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HomeMy WebLinkAbout1205 TO~FN OF SOIJTI1OLD, N~W YOP~K ACTION OF THE ZONING ~OAP~D OF A]PPEAL~ DATE ....~.....~...O....~....~.....~s 1968 AppealNo. ~205 Dated September 11, 1968 AC~ON OF THE ZONING BOARD OF APPEALS OF THE TOWNOF SOUTHOLD W, Corey and Elizabeth T, Albertson To Wells Avenue Southolds New York 11971 Appellant at a meeting of the Zoning B~ard of Appeals on 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 ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was detemined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsoctipn .................... paragraph .................... of the Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:45 PoM,(E,D,S,T,)s Upo~ application of W, Core¥ and Elizabeth T, Albertson~ Wells Avenues Southold, New YoXks for a variance in accordance with the Zonin9 Ordinance, Article IIIs Section 303s Article III~ Section 307~ and Article Xs Section 1000As for -permission to divide property with reduced frontageo Location of property: south side Wells Avenue, Southold~ New York, bounded north by Wells Avenues east by J,S, Gradowski~ south by Jockey Creek~ west by R,H, Rothaml, 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardshio because SEE REVERSE practical difficulties 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 change the character of the district because (would) (would not) and therefore, it was furtt~er determined that the reques/ed variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 Barbara C, Dittmann~ Secretary After investigation and inspection the Board finds that the applicant requests permission'to divide property leaving a lot with less than lOOfoot frontage. Said lot would have a frontage of 80 feet, and the westerly parcel would have a frontage of 100 feet. The area of the lot having 80 foot frontage would Rave sufficient area to meet the requirements of the Southold own Building Zone Ordinance. The Board finds that other lots in the i~mediate area range in frontage from 80 feet to 100 feet, therefore this division would not change the character of the area. In general, the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties allke in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the charactear of the district. Therefore, it was RESOLVED W. core~ .an~ ~liRa,beth To Albertson, Wells Avenue, ~outhold, New York, be granted permission ko divide property as~applied f0r~ subjec{ to ~he following condition: The lot to the ~east having 80 foot frontage shall at no time, now or in ~he future, be granted a sid e yard variam~e for any hoUSe built thereon. Location of ProPerty: south side Wells Avenme, Southold, New York. Hotlce of Hearings Pursuant to So~tlon 267 of ~ Town Law and the p~ov~S~8 of tho amended Butld~nq Zone Ordinance ~ of Sou~old. Suffo~ Co~ty. H~ York. h~r~s will ~ hold bY ~e Z~ ~d of S~old, N~ York, ~ ~r 3, 1~, ~ ~e ?;30 P.M. (~.D.S.T.), upon Wesson and Irving X~, Bay Blvd., ~el, N~ York, for ~vato r~d ~n a~ce w~ ~o S~te of ~ York r~d off ~r~ s~ of ~con~c ~ Blvd., ~el, H~ York, sou~ ~ ~n~c Bay Blvd. 7;45 P. Mo (E.D.S.T.), upon eppllcet, lon of W. Corey and E14zalmth T. A~on, Wells Avenue, S~old, H~ York, a var~an~ ~ accor~ce w~ ~e zon~ ~d~an~, ~txcle xxx. sect~n 303, ~ticle XXX, ~cle X. s~t~n 100~. for ~m~sn~on ~ d~vX~ pro~rty r~d ~r~e. ~a~ of Wells A~n~, Sou~old, H~ York, ~d Legal Notice Avenue, east by J.