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HomeMy WebLinkAbout1214 TOWN 'OF SOUTHOIA), NEW YORK ACTI~ON OF TH]~ ZONING BOARD ~)F APPEALS Appeal No. 1214 Dated October 14, 1968 ACTION OF THE ZONING BO~kt%D OF APPEALS OF T~fE ~OW.N OF SOUTHOLD J. Wilbur smith To 2 Carriage Court Stonybrook, New York DATE ~.O~.~ ...2~., ....~.~ 68 Appellant at a mecti~g of the Zoning Board of Appeals on November 7, 1968 ~vas considered and the .action indicated below was taken en your , I Request for variaace due to lack of access to properly ( ) Request ~or a special exception under the Zoning O~-dinance ~X) 1;eques~ for a variance to the Zoning Ordinance ~he appeal ]. SPECIAI., EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be de~xied pursuant to Article .............................. Section ............................ Sabsection ............................ paragraph ............................ of the Zoning Ordinance, and the decision of thc Building Inspector ( ) be reversed ( ) be confirmed because 7:30 P.M. (E.SoT.) ~ Upon application of J. Wilbur Smith, 2 Carriage Court, Stonybrook, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 304, for permission to con- struct new one family dwelling with reduced front yard setback, Location of property: north side Pine Tree Road~ and Billard Road, Cutchogue, New York, bounded north by Flora S, Luce, and another~ east by Billard Road~ south by Pine Tree Road, west by W. Kessler. 2. VARIANCE. B) resolutica~ of the Board i$ was determined that (a) Strict application of the Ordinance (w~uld) (would not) p~oduce' practical difficulties or nnnec- essary hardship bec,ause SEE REVERSE (D) T~le ~ardallp created (is) (is not) unique and (would) (would not) be shared by all PrOI~.2ties alike ~n 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 thc Ordinance and (would) change the cbsracter of the district because SEE REVERSE (would not) and therefore, it was further detormined that khe requested variance ( ) be granied ( ) be denied and that the pre~ious decisions of the Building Inspector ( ) ~be confirmed ( ) be reversed. FORM ZB4 Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the applicant requests permission to construct new o~e family dwelling with reduced front yard setback. The applicant is the owner of a corner lot and wishes to construct the house 25 feet from Billard Road. The Board finds that the applicant's lot is 110 feet by 1~0 feet. There is no hardship involved here. The applicant proposes to build a house that is too large for the lot. The Board consid~ s this a self imposed hardship. The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the hard- ship created is not Unique and would be shared by all properties alike in the i~ediate vicinity of this property and in the same use district; and the variance does not observe the spirit of the Ordina~lce and will change the character of the district. Therefore, it was RESOLVED J. Wilbur Smith, 2 Carriage Court, Stonybrook, New York, be DENIED permission to construct new one family dwelling with reduced front yard setback as applied for on property located on the north side Pine Tree Road and Billard Road Cutchogue, New York. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of th( Town Law and the provisions of the amended ,Building Zone Ordinance of the Town of Southold, ~uffolk County, New Yo{k, public hearings will be held by the Zoning ,Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, ['{ew York, on [No~ember 7, 1968, on the following appeals: 7:30 P.M. (E.S.T.), upon applica- tion of J. Wilbur Smith, 2 Carriage Court, Stonybrook, New York, for a variance in acordance with the Zoning Ordinance, A~ticle III, See- ti~)n 304, for permission Ito eon- struct new one family dwelling with tons Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec- tion 303 and Article X, Section 1000A aS appliea'ble to Article IV, for permission ,to set off less than 100 ft. front lot for mixed occupancy building. Location of property: north side of Main Street, South- old, iNew Y~rk, bounded north by railroad, east by W. G. Albertson reduced front ya~:~ setback. Loca- l' ~ ...... aa~d Mullein, south by Main Street, ~on o~ property: narth s~ae ~me ~ R~d and Billard Road Cutch- w~ ~y G. Alber~on. ~gue, N~w York, ~unded ~orth by 8:15 P.M. (Y.S.T), u~ applica- ......... I tio.n of Clifford and ~wina Tyler, Billard Road, s~th by Pine T~e{ , ~ cno~e, ~ew ~ad', w~t by --.ur ~e,."