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HomeMy WebLinkAbout1263 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEAL8 Appeal No. Dated ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD J. T. Dimon To 2uch L~ne Greenport, New York 119~ Appellant 26, 1969 at a meeting of the Zoning Board of Appeals on T waha considered and the action indicated below was taken on your ( ) Request for variance due to l~ck of access to property ( ) Request for a special exception under the Zoning Ordinance ]( ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the ~oard 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 ? :40 p,,b~. (~.oD.S.T.) s Upon application of J. To Dimon~ Ruch Lane, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection 6, for permission to erect accessory building in front yard area. Location of property: west side private road (Ruch Lane), Greenport, New York, bounded north by E. Toan, east by private road (Ruch ~Lane)~ south b/y right of way, west by Ar shamomaque Pond. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardshio because 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 (c) The variance (does) (does not) observe the spirit of the Ordinance and change the character of the district because (would) (would not) and therefore, it was further determined that the requested variance ( and that the previous decisions of the Building Inspector ) ApPrOVED ' " ~NING EOR / ) be granted ( ) be denied be confirmed ( ) be reversed, BOARD OF APPEALS Barbara C. Dittmann, Secretary After investigation and inspection the Bo~d finds that the applicant requests permission to erect an accessory building in the front yard area. Said accessory building is a private garage. The Eoard finds there is not sufficient space to locate the garage in the legal rear yard area. A condition of granting this variance is that the garage shall be located 10 feet from the present easterly line of the house, and the southerly side of the garage shall be no closer than 15 feet to the right of v~ay. The Board points out that this lot has frontage on two streets, thus further reducing the rear yard area. The Board finds that strict application of the Ordiance would produce practical difficulties or unnecessary hardship; the hardship created is undue and would not be shared by all properties alike in the immediate vicinity ~f this property and in'the' sa~e' use district; and the variance does observe the spirit of the 0rdi~ance and will not change the character'of the district. ' Therefore, it was RESOLVED J. T. Dimon, Ruch Lane, Greenport, New York, be granted permission to erect an accessory budding in the front yard area, subject to the condition set forth kbove. Location of property: west side of private road (Ruch Lane), Greenport, ~w York. ?J30 l,,,l~l. CIi. D.$.T.), Upon m~.:L~4~Lm of IMn&td' fh~lbsoot:ttm 2.0. ft~ ]ptrA,tte:bm to erect an off iPreu,tmm ~ ~ l~y ,'~.4~L~ Rm:e. (~.~7), mt. by ,A'ucJters /.,,nine i or. berm, mcukh '~r ~d.A,l~'~, ve~-~.l~, hb & Gt:hS~. LEGAL NOTICE Notice of ~n~ Pursuant to Section 267 of the ! Town Law and ~he provisions of the ~amended Building Zone Ordinance of the Town of Southold, Su~olk I County, Ne~v York, public hearings will be held by the Zoning Board of Appeals of the ~own of South- ~l;d, at the Town Office, Main Road outhold, New York, on June 28 . 1969 on the following appeals: 7:30 P.M. (~.$.T.),~ Upon appli- cation of Donal~l .~I?* S~, North Sea Drive & Kenny~Road' Southold, New York, for a Special except}on in accordance with t~,e ~Zoning Or- dinance, A~ticle IZI; ~'~section 300, S~'bsection 10 for ~s~ion to i erect 'an off premises directional ~ign. Location of property: land of ;C. W. Booth, south side of 'Middte j1%oad (CR27), So~thold, New York, bounded north by Middle Road (CR 27), east by Tuckers Lane & others, south by railroad, west by ;W. E. Hufe & others. ~ 7:40 ~.M. (E~D.S.T.), upon appli- ~cation of J. T. Dimon, Ruch Lane, Greenport, New York, for a variance in ~_~_ dance ~vith the Zoning Or- ''din .