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Home My WebLink About1306 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~IG BOARD OF APPEALS Appeal No. 1306 Dated November: 17, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTNOLD James E. Catlahan To Central Drive · Mattituck, New York at a meeting of the Zoning Board of Appeals on December 11, was considered and the action indicated below was taken on your ( ) Request for variance due %0 lack of ~cess to property ( ) Request for a special exception under the Zoning Ordinance ( ~ Request for a variance to the Zoning Ordinance ( ) DATE.~gr 11,1969 1969 Appellant 1969 the appeal 1. SPECIAL EXCEPTION. By resolutio~ of the Board it was determined that a special exception ( ) be granted ( ) be denied p~ursuant to Article .................... Section .................... Subsec,tion .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be, reversed ( ) be confirmed because 8:00 P.M. (E.S~T.), upon application of James E. Callahmn, Central, Drive, Mattituck, New YOrk, for a variance' in accordance with the Zoning Ordinance, Article IIi, Section 307, for permission to construct addition to existing dwelling with reduced sideyard, area. Location of property: north side :of Central Drive, Mattituck, New York, Map of Captain Kidd Estates,.. Lot %' 91. 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 (would not) SEE REVERSE 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 FORM ZB4 ) be denied and % , ~-;,,~ ~'~ l']l~ ~ZONING BOARD OF APPEALS ~'~'..'~ !~~f--~ ille, Secretary ~=~ ~ ~ { Southold T~n Board of Appeals After investigation and inspection the Board find~ that the applicant requests permission to construct addition to existing dwelling with reduced side yard area. The app!ic~n.t states that this attached garage is a physical necessity. Due to .the chimney which would protrude 18 inches into the ig~rage, t~, e~!de yard would have to be reduced to g' 6". The Board finds that the applicant's lot is on an approved filed map. therefore they feel that the applicant should be granted relief. The Board finds that strict appli~ation of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be sha=ed 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 district and will observe the ~irit of the Ordinance. THEREFORE, IT WAS RESOLVED James E. Callahan, Central Drive, Mattituck, New York, be GRANTED permission to construct addition to~existing,dwel!in~ with reduc~ s~d~y~r~ ~rea as applied for on proper~y !ocatedon ,~D~thside, of C~ntral~Dri~e, Mattituck, New Yo~k,%Map of Captain. Kidd Estates, Lot % 91. Vote of theB~aru: Ayes:- Messrs: Giii~spie, Bergen, Hulse, ,Grigonis., Legal Notice Page -2- by Railroad~ east by HoEo Tut~hill - Hagen~ south by Main Road~ west by William Wickham Estate~ 8:00 PoMo (E.SoTo)~ upon application of James Eo Callahan~ Central Drives Mattituck~ New York~ for a variance in accordance with the Zoning Ordinance~ Article IiI~ Section 307~ for permission to construct addition to existing dwelling with reduced sideyard area~ Location of property: north side of Central Drive~ Mattituck~ New York~ Map of Captain Kidd Estates~ Lot 8:15 P~M~ ~oS~T.)~ upon application of Gruhill Construction Corp~ 3356 Route 112~ Medford~ New York a/c Edward Dennis~ 228 West Rivers D~ive~ Llndenhurst~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 307~ and Article III~ Section 305~ for permission to build new one family dwelling with insufficient sideyard area~ Location of property: west side of Westview Drive~ Mattituck~ New York~ bounded north by J, Molli~k~ east by Wcstview D~ive~ south, by J~F~ Hurley~ west by Mattituck Creek° 8:30 P~Mo (E~S~T~ upon application of Marcia Eo Downs~ 1230 Watersedge Way~ Southold~ New York~ for a special exception in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 5 ~)~ fo~ p~rmission to use existing dwelling as two (2) family rasidenceo Location of property: north side of Watersedge Way~ Southold~ New York~ bounded north by R~S~ Soper~ east by Gin Lane~ south by Watersedge Way~ west by Mason° NOTICE OF HEARING Pursuant to Section 267 of the Town Law and the provisions the amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, pub- lic hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Seuthold. New York, on December 11, 1969 on the following appeals: 7:30 P. M~ (EST), upon appli- cation of Severius Lambros, 24 Ellington Drive, East Northport, cordance with the Zoning Ordi- nance, Article III, Section 305, for permission to build new one famAly dwelling with reduced front yard setback. Location al property: north side of Ruth Road, Mattituck, New York, bounded north by Lots 189 & 190 of Capt. Kidd Estates, east by Basis, south by Ruth Road, west by J. Murphy. 