The URL can be used to link to this page

Home My WebLink About1169 TOWN OF SOUTHOLD, NEW YORK ACTION OF TIdE ZONING BOARD OF APPEALS Appeal No. 1169 Dated March 9, 1968 ACTION OF THE ZONING BOARD OF APPEAL~ OF THE TOWN OF $OUTHOLD T0 Mauro Enterprises,Inc. a/c Francais J. Van Manen Mastic, Suffolk, New York DATE ~I;~X.J.].-...4~.- 1968 Appellwnt at a me,eth~g of the Zoning Board of Appeals on was cansidered and the action indicated below was taken on your , ~ i~equest for variance due to lack of access to property ( ) Request /or a special except4~n under the Zoning O~dinance ( ~ Reques~ for a variance to the Z~nh~g Ordinance ~ ) the appeal ]. SPEC]AL EXCEPTION. By re~lution of the Board it was determined that a spec~ exc~on ( ) be gran~d ( ) be ~e~ed p~r~t to Artick .............................. Secti~ ............................ Subsec~ ......................... ~r~raph ............................ of the ~ng Ordinance, ~d th.e decision of the Building I~sp~r ( ).be reversed ( ) be confirmed because 7:40 P.M. (E.S.T.)~ Upon application of Francis J. Van Manen, 581 Onderdonk Avenue, Ridgewood, New York, for a variance in accordance with the Zoning Ordinance, A~ticle III, Section 305, for permission to erect a dwelling with insufficient front yard setback. Location of property: north side A~bo Drive, west side G.I. Lane, Laurel, New York, bounded n~rth by ~orton ~ Creek, east by G. I. Lane, south by Albo Drive, west by K. Tuthill. 2. VARIANCE, By re~oluti(m of the Board it was determined that (a) S~ric% applica~on of the O~dinanoe (would) (would not) pm~duce practical difficulties or unnec- essary hardship because See Reverse ih) The hardship creaged (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 thc Ordinance and change the ¢~mrac~er of the district beck, USe (would) (would not) See Reverse and therefore, it was further dete~n~ned t~at the requesSed varia~ce ( ) be granted ( ) be denied and ~hat the p~e~ious dech~o~ of t~e Building Inspector ( ) ~e eonfirraed ( ) be reversed. FORM ZB4 After investigation.and inspection the BQard finds that the applicant requests permission to reduce the average front yard setback of 35 feet, to 20 feet. The Board finds that the applicant has an odd-shaped lot sloping uniformly to the north and that this slope is an unusual topographical hardship. The Board finds that strict application of the Ordinance will produce practical difficulties and unnecessary hardship; the hardship created would be unique and would not be shared by all properties in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. Therefore, it was RESOLVED that Francais J. Van Manen be granted permission to reduce the average front yard setback of 35 feet to ~0 feet on Albo Drive, on the immediate lot.west of G.I, Lane, Laurel, New York. NO~ICE OF HEARINGS Pursuant to Section 267 of the Town L~w and the ~o~lons of the ~ended~ B~ld~ Zo~ Or--ce of the To~ of ~uthold, S~olk County, New York, ~ub~c he~s ~B ~ held by ~e Z~ ~d of A~ of ~ To~ of ~uthold, at the To~ Office, ~, ~u~old, New York on Ap~l 4, 1~, on t~ fo~o~ng aP~a~: ; ~:3~ P. M. (~), u~n applicatio~ of ~cts J. Van ~en, ~I do~ Av~ue, Ri~ew~, New York,~ for a ~r~nce ~ ~cordan~ w~th the Zo~ ~, ~tcle HI, ~cti0n 305, for ~ion ~ ere& a dwel~ni v~th i~icient front yard set.ck. ~ation of prope~y:' no~h side Albo~ ~ve, e~t side G. I. ~, Laurel?