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HomeMy WebLinkAbout1195 TO%VN OF SOUTHOLD, NEW YORK ACTION OF THE zONING BOARD OF APPEALS Appeal No. 1195 Dated July 22s 1968 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Natalie Paxr & To Marvin J. Parr King Street orient. N~W York DATE ~..i?...~.,.~.~ lg58 Appellant at a meeting of the Zoning Board of Appeals onThursdays August 15, 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 appeal 1. SPECIAL EXCEPTION. By resolution of the Board it ~vas determined that a SPecial exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of %he Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7.*4,5 P.Mo(EoDoS.To), Upon applicaticm of Marvin Jo ~ Natalie Parr,King Street, O~ient, New Yorks' for a variance in accordance with the Zonln90rdinanOes ArtiGle III~ Sectio~ 303s A~ticl~ X~ Sectio~ iO00As Article III~ Section 307s Article III~ Section 309s for permission to divide lot with each side less tha~ 100 foot frontage° Location of property.* N/~ side of Kin9 Streets Orient, New Yorks bounded north by Serge Traube, and otherss easty by Holtzman, south by King Street, west by Mo Latham° 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SI~ REVERSE difficulties or unnecessary (b) The hardship-created (is9 (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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) and therefore, it was further determined that the requeiied variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be cenfirmed ( ) be reversed. FORM ZB4 ' ~ ' ON~G BOARD OF APPEALS After investigation and inspection the Board finds that the applicant requests ~rm~ssion to divide property into two lots with two. dwellings thereon. The divisio~ ~f property will not change the character ~f the district since the houses in question have :been in existence for a number c6 ye~so The Board grants the division ~f this property~ and the propertyshall he divided as follows: The easterly lot shall be co~prised ~f a frontage ~f 53 feet~ running parallel to the easterly li~e frc~ south to north from 53 feet on K~ng Street from the easterly lot running ~arallel to the easterly line to the northerly line ~f the property. This will leave approximately ?1.35 feet on F~g Street on the applican%~s lot which they. are presently residing~ o~." There' w~ll b~ a line which at no point i~ eloper ~o ~he easterly line than 53 f~et. ' The Board f~nds that strict application of ~he Ordihance will produce pract[ca~ d~ficu~tles or unnecessary b~_dshiP; the h~dship created is u~que and would not he ~ared by all properties alike in the ~d~ate vicinity of this property and in the same use district; ~nd the variance does observe the spirit of the O~dinance and will not cha~ge the character of the district. Therefore, it was H~SOLV~D Marvin J. and Natalie Parr, K/ng Street, Orient~ New Yolky he granted permission to d~vide property w~th less tha~ 100 foot frontage, as provided above. Location of property: N/~ sideof ~ Street~ Orient, New York. COUNTY OF SUFFOLK STATE OF NEW YORKI ss: LEGAL NOTICES Pursuant to Section 267 of the Town Law and the provisions of the amend- ~ Buildillg Zone Ordinance of the 'l~own of Southold, Suffolk County, New York, public hearings will be bold by the Zoning Board of Appeals of the Town of Southold, at the Town allies, Main Road, Southold, New York, on August 15, 1968, on the fol- lowing appeals: '~:$0 P. M. (EDST), upon application 0~ Austin B. Tuthill, ale Jale Lane, Mattltuck, New York, for a variance in accordance with the Zoning Ordi- ilermi~ion to construct private one car ~arage and storage building with in- sufficient front yard setback. Location Of proper~y: Channel Lane and ale Jule Lane, Mattituck, New York, bounded north by e~,~l, ea?t by Wherien, south by ale Jule Lane, west by Channel '/:45 P. M. (EDST), ul~n application ~ Marvin J. and Natalie Parr, Street, Orient, New York, for a vari- ance in accordance with the Zonin~ Ordinance, Articlo III, Section 803, Article X, Section 1900A, Article IXI, lSection 80?, and Article III, Section 809, for permission to divide lot,- each with less than 100 foot frontage. Loca- ~ion of property; N/~. side of Kinl Street, Orient, New York, bounded Ilorth by Serge Traube and others, east by Holtzman, south by King Street, west by i~. Latham. 