The URL can be used to link to this page

Home My WebLink About1211 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~G BOAKD OF APPEAL8 Appeal No. 1211 Dated September 21, 1968 ACTION OF THE ZONING BOAED OF APPEAT-q OF THE TOWN OF SOUTHOLD Jack Rochelle To 244-55 61st Avenue Dou~laston, New York Appellant at a meeting of the Zoning Board of Appeals on Thursday, October 17, 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 ~) 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 g~anted ( ) be den/ed 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.D.S.To), Upon application ~f Jack R~)chelle, 244-55 61st Avenues D0tu21aston, New York, for a v~riance in accordance with the zonin9 0rdinanc~, Article III, Section 303 and Article Xs Section 1000As for permission to divide property with less than required frontage and area. Location of property: east side Sigsbee Road, Mattituck, New York, bounded north by J. R~helle, east by J. Abitz, south by J.Dunne, west by Sigsbee Road. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or hardship because SEE REVERSE (b) The hardshin 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) (would not) change the character of the district because SEE REVERSE FORM ZB4 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. c ' v mo BOAaD OF PEALS ara C. Dittmann, Secretary After investi9ati°n ~nd inspection the Board finds that the applicant requests permission to divide lot with less than required frontage and area. The Board finds that the applicant proposes to reconstruct the conditions that applied prior to the acquisition ~f lot number 57% ~n the east side of Sigsbee Roa~. The Board finds that the original lots on $igsbee Hoad were 50 feet wides and there still a~e runny 50: foot lots on this road, There will be no physical change to the property conveyeds only the title to the property will be a~fected~ The Board finds that strict application of the O~dinance will produce practical di~ficultAes or unnecessary hardship; the hardship created is unique and would ~ot be shared bM all properties alike in the immediate vicinity of this property and in the sa~e use district; and the variance does observe the spirit of the Ordinance and will not change the character of the districts Therefore s it was RESOLVED Jack Rochelle s 244-55 61st Avenues Douglastons New Yorks be granted permission to divide lot with ~ess tba- required fronta9e and areas subject to the following condition: There shall be no side yard variances 9ranted on 10t No. 57. Location of property: east side $i9sbee Roads MAt~i~udk~ N~w'York~ bounded north by J. ~ochelles east by J. Abitzs south by J. DunCes wes~ by $igsbee Road · LEGAL NOTICES NOTICE OF HEAKINGS Pursuant to Section 267 of the Town L~W and the provisions of the amend- ed Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Tow~ of ~outhold, at the Town Office, Main Road, Southold, New York, on October 17, 1968 on the following appeals: 7:$0 P. M. (EDST), upon application Douglaston, New York, for a variance in accordaJace with the Zoning Ordi- nance, Article III, Section 303 and~ Article X, Section 1000A, for permis- sion to divide lot with less quired frontage and area. Location of! property: east side Sigsbee Ro~d, Mat- tituck, New York, bounded north by J. Rochelle, east by J Abitz, south by~ J. Dunne, west by Sigsboe Road. 7:45 P. M. (EDST), upon application o! Joseph Kellett, 431 Seventh Street, Caslstadt, New Jersey, and Waiter Erlckson, Jr., 300 E. 82nd Street, New, york, N. Y., for a variance in accord- ance with the