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HomeMy WebLinkAbout1228 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1228 Dated December 20, 1968 ACTION OF THE ZONING BOARD OF APPEALS OF TH~ TOWN OF SOUTHOLD To J~/aes Dean New Suffbl~-; Avenue at a meetinK of the Zonin~ Board of Appeali on~ January 2 · was considered and the~action indicated below was taken on Your ( ) Request for Variance due to lack of access~o property ( ) Request for a sDecial-exceptien under the Zonin~ Ordinance (X) Request for a varianc~ to~the Zuning Ordinanc~ ( ) DATE _.~.3J~ua~... 2, 1969 AppeUant 1969 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a ~pecial exception ( ) be granted ( ~ be denied-purSuant i0 Arti~le-.....~,i~ ......... Section: '. ........... :...,.. Subsection ................... paragraph ............... ._.. of the Zonin~ Ordinance, and the decisio~ of/%he Bnilding Inspector ( )' be reversed ( ) be confinned becau~ : 8~.45 P.M. (E.S~T.), uPOn aPPl~'cati0n of~ James Dean, New Suffolk Avenue,- Cut/~hogue,-~ New York&~ for: a variance in accOrdance with the: Zo~lfng~ O~dinahC~ Ar%:[~le~ 'ri*r· Section 303,~ and ~rttcle F~ Section 1000A, for permiss~n::t0-~ec~uCe frontage 'anli area. Lo~a~ion of property: private road off south side New Suffolk Avenue, Cutchogue, New~ YOrk,~ bounded north by Iand bf' James Dean,' east by:'~and of James Deane South by -P~conie Bay,: west: by Reeve-Beachwood Subdivision% 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or hardshiv because 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 ~ 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 APPROVED Chat~u. """"-' "' .~.~-.~ ~ Bett~N~ille, Secretary After investigation and inspection the Board finds that the applicant requests permission to reduce frontage and area /n accordance with the Zoning Ordinance, Article ITI, Section 303, and Article X, Section 1000A. The Board f/nds that the buildin~ Presently .on the subject premises was built prior to the prese~ Zoning Ordnance. Both immediately to the east and /mmediately to the west of the subject premises there are other dw,ellingso Accordingly, it is impossible as a practical matter to redisign the boundary lines of the subject premises so as to conform to the present Zoning Ordinance. Due to the fact that the other properties in the immediate vicinity were also developed before the present Zoning Ordinance, to grant the variance of the subject premises would be to permit it to conform to the character and general size of the properties in the immediate vicinity. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship ur,eared is unique amd w9uld not be, ,s.ha~. e.d ~y. a.ll properties alike in the~ immediate ..vicinity o,f .this pro~erty3~.nd/~, the sam~ .use district; ,and the varianc,e~ d~ e~ observ?_ _.t~. e spirit ,of~ the~ ordinance and will not ~chang.e the character .of ~t~he d_istrict, Therefore, it wa,s RESOLVED that J.ames Dea~ New S%%ffo,lk ~Avenue, Cut.chogue,.~ New Yo~k,~ ~be GRANTED permissl?n t(n.reduce fron~t~ area on property located on private road off south side New Suffolk Avenue, Cuthcogue, New York. Legal Notice~/' medical office property: , sourh-~ bounded n°rt~ lby' Mai~n Street~:.-~ast': New Suffolk <avenue '-%o reduce frontage Location of Terry~ south by ion of James Dean~ ~ ~1 fOr a variance , fo~ permission property: private ?Cutchogue~ ~e~ York, 'east by land of Reeve-Beachwood Subdivi~ lone OF THE~ SO~OLD ~TOW/~ ~.