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HomeMy WebLinkAbout1229 (2) TOWN OF SOUTHOLD, NEW ¥OI~K ACTION OF 'I'ItE ZONING BOARD OF APPEAL~ Appeal No. ~229 Dated December 31, 1968 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO~grN OF SOUTHOLD Raymond R. Luca To Box 1176 Mattituck, New York 11952 DATE ..~_UA..~._~0,1969 Appellant at a meeting of the Zon~g Board of Appeals on Thursday, January 30, 1969 waa considered and'the action indicated below was taken on your ( ) ( ) (X) ( ) 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 the appeal 1. SPECIAL EXCEPTION. By resol~n of the Boa~ ~ was d~erm~ed th~ a ~i~ excepMon ( ) be ~an~d ( ) be denied pu~uant to Article .................... Section .................... Sub~ction .................... paragraph .................... of the Zonir~ O~ance. and the d~is~n of the Building Ins~ ( ) be ~versed ( ) be co~irmed b~a~e 7:30 P.M.(E.S.T.)~ Upon application of Raymond R. Luca, Box 1176, Mattituck, New York, for a variance in accordance with the Month9 Ordinance, Article III, Section 306s for permission to reduce front yard setback azld build new one family dwelling. Location of property: north side of Albo Drive and west side of G.I. Lane, Laurel, New York, bounded north by Horton Creek, east by G.I. Lane, south by Albo Drive, west by K. Tuthill. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict appl/catlon of the Ordinance (would) (would not) produce hardship because practical difficulties SEE REVERSE (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 detemined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed, FORM ZB4 ZONING BOARD OF APPEALS . ~ a . Dittmann, Secretary After investigation and inspection the Board finds that the applicant requests permission to reduce the front yard setback. The Board finds that the rear part ~f the lot is marsh land and it would be a great hardship for the applicant to place part of the house on the marsh land. The Board finds that adjoining houses are not setback the required 35 feet from the highway. Also on a previous application for this same property, the applicant had requested a reduction to 20 feet setback. A reduction of a 25 foot setback seems reasonable to the Board. Howe~er~i~he Board finds .that the applicantts lot is a deep lot and it is a condition of this variance that the applicant shall not divide this property and ~ell the rear ~arce! as a sepal~ate ~ildi~g lo~. The Board finds that strict application of the Ordinance would produce practical difficulties o~unnecessary hardship; the hardship created is unique and would not be~ shared by all properties alike in the immediate vicinity of ~his property and in the same u~e district, and the variance does observe the spirit of the Ordinance and will not change the character of the district. Therefore, it was PJESOLV~D Raymond R. Luca~ Box 1176~ Mattituck, New York, be granted permission to reduce the front yard se~$ack and build new one family dwelling as applied for on property located on the north side of Albo Drive, and west side of G.I. Lane, Laurel, New York, subject to the condition mentioned abov e. ~o~ice o£ Hear.in~s Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordina~ce of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Tc~n of $outhol~, at the Town Office, Main Road, ~out~.old, New York, on January 30, 1969 on the following appeals: 7:30 P.M. (E.S.T.), upon application of Ralanond R. Luca, B~x 1176, Mattituck, ~ew York, for a variance in accordance wi~ the Zoning Ordinance, Article III, Section 306, for _~rmission to reduce front yard setback and build new one family dwelling, Location of property= north side of Albo Drive and west side of G.I. Lane, Laurel, New York, bounded norti~ by Rot=on Creek, east by G.I. Lane, south by Albo Drive, we~t by K. ~Puthill. Any person desiring %o be heard on the above applications shoul~ appear at the time and place