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Home My WebLink About1190 ACTION OF THE ZONING BOAIRJ) OF APPEALS Appeal No. ~.3.90 Dated June 28v 1968 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Robert Pascale To Rabbit Lane Fast 14a~:ion~ l~w York AppeHant at a meeting of the Zoning Board of Appeals on l'hll~t~d~y's July ],lis 1968 was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to prbperty ( ) Request for a special exception under the Zoning Ordinance ~ ) Request for a variance to the Zoning Ordinance ( ) 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 Zonin~ Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because _8~00 PeM,(I~,De~,T,)e ~ application ~f Robe~:t Rabbit ~ ~st ~i~v ~w Y~ks f~ a v~e ~ ~e ~th ~e a ~ivate ~o c~ g~aoe ~ a~flcient s~ y~d ~=ty~ no~ s~ ~ Rabbit ~ (~ivate =~ht ~ w~) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties (b) The hardshil~ created (i~) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the sa~e use district because (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 further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FOBMZB4 {~~~-~. NING BOARD OF A~ter L-west~gatic~ and inspectica the l~oa~d f~ ~ ~e ~ a~l~c~t z~sts ~ssi~ to c~stz~t a t~ ca~ g~a~ ~ lot has -been held in single and separate o~nership since, the enact~nt of the $outhold Town Building Zone 0~dinanceo A condition o~ 9ranting this variance is that under no c~mcumstances 'shall this structure be used for residential dwelling. ~his stn~ctt~e shall be setback the same d/stance from the road as the structure on the east, which is 35 feet from Rabbit Lane. The structure shall be lOcated no closer than three feet from elthe~ side line. The ~oa~d ~indS that strict application c~ th~ O~dlnar~e will ~e ~ip c~eated is ~ ~d ~ld not ~ sh~r~ ~ all p~o~ties al~e in the i~m~diate vicinity c~ this property ami in the same use district and the variance do~s observe the spirit c~ the o~dlnance and will not change the character of the district. Therefore, it was P.~SOLREI) Robert Pasco/e, Rabbit Lane, Bast ~a~ion~ New York, be granted pe~ssion to construct a p~ivate two cam garage with insufficient side yard amea, as applled f~, and subject to the conditi~ set forth aboove. LocatiOn c~ property: north side Rabbit Lar~ (private right of way) east lla~i~ New York. LEGAL NOTICES NOTICE OF HEARINGS Pursuant to Section 267 of the Town ,Law and the l~ovisions,of the amended [ Bdildi~ Zone Ordinance of the Town of Southold~ Suffolk County, New York, ' public hearings will be held by the Zol~hlg Board of Appeals of the Town 0~ SOUthold, at the Town Office, Main Road, Southold~ New York, on July 11, !1968, on the following appeals: '/:~0 Pt M. ~EDST), upon application i o~ Helen Houl/s, Bay Avenue, East i Marion, New York, for a special excep- tion in accordance with the Zoning !Ord~inance, Krticle III, Section 300, Sub~ectlon I0, for permission to erect lan off premises directional sign, 4 feet by 4 feet. Location of property: land of Che~epowJcz at south side of Main Road and Cast side of Shipyard Lane, East Marion, New York, bounded north by Main Road, east by Marion Manor Subdivision, south by J. Rohde and others, west by Shipyard 7;45 P~ M. (EDST), upon application of Robert and Jean Brendel, 3635 Camp Mineola Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article ~I, Section '307~ for permission to construct an addition to a dwelling w/th insuffi- cient side yard area. Location of prop- erty: south side of right-of-way off west side of Camp M. lneola Road, Mattituck, New York, hounded nort~ by right-of-way, east by MarJorie McKeithen, south ~y Pceonio Bay, west by Lulgi Denovellis. 8:00 P. M. (EDST), upon application of Robert Pascale, Rabbit Lane, East Marion, New York, for a variance accordance with the Zoning Ordinanee, A~icle III, /~etion 3W/, for sion to construct a private two car garage with insufficient side yard arca. Location of prol~rty: north side of Rabb/t Lane (private r/gilt-of-way), East Marion, New York, bounded north by Marion Lake, east by Curran, south by Rabbit Lane, west by Crowley. Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: JUNE 20, BY ORDER OF THE SOU~HOLD TOWN BOARD O1~ APPEAI,S COUNTY OF SUFFOLK STATE OF NEW YORKI 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 for £// successively, commencing ~'~ ;~;;i."i:~i~.~;~.~:~ week/~/ day o, Sworn to before me this ......... ~:~.~. ......... doy of .. ...... , LEGAL NOTICE ~Totice of He,rings Pur~uan~ to ~Section 207 of th~ a~ended Town L~w and the provi- sions o~ tee Building Zone Ordinance of the Town of Southold, SU~olk Cour~ty, New York, public hearings will be held hy~ the Zoning Board Appeals 0~ the ~n of Southold, the Town Office, Main Road, South- old~ Hew York, or/ J~ly Il, 1968, or/ the following appeals: 7:30 t~.M. (E.D,S.T.), npo~ appli- cation of Helen Houlis. l~y Aven'ue, East Marion, New York, l~r a spe- .sial exceptian in accordancl~ with the Zoning Ordin, a~ce, Article ]LI, Sec- i~oll 300, Subsection 10, for l~ermis- ·ton to erect an off premisesS ~iirec- ~ sign, 4 feet by 4 feet. Loca- fic~ of property: land of Cheret~~v- iizz ~ south side of Main Road ami ~ side of Shipyard Lane, East MarJ~oa, ~lew York, bounded north Main Road, east by lVlarion Mano~ ,~uti~is~s, ~o~th by J. Rohde and (~thers~ we~t by Shipyard Lane. 724~ PM. (E.D.S.T.), upon plieati~ ~f Robert and Jean Bren- clbl; 363~ (lamp Mineola Road, Mat- tituck, New York, for a variance in ~or~ with the Zoning Ordin- ance, Article III, Section 307, for per ~t~!om ~ ~onstruct an addition to a dwe]l~_ with ~nsufficient yard are~. ~ of property: south side: oE ~a~_ t-~f-way off west side of Camp~ MJneola Road, Mattituck, : New Yor~ ,bounded north by rtght- of-way, east by Marjorie F. Mc- Kellhen. s~th by Pecon~)ic Bay, west by Luigi ,Denovellis. 8:00 P.M. (E.D~.T.), upon appli- ~m ~ ~ Pasoale, Rabbit Lane, EaSt Marian, ~ew York, for a . ~arianca ~ accordance with the , Zoning Ordinance, Article III, Sec- ti~u 307, f~r permssion to construct a private two car garage with ~ ~ ~ area. Location of property: north side of Rabbit Lane (,private right-of-way), Marion, ~ew York, hounded north ,Dy M~r'~'~'l Lake, eaSt by Curran. south b~ ]~bbll Lane, west by Crow. Andy l~m~n d~siring to be heard i on~ ~ &~ applications should ap- I' pe~r at the t~me and place specified. ; I~'l~J: ~ 20, 1968, BY ORD~ ~I· THE SOUTHOLD TOWI~ ~ OF APPEALS 1~ COUNTY OF SUFFOLK, ] STATE OF NEW YORK, k ss: ...-~.'. :~. ~..~!-~.~,.~. ?.~...~-.~. ~ .~..~,T. ......... ~ing duly Sworn, says that . ~.. is Printer ~nd Publisher of the SUFFOLK WEEKLY TIMES, a news~per publish~ ~t Greenpo~t, in s~d county; and ~t the noti~, ~f which the anne~d is ~ pzint~ copy, has been published in the s~d Suttolk Week~ Times ance in each week, [vr ....... ~.~ .............. week~ suc~ssiwly commencing on the ~ .............. ...... ....(X ........... S~rn to ~f~e ~e this . .~.~L. .... ~ ..... TOWN OF $OUTHOLD, NEW YOP, K APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ^PPEA NO. ! / ¢ 1, (We) ......D,o~..:{:;...~.a~e .a,.~..e .......................... of ............. ~!~ D.~j..%.. ~a, i3.e~ .................................... Nome of Appello,nt Street and Number .......................... .$~.~.$...t... ~i~.ion . . . .... ~, ........................................... N ~.*. ....................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED ~.:~'~, ~9~ ~968 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) ..E.o.b.¢~. 2.~s.¢.al~ ........................................... Nome of Applicant for permit of .... £tab. hl,t.. La~e ......... ~- ~'¥'~ ~' ~s.t.. ~,~,~i.O~ ...... ~-~.,,.~., ....................... Street and Number MuniCiPality State ....................... PERMIT TO USE PERMIT FOR OCCUPANCY ~rmit to build an accessory buildi~ I LOCATION OF THE PROPERTY ....... Street Use District on Zoning Map · .~ ............................................. ~ .................. East lv~ap No. Lot No. 