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HomeMy WebLinkAbout1296 TOWN OF SOUTHOLD, NEW YORK DATE~I~ 13,1969 ACTION OF THE ZON~G BOARD OF APPEALS Appeal No. 1296 Dated October 22, 1969 ACTION OF THE ZONING BOARD oF APPEALS OF THE TOV~N OP SOUTHOLD To M~* & ~Mrs. Russell TUthill New. Suffolk Aveaue ' Matti~UCk; 'New Y6rk at a meeting ofth~ Zoufiag Board 6f ApSe-als on November 13, 1969 was considered and the action indicated below was taken on your ( . ) Request fer variance due ~o lack of access to proPertY ( ): Request for a special exception under_the Zoning_Ordinance ( X} Request for a vaeiance to the Zoning Ordinance Appellant the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( , ) be denied pursuant to Axticle ........... v ....... Section .................... Su~b~sec~tion ~..~ ................. paragraph .................... of the Zoning Ordinance and the decision of the Build'rog -InSpector ~( ) be reversed _( ) be confirmed beeanse ?:40 P.M, -{E,s.T~·), upon ~ppltcation oi:~Ar. &: MrS~ Russell Tuthill,-~ew Suffo,lk~Avenue, Mattituck~ New :York, for a variance in accor4mnce with the Zoning Ordinance, Article III, Section ~03,-: an~ ArtiCle:B, ~t~[on to00A, for permiS~ion ~o set off lots with insufficient frontage. Location of property:-.nOrth side of Center Street, Mattituck, New York, bounded north by other land of applicant, east by A. BuO~anitO:& others, south by Center Street, west by Wllshusen & others. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical 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 (would) change the character of the district because (would not) SEE REVERSE 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. SEE REVERSE APPROVED / ZO~NING BOARD OF APPEALS After investigation and ins~ection the Board finds that the applicant requests ~ermission to set off lots with insufficient frontage. The applicant originally' purchased the, ~roper%'y as 4 lots 19 years ago. The Board finds that the appii~ant has no way of increasing the frontage on these 1-~ts unde~ Consideration. Both of these lots have substantially more than the minimum area required by the Ordina~e. 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 pro~ertyand in the same use district~ and the variance will not change the character of the district and will observe the spirit of the Ordinance. THEREFORE, ~TWAS RESOLVED Mr. & Mrs. Russell Tuthill, New Suffolk Avenue, Mattituck, be GRANTED ~ermission to Set off lots w~th insufficient, frontage as app~e~ fo~ 9n. property located on north si.de of Center Street, Mattituck, New York., '~V0te of the Board~, Ayes=- Messrs=, Gllt~s~ie, Ber~en~ Huise, Do~en- Avemto, Ir~otwood C~ ~ Iio. 1363, ~ IJo. *o X~, 14, ~S. G~e~-NPOR'r0 N. Y., FI~DAY, NOV'~.MB~R 7, ~1969, LEGAL NOTICE : Notice of Hearings' Pursuaat to Section 267' of the Town Law and the provisions of the amended Building Zone Ordin- ance of the Town of Southold, Suf- folk County, New York, p~tblic hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on ,November 13, 1969 on the following appeals: 7:30 P.M. (E.S.T.), upon applica~ tion of Lefferts P. Edson, Executor of the Estate of Kaspara E. Mulder, 51755 Main Road, Southold, New York, for a variance in accordance w£~h the Zoning Ordinance, Article III, Section 303, and Article X, Sec- ,Ii, for a variance in accordance with the Zdning Ordinance, Article III, Section 300, Subsection 6, for per- mission to locate private detached garage in sideyard araa. Location of property: north side ei Fannin~ Road, Ne~v Suffolk, New York bounded north by George Tuthilll east ,by J. Mlynerzyk & othersl south by Fanning Road, west by A Tormcci. 