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HomeMy WebLinkAbout1329 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1329 Dated April 13, ACTION OF THE ZONING BO/kRD OF APPEALS OF THE TOWN OF SOUTHOLD To Douglas M. Robertson 455 North View Drive, Brown, s Hill Estate~ Orient, New York 1970 DATE .,.[W~...~.# 1970 Appellant at a meeting of'the Zoning Board of Appeals on M~y 14, 1970 was considered and th~ action indicated below was taken on your ( ) Request for variance due in 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 mad the decision of the Building Inspector ,( ) be reversed ( ) be conf~med b~a~e 8:15 P.M. ,(E.D, 8.T~ ) ~ upon application o~ Dougla~ M. Robertson, 455 North View Drive, Brown's Hill Estates, Orient, New York, for a variance in accord~ce with the Zoning Ordinance, Article IIX, Section 303, and Article X, Sec~cion 1000A, for pormission to build new one family dwelling with insufficient area. Location of property:, South side of South View ]~rive, Orient, New York, bounded north by South View Drive, east by J.S. Johnson, south by J,. Droskoski, west by F. Bondarchuck. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be con/irmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS Betty Nevillee Secretary Southold Town Board of Appeals After inves%'igation and inspection the Board finds t_ha t the applicant requests permission to build new one family dwelling with insufficient area. This subdivision was originally set up in 1946 and extended in 1959 at which tin%e it was' required ~o accept a 50ft. road width to extend an existing 33ft. r~oad and the extra width of 17ft. had to be taken off this lot. The topography of' the adjacent land ma~e it impractical to locate the road differently. The Board is in agreement with the reasoning of 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 properties al/ke in the inunediate 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 Douglas M. Robertson, 455 North V&ew. Drive~ B~OWn'.S. Hill Esta%e,s~ 9r~e~, ~wYork, be GRANTED per4uission ~o build new~ o~e.famil~ dwelling with insuf~icient are~ as applied foron property located at south .side o~ Sou~h View Drive, Orient, New York. ~ot~.of th~ Board: ~yes~-Messrs: Gillispiel, Bergen,. Grigonis, Hulse~ Doyen. -2- ~dln~, ~1c1~ ~lld n~ one f~ll~ ~.;~Xiing ~Xth 5out~Xd, ~*; York, ~un~d no~h P.M. (E.D.S.T.), u~on a~XXcatX~n Of Douglu~ 455 N~ V~ Dziv~, Br~'~n'~ HIll 100~%, fo~ ~ealon to build n~ one ~ou~h slc~ o~ South Vt~ Dztva, O=io~, J, Droako~ki, ~eat by F. Bond-archuck. 8t30 V.~4. (E.D.S.T.), ~ a~llcation of Es ~, M~ye~ Road, ~ttituck, ~l~ gection 303, ~d ~ticle X, Section 100~%, fo= ~ontago. Location of ~osorty: nor~ 01~ of ItX~lo Road, ~OTICE OF HEA~INGS Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordi- nance of the Town of Southold, Suffolk County, New York, publl~ hearings will be held by the Zon- ing Board of Appeals of the Town! of Southold, at the Town Office~, Maih Road, Southald, New York, i on May 14, 1970 on the following appeals: i ~:30 P. M. (El)ST), upon appli- cation of Clifford & Edwin~ i~Tyler, Schoolhouse Road, Cut~ ichogue, New York, for a special, : exception in accordance with the i Zoning Ordinance, Article III, isection 300 Subsection 10, for ~permlssion to erect an off prem- ises directional sign on land of John P. KrupskL Location of :property: north west comer Middle Road (CR 27) and Depot i Lane, Cutchogue, New York,'- bounded north by other land of i John P. Krupski, east by Depot ,Lane, south by Middle Road i (CR 27), west by Alex Mareszek. ~:40 P. M. (EDST), upon appli- cation of Gregory Dawson, 54 .West 10 Street, New York City, New York, for a variance in ac- cordance with the Zoning Ordi- nance, Article IH, Section 304, and Article III, Section 