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HomeMy WebLinkAbout1268 TOV~N OF $OUTHOLD, NEW YORK ACTION OF T~ ~N~G ROARD OF ~PE~ Appe~ No. 1268 ~ted June 26, 1969 ACTION OF T~2 ~N~ ~ OF ~ OF T~ ~O~N OF ~O~ Herbert W. & Isabel Ziegler 53 Osprey Nest Road East ~r~on, New York DATE ~.TA/~_~.. 1969 Appellant at a mecth,g oi the Zoning Board of Appeais on JuRy 31, 1969 was eansidered and the ,action indicated b~iow was /token on y~ur , ~ Request ior variance due to lack of acces~ to propeyty ( ) Request for a spec/al execption under the Zoning Ordinance iX) Request for a variance to the Zc~g Ordinance ( ) I ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a spec~l ~ception ( ) be gran~d ( ) be ~eni~ 9~su~t to Article ............................ Secti~ ........................ Subsection _....~ ............... paragraph ........................... of the ~ng Ordinance, and the decision of the Building Ir, sp~tor ( ) ~e ~versed ( ) ~ ~nfirmed became 7:30 P.M. ~.D.S.T.), upon application of Herbert W. & ,Isabel Ziegler, 53 Osprey Nest Road, East Marion, ~ew York, for a variancein accordance with the ~oning Ordinance, Article I, Section 100, Subsection 26, and Article III, Section 300, SubSection 6, for permission to locate accessory building in side yard area. Location of property: Lot % 53, Cleaves ~o/nt~ Section II, north east corner of Osprey Nest Road and Snug Harbor Road, East Marion, New York,' bounded north by Eric Koch, east byD~wn~ Estate Builders Corp., south by Osprey Nest Road, west by Snu~ Harbor Road. 2. VARIANCE. B~ resol'ution of the Board it was de'~e~ained that Ca) Strict applieat~on of the Ordinance (would) (would not) produce practical difficulties or unnec- essary hardship because SEE REVERSE ih) The ~ardddp crea/~ed (is) (is not) unique and (would) (would Dot) be sham~l by all properties alike m the immediate vicinity of this property and h~ the same use district because SEE REVERSE lc) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change $he .clmracter ,of the district bec0m~e SEE REVERSE and therefore, it was further deterngmed t/mt the requesbed variance ( ) he ~ranted ( ) be denied and that the pr~vious decisierts of blue Building Inspector ( ) be confirmed ( ) he reversed. FORM ZB4 ~ ~?~ ~V~m~Bett~ Neville, Secretary Southold Town Board of Appeals After investigation and inspection the Board finds that the applicant request~ permission to locate accessory building in side yard area. The accessory building is used to store snow plow, lawn cutter, attachments to tractor, and. other heavy gar~ening and maint- encnce eqmipment. Applica~t has a circulatory problem and has been advised at no time to become physically iver exerted~ The accessory building is located toward rear of the house 88 feet from street line to be close to th9 cellar entrance for ease of access. The property is a corner lot, which therefore creates a hardship for the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all pro~erties al/ke in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the district and will observe the spirit of the Ordinance. Therefore, it was RESOLVED'~h~t ~rbe~t W. & ~Isabel Ziegler, 53 as~rey Nest ~oad, East Marion, New York, be granted permis.sion to 16cate. accessory building ,in side yard are~, as applied for o~ pro.petty located at north east corner of Osprey Nest Road and Snug Harbor Road, East Mariqn, New York, sqb3ect to the following condition: PermSSsion is granted until such time as a residence is b~ilt on th% adjoining lot to the east and then applicant may be re~fuired to move it to the~//~//~ real yard area. &lmm 7~30 P.~<. ~.D.$.T.), ~ 8~p~ion of Herbert. Notice of Pursuant to Sect~"~. of the Town Law and the p~]~s_ of the amended Bqjlding Zo~inance of the Town of Sou%l~[~' Suffolk County~ ~Tew York, public hearings wili he held by the Zoning Board of Ai~peals of the Town of South- old, at the Town Office, Main Road, So~th01d, ~New York, on July 17, 1969 on the following appeals: 7:30 P.M. (E.D.S.T.), upon appli- cation of Herbert W. & Isabel Zieg- let, 53 Osprey Nest Road, East Mar- ion, ,New York, for a variance in ~ accordance ~with ~he Zoning Ordin- ]ance, Article I, Section 100, Subsec- ~ tion 26~ and Article III, Section 300~ ~Subsection 6, for permission to