7:45 P. M. (EST), upon appli- cation of Leslie King, Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Ar- ticle III, Section 300, Subsection 5(d), for permiesioa to main- tain stable on premises of other than the owner of the horses -- part of property owned by Middle Main Associates. Lo- cation of property: North side of Main Road, Cutchogue, New York, bounded north by Railroad, east by II. E. TuthiH-Hagen, south by Main Road, west by William Wickham Estate. 8:00 P. M. (EST), upon appli- cation of James E. Callahan; Central Drive, Mattituck, New ance with the Zoning Ordinance, Article IH, Section 307, for per- mission to construct addition to existing dwciling with reduced sideyard area. Location erty: north side of Central l~rJve, Mattituck; New York, i~a~ of Captain Kidd Estates, Lot Nfl. 91.. 8:15 P. M. (EST), upon appli- cation of Gruhill Constr~cgion Corp., 3356 Route 112, Medford, New York a/c Edward Dennis, 228 West RiYera Drive, IAnden- burst, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, and Article III, Section 3~, for permission to build new one family dwelling with insufficient sideyard area. Location of prop- erty: ~west side of Westview Drive, Mattituck, New York, bounded north by J. Monlck, east by Westview Drive, south by J. F. Hurley, west by Mattituck Creek. COUNTY OF SUFFOLK i STATE OF NEW YORKI ss: 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 Traveler-Mattituck Watch- man once each week for .............. %.....~../(...~... day o ........... ....... ........................... ........ Sworn to before me this ......... ~. ........... day of ....... ........... Notasy Public ~'~' 8:30 P. M. (EST,, upon appli- cation of Marcia F~ l)owns, 1230 Watersedge Way, Southokl, New York, ~or a special exception in accordance with the Zoning Or- dinance, Article HI, ~ection 300, 8ubsegtion §(b), for permission ~o use existing dwelling as two (3) family residence. Loc~tion of peoperty: north aide of Wato ersed~e Way, 8outhold, New York, bounded norU~ by R. S. Soper, east by Gin T~-e, routh by Watersedge Way, West by Mason. Any person desiring to be heard on the above appltcatiomz ~hould appear at 'the time and place specified: DATED: NOVEMBER 13, 1969, BOARD O1~ .APPEALS ADEL[ PAYNE Nota~'y Pu#lic, Stale ol Clew Yof~ Residi~ m Stdislk County No. Commission ~pirss March ~, 1971 LEGAL NOTICE ~- NoUce of Hearir~s Pt~sua~t to Section 267 of the Town ~ and the provisions of ~e ~d~ Buii~g Zone Ord~- ~ce of ~e Town of Sou~old, Suf- folk County, New York, ~hc he~in~ will be held by the Zon-' lng Bo~d of Appea~ ~ the Town of Sou~old, at ~e Town Office, Main ~d, Sou~old, ~ew York, on D~em~r 11, 19~ on the foll~ing~ 7:30 P.~. (E.S.T.), upon a~lica- ~n~n ~ive, ~st No~o~, New ~th the Zo~ ~inance, A~icle b~ld new one fam~y dwelling with : reduc~ f~nt yard se~ack. ~ati~ ~of ~operty: hor~ side of Ruth Road, Mat~tuck, New York, ~und- e~ no~h ~y ~ts 189 & 190 of Capt. ~dd ~s, east by Basis, ~uth[ ~y ~uth ~ad west by J. Mushy 7:45 P.M. (E.S.T.), upon applica- 300, Subs~tion 5(d), f~r pe~ission ~s~te. 8:00 ~.M. (E.S.T.), ~on ~plica- l Drive, ~att~tuck, ~ew Y~k, for a ~ Zoning ~dinance, ~ticle III, Sec- D~, ~t~tuc~ ~ York, Map of Cap,in ~dd ~s, ~t ~o. 91. 8:15 P.M. (E.S.T.), ~n a~hca- a/c E~d Den~, 228 W~t ~v- ~e~ D~ve, ~ndenh~st, ~ York, 305, f~ pe~si~ to b~ new one fa~ dwe~ with ins~cient ~de~rd ~ea. ~fion of p~p- e~y: w~ Mde ~ West~ ~ve, no~ by ~. Mo~ick, ea~ by West- ~ ~ive, south by J. F. ~ley, w~t by MaRituck Cr~k. 8:30 P.~. (~.S.T.), ~on a~lica- fion of Ma~ia ~ D~ns, 123~ ~rs~ge Way, ~th~& ~ew York, for a ~i~ ex~ption in acc~- ance wi~ ~e Zo~g O~an~, j~le III, ~fion 3~, Sub--on 5(b), for pe~ission ~ ~ ~sfing dwe~ng as ~o (2) f~ily r~i- dence. ~at~n of pro~y: n~ ~de of Wate~ge Way, S~t~l~ ~ew Y~k, bounded nor~ by R. S. ~er, east by Gin ~ne, sou~ by Wa~rsedge Way, w~t by Mason. ~y person desi~ ~ ~ hea~ ~ at ~e ~e and p~ce ~ci- fi~. DA~: NO~ 13, 1~9, BY ORD~ OF T~ SOU~OLD TO~ ~ OF ~PEA~ COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: .. ,~.~.qc~.?.,.~.~. (~ ~ ~ing duly Sworn. ..... ~.~ ~ ~..