305, for: permission to build new one family dwelling with insufficient- frontyard setback setback. Loca- tion of property; north ~lde of Glenn Court, Map of Birch Hills,' Lot Nos. 2 & 3, Cutchogue~ New~ York. 8:00 P. iV!. (EDST), upon appli- cation of Carl J. and Ama M. D'Antonio, 140 Glenfariff Road, Massepequa Park, I~lew York, for a variance in accordance with the Zoning Ordinance, Article IE[, Section 305, for permission to build new one family dwelling with insufficient frontyard eet- back. Location of property: west side of Kenney's Road, Scuthold, COUNTY OF SUFFOLK / STATE OF NEW YORK1 ss: ~, being duly sworn, says thot~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 annexed is a printed copy, has been published in said Long Island Troveler-Mottituck Watch~ man once each week for ....~)~.~d~.....~.../...~..--. week~s/~'' successively, commencing o the .............. ~ .................... doy of .............. , ........ ...... ....... Sworn to before me this ........................ day of ....... .......... ................. // New York, boundekl north by T .................... --' - ~ Kenne's ~__~ north side of Middle Road, Map by F. Daly, Jr., sour by privateI ~e.r~.ey., ea~_~, oy .... Y ~ of Mattiinck Heights, lot Nos. road, west by Town Harbor Road. Pond ' 6, 7, & 8, Mattltuck, New York. 9:15 P. M. (EDST), pursuant Greats:IS P.M.' r~n~.--i 8:45 P. M. (EI~T) upon appli- to Section 237 Subdivision 6 of cation of Matrick, Middle the Town Law, o, the of cat, on of Douglas~M.. ~o_~: wn'~ Road Cutchogue, New York, for New York, on the Board's motion.: 455 N?~I~ Vi?. l~lV_e; l~r.o] ,_ a variance in accordance with a rehearing on Appeal NO. 1304;~ -- --'h: the Zoning Ordinance Article uPOn application of Scverin~ ........ III, Section 303, for permission Lambros, 24 Ellmgton Drive, East rii, Section 303, and Article , . ~ Section il~0A, for n-rmission to dwelling with insuffic~ent side- ance with the Zoning Ordinance, _ ~:~ - ...__ yard area Location of prop- Article III, Section 305, for per-~ build new- one mmuy uwel~mgi _ ' 1 ~..,. msu.~.c.en., a~..a, .'T~-" ._ Road, Cutchogue, New York dwelling with reduced front yard -' -' ' " Y r'-,bounded north by l~fatwieczyk, setback, Location of property: ......... ......~ east by Matwieczyk, sout Y ~ north side of Ruth Road, Matti- ...... hnson ! Middle Road, west by Machin- ~i tuck, New York, bound Drive, eas~ oy o. ~. oo '~ ..... - ...... 1^0 f C -t Kidd soum oy.o..~rosr, o~ , Y 'i 9'00P M (EDST),upenappli-lEstates east by Basis, south bl/ Bondarcnucs~ ..... i ~ ~ ~f tk-~.~-~ ~r~n annll i~cation of Edwin Dodllh, Town ! Ruth Road, west by J, Murphy. -;-' --' - -- K h Hacbor Road, gouthold, Any person desiring to be heard: Mary s Road, Matt~tuck, e .......... n e · ance with the Zoning Ordinance, Article IH, Section 304, for per- specified. Article III, Section 303, and Ar- mission to construct addition tgi DATED: APRIL 23, 1970 existing dwelling with insufficient [ BY ORDER O10 'l~-lE tlsle X, Section 1000A, for per- front yard setback. Location of~ mission to divide property and property: east side of Town Har-J ~OU'I~OLD TOWN set off lots with insufficient ber Road Scuthold, New York, BOARD O1~ APPEALS frontage. Location of property: bounded north by J Munch, east. 1T--7 LEGAL, NOTICE, [ Notice oi Hearings Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals Of the Town of Southold, at the Town Office, Main Road, Snathold, New York, on May 14, 1970 on the followin~ appeals: Hills, Lot Nos. 2 & 3, Cutchogue, - New York. 8:00 P.M. (E.D.S.T.), upon application of Carl J. and Ama M~:D'Antonio~ 140 Glenfariff Road, Massapoqna Park, New York; for a variance in ac- cordance with the Zoning Or- dinance, Article I11, Section 3O5, for permission to build a new one family