8:00 P. M. (EDST), upon application ef Suffolk Outdoor AdvelCising CO., Ins., West Main Street, Riverhcad, New ~0rdance with the Zoning Ordinance, Article I1~, Section 300, Subsection 10, and Article IV, Section 408, for per- mission to erect an off-premises di- ~¢lonal sign 6~ x 12'. Location of l)roper~y: south side of Route 25 near Moores Lane, Greenport, New York, C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND bounded north by Main Road, east by~'TCHMAN, a public news- Greenpert Itomes Subdivision, soath by Suffolk County; and that railroad, west by ~leet ~.umber, Zuc. 9:10 ~. M. (~.nSm), upon appiicatiou I is a printed copy, has been of Suffolk Outdoor Advertising Co., Inc., West Main Street, Riverhead, Traveler-Mattituck Watch- New York for a special exception in ~ accordance with the Zoning Ordinance, ~..: ~/ / / /// wee~.~ to erst an off-premises directional ~__ ~-~ ' sign 6 x 12. Location of property: ~e .............. ,~ ...................... north side of Route 28, Cutchogue, New York, bounded north by P~lph W...~ ]9..~.~.g?. Sterling Estate, east by New York . Telephone Co., south by Main Road,//~ west by Ralph W. St~riing Estate ? of Suffolk Outdoor Advertising Co., / Inc., West !~Iain Street, Riverhcad,,~ New York, for a special exception in accordance with the Zoning Ordinance, [ Article IV, Section 408, for permission to erect an off-premises directional[tbS ......... ~.... day of sign 6' x 12'. Location of property: ......... south side of Route 25, Cutehogue, 19 New York, bounded north by Main ....... Road, east by Moores Lane or Linden Avenue, south by North Fork Country Any person desiring to be heard on the above application should ~ppear at the time and place specified. ~r.; ........ DA'l'~l~: AUGUST 1, 1968 TO~VN BOARD OF' APPEALS / LEGAL NOTICE I Notice of Hearings ~ Pursuant to SectiOn 267 of ihel ~ Town L~w ant[ the provisions of the amended Building Zone Ordinancel of the Tow~ of Southold, SuffolkI County, New York, public hearings[ will be hel~ by the Zoning Board of Appeals of the Town of South- old, at the Town Office, Main Roa, d, Southold, New York, on August 1968, on the following appeals: 7:30 P.M. (~I~D~S.T.,) upon appli- i cation of Austin B Tuthill Ote nie Lane, M~ttltuck, New York, the Zoning Ordinance, Article III, Section 306, for permission to con- }struct private One car garage and i storage buiiiling- with in~liciemt front ya~:~ ~etback. Location of property: Ctmnnel Lane and Ole Jnie, Lane, Mattituck, I~ew York, bound- ed north by canal, e~s-t by II. Thor-- ion, south by Ole Jule Lane, west by Channel Lane. 7:45 P.,M. ('E.D:S.~.), upon appli- cation of Marvin ant[~ Natalie Parr, King Street, Orient, New York, for n varlan~ in accordance with the Zoning Ordinance, Article III, Sec- tion 303, Article X, Section 1000A, I Article III, Sect{on 307, and Art- icle III, Sec{ion 309, for permi'ssion t to divide lots each with less than I00 fqot frontage. Lc~tion of '~ property: I~/E side of King Street, !Orient, Nc/~ York, bounded n~rth l hy ~Holtzman, south by K/ng Street, , west by M. Latham. I 8:00 P.M. (E.D,S.T,), upon appl/- cation of Suffolk Outdoor Adver- tising C~., Inc., West Main Street, i Zoning Ordinance, /~rticle III, Sec- i tion 300, Subsection 10, and Article IV, 'Section 408, for permMsion to Lane,. Greerrport, INew York, bound- ed nprth by Main Ro~d east by~ Greenport Homes Subdivision, south by railroad, west by Fleet Lum~ber ~;10 P.M. (E.D.S.T.), upon appli- cation of Suffolk Outdoor Advertis- ing Co., Inc., West M~n Street, Riv- erhead, New York, for a special ex- ception in accordance w{th the Zon- ing Ordineace, Article III, Section 408, for permission to erect an off- pren~bes directional sign 6' x 12'. Location of property: north side of Route 25, Cutchogue, ~Tew York, bounded north by Ralph W. Ster- ling Estate, east by New York Tel- ephone Co., south by Main Road, west bY Ralph W. Sterling Estate. 8:20 P.~M. E(.D.S.T.), uI~h al~pli- oation of Suffolk Outdoor Advertis- ing Co., Inc., West Main street, Riv- erhead, ~ew York, for a special ex- ception in ~ceerdance with the Zoning Ordinance, A-~icle IV, Sec- tion 408, for permission to erect an o~f~pren~,s~ ~i~ectional sign 6' x 12'. Lacatic~ of property: south side of Route 25, Cutchogue, New York, bounded north by Main Rea~, east by Moores lane or Linden Ave- nue, south by North Fork Country Club, west by C. Jablc~lski. Any person desiring to be heard on the ~bove applteation should pear at the time and place above specified,. DATED; A~.IGLIST 1, 1968, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS I , ' ltAu9 COUNTY OF SUFFOLK, STATE OF BlEW YORK, } ss: .... ~..~...~..~ ........... being duly Sworn, says that ....~.~. · is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said countw and that the notice, of which the annexed is ~ printed copy, has been published in the suid Suffolk Weekly Times once in each week, tar .......... l~.