~,:-. .... s~s that .. ~;.. is Printer and Publisher ~f ~e SUFFOLK ~EEKLY TIMES, ~ news~per pub~sh~ ~t Greenport, in ~d county~ ~nd ~at the noti~, ~ which ~e ~e~d is ~ print~ ~py, h~s ~en published i~ the ~d Suffolk Week~ Times ence in eech w~k, for ....... ~'8~., ............... w~k~ L ............ Swe~ t~ ~fo~e me this ..,~.~[~:... t ~f~ oik Co. [~f [~x~,.. March 30, 19~ t TOWN OF SOUTHOLD BUILDING DEPAI~TMENT TOWN CL:Et~K'S OFFICE SOUTHOLD, N, Y. NOTiCe- OF D!$APPROYAL File No ................................................................... Date ........... lqOV- ........... 4--~- .......... ~ ................. 19..6~ ......... F~'~i'~ ..... ~ ~'; ..................................... PLEASE TAKE NOTICE that your .application dated ................. ~,~ .......... .~.~ ..... ..,. 19...~.~ £or permit to construct ...~...~~)~ ......... at the premises located at .... ~./~ ..................... ........... ~'~B~'i~' .... ~D~i$~ ......................... Street Mattituck Map ~'~'-~'i~'"~'M~ .......... Block ......................................... Lot ........ ~.] ........................ ~. is returnea herewith and disapproved on the followin~ grounds ~'~: ..-, ~ '~ ~ .:~,,,..,,~ '~"~' .... .~.~,.~~~,,~.x~.~:,, """ ' ....... ;~'" .......... ~f.f~c.i~n~ ............... ............ ~id~"y~r~ ..... Art'"~-~-"~c~i~m-..~O.~ .............................................................. ~ .................... FORM NO. 1 TOWN OF $OUTHOLD BU,LDING DEPARTMENT TOWN CL£RK'S OFF,CE SOUTHOLD. N. Y. Examined ...... ./...~...~.., ........ (..,-~.. .......... . 19..~....~.. Approved ........................................ , 19 ........ Permit No ............................. Disapproveda/c......~...~?..0~.....~x~r,~c~-,~.~-- - ~c_~ ? O Application No ............................. APPLICATION FOR BUILDING PERM['~ Date ..... ]~v.e~l~e=.. 3,7., ............................... 19..6c) ...... I NSTRUCTI ON S 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 Jssuonce of Building Permit. d. Upon approval of this application, the Building Inspector will 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 sh.all be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pur.suant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordin.ances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinar}(~, building code], hok~sing code,~\and regulations. · (Address of ~pplic~n~) State whetherapplicant is ownerclessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises .............................................................................................................. [f applicant is a cOrporate, signature of duly authorized officer. (Name and title of corporate officer) .~ .~ Location of land on which proposed work will be done. Map Nc~=~P.~e, iz~.~clcl..Es.~,t~e,=. Lot No.: ...~ ................. Street and Number ~i ~e~l D~ive~~ ~a~¢i~,. · ~, ~, ............. Municipality 2. State existi.ng Use and occupancy of premises and intended use and occupancy of propos~ construction: ~ a.: EXisting use and occupancy ................ .~~ ................... ~ ............................................................................ b. Intended use and occupanCy .............. ~$~9~ ........ ~,~Q..e~..~ .............. :..;,.j.~.j.j. ........ .j.._ ....... 3. Nature of work (check which a --" cable): New Bu:jlding .................. Ad( n .... 7~ ........... Alteration .................. Repair .................. Removal ..................Demolition .................. Other Work (Describe) ........................................ 4. Estimated Cost ...... .$:...],.~}P.g.,.g.g. .................................. Fee ..... .~...5o::..O~.. ........................................................................ (to be paid on filing this application) 5. If dwelling, number of dwelling units ....... ~.~.e........, ......... Number of dwelling units on each floor .... ..o~...e. .................. If garage, number of cars ................ ~.~..~ ....................................................................................................................... ~6. If 'business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ...45.~.:.~ ............... Rear ...~.A.~. ...................... Depth ..~.~.~ ............ Height .~_.,~.~ .... [~.~. .... Number of Stories ......... .o..~..e. .................................................................................................. Dimensions of same structure with alterations or additions: Front ......... ..