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Home My WebLink About1222 TOW~ OF SO~3~OLD, N~W ACTION OF TH~ ZONING ~OA~I) OF AppealNo. 1222 Dated November 15, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Rev Robert C. Haupt 52 New Mill Road DATE D. ecezaher. 5, 1968 1968 Appellant at a meeting of the Zonir~ Board of Appeals on December 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 ~ ) Request for a variance to the Zoning Ordinance 5, 1968 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception (X) be granted ( ) be denied pursuant to Article ....TT~.~ ...... Section ....... 30.'].... Subsection .................... paragraph .................... of the Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:45 P.M. (E.S.T.), upon application of Rev Robert C. Haupt, 52 New Mill Road, Smithtown, New York, for a variance in' accordance with the Zoning Ordinance, Article III, Section 307, for permission to construct addition with insufficient side yard. Location of property: Lots 73 & 74 of Gardiners Bay Estates, east side of private road, East Marion, New York, bounded north by H.C. Heess, east by A.G. Viehhauser, south by H.F. Ressmeyer, west by private road. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (~vould not) produce hardship because practical difficulties or unnecessary 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 u~e c~istrict 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) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 After investigation and inspection the Board finds that the applicant requests permission to construct an addition with insufficient side yard. The applicant is the owner of two lots in Gardiners Bay Estates. This subdivision was made'part of the Zoning Ordinance in 1957 as the lots in this subdivision are undersized. All undersized lots held in single and separate ownership are automatically granted a 50% reduction in side yard. The granting of this variance will not ~arm this area. The Board also points out that the street this lot fronts on will never become a T~n Road in viev of the fact it is too narrow. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would be shared by all properties alike in the immediate vicinity of this property and in the sam~se district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. Therefore, it was RESOLVED, Rev Robert C. Haupt, 52 New Mill Road, Smithtown, New York, be granted permission to construct an addition with insufficient side yard, property located east side of private road, East Marion, New York. l~ot::Lce o~ Heaz':lJ~n lxdrsuant to Section 267 of ~he To~n ld~ and ~e ~l~ of ~e ~n~d Bulld~q ~e ~d~ of ~e ~ of ~ld, Suffo~ C~nty, H~ ~k, of ~ ~ of S~old, at ~e bn Off~, ~ foll~ a~ls: 7z30 P.N. (K.$.T.), upon &pl:~:tont~on Of North Fork Lions Club of ~reenport and ao~ ~.0. ~ 2~, ~r~n~t, ~ ~, off ~ ~t%onl ~ ~d, mt ~ Er~t WLgE~8, .~ ~ ~ R~d and 7,45 ~.J~ (E.S.T.)0 upon &pplieatXon of Rev Robert v~n~ Xn a~ce wX~ ~ ~ ~~, ~tXcle Ill, ~tA~ 307, fOE ~li~ ~ C~t a~t~ private roads Bast Marion, New York. bo~ndod north by H.C, assam, east bM A.G. Vlehhau~er. south by H.F. Rooamoyoz. west bM private roa~ Any person deaix~ng to be heard on the above applications DATBDs MOVEMBBR 21, 19~8, BY ~R OF Tfl~ $OUTHOLD TOWH BOARD OF APPBAL~ THREE (3) AFFXDAVXTS OF I~BL31:ATXOBI TO THB SOUTHGLD TOWH BOARD OF A~I~at.L~, MAH acheD, $OU~HOLDe MEW Y~tK. COPXES maAled to the £ol~ing ou Movember 25. 1968t The Long b~d Tra~ler~ttit~ wat~ ~e Su~o~ ~e~l~ T~s LEGA,L..NOTICE Notice of Hearings Pursuant to Section 26/ of the Town Law and the provisions of the amended~uilding Zone Ordinance vf the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board o! Appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York, on December 5, 1968, on the following appeals: 7:30 P.M. (E.S.T.), upon applica- tion of North Fork Lions Club of Greenport and Rotary Club of Greenport, p.O. Box 204, Grcenport, NeW York, for a special exception accordance with the Zonk~g Orc~in- ance, Article I~I[, Section 300, Sub- ,secti(~n 10, for permission to erect an off premises <~irectional sign on the property of Floyd F. King, Jr. Location of property: north aide of. ~oute 25, Greenport, ~ew York, bounded north by L.I. Sound, east by Ernest Wiggins, south by Main Road and D. Ripley, west by William J. Pollert. 