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HomeMy WebLinkAbout1279 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1279 Dated July 31, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Charles Becket To Clark ROad" S~uthold, New York DATE .Augus.t.-21, ~969 Appellant at a meeting of the Zoning Board of Appeals on August 21, 1969 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 8:30 P.M. (E.D.S.T.), upon application of Charles Becket, Clark Road, Southotd, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303.~', and Article X, Section 1000A, for permission to set off lots with insufficient frontage and area. Location of property: west side Clark Road, Southold, New York, bounded north by other lands of applicant, east by Clrak Road, south by Middle Road (CR27), west by A.J. Paraskos & others. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (b) The hardshio created (~) (is not) unique and (would) (would not) be shared by aH properties alike in the immediate vicinity of this property and in the same use d~strict because SEE REV~.RSE (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 Inspeeter ( ) be confirmed ( ) be reversed APPROVED SEE REVERSE .~_ ,.~j~.~ % ~ / ZON'NG BOARD OF APPEALS FORM I' ' ,~ , ~ ~ , ~~ t ~N~Sec~etary ""' ........ ~ / Sou~old T~n Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to set off lots wi~h insufficient frontage and area. The houses were built prior to zoning. The Board feels that this is the best possible present'disposition of the situation of several houses which were in existence prior to zoning. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties al/~>? in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the distric~ and will observe the spirit of the Ordinance. THEREFORE, ~T WAS RESOLVED Charles Becket, Clark Road, Southold, .New York, be GRANTED. permission,~? ~e~ g~f ~o~s w.!th insufficient frontage and area. as applied for on property, located oD west side of Clark R~ad, Southold, ~ew_Yo~k',su~gCt to the fgllow!n~ condition: No future side yard variances shall be g~a~ted to any o~ these lots. The Board approves the sketches which were part of this appeal, Appeal No. 1279 made by C.L. Becket. The division of these lots to be finalized by submission of a survey to be made by Otto Van Tuyl & Son. Approval has been received from the Suffolk County Planning Commission by which they consider this apg~a~ a matter for local determination. The Board hereby re-approves this action as of September 11, 1969. Notice of Pursuant to Section 267 'of t/%e ~30%~n Law and the provisions of the amended Building Zone Ordinance of the Town of Southold~ Suffolk County~ New ¥ork~ public hearings will be held by the Zoning ~3oard of Appeals of the Town of Southold~ at the ~%7'wn Office~ Main Road~ Scuthold~ New York~ on August 2i~ 1969 on the following appeals: 7:30 PoM. (E.DoSoTo)~ upon application of Phillip Pfeffer~ 142-39 231 Street= Rosedale~ New York~ for a variance in accordance with the Zoning Ordinance~ Article ~Ii, Section 307~ for permission to build addition on existing dwelling with reduced sideyard area~ Location of property: Lot % 161 on map of Cedar Beach Park~ Southold~ New York~ bounded north by Anthony Cassar~ east by Sunset Way (private right-of-way)~ south by John Gormley~ west by Canoe Inlet° 7:45 PoMo (EoD. SoTo)~ upon application of Ketcham Signs= Main Street= Greenport~ Ne~4 York a/c Beachcomber Motel~ ~nc~ Duck Pond Road= Cutchogt~]e~ New Yorkz for a special exception in accordance with the Zoning Ordinanceg Article ~%~ Section 300~ Subsection I0= for permissior~ to erect an off premises directional sign on now or formerly of p~ Matwieczyk~ Locatic:~.~ of s~outd% side ~ ~i~die Road (CR27) and ,,~e~'~t Lane~ Cr~':'" '~'~""~a.._ ~ ~ ,~ ..~ .. ~.