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HomeMy WebLinkAbout1229 TOWN OF SOUTHOLD, NEW YOI%K ACTION OF THE ZONING BOARD OF APPEALS Appe~ No. 1229 Dated February 10, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Herbert & Louise Eggert To East Gillette Drive ~ast 5~rtbn, New York Appellant at a meeting of the Zoning Board of Appeals on Thursday, ~ebruary 27, 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 exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1969 the appeal 1. SPECIAL EXCEPTION. 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 decisibn of the Building Inspector ( ) be reversed ( ) be confirmed because 7:30 P.M.(E.S.T.), Upon application of Herbert & Louise Eggert, East Gillette Drive, East ~rion, New York, for a variance in accordance with the Zoning Ordinance, /%rticle III, Section 30~, and 305, for permission to reduce front yard setback. Location o£ property: east side Gillette Drive, Marion ~;~nqr Subdivision, Lot #~2~ E~st ~,'~rion, New York. 2. VARIANCE. By resolution of the Board it xvas determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties SEE REVERSE (b) The hardshil) created (is) (is not) unique and (would) (would not) be shared by all properties alike in the inuuedlate vicinity of this property and in the same u~e district because SEE 2EVEI~SE (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 ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS Barbara Co Dittmann~ Secretary After investigation and inspection the Board finds that the applicant requests permission to reduce front yard setback. This is a unique hardship in that the house in question was constructed prior to the Zoning Ordinance, thus no front yard setback was observed. The Board also finds that the applicant was one of the first to construct a home in this particular subdivision. A reduction of front yard setback will not change the neighborhood as the houses directly across the street from the property in question are permitted a front yard setback of 20 feet. The Board is in agreement with the reasoning of the applicant, and t~ey ~re 'wilting to reduce the front yard setback to 20 feet~ instead of 18 feet as requested by the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and would not change the character of the district. Therefore, it was RESOLVED Herbert and Louise Bggert, Bast Gillette Drive, EaSt B~rion, New York, be 9ranted permission to reduce the established front yard setback to 20 feet on property located east side East Gillette Drive~ Marion Manor Subdivision, Lot #82, East Marion, New York. LE~!, HOTXCl~ Pureuant to Se~t:Lon 267 o£ the Town Law and the provioLon8 of the amendod BuLlding Zone Ord:Lnance of the Toun o£ Southold, Suffolk County, IfeM York, public he&%~nge w%ll ~ held by the Zon~nq BoaEd o£ Appe&le o£ the Town of 8outhold, at the Town OffLce, MaLe 8outhold, He,~ York, on Fel~uary 27, 1969 on the 7530 P.l,t. (E.S.?.), upon &pplLcat%on oE Herbert and for a v~A~ce Ln accor~ce A~ticlo III, Section 3~ & 30S, for ~miosi~ to red~ est~lishod fret ~t $ 82, Baat ~ri~, N~ York. Any person dee%r.twg' to be heard on the above &ppl%c&tLone should appear at the tLum and place epoc%f%ed. DATEDI FEBRL~RY 13, 1969, BY GRDK~. Or THE SOUTHGLD TO~N ]PLBA~ PUBLXSH O~CB, F~BRUMtY 20, 1969, ABD FCRWARD T~O (2) AFFIDAVITS OF i~JBLXCATXGH TO ~ sOUTHGLD TOWN BOARD OF A~I~LS0 MAIH ltCd~D, SOUTHOLD° Blew YORK. the the Couaty, N~w York, public hea.,.'ings will be held by the Zoning Board of Appeal~ of the Town of ~uthold, at ~le Town Office. ~Iain Road, old, .N%w York, on February 27, 1963 on the ~)llox~ir~ appeals: ~:30 P.M. (ES.T.), upan applica- tion of Herbert and ~uise Eagert, Eas~ Gillette Drive, Ea$~ 5lat~on. York, for a variance in aceomanee wi~h the Zoning Ordimmee. ,M'tiete II'I. ~ic~x 3~ & 305, for permis- sion ~) roluce e~tablished f't-ont yara setback..~caU'on oi~ property: east side ~st Gillette Drive..Marion m~r Su~ivision, Lot No. 82. East ~larion, New York. Any person desiring to be hear~ ~ the .a:oove applier!ohS at the time and place abo';'e , 1969, BY ORDEE OF THE SOUTHOLD TOWN BO,~D OF APPEA~ ItFS1 COUNTY OF SUFFOLK, ] STATE OF lkiEW YORK, ~ ss: · .. :'?~..~'~-~..~'~... - .~ff' .~..~:~.' ..... being duly Sworn, says the, . .~... is Printer and Publishe:r ~of the SUFFOLK ~EEKLY TIMES, a newsp:aper publish~ coun'ty; and ~hat the notice, ,of which ~e ~nexed is a printed copy, .~s been published in t'he said Suffolk Week~ Times once in each week~ fo'r ......... ~ .............. week~ succ~ssively commencing on ~e .~~V. ~ '~ ........... Swarn i~ bei,re me this .~ .... ............ ...... .... .... .... ....... ..... CORNEL.