specified. DATED= JANUARY 10, 1969, BY ORDER OF TH~ SOIr~HOLD TOWN BOARD OF APPE,%LS ~E OF HEARINGS ~suant to Section ~67 of the L~w and the provislolls of me~ed B~ld~g Zone of the To~ of ~Uthold, ~ty, New York, pu~ ~n~ w~l ~ held by ~ ~d of AP~als of the ~utho~d, at the To~ ~ ~, ~uthold, New Janua~ 39, 1~9 on fo~ ap~: ~ymond R. ~ ~x ~tu~k, New Y~k, f~ ~ ~ accorda~e ~th ~ Ordinal, ~c~ ~ ~, for ~lon f~nt ~d setb~k and one f~ly dwe~. of ~m~F: no~h side D~ve ~d west side of ~, ~el, New York, no~h by Ho~n ~k, ~. ~e, ~uth ~ ~ ~ by K. ~t~l. ~n d~ ~ ~ h~ a~ applicat~ ~ould the time ~d ~ ORD~ O~ ~ ~U'~O~ ~ COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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 publ'sned in said Long blond Zraveler-Mattituck Watch- man once each week for / ~' 'F~ ~ /// wee~' successively, commencing on the ............. ,.~...?. ................. day of ...... ~.~. ~:~ .......... ~..~., Sworn to before me this ......... ~i./.~.....- day of ....... ........ , 4.~ .c...~ ................ ~,ommJ~ion c,c~pires ~a~ch 30, LEGAt. NOTICE . ~otice..of Hearings Pursuant to Section 267 of the Town Law and the provisions at the ~ amended ~uilding Zone Ordinance ~of the Town of Southold, Suffolk Cour~ty, New York, pubhc heanngs will be held by the Zoning Board of ' Appeals of the Town of Seuthold, at the Town Office, Main Road, South- !old, ~lew York, 30, 1969, on January on the following appeals: 7:30 ;P.M. (E.S.T.), upon applica- tion of Raymond R. Luca, Box 1176, i Mattituck, for a v~riance in accord- ance with the Zoning Ordinance, Article III, Si~ction 306, for permis- sion to reduce front yard setback and build ,new one family dwelling. Location of property: north side of Albo Drive and west ~ide of G. I. Lane, Laurel, ~Tew York, boun~ted north by ltorton Creek, east b; G. L /~me, zouth ~by Albo Drive west by K. TuthilL Any perso~ desiring to be hear/ on .the ~bove a~plic~tions should appear at the time and place above specified'. i D~T~D: J~-UARY 10, 1969, BY ORDER OF T~IE SOUTHOLD TOW~ BOARD OF APPEALS ltJ24 COUNTY OF SUFFOLK, | STATE OF NEW YORK, ~ ss: Sworn, snys that . .~.., iq 's Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and that the notice, of which the ,annexed is u printed copy. has been published in the !mid Suffolk Weekly Times once in each week, far ..... ~. ~-.~-: ........... weekq Swozn to before me this ...."2~.(~ .... I*ORM ~0. 3 TOWN OF SOUTHOLD BUILDING DEPAI~TMENT TOWN CL',ERK~S OFFICE SOUTHOLD. N. Y. NOTICE OF DISAPPROVAL ? File No,. ' Date ......................... ~..a. ~ .~., .a.. ,~...~. ...... ~ .......... 19....6.?. PLEASE TAKE NOTICE that your .application dated ...................... .D...e..e.. .......... }.?. ..... 19....6...~. .*or permit to construct l~e.~....Cl~.~l!illg ......... at thc premises located at ...... ..~...1..b.9.....D..~. ........... ~~. !~/.../..S....?..~..l..,...L...a..n...e. .............................. Street Laurel, N.Y. Map ....~XX.~;:....: ...................... Block .....~ .............................. Lot ...... ~ .................................... is ~ .: ' disaPproved on the follow~n~ grounds :. ....... ...... A'r'~....t.i.l....$ oc...~06 ............................................................................................................................... .................. o Building Inspector FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPAI:[TM:~-,NT TOWN cLrE'I:[K'S OFFICE SOUTH'OLD, N. Y. Examined ..................... 19 .... Appr~o.ve,d ..................... 