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HomeMy WebLinkAbout1247 TOW~ OF $OUTHOLD, NEW YOI~K ACTION OF THE ZONqNG BOAI~D OF APPEALS Appeal No. 1247 Dated 4/30/69 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Osca~ Goldin To 520 Fourt Street Appellant Greenport ~ New York at a meeting of the Zoning Board of Appeals on ~/29/69 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 Zorfing Ordinance (X) Request for a variance to the Zoning Ordinance ( ) %he 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 decision of the Building Inspector ( ) be reversed ( ) be confirmed because Appeal No. 1247 - Upon application of Oscar Golding, 520 Fourt Street, Greenport~ New York, for a variance in accordance with the Zoning ordinance, Article X, Section 1007, Subsection (e) and (f), for permission to construct addition to non-coD_forming dwelling. Location o£ property: south side Wiggins Street~ east by Jas. Pirillo Estate, south by ~ry Heaney, west by Adam Johnson. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (~vould not) produoe practical difficulties or unnecessary hardship because (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 (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 Barbara C. Dit~mann, Secretary After investigation and inspection the Board finds that the applicant requests permission to cnnstruct addition to non-conforming dwelling. These additions are necessary because of a ruling by the Board of Health and the Southold Town Housing Board of Appeals. The Board does not have jurisdiction and the application for the building permit should be g~anted by the Building Inspector in view of the fact it is the opinion of the Board that the proposed addition does not exceed 50% of the fair makket value of the b~ilding in question. York, ~ J~e~ ~u~old, N~ YOrk, LEGAL NOTICE tO Section 267 of the Tower ~ and, the provisions of ~e~ Bnil~g Zone Or~-~ COU~* OF SOFFOL~, he~ings, wi~' ~ ~,~ ~ork, ~b~c ~ in~ ~ ---' ~ -e~a ny the Zon-/ ~ ..~ ~ ~ otS~o~, of Appea~ of the Town J .... ~, ~-~'~.%. ~?~.. ~ina duly Swo~n, _ Umoid, at ~e Town O~ice,~ :~ (~ 'Main ~ Sou~&~5~'~- -_ .... ~ ~t = ~.. iS P~inter and Publisher ~f ~e SDFFOLK on York, ~d~ nons ~y Cans. ~a- ] ~i~ s~una, rain ao~ ~y 15, 1969 un ~e foUowi~ a~lderw d, east ~ Cr pe~ ~ ~n ~-- (~ R~w~ -~ _ escent Way~ ola, ~ York ~- . i ~ · - .... ' 900 ~ ~-~ee ~te ~V Secfi . ~ ~,._ x 845, ~verh~d, ~ew York ~,;~- ~ ~ (E.D.S.T.), upon a~li-~ Sub--on ~ax ~._ , . qn 40a,, Times l~, c~ Be~ ~aa, ~u~olU ?~, ~o~ ~a, ~verbead~ New York. ~ on ~o~ sM~ ~ .a ~ ---"~"* s~ week~ New Y~k .... , a~c ~erb ~a~ ..... ,, ~ ~uam ~d, ~ No m a~a~e wi~ ~e Zo~,~..''' ~' L'~ ~eh ~d, Southold ' ~;~c ~ ~c~q' b39 C. L. Sanford . . , ~ ~a~ ex~ptmn bo~ north by L.I. ~ilr~d, din~ce, ~cle ~, ~tian 408 Sub,cron (a), for ~r~ssion ~ t& a~or~n~ w~th ~e ~n~ Or- by Koke, sou~ by Main Road, west ~n~ce, ~e II~, Section 300, ~ by ~s. ~, e?~ an off ~r~ses dir~tion~ Sub~eetion 10, fer pe~i~ion to~ s~ 2 ft. by 4 ft. ~eation 0f proP- ' ...... ertl: ~ of S0uthold Bayview ~r~ an off pr~ses dtr~onai* ~y person desiri~ to be heard ~. ~tion ~ property: inter- on the above a~lications shoed ap- Co~oratt~, so~h Mdc of Main s~tioa of Bayview ~ad and ~ay- ~ at the time and place speci- Road and Bayview Ro~ ~ters~- later Avenue, ~u~nid, N~ York, t fi~. tion, Sou~old, ~ew York, ~ded ~ded north by Ba~i~ Road, r DA~: ~I~ 24, 1969, BY '7ou · · ~ west by Mai~ ~ e y, st by Peter ~k~ BO~ ~ ,..~u. 9'1 ' 7:50 pM (EDS~ u . ~ . 0 P.