7:45 P.M. (E.S.T.), upon applica- tion of Rev. Robext C. Haupt, 52 New Mill Road, Smithtown, ~ew York, for a variance in accordance with the Zoning ~rdinance, Article III, ~ectinn 30~, for permission to con- struct accretion with i~sufficie~t side yard. Location of property: Lute 73 & 74 of Gardiners Bay Estates, east side of private road, East Marion, New York, bounded north by H.C. I-Ieess, east by A. (L ¥iehhansec, south by .H.F. Rassmeyer, west by private road. Any persox~ desiring to be heard on the e,bove aixpltmti°na should appear at the time and place above specifiecL DATI!ID: I~oVEIIBER 21, 1968, cOUNTY OF sUFFOLK, STATE OF NEW YOR~, .....~. ,,, .~., .¢~?..~...~..._,,, .~-~...~.~ .... ~ing duly Swo~n, s~s that . .~.. is Printer and Publisher of ~he SUFFOLK WEEKLY TI~ES, a news~per pub~sh~ county: and ~at the noti~, of which ~e ~e~d is a ~inted copy, ~s been published in the ~d Suffolk Weekly Times once in each w~k, for ........ ~ ............. week~ snc~ssiveiy commencing on ~e .~ · · ~ ~ ~ ~'' ~'~ of . .... Sworn to before me this . COUNTY OF SUFFOLK STATE OF NEW YORKI ss: NOTICE ~OP HEARIN~GS ? Pursuant to Section~267 of, the Tow~ Lav~ and the provisions of the amend- ed Building Zone OrdinanCe of the Town of Southold, SUffolk' County, York, PUblic hearings wily ~e[ held b~ the- Zoning Board of Appealed; 0f~ th~ Town 0f 'Southold, at the Main Road, Southold, New York, on December 5, 1968, on the following appeal~s: . 7:30 P. M. (EST), upon application! of North- Pork Lions Club of Greenport and Rotary Club of Greenpor~, P. O, Box 204, Greenpor~, New York~ for a special exception in accordance with the Zoning Ordinance, Article III, Sec- tion S00, Subsection 10. for permis, sion to erect an off premises directional- sign on the property el Floyd P. King. Jr. Location of property: north side of Route 25, Oreenport, New York, bounded north by L. I. Soun'd, east by Ernest Wiggins, south by-Main. Road and D. Ripley, %vest by William J. Pol- lert. 7:45 P. M. (EST)~ upon application Of Rev/Robert C. Haupt, 52 New Mill Road, Smithtown, New York, for variance in accordance with the Zon- ing Ordinance, Article Iii, Section 307, for permission to construct additiofi' with insufficient side yird. Location of, property: Lots ~3 &~ 74 of Qardiners Bay Estates, esst side of private road, East Marion, New York, bounded north by H CHeess, ~east by A. ~. Viehhauser/ south by H. P. Ressmeyer, west by private road. Any person desiring tO be, heard om fthe above applications should appear at ~he time and place specified. tDATED: NOVEMBER 21, 1968 f BY ORDER OF THE SOUTHOLD i~ - TOWI¢ BOARD OP APPEALS C. Whitney Booth, Jr., being duly sworn, soys that he Js the Editor, of THE LONG iSLAND TRAVELER - MATTITUCK WATCHMAN, a punic news- paper printed at Southold, in Suffolk County; and that the notice of which the a:nnexed is a printed copy, has been published in said Long Island Traveler-Mottituck Watch- man once e~ch week for ........ ~...['../.../.. ....... weekJ successively, commencing on the ........ ...~:..~...~ .............. dayof .... ~.; ........ ~.., 1 d? Sworn to before me this ...... ~..'.~..."'"'..~ day of ..... ......... , Notary Public State of New York Res[ding i~ Suffolk Coul~ty Nm 52-3041000 ~__~ Commission Exoires ~¢Jarch 30, 1~,~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OTiCE OF DISAPPROVAL File No .................................................................... Date ................................... .}..~..°--Y--~.~,b..e..,r....]k. 19...® ........... 52.. ge~...I~ill.. ~.oad ................................ ............ ~i.t, hto.wn ..... L..I....~...~...Y ...................... PLEASE TAKE NOTICE that your ,application dated_ ................. ~.O.X ........ .~.~ ............ 19....6...~. tor permit to construct ..a.~....a..d...d...i.t.~..°...~. ........... at the premises located at ' ............. ..P.7..i. X .a...t..e......r..o...a_.d. ......... i ............... Street East ~'~arion Map Gardinera Bay Est.m~ok Lot 73&7~ is ' --. '~ disapproved on the followin? ground~ ......... .Ins.