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HomeMy WebLinkAbout1280 TOWN OF SOUTHOLD, NEW YOKK AC~O~ O~ ~HE ZO~G ~Oa~ O~ AP~EA~ AppealNo. 1280 Dated August 4, 1969 ACTION _OF THE Z~. ~1~_ G BOARD OF:APP~ ~E~_&_ OF TH~_ TOWH OF _SOUT_HOLD _ ~S0uth~ld,: Nff~ York _ _ . DATE .A~tlS]/;..4~I, 1969 ' ' Appellent at a nieettng-0! the Zonin~ Board bi Appeals On -~AttguSt"21&11969 was considered and the action indicated below was taken on your (.) Request for variance due to lack of access to property (' ')~ Request for a specml exception under t/~e Zoning, Or~'l'n.nce (X) ' R~fluest'for a v~riance-t0 the Zoning Or.dbl. ance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution' of ~the :Board it was determined that a speelal excoptlen ( )~ be grante~i ( ) be denied p_u~suant to Article .................... Section .................... Subsection .................... paragraph ...~..-....:2.L... of the Z0nin~f~Z~rdirlan~e: and th~ decisl6n 'of the Butldtn~ Iuspectoff ( ~ ) be reversed ( ) be Confirmed b~e~ause~ - 8~20~ ~*a~' (E~D;'$;T;:~, up~9.., applfcati°n of JOhnG. Havens, ~he Zoning O~dinance, A~tidig:lE; ~Set:f~Ofl 303; ~d A~tiCie"X; SeCtion 1000A, £or pemisston to set of/ lot with less than reclut~ed a~ea. Location of property.- south side 9f Nll~ Creek Drive, Southold, Ne~ York, l~unded n~n:th by Mill Creak"D~ive; east by J.A. Casstdy, south by 81mon-~lo~ski, west by P. ~lc~ski. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hasdshiD because difficulties or unnecessary SEE REVERSE (b) The hardshin created (is) (is not) unique and (would) (would not) be shared by all prol~rties 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 (would) change the character of the district because (would not) 8RE REVERSE and therefore, it was further determined that the requested variance ( ) be ~ranted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 APPROVED sEE NING BOARD OF APPEALS ' ~,~retary 8out2/~ld Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to set off lot ~i~]i--less th~ required area. There is 100 ft. frontage on road bu2znot:i~i~ugh-'-aepth to meet the minhuum area requirement. PropeS~d SOutherlY 1~c lane could not be expanded because of the location of the cesspools and a row of trees and shrubs.. The Board feels that the applicant does have a unique hardship.~ '-- ~ The Board finds that strict appIicItion of the Ord/nance wii1 produce practical difficulties or unnecessary hardship~ 'the hardship created is un/que and would not be shared by ail proper%~Is al/k'~ in the /mmediate vicinity of this property and in the s~me ~Ie d~strict~ and the variance wall not change the character of the d~S~rict and will observe the spirit of the Ord/nance. ~e IT ~S PJ~BOL%-'ED John G. Havense Mill Creek Drivee Southold~ New Yorke be ~ permission, to set off lot with less t~an required a~ea.:as ..a~pi~e.d fo~. o~ ~ropert-/ ~ocatea on sou~ .side NOTICE OF HEARINGS p~rsuaut to Section 267 of the Town Law and the provisions of the amended Building Zone Or- dlnanee of the Town of Southold, Suifblk County, New York, public hearings will be held by the ~,on- lng Board of Appeals of the Town of Southold, at the TO~n Office, Main Road, Southold. New York, on August 21, 1969 on the following appeals: '/:30 P. M. (EDST), upon appli- cation of Phillip Pfeifer, ~42-~9 231 Street, Rosedale New York, for a variance in accordance with the Zoning Ordlnsnco, Ar- ticle III, Section ~07 ~ce permia- sion to build additio~ on existing dwelling with redUCed sidey_ard area. Location of pr°pe~:. Lot No. 161 on map of Cedal;'B~Ch Park, Southold; New york, bounded north by Anthony Cas- sar, east by Sunset Way (private ri~ht-of-way), south: by John Oormley, west by Canoe Inlet. ?:45 P. lyf. (EDST)~ upon appli- cation of Ketcham .Signs, Main Street, Greenport, N~w York, a/c Beachcomber Motel, Inc., Duck Pond Ro~d, Cutchogue, New York, for a special exception in accordance with the Zonlug Or- die--ce, Article rlI, Section ~00, Subsection 10, for permission to erect un off premises directional sign on the property now or formerly of P. Matwieczyk. Lo- cation of property: south side of Middle Road (C R 27) and west side of Depot L~ne, Cutehogue, New York, bounded north by J. p. Krupski, east by Depot Lane, south by J. Zuheski. west by Haurus. 3:00 P~ M. CEDST), upon appli- cation of Rodney T. BUckham, 3520 Ole Jule Lane. Mattituck, New York, for a variance in ac- cordance with the ~.oning Ordi- unnce, Article III, Section 303, and Article X, Section 1000A. for permission to divide lot ami create 2 lots with less than 100 ft. frontage on highway. Loca- tion of property:, south side of Ole Jule T~ne, Mattituck, New York, bounded mwth by Ole Jule Lane, eazt by Anthony Anton, south by James Creek, west by G. Schaedel. 