~A C. KEOGH NOTARY PU~.LiC. State of New York No, 52-2093890 Qualified m Suffelk County Term Expires March 30, 19...~ COUNTY OF SUFFOLK STATE OF NEW YORK fSS: PurSuant ~;o Section 16~ of She Town Law and the provisions the amended BulldOg Or~inan~ of the To~ of olfl, _Suffolk Courtly, New York, public hea~ngs wE1 ~ held by fhe Zo~ng Board of Ag~lS the To~ of .~uthold, a~ To~ Office, ~ ~, ~ut~ ot~, Hew Yo~k, on Feb~ary '~ on ~he !ollowing fion Of H~b~ .~d Lo~ gert, ~$ G~eC~ Drive, ~don, ~e~ York, iora varia~ in accordance ~th ~he 3~I ~ 30~, for pennon ~ duce. es~ablish~ iront Y~d set- ~ck._ L~tion 0f. pro~y: side ~. G!flei~e ~e, ~n ~as~ ~on. New Yor~ on ~e a~ve appHca~o~ ~ ap~ar a~_ the time ~d ~ DA~: ~RU~y 1~, 1969 ~Y ORDER OF T~ ~.~D - OP ~PE~ 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 punished in said Long island Traveler-Mattituck Watch- man once each week for ........ ~). '~/~.~,.//~.... week)/ / successively, commencing on the ........... ~...~.,~....C~... ............. Sworn to before me this ...... .~..:/... ........day of ~OI~M ~G. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OTICE OF DISAPPROVAL TG Herbe?...t.. ............................... & Louise.'. ........ ,~,g~ert~] ................................ .......... E Giilette..D~.ive .............................. ................. E .... Magi. on .......................................... PLEASE TA~ NOTICE that your ,application dated .................... ~p.~ .....2~ .......... 19...~.~ ~or permit to const~ct ...~..~ddit~ ........ at the premises located at .... ~ .... .~.?...~:~ette ....... ~i~, ...................................................... Street East ~4arion Map .....~.9~..~9r. ........ Block .......................................... Lot ................................................. is r I isapproved on the followinff grounds .... Rez~i~...~i~.d...%.o,..6l$e~ e.~& s,t.i.n~,..p~&~.., t~ ..... ex~e nd... ~.Qn~... ~f....the...exi~.t ~g...g ~.~ g~...~...~.~ ~....~k~d ¢ha...s~.eat.~ .......... 2t..lI! .....S e.c,,..$O~...&..$O~., ...................................................................... Building Inspector TOWN OF SOUTHOLD, HEW YORK TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. /~ *'~ ¢ Name of Appellant Street and Number East Marion N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD O'F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .......... .~...0..6...8..~. ............... DATED .........:S...e.p..~. ..... .2...~. ....... .6_.8. ............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ,. ..... .... .". ............................................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to exteng existing garage 7 feet further into front yard. ] LOCATION OF THE PROPERTY .~..,/..~ E. Gillette Dr "k" dist Street Use District on Zoning Map ,,, ~.r...i..o..n.... k~,~.n...o..r. .............................. .8..2. .............. East Marion. 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 30~ 3. TYPE OF APPEAL Appeal is made herewith for (:E) 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 1969 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) ( ) :PREVIOUS APPEAL A previous appeal ~(has not) been made with respect to this decision REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequested forthereasonthat ~e !~tent ~ochange the 8oars on o~ existing garage from the side to the front of the garage~ an additional 7 foot depth is required in the garage: therefore we request a ? foot reduction in our fornt yard setback. Form ZB1 (ContinueonOtherside) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because : The house was completed in the fall of 19~7 and no alterations have been.done on the dwelling uo to this time when a second story is being added to the main house and the proposed alteration to the garage is necessary to geb depth for cars and storage. 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 becouse: The hollse is one of the f±rst built in the subdivision and sets by itself in th% southeasterly part of the subdivision. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ : Attached garages are requ±red in this subdivision, and there is no other way to locate it at this time. will not harm or change the chariater of the district as it is an alteration of an existing building - not a new one. It COUNTY OF Suffolk ) _. Feburary.. 19 69 Sworn to,this ..................... lQ ..................... day m ....................................................... 52-3233120 Suffolk Coun~ ~ %~m Expires March 30, i9~..