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HomeMy WebLinkAbout1162 TOWN OF SOUTHOLD, NE~V YOltK ACTION OF THE ZONING ~OA~D OF AP]~]~ Appeal No. 1162 Dat~ February 15, ACTION OF THE ZONING BO~D OF APPE~ OF T~ TO~ OF SO~O~ To a/c DATE~.Gh...2.,..1968 1968 Lefferts P. Edson, Esq. Main Road Southold, New York William H. Cassidy & Ano. Appe~t 160 Sylvia Lane New Hyde Park, New York at a meeting of the ZonL~g Board of Appeals on T~%ursday, March vas 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 ( ) 7, 1968 the 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 7:30 P.M.'(E.S.T.), Upon application of Lefferts P. Edson, Esq., Southold, New York, a/c William H. and Elizabeth A. Cassidy, 160 Sylvia Lane, New Hyde Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000A, for permission to divide property with insufficient frontage on either lot. Location of property: east side Sigsbee Road, Mattituck, New York, lots numbered 60, 61, and 62 in Mattituck Park Properties, Inc. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardshio 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 us~ district because SEE REVERSE (c) Tke 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 thaf the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS , ~arbara ~t~a/n~' ~ After investigation and inspection the Board finds that the applicant requests permission to divide property with insufficient r~ad frontage. The property in question is three fifty foot lot~. '~The applicant proposes to divide the property equally, thus creating two lots, 75 feet frontage each. The Board determines this will be an improvement to the area, and there will be more side yard for the existing dwellings on the property. Said division of property will not change the character of the neighborhood. The Board finds that stridt application 'of the Ordinance w~l~ produ'ce practical diffiCulties or unnecessary hardship; the hardship created is unique-and would not~ shared by all properties alike in the immediate v~Cinity cf this property' and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. THEREFORE, Southcld, 160 Sylvia Lane, New Hyde Park, to divide property into two 75 IT %FAS RESOLVED: Lefferts P. Edson, Esq., New York, a/c William H. and Elizabeth A. Cassidy, New York, be granted permission foot lots as applied for, on property located on the east side Sigsbee Road, Mattituck, New York, lots numbered 60, 61 and 62 in Mattituck Park Properties, Inc. 9om, Tp ZCE, Notice ©f Hearings Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone ~r~ Ordinance of the Town of Southold, Suffolk County, New York~ public hearing will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office~ Main Road~ Southold, New York~ on March 7~ 1968, on the following appeals: 7:30 PoMo(EoSoTo)~ Upon application of Lefferts Po Edson~ Esq.~ Southotd, New York~ a/c William Ho and Elizabeth Ao Cassidy~ 160 Sylvia Lane~ New Hyde Park, New York~ for a variance in accordance with the Zoning Ordinance, Article III~ Section 303~ Article X~ Section 1000A~ for permission to divide property with insufficient frontage on either loto Location of property: east side Sigsbee Road, Mattituck, New York~ lots numbered 60, 61~ and 62 in Mattituck Park Properties, ~nc. 7:45 PoMo ~oSoTo), Upon application of Gunter Morchel Maratooka Roadr Mattituck~ New ¥ork~ for a variance in accordance with the Zoning Ordinance~ Article IV, Section 404~ for permission to further reduce setback. Location of property: east side Sigsbee Road, Mattituck: New York~ lot number 102 in Mattituck Park Properties~ InCo LEGAL NOTICE Notice of Hea,ring~ ~rsuar~ to Section 267 of the Town Law ami the provisions of file amended Building Zone O~din- ance of the T~w~ of S~utho~, Suf- folk (~ouniy, ~Iew York, public hear- lng will be held ,by the Zoning Bdard o~ Appeals of the Town of Sou~hold, at [he Tow~ Office, Main Road, ~;out~old, ~New York, on March ?, 1968, on the following ap- P.M. Upon applica- tion of Lefferts P. Edson, Esq., Southol~l, New York, a/c William H. ~nd Eliza,befil A. ,Cassidy, 160 Syl- via Lane, New Hyde Park, New York, for a variance in accordance with file Zoning Ordinance, Article Ill, Section 303, Article X, Section i00(~A, for permission to divide pr~pt~rty with insufficient fr(mtage on either lot. Location of property:i east side Sigsbee R~ad, Mattituck, New York, lots numbered 60, 61, and 62 in Mattiluck Park Proper- ties, Inc. 7:45 P.M. (E.S.T.., Upon applica- tion of Gunter Morchel, Maratook:a Road, M.attituck, 1New York, for a variance in accordance with the Zoning Ordinance, Article IV, Sec- tiaa 404, £or permission to fh,rther reduce setback. Location of prop- erty: east side Sigsbee Road, Mat- tituck, New York, lat nuraber 102 in Mattituck Park Properties, Inc. 8:00 ~P.M. (E.S.T.), Upon appli-I cation of I~oml,uic Auriehio, Esq., 308 Main Street, Greenport, New York, a/c New York Telephone Co. for a special exception ia accord-! ance with 'i~he Zoning 0rdin~rme, Article III, Section 300, Subsection 5 (g), for permission iD use prop- erty for public and utility facilities. Location of prop~riy: north side Mai~ l~c,ad, iS~uthold:, ~lew York, bounded ~north by R. Lung, Jr., east by R. Lung, kTr., south by Main t~oad, west by R. Lung, Jr. Any person desiring to be heard o~ the above ai)plicati~n should ap- i pe~r at the time and place above' specified. DATED: FEBRUARY 15, 1968, . BY ORDER OF THE SOUTI-IOLD TOWlq BOARD OF ltM1 APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK, ? ss: J · .. *.'~(. · -~.~-~- -~7~' '~' -~7:~. · .(!.~ % f.': f:':T ...... ~ing duly Sworn, s~s that ~'~ is Printer and Publisher of ~e SUFFOLK WEEKLY TI~ES, a news~per pubtish~ at Greenport, in s~d county; and ~at the noti~, of which ~e ,~ne~ed is a print~ ~py, has been published in the ~d Suffolk Weekly Times once in euch w~k, for ........ ~'~ .~.~ ............. week~ successively oommencing on ~e .. '. . ~ M~ ~X~ ............... Sworn to befo*e me th~ ... NOTICE OF HEARINGS Pursuant to Section 267 of ~he ToW~ Law and the provisions of. the amended ,Building Zone Ordinance of the Town ~of Southold, Suffolk ~ouuty, New York, I ~public hearings will be he!d by the~ ,~ Zoning Board of APpeals of ~he Tow~ ~ ~of S~uthold, at the Town Office Main ~Road, Southold, New York, on March~' appeals: ~ ~ of i Mattituck by R Lang,~ Lang, Jr. Any person,, desiring to ~be heard .on( TOVCN BOARD OP APPEALS COUNTY OF SUFFOLK ~ ss: STA3rE 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 successively, commencing on the ..............~.....~.. ............... day of ....... ~_.~.~z~....~ ...... , [~/..~'~. / Sworn to before me this ........ ./,.,~... day of Notary Public AOELE PAYNB Nolary Public. State of New YO~ Residing in Suffolk County No. 52-3041000 gomn~ssion £×Dires March 30. LEFFERTS PAINE EDSON SOUTHOLD, N. Y. 11971 February 15, 1968 Mr. Howard M. Terry Southold Town Building Inspector Town Hall Main Road Southold, New York Dear Howard: I enclose herein an application to the Zoning Board of Appeals in duplicate, together with our check in a blank amount for the payment of the fee. Will you kindly fill in the correct figure on the check? Please present this to the board at the next meeting for its consideration. Thank you very much. Encs. cc: Mr. William Ho Sincerely, Cassidy FORM ~O. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................ Date ........ Feb. 15 19 68 To L.P.Edson A/C Wllllam Caso:~dy & Wife l~a in Road ............. ................................ PLEASE TAKE NOTICE that your application dated ...................... ..F.e..]~ ........ !..~ ....... 19...~.~ -~or permit to~o~smt D~,v&de...pr.~mLa~s. at thc premises located at ....... ..S.j~.g.$.]~,y ..