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HomeMy WebLinkAbout1278 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 1278 Dated July 28, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Marion Smith ~ To Pvt. R.O.W. (Laurel Way) Mattituck, New York DATEAug.uZt ..21, 1969 Appellant at a meeting of the Zoning Board of Appeals on August 21, 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 ArtiCle .................... Section ...~ ................Subsection paragraph .................... of the Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:I0 P.M. (E.D.S.T.), upon application of Marion Smith, private right-of-way (Laurel WaY), Mattit~ck, New Yor~, for a variance in accordance with the Zoning Ordinance, Article ~II, Section 300, Subsec'tion 6, for permission to locate accessory building in front yard area. Location of property: private righ't-of-way dff south side Sound Avenue, Mattituck, New York, bounded north by Laurel Way, east by Walter Bel'z, South by Laurel Lake, west by W.J. Wilbert & others 2. VARIANCE. By resolution of the Board it was determined that (a) Strict appilcation of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary 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 and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and change the character of the district because (would) (would not) SEE REVERSE and therefore, it was further determined thai the requested variance ( ) be granted ( ) be clenied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED SEE REVERSE ZONING BOARD OF ~Pp~ALS ~e.~cretary South~51d Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to build accessory building in front yard area. Applicant has a pie-shaped lot running from the road to the lake which is heavily wooded and slopes to the lake, making it impossible to build accessory building in rear yard area. Other homes in this neighbOrhood have similar garages placed in their front yard area. 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 willy,not change the character of the district and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Marion Smith, private right-of-way (Laurel Way'), Mattituck, New Ydrk,' ~e ~Ig~ED permission to locate accessory b~ilding iH front yard area as ap~liedfor onpropertY 'lodated on private right-df-way off south side sound Avenue, MattituCk, New York, subject to the following condition: The garage shall be placed 'no closer 'than 48 ft.' to any side yard and n6 dloser than '25 ft, to the right-of-Way from which the property is entered. Legal Not~ Page --2-- east by Depot Lane, south by J. Zuhoski, west by J. Haurus~ 8:00 PoMo (EoDoSoTo)# upon application of Ro~ley To Buckham, 3520 Ole Jule Lane, Mattituck, New York# for a variance in accordance with the Zoning Ordinance~ Article III~ Section 303, and Article X~ Section 1000A# for permission to divide lot and create 2 lots will less than 100 ft. frontage on highwaye Location of property: south side of Ole Jule Lane~ Mattituck# New York~ bounded north by Ole Jule Lane# east by Anthony Anton# sou~ by James Creek~ west by Go Schaedel. 8:10 PoM~ ~oDoSoTo), upon application of M_aar~ Sm~i~ private right-of-way (Laurel Way)# Mattituck, New York, ~or a variance in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 6# for permission to locate accessory building in front yard area. Location of property: private right-of~ay off S/S Sound Avenue~ Mattituck# New York, hounded nor~ by Laurel Way# east by Walter Belz# south by Laurel L~e~ west by WoJo Wilbert & others. 8:20 PoMo (EoDoS.To), upon application of John G~ Havens~ Mill Creek Drive, S.Duthold~ New York~ for a variance in accordance with the Zoning Ordinance, Article I~, Section 303# and Article X# Section 1000A~ for permission to set off lot with less than required area. Location of property: south side of Mill Creek Drive, Southold~ New York# bounded north by Mill Creek Driver east by JoAo Cassidy~ south by Simon-Orlowski# west by P. Orlowski. NOTIOE OF HEAK1NGS Parsuant to Section 267 of the Town ~w-~d the p~lo~ of ~e amend~ ~ldi~ Zone ~n~ of the To~ of ~uthold, Suffolk ~ty, New York, ~b~c hea~s w~l be held by ~e Zon- ~g Board of Ap~ of the To~ ~ ~uthold, a~ t~ ~ Office, ~in ~ad, ~uthold, New Yor~ ~ A~g~t 21, 1~9 on the fo~ow~g ap~: 7:30 P. M. (~ST), u~n appli. 