19 .... Permit No .................... Disapproved a/c ......... - ........................................... Application No ................. (Building Inspect<n~) INSTRUCTION,S a. This applic, ati, on must be c,omplete]y filled in by typewriter or in ink a'nd submitted in duplicate to the Building Inspector: b. Plot ,plan showing location of 1,~t an.d o~ buildings o n premise.s, relati~o:n,ship to adj~oining premises .or public 'street's ~r areas, .and giving a detailed description of lay out of property must be dra~vn on the di'agram which is part of this application. c. The, work covered by this application may n, ot be commenced before issuance of Building Permit. d. Upon app,roval ,of ~his applicati,~n, the Building ~nspect~o~ will i~ssue a Buildi.ng Permit to the applicant. Such permit shall be kept ,~n the premises available for lnspectron through,out ihe progress of the work. 'e. N.o building shall be .occupied or used in whole ~ in p~rt ~o~ any purp,ose w.hatever until a Certificate Occupancy shall have been granted by the Building I.nspec~: APPLICATION IS H~EBY MADE to the Building D apartment fo~ the issuance of a Building Permit pursuant ~o the ~uilding Zone Ordinance of the T~own of So~uthold, Suffolk ~o.unty, New Y~rk, and ~th.er applicable Laws, Ordinances or Regulati~o~ns, ~or the construction .~f build ~ngs, additions .o~ alte~ations, ~r ~or remov.al or demo- litton, as .herein described. The applicant agrees .to corn ply with all applicable laws, ordinances, building code, h.3using code, an, d regulations. A~IE~tCAN H0~E CD;~ST~UCTION (Signature ~o~ .applicant, or n~am.e if a corporati.on) 2186 Je=ich~ Tu=~npike~ Comm~k, NY (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contract,~, electrician, plumber or ~UIL~ buflde~ ....................................................................................: ::. ::: :.. :. :. ~me of ow~e~ o~ ~emises ............................. E~~ R ~ L~ca =. ........... ' ........................ : ~,., ~:.:..... ~cant is ,a~porate, signa,ure of duly auth.orized ,~ficer. . ", ..................... (Name and ti~e of ~rp,orate officer) /desc=ibed p~pe=~y 1': Location ,of l~n~ o~n ~hich pr~osed ~,ork ~ill b e done. ~ap No ................. Lot No:.: ........ ':.. Street and Number ~=~h 5ida ~ A[bo ~ive Ca~ne~ of ~ [. Lane Municipality 2. .State eX~sting Use and ,accupancy ,o~ premises an~d intended use and occupancy of proposed construction. a. 'ExiSting use and occupancy b. Intended u~e and ,occupancy a~aat l~ ~ta~y ~apa Cod d~allin9 an p~p~ty 3.iNa~ure of work (check which applicable): New Building . ~te~ . Additi,on ........ Alteration ........ F~ep.air ..., ...... Removal ........ Demoliti, on ........ Other Work (Describe) ...................... 4. E~st[mat.ed Oost . .~.'~.~.tK~..~.~.::~..~ ................. Fee ................................................. (to be paid on filing this applieaii,on) 5. if dwetIing, number ~of dwelling units ...~ ...... ~umber of dwelling units on each floor .............. if garage, number o,f cars ... 9~..~F..~~ .................................................... 6. ~f business, commercial .~r m~xed occupancy, specify nature and extent ~of each type of use .............. 7. Dimensi, o~s of existing structures, if any: F~nt .. ~ ..... Rear ............. Depth ............. Height ................ Number of Stories ........................................................ Dimensions of s.ame structure with .alte~ati, ons or. additi.ons: F~o.nt ......~ ...... ... Rear ..-... ....... .. Depth ................ Height ................ Number of St~o,ries ..................... 8. Dimensions ~of entire new constructi.o~: Front 5~ Rear 54 Depth Height ...~ ...... Number ,~ Stories .... ~ ................................................... 9. Size of ~ot: Front .. ]~.~. ......... Rear ...~ ........ Depth . ~3~. ~.~.~.. 10. Date of Pu~ch. as.e ii/27/68 Na~,~f Eo,rm~ Owner F~a~i~ J, L ............................... ~a~ a~ ' ............................ I1. Zone ,o,r use ,districi in which premises are situated ** .................................................. 12. ~oes pro.poised construction ~i,o,late any z~ning law, ~o~dinance or regulati,~n? ...~P~. ~.~ ......... ~~ ~, Luc~ Addre~ ~ 1176 No. 7~2--~29 ~3. Name of Owner ~of premises ..................... ' ~,~ ........... ' C~=i Hansen ~ddress~ W,Hain S~,. ~ ~ . ......... ~-~0O.. Name of ~c'hitect .