~..o./~,~ ......................................................................... Street Mattituck ~ E.Y. Map ?.~.a.~.~.:....P.a.~]~....P.r..o.~......Block ..................................... Lot 60~ 61, 62 is ~~ disapproved on the followin? grounds ....... or~..e. Ltke~...&at ................. Ar..t ...I.L L..~e.s....~O~.. &.. a.r.t ..X...sac... J.0Ga ...................................... Building Inspector 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 .~: ...... ./.w47....-/..~d~/ William H. Cassidy and 1, (We) .Eliz.ab.a.th.. A .... Cas s&d.y. ................ of .........1...6.Q....S.y..1.M..i..a.....L..a...n..e. .............................. Name of Appelta,nt Street and Number New Hyde Park ...~...e.~....~...o.~.~.. ...... 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 Same as above Street and Number Municipality State PERMIT TO-USE PERMIT FOR OCCUPANCY ~"~. 1. LOCATION OF THE PROPERTY .... $.igs2oe~...P, aadL ................ ,R~.C.£.cl~D.g£.~,~...&, .................. Street Use District on ZOning Map _.8.0.1 ................................ 60 ..... .61...and...62 ......... Map No. Lot No. 2. PROVISION (SI 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.) _Are_~nl~ ~; Section 303 _~.n~ Article X. Section !000-A (x ( TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE aue 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 (l~,~:(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 a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance The Appellants herein by deed dated December 12, 1963 and recorded January 2, 1964 in Liber 5476, cp 312, obtained title to Lot No. 62, "Map of Property of Mattituck Park Properties", Map ~801. The said lot No. 62 as shown on the survey attached hereto is a 50 foot lot with a one-story frame dwelling thereon erected so that the southerly side of the house is within six or seven feet of the southerly line of the lot. Thereafter, by deed dated September 22, 1967 and recorded October 3, 1967 in Liber 6232, cp 01, the Appellants herein ob- tained title to Lots Nos. 60 and 61 on said map, adjoining the property above referred to on the south. Lot No. 61 is vacant and Lot ~o. 60 also has a frame dwelling located thereon, the northerly line of which just about meets the northerly line of the lot. The Appellants herein, as a result of the two purchases recited above, now own 150 feet of road front with two dwellings and request that a variance to the zoning ordinance be made to allow the 150 foot lot with the two dwellings to be divided into two parcels, each having a front on Sigsbee Road of 75 feet. The result would be that each dwelling would more than conform with the existing side yard zoning requirements, whereas at the present the northerly dwelling has a non-conforming side yard setback. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because it Would continue the minimal side yard setback distance, whereas the granting of this appeal would correct this. 2. The hardship createdis UNIQUEandisnotshared by all properties alike in the immediate vicinity ofthisproperty and in this use district bec.o:use the dwellings under consideration were built prior to the zoning ordinance and were not subject to the regulations now existing. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the granting of this appeal would result in a proper allocation of the land area to each of the two existing dwellings. No construction changes are contemplated. STATE OF NEW YORK ) ss COUNTY OF SUFFOLI< ) William H. Cassidy Elizabeth A. Cassidy Signature ! Lefferts P. Edson Sworn to this .......... ~..5.~.~.. .......................... day of ..... .~...e..]?..~..u..~...r.~z. ............................... 19 68 MADSLY~N M. BA,~ER NOTARY PU~LI~C. State of 'N~w York No. 52-0138300 - Suffolk County Term Ex~ires Morch qO~ 3969 0 01 59 \V!LLIA¢ LA~,J D