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HomeMy WebLinkAbout1272 TOWN OF SOUTHOLD, NEW YOP,,K ACTION OF THE ZONING BOARD OF APPEAL~ ( Appeal No. 1272 Dated July 14, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Fred Walters Pine Tree Rodd & Sterling ~oad- Cutchoque_. New York DATE..~...~. 1969 Appellant at a meeting of the Zoning Board of Appeals on July 31, 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 toning Ordinance ( ) 1969 the appeal I. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted f ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:45 P.M. (E.D.S.T.), upon application of Fred Walters for a variance in accordance with the Zoning Ordinance, Axticle III, Section 300, Subsection 6 for permission to locate an accessory building in side yard area. Location of pooperty: W/S Pine Tree Road and S/S Sterling Road, Lot No. 44, Nassau Farms, Cutchogue, New York. 2. VARIANCE. By resolution of the Board it %vas determined that o (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary (b) The hardship orca%ed (is) (is not) unique and (would) (would not) be shared by aH properties alike in the immediate vicinity of this property and in the same u~e dastrict 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. FORM ZB4 '~[i~etty Nevxlle, Secretary Southold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests prrmission to build accessory building in side yard area. The subject lot % 44 is a corner lot measuring 200' on Pine Tree Road and 66.62 ' on Sterling Road which does not leave rear yard width enough to build an accessory build/ng in accordance with the requirements of the ordinance. This lot is filed on the Nassau Farms Map as approved for single and separate use. Applicant 6wns the adjoining lot % 45 and wishes to keep it as a separate without encumbrance to build another dwelling in the future. The proposed garage will be about 30 feet south of the present dwelling to give clearance from the windows of the house for light and venilation, it will also be about 60 feet off the southerly line where a neighbor has a similar garage which was built many years ago. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would,,not be shared by all properties al/kC in-theimmedi~t~ ~i6i~ity'o~ thisproperty and /n the~same 6se district; and 6he variance will not Change the character of the district and will observe the spirit of the Ordinance. Therefore, it was RESOLVED that Fred Walters be GRA~T~ permission to build accessory building in side yard area on property located at Pine Tree Road & Sterling Road, Cutchogue, New York, subject to the following condtiton: the garage be moved back so that the rear of the house and the rear of the garage are on the same line. Jkm~, pmm Immm~z&m~ tm ~m kmmm~ Em tJ~ m NO'I'CE OF HEARINGS 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, public heartng~ will be held by the Zon- ing ~oard of Appeals of the Town of Southold, at the Town Office, ~ain Ro~d, Southold, New york~ on July 31, 1969, on the foliowing appeals; '1:30 P. M. (EDST), upc~ ap- plication of Marjbry Mallory a~o. for a Yartance in aceorda~ce t~cle rr~ Section 300 Subsection 6 for pea-mission to locate an ~_,ssory building in side yard are~ Location of l~ope~y l~nn~n~'~ Ro~, New Suffolk, bounded N/ George Tutblil; E/ J. ~ne~yk and others; agpll~tion of ~red Walters for the zoning ordinance .~icle m Scet~on ~00 Subsection 6 for per- ~ of the property W/S Pine Tree Road and S/S Sterling Ra~d, Lot NO. 44~ I~assau Farms, Cutoho~e, New York, ?:~ P. M. (El)ST), upon ~].ication of H. M. D~m~-est & SOnS to renew a farm labor camp l~rmit. Location of property S/S Main Road, Orient, N. Y. Bound- ed 1~/ J. Rodden and others; F.J other lands of applicant; S/ F~eman and others. · -~.~.~ ~ person desiring to be ~ appear at the t~me and ~ted: Jtfly 17, 1969 COUNTY OF SUFFOLK SS STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-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 Traveler-Mattituck Watch- man once each week for ............ ~.~..(~ we successively, commencing on the ............. ~..././.. ................. Sworn to before me this ........ ~....~. ........ day of ............... ....... Notary Public Notice ~f Hearings r Town Law and ~e provi~io~ of the amended Buildi~ Zone Ordin- ance af the Town of Southold, Suf- folk .County, New York, ~ublic he~ings will be held by the Zon- in~ Bo~d of Appeals ~f the Town of Souihold, at the Town O~ice, Main Road, Southold, ~ew York, on July 31, 1969, on the following ap- peals: 7:30 ~.M. (E.D.S.T.), upon appli- cation of Marjol'y Mallory & ano. for a variance in accordnce wi~ the zoning ordinance Article III Section 300 Subsection 6 for permis- ~ sion to locate an accessory buildin'g in side yard area. ~cation of prop- ~ erty N/S Fanning ~oad, ,New Suf- folk, bounded N/ George Tuthill; E/ , J} Mlynerzyk and oihers; S/Fan-l n,ir~ Road; W/ A. Tonacci. 7~4~ p.M~ (E.D.S.~.), u,~on the ap- i plication of Fred Walters for a var- i lance in accordan~ with the zoning ordiaance Article III S~tion 300 Subs~fion 6 for ~is~n to lo- cate ,n: accesso~;~ in side yard area. ~c~ ~operty W/S Pine ~ee ~ ~/S Ster- ling ~ad, Lot No. 44, Nassau Farms, Cu~o~e, ~ew York. [ 7:55 P.M. (E.D.S.T.), upon app,- cation of H. M. ,Demarest & ~ns to ~cation of pro~rty S/S Main Road, O~t, ~. Y. Bonded N/ J. R~den and others; E/ other hnd ~ a~H- ]~ts. ,S/ ,Narrow River R~d; W/] ~y person desiring to ~ heard~ ;'~ ~e above a~catio~ should ap- ~ a~ the ~e a~d place speei-~ ~: July 1% 1~, BY ~ OF T~ sO~O~ TO~ COUNTY OF SUFFOLK, STATE OF NEW YORK, says that . .~.~C.. is Printer and Publisher of the SUFFOLK WEEKLY 'rIMES, a newspaper published at Greenport, in s~id countyl and thut the notic6, ,of which the ,annexed is a printed copy, has been published in the said S~ffolk Week~ Times ~nce in each week, for ........ ~?.Q~' . ........ week~ successiv,'y eommencing on the 2/~;~:'f'-~k"' ..L 7~. >%..~ ........... . ........... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ? i ~ DATE ...~..~ZY...tq'. ....... 7..969 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..... .F..~ ~.~.. j,:~. ~ ~ .~,]~ ~ ............................... of .....P. ine...Tme e...htaad..