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HomeMy WebLinkAbout1303 TOWN OF SOUTHOLD, NEW YOItK ACTION OF THE ZONENG BOAP~D OF APPEALS Appeal No. 1303 Dated October 31, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Richard Nagy Narrow River Road Orient, New York DATE~Q~r 13, 1965 Appellant at a meeting of the Zonin~ Board of Appeals on November 13 · was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to propecty ( ) Request for a special exception under the Zoning Ordinance ( ~ Request for a variance to the Zoning Ordinance ( ) 1969 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 9:15 P.M. (E.s.T.), upon application of Richard Nagy, Narrow River Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III,' Section~ 303, and Article X, Section 1000A, for permission to divide lot with less than 100 ft. frontage. Loc~tion o~ prOPerty: west side of Harbor Road, Orient, New York, bounded north by land of Nelson Douglass Estate, east by Harlx)r Road· south by Harold Dadson, west by Orient Bay. 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 (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 SEE REVERSE ZONING BOARD OF APPEALS ~~ Secretary Southold Town Board of Appeals After investigation and inspection the Board finds thst ths'C applicant requests permission to divide lot with less than 100 ft. frontage. The Board finds that the general area has a very serious fresh water and drainage problem. Requiring the applicant to have 100 ft. frontage will not solve the water problem, but it will help to control it. ' The Board finds that strict application of the Ordinance will not produce practic~l difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance would change the character of the neighborhood and would not observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Richard Nagy, NarrOw River Road, Orient, New Yor~ he,DENIED permission to divide, lot with less ~than 100 ft. frontage as app~led f6r'0n ProPerty located at west side.of HarbOr R°ad, Orient, New York. . 'VOte'of th~.Board: AyeS:' MesSrs:~llispi~':B~rgen, HolSe, Doyen , 8:15 P. M. (EST), upon appli- cation of Irene Ford, Sound Ave- l variance ~cordance with the NOTICE OF HEARINGS tion 1000A, for per Puts -' to Section 267 of the off lote with insufficient front-tSTATE OF N~/V YORK To~ ~w Md the pro~iens of'age' Loft,on of propo~y:_..~? ! dinance of the Town of Southold, New York, 10oeuvre~ ~rt~or ~[ Sullolk ~ount7, Iqew York, pub- Sound Avenue, ¥ · lie hear~gs will be held by the William, south by Railroad, we~t. C. Whitney Booth, Jr.~ being dul~ 8worn~ soys ~.oul_n~ Board of Appesls of the by Agwa~ T wn f Southold at the ~ow~ 9'30 P. 1~ (EST), a rehearing thor he is the £ditor, of TI-ti LONG ISLAND offies, ~ain Road, South.old, on Appeal No. 1~'~; upon appli- TRAVrL[R - MATTITUCK WATCHMAN, o public news- on the following appe~ul~: ~llorT, ~*armm~ Ro~:I, New poper printed ot Southold~ in Suffolk County1 and thor 7:~0 . . , po PP ' in accordtmee with the ~.oning ~he notice of which the ~nnexed is o printed ¢opy~ ho8 been outer ~f the Esmm of K. aapara ~0 Sul~estion 6 for permk~don pubhshed in soid Lon~ Island Troveler-Mottituck Wotch- ~. ~lulder, 81'/55 ~a~_ Road. : ca~ rivate ~letarhed ara e Soathold, New York, for..a, v~_~ in sideyard area. Location of mo~ once each week / ance in accordance Wl~n me .............................. .... I- property: north side of Fanninc Off lot~ with insufficient area. south ' ~o¥ Ot .......... /~.~...~ ........ ~tt ' , ca~ion of James Kavanagh cation of Mr. & Mrs. Ruasell Tuthill, New Suffolk Avenue, ~attituck, New York, for a vari- ance in accordance with the Z~n- ance with the Zoni~ Ordinance, Article III, Section 300, Subsec- tion 10, for permission to re- locate existing off-premises di- rectional ~ on property of Enul PupeckL Location of prop-i erty: south side of North RoadI (C R 2~), Peconic, New York,] bounded north by North Road (C I~ 27), east by Mary Turner,' south by Sidney Waxier, west by Pecoulc Lane. 9:00 P. M. (EST), a rehearing on Appeal No. 1292; upon appli- eat/on of Hs~y and EvelYn ~earns, Route 25, Orient, New York, for approval of acce~ to private road in accordance with the State of New York Town Law, Section 280A. Location of l~ope~ty: private r~ht-of-way off north side of Route ZS, Orient, New York, bounded north by land of apphcant, east by Deid- rick, south by Itess, west by Brown & others. 9:19 P. M. (EST), upon appli- cation of Richard Nagy, Narrow River Road, 'Orient, New York for a variance in accordance with the Zo~t~ Or~J~nce, Art/clei ~ Sectio~ 303, and Article X, Section 1000A, for permission to lvide lot with le~s than 100 it. frontage. Location of property: west side of Harbor Road, Orient, New York, bounded north by land of Nelson Douglas~ Estate, east by Harbor Rc~d, south by l~,rold Dadeon, west by Orienti Bay. Any person desiring to be heard on the above apPlication~ should appear at the time and plaCe specified. DA'~'~v: OCTOBER 23, 1969 SOUTHO~D TOWN Sworn to before me this ........................ day of ......... ........... ......... · ........ .r. ........... Notary Public / [gS, Gn~I~PORT0 N. Y. FRIDAY, NOV~r~MB~R 7, ,19~9 ,__ ~ GA[- NOTICE ~tice of Hearip-gs Pursaa~t to Section 267 of the Town I~w and the provisions of the amended Building Zone Ordin- ance oI the Town of Southold, Suf- folk County, New york, public hearings ~vill be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, Hew york, on November 13, 1969 on the following appeals: 7:30 P:M. (E.S.T.), upon applica- tion of Lefferts P. Edson, Execulor of the Estate of Kaspara E. Mu]der, 51755 Main Road, S0utholkl, Hew York, for a variance in accordance wi~i~ the Zoning Ordinance, Article III, Section 303, and Article X, Sec- l tion 1000A, for.~ermission to set .off lois with insufficient area. Locatlo)~ of ~oroperty: southeast corner o leers ,Neck Road and Sfillwat(~r Avenue, Fleetwood Cove Map ~No. 1263, Lot NoYs 13, '12 & 15, Cutch- ogue, New York, 7:40 P.M. (E.S.T.), upon applica- tion of Mr. and Mrs. Russell Tuthill, ~ew Suffolk Avenue, Mattit~u~, New York, for a variance in acco - for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, for per- mission to locate private detached garage in sideyard area. Location of property: north side of Fanning Road, New Suffolk, Nkw york, bounded nortlx by George Tuthill, east by J- Mlynerzyk & others, south by Fanning Road, west by A. Tonacci. 8:45 P.M. (E.S.T.), upon applica- tion of James Kavanagh D/B/A Crescent Beach Motel, Route 25, Greenp0ri, New York, for a special e~ception in accordance with t~he Zoning Ordinance, Article III, Sec- tion 300, ~ubsection 10, for ~)ermis- sion to re-locate existing off-pre- raises directional sign on property of ~mil Pupecki. Location of prop- erty: south side of North Road (CR- 27), Poconic, New York, hounded north by ~orth Road (CI%27), east by Mary Turr~er, south .by Sidney Waxler, west by pecodic Lane. 9:00 p.~Vi. (E.~.T.) a rehearing on Appeal No. 1292, t~pen application of Harry and Evelyn Mearns, Route 25, Orient, New York, for approval of acceSs to private road in accord- ance with the State ot New york ToSvn Law, Section 280A. Location ance With the ZorAng Ordinance, Article I,I,I, Section :{03, and Article of ~roperty: .private right-of-way X, Sectic~a 1000A, for permission to off north side of Route 25, Orient, sot off lots .with insufficte~t f~onlage. ~lew York, bounded north by land Location of property: north side of of Center Street, Mattituc~ ~Iew York, ~ounded north by other }~r~l of ap- plicant, east hy A. ]~aonaaito & ~tbh- ers, sOOth by Center Street, wes~ y Wit~tmen & other~. 