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HomeMy WebLinkAbout1193 TOWN OF SOUTHOLD~ NEW YOI~K ACTION OF THE ZONING BOAKD OF APPEAL~ Appeal No. 1193 Dated July 13, 1968 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Loretta Buynoch To 9519 - 240 Street Bellerose, New York DATE ...... ..A....u~.:......1..~.. 1968 Appellant at a meeting of the Zoning Board of Appeals on Thursday s August I s 1968 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 aDPeaI 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 8100 P,M,(E,D,S,T,)s Upoll application~f Loretta Buynochs 9519 - 240 Streets Bellerose, New Yorks for a variance in accordance with the Zonin9 Ordinances Article III~ Section 303~ and Article Xs Sectbn iO00A~ for permission to divide property with insufficient frontape and area. Location ofproperty: east side Fiddler La~e~ Greenports New Yorks bounded north by Ro Buynoch~ east by Thomas Hickey and another~ south by A Schlvickass west by Fiddler Lane. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardshin because practical difficulties or unnecessary (b) The hardshii~ 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 (xvould not) and therefore, it was further determined that the requested variance ( ) be granted ( ) and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 A~ter investigation and inspection the Board finds that the. applicant wishes to divide a 10t with insufficient frontage and area. The Board finds ~hat the applicant is the owner of a parcel of land 180 feet wide by 100 feet c~ep. The applicator has bu/lt a home ~on half of the parcel with 90 foot frontage. The other 90 foot lot was bought as a separate parcel at a .separate ~-~. It is the opinion of the Board that iff the applicant had not boufht the adjoining lot, some one else could have bought the lot and erected a dwelling thereon. The variance will not change the character of the district. The lot ~ size will be in keeping with the other lots in the area. A condition of granting this variance is that any dwelling b.u/1, t u~on the lot 90 feet by 100 feet shall not be granted any front yard, side yard, or rear yard variances. In general, the Board in in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance will produce practical diffficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vi¢ir~ty of this property and in the same use district and the variance does observe the spirit ~f the Ordinance and will not change the character of the district. Therefore, it was RESOLVED Loretta Buynuch, 9519-240 Street, Bollerose~ New Work, be granted permission to divide a lot with insufficient frontage and area, as applied for, on proper~y located on the east side Fiddler Lane, Greenport, NewYork map ef m,s. Hand, LEGAL NOTICE ~otiee of Hearings P~t~uant to :Section 267 of the. amended T~w~ Law and the provi- sions of the BUilding Zo~d~nanee of the Town of Southoid, ~uffolk Country, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York~ on August 1, 1968, on the following appeals: 7:30 i~.M. (E.D~.T.), upon appli- cation of Holy Tridity parrish, Main Street. Gree~port, .New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec- tion 303 an~[' Article X, Section 1006A, for ~.r~nissi(~n to d~vide lot and build ~'ith les~ than required fson~age ~nd area. Location of property: ~Lqrth side TucKers Lane, SouthokL New York. Bounded north bFyF R iVianwefler, east by George Erath, south by Tuckers Lane, ·vest by ]~ K Qtmrty. 7:45 p.~VL (E.D~.T.), upon appli- cation of Mary A. McAssey, Mar- lene Lane. ~vtattituck, ~ew Yoyk, ,for a v~*innce _'~1 e~cordance with the Zoning Ordinance, Article III, Sect[on 305, for permission to con- struct an addition to an existing d~velling red.ucing the established front yard setback. Location of property: east side Marline Lane, Mattituck, ~Tew York, bounded north by Albert G. Craz, east by District IAne~ south by Thomas T. Whittier, west by Mariene Lane. 8:00 P.M. (E.D~S.T.), upon appli- cation of Loretta Buyneah, 9519-240 Street, Belie~ose, New York. for a variance in aceardance with the Zoning Ordinance, Article III, Sec- o'tio~ 30~, .end ~ X, ~Seetion IO00A, for permission to divide loti with i~sufficient frontage ~nd area. I Location of property: east side ~kldler Lane, Greer~port,. New t York. Bounded north ~by R Buy-1 noch, east by Thomas Hickey andI ~ a~other, south by A Sehivickas. i !west by Fiddler Lane. .. ] ! 