~. (E.DS.T.), upon appli_~ ~ _ ' ~ ~ - .... , pon appn- ca,on of Oscar Goldth, 520 Fo~ ~n of Benrla Ou~or Ad~ertis- Street, Greenpo~, ~New York, for a~ lng, Box 845, Rive~i~ead, ~New York, variam~ in accordance with the a/c Herb McCarthy, General Wayne Zoning Ordinance, Article X, Sec- Inn, Cedar Reach Road, Southald, tion 1007, ~;ubseetion (e) and (f), New York, for a special exceptton for permission tO conatruct addition in accordance wit& the Zoning Or- to non-conforming dwelling. Leca- dinanee, Article III, Section ~ 300, ~ tion of property: south side Wiggiz~ Su~b~ectian 10, for pern'd~sion to Street, Greenport, New York, ! erect an off prern~es directional bounded north by 'Wiggins Street, sign, 3 ft. ~by 8 ft. Location of prop- ~ erty: land of Suroaenski, sout~ side east by Jas. Pirillo Estate, south ~by~ Main ~oad, Southnid, New York, ' so~.r~ Heaney, west by Adam John- i bounded north by Main'Road & Sur- i 9:25 P.M. (E.D.S.T.,, '~pon appllca- ! ozenski, east by Hunter & Lehr, ~on of Goftlleb 'J. ~ickles, Main' i south Iby LiU~u Howell, west byI Road, Southnid, A~ew York, a/c Helen Mokus. ! . !Joseph and Rose Mail - : 8.00 P.M. (E.D.S.T.) unon nn~i_ I ~,,o,~ ~ .- - es, Baywew :oatior~ of FI'ed Ke~tie~, V~I~- I'-~' oou. rna~d, New York, ~or a : Lane, Mal. titl~ek ~ ~, ' ,_:' . age i ~var~anee . in accordance with the , -,~ ~ora, xor a ~omng Ordinance, ArtiCle III, Sec-' variance in accordance with the! tien 303~ and Article X, Section Zoning Ordinance, Article III; Sec- i 1009A, for permission to divide and tian 305, for permission to eon-. set off lot witch ina~ficient from- struct addition to existing dwelling ' age. Location of property: east side i with reduced setback. LOCation of I Bayview Road, Sot~t&old, ~NIew York, I property: Lot No. 22 Village Man- i bourtded north by C, lil ' or, east side 'of Village r~o ~ , ~_ · . Smith, east titu ....... ° ....... a.-t..~ ~ P. Kowalski, south bY Pln~~ i c~t, a~ew ~or~, bounded north by I iNeek Road, west by Bayvie~Ro~&[ I :pri~ate road, east by Ruland; south, 9:35 P.M. (E./).s.T.), u on a '-' by McBride, west by Village Lane I cation o~ M T ~'~o~*~[P ~, .~,,ppli I 8:20 P.M. (E.D-~.T.), upon appli~ I Inc., 504 Walt Whitman ~qoad, cation of Greenport Auto Sales, .Hunting~on Station, ~ew York, for West Front Street, Greenport, Near a variance in accordance with the York, for a special exception in ac- Zoning Ordinance, Article IV R, cordance witch the Zoning Ordin- Section 442-2 as it al~plies to Arti- ance, Article IV, Section 408, Sub- cie IV, for further reduction in land- ,section (a), for ,permission to erect scape area and increase in parking a second on prenlises ground sign. area for proposed Mattituck Shop- Location of property: south skte ping Center. LOcation or property: Main Road, Greenport~ New York, north east cor~er of Factory Avenue ~bounded north' by Main Road, east rby Brown-Giovaunelli, south by Railroad, west by Gladys Csajko. 8:45 P.M. (E:D.S.T.,, upon appll- catio~ of Thomas J. Gorman, 2 Oriole Way, Dix Hills, New York, for approval of acces~ to private right of Way in accordance with the State of iXlew Ygrk 'Town Law, l~jtion 280A. Lecation of prop- erty: private right of way off south side Sound Avenue, Mattituck, New and Route 25 (Main Road), Matti- tuck, ~ew Y0rk~ bounded north by Bethany Cemetery Assoc., east by 'Bethany Cemetery Assoc., souti~ by Main Road, west by Factory Ave- nile, 9:50 P~I. (E.D.S.T.), Pursuant to Section 267, Subdivision 6 of the Town Law of the State of New York, on the Board's motion, a re- hearing on Appeal No. 915, - Part 2; up(m application of Port of Egypt ltMy9 NOTARY PUBLIC, State of New York Qualitied in Suffolk County..~ NOTICE ' (~F I~,ARINGS Pursuan~ to Section 267 of the Town Law and the provisions o~ the amended Building Zone O~ dinance of the Town of Southold~, Suffolk County, New York. public hearings wilt be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road. Southold, New York, on May 1§, 1969 on the following appeals: plication of Be.brio Outdoor A~, north by Main & Bay~lew Roads,~ east by Bayvlew Road, south by H. J. ~nlth, west by Main Roa~ New York, a/c Herb ~cCarthy~ General Wayne Inn, Ced~ in accordance with the Zon,i~? ises directional sign, 3 ft. by 8 ft. Location of property: land o~. M. Surozenski, ~°uth side Main~ Road, Southold, New York, bounded north by Main Road & bounded north by private road, with the State of New York To~q~ Law, Section 2~0A. Location of property: private~'ht of'w~ay off south side Sou~,. ~enue, tituck, New