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Home My WebLink About1325 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1325 Dated March 17, 1970 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Clarence Powell a/c Robert Melrose Robinson Road Robinson Road Greenport, New' York Greenport, New York DATE~q~.~....~.S 1970 Appellant at a meeting of the Zoning Bohrd of Appeals on April 2, 1970 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 ( ) 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 8:35 P.M. ,(E.S.T. ), upon application of Cla~ce Powell, Robinson Road, Greenport, New York a/c Robert Melroses Robinson Road, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article ,~II, SeCtion 305, for permission to build new one family dwelling with reduced front yard setback. . Location of property: south side of Ribinson Road, Greenport, New York, bounded north by Robinson Road, east by Stuart Dorman, south by Sterling Creek, west by Clarence Powell. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (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 SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ) be denied and FORM ZB4 APPROVED ~ ~ ~ ZONING BOARD OF APPEALS ~~~[[~-S outt= -' ~~Sou hYo~V~lowl~' BSo~eot~rAyppeals After investigation and inspection the Board finds that the applicant requests permission to build new one family dwelling with reduced front yard setback. The applicant is the owner of a lot on Sterling Creek with 104 ft. depth, it wo~uld be impossible to meet the average ~etback and build a' house in keeping with the character of the neighborhood. The Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulaties 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 will not change the character of the neighborhoed and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Clarence Powell, Robinson Road, Gre~ort, New york a/c Robert, Mgl~o~, ~o~inson Road, Greenport, New ~ork, be GRANTED permission tg build new, one fami!y.dwe~ling with reduced front yard setback, as applie~ for on prpperty located at south side gf Robinson Rgad, Greenpor~,New York. yore of the, Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. S:O0 P~ (~oS.T.) u~on appli~atic~ of ~,~ttitu~k ~nlet e~st by S. Koroiesk! & o~r~ sout~ b>- ~e Bay~ west E. L~. should appear a~ ~e t~%e and place DASD: ~A~CH 12. i970~ ~Y fi~DE~ OF T~ SODT}IOLD PLF~%SE PU~LIS~ OUCE~ MARCH 2~. 1970. ~ F~A~/) ~.~%-i~ COPIES m~iled te th~ following om ~v~rch 24. 1970~ ~T~e Long Island Tra~eler~Mattituck watchman ~he Suffolk Weekly Tir~ David Ellaza= Claren=e P~Wa!! a/c Robert Melrose HE SUFFOLK TIMES LEGAL NC)TlC E LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the 'own Law and the provisions of he amended Building Zone ~rdinance of the Town of ~oathold, Suffolk County, New York, public hearings will be held ~ the Zoning Board of Appeals of the Town of Southold, at the Town ' Office, Main Road, Southold, New York, on April 2, 1970 on the following appeals: 7:30 P.M. (E.S.T.) upon ap- plication of Henry Mazzaferro, Sr., 421 Front Street, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 10~0A, for permission to divide property and set off lot with less than 100 ft. frontage. Location of property: north side of Custer Avenue, Southold, New York, bounded north by J. Lowe-J.W. Wilkinson, east by Robert Wilkinson, south by Custer Avenue, west by Chas. Gagen. 7:45 P.M.(E.S.T.) upon ap- plication of David Eliazar, 1788 Roland Avenue, Wantagh, New York, for a special exception in accordance with the Zoning OrdinanCe, Article IV, Section 40~, Subseetioa (b), for per- mission to er~et an off premises directional sign oa property of Malcolm P. Rackett]~.ocation of - property: corner of Main Street and Champlin Place, Grecnport, New York, bounded north by M.F. Straussner, east by C. Cisterino, south by Champlin Place, west by Main Street. 8:00 P.M. (E.S.T.) upon ap- plication of Mattituck Inlet Marina & Shipyard, Inc., Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Sub- section 10, for perrni~ion to erect an off premises directional sign on property of Walter Gatz. - Location of property: north side of Sound Avenue, Mattituck, New York, bounded north by J. Wierbecke, east b~, Bergen Avenue, south by Sound Avenue, west by J. Koroleski. 8:10 P.M. tE.S.T.) upon ap- plication of Matti~uck Inlet Marina & Shipyard, Inc., Mill Road, Mattituck, New York, for a special excePtion in accordance with the Zonging Ordinance, Article IV, Section 40~, Sub-' section ia), for permission to erect an off premises directional LEGAL NOTICE sign. Location of property: north side of Main Road, Laurel, New York, bounded north by L.I.R.R. east by J. O'Connell-Kersnowski, south by Main 'Road, west by Matson. 