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HomeMy WebLinkAbout1266 TOWN OF $0UTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APFEAL~ Appeal No. Dated 6/12~69 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD John R. McNulty, Esq. a/c Elizabeth Campbell To 175 GrEffing Avenue t(ouros Road Riverheads New York New Suffolk, New York Appelant at a meeting of the Zonin~ Board of AppeaLs on Thm:sday, June 26, 1969 was considered and the action indicated below was taken on your ( .) Request for variance due to lack of access to property ( ) Request for a special exeeption under the Zoning Oral--nee ~ ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of ~he Board it was determined that a s~)ecial exception ( ) be ~rantod ( ) be denied pursuant to Article .................... Section .................... Subsection .. .............. ;.... paragraph .................... of the Zoning Ordinance, and the decision of the BulldinE Inspector ( ) be reversed ( ) be confirmed because 8100 P.M.(E.D.S.T.), Upon application of John R. McNulty, 175 Grlffing Avenue, Riverhead, New York, a/c Elizabeth Campbell, Kouros Road, New Suffolk, New York, for a variance i~ accordance with the Zoning Ordinance, Article III, Section 306, for permission to construct dwelling with reduced front yard area. Location of property: suuth side I~ouros Road and~ west side of New Road, New .Puffolk, New York, bounded north by Kouros Road, east by new road,, south by Go Kouro$, west by G. Iiottros. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardshil) because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ali properties alike in the immediate vicinity of this property and in the same use district because SBB REVERSB (c) The variance (does) (dces not) observe the spirit of the Ordinance and change the character of the district because ~ RBVERSE (would) (would not) and therefore, it was further detemined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 After investigation and inspection the Board finds that the applicant requests permission to cnnst~ct a dwelling with reduced front yard area. The Board finds that the applicant has frontage On two roads, The applicant is requesting a reduction of setback On a private right of way, shown as a proposed road. A condition of granting this application is that the front yard setback must be 45 feet from Kouros Road and at least 25 feet on the easterly llne from the proposed right of way; a~d there must be at least ten feet side yard on the westerly ~ide. After investigation and Inspection the Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the .hardship create.,d ~ ~que. ~nd would not be shat'ed by all properties ~!ike in ~he imm, ali. ate v!oinity of thls property and in the same use district; and the variance ~.will not qhange the character of the district and-will obse~xve the .splri~t of the Ordl~nance. Therefore~ it was~ RESf~VED .John R~ McNu~ty'~ i75 Griffin Avenue, Riverhead, New York~ a/c ,Elizabeth Campbell ~ Kouros Road, New ~Suffolk, New York, be granted permission to construct dwelling with reduced front yard area, subject to the above mentioned conditionst Location of property: south side Kouros Road, and west side of new road, New Suffolk~ New York. ~ LEGAL NOTICE Notice of Hoa~%l~ ' I ~t to ~ti~:~f the , TOwn Law and ~provisi~of the a~emied Building ~ZOne Old,lance of the Town of Southold, Suffolk ~County, 2qew York, public hearings t wili be held by the Zoning Board of Appeals of the Town of South- old, at the Town Office, Main Road, I Southold, ~ew York, on June 26, i 1~69 on the fo]lowing appeals: 7:30 P.M. (E:D.S.T.), upon appli- cation of Donald L. Smith, North Sea Drive & Ke~ny's ~R~ad, So~lthold, New' York for a special ex~epti0n' li.n. accordance with the ~l,g Or- dinance, Article III, Section ~00, .~ubsection 10, for ~on to 'erect an off premises direcUoBal ,sign. Location of ~re~erty: land of C. W. Booth, south side ~of ,Middle l~oad (C1~27), Southold, New York, bounded north by Middle Road (CR 2~), east by Tucl~ers Lane & others, south by railroad, west by W. E. Hufe & others. 7:40 P.M. (E.~.$.T.), upon appli- cation .~ J. T. Dimon, Ruth Lane, Green~'~ New York, ~l( a ~variance in acc,~ce avith ~.Zoning Or- dlnall .~.~..,~r~.~cle II'I,*~e~ection 300, ~t~bsec~i~, for pe[misston to erect accessory building in front yard area. Location of propert~ west side of private road (Ruch Lane), Greenport, ~ew York, by E. Toan, east by hounded north private road (Ruch Lane),'~outh by right-of-way, west by Arshamom- ague Pond. 8:00 P.M. (E.D.S.T.', upon appli- cation of John R. McNulty, 175 Grff- ting Avenue, Riverhead, ~Iew York a/c Elizabeth Cam~beli, Kouros ~oad, ~lew Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec~ tion 306, for permission to construct /lwe~ing ~rith reduced front yard area. Location of property: south side Kouros Road and west side of ~ew road, Cqew Suffolk, New York,~ bounded north by Kouros Road, east by new road, south by O. I~ouros west by O. Kouros. 