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 Ordinance.) 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 Chop. 6;2 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~(hos not) been made with respect, to this decision of the Building Inspector or with respect to this property. Such ~ppea! 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 ( ) is requested for the reason that ~y s~gie lot is not 'wid~ enou~ to meet the side yard requirements for th~ proposed Porrn ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~'~e need ~ two car garage to keep our auto~obile~ and ~tsc. storage ~p~ceo The lot is no~; ~zide enou~ to h~ve the two bays side by side ~d still ~aintain the required side yards, The garage will be setback a't the ~!!ding line so there will be no ~sua% problem with th~ ~eighbors front ~rds, Other garages and dwellings or, thi~; street do r~ot hs~ve full ~ide yards sn~d setb~s~cks, 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 bec.o;use: ~his i~ & long ~r~o~¢ lot, ~¢i~ a ~oage square footage but not ~¢h width 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because[ t~er9 &re o%he:~ ~z'~es o~ ~'t±~ ~:L~e ~f this private ~Oad that do ~ot have setback oi' f~J~t side yaz~d~ this ~ car garage will ~et back ~o there '~ilI be no l~arm or ch~age in the eharicter of the arca~ STATE OF NEW YORK ) ) ss COUNTY OF Gt~O].~ ) // ,,/~¢¢ Signature Sworn to this ................... ~ ...................... day of ............................. J~ .................. 19 68 FORM ~(~. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y, NOTICE OF DISAPPROVAL File No .................................................................... Date .......................... ~.~//~. ......... 2~. ......... .~19 ........ To ..~]~.I'.~.. ~...~.~...e.~.l~ ............................................ .............. . ~~..~ ........................................ ................... ~..~x'/~ .... ~.,.~, ..................... PLEASE TAKE NOTICE that your applieation dated ......................... ~ ..... ~.~.. 19. o.~:~ for permit to construct ...~..~&~...~/~ ...... at the premises located at .... ~. ..................... B,a~ti;..~...~...~ ~ ,~,,,) ....... : ............ Street Map ........ ~ ............................. Block ....... ~-..:g~ .......................... Lot .............. ~ .............................. is ~ disapproved on the followin~ grounds ....... ~.~l~...~...~l~]k .... · .(~U~...hu~t~g.~ ...... '".-.a~,c.~a~...u~e-.,t,~---~.i~e~me.. ....... ~.~..~.~,~.~..n.!...~..e....~...r..~..z. ....... .~.'..t...2~.~.....~.~.c....~.,~ .... .,~..3~3~. .................................... FOltlg[ ~'NO. ! TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN, CLERK'S OFFICE $OUTHOLD, N. Y. ............................ ~; ........... 7; ........ [ ...... ....................................... (Building InspeCtor) APPLICATION FOR BUILDING PERMIT 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 public streets or areas, and giving a detailed description of layout of property must 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 will issue a Building Permit to the applicant. Such permit shall be~ kept 'on the prenqises available for inspection throughout the progress of the work. e. No building sh.oH be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall hove 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 alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building cg~e' housing code, .and regu orions ..... ....... :.: .... : ..... ........ ...... ............ (Address of applicant} State whether applicant is ow~a~? fSs~e~agent, architect, engineer, general contractor, electrician, plumber or builder. ................................................ .~.~ ............ ~\ ~'~c;/,~ ~ '?"~"~""~'~f?