8:25 P.M. (E.S.T.) upon ap- plication of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 1000A, for permission to renew a farm labor camp permit granted April 24, 1969. Location of property: south side of Main Road, Orient, New York, bounded north by Main Road, east by S. Koroleski & others, south by the Bay, west by E. Latham. 8:35 P.M. (E.S.T.) upon ap- plication of Clarence Powell, Robinson Road, Greenport, New York a .,' c Robert Melrose, Robinson Road, Greenport, New York, for a variance in ac- cordance with the Zoning Or-] dinance, Article Ill, Section 305, I for permission to build new one [ family dwelling with reduced[ front yard setback. Location of property: south side of Rob nson ~ 2age 23 LEGAL NOTICE Road, Gceenport, New York, bounded north by Robinson Road, east by Stuart Dorman, south by Sterling Creek, west by Clarence Powell. : Any pomou de!iiring tobe heard on the above applications should appear at the time and place specified. DATED: MARCH 12, 1970, BY ORDER OFTHE SOUTHOLD TOWN BOARD OF APPEALS . being duly Sworn, ;r of the SUFFOLK ~ Greenport, in said mnexed is a printed !folk Weekly Times i week, for ........ .~..~. :.~ ............ weeka commencin9 on tho .. ~, .~;~i :.: -. ~: ,.~...~.~. ~. ~ , ~ '~ ' ~ -. ..... J ..... ~.~.'i;i..: .~ ............ ~e me this .,~.~-.~...l ........... .......... Legal Notice NOTICE OF HEARINGS Pursuant to Section 26'~ of the Town Law and the provisions of the amended Budding Zone Or- dinance of the Town of Southold, Suffolk County, New York, public hearin~ will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Squthold, Hew York, on April 2, 19~0 on the f~llowing appeals: cation of Henry Mazzaferro, St, 421 Pront Street, Greenport, New York, for a variance in accerd- once with the Zoning Ordinance, Article III, Seation 303, and Arttole X, Section 1000A, for permission to divide property and set off lot with less than 100 it. frontage. Location of property: north side of Custer Avenue, Southold, New York, bounded north by J. Lowe-J. W. Wilkin- son, east by Robert Wilkinson, south by Custer Avenpe, west by ?:45 P. M. (EST), upon appli- cation of David Eliazar, 1~88 Roland Avenue, Wantagh, New York, Jar a special exception in accordance with the Zoning Or~ Subsection ih), for permission to erect an off premises directional sign on property of Malcolm P Rackett. Location of property: corner of Main Sta~et and Cham- plin Place, (~rcenpert, New York, bounded north by M. P. Strauss- ncr, east by C. Olsterino, south by Champlin Place, west b~ Main Street. 8:00 P. M. (EST), upon appli- cation of Mattituck Inlet Marina & Shipyard, Inc., Mill Road, Mattituck, New Yo~k, far a spe- cial exception in accordance with the Zoning Ordinance, Article III, Seotion 300, Subsection 10, for permisalon to erect an off premises directional sign on property of Walter Gaiz. Leea~ · tion of property: north side o£ Sound Aventle, Matt/tuck, New York, botmded north by J. Wier- becke, east by Bergen Avenue, south by Sound Avenue, west by J. Koroleski. 8;10 P. M. (EST), upon appli- cation of Mattituck Lnlet Marina & Shipyard, Inc., Mill Road Matt/tuck, New York, ior a spe~ cial except/an in accordance ,with the Zoning ~ Ordinance, Article IV, Section 408, Subsection (a), for permission to erect un off premise~ directional ~ Loca- tion of property: north side of Main Road, Laurel, l~lew York, bounded north by ~. I. R. R, east by J. O'Connell-Ker~now* ski, south by Main Road, west by Matson. 8:25 P. M. (EST), upon appli- cat/on of Lloyd Terry, Main Road, Orient, New York, /or ~ special exception in accordance with the Zoning Ordinance, Ar- t/cie X, Section 1000A, for per- miseion to renew a farm labor camp permit granted April 24, 1969. Location of properi~': south side of Main Road, Orient, New York, bounded north by Main Road, east by S. Koroleski & others, south by the Bay, west by 8:35 P. M. (EST), upen apph- cation of Clarence Powell, Robin- son Road, (3~reenpert, New York a/c Robert Melrose, Robinson Road, Greenpert, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Sect/on 305, for permission to buiM new one family dwelling with reduced front yard setback. Location of proprrty: south side of Robinson Road, Greenpert, New York, bounded north by Robinson Road, east by Stuart Dorman, south by Sterling Creek, west by Clarence PowelL Any person desirin4~ to be heard on the above appllcation~ should appear at the time and place speei/led. BY ORDEP~ OP THE SOUTHOLD TOWN 1T~3-26 COUNTY OF SUFFOLK STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, says that i~e is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that tke notice o~ which the annexed is a printed copy, has been published in said Long Island Zmveler-Mattituck Watch- man once eech week for ........... .