$. Grackmok~, west by R.H. Ro~. south by Jockey Creak, 8z00 P.M. (E.D.S.T.), upon application o£ A. Rellly & Sons, Inc., Mattituck, He~ York a/c James A. and Rose Carles, Park Avenue, Mattituck, Hew York, for & variance in accordance with the Zoning Ordinance, Article III, Section 303, and ArtLcle X, Section 1000A, for permission to dlvida lot with reduced area end build ne~ one family dwelling. Location of propert¥~ south olde Park Avenue, Mattituck, New York, bounded no~th by Park Avenue, east by Daniel O*~onnsll, south by Peconic Bay, west by M. LetLT~nOo 8s20 P.M. (B.D.S.T.), upon application of A. Rellly & Sons, Inc., Mattituck, Hew York a/c P.F. Laurlno, Park Avenue, Mattituck, Hew York, for a variance in accordance w~th the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for perm4-alon to divide lot with reduced&rea and build ne~ one family dwelling. Location of property8 south side Park Avenue, Mattituck, New York, bounded ncrthby Park Avenue, eat by Rose Carles, south by Pecon~c ~ay, wast by DoneldS~ahn. 8,30 P.M. (K.D.S.T.), upon application of George w. Smith & Sons, Inc., Southold, Hew York a/c Raymond Molhado, 20 wendell S~reet, Rempetead, Hew York, for s varLunce in accordance w~th the Zoning Ordinance, Article III, section 306, for permission to build new one family LEGAL NOTICE ~lotice of Hearings Pursuant to Section 267 of the Town' Law and the provisions of the amended ~Build~ng Zone ,Ordin- ance o£ the Town of S~uthold, Suf- folk ,County, New York, public hearings will be held by the Zon- ing Board of Appea~ of the Town of ,S~uthold' at the Town Office, ~Ma~n Road, Southol, d' New York, on October 3, 1968, on the following appeals: ~o 7:30 P.M. (E.D~.T.), upon appll- eall~)n oi Beatrice M. Was~on and Irving Kahn, D/B/A Bollingwood .Estates, Peconi~ Bay' ~Blvd., Laurel, Hew york,, .~r ~al of access to private road in accordance with the S~te 6~ a'lew York Town Law, action 280A. Location of proper- ty: private road off north side of Pecenic Bay ~lvd., 'Laurel, ~lew York, ,bounded north by A. Wilcen- ski, east by II. Romanowski-Vau- pal, south by Peconic Bay Blvd., west by G. & T. Diachun. 7:45 P:M. ('E.~.T.), upon ~ppli- cation of W. Corey and Elizabeth T. Albert~on, Wells Avenue, ~outhok~, New York, for a variance in ac- i I'lew Yo~k, b~unded north by Park! Avenue, east by Daniel O C(mnel, south by Peconie Bay, west by M. Laurino. ' 8.'20 P.M. (E.D~S.T.), upon appli-I cetion of A. Reilly & Sons, Inc.,I Mattituck, New York a/c P. F. Lauri,no, Park Avenue, Mattituck ance with the Zoning Ordinance, Article III, .Section 303, aad Article X, Sec~on 1000A, for pemission to divide lot with reduced area and build now one family dwelling. Lo- cation of property: south side Park Avanue, Mattituck, New York, bounded north by Park Avenue, iconic Bay, west by Donald Swahn. 8:30 p.iYI. (E.D.S.T.), upon appli- cation o~ George W Smith & Sons, Inc., S~uthold, ~lew York a/c Ray- mo~d' Melhado, 20 Wendell Street, ~ng Ordinance, Article III, Section 306, ~r permission to build new one i fam/ly dwelling with ~ceduced front yard setback on lot with less than 12,500 ~q. feet in area. Locati(m of and Wesland Road, Southold' New York, bound'ed north by Rlath Gib- sGn, east by IIelen Wkite, south by Wesland Road, west by Kenny's Road. 9:00 P.M. (E.~D.S.T.), upon appli- Sr, Hedge ~Street, Fishers Island, ~'lew York, for a special exception ~,n aeeardance with the Zoning dinance, Article III, Section 300, Subsection 5 (c) for permission to erect two {amily dwelling on lot with less than required frc,utage 9nd area. Location of property: private right-of-way, F'~hers Is- lan~, Near York, bounded north by Harry I-$urlburt and another, east by private road, south by private cordance with the Zoning Ordin- road, west by West Harbor. lance, Article HI, ~ection 303, Art~ ] 9:15 p~I. (E~D.S.T.), upon appli- icle III, Section 307, and Art-lcation of F~nest Badford, Main l ic~e X, ~ection 1000~, for Per- ~ ,Road, East Marion, New York, for , mission to divide property with re- [ approval of access to private road ]dueed frontage. Loeatio~ o~ propo]~u accordance with the State of arty: south aide Wells Avenue, New York Town Law, Section 280A. Southold, l~ew York, bounded north Loeatian of p~operty: private road i by Wells. Avenue, east by $. S. of[ west side of Bay Avenue, East , Gradowski, ~south by $ockey Creek, Marton, ~ew York, bounded north I west by~R, H. Rothm~n. by ~rown, Rad4om~ and Rackett, ~'00 PM (~D*ST), Upon appli- ~,+ ,h '~. a.,~n,,o ~n.