8:45 P~VI. (E.S.T.), upon a~oplica- tion of James Kavanagh D/B/A ,Crescent Beach Motel, Route 25, Greenport, New York, for a special exception in accordance with the Zoding Ordinance, Article III, Sec- tion 300, Subsec$ion 10, for permis- sion to r~-locate existing off-pre- raises directional sign on ~0roperty of Er£dl PupeckL Location of prop- tion 1000A, for permission to set off err ' uth side of orth Rea B lots with insufficient area. Lecation 2.7~Y' ~°e~nic Ne~Nyork ~dou(n~e~ of ~roperty' southeast corner of/ · ".- Fleets Neck Road and Stillwat~r ~h 1263 t ' 1 waxle , Lo No.s 3, 14 & !5, Cutcb.-t 9'00 P~M (E.~;.T.) a rehearing on ogue New York · I-- ' -- ' ^~ . 7:40 P.,M. (E~.T.), upon appl/ca-[of Harry and Evelyn Mearns, Route tion of Mr. and Mrs. Russell 2'5, Orient, New York~ far a/~proval of access to private ro~I in accord- i~ew Suffolk ,Avenue, · ~'/ew Yo~k, for a variance in lance with the Zonh~ Ordinance, I A_,'tiele I,H, Section ~03, and A. rticie iX, Section 1000A, for permiSSiOn to ~ sot off lots ~i~th insufficient ~ronta~e~ ~, I.,ocation of p~opert~: north side i Center Street, Mattituck, New York, ! ~ north by ~"e !~'~ ~ ers, south by Center Street, west by i Wil~n & ~the~ ~:$9 P.M. (~-.S,T.), upon ti~ o~ Helmut Hess, Beverly Hemal. South~ld, New York, for a ex~.io~ i~ ~ with the miasion to r~pair ~ existh~ no~-co~!=,g b~ excess of vah~. L~eatinn et prov- ed ao~th by North Ro~ auce with the State of New York Tciwn Law, Section 2a0A. Location of vroperty: privata ri~kt-of-way Off north side of Rc~h~ ZS, Orie~t~ ~ew York, bounded north by land o~ aZ~l)l/cant, east hy Deidri~k~ sout~ u:~ Hess, west h~ ?r~wn. ti~ o£ Richard Na~,, N~Z~vv~ River ~ad, (~ient, New York,, f~ a v~ri- ante ia accordance with the Ordinance, A~ticle IIX,~ ~ir~. 363. ~ Article X, Seot. ir~; 1~ ~ermission to divide lot ~ t~ i00 ft. frontage. L~cati~ o~' p~ert~: west side o~ H~rb~ Boa_d, Orient, N~r York, ,helm nm*th by land of Nelson Dougla~ ,~ ~ by Harbor Road,, [9~ l~rold Dadson, we5[ ~ AuS' person desiring to be heard by lam:~ of ~ ~ ~ ~ w~ ~,~ at the ~e ~d place ~ci- t~ ~ ~ ~ ~ ~[ O~ER OF T~ SOU~OLD ~. P~, N~ Y~ for ~[ TO~ ~OA~ OF APPEA~ ~west ~e east ~de o[ Peconk ~,, ~, New Y~ L.L~ east by C~L Av~,. s~th hy ~n~ay, ~ith. & oth~. in a~o~e ~name,. ~de HI, ~tion. 303, and mi~io~ cient ~on~e. erty: ~u~ ~de of ~d by So~d Aw~,~ e~ by W~. ~ ' by ~m~ ~.. 1 ~ ss: J ~-~ being duly Sworn, ~rinter and Publisher of the SUFFOLII iwspaper published ~t Greenport, in said rotic~, of which the annexed is a printed .hed in the zaid Suffolk WeeklY/ Times r ......... .~ ........ week~ ~ing on the . .~J~.~?.'.~ .......... [his . ~. ~ ...... ~ ..~..... 19.~..~?.. f ,~.;~.~ ........[~ [~,~.k.,~.,..!: ..... ~ .............. NOTICE OF HEARL~qGS Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, pub-, Ifc hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on November 13, 1969 on the following appeals: 7:30 P. M. (EST), upon appli- cation of Lefferts P. Edson, Exe- cutor of the Estate of Kaspara E. Mulder, 51755 Main Road, Southold, New York, for a var/- ance in accordance with the Zoning Ordinance, Article III, Section aR, and Article X, Sec- tion 1O00A, for permission to set off lots with insufficient area. ~ocation of property: southeast corner of Fleets Neck Road and Stillwater Avenue, Fleetwood Cove Map No. 1263, Lot No.!s 13, 14, & 15, Cutchogue, New York. 7:40 P. M. (EST), upon appli- cation of Mr. & Mrs. Russell Tuthill, New Suffolk Avenue, ¢Vfattitack" New York, for a vari- ance in accordance with the Zon- ing Ordinance, Article III, Sec- tion 303, and Article X, Section 19O0A, for permission to set off lots with insufficient frontage. Location of property: north side of Center Street, Mattituck, New York, bounded north by other land of applicant, east by A. Buonanito & others, south by Center~ Street, west b~ Wilshusen ~ others. 