~OARD Op A~P~ALS PLEASE PUBLISH AND SEVEN (7) AFFIDAVITS BOARD TO THE SOD~HOLD TOWN ~ YORK. COP~$ mailed to the. follow~%g on December 23, 1968: Suf °lk we ly Lefferts P, ,:Edson Eastern Suffolk N~xsing 'Home Gary Ols~n ~ NOTICE OF I~EARINGS Pursuant to Section 26? of the Towh Law and ~ preteens of the am~ ~ B~l~ng Zone ~d~n~ of ~ of ~u~old, ~ffolk C~, York, ~blic h~n~ ~H ~ held~by the ~ng ~d of Ap~ of ~e ~ of ~u~old, at the To~ ~i~, ~ln ~, ~uthold, New Y~k, Jan~ ~, 1~9, on ~e fo~ ~:~ P. M. (E~), u~n appH~tWn 1~ Herald A~nue, ~b~ York, far appm~ of a~ ~ m~ in ~n~ ~th the ~ of New York ~ ~w, ~tion ~A. ~tion of pro~y: Pfl~ ~ ~th gde Ba~ ~, ~ld, N~ York, ~und~ no~h ~ ~ P~ Bay, ~t by S. ~no. W~t ~tman R~d, Huntin~n S~- tton, N~ York, for a s~tal exce~ion in ~ce ~th the Zo~n~ ~i- nan,, A~icle ~, ~tion ~2c as f~ ~l~e ~r~ station ~it f~ ~atton of pm~rty: no~h ~ ~r- ~er of P9~y ~m~e, and ~u~ 25 (Main ~ad), Mattiluck, N~ York, ~c~ Awnue. 8:00 P. M. (~T), n~n a~plt~t~n of M. T. Ca~lla Builders, Inc., cordan~ ~th the Zontne ~t~ance, p~ ~a for pm~ ~t~i~ck ; ShovDing Cen~r. ~at~n of pro~: ~d ~ute 25 (Mgtn Road), Matt~tuck N~ Y~k, ~unded no~h by ~me~ A~c., e, st by Bethany Cemete~ ~c., ~uth by Main ~, west bY ~ A~nue. 8:15 P. M. (EST), u~n a9plt~tton North Road, O~en~rt, Hew York. for wall ~th i~u~icient height south side No~h ~d. Or~. New York, ~nded north by No~h Road, east by King G~en~ A~C. ~uth bv K~ne O~o~ A~., west by 8:~ P. M. (EST), u~n aDp~cation of Anthony Carcich, Youn~'s Avenue, ~uthoid, New York, for a valance in ~o~ance with the Zo~ng Ordnance, Article ~, Se&ion 300, Su~ection for ~rmission te ~e medical office for non residen~ physicians. ~ation of proart: ~uth side of Main ~et, ~u~hold, New York, bounded no~h Main Street, east by I. P. Terry, south by School Property, west by J. Char- 8:45 P. M. (EST), upon application i in accordance with the Zonte4~ Ordi- nance, Article III, Section 303, and iArticle X, Section 1000A, for ~ermis- cation of property: private road off south side New Suffolk Avenue, Cut-[ cheque, New York, bounded north by! iland of James Dean, east by land ofI James Dean, south by Peconic Bay,' COUNTY OF SUFFOLK STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, soys 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 ...... ~..~,¢~,~.'.~..(.~....~, week~ successively, commencing on the ............... ~....~. ~ Sworn to before me this ....... :~..~. ........ day of ........ ....... , west by Reeve-Beachwood Subdivision. Any person desiring to be heard on the above applications should appear[ tat the time and place specified. DA'~'~v: DECEMBER 5, 1968 BY ORDER OI~ THE SOUTHOLD TOWN BOARD OP APPEALS LEGAL NOTICE Notice of Hearings Pu~uant to S~etion 267 of the Town Law and the l~rovisions of the amended ~uilding Zone Ordinance of the Town of Southold, Suffolk Comity, New York, public hearings will be held by the Zoning Bo~rd of Appeals of the Town of Svuthold, at the Town Office, Main Road, South- old, New York, on January 2, 1969, on the follo~,ing. ~ppeals: ~7'.30 p.M.i~.(E.S.T.), upon applica- ~tion of ~iraud W. & Georgette Campbell 128 Hempstead Avenue, Lynbrenk, New York, for approval of access to pviva~ road in accord- mace ~vith the State of New York Town Law, ~eti0r~ 280A. Location of property; i)rivate ~oad off south s~e Bayview Ro~I~, Southold, New York, bounded north by private road, e~st by Aire~ Enterprises, south by Peconic Bay, west by S. 7:45 P.M. (E.S.T.), upon applica- of M. T. Casse!la Builders, Inc., 504 W~lt Whitman Road, Hunting- ton Station, ~lew York, for a spe- exceptic~ in accordance with the Zoning Ordinance, Article IV, Section 420~2c as it applies to Art- icle IV, Section 400-1, for gasoline service stafi~n perr~t for proposed Mattituck .Shopping Center. Loca- tion of property: north east comer of Factory~ Avenue l~nd Route 25 (~Vfa~r~ l~d), Mattitdck, New York, bdlLude~ d0rth by k~ld of proposed Mattltuek Shopping Center, east by land of proposed Mattituck Shopping Center, south by Main Road, west by Factory Aveoue. 