8:15 P~M. (E~D.S.T.), upon appl/- cation of Port of Egypt, Main Road, Southold, Hew York, for a special ex~ition in acqordance with the ZOning Ord/nance, Article IV, Sec- tion 408, Subsection (a), for per- mission tO replace a roadside direc- tional sign. Location of property: north side Main Road, Lot No.'s 13 to 16, Ma~ No. 539 C. L. Sanford /~rick Co., ~Southold, 1New York, b~unded north by L. L Railroad, east ~by Koke, south by Main Road, west by Oates. 8:30 P.M. (E~D.S.T.), upon appli- cation of Alexander & Harriet Scott~ 286 Ivy Avenue~ Westhury, ~qew York, for a variance in accord- ance wi~h the Zoning Ordinance, Article III, Section 304, and Article III, Section 308, for permission to bnild new one family dwetiing with reduced front yard setback Loca- tion of property: private road on west side of 6th Street, Greenport, ~ew York,:bounded north by W. H. Braun, east by Village Line, south by F. C. Ashby, ~vest by private road. Any person desiring to be heard on the above applications should appear at the time and place above specified. .DA'J~.~D: JD-NE 12, 1969, BY OR- DeR OF TH~ SOUTHOLD TOWN ]~OARD OF APPEALS ltJu20 **K, ] ~RK, ~ ss: · ~P~. ~ ..... Being duly Sworn, Printe~ und PuBlisher ~f the SUFFOLK ewsp~per pubUshed ~t Greenpoft, in s~id notice, of which the ~nnexed is ~ printed ished in the ~id Suffolk Weekly Times ~ ......... ~ .............. week~ .cin~ on $~e . .~ ........ ......... this . ~n ~.'.. I F.[.AN(;TON CORWIN qotarv t'ublic, State c New York Suffolk Co. Official No. S2~)??0.500 Commission Expires March 30, 19,.,,, by O. ]~ouros, ~eest by 0 ~otu~', 8.~6 P. M. ~B~I'), upon COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MA'rI'ITUCK 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- each week for ......... (-~,,~/Z~:-...(.-.g/ weeks man once ............ .... Sworn to before me this ....... ~..~. ........ day of ... //~-~ -Z.:-~: a;¢: ....... , 19..~'~;x..~-.~ ............. ........... ADELE PAYNE Commission £xpi;es March 30, 1971 ~O~M ~0!. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ~OTiCZ OF DISAPPROVAL File No ................................................................... Date .............. .~ ..... !._..~. ................. 19.~..~.' ...... ; .... ~'""'"~'")~)'T~ ..... ~ ...................... v .... ~ ~ ~. ~ ~ ~ ~ ~/~-~ ....... ~...~/:.~..~~....~.~ Street ~~~ ~ t-~urn~]c~'owith ~nd disapproved on the ~o]lo~n~ ~rounds ....... ~~ ...... ............. ~....~.~.~ ..... ~ ....... ~.~..~..~.~ ............. ~~ ................ ..... ~ .... .~..~.~.....~..~..~ ......................................................................................................... NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ............. ,. ..... ' ................... , 19 ........ Permit No ............................. Disapproved a/c .............................................................................................. Application No ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT ......... .................... , .... I NSTRUCTI ONS 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 issuance 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~ Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, aj;~th.er applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for~4~j~val or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, buijJ~nj;~~~sing,,code, a~nd regulations. ..... ..... ................. ............................. State whether applicant is owner, lessee, agent, architect, engi.n'eer, general contractor, electrician, plumber or builder. Name of owner of premises ......... ~,~.~.~..~...~.~...~..~.~ ........ ~...~.,~...~....~././. ........................................................................ If 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 No.: ........................................ Lot No.: ' Street and Number .......... ~-'~f).~.~...~'..~...~.....~~....~.../. .... ~J.~..q)....'.....~....~...~.'l.~..~..,~/.%..~.~. ........ · ..................... Municipality State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Ex sting .use and occupancy .....' -- '~''...X¢...~..~ ........ ~/~c~:~:~~:~```~:~~]~._..- b. Intended use and occupancy ................. ,~,, 4~.,,',~, ......... :~,, ~,,, J~.x¢ ~/~' ~--'f~,r //? '" 8. Nature of work (check which applicoble): New Building ........... Addition .................. Alteration .................. Repair .................. Removal .................. Demolitior- ..................Other Work (Describe) ........................................ 4. Estimated Cost ....... ..~....~..~-.....-J~... .......................... Fee .......................................................................................... (to be paid on filing this opplicotion) 5. If dwelling, number of dwelling units ...... ..~...~...~-- ....... Number of dwelling units on each floor .(~.~..~,~ ............... If garage, number of c~rs ..... .~O...~....~. ......................................................................................................................... 6. If business, commercial or mixed occuponcy, specify noture and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front .................................... Rear ............................ Depth ................................Height ............................Number of Stories ................................ 8. Dimensions of entire new construction: Front ......... .7..~.. ................... Rear ....... ..~.......~.. ........... Depth .....~.....~. ............. Height .................... Number of Stories ...;...~..~.~ ........................................... ~-~ ..................................................... Size of lot: Front .......... .(~..~.:~.~....., Rear .../..(~.~. ................... Depth .....('..~.....~.. ................,, 9. Date of Purchase ........... ~./~.~-Z~-.~· ....................... Nc;me of Former Owner ~.l~.//ll~'.~..~...0./,(~.~..~. 1 1. Zone or use district in which premises are situated ..~. .............................................................................................. 12. Does proposed construction violate any zonina law, ordinance or r. egu~c~ior??,-,~...~..~. ............................................. 13 Name of Owner of premises .~..~..~...~.~/./^ddress .K~..~....q/.e.~..'('~.~...~.c..~'~ Phone No ..................... Name of Architect ................................... -~ ................. Address ................ :.;...,: ............. '~"7:' Phone No ..................... Name of Contractor ....g/~..l~-~....T.-.......-~...~/[.~. ...... Address ...~.~L~'~.C ./~'...~..~.....~..~-.. Phone No ..................... PLOT DIAGRAM Locate c early and distinctly all build ngs whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or descr pt on according to deed, and show street names ancl nd cate whether it~terior Or corner lot. STATE OF NEW ~'ORK, ,. COUNTY OF ...._S'.~.E-.J~IS, .......... ~ ' ' 16 .~ ~,(~L~,~..-/~ ~ngduy.orn, d~os an sayst he is t~ applicant (Nome of individual signing ~licotion7 ',, ........................................................... .................. : ........... ......... :": ............... of sa d owner or owners, and is duly authorized to perform or h~e perfor~ th~id work and to rake ~ file this application; that a statements contoined in this appliCation are tm~o ~e ~st of his knowl~ge and belief; and that the work will ~ performed in the manner set fo~h in the applicati~fil~t~e~h. Sworn to ~e~e me this .......................... APPEAL FROM DECISION OF BUILDING INS, ~.CTOR TO THE ZONING BOARD: OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. /~/' 1, (We) ..¢..0~,. ~.,.:.]~N. ul~y .................... : ....... of ....17.~.. ~.=-~ Cf. iz~..&=e~ ~ ........ ~ ............... Name of Appella,nt . Street and Nu~mber ........... ..~.~..~..e...~.~.e..§~.~..:,. ................................. i ................ i.... ....N.,.~. ............... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUtL~ING/IN.SPECTOR ON APPLICATION FOR PERMIT NO ................................. .... DATED .......... .~.I~....~C. Li.~..f. ........ ............... WHEREBY THE BUILDING I~SPECTOR DENIED TO ........... E .... a m e ; A ¢ c o ; 't" "C i t ............... Street and Number Municipality State ( ) PERMIT TO USE, ( ) PERMIT FOR OCCUPANCY (Z) ?Fn~Z¢_IT TO BUILD 1. LOCATION OF THE PROPERTY ....~..o...~..~.~..l~..o.~..~.~,..~..e..~....¢.~C,~..o.~¢...}~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.) Art III Section 508 3. 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 ~;:B~(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 the owner of the subject premises wishes to erect a dwelling house but is experiencing practical difficulties because of the size and location of the lot and the proposed house and attached garage and needs a reduction of the side yard which under the ordiance is deemed a front yard because of a corner lot~ l~orm ZB! (Continue on other side)- REASON FOR APPEAL continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the owner purchased the lot on August 30~ 1958 prior to the adoption of the Zoning Ordinance. The ..lot is a corner lot wh~c,~ as ye t at the intersection of Kouros 'Road and a proposed road ~ ' had not been opened, improved or dedicated° The ordinance requires a 05 foot set-back from the proposed road, however the proposed 5 bedroom ranch house with attached ge. rage wzl~ not ~it on the lot ~less the front yard fronting on the proposed road is reduced to 28 feet~ 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 petitioner purchased the lot prior to zoning~ this is a corner lot with a greater frontage on the ~uimproved road than on the improved road~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because by keeping the garage attached to the ranch~house~ property values will be retained or increased. The reduction of the front yard on the unopened street will only affect approxima, tely ~ or $ lots~ The unopened street will not be a major thoroughfare and Kouros Road is not a busy street or t~hroughfare~ STATE OF NEW YORK ) ss COUNTY OF ~tT~OL[ ) Sic S· 1~ , · JU~ worn to this ......... ..................................... aay or ........................................................ 1989 .................................... : ......................... :, ~E ~. 8 G. T~R~y~ ~ Notary P~i]~"~' ~or_,~ ~uc, s,.~. o~ ~. ~ Residing in Suffolk County No. 52-3954850