8:15 P~M. (E~D~S.T.), upon appi[-! oatio~ of John W. Krug, Stillwater I 'Avenue, Cutchogue, New Yo.r.k, forI a ~a~iance in accordance with the~ Zo~r~g Ordinenee, Article III, Sec~ tion 300, Subsection 6, for permis- sion to construct an accessory build- ing in front yard area. Locati(m of property: east side Stillwater Avenue, Cutchogue. New York, [of ~umbe~ed 2 and part o~ lot n~m- ,bered 3 as shown o~ the subdivi- sion map of M. S. H~d, Suffolk Co.unty Map ~o. 730. Any person desiring to be heard on the above applications should ap- i pear at the time and place specified. ~ ~AT~: ~Y~ 11, ~999, SY OF ~ SOUTHOLD TOW~ ~ ~OA~D OF ~P~LS 2tJy291 COUNTY OF SUFFOLK, STATE OF NEW YORK, s~s that ...~.. ~ is Printer and Publisher of ~e SUFFO WEEKLY TIMES, a news~per pub~ish~ ~t Greenport, in ~d county~ and ~at the noti~, ,of which the ~ne~ed is a print~ ~opy, ~s ~en published in ~he ~id Suffolk Week~ Times o,nce in e~ch week, for ......... ~ ............. week~ suc~ssively commencing on ~e .~. ,~... S~ern to before me this day of .... ~ ........ 19.~ ~.. LEGAL NOTICE ~otice of Hearings Pursuant to Seetton 267 of the amended Town Law and the provi- sions of the Building Zone Ordinance of the Town of Southold, Suffolk Coun,ty, New York, public hearings will be held hy the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York, on August 1, 1968, on the following appeals: 7:30 P.M. (E.D.S.T.), upon appli- catinn of Holy Trinity Parrish, Main Street. Grey,port, .New York, for a i variance-~ accordance with the Zoning Ordinance, ArticIe III, Sec- tion 303 and Article X, Section 1000A, for .permission to divide lot and build with less than required frontage and area. Location of property: north side TucKers Lane, Southold. New York. Botmded north I by F R Mauwefler, east by George F Erath, south by Tuckers Lane, ~vest by E K Qu~rty. 7:45 P~M. (E.~S.T.), upon appli-I ',c~tion of Mary A. McAssey, Mar- lone Lane. Mattituck, ~ew York, the Zoning Ordinanc~rticle III, Secttor~ 305, for ~ to con- struct an addition 'to an existing !dwe).l~ng reducing the eatabHshed front yard setback. Loeatinn of property: east side Marlene Lane, Mattitnek, ~lew York, bounded north ,by Albert G. Craz, east by District Line, south by Thomas T. Wl~ittier, west by Marlene Lane. 8:00 P.M. (E.DA~.T.), upon a~pli- cation of Loretta Buynoch, 9519-240 Street, Belleroea, New York. /or a variance in accordance with the Zoning Ordinance, Article III, Sec- *'tior~ 30~, :~d A~,im~e X, Section 1000A, for permission to divide lot with insufficient frontage ~nd area. Location of property: east side : ~kldler Lane, Gree~pert, New York. Bounded north ,by R Buy- noch, east by Thomas Hickey and a~other, south by A Schivickas. ', west by Fiddler Lane. 8:15 P,M. (E.D~S.T.), upon appli- cation of John W. Krug, Stillwater Avenue, Cutchogue, New York, for a v~rianea in accordance v~th the ~Zo~ing Ordinance, Article III, Sec tion 300, Subsection 6, for permis- .~n itno ~rr:nS[ru;atr:n aarCeCa.eas0~U~l~ of property: east side Stillwater Avenue, Cutchogue. New York, lot I~un~ered 2 and part of lot n~rn- ~ered 3 as shown o~, the subdivi- sion map of .M.S. H~ad, Suffolk County Map ,No. 730. Any person d~siring to be heard on the above applications should ap- pear at the time a~d place specified. DA~: 3UL~ I1, 1965, BY ORDER OF ~ SOUTHOLD TOWN ~ OF API~,ALS 2tJy26 COUNTY OF SUFFOLK, ~TATE OF NEW YORK, ~ ss: .. ~ .~ ~.~. ~-:~/~.~..~'...~.. ~F~'c..~ ........ being duly Sworn, says that .. [~.. is Printer and Publisher ~f ~he SUFFOLK WEEKLY TI~S, a news~per pub~ish~ ~t Greenport, county~ and ~at the notice, of which ~e anneze~ is ~ printed ~py, has been published in fhe ~id Suffolk Week~ Times ~nce in e~ch w~k, ~or ......... ~.~ ............ week~ successively commencing on ~he . day ,of "'~ ........... ~ ~x,~~19~'~' S~om to befere me this . day of .....~%,-..~ ........ 19K~., i Pursuant to Section 267 of the Town ~ Law and the provisions of the amended '~Buiiding Zone Ordinance of the Town of Southold, Suffolk County, New York, I public hearings wilt be held by the i Zoning Board of Appeals of the Town I~of Southold, at the Town Office, Main ttoad, Southold, New York, on August !l, 1968, on the following appeals: of Holy Trinity Parrish, Main Street, Greenport, New York, for a variance in accordance with the Zoning Ordi- nance, Article III, Section 303 and I Article X, Section 1000A, for permis- 1sion to divide lot and build with less than required frontage and area. Lo- cation of property: north side Tuckers Lane, Southold, New York. Bounded north by F. R. Manweiler, east by George F. Erath, south by Tuckers 'I~ne, west by E. K. Quarry. I 7:45 P. M. (EDST), upon application Mattituck, New York, for a variance in i accordance wdth the Zoning Ordinance, ~ "Article III, Section 305, for permission 'It o construct an addition to an existing i dwelling reducing the established front i yard setback. Location of property:: ~ east side Marlene Lane, Mattituck, i New :York. Bounded north by Albert ~ G. Craz, east by District Line, south by Thomas T. Whittier, west by Mar- ~ lone Lane. '1 8:0~ P. M. (EDST), upon application of Loretta Buynoch, 9519~240 Street, Bellerose, New York, for a variance in accordance with the Zoning Ordinance, : Arficle III, Section 303, and Article X, ~ :Section 1000A. for permission to dj-i vid~ lot with insufficient frontage and , area. I~cation of property: east side' Fiddler Lane, Greenport, New York. ~ Bounded north by R Buynoch, e~st by i Thomas Hickey and another, south by ~ A Schivickas. west by Fiddler Lane. ~, :1' 8:15 P. M. (EDSTf, upon :of John W. Krug, Stillwater Avenue,, ..Cutch°gue' New York, for a vari~nce~ i ln accordance with the Zoning Ordi-. 'nance, Article III, Section 300, Sub-, section 6, for permission to construct ~ an accessory building in front yard iarea. Location of property: east side Stillwater Avenue, Cutchogue, New York, lot numbered 2 and part of lot numbered 3 as shown on the subdivi- · sion map of M. S. Hand, Suffolk Coun- ty ~Viap No. 730. I Any person desiring to be heard on the above applications should appear DATED: JULY 11, 1968 BY ORDER OF THE SOUTHOLD TOWN BOARD OP APPEALS 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 at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ........ (.~).~r~.¢_,/,~..../../../. weeka¢ success ve en ' / · y, comm c'ng on the ............. ~[~ .................. day of ......~...~C¢x¢.~ ...... Sworn to before me this ...... ,~.."~. .......... day of ...... ......... ADELE / NOT~CE OF Pursuant to Section 267 of the Town Law and the provisions of the amended . Building Zone Ordinance of the Town ;of Sduthold, S,Affolk County, New ~ork, ~public ~earings will be hel~ by ~!he ~ Z5nin~ ~o~d of Appeals of ~e T~wn. of Southold a.~-the T0wn .Offi~, Main Ro~d 'Sou~hoId New ~ork 'on AUgust ] ~, 1968. on the 'follow]lng appeals: ~ 7~:30 P. ~ (EDST), upon application '~ of Holy Trinity ParriSh, ~fain street, :GreeRpOr~, ~ew York, for ~ variance 3in a~cordance With %he zo~ng Ordi~ ,nance,. Article IIi, Section 303 'and Article X, ~g{ion 10O0A, for 'sion ~o divide lot~ and build' '~lth less than requ~ed frontage and area. Lo- ca~on ~f property: north side ~ckers Lane~ ~hth01d; NeW York. Bounded~ nd~h by 'F ~nwe~Iei east by George~F. 