~ New York, ~unded north by Horton ~k, e~t by J. ~o, south by Ai~ Drip, west by G. I. ~e. ~:~ P. M. IE~), u~n app~cation ~ of ~cis J, V~ ~en, ~10nder- dank Avenue, Ri~ewo~, New York, for a ~flance in accordance ~th the Zo~ Or~nce, A~icle III, Sectio~ 3~5, for ~ion W erect a dwellim~ with i~ufficient front y~d ~tback, ~cation of pro~y: no~h side ~ ~tve, we~ ~de G. I. ~e, ~el, Ne~ York, ~unded no~h ~ M~tha Hu~ing, east by G. I. ~ne, ~uth by AI~ Drive, w~t by K. ~hilh ~:~ P. M. lEST), u~n application; of ~do Co~truction Co~., 3~ Rose- vale Avenue, ~onkoma, New York, a/c ~i~ ~rocca, 15~l-~6th S~eet,' Br~Myn, New York, for a variance tn acco~ance ~th the Zo~ ~dinan~, Ii ~icle HI, ~ction 304, for ~rmi~ion ~ to b~ld ~th r~u~ ~t~k. ~tion of pro~: south side Bay~ew R~d and p~ ro~ (~i~th ~),: ~ew, ~uthold, New York, ~unded no~h by ~e~ Road, e~ by C~- ardeUa-~ggiano, south by Arthur ~, w~t by Ro~ J. Kolyer. 8:15 P. M. (~), u~n application of ~oyd Te~, Main R~, Orient, New York, for a s~i~ ex.priori ~rdance ~th the Zo~ Ordin~ce, ~icle X, ~tion I~A, for ~is-~ sion ~ ~new a fa~ ~r camp ~r-~ ~t gran~ April 13, 1~. ~ation ~o~y: ~uth side Main ~, Or-: lent, New Yor~ ~d~ north by Main ~d, east by S. KorolesM, and R. & H. ~tham, ~uth by ~u~ Beach Bay, west by ~s E. W. ~t~m Est. Any ~on desiring to ~ heard on the abo~ applicatio~ should appear at the time and place so s~cified. DASD: ~ARCH 14, 1968 BY ORD~ OF ~ SOU~OLD TO~ ~D OP APPEA~ COUNTY OF SUFFOLK / STATE OF NEW YORKl ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATflTUCK 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-Mottituck Watch- man once each week for ..... successively, commenc ng on the .......... ~;~.~...~:.c.. .......... of ......... ......... day ~~ '~"~"~ Sworn fo before me this ...... ~...~x~.. ......... doy of ....... , Commission LEGAL NOTICE Notice of H~Hngs Pursuant ~o Section 267 of the Town Law an~ the l~avisions of the amended Build/ng ~one Ordinance of the Towr~ o£ Sonthold,. Suf/olk County, New York, public hearings will be held, by the Zoning Board of Appeals of the Town of South- old, at the Town Office, Main Road 19S~6~thold, New Yca'k, on April 4:t 968, on the /ollowing appeals: 7:30 P.M. (E.S.T.), Upon applica- tion of Francis J. Van Manen, 581 Omierdonk Avenue, Ridgewood, Hew York, f(~r ~ variance in ac- cardance wi~h the Zoning Ordin- ance, Article III, Section 305, permission to ~rect a dwellin~ with insufficient f~ont ~ setback. cation of property; north side All)0. Drive, east side G. ~I. Lane, Laurel, New York, bounded north by Her- Wn Creak, east by J. Longo, south ,by Albo Drive, west by G. I. Lane. 7:40 P.M. (,E,S.T.), Upon applica- tion 'of Francis J. Van Manen, 581 .Onderdonk Avellue, ~idgewood, New Y~rk, for a v~iance in aceard- ance with the Zoning Ordinance, Article III, Secti0~ 305, £or permis- sinn to ea'ect a ¢hveliing with in- sulficient fr/~nt .Y.~I~ s~tback. Loca- tion of property: north side l~rive, west side G. I. Lane, Lau~l, ~lew York, 'bounded north by Mar- l tha Hnisi~g, east ,by G. I. /.~ne, i south ,by ~Al'bo Drive, west by K. Tuthill. 8:00 P.M. (E.S.T.), Upon applica- t on of I.,iito Constructwn Corp., 382 l~oeavale Avenue, Rcak0~koma Avenu~ Ronkonkoma, New York, ,a/c Elias Larocca, 1571~76th Street, Brooklyn, New York, for a variance 'in accordanea w/th the Zoniag Or- dinance, Article III, Section 304, for ~ permission to build with reduced ~ setl~ack. Lccati~n of property: south ~ide Bayview Road and l~ri- rate road (Elizabeth Lane), Bay- view, Souih01d, New York, bounded i norl~ by Bay~iew Road, east by Can/ardello-Boggiano, south by Ar- thns Marini, west by P, obert J. 8:15 P.M. (E.S.T.), Upon applica- tion of Lloyd Terry, Main Road, Orient~ New York, f~ a spe- cial exc~ptien in accordance with Zoning Ordinance, Article X, Sec- tion 1009A, for permission to renew a farm label- camp permit granled April 13, 1967. L~0atinn of prop- erty: south ~ide Main .Road, Orieni New York, bounded north .by Main P,~)ad, east by & /~. Laffian~"s6//~i~y~ong Beach Bay, west by Mrs. E. W. Latham Est. Any person desiring to be heard on the above application should ap- )ear at the thne and place above specified'. DATED: MARCI-I 14, 1968, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ltM29 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: · -..