~.~.~. .................... Rear ....~.~.~. .................. Depth ....... ~.8..~. ................... Height .~.?..?..~......]:~ ........... Number of Stories ..........O.~ ................. 8. Dimensions of entire new construction: Front ....... .~.g.! ....................... Rear ...... ~.~. ................ Depth ~?. .................. Height ~.~L.~. .... .1..8..~... Number of Stories ............. ?...~..e ................................................................................................... 9. Size of lot: Front ..... ?..0. L ................. Rear ....... ~.". ....................... Depth ...~.~..~.!....~..~.~}..?~..~.? '~D~t' ~e~¢ 10. Date of Purchase ...~D~..$]- ............................ ~.~..~. ...... Na.me of Former Owner ....~.D~..?..~.¢.~] ............................ 11. Zone or use district in which premises are situated ........ .A.. ..... .].t..e.~.,. ............................................................................ 12 Does proposed construction violate any zoning law, ordinance or regubtion~ ........................................................ ~Zc~r~ ~. ~]g~.~ ~4~ .... ~Z ~eJt~;z~a~ ~ve Phone No2~8 4~¢) .... ]3. Name of Owner of premises ........................................ r~u,,:~ Nome of Architect ...................................................... Address ............................................ Phone No ..................... Name of Contractor ...A..~?.~.~....~.~.~..~.. ....................... Address ~?~....Tg].e:...~..~....O...A~...e.~... Phone No.?.~..~?A .... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions frorn property lines. Give street' and block number or description according to deed, and show street names and indicate whether interior or corner lot. ~ I i~ STATE OF NEW YORK, counTY OF .............................. . ~:~.~]~~~~]~ ................. b~ing duly sworn, d~oses and s~ys that he is the applicant 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 make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and tha~ the work will be performed in the manner set forth in the application filed therewith. Sworn to bef~e me this~ ~ ~ ' ~ t ~ / I 0~ day of .} .......... ""7 ...... ~'. , ' "~' ...... '7 ...... ..... No. 52-3233t20 Suffolk County Ter~ Expires ~aro~ 30, 'row. sou .o , APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO./c~) g TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..~a~;D~-"Oa~'~.'~: .................... .~.t....of ....... ~Z..0~%~a~..D~.l.v~ ................................... ~Name at /~ppella,nt Street and Number ..................... ~¢:~,i.~'uak. .................................................... 3:~w..¥o~k ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD O'F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED .~i ~w~,~. .... ~ .... :... ...................................................... 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 ...~l..~.¢~al..D~z£v.~ ................................. ].~..A..7...~.~., .......... Street Use District on Zoning Map ..... ................. ............. z. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Article 3, See~io~ 307 , Sub- TYPE OF APPEAL Appeal is made herewith for 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 appeal ~ (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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ,s requested for the reason that we ~Sh te ~6' wide, ~sme ~o be ~aohed to p,~e~ent now Ueed as ~esidenoe. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~i~k £i~i~e ~t~ohe~ ~e ou~i~ w~I1 me~s~i~ ~'lon~ by 18" w~de. Due to the firerlace it is not possible to park ~o full size ca~s ~n the ~arage and still conform with the present zoning 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 called for ~ attached garage. Due to lack of fumds at the time this portion of the building was not constructed. Due to a ve~ serious illness which occ~red Jume 30~ 1969 this ~eszd~.~e be ~ed f~l tim~ ~ th~s ~ar~e is extremely necessary~ ' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because There are ~imii~r re~ion~ of ~idc ~rar~s on th? three ::ieces of property adjoining my pro~erty~ In add~t~or~. ~ _ ~ ....... tae~ ~e,~_ ~!~o ~~=~.~ reductions of other ~o-,~rti~s i~ the '~--~ ~ .... STATE OF NEW YORK ) \ ;~,.~.~..i0...~,.' COUNTY OF ) , Signature Sworn to this ..................................... day of ......... ~..~. '~/. ............. 19