~ ....... ~ .................................. ~ ....... g~%O~ Name of Contrac~o.r Am~=,Hom~ ~s2r, ~-Address ~186 j~tChO Tp~ph.~e No....543~0~... PLOT DIAGRAM Locate clearly and dis.~inctly .all buildings, whether existing or proposed, and indic, ate all set-back dimensi, ons from property lines. Give st. feet and block number .~r de scripti, on acc. ording to deed, and sh,ow street names and indicate whether interior or corner lot. STATE, OF I~.E~y,~(~!~, )S.S. COUNTY OF .~,~.[ [.~.?.~ ..... ) ~4AR¥ FREIG~ being duly sworn, ,deposes and says that he is the appli- (Name ,of' individu, al signing applicati, on) cant above named. ~q[e is the ............ .. ....... ' ........ ............................................... (©ontract. or, agent, o~£p,orate officer, etc.) of said owner ,or owners, and is duly authorized to perform or have perSormed 'the said w,~rk and to make and file this application; that all statements eontain6d in this applicati, on are true to the best of his knowledge and belief; and that the w,.~rk will be perf,o,rmed in the mann er set forth~ in the application filed therewith. Sworn t~o before me this ............... t. day of ......... ~ .......... 19 .... N,~tary Public, ., ....... ~,. · 'r .... NOTARY PUBLIC, State of H~w York 'row Sou'rHO,. , APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF ~PPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. //;~Z,'~. f Name of Appella,n~ Street and Number ................ ..M..a,..t;.~.,~.,u,,c,..k. ........................................................... ,N..'(. ................... HEREBY APPEAL TO Municipolity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE. BUILDINg' I~PECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ................ /~_l~:...~..~. WHEREBY THE BUILDING INSPECTOR DENIED TO of Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY AMERICAN HOME CONSTRUCTION CO., INC. (BUILOER) Name of Applicant for permit 2186 Jericho Turnpike, Commack~ New Yo~k . . Municipality State 1. LOCATION OF THE PROPERTY No. SJ. de o~* A.!.bo Dr. Car. G.I.Lane - "A" Zone Lau~e.t Street Use District on Zoning Mop Mop 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.) 3. TYPE OF APPEAL Appeal is made herewith for ~XX)X A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ~educ~on of bo~h fron~ yards 4. PREVIOUS APPEAL A previous appeal ,,~J;~g~-~') bedn made with respect to this decision of the Building Inspector or with respect to this property. Such oppeal was ( ) request for a special permit ( ~,y~quest for a variance 4~ t~. ~ and was made in Appeal No ....... .~.~.~/..~ .............. Dated .......................... !.~.~..?.. ....... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ("~) A Variance to the Zoning Ordinance ( ) is requested for the reason that 17 ~o~ s~z (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticaldifficulti~ ~ unn~es- sa~ HARDSHIPbecau~ ~ The shape and contour of this lot together with the angle of the two roads and the improved bed of the main (albo Drive) Street make it nearly impossible to locate a dwelling without excessively hig foundation and carting in an unusual amount of fill to stabalize the foundation. ,2. The hardship, created is UNIQUE and is not shared by all properties alike in the ,m~_ · ' ' vicinity'of this property an~l in this use dis~'rict 5eCause ': ~his~ 1ct ha~ a~ unus~sl · amour ~f highway ~rope~ty in' front of it which is unusable and creates a setback problem for both streets. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because '. The proposed dwelling is a modest one family dwelling which with a reduced steback will not harm the neighborhood in any way. STATE OF NEW YORK ) ) COUN'I~Y OF~ i ;,,/ ' ) r~otary r'ublic JOHN W, NOTT NOTARY PUBLIC, State of New York G~fmhdoe ~'plr~ Mer~b 30, i970 BtT,' '0 err