~..~: .... week~ successively, commencing on the ..............,;~....,.a ................. day .......... Sworn to before me this ........ ~.../... ......day of ........... ........... .............. Notary Public /~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OT~'CE OF DISAPPROVAL File No .................................................................. Date .................. .............................. ~arch . ................. 1 7 19...~...0. To ,~,%:%~,~Z..~....P.~.w.~ll...&/..g...2~aher..~..~ielro se ................. Gr.e~n.p~..t ~? v PLEASE TAKE NOTICE that your ,application dated ................ .l~..~.c..~. ....... .1..~. ........ 19..~.0.. for permit to construct ..... c~%te, iiing ............... at thc premises located at ......... ~./.S......~..o..b.,~.~.~..on ........ ~aa~i ..................................... ~ ................. Street G-~ee~po~t ~ ~.Y. Map ....XZ~X ............................... Block .................... .Y.~ .............. ]Lot ................... ~.~.. ....................... is ~¢t~_r~f~c~hcm~ disapproved on the followin~ grounds ........... ...r~aea~.ot..m_e.~...~¢er~,~e ..... e,us~¢..~.s.~ab.!,~snad...oz~..,th~s..s.tr.¢.~.~ .......................... ................ I..i.i....s...e. ....................................................................................................... Building Inspector FOR~ NO. 1 TOWN OF SGUTHOLD BUILDING DEPARTMENT TOWN CLE~.K'$ OFFICE $OUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ............................. Disapproved a/c .............................................................................................. Application No ............................. (Building inspector) Date ..... (. t.~.~7~ ........... ~... ?. ......................... , 19...~ .... 1NSTRUCTtONS 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 part of this application. c. The work covered by this application may not be commenced before ~ssuence of Building Permit. d. Upon approval of this appiication, the Building ~nspector witl 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 Jn part for any purpose whatever until a Certificate of Occupancy shah have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Buiiding Zone Ordinance of the Town of Southold, Suffolk County, X~ew York,~dnd 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 compiy-~rith-aI[ applicable lows, ordinances, building code, housing code, and regulations. (Signature of applicant, or name, if a corporation) (Address of applicant)~ / State whether applicant ~s owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .......... ~.~L:.~..~:?.~.~.~ ...................................................................................................................................................................... Name of owner of premises ....":?..t.~.':./.¢ ......... .9;~:~'['~-~ .............................................. If applicant is a corporate, signature of duty authorized officer. (Name and title of co .rporate officer) Location of land on which proposed work wilI be done. Map No.: ........................................ Lot No.: ........................ Mu~ci~lity State existing use and occupancy of premises and intended use and occupancy of proposed construction: ..~, . ~...... ]0. 12. 13. property lines. Give street and block number or description whether interior or corner lot. Nature of work (check which applicaL New Building ~' Addition ..... ~ ........ Altera,tion ~' · Repair .................. ~emoval .................. Demol ~on .................. Other Work (Describe) Estimated Cost .......... ~i~..~...~.f/..~ .............................. i,Fee ................. , .~....~.,q...q ............................................................ (to be paid on filing this application) If dwelling~ number of dwelling units ..... ,~...~,,.~, ............... Number of dwelling units on each floor .... .Q.t~(.~i, .............. If garage, number of cars .........~.T~.O ........................................................................................................................... If business, commercial or mixed occupancy, specify nature and: extent of each t~/pe of use ..... :.,'~. ................... 