~'~ ~ [ York, for a special exception in ac- . . [ ~rd~nee with the Zonisg Ordinance, ti~4~f ~h ~')~e~: [Article Ilia ~tion 350, [Subsec- ~,m,,~,n ,~v~ .,~,~~' ........ '- . ' ] lion 4, as applies ~der A~icle IV, · . - travel trailer camp area ~ca.tion- dlnance, Arhcle Il,I, Section 305, and of prope~y' .north si.~'e School Article III, Section 307, fro' permis- sion to retain £nsufficient front yard seiback and sideyard on ]existing bull, fling, and for approval of access !in accordance with the Sta~e of New York Town Law, Section 280A. Location of property: South side Jackson Street, New Suffolk, ,New York, bounded north by I Jackson Street, east by other la,rids of Quinn, south by other lands of Quinn, west by J. Marming. 8:00 P.M. (~E.S.T.), upon applica- finn of Albert Albartson, Jr, Hot- Hou,se Road, Cutchogue, ~New York, bounded north by S. Kurzewski, east by A. McCaffery, south by School YIouse Road, west by W. $. 'Baxter and others. Any person desiring to be heard an ~the above a~phc~tions should appear at the lime and place above DATED: OCTO'BER 17, 1968, BY ORDER OF 'rile SOUTHOLD TOWAr B,OARD OF APPEALS liN1 ,1¥ Sworn. SUFFOLK ~rt. in said u printed ,kly Times .]. week~ COUNTY OF SUFFOLK STATE OF NEW YORK SS: NOTICE OF HEARINGS Pursuant to ~ection 267 of the Town Law and the pro~isigns of the amende~ B~l~g Zone Ordi~nce o~ the Town ~ ~uthold, Suffolk County, New York, p~bHc he~ings will be held by the Zo~g Board of Ap~als of the Town 0f ~uthold, at the Town Office, Main ~, ~uthold, New York, on No- v~r 7, 1~8, on the following ap- ~:30 P. M. (EST), upon application 0f J. Wilbur Smith, ~ Ca~iage Court, Sto~brook, New York, for a variance ~ acco~ance with the Zo~ng Ordi- ~nce, A~icle III, Section 3~, for ~r~ion to co~t~ct new one family dweH~ with redu~ front yard ~t- ~k. ~ion of pro~rty: north side ~e ~ee Road and Biliard Road, Cut- chogue, New York, ~ded north ~o~ S. Luce and another, east by ~lll~d ~, ~uth by Pine ~ Road, w~t by W. Kessler. ~:~ P.M. (~), u~n application, 0f Hugh Qui~, Old Field Ro~, Old ~eld, New York, for a vari~ce ace~dan~ with the Zo~ng ~di~nce, ~icle HI, ~ction 305, and ~ticle ~, ~ion 30~, for ~rm~ion to re- in ~icient front y~d ~tb~k and ~de~d on existing build.g, and for appw~ of ~cese in accordance ~ ~e Sta~ of New York Town ~ction 2~A. ~cation of pro~rty: ~U~ ~de Jac~on S~et, New Suf~ fo~, New York, ~unded north by J~n St~et, east by other lands ~tnn; ~uth by other lands of ~n, w~ by J. M~, $:~ P. M. (E~), u~n application of AI~ ~r~n, Jr., HorW~ ~e, ~u~old, N~ York, for a ~ ~r~n~ with the Zo~ng ~- ~, ~icle III, ~c~on ~03 and ~de X, ~tion I~A ~ applicable W ~icle ~, for ~lon ~ ~t off l~ t~ 1~ ~. f~t lot for ~xed ~ ~1~. ~tion of p~ ~: ~ side of M~n St~t, old, Ne~ ~ork, ~unded no~h by mil- ~, ~ by W. G. Al~on and M~n, ~th by Ma~ St~, w~t 8:15 P. M. (~), u~n application of ~ff~ ~ ~wina ~ler, ~h~l ~ ~, ~ho~e, New York, for a s~l exception in aceo~ ~ ~e Zo~ ~ce, ~icle ~, ~ten ~, Su~ion 4, ~ ap- plies ~d~ ~icle IV, for per,sion ~ o~ a ~ient ~avel t~ller ~p ~ea. ~tion of pro~y: no~h 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 ........ ~..?.~.....(.../.J ....... weeks successively, commencing on the ......... ..'~.../.....~... ................. dayo, ........ ...... ,.., ............................... .... Sworn to before me this ........ ~. ........... day of .......... ~-~ Notary Public side School House Road, Cutchogue, New York, bounded north by S. Kur- zewski, east by A. McCaffery, south by School House Road, west by W. J. Baxter and others. Any person desiring to be heard on the above applications should appear at the time and place specified. DA'£P.i~: OCTOBER 17, 1968 BY ORDI~, OP 'l'iit~ SOu-z~-iOLD TOWN BOARD OP APPEAL~ TOWN OF SOUTHOLD, N£W YORK APPEAL FROM D'EC:ISION OF BUILDING INSPECTOR TO THE ZONING BOA~RE~/OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE .... Name faf App~lla. rff Street and Number ..... J~3.