~., Article III, Section 300, Subs~tion 6, for permission to erect accessory building in front yard area. Location of property:. west side of private road (Ruch  a~.e~, Greenport,New . York, private road (Ruch Lane), South by ~ight~of-way, west hy Arshamom-~ ague Pond. ' · 8:00 P.M. (~.D.S.T.,, upon appli- cation of John R. Mc_Nulty, 175 Grif- ting Avenue, Riverhead, New York a/c Elizabeth Carn/obell, Kouros Road, ~Iew Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec- ~/ti0n 3.06, f0r permission to construct ~'~ ~lth reduced front yard area. Location of property: south side Kouros Road and west side of new road, ~ew Suffolk, New York ~.K, bounded north by Kouros Road, east by new road, south by O. Kouros, west by O. Kouros. 8:15 P.M. (~T~D.S.T.), upon appli- cation of Port of Egypt, ~/Iain Road, Southold, New York, for a special ext'opltion in acclordance with the Zoning Ordinance, Article IV, Sec- ~ 408, Sl~bsection (a), for per~ mission to replace a roadside direc- tional sign. Location of property: north side Main Road, Lot No.'s 13 to 16, Map No. 539 C. L. Sanford 'Brick Co., Southold, ~ew York, bounded north by L. I. Railroad ! ~ ss: ~.~... bein~ duly Sworn. Printer and Publisher of the SUFFOLK ;wspaper published at Greenport, in said iotic~, of which the annexed is u printed ~hed in the said Suffolk Weekly Times r ....... 6~. ce._ ................ week~ ~ing on the .. ,.~~ ....... appear at ,the time and place above specified. BAT{ED: JUiVE 12, 1969, BY OR- EIER OF THE SOUTHOLD TOWLN' BOARD OF APPEALS ltJu20 east ,b~ Koke, south by Main Roa~/', west by Oates. cation of Alexander & Ha;~let ~-?' ~ott 286 Ivy Avenue, Westbury, ~' ;'' '~'' '~~.~ .... ~ew York, for a variance in accord-.this .~ .... ance wi~ the Zoning Ordinance, t ~cle Ill, Section 304, and Article[ 19~.. III, Section 308, for per~ssion to ~ ..... ~ ,*~. reduced front yard setback ~ca-~'~ ..... ~ ~'~.']~ ............. tion of pro~rty: private road on ~. ~'~?~ ................ w~t side of 6th Street, Greenport, ~ ~ew York, bonded north by W. H. ~ Bra~, east by Village L~e, south~ by F. C. ~hby, ~st by private~ Sul'l'olk Co. Official No. 524)770500 the Zontn~ ]~d of App~t]s of the Town of Southoid, ~ ~e ~ ~, M~ ~, ~th- ~, ~w Yor~ ~ fo~o~ ap~: ~:~ P. ~ ~), u~ p~ ~ ~Id ~ ~t~ M~e ~, ~on ~, ~ti~ ~0, for ~n ~ of ~: ~ of C. W. ~ mu~ ~de of ~W.E.~~ p~ of J. T. ~on ~ e~ ~on of ~: ~ ~h ~e), ~f~y, ~ A~ue, ~i~r~, ~ ~, New ~ N~ Y~ for ~ ~n~ ~ ~- ~ ~th the ~ ~, ~cle ~, ~ ~ ~ ~nt ~ ~ ~d ~ ~, N~ ~ o. ~, ~ b~ O ~. ~ ~ ~ of ~ the ~nff ~, ~, ~ No~ ~ ~ 16; ~p ~o ~u~M, N~ Tor~ ~h~ I.~,~ 8:~ P. M. ~, u~ ~tl~ of ~e~r ~, ~ ~ Awnue, N~ ~ork, for ~: p~ ~e ~ 6th S~t, ~n~, N~ ~, ~ no~h ~ W. ~ r~. h~ ~ the a~ve s~d ~r ~ 0~ OF '~ 1T~19 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-I'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 Islond Zraveler-Mattituck Watch- man once each week for .......... successiv?v_,.~omm~ encing on the ............~...../..~.........."' ~. ....... day of ....~.%~..~5.~....../~., 19.~...~..7 Sworn to before me this ........ ~,L,~ ......... day of .... .......... ............. ...... ........... l'~ ot~y Public FO~M NO. I Examined ........................................ , 19 ........ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Approved ........................................ , 19...- ..... Permit No ................................. Disapproved a/c .............................................................................................. Application No ............................. (Building inspector) APPLICATION FOR BUILDING PERMIT .... ........................... , INSTRUCTIONS 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 propertymust 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 shall 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 pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the c-onstruction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ord~qa~ce.s, building code and ul ns. ~, (Signature of applicant, or name, if a corporation) ..~..._.~ .............. .~. ~..._.-._r,..,.:_...........-:. ~....~(Add es~ °f applica'nt) ............................... State whether oppJj~nt is owner,.~lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ~ ~ ~ ~ '' r ~ ~ O ~ If applicant is o corporate, signature of duly authorized officer. (Name and title of corporate Qfficer) 1. Location of land on wh~proposed work will be done. Map No: ....... !...~.~ ............................... Lot No: .~.....X( ............ Street and Number ...... .'..~..'...~..~;~ ..... ~.L~..~:.~..:~ .......................................................................................... Municipality State existing use and occupancy of p~mises and intended use and occupancy of proposed construction: o. Existing use and occupancy ..~ .............................................................................................. b. Intended use and occupancy ~ ~'~¢~ ~' ~ i(~C~:~' 3. Nature of work (check w. ~.h applicable): New Building ....... i... Addition .................. Alteration' . ................. Repair .................... Removal .................... Demolition .................... Other Work (Describe) ...................................... 4, Estimated Co~t~:....'..~r.~.~q:~.;..~.~..~. ........................... Fee .... ~ ................................................................................. (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ If garage, number of cars ....... ~......e~....(.~..!iT.~.. 6. If business, commercial or mixed occupancy, specify pa.ture and extent~of e~ch type of use ................................ 7. Dimensions of existing structures, if any: Front ...... '.~..4 ............ Rear ....~...~': ............... Depth ...~.~..*~.. .................. Height ............................ Number of Stories ................................................................................ Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Depth He ght ......................... Number of Stories '7' ..................................... .............................. ~, ~ 8. Dimensions of entire new construct,on:' Front ..... .~..'...~' .............. Rear ......... ~ '~ ................ Depht ~.~.... ................ Height ............................ N,umber of Stories ....... ! .................... 9. Size of lot: Front ....... ..~.....O.. ............ Rear ..... ~.~. .. .0. .. ~ .............. Depth ...../'.~.~..~ff. ................ 10. Date of Purchase ........................................................ Name of Former Owner ........................................................ 11. Zone or use district in which premises are situated ..... !~.~.~..~.:,.O...~7.&.~r .J,~m~... ...................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? .... '~.~.~.. ......................................... 13. Name of Owner of premises ........... ~.~.9...~.. ................ Address ~..~..~..~...~..tc..~..~....;~ .............. Phone No ..................... Name of Architect ...................................................... Address ............................................ Phone No ..................... Name of Contractor ~..~'...~I~i~..O...~: ...................Address ..,~.,.~r~ ................................. Phone PLOT DIAGRAM Locate clearly and distinctly all buildings, whetheF existing or proposed, and indicate all set-back dimensions from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner lot. ?':~ ~ L.k~ k.~t~ ' 7- STATE OF ....... ................ ~...7~. ..... : ...... ~:,~:.?: ...... :: ........ i.~w:~ ........ being duly sworn, deposes and says that he is the applicant ................ ~me of individual sign~g application) 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 ~11 statements contained in this application ~re true to the best of his knowledge and belief; and that the work will be performed in the manner set forth ~ the application flied therew~. Sworn to bef~e me this , / .................. ........ .......................... ~ ~-~-~ /: ~'~ ., ,~ ,, ~~ ........... TOWN OF SOUTHOLD, NI~W YORK APPEAL FROM DECISION OF BUILDING INS, ~_CTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. / g-¢ 1, (~) .F~.ed..G. ordozz.,A/O...J.~,T..Di~t~JA.of .................... Auch..La.,.. ................................... Name of Appellant Street and Number .................. .Q~'.e..