~ New York~ bouude<~ t~~-~'~'' Legal Noes'ce Page --3~ 8:30 P.M~ ~oDoSo'To), upon application of Charles Becker~ Clark Road~ Southold, New York~ for a variance in accordance with the Zoning Ordinance, Article II-7~ Section 303, and Article X~ Section 1000A, for permission to set off lots with insufficient frontage and area. Location of property: west sade Clark Road~ Southold~ New York~ bounded north by other lands of applicant= east by Clark Road, south by Middle Road (CR27), west by A~Jo' Paraskos & others° Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: JULY 31t 1969, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, AUGUST 14~ 1969~ AND FORWARD SIX (6) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ MAIN ROAD# SOUTHOLD~ NEW YORK~ COPIES mailed to the following on August 8~ 1969: The -?Long Island Traveler--Mattituck Watchman The ~uffolk Weekly Times Phillip Pfeffer Ketcham Signs Rodney T. Buckham Marion Smith John Go Havens Charles Becket SOMEONE SHOULD APPEAR AT THE HEARING LEGAL NOTICE Notice of Hear[ng~ Pursuant to Section 267 of the Town La~ and the pro~i~ions yof the mend~ Building= Zone Ore- ,ce of the Town of, Southold, Suf- fo~ County, New York, ~b~c h~rings will be held by the Zon- ing Board Of Appea~ oi the Town Of Southold, at the Town Office, Main R~d, Sou~old, New York, on Au~st 21, 1969 on the following peals: ~:30 P.M. (E.D.S.T.), upon appli- cation Of Philip ~[effer, 142-39 231 ~eet, ~sedale, ~ew York, fOr a . ~ar[~ in accord~ce w[t~ the Zon~ ~nance, Article III, S~- fion 30~, for peri,ion to b~ld ad- ~tion on existing dwe~ng with re- du~d side~d area. ~fion Of p~r~: ~[ No. 1~1 on ~ap ~dar ~ch P~k, Southold, ~ew York, ~d~ no~ by ~thony Cas~, east by Sun~t Way (priva~ ~-w~), south by John Gom- ley, w~ by Can~ I~et. 7:~ P.~. (~.S.T.-, ~on appli- cation of Ketc~m Si~s, Main Street, Green~rt, N~ York a/c ~achc~ber Motel, Inc., ~ck Pond ~a~ Cutcho~e, ~ York, for a ~l exc~tien in ~ccordance :the ~g ~in~e,~cle II~ ~tion 300, S=bs~tion 10, for per~ ~ssion lo ~ect an off pre~ses di- r~tional si~ on the prope~y now o~ fomerly of P. ~twleczyk. Lo-. ~on ~ pro~: sou~ side:of Middle Road (~7) and wes~ of' D~ Lane, Cu~ho~d, ~e~! York b~d~ nor~ by J. P. Krup- ~ski, e~7 pep0t ~ne, sOu~ J. Z~ west by J. Ha~u~ ,8:00 .P.~. E.D;S.T.), u~n ~pH- Lane, Mattituck, New York, bound- ed north by Ole Jule Lane, east by Anthony Anton, south by James Creek, west by G. S~haed~l. 8:10 PJ~/L (E.D.S.T.-, upon appli- cation of Marion Smith, private right-of-way (Laurel Way), Mattio tuck, New york, for a variance in )LK, )RK, ? ss: Page Fiv~ .~. ~ ~.k~.~ .~.. .... being duly Sworn, variance in accordance ~vlth the Printer and Publisher ~! lhe SUFFOLK Zoning Ordinance, Article III, Sec-' tion 303, and Article X, Sectio~ ~ewspaper published ~t Greenport, in said accessory building in front yard east by Clark Road, south by Mid- area. Location of property: private I die Road (C!127) west by A. J. ,Oar- right-of-way off S/,S Sound Avenue, a~kos & or, hers. Mattituck, INew York, bounded A~y person desiring to be heard north by Laurel Way, east by Wa1- on the above applications should ap- l ter Belz, south by Laurel Lake, west , pear at fhe time and place spem~ by W. J Wi~beri & others, fled. 8:20 ~M. (E.D.S.T.), upon appli- I)ated: July 31, 1969, BY ORDER Ica ' · ' --~--~' OF AppE~LS ltAul5 t~on of John G Havens, Mill Creek OF T,HE S'OUT~kI'OLD TOWN Drive, Southold, ~ew York for at ~'~ ' cation of l~odney T. Buckha~ra, 3520 Ole Jule Lane, Mattituck, New york, ~ 1000A, for permission to set off lot. . ~for a izariance in accordance with, with less than required area. Lo- nohow, ,of which the annexed is ~ printed mn Ordinance, Article III? cai. ion Of property: south side of the Zo ' g ' · ~ ........ rive Southold, New shed in the s~id Suitolk Weekly Times Section 303 and Article X Sect~on,~Vtm ~ree~ ~ ,. 1000A, for permission to cnwu~ ~ ~-~ .......... week~ and create 2 lots with less than 100 i ~Drive, east by J. A. Cassidy, south [~ ................. ft. irontage on high~vay. Location by Simon~Orlowski, west by P. Or- Of property: south side of Ole Jule lowski. :iI, lg on the ~. ',~.f~...~.f.: ..... 8:30 p~L (17-.©~S.T.), ~pon appli ~' rl~ ~ 19'~'~' cation of Charles Becker, cia Road, Southold, GTew York, for a Zoning Ordinance, Article III, Sec- this . tion 303, and Article X, ;Section I 100oA, for permission to set off lots ~ ..... 19.&.~ J ~with insm~cient frontage and area. .~.~...~ ' accordance with the Zoning Ordin- Location of property: west side Clark ~'~ ~c .X~..X~.~.'