ~ ~or~, for 8 ~ of $. T. ~, ~on ~ ~ ~.~ ~~ e~t ~ ~ ~ Argue, ~r~, N~ ; ~cle ~, ~n ~, for ~- ~ ~ ~nt ~ ~ ~of pr~;~; ~ ~ ~d ~ ~de of ~ ~ .N~ ~ N~ '~, ~W:Y~ for a ~e ~, ~ 4M, ~on ~, ~ NO~ ~ ~ 16, ~p ~o ~, N~ Y~ ~ $:~ P. M. ~), u~ a~ N~ Y~k, for a ~ ~ ~- ~d ~cle ~, ~ ~, ~ ~on ~ ~d n~ ~ ~ d~m~ ~th ~e of 6th S~t, ~, N~ Y~ ~ n~h ~ W. ~ r~. h~ ~ ~e a~ve ~d a~r at ~e ~e ~ COUNTY OF SUFFOLK STATE OF NEW YORK 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 ..... ~.:,,~..:f~..~ ....... L../.../-~,~. weeks successively, commencing on the .............. /~.......~... ........... Sworn to before me this ..... .~.~..~ .......... doy of ........ · ........ .................. AD,C: E pAYN£ LEGAL NOT]CE Pursuant.~ S~'cli~,.267~ the Town ~W~ ~v~i~ ~f the ~end~ '~1~ ~e ~ce ~ the ToWn of~o~ ~lk County, Yor~ ~blic. wffi .~ ~ by ~'Zo~n~B~rd of.~e~f ~e Town of. Sou~- old, at th~ ~ice, Main ~d, ~u~old, ~ew York, on J~e 26~ 1969 on ~e i~l~ing appea~: 7:30 P.M. (E~D.S.T.), u~n appli- ca,on of ~nald L. Smi~, North Sea ~ive & Kent's ~ad~ Sou~old, New York, for a special exc~tion in ~cord~ce with the Zon~g dinance, ~ticle III, S~on 300, ~bsection I0, for .peri,on to 'erect an off pre~s~ directional si~. L~ation of ~erty: land of C. W. B~th, ~u~ side of Middle ~d (C~2~), Southol~ New York ~ded north by Middle ~oad (CR ~7), east by ~ckers ~e & others, south by rai~oad, west by W. E. H~e ~ o~ers. 7:40 P.M. (E~.~.T.)~ u~on a~pli- ca~on of 'J. T. Dimon, ~uch ~ne, G~en~rt, ~w York, for a variance in accord~th ~e Zoning Or- dinance, Artic~ IH, ~ction 300, ~s~tion 6, -~or permi~ion erect acc~sory buil~g in ~ont ~yard a~a. ~tion of 9rope~ west side of private road (~uch ~ne), Green~rt, ~ew Yor~ bounded north by I~. Toanl east by private road (Ruch Lone), south by right-of-way, west by Arshamom- ague Pond. 8:00 P.M. (E.D.S.T.', upon appli- cation of John R. McNulty, 175 Grif- ting Avenue, Riverhead, New York i a/c Elizabeth Campbell, Kouros lqoad, 'New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec- ] rio: ~06, for permission to construct dwelling with reduced front yard area. Location of property: south side Kouros Road and west side of new road, kXlew Suffolk, New York, bounded north by Kouros Road, east by new road, south by O. Kouros, west by O. Kouros. 8:15 P.M. (~.D.S.T.), upon appli- cation of Port of Egypt, Main Road, Southold, New York, for a special excelttion in accordance with the Zoning Ordinance, Article IV, Sec- tion 408, Subsection (a), for per- mission to replace a roadside direc- tional sign. Location of property: north side Main Road, Lot No.'s 13 to 16, Map No. 539 C. L. Sanford Brick Co., Southold, ~ew York, bounded north by L. I. Railroad, east .by Koke, south by Main Road, west by Oates. 81.30 P.M. (E.D.S.T.), upon appli- cation of Alexander & Harriet Scott, 286 Ivy Avenue, Westbury, ,New York, for ~ variance in accord- ance with the Zoning Ordinance Article III, Section 304, and Article IH, Section 308, for permission to build new one family dwelling with reduced front yard 'setback Loca- tion of property: ,private road on west side of 6th Street, Greenport, lXlew York, .bounded north by W. I-I. Braun, east by Village Line, south by F. C. Ashby, ~rest by private Any person desiring to be heard on the above applications should appear at the time and place above specified. ,DA'IW, D: JUNE 12, 1969~ BY OR-' D~R OF THE SOUTHOLD TOW~ I~OARD OF APPEALS ltJu20 l ~ ss: .-~..l-.~.~ .~..~< ........ being duly Sworn, Printer and Publisher of the SUFFOLK ewsp~per published at Greenport, in said aotic~, of which the ,annexed is a printed shed in the said Suffolk Weekly Times ,r ....... .l~.~ . .: ............ week~ icing on the . .~.:'<.'-~..~.-~.~ ......... 7. ct this . ~.~: .~Q~.. :.. I ........ -. 19~., ~ x.~ ~_ >. ..... .............. F. LANGTON CORWIN xJotarv I'ublL,State ~. New Yo~k Suffolk Co. ()lli iai No. 524)770500 .~mmfission Ex pircs March 30, iF~ORM ,NO. I TOWN OF SOUTHOLD BUILDING DE~ARTM,,ENT TOWN ~CL~'RI~'S OFFIC,1~ SOUTHOLD. N. ¥. Examined ..................... 19 .... Approve,fl .................... ,19 .... Permit N.o. ................... Disapproved a/c ................ : ............................. ; ..... Application No ................. (Bull, ding Inspect, crt) APPLICATIO;N FOR BUILDING P,ERMIT /~ // INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitte*d in duplicate to the Building Inspector. b: Pl. otplan showing location of ~t and ~o,f buildings on premises, relati~o:nship t,o adj,oining premises or public streets .~r areas, and giving a detaile,d descripti,on of lay out of property must be drawn ,ori the diagram which is part of this application. c. The work covered by thi.s applicati,.