231 Strut, ~e, New Yor~ ~th t~ Zon~g O~nce, sion to ~d ~dition ~ ~ dwel~ with r~u~ ~e~ ~ea. ~tion of p~y: ~t No. 161 ~ map 0f ~ ~ch Park, ~ut~ld~ New Y~k, ~, ~st by S~set Way (~va~ ~ht-of-w~y), south by Jo~ Gormley, w~t by Can~ ~let. ~on of Ke~h~ S~, ~ ~e~, Gre~, New York, a/c ~ch~r Mo~l, Inc., Po~ R~d, Cu~h~e, New York, ~ a s~c~l exce~i~ Sub.ion 10, for ~on to mcr ~ off pre~s ~ on ~the pr0~y now fo~erly of P. Matwl~ ~on of pro~y: ~uth ~de of Midge ~ (C R ~) and ~ ~e of ~pot ~e, Cutch~e, N~ Yor~ ~d~ no~h by J. ~hth ~ J. Z~, w~ by J. cation of ~ney T. 3520 Ole J~e Lane, Mattituc~ New York, for a va~ ~ co~nce ~th the Zo~g ~di- ~ce, A~icle HI, ~ction tion of pro~. so~ ~de of Y~k, ~ ~ by Ole J~e ~uth by J~ ~k, ~t ~ G. 8:10 P. M, (E~T), u~n appli- ~ght-of-way (~urel Way), ~t- ~tuc~ N~ York, f~ a ~ ~ ac~r~ with the Zo~ 3~, SuCtion 6, for ~ front ~ ~a. ~on of ~o~y: p~va~ r~ht-of~ay off S/S ~d Avenue, Ma~ituck, N~ York, ~d~ ~h by 8:20 P. M. (~T), u~n ~ ~, ~uthel~ New Yor~ f~ a v~nce ~ a~n~ ~ off lot with 1~ ~ old, N~ York, ~ ~ by ~ ~k ~ve, e~ ~ J. ~d, ~uthold, N~ York. for f~e a~ ~a. ~on of ~hold. New Y~k. no~ by ot~r ~ of by ~d~e ~ (CR 2~), w~ by A. J. P~ & o~s. h~ on the a~ve applic~ ~d ap~ at the time and COUNTY OF SUFFOLK ~ ss STATE OF NEW YORK j C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISEAND TRAVELER - MA1-FITUCK 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-Mottituck Watch- man once each week for ..... ..-~'*~.,~'~ .J,G~-..-.~-.~.-./.. weeks successively, com_~encing on the .............. ~..?~.~. ................. day of ......... .~.~4~'.~.. ............. 19.~.~/' / ................. ...... Notice of Hearings ~ursua~t to Section 267 of the Town [aw a~d the provisions of' the amended.:4uflding Zone Ordm- auce of the ~pwn of S0uthold, Suf- folk. Coun]y, New York, I~blic hearings will be held by the Zon- ing Boaxd of~Appeals of the Town 'of .Southold~ at the Town Office, Main Road, Southold, J~few York, on August 21, 1969 on the following a~- peals: 7:30 p.I~. (E.D.S.T.), upon app!i- catin~ of ~hillip l~feffer, 142-39 231 Street, Roeedale, ~lew York/i(~t a variance in accordance with the Zoning Ordinance, A~cle III, Sec- tion 307, for permission to build ad- dition on existing dwelling with re- duced sideyard area. Ix)cation of property: Lot No. 161 on map of Cedar Beach Park, Southold, Alew York, bounded north by Anthony Cassa~, east by Sunset Way (private right-(~-way), south by John Gorm- ley, west by Canoe In]et. 7:45 p~VL (EE).S.T.-, upon appli- cation of Ketcham Signs, Main Street, Greenport, New York a/c Beachcomber Motel, Inc., Duck Pond Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, ;Section 300,. Subsection 10, for pe?- ~ mission ~o erect an off premises di- ~ rectional si~n on the property now of former]y of P. Matwieczyk. Lo- :~c~atinn of prop~r~y: south side of Middle Road (_~27) and west side of De~ot Lane, Cutchogue, ~[ew i York~ ~bounded north hy J. P. Krup- Page Five ss: . .~-~...~.~ .... being duly Sworn, ri ht-of-way (Laurel Way), Matti- 1000A, for permission to set off lots g _. t.. ,. ----~-nce in ~vith insufficient frontage and area. accordahce ~Jh_~Zoning Ordin- Location of property: west side Clark ance, Article~~ ~i0n 300, Sub- ~%cad, Southold, New York, bounded section 6, ~o~n to loca'ml north by other lands of applicant, accessor {~'~ front yard east by Clark Road, south by Mid- area. ~.Yocatib~"~ property: private I die Read (.?{27) west by A. g. Oar right-of-way off S/S Sound Av,e. nue, ~ .askos & omers. ., . ~}~++~+-~k ~lew . York, bo~ded[ A~y person demrmg to be hearu. o h by L ur y, ~ - t on the above applications should ap- ~r~ ..... a el Wa east b al . ter Belz, south by Laurel Lake, ~vest] pear at-the time and place spem- by W. J Wi~bert & others. [ fled. 8:20 P.M. (E.D.S'~.), ~Pon appli-! Dated: Ju~y 31, 1969, BY ORDEI~ cation of John G. Havens, Mill Creek[ OF ~ S.OUTH©LD TOWN Drive, Southold, ~lew York for a] BOARD OF A~PEALS ltAul5. ................ F. LAN(;T()N CORWIN im ,~[ sion Expires March 30, 19..~ [ ,ski east by Depot ,Lane, south by I J. zuhosld, west by J. Haurus, variance in accordance 'with the ter and Publisher of the SUFFOLK the Zoning Ordinance, Article III, [caSlon of prop.erty: .S)OuU~ol~.d~eowf in the said Suffolk Weekly Times Section 303, and Article X, Section, Mill Creek~ D.r~ve,._~.o _.~.,, ~ ,. . 1000A, for permission to divide 10t York, bounoect norm ~y n~m ~;ree,- ~e_~c.C week~ and create 2 lots with less than 100 ~ ,Drive, east by J. A. Cassidy, sout~ ......................... , ft. frontage on l~lgh~ray, Location by Simon-Orlowski, west by P. on the . .~.~ ........ of property: south side ~ Ole Jule 19wski. nane, Matti ck, YOrk, boand- 8:30 pon ed north by Ole Jule Lane, e Cation of Charles Becket, Clark Anthony Antoff, south ]?y Read, Southold, ~ew York, for, a ................................. Creek, west by G. ScrnaedeI- . variance in accordance with the 8:10 P.M. (E.D.S.T.-, upen:~ppli- Zoning Ordinance, Article III, Sec- , cation of Marion Smith, private tion 303, and Article X, Section .. 10. . ] ~.~ ..~/j,/,.~) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ..... ............................... of ............ Nome of Appellant Street and Number ......................... ~..t,,.~.'~13.¢,~ ...................... .(..~..,.~.,.~.,.). .................. .~[.,.~.~.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~.tt.~.....~.8......1..c~9. ................. WHEREBY THE BUILDING INSPECTOR DENIED TO Nome of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to build accessory Building in front yard area "A" d 1. LOCATION OF THE PROPERTY .P..V..T.....~,.~/{'.,~ ........................................................ ~..~.~ ............... Street Use District on Zoning Map ...... 3r~ ...................................... ;~ ........................ ~attituck 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.) 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. PREVIOU~ APPEAL A previous appeal ($~l~(has not) been mode 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 isrequestedforthereasonthat: We nee~ a garage to keep ouT' automobile an~ miscellanious equipment under cover. The lot slopes tward the lake making it impossible to build in the rear yard area. i=orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce practicaldifficulti~ orunneces- sary HARDSHIP b~au~ : Th lot slopes sharply from the road to the lake making it impossible to build any aceea~ory building in the rear yard area. Other ho~e~ in this neighborhood have their garages near the ~'oad so this would not be any exception 2. The hardshipcreatedis UNIQUEandisnotshared by all prope~ies alike in the immediate vicinity ofthis property andinthisuse di~rictbe~useThis is a "pie" shaped lot r~nning from the road to the water and is heavily wooded and slpoes to the water. 3. The Variance would obse~e the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT b~au~ The needed garage will be bull% on the more level part of the front yard ares with sufficient setback so as to not be a hazard to any other vehicles using the private road. Other homes in this area have similar garages so therewill not be any harm to the neighborhood. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk) Sworn to this .............. .~..8. ........................... day of ............. ..J..%~. ................... 19 69 FOR*M NO, I ·OWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ...... Approved ........................................ , 19 ........ Perr~it No ............................. Disapproved a/c ....~..~.....~...~.~........~.~.~.