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Home My WebLink About1131 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAP~D OF A~PEALS Appeal No. 1131 Dated July 5, 1967 A,CTION OF TI~E ZONING BOARD OF APPEALS OF TILE TOWAI OF SOUTItOI~) To Julius Helhing Sailor's Needle Lane Mattituck, New York DATE ...JU!y...2. Q, 1967 Appellant at a meeting of the Zoning Board of Appeals on Thursday, July 20, 1967 %vas considered and the action indicated below was taken on your ¢ ) 1%equest for variance due to lack of aecess to property ( ) Request for a special exception under the Zoning Ordinance ( X Request for a variance to the~ Zoning Ordinance ( ) the appeal 1. SPI~/AL EXCEPTION. By resolution of the Board it was detemnined that a special e~eptlon ) be granted i ) be denied pursuant to Article ............... Section ................ ~ubsection ................ paragraph ............. of the Zoning Ordinance, and the decision of th~ Bulldin4~ Inspector ( ) be reversed ( ) be confirmed beceuse 8::2_.0 ~.M.,. (E.D.~S~..T.), Upon, aRp~J~cation 6f jUliUs w. Helbing, Sailros N.~e_d~e. La~e.,M~ttituCk., New ~ork, f_qr ~p. exmit to.divide .property with insufficien~t area a, nd xeco. gnitJ~on Qf ~ac¢~e'ss ~nder provisions of Article IIi, Section 303, and Article X, Sect~ion i0.00A,~of Building Zone Ordiance of the Town 'of Southoid, and New York State Town Law, Section 280A. LqcatiQn' of, p~ol~e, rty.:_ qaat hal.f of lot 931, m~p of Lida. Bartley, map 9770 filed .in C0~unt~; Cl~rk'~s 0'ffice~i bounded ~orthby James Creek, east by james creek, s. outh .by ROber Coombs, west bY James Creek. 2. VA/%LaNCE. BY resolution~ of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce pr~cticaI difficulties or unncce~sary hardship because srr (b) The hardship ~reated (is) (is not) unique and (would)-, (would not) be shared hy 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 and therefore, it was further determincd that the requected Yariance ( ) be granted ( ) be denied and that the prerious decisions of the Building Inspector ( ) be confirmed ( ) be reversed. F(YR/~ ZB4 APPROVED After investigation and inspection the Board finds that the applicant requests permission to set off a piece of property witn insufficient area. Findings of the Board are that the parcel of land proposed to be set off will be 7,650 square feet against the minimum of 12,500 square feet as required by the Zoning Ordinance, and 20,000 square feet required in all new subdivisions. The Board finds that the property is peninsular in character being surrounded by ~ames Creek on three sides. It is questionable whether or not fresh water may be obtained for this property. The proposed access for th~ parcel to be set off ~s ~nadequate to accommodate e~f~ndy;Ve~icles. It is '-' ~"'~ ' ~ ' the gra~t~ng of the the opln!on of th~ B0~d 6f ~ppeals that ~ .... · prop6sal'~'odld"a~verS~Y' affect ~ wel'~are'Qf.the Town %f' Southold and the residents of Salt Lake Vil~. " ' .... Th~Board'-~ finds 5~h&tstric ~'apPl% ca ~io~ Of ~'the' or dinance ~ill n0~Prgdu~e~pra~igal d~fficulties~or unnecessary hardship; the ~ards~hip created'is not Uniqu~ 'and Would be ~har~d b~ all properties alike in the i~.d/ate yi~inity of this property and in the same use district; and the variance does not observe the spirit of the Ordinance and will change the character of the district. Therefore, it was RESOLVED that Julius Helbing, Sailor's Needle Lane, Mattituck, New York, be DENIED permission to divide property with insufficient area and DENIED permission for approval of access on property located on the east half of lot ~31, Map of Lida Bartley Map No. 770, filed in the County Clerk's Office, bounded north by James Creek, east by James Creek, south by Robert Coombs, west by A. Ward and James Creek. LEGAL NOTICE Notice of H~.riugs Pu-r~uant to ~t~n 267 of ~e T~ ~ ~ ~e p~v~io~ of ~ of ~ ot ~u~old, surfak ~:' New York, p~blic h~s wE ~ ~ by ~e Zon- ~ ~d 0~ ~ ~ ~e Tow~ of ~old~ at ~e Town Office ~n ~d, ~old, New York, on J~ ~, 1~7 on the f~ng 7:~ P~. (E~,T,) ~n a~li- c~on of ~n~ O. Ter~ Jr. ~., ~n R~, ~ld, New York, A/C ~e BU.r~dt, ~y_ ~ ~,.