York,'~Sunded north by Chas. Underwood, east by Crescent Way (Pvt. R.O.W.), south by Marion Smith, west by Lam'el Lake. 9:00 P. M. (EI~T), upon ap- plication of Behrle Outdoor Ad- vertising, Box 845, Riverhead, New York, a/c Herb Mc0arthy, General Wayne Inn, Cedar Beach Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Ar- ticle III, Section 300, Subsection 10, for permission to erect an off premises directional sign. Loca- tion of property: intersection of Bayview Road and Baywater Avenue, Southold, New York, bounded north by Bayview Road, east by cemetery, south by Town property, west by Peter Sarkus. 9:10 P. M. (EDST), upon ap- lication of Oscar Goldin, 520 '1~ourth Street, Greenport, Hew York, for a variance in accord- ance with the Zoning Ordinance, Article X, Section 1007, Subsec- tion ia) and ~(f), for permission to construct addition to non- conforming dwelling. Location of property: south side Wiggins Street, Greenpert, New Y0r]~ bounded north by Wiggins Street, east by Jas. pirillo Estate, south by Mary Heaney, west by Adam Johnson. 9:25 P. ~VI. (EDST), upon pllcation of Gottlleb J. Nickles, Main Road~ Seuthold, New York, a/c Joseph and Rose Mailes, Bayvlew Road, Southold, New York, for a varianee in accord- ance with the Zoning Ordinance, Article liT, Section 303. and Article X, Section 1000A, for per- mission to divide and set off lot with insufficient frontage. Loca- tion of property: east side Bay- view Road, Southold, New York, bounded north by C. E. Smith, east by J. P. Kowalskt, south by Pine Neck Road, west by Bay- view Road. 9:35 P. M. (EI~T), upon ap- plication of M. T. Cassella Build- ers, Inc., 504 Walt Whitman · Road, Huntington Station, New York, for a variance in accord- ance with the Zoning Ordinance, ~B~ide, west by Village Lane. Article IV B, Section 442-2 as it 8:20 P. M. (EDST), upon ap- applies to ~i~r~icle IV for fnrther plication of Greenport Auto Sales, West Front Street, Green- reduction in landscape area and pert, New york, for a special ex- ception in accordance with the Zoning Ordinance, -Artiole IV, Section 408, Subsection (a), for permission to erect a second on premises ground sign. Lgcation of property: south side Main Road, Greenport, New York, bounded north by ~ain Road, east by Brown-Giovannelli, south by Railroad, west by Gladys CsaJko. 8:45 P. M. (EDST), .upon apo plication of Thomas J. Gorman, 2 Oriole Way, Dix Hills, New York, for approval of access topri- rate right of way in accordance posed Mattituck Shopping Cen- ter. Location of property: north and Route 25 (Main Road), Mat- tituck, New York, bounded north by Bethany Cemetery Assoc., east by Bethany Cemetery Assoc., 9:50 P. i~I. (EDST), pursuant to ~ection 267; Subdivision § of the Town Law of the State of New of Egypt Fishing Station, Main COUNTY OF SUFFOLK {, ss: STATE OF NEW YORK 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 et 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- man once each week for ~..,~.-~..~;~-~. (~ /,//weekF successively, commencing on the .................. ~.. ................ day o{ ........ ..... Sworn to bo{ore me this .......... .~ ........... day o{ ........ .... Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Ar- ticle IV. Section 408, Subsection (a), for permission to retain a roadside directional sign on North side Main Road, Lots Nos. 13 to 16, Map NO. 539 C. L. Sanford Brick Co., Southold, New York, bounded north by L. I. Railroad, east by Koke, south by Main Road, west by Gates. Any person desiring to be heac~ on the above applications should appear at the time and place specified. DATED: APRIL 24, 1969 BY ORDER O1 SOUTHOLD TOWN BOARD OP APPEALS ~,! ~j:).~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD' OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE ~ ..~Qy.., '..3., .o.., .,Z.~, ~. ~ Name of Appellant Municipality Street and Number ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING I~SPECTOR ON APPLICATION FOR PERMIT NO. DATED ...... :::::./.