~ ............. HEREBY AppEAL TO ~' Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED e~¢ ~ ~J¥.:~ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Name of Applicant for permit of ~....q~. ::~A..~t~ ~ ....... ~.t~z~.~.~k .... .~...~ ~ .............................................. Street and Number Municipality State PERMIT TO USE ~ ~ ~,~ ~ ~~ PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..?~...~{~.~..~'..~..~.A.,A.~,~,F~..~..~,~3'~...~.~. .......... Street Use District on Zonin~ MOp ......................................... ~X}~ .................. ~'~ ~ ~, ~ Mop No. Lot No. 2. PROVISION 6) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,n.ance.) 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 Law Chap. 6.2 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal~(ha.s 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 ( ) Le, qu~ested for the reason that Porn zm e{~s~erly ~,illar{ RO~on~6~e~ other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~1 2. The hardship created is UNIQUE and is not shared by oil properties elike in the immediate vicinity of this property ond in this use district beca;use 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because~ ~e,~nt to th~ ~rea~ STATE OF NEW YORK ) ) ss COUNTY OF ~22; ) Signature Sworn to this ~} day of ....... O~e,,~; ~.~ 1~ I~0RM ~O. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ......................... . .0...C. ~.0.~...e...r.. ...... .].~ ........ 19..~.8.. To .. ~ .'....~..i,~,b...~.?.....S..m...~..t...h.. ....................................... ........... 2:..ca.r.~.~g~.....c.o.u~...t ................................ ........ :S.ton~br~ok~ ...... N~X., ................................ PLEASE TAKE NOTICE that your ,application dated ................... .0.C.1~ .......... J.~. ....... 19...6...8.. for permit to construct ....d..~..~..J:.t...i_n.g ................. at thc premises located at .... .N../.~ ..... .P.:.f..n..e......T.r..ee Rd ...... ..&.....W../..S.. .... ..B...i..1...1...a..r...d.....R...o..a...d. .................. Street Cutchogue ~ N,Y~ Map ......... Xxx .......................... Block ....... XX~ ........................... Lot .......... :EJEE ............................... is '. _ ' disapproved on the followin~ ground,q ......... .I..~.~.~..j,.e..~,.~.~.~....f...~..Ql~ .~..a...r.~.....s..e..t.h.a...e..k......o..n....E...a...s...t.~..r. ~y.....s...ig ~....(.~..t~ ~..a.r.d....~.d..). .............................................................. ......... ~..r...t....~ !~....s..~.~.. 3. ~ ......................................................................................................................... FOI~M ~0.~ 1 · O,WN OF DDUTHOLD ~UILD~JNG DEPARTMENT TOWN ~:LERK'S OFF~CE $O,UTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ............................. Disapproved a/c .............................................................................................. App![bation No ............................. (Building Inspector) Date October 15 19 68. 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 drown on the diagram which is part of this application. c. The work covered by this application may not be commenced before issua.nce of Building Permit. d. Upon approval of this application, the Building Inspector wilt 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 building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupanc'/ shall 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 bu ldings, additions or alterations, o~ for removal or demol.tion, as herein described. The applicant agrees to comply with all applicable laws, ordinances, b/Clding,F~e~:~ code, and regulations. ...... ................................................ ~ature of applicant, or name, if a corporation) 2 Carriage Co~t Stonybrook N.Y. (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ................................................... .9~.e.~....-....bT.....e..0.~..t..~.