~ ................................................................................................ ~ - ~: - Name of owner of' pre~nises ......................................................... If ~pplicant is a corporate, signature of duJy~ authorized Officer. (Name and title of corporate officer) 1. Location of land on which, proposed work will be done..Map No.: ........................................Lot No.: ........................ Street and Number ......... ~.e. ............... .~...~..~. ............... .~.~j..~...W.'.~.. .................... Municipality 2. State existing use and occupancy of premi~~ ~h'~ intended use and occupancy of proposed construction: a. Existing use and occupancy /~ t ~,~/~ 'T'4: L~',~ 4q ,q, ~ ~, ~ b. Intended use and occupancy ................................................................................................................................. 3. No_re of Work (check which a, ~cabte): New BuH~ing .~'. .............. Ad~ ~n .................. AItera.tion Re~air .................. Removal .................. Demoliticm...L .............. Other Work (Describe) ....... ~... :..,.. ;,: :,.....-:.: .................. , ............... tee .......................................................................................... 4. Estimated Cost ' ~ ~o -~-, (to be paid on filing this applica¢ion) 5. if dwelling, number of dwelling units ....... :~;: ................. Number of dwelling u~its on each floor If garage~ number of cars ....... z~ .................................................................................................................................. 6. If 'business, commercial or mixed occupancy, specify nature and exCent of each type of use 7. Dimensions of existing structures, Jf any: Front ;,~ .... r~ :. Rear ................................ Depth Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front ....................................Rear Depth ................................ Height ............................ Number of S~oHes ................................ 8. Dimensions of entire new construction: Front ......... L~.' ...................... Rear ........ '.~?..'. .............. Depth Height .................... Numbe~ of Stories ..........~. ........................................... ~ ....... ~ 9. Size 0f lot: Front ~C~ Rear ,~ ~T ' Depth ......... ~ ...................... i0. Date of Purchase ..... z::.:.'.:~.~: ............ :..:z~. ................ Name of Former Owner ] 1. Zone or use disCrict in which premises are situated ..................................................................................................... 12. Does proposed cohstruction vioJate any zoning law, ordinance or regub~on.. 13. Name of Owner 0~'prem~ses Name .of Architect ...................................................... Address ~ ........................................... Ph0~'b~ Name of Co~tractor .................................................... Address ............................................ Ph.o~e No PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate ail set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner f _/ STATE OF NEW ,Y-~RY-~,,., COUNTY OF... ,~.~:,~..,!~.t.~ ....... :/,, ..:. ~bove ~a.med. He is the ....................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to oerform or have performed the said work and to m,a:ke and 'F[~e this application; that ail statements contained in this application are true to the best of h[s know~edge and belial; and that the workwil~ be performed ha-the manner seC forth in the application filed therewith. Sworn to before me this Notary P u b, ~c, }~ .~-.~,L~ ~¢~z~ .... ~TA~v PUBLIC, State ot "~"~o '~2-3233120 Suffolk ' ~6~ Fxo~ras ~rcb 30~'19~ 4~5 Rabbit Lane East i~.arion~ ?~. Y. 11~39 June 25, 1965 Board of Appeals To~,n~ of Do~tho!d Hain Road Doutho!d, 13. ~. U~th rega~wl to the application of llr. R. J. Pasca!e of i~,bbit Lsme for a variance to put up a two-car garage, 19' wide, on the 25' lot adjoining my prop- crty on the west, please be advised that I have no objection to t_j%e 6ranting of this variance. .~ours very trul~ ~1 Ernest C.~. Curran EG~ :rap