~.:f::::.:L::J.z.:::::::::: WHEREBY THE BUILDING INSPECTOR DENIED TO ' .:' .-. ........................ .... ............................ Name of Applicant for permit ( ) ( ) (X) of Street and Number M~unicipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY "'~'/~5'"~i~re~i ~'"S¢'. ......... :A' ..... ~s~ % '~'C"Ji~,stri~t .............................. on Zoning Map /v~ap 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 Ordinance.) ArC,cie 10 se~ i007 E a~ F 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordin.ance or Zoning Map ( ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 62 Cons. Art. 16 Sec. 280A Subsection 3 Lows 4. PREVIOUS APPEAL A previous appealS(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOP, APPEAL ( ) A Variance to Section 280A Subsection 3 (][) A Variance to the Zoning Ordinance ( ) ~s requested for the reason that ~'orrn ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 3. The Variance would observe the spirit of the Ordinance CHARACTER OF THE 'DISTRICT because i~ wou~d merely oo~!y ~¢i~h ye~ r~li~ ~ and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ) Oscar Go !din Signature ~0 ~y Of day of ............... ~:p.i~.~..~. ........................ 198~ Sworn to this .................................................. '"~ Notary Public {~ .... ~',h~ 52.323%20 FORM ~NO. I TOWN OF $OUTHOLD BUILDING DE,~ARTME.NT TOWN CI~RK'S OFFICE SOUTHOLD, N. Y. Examined. ~.. ~. ~ ....... 19 .~.~.~. Approved ..................... 19 .... Permit No .................... Disapproved a/c. ..~../..~.. ~..../4/~....'7. ~~.. Application No ................. (Buil, ding Inspe&oor) APPLICATIO:N FOR BUILDING P,Ig,RMIT Date ...... ~t~.T..~.~..~9;,.i~ ?..~. ..........19 .... a. This. application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspeel~o.r. b. PI~ot ,~lan showing 1,ocation of l,~t and ~of buildings o n premises, relatio~nship to adjoining premises or public streets or areas, ,and giving a detailed description of lay out of p.roper~ty must be drawn o,n the diagram which is part ,of this application. ¢. The, w.ork covered by this applicati~.~n may not b e commenced before issuance of Building Permit. d. Upo~n approval of this applic.ati,~n, the Building In spector will issue a Building Permit to the applicant. Such permit shall be kept'~n the premises available f~' 'ihdp~eeti'on throughout ~he progress ,of the work. e. No building shall be occupied or used in whole e_~ in part f~or any purpose w.hatever until a (~ertificate ,~ Occupancy shall have been granted by the ._Building Inspecting. APPLICATION IS HF_~F_~Y MADE. to th~5 Building D~partment £or the issuaiace of a Bull,ding Permit pursuant 1~o the Building %one Ordinance of the T~ow~n of S,,uthold, Suffolk ©o.unty, New Y~rk, and other applicable Laws, O~dinances ~or Regulations, for the oonstruetion .~f build ings, additions or alterations, ~r f~or remo,~al or demo- lition, as .herein described. The applicant agrees to corn ply with all applicable law.s, ordinances, building code, h.~using code, an, d regulations. ~ /? ~ ......... ................. (Signatu.re ~of ~applicant, or name if a corporati.on) Greenp~, NY II~ (Address of applicant) State whether applicant is owner, lessee, agent, archit act, engineer, general contractor, electrician, plumber .or builder ................................................................................................... Name of owner of premises O~r Go 1~ i'~ If applicant is ,a eorp,o{ate, signature of duly auth+orized ,~ficer. (Name and title of corporate officer) 1. Location ,of land o,n which pr(~p,osed w, ork will b e done. M. ap No ................. Lot No .............. ............ ~$$~im~ Bt Sreenp~, ~vf 11944 Street and Number ~11 .... ~ ............................................................... Municipality 2. State existing use and ,accupancy ~of premises and intended use and ,occupancy of proposed construction. a. Eixisting use and occupancy ....... ~.e.