~ Application No ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT 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 port of this application. c. The work covered by this application may not be commenced 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 premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Deportment for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of $outhold, 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, and regulations. ( 'g o appli~nt, or name, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engi.neer, general contractor, electrician, plumber or builder. Id. E. ._C/q / TH Name of owner of premises .................................................................................................................................................... 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.: ........................................ Lot No.: ........................ ~'(- ~0~ f~-t~4~ I~ ,,~A'-~/-z-uc Stre~ and Number ................................................................................................................................. ~ ............... , ~ ~ Munici~li~ 2. Store existing use ond ~cu~ncy o'f premiss ~nd intend~use end ~cu~ncy o~ pr~os~ const~ction: ~. ~x~.~ u~. ~.~ ~u~ ........................ L....~ L~.~ .......... ~.~.~.~J.~..~ .................................. ~. ~,,~.~ ~se ~,~ ~up~,~ .................. E~.~.~ ....... .~L.~ ........ ~4.~.~.~.~ .................................... 3. Nature of work (check which applicable): New Building .................. Addition ................. Alteration Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................... 4. Estimated Cast ............ ~....~..~ Fee ~.4. c...... ................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ......................... If garage, number of cars ............................................................................................................................................ 6. If 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 .................................... Rear ................... Depth ................................Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front ................ ../.....~-. .......... Rear ............/.....2~T.. ....... Depth .......-~...~.. ! Height ...... /...-~... ...... Number_,~ _ ~-°f Stories .............. .P..~'.~. 9. Size of lot: Front ........... ./...~...O.....?~.... Rear ................................ Depth ......... ~..~.....z.~:.. ..... 10. Date of Purchase ................... ........... Name of [or~er Owner ...... ..N~..../~.....~,...~./..?.....Z~....L.-.....~. ......... ........ i re ituat' ~ ' 11. Zone or usea~srrcT nwncnpremsesa s ea ............................................................................................... 12. Does proposed construction violate any zoning law, ordinance or reflulation? ............. ~ ........................................ 13. Name of Owner at premises .~..ff.:..~..: ........................... ~aaress ............................................ ~'none r~o ..................... Nome of Architect ...................................................... Address ............................................ Phone No .................... Nome of Contractor ................................................... Address ............................................ PHone No .................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-bock dimensions from property lines. Give street and block number or descri ,tion according to deed, and show street names and indicate whether interior or corner lot, J~,'~ STATE OF NEW YORK, COUNTY OF ............................... ................................................................................................. being duly sworn, and says thai' he is the applicant (Name of individual signing application) above named. He is the ~/zt~/('/L~..~...."-' (c~ tractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to rr~ke o~d file this application; that all statements conta:ined in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swam to before me this __ --,~. ,, ~ ............. ..................... ................... ,, -~, ~ ~ /~ ..... ~.~?~-e~.~m~ ............................ ~ ................... ~ ..........................