lo- cate accessory building in side yard i area. ~ocation of property: Lot No. ~ 53,: Cleaves point, S~tion I~' north east corner of Osprey ,Nest Road and ~ Snug Harbor Road, East Marion, i New York, bounded north by Eric i I~och, east by Dawn ~state Builders ]Corp., south by Osprey Nest Road, i west by Snug Harbor Road. i 7:40 P.M. (E.D.S.T.), upon appli- ! cation of John W. Lee, 251-22 Hill- side Avenue, Bellerose, New York, for approval of access to private right-of-way in accordance with the State of 2qew York Town Law, Sec- tion 260A. Location of property: private right-of-way off south side Laurel Avenue through land now or ~ormerly of Jazombeck, Mattituck,, New' York, bounded north by pri-i vate right-of-way, east by land now or fo,rmerly of Schimpf, south b~ ]Laurel Lake, west by land now or~ formerly of Jazombeck. :1 8:00 P.M. (E.D.S.T.), upon appli-.. cation of 'Walter Thrills, Inc., IViain Road, Soul, old, Alew York, fo~ al special exception in acc0rda~ce With ~he Zoning Ordinance, Article IV, Section 408, Subsection (a), for permission to erect a second on pre- raises ground sign. __L~.ation of property: s~uth side Mare Road, Southold, ~q'ew York, north by Main; Road, east by Socony, Vac~am, Pur- ~ cell, south by Chas. Turner, west by D. A. Rothman. 8:10 P.M.' (,E.D.S.T.), upon appli- cation of Daniel Smith, 640 Mech- anic Street, Southold, lqew York, ~or a special excsption in accordance] with the Zoning .Ordinance, Arhcle IK, ] Iii, Section 300 Subsection 5-A, for 1~ ~ SS: permission to convert existing [ '~' J c~telling into two (2) family dwell= ing Location of :property: west side ~;-q.4.~--- being duly Swozn, of i%Ieehanic Street, Southold, New i .................. York, bounded north by H. Wil,-?rinter and Publisher of the SUFFOLK liams, west by ,Mechanic Street South, south by L. B. Hill, west by, wspuper published ~t Greenl~rt0 in s~id Suffolk County Trust Co. Any person desiring to be heard i ~ti~, Ot which the annexed is ~a prin~ed on the above applications ,should' appear at the time and place above l~led iu the s~id Suffolk Weekly Times specified. ~)A'I~D: JUNE 12, 1969, BY OR-I, ..~...~. ............... week~ D~R OF THE SOUTHOLD BOARD OF APPEALS |Ug Oil ~__..~.~-~..~;~.. · · .~'~. · ........ TO~NltJyllI F. LAN(;TON COR\VIN %u hflk (o O fitful No. 52-0770500 LEGAL NOTICES NOTICE OF HEARING~ Ordinance of. the Town of S0uth- old, SUffolk. County, New York, public hearings v.-ill -be held by the Zo~,ing Board o£ :~.~pcals of the Town of Southo;d, at the To~s Office, Main Road, South- old, New York, on July 17, o~ the foi!oxving ~-ppeals: ~ tS0 P. ~2. (EDST), upor_ pUcation of .~er~rt W~ & Isabel Ziegler, 53 Osprey Nest Road, ~as~ Marion, New York, for a v~riancc in accordance ~'iZh tY, e. Zoning Ordinance, Article I. Sec Zion 100, 9ubsection 26. and Zi~e III, ~ctior. ~3, ~bse~io~ 6, for ~rmission ~c locate ac- cessory building in side yard ~e~. ~cation of proper~y: ~t ~{o. 53, Cleaves Po~,t', S~tion 2I, north eas~ corner o~ ~ey Ne~t P~ad and. Snug H~r ~ad, E2st Msr~on, New yor~, bounded ~o~th by Eric east by Dawn Estate Builder~' Corp., south ~ Osprey Road, west by Snug Harbor R~d. ~:40 P. M. (~ST). upon aU- pHcatio~ of Jol~ W. ~e, 251-~ HiU~de A'ven~e, Be!lero~e. New York, ~or app~'cvv6 of access private rigl~t-o2-way h~ anco wi~h the State of New York Town ]~v:~ Section 280A. Loca- Zion of pro~rty: p~v~e ~ght- of-Way~ off south side ~el. Avenue through land nOW or 2ormerly of ~a~em~ck, tuck, New York, ~our,,:l~d nc~;h ¢¥ private right-of-way, east by land r~ow or forr~,erly e~ ~c~n~p~/, south by' La,~'~;] .!_,~ke, ~xest, by lax,d :~ow or formeriy of Jf~- M~tn Road, Southold. Ney."' Yo.rk: for a special exception ir: ac- cordance .~'i~h the Zoning Ordl- nonce, ~'ticle 'iV, Sccfion 408, Subsection (a)~ for permission fo erect a secozzd or~ p~emise.~ ground siCn. Y.~)catxon of prop- eisa: south side Mali~ l~Oad,' ~01~tho!d, lq'ew 'York, north by Road, east b?,: Socony, ~out:~:;, by C!~a~. plication of iV/echanic { York: accor¢lsnce 'with the Zonin;,~ dinance, Ar;;iclc III, Scction Subsection 5-..