'Erath, south ,by ~ckers ~ne, wes~ by E. K. ~Quar%y. ~:~5 P. ~. (EDST), u~n ~pplic~ion ~ of ~ary A. ~cAssey, ~arlene ~Lane, ~ Mat~ituck 'New York, for a~ va~a~ce sceor~ahce ~fith the Z0~ng Ordinance, ~Ar~ic~e IIi; SeCtion ~05, for ~rmi~ion, ~ to construct an addition lo an existing ~] dwelling reducing the established front {yard ~tback. Location of Dro~rty: ~ eas~ ~side Marlene' Lane, ~attiiu~k, ~ ~New York. Bounded north by ~ber~ ~ 6~ ~az, east by District ~ne;~ sou~l% ~ by Thomas T. Whittier, west by ~r- ~ lene ~ane. ~'of L0re{ta BU~och, 9519-240' ~tree~, ~ Beller0se New ~ork, for a variance ~ accordance ~th the Zdn~ng Ordinance, ~ Article III, Section3O$, and ~ Section 1000A, for permission to } iide 10i with insuffieie~t ~fr0ntage and ~ ~ddler Lane, ~reen~0~t, New York ~L Thomas HickeY ~n~ aD°ther, south by'. '~ ~ SchivicEas, west bY Fiddler Lane. f of Jo~ W. Krug Stiflwater ~venue, ~ CUtchegue~ New ~ork, for ~ a variance ~ In accordance with the Zoning Ordi-~ ~' nance, Article tH, S?tion 300, Su~- : secMou 6 ~or ~er~iss'o~ to construcZ ~an accessory building in fro~ ~ area. Location of property: eaS~ ' StHl~ater Avenue, Cutch0gue; ~ew ~ork~ lo~ numbered 2 and p~r~ of Io~ numbered 3 ~as shown 0n ~he sion map of ~. S. ~and, Suffolk ty ~p No. ~. ~ Any person des~ing ia ~e~ heard on ~he a~ove' applications .should ~aP~ear .: a~ the i~me and plaice specified. DASD: ~Y I~ ~96S ~ BY ORDER OF THE-SOU~OLD COUNTY OF SUFFOLK STATE OF N~ YORK ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man_ once each week ,or .... ..k(::~/~_.~ .~../.../Zj.:_~wee~ successively, commencing on the ................ ~...~.. ............ day of ~ .... _. ........ , 9 ....~ Sworn to be{ore mo this ...... ~.....~.... ....... day of ADELE PAYNE NOtarY Pub 1c, State of New Residing in Sulfa k County No. 52-3041000 Commission ~xpires Mar~h 30~ APPEAL BOARD MEMBERS Robert "~/. Gillispie, Jr., Chairman Robert Bergen Charles Gregoni$, .Jr. Serge Doyen, Jr. Frecl Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-2660 July 15, 1968 Loretta Buynoch 9519 240 Street Bellerose, New York 11426 Dear Mrs. Buynoch, We have received your however, it is incomplete. and a $5.00 fee for application to the Board of Appeals. receive this from you before July 22. application for an appeal for a variance, You must send us a survey of the property. We must Yours truly, , Chairman Southold Town Board of Appeals July 15, 1968 Loretta Buyno~h 9519 240 Street Bellerose, New York 11426 Dea~Mrs. Buynoch, We have received your application for an appeal for a vaxiance, however, it is incomplete. You must send us a survey of the property and a $5.00 fee for application to the Board of Appeals. We must receive this from you before July 22. Yours truly, w. C3il][.lsp'le, Jr., Chairman Southold Town BOard of Appeall lffade the and residing Suffolk County~ New York~ day ct nineteen hundred sixty-one Greenport, Town of Southold, and RUDOLPIt BUYNOCH and LORETTA BUYNOCH, his wife, 9~-19 - 240th Street, Bellerose, New York, part y o£ the ~rst part, both residing at parties o£ the second part, itne et , that ire part y trio irst part, in consideration et ...... Orle ($1,00) ............. Dollars, lawful money of the United States, and other good and valuable consideration paid by the parole S of the second part do es hereby grant and release unto the parties o£ the second part, their heirs and assigns torever, ~ that certain lot, piece or parcel of land situate, lying and being near the Village of Greenport, Town of Southold and County of Suffolk and State of New York~ bounded and described as follows: BEGINNING at a point on the Easterly side of Fiddler Lane 150 feet northerly along said Easterly side from Manhanset Avenue, said point of beginning being Northwesterly corner of land of Shivickas from said point of beginning; Running along Easterly side of Fiddler Lane North 5° 09~ 10" West 90 feet; Thence along land now or formerly of Edna A. Brown North 84° 50' 5C East lO0 feet to land no~ or formerly of Hickey; Running thence along said land now or formerly of Hi,key South 5o 09~ 10" East 90 feet to land now or formerly of Shivickas; Running thence along said land now or formerly of Shivickas, South 84° 50~ 50" West 100 feet to the point or place of beginning. BEING AND INTENDED TO BE parcel #1 of the premises conveyed to the party of the first part by Edna A. Brown by deed dated September 10th, 1956 and recorded in the Suffolk County Clerk's office on September 17th 1956 in Liber 4180 of deeds at page 325. SUBJECT to zoning regulations and ordinances of the Town of Southold,~.Suf£olk County, New York. POBM ~0. 