7:50 p,M. (E.S.T.), upo~ ~pplica- tion ~ Helmut Ha~, ~Y ~, ~old, N~ York, for a ~a[ e~on th a~r~n~ ~ ~e ~n ~ r~ and re-~ e~ non~thg b~ ~: ~ ~de ~ ~or~ ~d oi ~ ~ty of ~o~, w~ Y R~, ~ ~ew York, for 9r~ ~. a~ ~ private r~t- or--ay ~ ~d~ wit~ the S~te~ ot H~ ~k To~n ~w, west side of ~rr~l Avenue, east side oi p~onic Lane, Pecomc, New York, bounded north by L.I.R.R., ~st by C~roll Ave~, s~th by Lindsay, ~itk & other~ r~est .by ~econin 8:15 P.M. (E.S.~.), u,~n apphca- ion ~ Irene ~ord, Sold Avenue,' Matti~ck, ~ew York, for a variance in aecor~ce with the ~g dina~e, ~ticle III, Section 303, and cient frontage. ~ation oi pr~- erty: soa~ ~de of Sold. ~venu~ by Sound Avon,, east by W~r ~illi~, south by Railro~,~ west by ~ay Inz. applicant, east by Deidrtek, sou~Jh by Hess, west by Brown & others. 9.1,5 palvl. (~.S.T.), uPOn applica- tion of Richard Nagy, Narrow River 1~cl, Orient, New York, tera vari- race in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Secthm IO00A, for l~l~issiofl th divide lot wit? less; th~n 190 ft. frontage. Local~on of ~perty: west side of Harbor B~ad, Ortent, N~ y~rk, bounded n~rth by ~d of Ne~ DOO~ e~t hy Harbor Road, Isoum. Y~] I{~rOld .Dads~n, west by Or~en~ Bay. A~y person desiring to be heard m the above applications sbould ap- pear at the time and place speci- Aq~D: O(Yl~O~ER 23, 1969 ORDER OF TI{E SOUTI{OLD ToWN BOARD OF APPEALS lIN7 )RK. ~ ss: ~ ...... bein~ duly Sworn, Printer and Publisher o! the SUFFOLK ~ewsp~per published ut Greenpart, in s~id ~otic~, ,o~ which ~e ,~e~d is ~ printed shed in the ~id Suffolk Weekly Times ~ ....... ~ ............... week~ lng on ~e . .~~ ......... ............... ,--mm~ s~on Exp rcs Mm'ch 30, 19.~.[ I~OI~M ~0. 3 TOWN OF SOUTI{OLD BUILDING DEPARTMENT TOWN CEE,RK'S OFFICE SOUTHOLD, N. Y. ~OTICE OF DISAPPROVAL File .No ................................................................... Date ................................. ~...~.0..~..,....! ......... 19...6;~.. .......... }~&rm o.~...~Ixr, e~..~o~.~, ............................... ........... ~.~ ~A~ ........... ~.~ .~ ....... ~ Nov. ~ 19 69 PLEAoE TA~ NOTICE that your application dated .......................................................... divide lot wy less than 100 ft front for permit to ~E ........................................ at the premises located at ..... ~$ ..................... ............. ~.~9.~...~.9~.~ ................................ Street Orient, ~]. i, Map ......... ~ ........................... Block ~ ................... ~ ............... Lot .... ~ ...................................... is ........ ~o.t..na .... i=~ .....ti%an... 91~l~lX~~k3~l disapproved on the following grounds T ~ ~ ~ ~ ...... 1.~O...x.t...f.r.antag.e...on...s.l~r. ea.t. ............. ~t...i.ti....s.e.~... ...... ~.0~....&...~:z.t.....X......s..e...q....1..Q.QQ.A · ' lspec~or % APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. /3~.3 DATE .P..9..t_,... 3.; ~....~..6. ~ Name of Appella,n.t Street and Number Municipality State ........................... ...... ......... ............ .' ............ WHEREBY THE BUILDING INSPECTOR>DENIED TO ( ) Name of Applicant for permit of Narrow River Raad, Orient, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Map No. Lot No. LOCATION OF THE PROPERTY .... .~.A.r_b...o.~....~..9..~...c}. ....... .0..~.i..~...~...~.,.....~..,..¥.., .................................. Street Use District on Zoning-Map section and ~?