7:50 P. M. (EST), upon appli- cation of Belmut Bass, Beverly Road, Southold, New York, for a special exception in accord- ance with the Zoding Ordinance, Article X, Section 1007, Subset- section (e), for .permission to repair and re-construct existing n~n-corfforming bdilding in ex- cess of vaine. Location of prop- erty: south side of North Road (C R 27), Peconic, New York, bounded north by North Road (C R 27), cast by land of Itub- bard, south by lands of the County of Suffolk, west by other lands of the applicant. 8:00 P. M. tEST), upon appli- cation of Hemy J.,Smith, Robin- son Road, Peconic, New York, 8:15 P. M. (ESTh upon appli-i catibn of Irene Ford, Sound Ave- nue, Mattituck" New York, for a variance in ac~ ace ,with the Zoning Ordinar= , Article III, Section 303, and Article X, Sec- tion 1000A, for permission to set off lots with insufficient front- age. Location of property: south side of Sound Avenue, Mattituck New York, bounded north by J · Sound Avenue, east by Walter L. 2aUNTY OF SUFFOLK ~ iTATE OF NEW YORKi ss: in accordance with the Zoning Ordinance, Article ~III, Section 300, Subsection 6, for permission to locate private detached garage in sideyard area. Location of )roperty: north side of Fannint Road, New Suffolk, New York bounded north by George Tuth~l] east by J. Mlynerzyk & other~ the notice of which the annexed is a printed copy, has been ~ubtished in said Long Island Troveler-Mottituck Watch- nor, once each week for ....... ~.'.,.~?2,~....~..Z.,./. week~ successivel% commencin~ on the .................... ~. ............... South by Fanning Road, west by: day of .......... 8:45 P. M. (EST), u~n appli- cation of James Kavanagh for a special exception ~ accord-, ance ~th ~he Zo~g Or~ance, ~ tion 10, for ~rmsion to re-~ locate existir~ off-premises di- rectional aign on property of Emil Pupecki. Location of prop- erty: south side of North Road! (C R 27), Peconic, New York,[ bounded north by North Road (C R 27), east by Mary Turner, south by Sidney Waxler, west by Peconic Lane. 9:00 P. M. (EST), a rehearing on Appeal No. 1292; upon appli- cation of Haia~ and Evelyn Moarns, Route 25, Orient, New Yark" for approval of access to private road in accordance with the State of ~ew York Town Law, Section 2~A. Location of preper~y: private right-of-way off north side of Route 25, Orient, New York, bounded north by land of applicant, east by Deid- rick, south by Hess, west by Brown & others. 9:15 P. M. (EST), upon appli- cation of Richard Nagy, Narrow River Road, Orient, New York" for a variance in accordance with the Zoning Ordinance, Article ~rI, Section 303, and Article X, Section I(~0A, for permiasion to divide lot with less than 1~0 ft~ frontage. Location of property: west side of Harbor Road, Orient, New York. bounded north by land of Nelson Douglass Estate, east by Harbor Road, south by Harold Dodson, west by Orient for approval of access over prt-iBay. vale right-of-way in accordance I Any person desiring to be with the State of New York t heard on the above applications Town Law, Section 280A. Loca- /should appear at the time and lion of property: west side afl. place spemfled.'' carroll Avenue, and east side of DA'r~' OCTOBER 28, 1969 Peconic Lane, Peconic, NewI BY ORDER OF THE York, bounded north by L.I.R.R.,] SOUTI~OLD TOWN Sworn to before me this ...... ./..g~ ........... day of ...... ...~..~.-.~.~..: .......... , 19../~::~~ Notary Public Wilhams, south by Railroad, wes. C. Whitney Booth, Jr., being duly sworn, says by Agway Inc. ] 8:30 P. ~I. IEST), a rehearingjlhot he is the Editor, of THE LONG ISLAND on Appeal No 1273; upon appli-[ cation of Rici~ard and Marjory TRAVELER - MA'I-FITUCK WATCHMAN, a public news- ~anory, farming Road, New ~aper printed at Southold, in Suffolk County; and that Sugolk" New York, for a variance I~OP, M '~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OTICE OF DISAPPROVAL File No ................................................................ Date ................ ,0.~.~.O...b.~.~.......~? ................. 19 ........ 69 To Er ~ iqrs ~[ussell Tutbill ....... ~.~ ~....o~.