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HomeMy WebLinkAbout1277 TO'~N OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 1277 Dated July 24, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE T.OWN OF SOUTHOLD To Rodney T. Buckham 3520 Ole Jule Lane Mattituck, New York DATE.AuguSt...21, 1969 Appellant at a meeting of the Zoning Board of Appeals on August 21, 1969 wax 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 .2 ................. Subsection ........ :: .......... ~ paragraph .................... of the Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because '8:00 P.M. (E.D.S.T.), upon application of Rodney T. Buckham, 3520 Ole Jule Lane, ~tattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article~X~ Section I000A, for permission to divide lot and create 2 lots with less than 100 ft. f~/on~age on highway. L6cation ofproperty: south side of Ole Jule Lane, Hattituck, New York, bounded north by Ole Jule Lane, east by Anthony Anton, south by James Creek, west by G. Schaedel. 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 unnecessax~ SEE REVERSE (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 change the character of the district because (would) (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( and that the previous decisions of the Building Inspector APPROVED SEE REVERSE ---C~-~lr-maK' Board of Appeals ) be granted ( ( ) be confirmed ( ) be reversed be denied ZON~.NG BOARD OF~APPEALS ~~ecretary Sout/~old Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to divide lot and create two (2) lots with less than 100 ft. frontage on highway. The proposed division of this property will not change the character of the neighborhood. Both lots created will be in excess of the minimum area required. The Board feels that the applicant does have a unique hardship. 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 alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the dist=ict and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Rodney T, Buckham, 3520 Ole Jule Lane, Mattituck, New York, be GRANTED permission to divide lot and create 2 lots with less than 100 ft. frontage on highway as applied for on property.located on south side Ole Jule Lane, Mattituck, New York, subject to the f011ow, ing There s~all be n° future variances granted to either of the two (2) newly Created 10ts.' LEGAL NOTICE Notice of Hearings ,Pursuar~t to Section 267 of the Town La~ an4 the proviaions of the amended Bdilding' Zone Ordin- ance of the Town of Southold, Suf- folk Couaty, New York, public hearlngs will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold~ J'/ew York, on iAugust 21, 1969 on the following ap- 7:30 P.M. (E.D.S.T.), upon appli- [ cation of Phi[lip P~[effer, 142239 231 r Street, Rosedale, New York, £oK a variance · in ac~ with the Zon/ng Ordinance, Article IfI, Sec- tion 307, for permission to build ad- dition on existing dwelling with re- duced sideyard area. Location of property: Lot No. 161 on ~nap of Cedar ~each Park, Southold, ~ew York, bounded north by Anthony Cassa~, east by Sunset Way (private right-of-way), south by John Gorm- ley, west by Canoe Inlet. 7:45 P.~VI. (~.~).S.T.-, upon appli- cation of Ketcham Signs, Main Street, Greenport, New York a/c Beachcomber Motel, Inc., Duck Pond Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, for per- mission to erect an off premises di- rectional sign on the property now of formerly of P. Matwieczyk. Lo- .dation of Property: south side of ss: Middle Road (C~.7) and west side York, bounded north byJ. P. Krup,/[ Page Five .................... ski, east by Depot Lane, south by[] 'inter and Publisher of the SUFFOLK J. Zuhoski, west by J. Haurus. I variance in accordance with /]:00 P.~VI. E.D.S.T.), upon a[apli-~{ Zonlng Ordinance, Article III, Sec~ spill)er published ~t Greenp oft, in cation of Rodney T. Buckham, 3520 tion 303, and Article X, Section O]e Jule Lane, Matfltuck, New York, I 1000A, for permission to set off lot iCC, of which the annexed is a printed ~or a variance in~,accordance with with less than requlrec[ area Lo- the Zoning CTd~ce, AXtlcie III,~ ca,ion .of property: south side of Section 303, and ~rticle X, Section~l~l'Creek Drive, Soutbold, New 1000A, for permission to divide lot York, bounded north by Mill Creek and create 2 lots with less than 100 ~ Drive, east by J. A. Cassidy, soufia ft. Lrontage on high~ay. Location by Simon-Orlowski, west by P. Or- of property: south side of Ole Jule lowakL Lane Mattituck, New York, .bqund~ 8:30 P2VL (E;D.S.T.), Upon eppli- ed north by Ole Jule Lane, east by cation 0f Charles Becket, Clark. Anthony Anton, south by James Road, Southold, [New York, for a Creek, west by G. Sc~haedel. d in the said Suffolk Weekly Times ........ .dFC...~.: ............. week~, on the...4~ .~. g ~s . ./.5:.~...... 1 .............. F. LANGTON cORWIN 8:10 P.~Vf. (E.D.S.T.-, upon appli- cation of Marion Smith, private right-of-way (Laurel Way), Matti- tuck, New York, for a variance in accordance with the Zoning Ordin- ance, Article III, Section 300, Sub- section 6, for permission to locate accessory building in front yard area. Location of property: private right-of-way off S/S Sound Avenue, Mattituck, ~qew York, bounded north by Laurel Way, east by Wal- ter Belz, south by Laurel Lake, west by W. J Wilbert & others. 