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 Dimensions of entire new construction: Front ........ .?.~.. ....................... Rear, ...... .~..~ ............... Depth ......~.~, ............. Height .o.?,..~. .......... Number of Stories ......... fi,L;~. .......................... ; ......................................................................... Size of lot: Front .... ./..O.~. ................. Rear ........... ~.:,¢~e .................. Depth ............................... /~¢~ Date of Purchase ........ ~,.~..¢..~.. ................................... N,a,me of Former Owner .O.,.¢.~.Z.~.. .........O..~..~_/..~ ................. Zone or use district in which premises are situated .......... ~.~..~.,~,~.~.-~..~.~..'~..~. .......................................................... Does proposed construction violate any zoning law, ordinance or reguIation? ............................................................ Name of Owner of premises .... ~..~.~..Address '~ ........... ................ ........... hone No. Name of Architect ,~ ...... ..?~.~ ............... Address .................. Phone No~.~.:~ Name of Contractor ~' ~ ~ Address ................................................................... ... Pho. e No PLOT DIAGRAM Locate dearly and distinctly all buildings, whether existing or proposed, and indicate ail set-back dimensions from according to deed, and show street names and indicate t STATE OF NEW YORK, t c ¢ COUNTY OF ................................ ~ .... ............ ~....~ ....... ,.~.~ ............................ being duly' sworn, deposes and says thee he is the app icant (Name of individual signing appfication) 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 m~::ke a,nd 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 ~n the manner set forth in the application' filed therewith. . Swornj~to before d~me th[Sol ~.~ .... ~ ...... ,...r.- ..... ....... No. 52-8125850, Suffolk T~rm Expires ~areh 30, _~/z/7~ TOWN OF SOUTHOi. D, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /~.~ '~ DATE ......... ~h....3.7 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~ ~ · ~ ~' ~- ~k Robinson Rd I, (We) C~._e~.e,..~e3~l..~/.C,.Ro~en~..~elz:~.s~ ......................................... : ....................... Name of Appella,nt Street and Number Green:port t'~ .Y. . ....................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .........~.%.%~.2.. ....... .t..'z ....... j.~7....O.... WHEREBY THE BUILDING INSPECTOR DENIED TO 970 ( ) ( ) ~:) ....... CLa r. er~, a e.. :~,i ..... Piawa~_..k/.C...t~ba]z£...He iro s e Name of AppliCant for permit of ............ .z. ko..~. :k~ ~ .O.p.,.. ~ .o..~ .q ....... 2.~.~., .klD.o...z: ~. ........................................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ~t~d- ermzc, to build dwelling 1. LOCATION OF THE PROPERTY -,,O.n~SOZ! ~a.~ ................................... ?.....~,~-.$.~ ............... Street Use District on Zoning Map Map No. Lot No. Greenport NoY. 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 (X) 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 appealS(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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that : The lot is not as deep as a~joining lots so C~.mo~m~ .... estabzzs..ea average setback Form ZB1 (Continue on other side) :¸2 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIPbecause = These lots on Robinson Road were laid out prior to the zoning ordinance and vary in depth so it is impossible to meet the average setback on this side of the street~ The proposed setback of 36 feet is necessary to get a rear yard for the d~e!!ing~ 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: Other lots on this ~tae of the street are deeper and dv;ellings built with much more setback, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because: This is a smaZl residential development fronting on Ster!~g creek~ having one far,~i!y~..ezf~:gs%z ~'- ~'-~ ~ouzit' ~uite_ _ecenoiy~ with the exception of the o?iginal house with the largest setback, The proposed one Samily 5a~eiling will be in keeping with the other existing dweilin, gs~ and %citl not harm or cabmge the charicter of this area. STATE OF NEW YORK ) ) COUNTY OF Su.;~f. ol~ ) ss Sworn to this ....... : ............. Z ....................... day of ..................... ?.JA~.9:~ ....................... 19 ~0 Notary Public / ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York No. 52-8125850, Suffolk County Term Expires March 20, 19~