dwelling with insufficient £rontyord setback. Location of property: west side of Kenny's Road, Southold, New .York, bounded north by T. Tierney, east by Kenny's Road, South by Edw. Maidel, west by Great Pond. 8:15 P.M. (E.D.S.T.), upon application of Douglas M. Robertson, 455 North View Drive, Brown's Hill Estates, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for permission to build new one family dwelling with insufficient area. Location of property: south side of South View Drive, Orient, New York, bounded north by South View Drive, east by J.S. Johnson, south by J. Droskoski, west by F. Bondarchuck. 8:30 P.M. (E.D.S.T.), upon application of Frederick E. Kreh, Mary's Road, Mattitock, New York, for a variance in ac- cordance with the Zoning Or- dinance, ArticJe III, Section 303, and Article X, Section 1000A, for permission to divide property and set off lots with insufficient frontage. Location of property: north side of Middle Road, Map of Mattituck Heights, Lot Nos. 6, 7, & 8, Mattituck, New York. 8:45 P.M. (E.D.S.T.), upon application of John Matrick, Middle Road, Cutch°gue, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 303, for permission to construct ad- dition to existing dwelling with insufficient sideyard area. Location of property: north side of Middle Road, Cutchogue, New York, bounded north by Mat- wieczyk, east by Matwieczyk, south by Middle Road, west by' Machinchick. 9:00 P.M. (E.D.S.T.), upon application of Edwin Donlin, Town Harbor Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article II1, Section 304, for permission to construct~ addition to existing dwelling with fnsufficient front yard setback. Location of property: east side of Town Harbor Road, Sonthbld; New York, bounded'n~h by J. Munch, east by'Fi Daly Jr., south by private road, west by Town Harbor Road. 9:15 P.M. (E.D.S.T.), Pursuant ~ l~.,t'tio~ ~; Sabdivisi~m 6 of the ' Town Law, of lhe Slate of New York; on the Board's motion, a rehearing on Appeal-~lo. 1304; upon application of Severius Lambr~, 24 Eilington Drive, East Norihport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section ~5, for permission to build new one family dwelling with reduced front yard setback. 7:30 P.M. (E.D.S.T.), upon, Location of property: no/th side application of Clifford & Edwina of Ruth Road, Mattituck, New Tyler, Schoolhouse Road, Cut- York, bounded north bv Lots 189 chngue, New York, for a special ..~& 190 o~ Capt. Kidd Estates, east exception in accordance with the by Basis, sooth by Ruth Road, Zoning Ordinance, Article III, west by J. Murphy. Section 300, Subncetiun 10, for permission to erect an off premises directional sign on land of John P. Krupski. Location of property: north west corner of Middle Road (CR27) and DepOt Lane, Cutchngue, New York, bounded north by other land of John P. Krupski, east by Depot Lane, south by Middle Road (CR27), west by Alex Mareszek. ?:40 P.M. (E.D.S.T.), upon application of Gregory Dawson, 54 West 16 Street, New York City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 304, and Article III, Section 305, for permission to build new one family dwelling with insufficient frontyard setback setback. Location of property: north side of Glenn Court, Map of Birch - Any porson desirin4~ to be heard on the above applications should appear at the time and place specified, DATED: APRIL 23, 1970, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS. .- me this . .cY..~&; ... I ......... '~ ' 'L':bN' '~' ' :' ~ ................... ~FFOLK, ~ YORK, } ss: ~ ~, ~-~t-~.e~-~ being duly Sworn. ·, is Printer and Publisher of the SUFFOLK ~, a newspaper publish~! ~tt Greenport, in s~id the n'otic~:, of which the annexed is ~ printed .~ublished in the said Suffolk Weekly Times ;k, tot ....... . .&Z-c..