~ Manor Grove Corp. February 24,1969 Zoning Board of Appeals of the Town of Southold Town Office Main Road Southold,New York 11971 Re-Application of Herbert & Louise Eggert East Gillette Drive, East Marion,N.Y. Hearing Date-February 27,1969 Gentlemen: We are the owners of over 40 l~ts and parcels of land in Marion Manor at East Marion, New York and we are the s~ccessors and assigns of Peter Blank & Son and have succeeded to the rights of the latter in the deed restrictions in libor 35~1 page 561 which affect all lots in Marion Msnor Development including the subject one above captioned. As you know, these deed restrictions, separate and apart from the Town Regulations also restrict the type of construction, set backs and lot restrictions, etc., and also apply to any alterations and any such construction and alteration must receive the approval of this company providing Town Regulations are also complied with. We understand that the applicant plans extensive alterations to the garage as well as the dwelling. There is no approval nor disapproval outstanding on any 85t of plans by us for this applicant since we do not have a set of plans. Accordingly, we do not know whether the proposed changes and alterations would blend in with the community nor do we have any knowledge if the proposed changes will comply with the deed restrictions. We do not think there will be.any hardship to this applicant in following the proper procedure nor in a denial of the applicat- ion at this time since they have resided there several years under present conditions. It has been the policy of this company to follow the deed restrictions and the Town Regulations so as to protect each individual owner who has already purchased and built a home and also to keep the development in its present character and in conformity with the present use. In as much as the applicant has not even received approval as set forth in the deed restrictions we must accordingly under these circumstances voice our very strenuous opposition to any variance at this time and we respectfully request the Zoning Board of Appeals An its Judgment to strictly co~true its rules and re$~lations in this application end to therefore deny this request for a variance. Thank you for your consideration of this letter. Respectfully submitted, Manor Grove Corp. FORM 'TOWN OF SOUTH~D BUILDING DEPARTd~ENT TOWN CLERK'S OFf:ICE SOUTHOLD, N. ~Y. ....... Examined ....... ,,.-;~...~!~.,,:, · · I ........ A pproved ........................................ , 19...~.t... Permit No ~ 0 C~ ~- ~_ Disapproved ~.'~'¥~';i;;;~';;'~ ................................ ^P""C^T'ON FO, BU'"D'N Date / INSTRUCTIONS o. This application must be completely filled in by typewriter or in Ink and submitted in duplicate to the Buildin Inspector. b. PIo, t plan showing location of lot and of buildings on pram sas relationshi~ to areas, aha giving a detailed description of layout of property must be drawn on the diagram which is port of ~his application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this app Ication, the Building Inspector will issue a Building Permit to the applicant. Such permil shall be kept on the premises available for inspection throughout the progress of the work. shalle' haveN° bulldingbeen grontedShall bybe the°CCupiedBuilding(~r usedlnspector.in whole or in part for any purpose whatever until a Certificate of Occupant, APPLICATION IS HEREBY MADE to the Bu ding Department for the issuance of a Building Permit pursuant to theI Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances orI Regulations, for the construction of build ngs, additions or alterations, or for removal or demo ition as herein described.I The applicant agrees to comply with oil applicable laws, ordinances, but ding code and ragu arians. (Signature ol('/applican{, or name, if a corpor'~t'i~'r~') ......... ~Address of opp~cant) '' '7""~ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .,~r..~ ~ ome of own, of pr.m,se If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1,;'/L°cati°n /~--°f land/on which, proposed work will be done. Map No.: ..... '~ .............................. a) '~ ~' Lot No.: ..~..:..~,~ ............. Nature of work (check which applicable): New Building .................. Addition .................. Alteration .................. Repair .............. ,~ Removal .................. De~¢~ .................. Other Work (Descr be) ......................... Estimat d Ca t ;',,....~1,,.~,7,,~,,0,~ .................... ;;f,:.,,;.~...Fee ~ ............................................................ · , (to be paid on filing this application) WILLIAM W. WETMORE Cawp~te~, a~cl B~lcle~ BAYSHORE ROAD GRE£NPORT, N. Y. ~1944