~a~,r~aph of the Zoning Ordinance by number. Do not quote the Ordirnance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~ A VARIANCE to the Zoning Ordin.once or Zoning Map ( PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ) 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~m) (has r~ot) been made with respect to this decis,on 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 ...................................................................... ( ) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form Z]B1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF'I'HE ORDINANCE would produce practical difficulties or unneces- sary'H~'RDSH~IP becaus'e it would split lot five, It would create a lot excessively large in relation to others. It singles out a lot ~:o bexenlarged while smaller lots (2 and 3) are O,K. to be built upOn. It Creates a hardship in ~that for the past 18 years it ha~ been maintained as a separate and distinct living unit and lot. This is readily apparent if one views the maintainence of it as con- trasted to adjacent vacant areas, The subdivision haS always been viewed As an area f0r.~six water- front residences by the owners involved. A very practical difficulty arises if this concept is changed as it would effectively eliminate one of the six lots. 2. The hardship createdis UNIQUE and is notshared by all properties alike in the immediate vicinity ofthis property and in this use district bec,a:use all lots in Chis area were bought on basis of the 19.50 subdivision. Lots 2 and 3 which are smaller bOth in ~reg and dimensions'have been sold and resold. Lot 3 has had home built on it in past two years. It would be unique to not allow occupancy of a-house on lotin existance for 18 years when a house has been permitted to be built upon lot three within past two years. It would be unique to require a change to a size different from evez~y waterfront lot in subdivision, (Lot l, while~ on map, is not part of subdivisien, as it.was not part. of the Douglass fs_~mfor many years prior to 1950) It would be further unique in that lot 6 ~resently has already a greater square footage than any other lot in Douglass subdivision and would be excessively large if a widening of it was required. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because noChiz~; changes, The original 1950 subdivision plans are maintained, All properties bought and sold in this area have been under the 1950 subdivision plans. The request for this variance is based on continuing to preserve the character of the district, STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ......... ...................................... day of ....................................... ~ Notary Public o 0 11-1-69 ~ir. Howard Terry Zoning Board of Appeals Town Clerk's Building Southold, New k~ork Dear Mr. Terry: Ti~is appeal is being s~0mitted as Mr. Howard Terry indicated to me the house I would like to purchase has frontage less than present code calls for and would require a variance. The property is presently owned by Edgar Dadson of Sea Cliff, New York, with whom I bare a contract of sale w[~ich is conditional upon this variance being ap~roved. As a resident of the inunediate area since 1946 and a home o~,,'ner since 19~0 I have watched the development of the Douglass subdivision and know the feeling of the owners as to maintainin~ its pre~ent character, i wo~ld not wish to do anything to change the character, nor create hards~ip. A denial of the variance, however, would be a h~rdship on Mr. Dadson who could not sell and umon myself who could not · ~urchase an improved all y~ar home in the area of my choice. It would further be unique to deny me a csrtificate of occuoancy for an existing houee ena lot of 18 years standing ~nen the Menegau~ house was permitted to be b~ilt within the past two years on an ~ven smaller lot within speaking distance of the Dadeon house. Very Sincerely ~ichard ~'~agy Narrow River Head Orient, New York