~. ............ week~ successively commencing on the .... .'~. ~ ~ ........... o, .... ...... ......... Svz~rn to before me this . .~.~-~ ...... TOWN OF .$OUTHOLD, HEW YORK' APPEAL FROM DECISION OF BUILDING INS, ~CTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥. I, (We) J~az~.zz~..J.,~..~.cL.l~a~%z~..~z,~ .............. of ~' ~' ~ _. ~..~.z~. ,~.t.z-:e.e.t, ....................... ~ .......................... Name of Appella,n.t Street and Number ...C~.3,e,u~...~mm..R£..~..~,~.q~f~ .......................................... i~ ..... o.r.k ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD O'F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR g~RJ~,LTJ~ ~-~ ~.-, ~= =~ DATED ..~..~..~= .......................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( Name of Applicant for permit of K ~ ~%reet . rzen~ ~ ~ ........................ ............................... ............................... ...................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permission to separa:oe one of two one-family mwet&mnos presently on a s~gie. plo+_, ~d 60 sell %he scathcr!y d-~Jc!!~g. ~ ~' ~ ' LOCATION OF THE PROPERTY .... N/E..~ida..a~..K~g..~rmm% .................. :.~-~,[...] ......... , ' Street Use Distri'~¥'*On Zoning Map lv~ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE AprpEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article iii Section ~0~ ~8 .~3"~,~ ~q~ ~ ~.~ ~000~_---- ~_O~e TTT ~e+,~ n~ ~07 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 York Town 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 A Variance to the Zoning Ordinance ) ,s requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because Petitioners c~m two sep~rate~ independent one-f~ily residences~ both over sixty years of age one a total frontage of 13~~ and total area of over 2~000 squ~re feet. Petitioners~ who use one of these proper%les for their residence~ will suffer ~conomic h~dship ~ they ~re not permitted to divide and-~sell the adjoining one-family residence~ since they c~nnot use both residences ~ud carmot ~fford to ~aintain both houses. 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 peti¢ioners are Jm t~e ~mique poll%ion of ~i~g two co~pletely separate one-family dwell~ugs next to each other~ each of wbic~ has less th~u loc foot frontage~ Pet£O~onsrs do not ~m adjoinLug property znd are not gole to acc~.~ulate property on ~t~g Street so ~s to create two separate 100 foot frontage plots. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 2etit±oners ~e no% seeking to aonst~zct or change e~zisting one-f~tily dwellings which have existed on this site for approxi~ately fifty years, in addition~ z~ost of the ~wellings in the h~let of Orient' are of a s~ar age and are on -mudersized plots° STATE OF NEW YORK ) ) COUNTY OF ~q_~0~ ) SS ~./~gnature Sworn to this ....~2nd .................................. day of .............. ~ui~ .................................. 19 68 RIChArD D. LONGWORTH COUNSELOR AT LAW 5!~ PLYMOUTH ROAD ROCKVILLE CENTRE, N. Y. ~1570 June 4, 1968 Building Inspector Town of Southold Main Road $outhold, L. t. 11971 Attentmon. Mr. Te~ Dear Sir: I represent Mr. and Mrs. Parr who have purchased the property shown on the enclosed survey, which consiste of two separate one-family dwellings with ou%huildi~s, located on King Street, in Orient. It is m~ clients' intention to use one building as a residence and sell the other building. Therefore, I am re- questing of you permission to divide this property which I understand will necessitaSe an application to the Board of Zoning Appeals. Your attention in this matter is appreciated, and I will await word from you. RDL:tb Enc. 3'tt~,e 6~ 1968 Mr. Richard Longworth~ Attorney Plymouth Road Roekville Centerl N.¥, Dear Sirt Your letter of June ~th and map of land of Marvin Parr received today. I Have reviewed the surv~ and find the followings- There is insufficient frontage to divide into two lotsl each lot requires lOOft front - Art III see 303 & Art X sec I~M3A The dwelling in the South west corner of lothas insufficient side yard . minimum of lOft required, Art III sec 30? The ~al-n on the North East corner of the lot does not have enough side yar~ . minimum of 3 ft required-Art III sec 309 Enclosed please find application forms to file an appeal ,Auder the sections above cited~Tee$ ~.00 This letter will suffice as a denial to you to make the division and get the matter to the Board of Appeals, Yours truly Building Inspector N;,,AO"OO' lO' W. MAP 01:' LANO ~VIA~VIN NATALIE PA~ Of~t ENI', N ."t/,