8:10 P. M. (EDST), upon appli- cation of Marion Smith, private right-of-way (Laurel Way), Mat- tituck, New York, for a variance in accordance with the Zoning Ordin~co, Article III, Section 300. Subsection 6, for permission front yard area. Location of property: private right-of-way off S/S Sound Avenue, Mattituck, New York, bounded north by Laurel Way, east by Walter Belz, south by Laurel Lake, west by W. J. Wllbort & other~ catl~m of John O. Havens. Mill Creek Drive, Southold, New York, fo~ a variance in accordance with the Zoning Ordinanso. Article III, Section 803, and Article X, Sec- tian 1000A, for permission to sot oif lot with less than area. Location of property: south side of Mill Creek Drive, Sonth- old, New York, bounded north by Mill Creek Drive, east by J. A. Cassidy, south by Simon-Or- lowski, west by P. Orlowski. 8:90 P. M. (EDST), upon appli- cation of Charles Becker, Clark Roa~, Southold, New York, for a variance in accordance with the, Zoning Ordinance, Article 1TI, Section 3~, and ~krticle X, Section 1000A, for permission to set off lots with insufficient frontage and area. Location of property: west side Clark ROmt, Southold, New York, bounded north by other lands of appli- cant, east by Clark Road, south by Middle Road (CR 27), west by A. J. Paraskes & others. Any person desiring to be heard on the above applications should appear at the time and place specified. . DA'i'~.'D: JULY 31.'i969 BY ORDER O~ THE SOUTHOLD TOVv'N BOAI~D O1~ APPEALS 1T--14 COUNTY OF SUFFOLK STATE OF NEVV YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-FITUCK 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- man once each week for ...... ~4.~.~.....~..~....~... wee~/ successively, commencing on the .. .~../-t/ day of ......... &~-~. ........ r;; ..,' i' ~.'~.".;. ''~''' .................. .............................. ....... ' ......... Sworn to before me this ......... ~ ~i.... da,/ of ...... .......... , ~4 ........... ............ LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town ~ and the provi~ions of the amended Building Zone Ordin~ ance of the Town of Southold, Suf- folk Cour~ty, New York, public hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, A~ew York, on August 21, 1969 on the following peals: 7:30 P.M. (E.D.S.T.), upon appli- cation of Phillip ~feffer, 142-39 231 Street, Rosedale, A~ew York, for a va~ian~ in accordance with the Zoning Ordinance, Article III, Sec- tion 30?, for permission to build ad- dition on existing dwening with re- duced sideyard area. .Location of property: Lot No. 161 on map of Cedar ~each Park, Southold, New York, bounded north by Anthony' Cassar, east by Sunset Way (private right-of-way), south by John Germ- ley, west by Canoe In/et. 7:4~ P.M. (~D,S.T.-, upon appli- cation of Ketcham Signs, Main Street, Greenport, New York a/c Beach¢c~ber Motel, Inc., Duck Pond · 'Road, Cutcho~ue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, S~bsection 10, for per- mission .to erect an off premises di-: rectional sign on the property now of formerly of P. Matwieczyk. Lo- ~ation of property: south side of Middle Road (C~%27) and west side of Degot Lane, Cutchogue, ~ew York, bounded north by J. P. Krup- Page Fiv~ $. ,~-/~4-. ~ .~. · .~tA~.. ...... being duly Sworn, Printer and Publisher of the SUFFOLK ,~wslmper published at Greenport, in said mticc, of which the annexed is a printed ski, east by Depot Lane, south by j. zu~o~i, west by J. Hattrus. variance in accordanoa ~ with the 8:00 p.iV[. E.D.S.T.), upon ~p~-] Zon~ ~ance, Article III, cation o~ Rodney T. Buckh~ 3520 fion 3~, and A~icle X, Sec~on Ole Jule Lane, Mattituck, New York, [ 1000A, for pe~ssion to ~t off lot for a variance in accordance wi~ with less tMn r~red ~ea. the Zo~ng ~din~cei ~ticle III, ~oation of property: south side of ~hed in the said Suffolk Weekly Times ~ction 303, and ~clg~X, Seclion~ffi Creek Drive, Sou~old, New 1000A, ior permi~ion to divide lot York, bo~ded north~by Mi~ Cr~k ~ ...... ~ ...... week~ and create 2 lots with le~ than 1001 ~rive, east by J. A. Cassidy, south .......... ~cation by Simon~rlows~, west by P. ~- :ill9 on the.. ft. ~on~ge on hi~y. of property: sou~ side '0~ Ole J~e lo~ki. ~e, Matti~ck, New York, ~d- 8:30 P~. (~.~S.T.), upon appli- ~ ....... 19~. ed north by Ole Jn/e L~e, east by cation of Charles Becket, Clark -- ' Anthony ~to~, south by James R~d, South~d, ~ew York, for a ~~.-~. ~ ............. Creek, west b~G. S~aed~. variance in accordance with the 8:10 P.~. (E.D.S.T.-, upon appli- Zoning Ordinance, Article III, Sec- this . cation of Marion Smith, private tion 303, and Article X, ~Sect~on ~. 19~.~.. righl-ot-way (Laurel Way), ~atti- 1000A, for per~ssion to set off lots tuck, ~ew York, fora variance in ~h in~cient frontage and area. ~~ ~~, .. accordance with the Zoning Ordin- Location of property: west side Clark ,~.