~,;h lli.. ^~.V~ .................................... PLEASE TAKE NOTICE that your application dated .................... for permit to (~:x.....~±.~J.de...1.ol.s ...... at the pr~mises located at ....[N~5.....C. en.lelz..St ......................................................................... Street hat~ituck I~i.l . Map ........ .~..x..~ .......................... Block ........ ~.x.. .................... Lot .............~ .............................. is X,~~~ disapproved on the followin? ground~ .....:~a,-.~,~.4.L.c.x~Y~.[...~;e.~2.t.a~e ..... o~...~.l.l;~.~r...l.o.t.., a~ [[.~I...s~.¢...~53.. ~...ar.t...X...ae.c...tGO([~ TOWN OF SOUTHOLD, NEW YORK I APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /~q~ DATE 0ct. 22 1969 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Mr& Mrs Russell Tuthill , N~w Suffolk Ave 1, (We) .................................................................. or ............................................................................ Name of Appellant Street and Number · Mattituck N .~. ....... : ................................................................................................................. HEREBY APPEAL TO MunicilSolity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED 0ct 22 1969 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of New .. ~ ..u?..,.f..o....l~......A...v..e..,...M..a.t...t..i.,t...u..c...k.......N......Y.... ............................................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY permit to set off lot with less than 1OO ft frontage. N/.S Center St,& S/..S Bun alow ~a "A" dj st 1. LOCATION OF THE PROPERTY ....................... : ................................ $ ....................................... .- Street Use District on Zoning Map Map No. Lot No. Mattituck N.~. 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,nonce.) Art III section _10_1 & Art X see. 1OOOA 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 mode with respect to this decision of the Building Inspector or with respect to this property. Such oppea~ was ( ) request for o special permit ( ) request for o variance and was mode in Appeal No ................................. Dated ...................................................................... ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,srequestedforthereasonthat: This peoperty has been in one ownership for about 19 years, The pro~osed division is the best possible under the existing conditions. Each lot will have sufficient area but it is impossible to make 100 foot frontage with the two southerly lots. Form z~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIPbecause The propervy has been ~_~eia _ok about 19 ~'~ ~'as is~ - long prior to the zoning ordinance- Other land on each side has be~~=, sold. a~_~ home~ buz_b so ~ lot ca~:qot be enlarged, ~he ~ ~ zo~J.z ~ro~0osec~ lots each have ~ ~'~" ~-~ but the t~ facing center st~.~:?et will only ha~e 8[ ft frontage on the streett and here ~s no -,-~ ~,a~, to increase the size or one .... ~ ~nem whic~ 'were built Other lots in this ~icmnz~ have homes on .... prior to the zoning ordinance az~d t~y have less than t00 z,~ov frontage~ 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 : ~nmS is the last ~aaamt property of this size in this area~ the proposed layout is the best and most uzziform that can be made o£ this 'p~opertyo 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because~ ~he lots will each have sufficient area to~.',~e~ ~oning re~u~.rement~ aha it is ?~'~-,~ed.~ . to build only one o~ers ~ neighborhood za~ml~ homes on each lot ~ similar to all in t~= STATE OF NEW YORK COUNTY OF SS Signature Sworn to this ................. g2n~ ................... ;day of .................... Gc.toba~ .................... 19 69 Notary Public / NOTARY PUbLiC, State cf Ee?z Yo~'k No. 52-8125850, Suffoik %,'n~-y Term Expires r~arch 30, zg~ ? ?