+h I,w l cation of A. Reilly & ~ons, Inc., Wa~burn o, nd Marion Lake, west ~Vtati~tuck, Hew York, a/c James A..by W. Brooks ~state. and Rose Carlen, Park Avenue, Mat- I)A'l~mu: SEPTIilMBER 19, 1968 tituck, New York, ~or a variance in accordance with the Zoning Or-I Any person desiring to be heard dinance, Article III, ,Section 303, on the above applieationz should and Article X, Section 1000A, for appear at the time and place spe- permissiion to divide lot with redl3c- ct, lied. ed area and build ,new one family'. BY O]RDER OF THE SOUT~IO'IiD dwelling. Location of property: TOWIff GOal.RD OF APPEAI~ i south side Park AvenUe, Matt~tuck,' ltS27 K, ] IK, } ss: ~,~x~. ....... being duly Sworn, ~rinter and Publisher of the SUFFOLK ~spaper published ~t Greenport, in sold ~ticc, of which the annexed is a printed ~ed in the said Suffolk Weekly Times ' . .... ~ ................ week~ :.., .... ...... NO CE ~OTIC~E OF ItEARIN~S J Pursuant to Section 267 -- ~ ' of the 'rowr Law and the pro$isions of the amen~ ed Building Zone Ordinance of th Tov~n of South01d, Suffolk Count l~ew YOrkl public hearings will be 'h~ by the Zoning Board of Appeals the~ Town o£ Southold at the Off/ce, Main: ROad, York, on October 3, 1968. lowing appeals: 7: for: oas Diachun. of Zoning Ordinance Section 1000A, to divide ProPer~Y with Of ~ Carleo, Park ) divide lot reduced area and build new one fly dwelling. LOCUtion of 'propertY: ~soUth side Park Avenue, l~attituck~ ~e~ York, bounded north, by Park Avenue,~ e~t by Daniel O'~onneR, ~uth by PeConic Bay, west by 8:2 COUNTY OF SUFFOLK ~, ss: STATE OF NEW YORK j .f George W. Smith' ~ Sons, Iric., uthold,. New York a/c Raymond Me~hado, 20 Wendell Street, Hemp- S~ead, New York, for a variance in ac- c~nce wi~h the Zoning Ordinance, Booth, Jr., being duly SWorn, soys At%i.~]e ~]~, Section 306, ':for permAs- :litor, of THE LONG ISLAND s~on to build new one f~mil~ c~welling with reduced front yard setback on 'UCK WATCHMAN, a public news- '10t" ~vith less than 12,500 sq. feet of ' area. ~ocation of property:, corner of 'ho[d~ ia Suffolk County; end KennF s Road and Weslari~ c,nnexed is ~ printed copy, has bee~ by Westand Road, west by Ken- g [slond Traveler-Matt|tuck Watch- ...... Edwards, Sr., Hedge ~ ~ ~ ~o~_~.~d, ~.~o~, [?pas oa me .............. ~.~ ............. linanc~, ~r~ic~e m, Seo- ~ ~ , ~ 9 ~ ~ ;wo famil~ dwelling on[ //// ~ //~// ~ ~ / ~ ~, T~rs?~nd, N~ ~ ......... ~ .............. ~.~ .......... ~or~n Dy Harry Hurl:~ , east by private' road, ,~o~e me ~a~s ...... ~.~. ..... ~ State of New 'York Town Law~ Location of property: ~est side of Bay Ave- Nev~ York,' bounded Brown, Radford, and Rack- :bY B~y Avenue., south by and Marion Lake west by estate. desiring to be heard on applications shbuld appear md place'specified. 19, 1968 BY ORDER OF THE SOUTHOLD TOVFAY BOARD OF APPEALS )ELE PAYNE :lc, State of New Yot~ in Suffolk County 52-3041000 Exoires March 30, FORM ~O. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OT~C~- OF DISAPPROVAL File No .................................................................... Date .......... ~]~ ......i'i .................................. 19...6~ ,?i./?'; ~ pLEASE TAKE NOTICE that your application dated ......... .~..~,~:~ ..... .~.~ ................... 19....~ for permit to~ '"~Vii~.'.~;O%~- .......... at the premises located at ..... ~ .... ~O~...~V~ ......................................................................... Street ~O~tho~4 Map .... ~.*~f~.*~- ............... Block....~ ............................ Lot .... ~--.&-, r~ disapproved on the followin~ grounds ......... ~fi~t...~l~ "~'"a~S'~" .~O...~.~.. {?~d, ~.