8:00 P.M. (E.S.T.), upon applica- tion of M T. Cassella Builders, Inc., 504 Walt Whitman Road, Huntington Station, New York for a variance in accordance with the Zc~ing Or- dinance, Article IV, Section 440-6 as it applies to Article IV, Section 400-1, for reduction in landscape a~e~ and increase ~n parking area for propose~ Mattituck Shopping Center. Loca$ion of property: north east corner of Factory Avenue, and Route 25 (MaJ,a Road), Mattituck, New York, bounded north by Beth- any Cemetery A~sec., east by Beth- any Cemetery A~soc., south by Main ~oa~l, west by Factory Avenue. 8;15 P.M. (E.S.T.), upon applica- tion of Eastern :Suffolk Nursing Home, ~orth Ro~d G~eenport, New York, for a variance in accordance with .the Z~ning Ordinmnce Article IV, Section 408a~ and Article IV B, Section 441, for permission to erect grou~ld sign on.brick wall with in- sufficient height ~.bove ground level. Location of prol~rtY: ~outh side North Rom:~ C~recnport, NeW York, bounded north by Main Road, east by King Greepport Asoc., south by King Gree~port Assoc., west by King Greenport Assoc. 8:30 P.M. (E~S.T.), upon applica- ~tion .of Anthony Carcich, Young's Avenue, Southold, New York, for a variance in accordance with 'the Zoning Ordinance ,Article III, tion 300, SubsectiOn 7, for sion to use medical office for non resident physicians Location of property: south side of Main Street, Southold, ~ew York, bounded north by Main Street, east by I. P. Terry, south by School Property; west by J. Charr~ws. 8:45 P.M. (E.S.T), upon applica- tiim of Jaraes Dean, New Suffolk Avenue, Cutchogue, New York, for a variance /n accovSanea with the Zoning Ordinmnce, Article III, Sec- tion 303, and Article X, Section 1000A for' permission to red~ce frontage and area Location of prop- erty: private ro~d off south side New ~uffolk ,Avenue, Cutchogue, New York, bounded, north by land of Ja~es me~n, east by land of James Dean, south by peeanic Bay, west by Reeve- ~eachwood Subdi- rision. Any person desiring to be heard an the a,bove ag~pl~c~tio~s ~hould appear at the time and place above ~specifte~. DATED: DECEMBBISR 5, 1969, BY ORDER OF ~ SOUTHOLD TOWN ROAMED OF APPEALS ltD27 COUNTY OF SUFFOLK, ! STATE OF NEW YORK, ~ ss: .~.~... ,~(~. :~- .'~q ~<:~.~'. ~ y.;.~ ,~ ..... ~ing duly Sworn, s~s that .. ~.. is Printer and Publisher of the SUFFOLK WEEKLY TI~ES, a news~per pub~ish~ at Greenport, in ~d county; and ~at the noti~, of which ~e ,annexed is a print~ copy, has been published in the ~d Suffolk Weekly Times once in each w~k, for ....... ~ ~ ............... w~k~ suc~ssiwly ~mmencing on the . ,~ ~:~.~ ~'~, .~ f. ~ ~ ?~.~ Sworn to ~e me thi~.~.~ ~L....... 1 , } a~ of ..&~(S.q.~.[~<~.. ~0~:~.~ I ........ ...... ..... .... APPEAL FROM TOWN OF SOUTHOLD, NEW YORK DECISIO, N OF BUILDING INS, ~CTOR TO THE ZONINGJ3OARD OF APPEALS, TOWN OF SOUTHOhD, N~ Y. APPEAL NO. >~' .... DATE ..... !..>:.:/('~. !~. ~,-~, ' Name of -Appellant ..... ~St'reet ~nd Namber ......... ~.~ .......... ~t.c~..0..g.?}.e..:i,.S.;~.f.f..o.]:~.~..o.]~.t~.~ ................ ~.e.,,w...Z,°.~..k.~...,i.~HEREBY APPEAL TO Municipality ~ State ~. ~ THE ZONING BOARD' OF'APPEALS FROM THE'DECISiON OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT N~O ................................... ._._DATED ......~.~O.f~:~,~.¢,~...O. .... ~96.8. .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) ( ) JAMES DEAN Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....?...r..~y...~.t..e...,~,.O.~.d....~..;.~.; ..... ........ Street Use Disfrict on Zoning Map lv~ap No: .... Lot-No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Arti~c[e Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do ~ot~uote the Ordi,nance.) Article III-Section 303 and Article X-1000A 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordina,nce or Zoning Map A VARIANCE due to lack of access (.Stat_e _of New York Town Law Chap. 62 Cons. Laws ~Art. 16 Sec. 280A Subsection 3 4. PREVIOUS-APPEAL A previous ~appeal ~) (has not) been madewith respect to this decision of the Buil'ding Inspector or-with respect to this propertw ~ - Such ~ppeal was ( ) request for a special permit ( ) request for a variance (X) X) ) 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 the lot is not 100 feet in width due to the fact that the building presently on the lot was built before' the present zoning ordinance. 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 of the fact that the building presently on the subject premises was built prior to the present zoning_.ordinance. Both imrriediately to the ]East and immediately to the West of the subject premi~eSVtherf a-re otb-er dwellings. Accordingly, it is impossible as a practical matter to redesign the boundary lines of the subject premises so as to.conform to the,present~zuning ordinances. Due -~o~the fact that the' o~r properiies in the--im-med~aie-vicifi~ty were also developed before the present zoning ordinances, to grant the variance of the sub,ct premises would be to permit it to conform to the~chai~-ac~ter and general size of the properties in the immediate vicinity. 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 the other properties in the im~rqedi~ate vicinity were developed before the present zoning ordinances and due not conform to the present standards. Due to the fact that there is a dwelling immediately to the East of the subject premises, which wa.s also built long before the presenz z0ning, ordina'nces, t~ere is no re'alisiic- 2rid pr~ciical way of redesigning the subject premises so as to conform to the present zoning ordinances. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the ~ots in the immediate vicinity of this property would be of comparable size as would the subject property~ if the variance were granted, since the other' lots in the area were developed prior io the present zoning ordinance. In effect~ the variance would simply permit the-subject premises to conform in size and character to the other lots in the immediate vicinity. STATE O" NEW ¥OR. , I //7_ ) ss ....... ..................... COUNTY OF-%g~ ) - -- / % /~ - ' ' Signature .,, Sworn to'this .............. December 9. 1968 Mr. Gary F. Olsen0 Attorney Box 247 Main Road Mattituck, New York 11952 Dear Sir; Your letter of December 5 and enclosed survey received. Please be advised a "width of lot" variance is neoessary - Art III, Sec. 303 & Art X° Sec. 1000A - before clear title can be g~ven. This letter w~ll act as a disapproval. Enclosed please find variance forms. File in duplicate with $5.00 fee. I will hold survey for our file. Please return appeal soon so we can put ~t on agenda for January 2, 1969 meeting of the Board of Appeals. Yours truly, Building Inspector GARY FLANNER OLSeN COUNSELLOR AT LAW December 5, 1968 Re: Dean to McCallion Dear Mr. Terry: PleaSe be advised that I represent James Dean as the seller of a certain cottage at "Beachwood" to Harry J. McCallion and Edna J. McCallion. I am enclosing herewith a photostatic copy of a survey of the parcel. I am hereby requesting a Certificate of Occupancy for the said parcel. In the event that a variance is needed, I would appreciate your sending to me the necessary forms to apply for a variance in order to obtain a Certificatei~.~cupancy' With best personal regards, I remain Very t~iy yours( ~--h/ qARy FL~ANNER OLSEN encl. GFO/mrc Mr. Howard Terry c/o Southold Town Clerk's Office Main Road Southold, New York