~f. fic.i.e~t...siO, e..Yard ....... Ar.t...I!I...ae.c...3.0.7. .............................................................................................................................. FORM NO. 1 TOWN OF SOgTHOLD BUiLDinG DEPARTMENT TOWN CLERk'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved'. ....................................... , 19..: ..... Permit No ............................. Disapproved a/c .............................................................................................. Application No ............................. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector, b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or pubJic streets or areas, and giving a detailed description of layout of property ~,~ust be drawn on the diagram which is part of this application c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector ~vill issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No buiJding shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occuponc,v shah have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town Of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or a!terations, or for removal or demolition, as herein described. ilding code,.. ~t and regulations. The applicant agrees to comply with all applicable laws, ordinanc%/'l~u hou~ing code, (.Signature of applicant, or r~ame, if a corporation) (Gardiners Bay Estate% E, Marion, N.Y.) (Address of applicant) State whether oppJicont is owner, lessee, agent, architect, engineer, genereJ contractor, electrician, plumber or builder. 0~,~'~er same - (Robert C, Hauot and Sally A. ~upt) Name of owner of premises ............................................... If applicant is o corporate, signature of duly authorized officer. (Name and title of corporate officer) 73 & 1. Location of land On which propOsed work will be done. Map No.: ...... 27.,~..Eiaa .... 2.~ ............ Lot No.: ..: .................... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: Pri~ate home a. Existing use and occupancy ................................................................................................................................... b. ~ntended use and occupancy ...~.r..i..~ia..t.~..~.°.~.e. ...................................................................................................... 3. Nature of work (check which . plicaNe): New Building. ................. A, don ..... .X. ........... Aitera.tion .................. Repair .................. Removal .................. Demolition ................ Other Work (Descr!be) ........................................ 4. Estimated Cost ............................................................ Fee ........... i~"l~'~"~i~"~"~iii'~"~i~'~ii~i~'i .................. 5. If dwelling, number of dwelling units ....s..~.'_ng~.e. ............. Number of dwelling units on each floor ..... f~zze ................. tf garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front .hsZf....~...3.?:...~.e..e..~ Rear ;.~9:..Z~.....-....~.~...~.e..e..f¢ .... Depth ......2..~,...f.,e..e.~. Height t6 fee% Number of Stories oae Dimensions of same structure with alterations or additions: Front .../9.~.':...f.9.9.~. .................. Rear ...5..6...~.e,.e.~ ........... _ee~ Height .]...8...f..e..e.~. ......... Number of Stories Depth 2Lv *~ 8. Dimensions of entire new construction: Front ..... ~...f.9..e..t. ................. Rear .... 3,g..£~e& .......... Depth ...2~..£~f, ....... Height ..1..6...?..e...e.~ ..... Number of Stories ......... .o..n..e. ....................................................................................................... z~orth szde - 120;~- south i~0~ 9. Size of lot: Front ...Z..0..0....ff..e..e.~ .......... Rear ........ .~.o.~...~.~.et~. ........... Depth ............................ .-... ~ - ]0. Date of Purchase .... ~.~.~.e.~0.¢z'..J!.%..J..9.,q2. ............... Name of Former Owner .,:g.:V.~I,A~,V.~ J1..~k~...Q~.o.~...T_,~-le~ ............ I 1. Zone or use district in which premises ore situated ]2. Does proposed construction violate any zoning Iow, ordinance or regulation? ....... ..Y...e.~: .... ?' , . .............................. 13. Name of Owner of premises J~.,.Q,.~'c.~.t ..................Address .52..N~;.,~.2~ ............... Phone No. Name of Architect ...................................................... Address ............................................ Phone No ..................... Name of Contractor .................................................... Address ............................................ Phone No ..................... PLOT DIAGRAM Locate dearly and distinctly oil buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether i,nterior or corner lot. STATE OF NEW YORK, ~ c ¢ "~ COUNTY OF ................................ f ~"~' Rober% C. Hau~ ........................................... -~. .................................................... being duly sworn, deposes and says that he is the applicani (Name of individual signing appl'ication) abeve named. He is the . o~mer (Contractor, agent, corporate officer, etc.) · - , and is duty authorized to perform or have performed the said work and to m.a~ke and file this application; that 611 statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the applicat~ fi[ed therewith. Sworn to before me this *k ....... /.*~'..'..~.. ....... * ',.d~Y of ~,...~.~.~ ................., 19.~..~... N°tary~ --blic St~'e o~~t~ Pu ' t f-~~I~ '~'~' '~' '~' ' ' M': :N-aw yo~'~r.k ........ · ..~...~.[.~ Co ' un* ,y ...................................... (Signat~nt) "" ............. ' ....................... ........... 1~t'o. 511-54.':~8900 Suffolk Com2~ TOWN OF SOUTHOLD, APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /22 ~ DATE /.%.~.~..~..~ 5 L tr~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Robert C. Haunt of 52 New ~,~ili F~oad 1 (We) ......: ....................................................................................................................................... ' Name of Appella,nt Street and Number Smiti~'bo~ L, !, ~ ... New York HEREBY APPEAL TO ................................. .................... Si. ia THE ZONING BOARD O'F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ApPUCAZ O ...................................... .... ............................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Robert C. Haupt ............................... Name of Applicant for permit 52 z,~ew ~,,~z±i goad ~}~&thtovr~. L ..... ~e~,, ~or~ '~ ............ Street and'i; ........ Number; ...... ~ ........... Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY BoI~D±~iI'~ AN ADDITION PE~:~IT FOR I LOCATION OF THE PROPERTY .f~r.±~.at.a..r. oa~i ........ .C~.~,iz?~ar.~.a..Bay...Estat~s.~..Easf~..~ia~£on~ N.Y, Street Use District on Zoning Map 275 Sec. 2 73 & 7t gi;:;: ........................................ .............. 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.) Article III~ Sec. 307 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (.State of New YorkTown 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 appeal 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 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that the orig~_nal ~o!an of the house~ wher~ built in 19~3~ located the structure 18~ £rom the north boundary !~ne in anticipation o£ a £uture addition of 12~ which would still allow a 6~ distance to the property !ine. Since then~ a new to~n law requires !0~, 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 a more drastic remod, eli:~g and reconstruction of the present interior and e~%erior would be required to permit the building of an additional room~ and the added cost ~fould be considerable, The original plan~ for which 'approval is now requested~ vras designed to maintain the PZ~esent lines of the house and thus prese~re a more pleasing appearance. 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 several houses i~ this development are built on lots of only ' ~ z,~O £rontage~ whereas this one is i00~. The house ad- joining our land to the south is located 6~ £rom our !ine~ which was the accepted regulation in our area when these houses were built, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the ~roposecl. add±rich would still be some 55 to ~0 feet distant from the nearest struature~ As indicated above~ several houses in the area are presently ~;~ch closer together~ on much smaller lots, A good section of open land would still be maintained by the owner~ tho on the other side of the house. Unffortunately~ that side doesn't lend itself for the proposed addition. :' STATE OF NEW,,~YORK ) ? ;: ~. ,~ u , ,-~ t~¢'C,c~,~4? F~~) ss ........................................................... ..................... COUNTY 0 ) Signoture Sworn to this day of ~ 19 ~ NEW MiLL ROAD AND BROOKSITE DRIVE, SMITNTOWN, LI., NEW YORK 11787 O#icc . AN 5-2288 Home &N 5-6120