~aej~,e~j~ .......................................................................... ~ ~ ~,~. ~ TOWH OF SOUTHOLD, NEW YORK TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. W. Corey Albertson and 1, (We)E..1..&.~.~.b...e..~.b...~. .... ..A.~...b..e.r.~.s...o.~ ............... of ......... .~..e..ll~...~.~U.e. ..................................... Nome of Appellant Street and Number Southold ................................... · .~..~.~.....Y..q~, ...... HEREBY APPEAL TO .................................... State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING~INS ,~,~CTOR ON ..................................... ............... .............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( Name of Applicant for permit of ............ · ~.¢.~l~...~v.~%u.e.,_..So.utkol.d ........................ ~ew York Street and Number Municipality State PERMIT TO USE ,P~R~IT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY~..s......~..e...Z.~s Avenue , .... ~';~';~' ...................... I~l~;"'[~]~¥ri~:'t 'on Zoning Map .....8..5...9. ............... 2 and 3 Plan of lots owned by George Ho Wells Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ~ar~ag~f the ~On~r Ordinance by number. Do not quote the Ordi,nance) 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (.State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 of the Building Inspector or with respect to this property. Such appeal was ( ) request for e special permit ( ) request for o variance and was made in Appeal No ................................. Doted REASON FOR APPEAL PREVIOUS APPEAL A previous appeal :~l~z~(has not) been made with respect to this decision ( ) A Variance to Section 280A Subsection 3 (*) A Variance to the Zoning Ordinance ( ) is requested for the reason that REASON FO~ APPEAL A Variance to the Zoning Ordinance is requested for the reason t]hat on January 3, 1949 the appellants herein purchased Lot ~2 and the southwesterly 10 feet of Lot ~3 making a total frontage on Wells Avenue of 90 feet, all as shown on survey attached hereto made by Van Tuyl & Son, dated August 15, 1968. Appellants erected a house and garage thereon as shown on the survey, said garage encroaching to the extent of four feet into the westerly part or,said Lot ~3.. On February 18, 1959 appellants herein purchased the remaining 90 feet of Lot ~3 as shown on the survey from Genevieve M. Albertson. This part of Lot ~3 is 201 feet in depth running from Wells Avenue to the ordinary high water mark of Jockey Creek making a total area of 18090 square feet. This appeal is being made to that portion of ~he Zoning Ordinance which requires a frontage of 100 feet in order to validly convey a lot on an existing town road. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultie,sorunneces- sary HARDSHIPbecause appellants would be unable to convey this parcel of vacant land or make any use thereof unless a variance is obtained to divide the 180 feet of land they now own on Wells Avenue into two parcels, the westerly parcel with a frontage of i00 feet and the easterly parcel with, a frontage of 80 feet, the vacant parcel on the east having an area of 16080 square feet. 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 beoause the neighboring parcels of land to the west and to the east vary from 80 to 100 feet per lot on Wells Avenue. 3. The Variance would observe the spirit.of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the division of this property as it is now owned into parcels of 100 feet and 80 feet frontage would result in two lots similar in size to the others in this development. STATE OF NEW YORK ) ) COUNTY OF SUFPOLK ) SS Sworn to this ................ .1..,1..t..h,.,..i ....... day of ............ S.~.p.t,~ml~r. ...................... 19 68 Notary Public LEFFEP. TS PAI,N'E ED~c~N ~}~OTARY PUBLIC, State of 'New York No. :52- ] 077685 - Suffolk County '2?