~, for permission conver*~ existing dwellif~g in~.c two (2) l'aAn~iy d;~-~liing. Location of prope~y; wes~ side of ~c Strut, Southo!d, Now York, ~d~. norti~ by H. Wil~amm, east by 2~echai~,i. S,.y,~t ~uth by !,~ B. i~i]l, west Surfak: Count~.' '~'u~ COUNTY OF SUFFOLK I ss' STATE OF NEW-YORK ~ C. Whitney Booth, Jr., being duly sworn, soys 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 a~nnexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- man once each week for ...... .~.~.i~;:~.':~.~,¢ .... L.../~.~f. weeks successively, commencing on the ........... .//. . f,,. :' ..................... day of ~..Z~:;::;:~-.~,-,~.-~.~..>?.., 19..~.../~ / ,~qworn to before me this ......... ZZ. .... i... day of /' / ........... ...... No~ ~b~ ?,DELE PAYNE Notary Public, State el New Yo~ Residiu8 in Suffolk County No. 52-3041000 Commission Expires March 30, 1971 TOwN OF SOUTHOLD, NEW' YOP~K APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥. APPEAL NO:~ DATE .... X~2~...2.L,~;.B,, 1969. · .j ~ Isabe Ziegler ~ ~ x 4e .... .~ ......... (We) ~ez:.~..¢.. ,~.o...~.z~l.e.~...~n.d/ ...... .o~ ..................... .~3...Q~.D~.~.~..,.~...~.$...2..o..~ct Name of AppellGnt Street and Number ............. ~..~.~&.,,~!~..~..~P..~ ......................................... ~ ...........~.e,W..~.,.Q~,~ ....... HEREBY AppEAL TO Municipality State THE ZONING BOARD' O'F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. 4264 DATED A~,~zl ,~Sth, 1~69 WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ) ( ) Herbert ~, ~iegter Nome of Applicant for permit of i-,©, 3OX 545 Oreenport [~ew York ll~ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY .1. LOCATION OF THE PROPERTY ...`~/.$....q.~.r~.~..Q~.p.r.~.y...iLe.A.t..A.°.~..d....~..~.~..n..~f.g..~:...~hq~. Rd. Street Use District on Zoning Mop ......... .......................... : ................. .............. Mop 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.) Art, ~ ~etion 100 8ubsee, ~6: Art, IZI,Sec' 300,Subsec, 6 3. TYPE OF APPEAL Appeal is mode herewith for (~) A VARIANCE to the Zoning Ordin.once or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 6.2 Cons. Lows 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 ~ppeol was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X,,) ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Ordinance is ambiguous and unreasonable. Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE Would produce practicaldifficulties orunneces- sary HARDSHIP because accessory building is used to store snow plow, !arm cutter, attachments to tractor and other heavy gardening and main- tenance equipment° Applicant has a circulatory problem and has been advised, at no time, to become physically overexerted, Building is located in rear of building, 88 feet from street line~ to be close to cellar entrance for ease of access. 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 beco:use property is a corner tot~ Annexed plot plan shows distances from street and relation to existing building and adjacent property° Strict enforcement would impose x,<~,'~,c- essary and unreasonable hardship. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the variation requested ia a minor one from restrictions imposed and is substantially in ~armony w~'~h and in accord with the general purposes of the Zoning Plan~ and does not violate the basic principles requiring this type of ordinance. 4° The provisions referred to are ambiguous and,under specific facts presented,u~mreasonabte. Ail zoning ordinances should be clear and unambi~ous,and should not preclude reasonable use of property, and being restrictive in nature must be strictly construed. STATE OF NEW YORK ) ) ss COUNTY oFSuffolk ) Sworn to this 26th day of.. June 19 69 Notary Public ~ ELiZ/~,BETH /~t~ ~E¥1I_LE ltOTARY pUBLIC, State of New York Term Expires ~arcn , HERBERT W. zleGLeR ATTORNEY AT LAW GREENPORT, N. Y. 11944 Box 545 Greenport P.O. Sept. 3rd, 1969. Mr. Robert W. Gillispie, Jr. Main Road East Marion, L.I., N.Y. Re, Appeal #1268 7/26/69 Dear Mr. Gillispie~ I want to express my appreciation for the careful consideration, by the Zoning Board of Appeals, of the factors involved in the above numbered appeal, es- pecially since to the Board, it may have appeared to be a trivial matter. I am naturally pleased that thereby, sufficient merit and basis was found to grant the Variance sought, upon the condition set forth in the decision of the Board dated July 31st, 1969. HWZ/Z Sincerely,