~.c..t ................................................................................................ Name of owner of premises ...~...,....~...~..]:.~...'t:~.....~..~..~.~.~. .............................................................................................................. If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be done..Mop No.: ....... ~...'i.'i...:.x:.:::..:.::. Lot NO.' XXX' : :': ~ :' Stre'et.and:;Nhmber; ,.~:/.,S Pi~e ,Tree Read': & ~/.S Bi!lard..Rd ,Cutcho[ue :,N.Y. Munici~alitv , , 2. State existing use' and occupancy' of premises and intended use and occupancy of proposed::con~tr~.lc'fi°h: ' .. ' :: a. Existing use and Occupancy .:,,.~&¢..~..~.~....~.~..d.. ...... ~:- ......... ; ............ ,....,,.;. .................... ::,,.x.:,.'~:,:::...x.,.xi.i ...... .. ~ ' , ~ ',i :-:' :::: , r : i : "'' 3. Nature of work (check wF .... i applicable): New' BUiJd:ing ~r''~ ..... Addition .................. Alteration .................. Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................................ 4. Estimated Cost ..... ~.br.~O.0.O..~."~ .............................. Fee ..: .... .1..0.~'.0.Q ....................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ...... .~...~.Q..i..' .......... NumSer of dwelling units on each floor ............................ If garage, number of cars ...... Q~e ............................................................................................................... ~ ........... ;i.... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ......................... ,.. 7. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories Dimensions of some structure with alterations or additions: Front ....................................Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front ...... .~.~. ......................... Rear ....... ,~..8.. ................ Depth .... ~r ................ Height .................... Number of Stories .... .o:r~ ........................................................................................................... 9. Size of lot: Front ...... :1,.1.0 ............... Rear ............ 1..1.0 ................. Depth ..... .1.~'0. ................... 10. Date of Purchase .............. Q.¢.~.,J. 9.~.~ ....................... No.me of Former Owner. ....................................................... 11. Zone or use district in which premises are situated ........ .~!..~.!!....~.~?':. ......................................................................... 12. Does prOposed construction violate any zoning law, ordinance or regulation? ............... ~.~..~. ..................................... 13. Name of Owner of premises ...~.:...~..i..~..b..~...~..~..i...'f,..h. Address ....... ~..~.9...II.~,..b..~..O...O..~.. ............ Phone No ..................... Name of Architect ...................................................... Address ............................................ Phone No ..................... Name of Contractor .......... ~. ....................................... Address ............................................ Phone No ..................... PLOT DIAGRAM Locate clearly and distinctly all 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 interior or corner lot. STATE OF NEW YORK t S S COUNTY OF ........ ~.'~"~.:~.~.]~1~ ...... ~ '' ...................... ,~..~.......~...~..~...b.~:.~.~.~.t~.. ................ ,..: ....... : ....... being duly sworn, deposes and says .that he is the applicant (Name of individual signing application) above no.med. He is the .................... ~..m..~..~.~~.~ ....................................................................................... (Cont rac~Pr, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to m.ake and file this application; that ~11 statements contained in this application are true to the best of his knowledge and belief; and t at the work w~ll be performed m the manner set fo.~h mtne apphcat~o~ filed the~i}h. Sworn to before me this /J , ~ ~ / // ...... · ................. .... ..... 7' ........ Notary Public, .~~:..~~Count~~ (Signature of applicant) ~0mm~ss~o~ Expires ~v~arch 3g~ Z~_,~