~detle~ ................................... b. Intended use .and ,o.ccupancy ...... ~,.e~.i.cteri~ ................................................. 3. Nature of ~vork (check which applicable): New Building ........ Addi'ti~on ...~ .... Alteration ........ Repair ......... Removal ........ Demolition ........ Other Work (Describe) ...................... 4. E.stimated Co.st ......... $~'00 ................. Fee .... ~ be paid ,c~n filing this application) 5. If ,dwelling, number ,of dwelling units .~j ....... Number Of dwelling units .on each floor .............. ~f garage, number of cars .......................................................................... 6. If business, commercial ,~r mixed occupancy, specify nature and extent of each type of use .............. ?. Dimensions of existing structures, if any: Fro~nt .............. Rear ............. Depth ............. Height ................ Number of Stories ........................................................ Dimension's .of same structure with .alterati,ons or additions: Front .............. Rear ............... Depth ................ Height ................ Number of Stories ..................... $. Dimensions ,of entire new constructi,on: Fr~nt .... .~f% ......... Rear .... ~;. ...... Depth .~ ....... tteight .. ~..~t ...... Number ,c~f Stories ..... .~ ...................................................... 9. Size. of 1,et: Front ................ Rear ............... Depth ............... 10. Date of Purchase ............................... Name cf Former Owner ............................. 11. Zone :or use district in which premises are situated .... t*~ ~ .......................................... .' 12. lhoes propo,sed construction vi,olate any z,3ning ].aw, ordinance or regulati,~n? ........................... 13. Name ,of Owner~of premises ...0~.¢ar..~ldl~.. A, ddress .Gr2eri~z,.~,. [t~r .... Ph,~ne No.4?Z~.22~20. Name. of Architect ............................. ~ddress ...................... Ph. one No ............ I~ame ,of Contracto,r ........... ~ ............... Address ...... ~ .............. Ph<me No.. ~ ........ PLOT DIAGRAM Locate clearly and distinctly .all buildings, whether e xisting or proposed, and indicate all set-back dimensions from property lines. Give st,reet and block number ~r de script~on according to deed, and show street' names and indicate whether interior ,or cerner ~ot. STATE OF NEW YORIf, ) S.S. COUNTY OF ............... ) .............. , ..... ~a.~ .G~.~.dit~ ................. being duly sworn, ,deposes and says that he is the appli- (N,ame ~f individual signing applicati, on) cant above named. He is the ....... O*'dtla~* ............................................................... (Contract, or, agent, corporate officer, etc.) of said owner or ,owners, and is duly authorized to perf~rm or have performed the said w, crrk and to make .and file this applieati~on; that all statements contained in this application are true to the best of his kn. owledge and belief; and that 'the w, owk will be pe~ormed in the mann er set forth in the application filed therewith. Sworn to before me this day ,dfpril~ 19 Notary Public, .................... County No. 52-3233120 Suffolk Country Tarm [xpires March 30, 19_~_f l~ay 16~ 1969 Oscar Goldin 441Main Street Greenport. New York 11944 Dear Sir! Your appeal # 1247 has been recessed until 7z30 P.M. May 29, 1969 when it will again be taken up for consideration by this Board. Yours truly° Robert W. Gi111spie, Jr., Chairman Southold Town Board of Appeals May 23, 1969 Mr. Oscar Goldin 441 Main Street Greenport, L.I., New York 11944 Dear Sir; In order to reach a decision on the Wiggins Street property with regard to expanding a non-conforming use it will be necessary to have information which will indicate market value of the haprovements now existing on the property as well as a est/mate on the proposed improvement. An independent appraisal or tax bill as well as a cost estimate will be helpful. Yours truly, Robert W. Gillispie, Jr., Chairman Southold Town Board of Appeals