~. ~_.~ ance, Article III, Section 300, Sub- ~oad, Southold, New York, bounded ............... s~tion 6, for ,per~ssion to ~cate no~h by other lands of apphcant, accessory building in front yard east by Clark Road, ~u~ by Mid- area. L~ation of property: private die Road (CR27) west by A. J. 'Oar- right-of-way off S/S Sold Avenue, askos & others. Mattituck, ~ew York, b~nded ~y person desiring ~ be heard north by Laurel W~, east by Wal- [ on the above a~hcations shoed ap- ter Belz, sou~ by ~el Lake, west] pear at the time and place sped- by W. J W~be~ & others. [ lied. 8:20 P.M. (E.D.S.T.); upon appli-] Dat~: J~Y 31, 1969, BY ORD~ cation Of John G. Havens, Mill Creek [ OF ~ SOUTHOLD TOWN Drive, Southold, ~ew York ior a] ~OA~-O~ ~P~ ltAul5 Legal Noti, Page -2- east by Depot Lanes south by J. Zuhoskim west by J. HaurusQ 8:00 PoMo (EoDoSoTo)~ upon application of Rodney To Buckham~ 3520 Ole Jule Lane, Mattituck~ New York, for a vaziance in accordance with the Zoning Ordinance, Article III~ Section 303, and Article X.~ Section 1000A~ for permission to divide lot and create 2 lots with less than 100 ft. frontage on highway, Location of property: south side of Ole Jule Lane: Mattituck~ New York~ bounded north by Ole Jule Lanem east by Anthony Anton~ south by James Creek~ west by GQ Schaedei. 8:10 PoMo (EoD°S.T,)~ upon application of Marion Smith~ private right-of-way (Laurel Way)~ Mattituck,. New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 6~ for permission to locate accessory building in front yard area. Location of property: private right-of-way off S/S Sound Avenue~ Mattituck~ New York# bounded north by Laurel Way~ east by Walter Belz~ south by Laurel Lake~ west by WoJo Wilbert & 8:20 PoMo (E°D. SoTo)~ upon application of John GQ Havens~ Mill Creek Drive~ Southold~ New York~ for a variance in accordance with the Zoning Ordinance~ Article I~Im Section 303~ and Article X~ Section 1000A~ for permission to set off lot with less than required area. Location of property: south side of Mill Creek Drive~ Southold: New ¥'ork~ bounded north by Mill Creek Drive~ east by J°Ao Cassidy~ south by Simon-Orlowski~ west by P. orlowski. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ~'~/ APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)3.~:L~..O....~..,..~.,~.~.E.~..~... ............... of .....~...LL..~....~...~..~..F,,.~ ...... ..~....~.....~. ......................... Name of Appellant Street and Number ............... .~.?...O..'..~....~...~,..,L..~ .................................................... .~...:..~.: ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ... ;-~,~. ~... ~ · ,. ~ .............. ~. ~... ~ ...... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .................................................................................................. ~3~; ....................... Street and Number Municipality State ( ) ( ) (×) PERMIT TO USE PERMIT FOR OCCUPANCY LaT 1. LOCATION OF THE PROPERTY .].~...!..L..L.....C...~...~.~.]~.. .... ..~....¢~...: .............................. ~ .................... Street Use District on Zoning Map 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.) 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. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~) (has not) been made with respect to this.decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in ,Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (Y,L) A Variance to the Zoning Ordinance is requested'f°r'the reason that ' Form 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 because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK COUNTY OF ~U?~o~ SS Signature Sworn to this ............ Z ............................. dayO f ..... ~ ---- /J ' I ~;]j~~ ..................... /i~:~ / ":~ i .,x'~ r ,, ..... ........... ~, ' ~' iN.aT ~'ub.c.._. July 22~ 1969 Mx. John G. Havens 12 Kaywood Road Port Washington, L.I., New York 11050 Dear Sir~ Your letter and enclosed surveys received today. I have looked your proposed division map over and would suggest moving the dividing line over toward your house (southerly) 25 feet. This would give you two legal lots without the necessity of applying for a variance for either frontage or area on either lot. I am enclosing application forms for a variance - Article III, Section 303 & Article X, Section 1000 A - should you have some other reason for your proposed division which makes an undersize lot on the northerly end. Also enclosed please find your original survey as requested. I am holding your proposed division map pending further word from you. Yours truly, Howard Terry ~ Building Inspector JnHN G. HAVEN¢~ ,Ss ~-w. r