© ............... week~ tmencing on the ... ~ // F. LAN( ;TON COR',",'!N TOWN OF 5OUTHOLD BUILDI~IG D~PAETMENT TOWN CLEBICS OFFICE SOUTHOLD. N. Y. ~NOT~CE OF DISAPPROVAL PLEASE TAKE NOTICE that your ,applicatio~ dated ............... ~]T~ ....... 't'3 ......... 19"~0' for permit ~tco~s~$ruc~~: & ....... ~%~:X~.~ ............. at the premises located at ..... ~/~ .....~.~ 'V~i" D~.'~ ............................................. Street Map... ~ .~...~.~ .~:~ ......... ~--.--.(~,D ~A, ................... Lot .................................................. is returnea herewith and disapproved on the followin~ ground~ ........ ........ ~.~. ~a ........ A~.t... ~.!~...s~e... 303-~.. ~z~.~ .. :i.. ~e~ .ti~n...t.0.0~. ....... ' TOWN OF SOUTHOLD, NEW YOR~K' PPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appella,n} Street and Number ..... .B..~.~..w..n..~.~...~.'.l'.~.l....~.s..~.~..~.e...8..~....o.?..~.e...n.~ ......................... ..~..e...~...~.Y..°...~..k....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING iNSPECTOR ON APPLICATION FOR P,EPd~IT NO ..................................... DATED .... ~..!.~....L.[~..~ ................ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( )~ PERMIT FOR OCCUPANCY,: 1. LOCATION OF THE PROPERTY ~..o..g.~.J3..V..~.,e..W...:'.g.~:...,..O.~.~.e...~.~.~ ....................... *.~..A..*.~.....g..]r..s.~.: .... Street Use District on Zoning Map ..... ......... i ............................... ............. 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 Ordinance.) Art:. ZZI Sec. 303 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordin,ance 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 ([l~r~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 it: iS now desired t:o sell t:his tot: ~or the purpose of a building site and I want ~o be able t:o give clear title. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it is impossible to adjust the size of this lot except by possible purchase of adjacent farmland, and to restrict the sale of this property to adjacent owners jeopardizes the. price expected for it. ~ ~ 2. The hardship createdis UNIQUE and is notshared by all prope~ies alike in the immediate vicinity ofthis property and in this use district because this subdivision was plotted in.1946 and extended in 1959 at which time it was required to accept a 50' road width to extend a 33' existing road and the extra width of 17~to had to be taken off of the plot now being appealed because the topography of the adjacent land made it impractical to route the road dif{erently. This attrition resulted in a plot short of the required 12500sq.ft. by about 300sg.ft. but with a greater road frontage than any of the other seven lots aton~ $outhview Dr, at that time. It was also understood at the time that ~ variance would be obtainable. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it would not increase the overall total of buildings originally intended for the area and there would be no problem of water supply since there is a community water supply° STATE OF NEW YORK ) Or~ ._, ) ss . COUNTY.~ ) · Signature ................ Sworn to this ........... ~i~_.~,,~., ..................... day of ........... ....... J~ ....... ~ Notary PubUc /- ELiZaBeTH ~,,%, ~4EVIL~ ~OTARy PUBLIo ~tate o No. 52'81258~0 o,,. f Aew York Ter~ ~ir~* .' ommlk ~rch 30, May 14, 1970 To: Board of Appeals, Southold Town Southold, New York. Subject: Statement of Disclosure In connection with the filing of an application for a variance in the sale of some property belongin~ to me at Brwon's Hill Estates, Orient, N.Y.;let it also be known that,I, Douglas M. Robertson am an elected official of the Town of Southold and that this will consttt~ a public disclosuee for the purposes of this hearing. ! l