~n may n,o't b e commenced before, issu~ance of Building Permit. d. Upon app~0val of this .applicati,~n, the. Building Inspect,or will issue .a Building Permit to the ~applicant. Such permit shall be kept ,~n the premises available for inspectio~ through, out ihe progress ,of the work. e. No building shall be occupied or used in whole .o ~ in part ~or any purpose whatever until a Certificate Occupancy shall have been granted by the Building Ins pec~ar. APPLICATION IS I-IEi~EBY MADE to- the Building Department for the issuance of a Buildirig Permit pursuant t,o the Building Zone Ordinance of the T~wn of S.~utho Id, Suffolk ©ounty, New York, and other applicable Laws, Ordin,ances ,or Regulati, ons, for the constructi.o,n 3f build ings, additions or alterati.ons, ~r f, or rem~v.al or demo- lition, as .herein described. The applicant agrees t~o comp ' . ' ~es, building code, h.~using co,de, arid ragu let lo'ns.~ (Signature ~of ,al~plicant, or ~ame if a corporation) ............... ..... 7. ..... . ...... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber .or builder~-~;.~ i ......... ~..~..~.'..~.'.~.~.': .................................................... '~. .... ~': >. ....... Name .of owner of premises ~..~/~../~...~.~.~....~..../~..~...~. ?f~'.~.-.~... ~.~..o../.---. ~ ........................ If apl)licant is .a e~rporate, signature of duly auth,orized ,~ficer. (Name and tit~e of corporate officer) 1. ~ocat~on ~of land ,o.n which pr~osed w, ork will b e done. Map No ................. L~t No .............. Street and Number ~Z~ ~,/~ ~ :~~~ ~ ' ~' ' -- Municipality v 2. ,State existing use and ,~eeupaney ,of premises and i~tended use and occupancy og prop,osod eonstruetion. a. Existing use and occupancy .................................................................... b. Intended use an, d o~ccupancy . ./:~.~..~./..~.... ~..~.'.~.~..~...~.~.~ .............................. 3. Nature of work (check which applicable): New Building . Additi,on ........ Alteration ........ Repair .......... Re~aoval ........ Demolition ........ Other Work (Describe) ...................... 4. Estimated Co.st~.~.~.~,~. P.. >. .......... Fee ................................................. (to be paid ,~n filing this application) 5. Jif dwelling, number ,of dwelling units .......... Number ,of dwelling units on each floor .............. If garage, number ,o.f cars .......................................................................... 6. ~f business, comm,ercial ,.vr mixed occupancy, spec ify nature a.nd extent ,of each type of use .............. 7. Dimensi, ons of existing structures, if any: F~nt .............. Rear ............. Depth ............. Height ................ Number of Stories '. ....................................................... Dimensions of same structure with .alterati, ons or additions: Front .............. Rear ............... Depth. ............... Height ................ Number of S~o~ries ..................... 8. Dimensions of entire new constructi.on: Fr,~nt ..~-.~. ..... ~ ........ Rear...~. ......... Depth ~.~.' ........ Height .//..~..~ ...... Number ,of S~ories .../f. ........................................................ 9. Size of }ot: Front ....z~..5(?. J ...... Rear . .j..~..O. ~ ....... Depth . .~.~..~ .~ ....... !0. Date of Pu'rch. ase /~..~./~/.L.. g.~./.~~. . Name of Former Owner~Z~..z~..~5..~.. {.Yf?..~(../.~.(.~.~..'. I1. Zone ,or use district in which premises are situated ................................................. 12. Does progosed con~struction..¥i,olaie._~a~k~ning law, .ordinance or regulati,~n? ....... ~ ..... .,. ............. 13. Name .of Owner ,of premises/~.~--~¢!~-/C.. ~. ¢9..r~. · A, ddress ~..~. (..J.~j(..~.Y.~.: .~. ..... ~z~,~r~e ~o.~.<~ ~.~..Y~ Name of Architect ............................. ~ddress ...................... Ph~ne No .... :.q ..... Name .of Contractor ............................ Address ...................... Ph,~ne No .... .~! .:... PLOT DIAGRAM Locate clearly and distinctly .all buildings, whether existing or proposed, and indicate ail set-back dimensions from pr~o,perty lines. Give s~reet and block number ,3r de scripti~on according to deed, and show street names and ~=~-~moate whethcr intc~r-ior-or cornce l~t. " -~ ~'~ ~-J~~J'-~/' ~...~..~?'~being~ ~_ ~.z duly sworn, ,deposes and says that he is the appli (Name ,of in,dividu, al signing appl~e~tSon) cant above named. He is the ........ ~~~ ..................................................... (Gontracgor, agent, c,~p,orate officer, etc.) of said owner ,or ,owners, and is duly auth, orized to perf~rm or have pe~o'rm.ed the said w,~k and to make and file th~s applicati, on; that all statements contained in th is application are, true to the best of his kn,o~ledge, and belief; and th'at the ~v,¢rk will be pe~,o~med in the mann e~r~ in the. applic~~rewith. Sworn to before me this ..