~Ap.Q~.~....(~.~A~....1..Q.) ....... : ..................... .... ..~..:..Y..: ........... ...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISIO.N OF THE BUILDING INSPECTOR ON ~ard APPLICATION FOR PERMIT F~..g.~.~.g.e....~.,.~.,.o.~.$ D;ATED ............... J~e ..... .~ ......... .1.969.. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Fred ............................... Name of Applicant for permit of J..0..) ................. .................................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY permit to build accessory building in front yard area. LOCATION OF THE PROPERTY ................. ..A. ..... ........... Street Use District on Zoning Map XXX XXX Map No. Lot No. Greenport (Southold R.F.D.) N.Y. 2. PROVISION (S) OF THE ZONING ORDINANCE AP, PEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art III section 300 sub 6 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance 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 :~:b~) (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 ...................................................................... ( ) (X) ( ) REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinonce isrequested forthereasonthat: This lot has waterfront with a steep grade so that it is impossible to build in the rear yard area. It is proposed to build a private garage in the front yard area similar to most other dwellings on this side of this private road. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP becauset The lot faces on Mill Creek, and there is a steep grade from the dwelling to the water making it impossible to build an accessory building in the required area. There is an old depre~e~ right of way on the southerly side~-~urther'complicating this lo%. The proposed loc~tion will clear the existing trees and the old right of way and be on the most level part of the lot. 2. The hardshpcreatedis UNIQUEand isnotshared by ail properties alike in the immediate vicinity ofthisproperty and in this use districtbecause This lot was setoff and a dwelling built orior to the zoning ordinance, it slgpes to the creek and has. a few t~ees on the northerly side. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Most of the dwellings on this side of Ruch Lane (Private Road) have garages in the front yard area and many are closer to the road than the one proposed here. There would be no harm or Change in the neighborhood STATE OF NEW YORK ) ) ss COUNTY OF Szzffolk ) Signature Sworn to this ............ : ...... .~. ........................ day of ........................ .J....~?....e. ...................... 19 69 ~LIZABETH ANN NEVILLE ~IGTARY PUBLIC, State of New N,o. 52-8125850, Suffolk Oo~A~ Term Expires ~arch 30. !~ 0 0 TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. } Planning Bd. 766-2660 Board of Appeals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and' m, the ...~.O~.(J...O~'...,~]:)~.~ .......... of the town of ......~.ou, t~J:~l~ .............. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes ............ Special permits ..... ..:~..... Variances Location of affected land: ...~.~..J~.~.t~.~:~l..(~u.e~.~)...~/.S...C.~,~.~...Gr.e~npl:l~.t,..~,~i8¢ within 500 feet of: (check one or more) ............ Town or village boundary line ............ ~j:ll~J~r county road, ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public 'building is situated Comments: ~Jle Board of App~als has approved this garage - Pl'¢OVIded - it moved northerly to line up with the dwelling and required a further setbaek to within 10 feet of the house. Date: ..~.~...2,..:tgfi9 ............. Robert W. Gilles. p, te Jr (sig~ed) Title Date received by Suffolk County Planning Commission ........................................................................ File No ................................. · LOCfl, LITY Ib,~,P · VA.kl TUYL-. ~, $Okl / / I^Z:.P TO .&CCO/APAt,,IY &F. PLtCATIONI FOIZ /k V/kJZtANCE it,4 TL~[::: TO\VN OF $OUT14OLD ,& ~ P LIC 6TIOI',,I BY. JOUl, J T. DI/AOIq IZ. UCI..I $0U'1'14 OLD, N.Y, SCALE - I00'= I" - NOTE~- A~.EA 5~0WI,4 IS "A" Z, ON~