~.~.- ~..~--T~...~.... ~. -~:~..~'.~.~:~.. ....being duly Sworn, says that .. ~..~. · is Printer and Publisher of the SUFFOLK ~EEKLY TIldES, a newspaper published at Greenport, in said county~ and that the notice, ,of which the annexed is a printed copy, has been published in the said Suffolk Weekl~ Times ~nce in e~ch week, ~ar ....... . .~...~. .............. ~week~ successiwly commencing on the . ~.'.~,.~. ?.~.~. ~ . .......... Swam to before me this . ~.~./~ :.. I ........... ............ ............ · .. APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO, DATE ,~[ .~..~..°..'.-Ct...9. A....Z. 2 TO TkiE ZONING BOARD OF APPEALS, ~OWN',OF SOUTH_OLD, N, Y. r Francis J* van ~anen ' ~, (~) .......................................... .~: .................. of '.o,~.8.1_,0,~ds~.~mlc..A.v.e., .......................... Name of Appella,n,t Street and Number ~i~gewood, Queens~ t{~z., ~!23Y ' ¢ , .................. ......... HEREBY APPEAL TO Municipality State THPZONING BOARD OF 'APPEALS FROM THE DEC:ISION' OF THE BUILDI~ i~.SPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Name of Applicant for permit o~ ............ .1~.5..t.i.O. ~...~f%a lk ,...i~e:¢¢.. ~b.~k ......................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Frontage Allowance LOCATION 10F THE PROPERT~Y Albo ~rz. ve Street Use District on Zoning Map ~e ~ediate lot .......................................... No, ............ .............. 2. PROVISION (S) OF THE ZONING ORDINANCE .APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinanc~e, by number. Do not quote the Ordi,nance.) 3. /]~YPE OF APPEAL Appeal is made herewith for (V') A VARIANCE to the Zoning Ordin,ance 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 ~'- ~equeSt varSanee: of' _z~.,nt foot~:e from road a!!owance 4. PREVIOUS APPEAL A previous appeal !bear'(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 (,-v/ A Variance to the Zoning Ordinance ~ont a~ e Aiiow0nce is requested for the reason that ~ ~e propert~ ru~s into Horton Creek leavi~ a relatively small ~ount of actual !smd to build on, This property also has a grading decline toward the rear of oro-pety ' ~ ~ would not be suitabel for building purposes. Porto ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary H~RDSHIP because if it would be required that i build at a dis to~aoe that would be a general average of sev back, from the monuments, t~:en from the other existi~ bui!dit~, this would place tb~ house too far at the dectir~ rear of the property. Z respectfully request a variance from this .average set. back distance a~d read. est that Z be allowed to -olace tree bui!di~g at a distance of twenty-fare (/~) from the front mon~:ents. A~ that i further be allowed to build to within twenty (20) feet of the imaginary G.i. Lane. This allowance isbased uoon a normaz t:uzlczzmg size. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this prop. erty and in this use district because there, is a sba:low of actua~t ~ian~.~ ~o build on as the dec!ini~ ls~d ru~s i~to the water of Horton Cree~o 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there wou:Ld not be an e×treme dz. zerence of set back fr~ ~ ~' ~ ~hereoL.. ~is would o~n~r pro~erties with bui!di~s ~ ~ be a s!z~h~ difference~ ~ = roue to the exz~vz~ facts, and would not violate the .... nte~tzon and spirit of the rule. COUNTY OF ~)~ ) :>" '" SwoFn t° this ..: ............... ,,/,,~..,.~,.,... ............ doy of.: ................ ~..,~.,,~ ............... · 19~z