Zoning Ordinance, Ar- tide IH, Section 303 and Article See~ion 1000A, for permission to divide lot with less than required frontage ~ area. Location of property: east ~de Minnehaha Blvd., Southold, New York, bounded north by M. Catan, ~ast 'by Aldrich and Coningsby, south by Ossoo Avenue, west by Minnehaha Blvd. $:15 P. M. (EDST), upon application ~f Nicholas Drosses, Main Road, Greenpert, New York, a/c' John Dros- sos, Main Road, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article IV Section 40~A, for permission to erect second on premises ground sign. Loca- tion of property: northwest side Main Road, Greenport, New York, bounded north ~by Manor Grove Corp., east by Long Island Lighting Co., south by Main Ro~d, west by A. Drossos. Any per/on desiring to be heard on the above applications should appear at the time and place specified. DAT~.~: OCTOBER 3, 1968 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK 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 ..... ~-.<:~.~',.-....~..'./...~.?ee~ successively, commencing o me ............. ./..~,4 .................. day of ......... / Sworn to before me this ......... .~..~... ....... daf of ......... ...... . - LEGAL NOTICE. ~Tot~ce o~ Hea=mg~, ~W, New Yor~, pubic wffi ~ held by the ~g ~ el App~ ~ ~e ~ ~ ~uth~d, at~ ~e To~ Office, M~ B~d, old, ~ew York, on ,~r 1~, 1968 on ~e ~ing app~M: ~:30 p.M. (E~.T.), u~ app,- ca,on of ~ack ~ch~le, 24t-55 61;t ~venuel ~a~, New York, for a va~anc~ in ac~rdance wi~ ~ning ~d~ance, Ar~cle III, ~ 303 asd ~ticle X, ~ct~on[ 1000A, for p~sion ~ divide lot with 1~ ~a~ r~uir~ frontage and~ area. ~cation ~ prope~y: east[ s~ Sigs~ ~ Mattituck, ~ew, York, ~e~ no~h by 5. R~helle, ea~ by ~. Abitz, ~uth by 3. Du~e ~t by Sig~ ~d. 7:45 P.M. (E~/S.T.), upon appli- ca,on ol ~ph Kellett, t32 Sev-' en~ Strut, Car~dt, ~ew ~e~ey,, ~d W~ter ~ickson, Jr., 300 ~. 82nd S~t, New YOrk, N. Y., for a var- iance in a~ord~ ~th lhe Zoni~ ~i~n~, ~cle III, ~tio~ 303 and ~cle X, ~tion 1000A, ior pe~on ~ ~vide lot with less ~ ~ ~ontage and area· ~atio~ of property: east aide Min- i n~aha Blvd., Southold, Hew York. bound~ no~ by M. ~ east by~ Ald~ch and Co~gsby, south ~ Os- ' seo Argue, ~est by Mi~ehaha [ Bird· ~ 8;15 P.~. (E~.S.T,), upon appli- ~' c~n ~ Nicholas 9r~s, M~n ~d, Gr~po~, ~ew York, John D~, M~n ~d, G~, ~ew York, ~r a s~ial excepfio~ in a~o~ance ~ ~e ~ -[ ~nce ~icle ~, ~on for pe~on to ~t ~ on ~m~ ~und ~. ~ation of p~y, ~or~w~t side Ma~ ~d, by ~r G~e ~., w~t by; ~g I~d ~g Co., s0u~ ~ ~d, w~ by A. D~. ~y pe~n desir~ ~ ~ ~rd ~ ~ ~ve ~t~ ~o~d ap~ar at ~ time a~ p~ce above ~ ~ OF ~P~ ' ltoll COUNTY OF SUFFOLK, ~ ss: STA E OF YORK. ....~.:..~...~<~..~t~..~??. ..... being duly Sworn, says that ...~. · is Printer and Publisher of the SUFFOLK WE£KLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the ~mnex~d is a printed copy, has been published in the s~id Suffolk Weekly Times ~nce in each week, for .......... ~ ............ week~ successively commencing on the .. ~.~ ....... day of ...~i ...... 19~. ·..'/N. .......... Sworn to before me this . ~../..~.. :.. cay of .... ........ TOWH OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥, APPEAL NO. 1, ~/~e)...~A~;K..~QC.~L~ ............................... of ..... 2.4o~..55 ..... ~Zu, t...A:¢~n~e ......................... Name of Appella,~t Street and Number Municipality ............................ HEREBY APPEAL TO State THE ZONING BOARD' OF APPEALS FROM-THE DECISION OF THE BUILDING I-N.SPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .... ...~.~ ..... ~...~,. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant far permit ( ) of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Imposing violation 1 LOCATION ~OF THE PROPERTY ...... .~./.~...,~.;~;~?Q.e..¢...~..o..8...c}. ..... .-......A~....qD~.e.~..:~..~.D....o..~.. ............ Street Use District on Zoning Map .~.~a~.ti.tu~.k..iqa,uk...R~.op.~r..~.i~.~.,...I~o,...No, 801 - Lot ~oo Map No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinande by number. Do not quote the Ordi,nance.) AP~: ltl Sec., 303 & Art. _¥, Sec. !000A 3. TYPE OF APPEAL Appeal is made herewith for (X[) A VARIANCE to the Zoning Ordin,a.nce 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 varmnce and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Petitioner desires that portion which was conveyed to him as September 8~ 1961. to divide his property and a separate paroe!, by deed, oouvey dated 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 of the age .of the Petitioner~ it is mo longer practloal for him to maintain, a' large parcel. The portion being veyed was aaquzrem as a separate place arid taxed ~paz,~ezy, According to the original filed map~ tBe lots on Sigsbee Road were ~iI 50 feat wide. There are suzzi mamy 50 foot lots Inmz~Imualzv owned~ 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,ause %he proper~ ~o~ e×aee~s ~he overall present requirements. ~ne remaining property of the Petitioner T ~ will meet the requirements ~:~:of Ar~icl9 _Iz~ Section ~0~ and the portion conveyed wIl'l conform to many of the existing lots on Sigsbee Road and with the original mez~,borhood soheme~ 3. The VarianCe would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ¢~ere ~o~l~ be ~o physical aha~ge to ~e property conveyed only t~e title to the property would be affected, Gra~t~ lng the variance will not adversely affect the public ~ y~ health or welfare of the surrounding proper~y ovmers, STATE OF NEW YORK COuNTy -) Sworn to this ......... .... x~.. ........ i ................... day ~.,~ota ry Public ~;~y ~u~c, State ct NeW No. 30.5712500 T~rm Expires March 30, Signature FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION .. ,.-~'~...6.1st. Ava... nou{}laat~n~. (address of owner ,or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation o[: Zoning Ordinance Al't Iti lac 303 & art 'X' lee' ']0~X~ ....... Other Applicable Laws, Ordinances or Regulations .................... at premises hereinafter described in that ..it .~0~-.Gl- (state character of violation) alad.. I~{~Ok~-mq .f~ .area' quag' 'be'on' ';eiv 'o~'f' ~d' '~O~' fYO~' '~' Edt' '~f ........ in violation of .A~.2. lXl. see..~0~ .& Art..X. ~e..$ ;:~ )-.5u-%.~!~. ;~. ~d~eo of (State section or paragraph of applicable law, ~oin~ce or re~lauon] TOW~ of ~ho~{ YOU ~ THE~O~ DI~T~ ~D ORD~ to comply with the law and to rem~y the conditions above mentioned forthwi~ in or before the ........ .~ ............. day of ........ ~p~F ......... 19. ~. lot ~7~ Fattituck ~ark :roperties ~e premises t~ which this O~ TO R~EDY ~OLATION refe~ are situated at (I~el Dlst 11) . .~/~. · .~2~s~;z .~a~..ka.ttituek ...... County of Suffolk, New York. Failure to remedy the conditions aforesaid .and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. ~JLLT.TA~ J. CLARK Zoning Board of Appeals Main Road Southold, New York September 23, 1968 Re: Premises of Jack Rochelle, Sigsbee Road~ Mattituck,Y~.Y. Gentlemen: Enclosed is Application in duplicate for a variance on the above captioned premises, together with check iu the sum of $5.00. Very truly yours, %/ILLIAM J. CLARK WJC:kcp encls. I