~. ............... ance, Article III, Section 300, Sub- ~ ~oad, Southold New York, bounded ' * ~'~ ..... ~ .... ~' ' section 6, for permission to loca~e north by other lands of applicant, ~.~.~..~?~..X~.,..~. ................. N(~IC~ OF HEARINGS Pursuant to Section ~6~ of t~ Town Law and the pro~o~s me amend~ ~ildi~ ~e ~- ~an~ of the TO~ of ~u~old, Suffolk ~ty, New York, pubBc To~ of Southo~, at t~ Office, · Main ~d, ~uthold, New York, on A~u~ 21, 1969 the fo~o~ ap~ls: ~:30 P. M. (~T), u~n appB, cation of P~i~ ~effer, 1~-39 for a v~ance ~ ~rd~ ~th ~ ~g ~ce, sion to build ~dition on ex~s~g dwel~ with r~ ~dey~ ~a. ~ation of p~y: No. 161 on ~p of ~ ~h Park, ~uthold, New Y~k, ~d~ n~h by ~th~y C~- ~. e~ by S~t Way (~va~ fight-of-way), ~uth by Jo~ ~ey, w~ by Can~ ~let. ~tion of Ke~ Si~, St~t, Gr~, New York, a/c ~ ~d, Cu~h~e, New York, for a s~c~l exce~on a~ ~th ~e Z~ Su~on 10, f~ ~l~ mcr ~ off pr~es dM~tio~l ~ on the pro~y now fo~erly of P. Mat~yk. ~ti~ of pro~y: ~uth ~de of ~d~e ~ (C R 2~) and ~de of ~t ~e, Cutch~e, N~ Y~k, ~d~ no~h by J. south'by J. Zuh~M. we~ by J. ~nce ~th the Z~g tion of pro~y: ~u~ ~de Y~ ~ ~ ~ 01e ~ a~ce ~th the south ~ ~1 ~e, w~t by 8:20 P. M. (~T), u~n ~ of Jo~ G. ~v~, ~k ~w,~uthold. New Y~ tl~ I~A, for ~ ~ lot ~th 1~ ~ ~ ~d, N~ Yor~ ~d~ 1~, ~t ~ P. ~1~. ~d, ~uthold, N~ Y~ for a ~ ~ ~an~ ~t off lo~ ~th ~i~ent fr~e a~ ~. ~tion of ~: w~t ~e ~k P~ ~fl~. 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 - 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 Zraveler-Mattituck Watch- commencing on the ............. .~...~.. ................... successively, Sworn to before me this ........ /~.!.~..~.. day of Notary Public / r~'w YorR TOWN OF SOUTHOLD BUILDING DEPAI~TMENT TOWN CL:EI~K'S OFFICE SOUTI-IOLD. N. ¥. I~OT~CE OF DISAPPRO~L Dte _~0~ . ~ ~ File No ................................................................... a ..... ..Z~,.../:~ ....................................... 19 ........ .~o~~ 4~~_' ' ~ · .:.~:,.::.~ ...................... - ~ ~ .' .... ~ ......... : ............ ..: ......... ~o~ ~m~ ~. ~,~=~. .................................... ,~ ~ ~m~ ~o~,~e~,t ..... ........................................................................... ~[~ee[ ~~' ~a~U[nMaP .......................................... '~, ~ ~ disapprov~,~Bl°ck ..................................... on the fo]low'~v~ ~~~,~ grounds~ .... Lot ........................................... ~ ~~ ~..~is, ..... ~:..:.~~ ..... ~...~ .~' ~: '-- ~:~ ~ ~ ' 0 ..... ...... ......... ~~~..~,,~ ..... ~ ......... ~....~.~~.~..~. ~. ~.~ ....... ~ ......... 'row. or sou'mo,D, NEw APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)~.~...~f..z...--C.~....~.....~...~..~...~..~.7~...~..~.?......of ....... '.~4..~..'.'.~.~'.....z~...~...?.. ................................... Name of Appellont Street ond Number ........................ ....................................... ................. :...:. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING41N,SPEC~OR ON APPLICATION FOR PERMIT NO ..................................... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Nome of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY .......... ...~....~,..~....~/..~...~.,..~.,Z~.. ...................... ~ .... .?...~.~..(.~. .............. Street Use District on Zoning Map 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 Ordi,nance.) 3. TYPE OF APPEAL Appeal is made herewith for (~j~) 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 PREVIOUS APPEAL ~A previous appeal ~l~) (has not) been made with respect to this decision 4. 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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 0~) A Variance to the Zoning Ordinance ( ) is requested for the reason that Forn~ ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties;o'~ unneces- sary HARDSHIP because 2. The hardship created is UNIQUE 'and is not shared by all propeFties alike in the immediate vicinity of this property and in this use district because 3. The Variance would, observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ~~...~..~.~ COUNTY O ) Signature ~,~; Sworn to this ~ ~ ~b- day of ....... ~ k.~-,'~ ,,. 19 ......... ...... :f; ..................... ~ .": Notary Public , L,:,~¢: ~.: c.f F~ew York ~erm Expires '~'rO:h S0~