8:20 P.M. (E.D.SJT.), upon appli~ cation of John G. Havens, Mill Creek Drive, Southold, New York for a .variance in accordance with the Zoning Ordinance, Article III, Sec- tion 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 ,Clark Road~. south by Mid- die Road (CR27) west by A. ~. Oar- askos & others· A~y person desiring t~ be heard on the above applications should ap- pear at the time and place speci- fied. Dated: July 31, 1969, BY ORDE~ OF 'i~HE S'OUTH©LD TOW~T BOARD OF A~'PEALS ltAul5 dwelling with reduced sldeyard bounded north by Anthony Cos- accordance with the Zoning Or- dins. nee, Article 1'II, Section 300, New York, bounded north by J. p. Krupsld, east by Depot Lane, south by J. Zuhoski, west by J. and Article X, /~,o.n I~A, for permission to divide lot and create 2 lots with less than it. frontage on highway. Loca- York, bounded north by Ole Jule proper~Y: private right-of-way Hew Yo~k, 10ounded north by south by Laurel Lake, west by W. J. Wflbort & othera 8:20 P. M. (El)ST), upon appli~ <Iteek lYrlve, Southo15, New York, Section 208, and Article X, Sec- off lot with less than required old, New York, bounded north by Mill Creek Drive, east by J. A. Cassidy, south by Simon-Or- lowskt, west by P. Orlowski. cation of Oharies Becket, clark Road, SOuthold, New York, for the Zoning Ordinance, Article Section 1000A, for permission tO set off lo~ with insufficient frontage and area. Location of l~roperty: west .side .Clark Road, north by other lands of apph- by Middle Road (CR 2~), West place specified. COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-FITUCK 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- man once each week for ...... ...~..~../.£.~......~i/...~.. week/ successively, commencing on the ................ ~....~' .............. day of ........ ~'~'~'~'"'/""'~7~;'"' 19'~%"'~"~ .............................. ....... X .... Sworn to before me this ........ . .//..~...~.... day of ....... .......... ........... ......... l~otary ~b~ FO~M ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ........................ :~ ........................................... Date ....................... ~Y-. ...... ..2.~. .................. 19....6..~ ~,...G~..~ule..Lane .......................................... Mattituck N.Y. PLEASE TAKE NOTICE that your .application dated ............... .~...~.,~.Y. ..... ..2,.1!. ............... 19_.6._? for permit to ~ ...... s.e.t...oE£...lc~t ...... at thc premises located at ..... .S../..S. ..... .0..~e...,~.e .......................................................................... Street Mattituck Map ..... XX ................................ Block ...~ .................................. Lot ...... ~ ...................................... is ....... ~.~2. ..... .s.....1..o..,t...a..n~_ .c.r...e..ates :r~ll~~~ disapproved on the followin~ grounds _~_ve ........ ....... ~i.th...!.e. $..~.....t..h..g..~...! .0.0...~..t....~ .r...o...n..t......o..n.....h..i..g..h..w...a.y .,. ................................................................ ...................... ........................................... Lane lot TOWN OF SOUTHOLD, NEW YORK .APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Ra~e.~..~'.,....Da,e4~a~ ........................ of .... ~.~2,0..O~-a..~.u,G~.,Laz~e ............................ Name of Appellant Street and Number ............. ~$.~;J,.~c;~ ........................................................... ~e~-~ez,~. .......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE "UI~ING I ECTOR ON APPLICATION FOR PERMIT NO .............................. DATED .........:,?:~].~..4..t.~..~¢::~;~; ..... WHEREBY THE BUILDING INSPECTOR DENIED TO ', '~' ~ ,x/ Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Peri,it to set off lot less than 100 ~ f~on~ 1. LOCATION OF THE PROPERTY Dle...~.~e...~a..~Lt~;f~¢k..,..~..~)i~, ..................... 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.) A~to ~ Sec. ~0~ & ~t. ~ ~ec. ~O00A 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, 6.2 Cons. Laws Art. 16 Sec, 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ;,(~)~(:ha:s~'' 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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that l~orrn ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ~ sary HARDSHIP because 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 beoause 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK Sworn to this .............................................. day of ...... ................ ~o. 52-5805770 In 19~5, before zoning regulations were in effect, the applicant s~eyed (see attached copy of survey, dated had his property May 2~th, 19~5, by Otto W. Van Tuyl & Son). As the applicant intended, at some future date, to build upon or to sell a certain portion of his property, this portion was laid out with concrete markers as follows, and it is this portion for which a variance is requested - Starting on 0lo Jule Lane at the North Westerly corner of the Land of A. Anton running Westerly 80 feet, thence 210 feet Southerly to the end of the deed line, thence 80 feet Easterly to the Land of A. Anion, thence 210 feet Northerly to the point of beginning. Inasmuch as the applicant purchased his properties with the expressed intention, as verified by the survey, of utilizing this portion of ground for eventual improvement, I request that a variance be granted. The portion of the property in question is presently taxed as one parcel in with the land on which the applicant's home stands. 3520 Ole Jule ~ane Eattituok, N. Y. 11952 July 23rd, 1969e 1~, Howard Terr~ Zoning Board of Appeals Town Clerk · ~outhold, N. Dear Sir: You may recall the visit of M~s. $~okhamandm~self at you~ office with regard to a request for a va~ianoee I enclose in duplioate the ~ppeal forms (notarized) that you kindly gave us, as well as $5.00 remittance. You~ oo~sideration of the application will be greatly appreciated. Yours truly, P.S. My property is Item No. 545~ as shown on the 1968-19~9 tax bill. 0/r Pk-TOP£RTY o,~- 77'. ,I1/~ A T T / T U C ~< TO ~/A/ o,~-