3 : TOWN OF SOUTHOLD BUILDING DEPABTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OT~CE OF DISAPPROVAL File No .................................................................... Date ................................ ff~.]:.~[ ...... .I...3. .......... 19...~..8. TO ... ~9,'.f.~,.t..r.S.:...~..O..C..?:. ......................................... ........... ~.dd.]~r.S...~ ............................................ ............... g~.e.e~%~o_..~ ............................................. PLEASE TAKE NOTICE that your ,application dated ................. ff~-~Y.. ....... .]...~. .......... 19....~...8. for permit to c~-~:[-~ ...~.i.~..i.~..e....~...o..t.. ........... at the premfses located at ............ ~ ./.~...:.~..d.g:..]:ers .......................................................................... Street Greenport~ Map ............ ~ ...................... Block ............. Z~ ..................... Lot ................. .x....~.¥. ......................... is X~~J]~~l~d2 disapproved on the followin? grounds ............ ~..~..s..,z!.f.~..i..q.i...e:.m.~...~..r.,.o..n. tage .... .and...a~.a a..im..e.i.t her...oZ..,~r.o.~.~.a~..lo..t~ ........ 2~.t.. i [.i... aa ¢...~03~...~...Sz.t...~...a.e c I O00A TOWH OF SOUTHOL~, NEW YO~K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /]~ DATE July. !3~ ~968 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We),.~ ................... of a Name of Appellant g~'r'~e~"~'~'~l"~l'u~l~'~'~ .......................... ..................................... C~,~.~.g~Q~.~.~...~.T..,,..~ ............................................... HEREBY APPEAl]_ TO Municipality State · zo , g APPLICATION FOR PERMIT NO ...................................... DATED ...~.~. ..... Z,...37../..~..~........~....x.. ( ) PERMIT FOR OCCUPANCY ( ) Z_,,orett a Buy}~oc~ Name of Applicant for permit of 9519 2~0 8treet~ Bel!erose~ Z.T.q,,¥, !!~26 .... ~:~'~'~L~"~i~i~ ....................... 'g~'~'~'~i~ii~ .................... ~ ....................... PERMIT TO USE 1. LOCATION OF THE PROPERTY ............. 25 -B & I, 28 , ~. l Street Usre District on Zoni~ lv~,ap No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the ~g Ordinance by numbe~./l~b .A r.."~' ~ ' _~'~. ~ .~,~:. ~n°t~qu°tez~'Z,-~the Ordinance.)._~ .~-.~_ J o~ 3, TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 6.2 Cons. Lows Art. 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for ~ variance 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 I wish to seli the lot which is 90 ~ 100 and ha~e been advise~ that it is ,mndersised an~ does not meet the minim:m area and width requiremen~ for ~he Town, Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because This prop~t~., now presents a .hardshi~ in maintainin~ payment of taxes~.etc ! anticinate sei=mn~ ~bis marcel to my sister smd her husband: Mrs~ and-Mr, Gerard J~ Ley%en who v~i!! eventually build a hOme, 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 To the best o£ my knowledge this is the only parcel 02 p~perty on either side of my stree% which now does not meet require- ments ~ Ail buildin~ were erected prior to this r~u!Clng. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The street is now completely built up except for my Thank yo~ >~ '~'~ ............... '~i~;~;;';~ ............. i' ............. COUNTY OF /5/~Y~'~ ~') · Sworn to this ...................... ~ ........ day of ...... :~ . ............................... 19''_~ .... ...... : ...... : .................................. Notary Public