~:..S.t e~.l~,nd..~load Name of Appella.nt Street and Number ................................... .C...~..t..c..~t..o.~.u..e. .............................................. l~...v~., .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .~.],~],r.....J.):t-......~.~.D., ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( ) (X) Name of Applicant for permit Pine Tree ~: ~terlzng z~oad Cutchogue L. . Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY permit to build accessory building in side yard area 1. LOCATION OF THE PROPERTY , .zn~...~r.e.~...oz..~.t.~z.l:gng...,~o. ad. ................... ,~.....~,~s.t... Street Use District on Zoning Map ..... ltaa.~;au..~'.a.~$ ...................... 4~ .................... Map No Lot No. Cutchogue L .... 2. PROVISION ($) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectior~ and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ?ri ~ se~t~oi: 300 m~h~on 6 3 TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (St(:te of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 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 ~ppeal 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 : Lot Lib is only, 66.66 ft wide which does ( )no leave rear :'ard width enough to build an accessory building in is requested for the reason that accordance wit.~ the requirements of ,~rt III section 30C, sufsection 6 of ti~e ordinance. Form DB] (Contioue on other .side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because: The lots as filed on the Nassau Farms MaD are all approved_¢o~_ single and seperate use. I own the adjoining Lot ~r~z ~ and ~ffant to keep this as a seperate lot without encomberances to build another dwelling in the fut%~eo The proposed garage will be about 30 feet south of the present dwelling to give clearance from the windows on the house for light and ventilation~ it will also be about 60 feet off my southerly line where my neighbor has a similar garg~ewhich was build many years ago. 2. The hardship createdis UNIQUEandisnotshared by all properties alike in the immediate vicinity ofthis property end in thJs use district bec,ause o This is a long narrow corner lot on an approved filed map~ making it impossibie to comply with the ordinance. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because: The proposed garage will not change the character of the neighbor hood or harm the ares as it ~ill be similar to my neighbors~ and other properties in the vicinity that have their garages in the front yard area. STATE OF NEW YORK ) ) COUNTY OF Suffolk ) SS Signature Sworn to this .......................... 1...b¢ ................ day of .............................. ~;¢o.i.!~ ................ 19 69 Notary Public/ ELIZABETH A,N~ f~EVILLE NOTARY PUBLIC, State of New No. 52-8125850, Suffolk Coun.t¥ FOB~ NO, I Examined ... ~ ........................... , TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Approved .................. ~"~'"'"'7 ....... , 19.,~ .... Permit No .............................. [~isapproved a/¢ ....................................................... ~' ............ K.......~ .~. ~..~.,. Applicotion No ............................. (Building InspeCtor) APPLICATION FOR BUILDING PERMIT Date ............................................................. 19 ............ 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 pu. blic streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is port of th~s 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 sh~ll 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 J~AADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, 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. (Signature of'applicant, or name, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy 3. Nature of work (check which ~licable): New Building ........ ~.. ..... A~, don .................. Alterotiot .... ,,J~; ....... Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................................ 4. Esti mated Cost ."'.."~........~.. ~,¢~....(~?..(~. ................................... Fee .......................................................................................... (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 ........ ..-~..~'i .............. 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 ......... .~L_....¢~. ......... Depth ...... .~:,..~.....~ .... Height .................... Number of Stories ........ ~.. ..................................................................................................... 9. Size of lot: Front ......¢~.....O....c:?....~.... Rear ........ .~.....~?...(?...:. .......... Depth .......... ~..~..r...,~...i..~':~ 10. Date of Purchase ............./...~..~...~. ............................ Name of Former Owner .~..~.~'~..~......~...'.~..~...~..~.~'..~'7.. ...... 1 I. Zone or use district in which premises are situated ......... ~.~..f...(../.....'~:~...~.&.~..../~ ............................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ........................................................... N o../~..~..~. :. ~. ~. ~ 13. Name of Owner of premises ../?~..~.......~...~../.~..~.....Address ............. Phone Name of Architect ...................................................... Address ............................................ Phone No ..................... Name of Contractor ..~,'i..~:~..~(:......~...z?//.o.~,4..~.~:..X....Address ......~....wff....~'..~...../¢.....~.~.....~....~.. ...... Phone No ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEWt'~I~RJ~,, D~ ,_ ., ............................... ~......~..~ ........ .v...¥..~ .......... being duly sworn, deposes and says that he is the applicant (Name of individual signing application) above named. He is the ......................... ~ ................................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed/~kthe manner set forth in the application filed therewith. Swam to before me this L\ ,m ,- __ ............... .c.:.. oyof .......... ......... · . ........ ~....::-..: ................................. ~J J~]TAR¥ PUBLIC. State of New York ~ J~o. 52-8L25850, Suffolk County ~ ~pi[es March 30. 1~