Loading...
HomeMy WebLinkAbout1308 TOWN OF SOUTHOLD, NEW ¥OI~K DATE I~¢~ber 11,1969 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1308 Dated November 25, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Marcia E. D~wns To 1230 Watersedge~ way Southold, New York Appellant at a meeting of the Zoning Board of Appeals on December 11, was considered and the action indicated below was taken on ~our ( ) Request for variance due to lack of access to property (~') Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 1969 the appeal 1. SPECIAL ExcE'PTIoN. By resolution of the Board 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 ( 9 be confirmed because 8:30 :P.M. (E.S.-T.), upon application of Marcia E~ Downs 1230 Watersedge Way, Southold, New York, for a special exception in accordance with the Zoning Ordin&nCm,' Article III, Section 300, ~ub- section .5 (d), for permission to use.existing-dwelling ~s t~o ,(2) family resi~ence. LoCatiOn Of property: nort~ .side of Natemse~ge Way, Southold, New York., bounce& nOrth .by R.S. Soper, east by Gin Lane, south bY WaterSed~e Way, west by,Mason. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE 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 SEE REVERSE (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 SEE REVERSE ZONING BOARD OF APPEALS l/.~, ~,| BettlF Negille, Secretary '~ ~u~u~4~-. ~5~]~outhold Town Bo~d of Appeals After inv~stigation and inspection the Board finds~that the applicant requests permission to use existing dwelling as 2 family residence. The applicant purchased a dwelling which~had been illegally converted into a 2 family residence. The fact t/9~at he did not know that this house was an illegal use when, he bought it is irrelevant. The applicant's reason for appeal is not a valid one because this Board is not permitted to consider financial hardship as a legal hardship. The applicant does not have 25,000 sq. ft. of area or the equivalent of 2 building lots, therefore the Board cannot possibly grant relief. A stipulation of this action shall be that the tenant must vacate the apartment within 60 days, by February 1, 1970. The Board finds that strict application of the Ordinance will not p=oduce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance would change the character of the neighbor- hood and would not observe the spirit o~the. Ordinance. , THEREFORE' ~.WAS RESOLVED~Marcia E. Do~ns, 1230. Watersedge Wa~, Southold,~New York.beDENLEDpermis_s~o~ to ~se ,ex~t!ng dwelling as two ~amily residence as applied for ~o~roperty located at north side of watersedge WaF, Southold, New York.~...A stip~lat!on of ,this action shall be that ~he tenant must, vacate_the premises withSn 60 deys, by February 1, 1970. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. by ~11zond, coot by n.B. Tuth~X - Bagon, south by NOTICE OF HEARIIgG Pursuant to Section 267 of the Town Law and the provisio~m o~ the amended Building Zone Or-~ dinance of the Town of Southoid, 1 Suffolk County, New York, pub- lic hearings will be held by the Town of Southold, at the Town Zoning Board of Appeals of the Office, Main Road, Southold. New York, on December 11, 1969 on the following appeais: 7:30 P. M. (EST), upon appli- cation of Severius Lambros, 24 Ellington Drive, East Northpert, New York, for a variance in ac- cordance with tile Zoning Ordi- nance, Article III, Section 305, for permission to build new one family dwelling with reduced front yard setback. Location of 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. 7:43 P. M. (EST), upon appll-I cation of LeSlie Kim~, Mill Road, I Mattituck, New York, for a, special exception in accordance with the Zoning Ordinance, Ar- ticle III, Section 300, Subsection 5(d), ~or permission to main- tain stable on premises of other than the owner of the horses -- part of property owned by 1Vfiddle Main Associates. Lo-t cation of property: North sideI of Main Road, Cutchogue, NewI York, bounded north by Railroad, east by H. E. TuthilI-Ragem 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 York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 307, for per- mission to construct addition to existing dwelling with reduced sideyard area. Ix)cation of prop- erty: north side o~ Central Drive, I Mattituck, New York, Map of Captain Kidd Estates, Lot No. 91.. cation of Oruhill Construction Corp., 3356 Route 112, Medfor'd, New York a/c Edward Dennis, I 228 West Rivers Drive, Linden- burst, New York, for a variance in accordance with the Zoning Ordinance, Article Il-I, Section 30~, and Article III, Section 306, i for permission to buiid new one family dwelling with insufficient sideyard area. Location of prop- erty: weSt side of Westvlew Drive, Mattituck. New York, bounded north by J. M0111ck. east by Westview Drive, south by J. F. Hurley, weSt by ~F~attituck Creel~ COUNTY OF SUFFOLK / STATE OF NEW YORK)> 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 Zraveler-Mattituck Watch- men once each week for ............ .~,.~.~. .... weeks successively, commencing on the ....................................... doy of ............. Z~...~ .~..~. ,~ Sworn to before me this .......... .~ ............ day of ......... ...... 8:30 P. M. (EST), upon appli-i cation of ~rcia E. Downs, 12301 Watersedge Way, Southol.d: New[ York, ~or a special excel~on accorda~me with the Zoning dinance, Article III, Section 309, Subeection 5(b), for permission to use existing dwelling as two~ (2) family residence. Location of property; north side of Wat- ersed~e Way, l~outhold, New York, bounded north by R. Soper, east by Gin Lalle, southI by Watersedge Way, West by Mason. Any person desiring to be heard on the above applicati~as should appear at the time and , place specified. DA'i'll): NOVElkIBER 13, 1969, BY ORDER Ol~THE SOIJ~HOLD TOWN BOARD OP APPEAI~ ADELE PAYNE ~ Pu~qic, Stale of New []l~'nmi~$ion E.xpirts ~arch 30, LEGAL NOTICE Noti. ce of ltearings Pursuar~t to Section 26? of the Town L~w and the provisions of the amended Building Zone Ordin- ance of the Town of Southold, Suf- folk County, New York, ptthlic hearings will be held by th~ Zon- ing Board of Appeals of the Town of Southold, at the Town Offtee, Main Road Southold New York, on December 11, 1969 on the follOWing appeals: 7:30 P.M. (E.S.T.), upon applica- tion of Severtus Lambros, 24 E1- lington Drive, East Northport, New York, for a variance in accordance 'with the Zoning Ordinance, Article ~, Section 305, for .perm~ss/on. to build new one family dwe]hng with reduced front yard setback. Location of ~raperty: north side of Ruth Road, Mattituck, New York, bound- ed north by Lots ~89 & 190 of Capt. Kidd r~states, east by Basis, south by Ruth Road, west by J. Murphy. 7:45 P.M. (E.S.T.), upon applica- tion of Leslie King, Mill Road, Mat- tituck, New York, for a special ex- ception in a~cordance with the Zon- ing ,Ordinance Article III, Section 300, ~ubsection 5(d), for permission to maintain stable on premises of other than the owner of the horses. - part of property owned by Middle Main Associates. Location of prop-. erty: North side of Main Road, Cutchogue, Ne~v York, bounded north by Railroad, east by H. E. Tuthill - I-I~gen, south by Main Road, west by William Wickham 8:00 ~'.M. (E.S.T.), u~on applica- tion of James E. Calla'hzn, Central Drive, Matt[tuck, ~qew York, for a variance in accordance with the Zoning Ordinance, Article III, Sec- tion 307, for permission to construct addition to existing dwelling with reduced sideyard area. Location of property: north side of Central Drive, Mattituck, ~lew York, Map of Captain Kidd Estates, Lot ~o. 91. 8:15 P.M. (E.S.T.), upon applica- tion of Gruhill Construction Corp., 3356 Route 112, Med~ford, New York, a/¢ Edward Dennis, 228 West Rjr- era Drive, Lindenhurst, l~ew York, for a vo~tance 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. Loc~tion of prop- erty: west side of Westview Drive, Matt£tuck, New York, ~unded north liy ,L Mollick, east by West- view Drive, south by J. F. ~Iuriey, west by Mattituck Creek. 8:30 P/M. (E.S.T,),' upon. applica- tion of Marcia E. Downs, 1230 tersedge Way, Sonihold, New York for a ~ecial exception in accord- ance' with the Zoning Ordinance, Article III, Section 300,. Subsection 5(b), for permission to use existing dwelling as two (2) family resi- dence.' 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. A~y person desiring to be heard on thq above applications should ~ap- ~ at the thne and place speci- fied. DAT~O: NO~ 13, 1969, BY ORDER OF THE SOUT~OLD TOWN BOARD OF APPF. ALS lt3M COUNTY OF SUFFOLE., ] STATE OF NEW YORK, ~ ss: .... .~c~'L~...~:, /(~..~g_~9.. y..~.~97 .... being duly Sworn, s~s that . .~.., is Printer ~d Publisher of ~e SUFFOLK ~E'EKLY TIMES, a news~per pub~sh~ ~t Green~rt, in ~d count; and [h~t the ri'otis, of which ~e ,~e~d is a ~int~ ~py, ~s been published in the ~d Suffolk Week~ Times once in each week~ tot ....... ~Y~ ............... week~ suc~ssiv~ly commencing on ~e ...~ ,,, :-. .......... Swoa to beIore me this !Y'q~' ... l . ............. ............... F. LANGTON CORWIN ~otat'v ['uhllc, State 02' Nexv York ~vffo c Co. O[licial No. 524)7705~ ..,mxmission Expires March 30, 19..~1 TOWN OF $OUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. APPLICATION NO. / 3 D~(~ November 25/69 DATE ............................ Name Street and Number Bayhaven, Southold New York 11944 Municipality State hereby apply to THE ZOMNG BOARD OF APPEALS for a SPECIAL .EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE i7_! SECTION 300 SUBSECTION 5~B THE SPECIAL EXCEPTION IS REQUESTED BECAUSE The premises in question were purchased by us as the house now stands. We did not build the apartment onto the house. Until about a year ago, the house was in the joint names of myself and ~rso Helen E~ Dawson, my mother° Any rental wi~ich has been derived from the apartment has been paid to Mrs° Dawson and still is. It has been a source of income for Mrs. Dawson who is a Senior Citizen of 75 years of age. Her monthly income is from Social Security° This rental has enabled her to take care of her medical and hospital bills v£nich have been quite large in recent years. Therefore, i would ask the Zmning Board of Appeals for consideration of this special exception. STATE OF NEW YORK) ) ss COUNTY OF Suffolk ) Signature JANE p, FOSTER Co~m~s~o~ .... Ex~.~es ~,~arch 30. I FORM ZB2 1969 Ba2 Raven Dear HTs. DOW~S J U~en a eoaplaint te the ~ewn ~ea~t. an inopeettea of your preaLtees at ~/S Wate~se~fe way & W/S Gin Lane, Rayhaven at Seuthold Vas nad, e by ~ais offioe yesterday, NOV. ~G, 1969. It was found t~At you are ~sLug the dwelI~ as a dwellins, ~is Is a violation of t.ho Building _so~e e~$-,l.a~_._eo - Art~eAe III aeet~o~ ~00 s~baoetion ~ - whiea permits on~y one ramxxy oeeypane2_ ~itleee etherv~ee approved as a speeinl exeeptl~n b~ the Boa~d or Appeals. find ne sueh approval in ou~ records. The fol~er owner of yogA' preB~teee held a eertifiea~e of occupaney ~ Z~O?~ as a private one family dwelling, ~ou are hereby ordered to o~mply with the ~ilding sons ordinance Article Ill seetio~ ~00 s~bleetlon ¶ o(olae family oee~paney)- by D®eembez 6, 1969. Signed, BuilAing InspeCtor M~l. C,Jo~re, 8ce7 -~o~thold. Bay Haven ~opert70~ers ~outhold, Dear M~s. Maguire ~ Xour letter of Nov. 18th to the Town Board. REt violation of sorting ordinance at Dqvid DO. rtl preBAlel - Gin way, Bay Haven he.s been forwarded to this office for & ~'aterled~e v~ investigation. On NeY. 20th our Inspector visited the premises and found that the dwelling is being, used as a two family dwelling. Preivious visits te this premises and the Gierdano premises fo~ad no on at home - this i~ response from inquiries by some of 7our association members. ~,*e have l~sued to~a~ a notice of violation on both Dc~and ~he Giordane two family uses. Xo~rs truly ~uildi~g Inspecto~ I Southold, ~ev York Noveui~er 20, X9~9 November 18, 1969. Certified Mail Town Board of the Town of Southold Main Street Southold, N. Y. 11971 Gentlemen: On behalf of the Southold Bay Haven Property Owners Association, Inc., we wish to advise you that we understand the residence of David and Marcia Downs on Gin Lane, Southold, is being used as a multiple dwelling in violation of the Building Zone Ordinance of the Town of Southold. Kindly advise us of any action you may take in regard thereto by re- plying to iMrs. C. B. Maguire, P. O. Box 439: Southold, N. Y. 119'[1, Secretary of the Association. Very truly yours, Southold Bay Haven Property Owners Association, Inc. ~ies J. Freer - President Copy to Mr. and Mrs. David Downs Mr David W. Downs 25 Elliot Road Greatneek, L.!., N.Y. Dear Sirs In reply to your letter to the Town Clerk RE~ an addition on your present dwelling p~ease be advised that being on a corner lot requires two front yard setbacks - one from each street. You do not give the location of your property so I cannot advise you specificaly on your lot without all of the necessary information. In general in a built up area the building line would be the average~baek of the buildings on both streets$ If in an open or undeveloped area a minimum of 35ft from each street would be required. In either case the measurement woul~ be taken from the line betwee~ your property and the highway. I am enclosing a copy of the zoning ordinance as requested~ the fee for same is 255 please remit same to me at your earliest convenience~ also enclosed please find application forms for building permit. Yo~s truly BUilding InSpector 25 Elliott Road Great Neck, N.Y. March 31, 1964. The Town Clerk, Town of Southold, Main Street, Southold, L.I. New York. Dear Sir: We are interested in building an addition to a home in your area and would like to know what your restrictions are governing the distance required from the road to the building proper. Does the fact that the lot is a corner lot have anything to do with the requirements? We would appreciate receiving a copy of your Rules or Restrictions governing this type of construction. Primarily we would like to know the distance required from the road. We are enclosing a self addressed envelope for your reply. Thank you. Very truly yours, David W. Downs November 25th, 1969 The Zoning Board of Appeals, Southold, New York 11944. Gentlemen: Please find attached a properly notarized Application for Special Exception, in duplicate. Also attached is the $5.00 filing fee. I will be glad to offer any more information which might be necessary. Sincerely, 1230 Watersedge Way, Bayhaven, Box 343F, Southold, N.Y. 11944