~ ........ day N,~ary Pu~c, ~ ....... CoUnty ''' (~u;'e'~f' ~]i~J~) ................ No. 30-6020100 qualified in N~s~u Commission Expires March 30, 1970 ~~ /~//7 'row~ o~ sou'r.o~.~, ~ ,o~ APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZO.NI,NG EI.OARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, ~We) ;e/.,~r~-.~.~.~...~.t.~.~... .............. of ~.~/./'..'/.. ~..~..'.: Name of Appellant .... S~/'e'~"'an~"i~u~'~ .......................... ......................................... .......... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIN~ INyECTOR ON WHEREBY THE BUIJ._DI~IG INSPECT. OR DENIED TO ~~.'~....~.~..~..~. ....................... Name of Applicant for permit Street and Number MunicilSality State ( ) PERMIT FOR OCCUPANCY .................................................................... : ....... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and_ P~qragraph of thee Zonin~l Ordinance _by number. Do not quote the Ordi,nance.) 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~) (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 ...................................................................... ( ) (,~') ( ) REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that 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 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 becouse . CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) COUNTY OF~'~Ijl~ )) SS Sworn to this ~'~'-~ day o~ ................................... ............................ June 16, 1969 .Village of Greenport / 18 South Street /' Oreen~ort, Ne~ York Attentions Harry Beling Dear Enclosed please find copy of legal notice. Hearing scheduled for Alexander & Harriet Scott, property located on private road on vest side of 6th Streett Greenport, is within 500 ft. of the Village line. Please sign and return copy of this letter in receipt of notification. Thank you. Sincerely, Robert W. Gilliepie, Jr., Chairman Southold Town Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. } Planning Bd. 765-2660 Board of Appeals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and' m, the ...~O~..O;~....~..DP..e.~,~. .......... of the town of ........~..O...~..~..~...O..~.~ .............. (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 · ..If~,~, · Variances Location of affected land: ..................................................................................................................... within 500 feet of: (check one or more) "'~1~'"' :11~°r village boundary line ............ State or county road, parkway or expressway ............ 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 o public building is situated Comments: The Board of Appeals has approved a reduction in rea~ yard to 15 feet (Sec 308) but no reduction in the front yard setback. .... ~:.~..~.t.:..!-.~.......e.,..~2~.~:?.~].~ ................. (signed) ........ ..c.~.~ ~ .~.....~...,...~..o.~rA....q.f....A.~p..e...a.!.". .......... Ti. tlc Date received by Suffolk County Planning Commission ........................................................................ File No ................................. '" '~ Jun~, 1969 18-18th Street Jericho,N.Y. Dear Sirs: A variance is being applied for by Nr. & Mrs. A. Scott, to build a house on a lot, having less setback than req*~uired by the Town of Southold. :;;~ lot referred to is 140' by 87~' and not l~O' by 80~' as shown on plan presented by the Scotts. It is written in their deed that a 35' setback is required to build on this lot, referred to as lot #13 in Cove Circle off 6th ST. in Greenport. We are the owners of lot #12 and strongly oppose a variance. Anyone else building in Cove Circle will be required to setback 35' and we feel that the Scotts should be req ~fred to do likewise. Since the hearing comes up on the night of a working day, .it will be impossible to attend the hearing, but I hope you give this letter some consideration and being put on record as opposed. Sincerely, To~ of Southold Zoning Board Town Southo~d, 14.I., New York Dear Strs~ A variance is being applied for by Mr. and Mrs. A. Scott, to build a house on a lot having less than the setback required by the ~oen of Southold. The lot referred to is off Sixth street in Greenport snd just opposite the old Ellsworth home which we purchased recently. My wife end I both oppose any change in zoning on this property. We understand that any building in this area has to have a thirty- five foot setback and feel that the S¢otts should continue this practice. Sincerely, NOTE ~,l~lr~- 5140%VN 15 "A" Z:OME, UkI'LIE$$ OTMt::,E;WIS~ IqOTED SCALE . tO0'= I" . IZ&WM ' ULY ~ 'rUYL~ , so. LkG.rr. klSEP LA, ND: jSUlitVEYOIZ. 5