~u~ N. Y. for ~e~t~n of ~e~ In ~- a~e ~ t~e S~ of N~ Yort T~n ~w, ~on ~A. ~tio~ o f P~rt~: S/S ~n ~ie~ ~; ~d~ No~ ~by ~n ~ ~; ~ by A. O'S~-, Hv~ ~ ~o; ~uth by ~ut~'[ ~rk ~vel~e~t ~.; W~t ~. ~avo. 7:.55 ~ E.D.S.~.) U~n the ~ion of ~ffe~ P ~n ~ ~, ~thold, New York, ~C Ph~p a~ Na~ie ~v~,' 3 ~r~t Jo~ Strut, New York, N~ Y. for ~C ~ Mter and con. v~t ~ existl~ f~m b~d~ W a ~si~e~ ~d ~io, sa~ faro ~b~ldi~ ~1~ ~ "non-eo~- ~g b~g" ~v~ i~u~ent ]~,,b~k f~m ~ ~bl~ h~h~y, ~ ~ for t~ ~nv~on of ~other ex~ f~m .~ W a ~der ~ ~om ~ ~ ~ 7 ~ ~.~tldt~ Zone rid. ~n ~ro~y: ~t~ s~e of ~ P~ay, ~: No. 1, ~ of "~W~d ~res,: ~tion I" ~p No ~75 fll~ i~[ ~ County Clerks o~, ~ - North by ~ 2 & 3~Sea- w~ ~r~ ~)~ ~ - F ~ln & ~e; ~ - O. ~il~ & P. [Pe~rs~,~t . ~dl~ ~r~ay, [ ~w, Soured, N.Y. ~:~ ~ (E.D~.T.) U~n ~e Ap- I~ica.ion of WHI~ W~ ~a~n ~d, ~ttttuck, N. Y. A/C g.~ W. Helbing, S~lo~ N~e ~d, ~.ituck, N. Y. f~ ~ divide ~e~y ~h insaf~ie~t ~rea ~ r~tion of ~e~; ~der prov~ions of ~t. ~ ~ and ~t X ~c i~A of .~ui~- i~ Zone orate of t~ ~own~ of ~u~old ~d New York Town L~w s~n ~A. ~on[ of ~r~y, ~t ~f lo~ No. ~ of ~a ~ley, map No. 770 ~ i~ the c~n~ ~erk's off~ce, ~u~ed - North J~s Cr~k E~t g~ ~; ~uth ~rt ~; W~t A. W~rd & J~es Creek. ~y ~rs~ desi~, ~ be he~d on ~y ~ ~e a~ge applications shoed ~r ~t the time and p~e ~ve s~lfied. ~ Da~ J~ 6, 196~, ~ o~er of the ~ld ~wn Zoning ~rd of ~ 1M14 COUNTY OF SUFFOLK, ..qTATE OF NEW YORK, ~ ss: J ...~..-..~...r-~...~..'~...~A~.. ~ . .'~.. .... being duly Sworn. says that . ...~.U., is Printer and Publisher of the SUFFOLK WEEKLY TIldES, a newspaper .publ/shed at Greenport0 in said county: and that the n~otic~, of which the annexed is ~ printed copy, has been published in the s~id Suffolk Weekly Times once in each week, for ......... ~' .~rt~.~ ............. week~ successively commencing on the . .~-~...<~..,~ ..... day of ..... ~ .......... 19~. day of ..... .~...~ ........ ...... , ..... :,. ...... APPEAL FROM DECISION OF BUILDING TOWN OF SOUTHOLD, HEW YORK INSPECTOR APPEAL NO.//~ / DATF~ . .:.':2:.'. ....... ::..~.,:... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 ,x~ J~i i.u s...%4 .... ..He.lbin~ ....................... of .... $.ai.l.e~..:.$.. ~e.e d.i e...Lan.a ...................... Na.me of Appella,n.t Street and Number ... Ma ?kr.J:~.u...c..~.. .......................................................... ~.~W...Y.o..~}f... ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD' O'F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ~.:.,~: .... (,~.?.( ....~ ....... WHEREBY THE BUILDING INSPECTOR DENIED TO Julius W. Helbing Name of Applicant for permit of ............ ............ ........... Street and Number Municipality State PERMIT TO USE ( ) ( ) PERMIT FOR OCCUPANCY (x) PERMIT TO DIVIDE 1. LOCATION OF THE PR~PERTY~Qr..~.h...~..~..~..~.$~..~.~....~.'.q.e.~:~.e.....~...~.~..e..~.t[~%.[~.....~..e...~.~..d..e.~.~.±&l Agricultural Street Use District on Zoning Map .~..~.p....ef...L.~.d.~..~.~..~i~:Z~...Y~t.t.i.t. UC~.~...L. i,, Part of Lot :.~31 Iv~op 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.) Article X, Section !000A~ Article III: Section 303 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance ~c[~z~Jc~t~ (×) 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 ¢t~ (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 ( ) is requested for the reason that ~he appellant wi~hes to portion of his land as outlined in red on the that the able to sell this appellant may be divide the northerly enclosed sketch so parcel. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultie~orunneces- sary HARDSHIPbecause at the present time there are two attractive residences on the appelian%'s property: A one story frame house which %he appeiian~ intends to retain; the other~ a two story co~%age designed in %he shape of a iigh%house which the appellant desires to sell. These-dwellings were erected prior %o the enactment of the Zoning Ordinance. The parcel the appellant wishes to sell contains 87700 square feet which includes ~he lighthouse dwellingt the strip of land across the boat basin~ and the 15 foot strip of land running along the concrete wall to the four car garage. The remaining side yard on the appellant's proper%y would be at leas~ !0 feet wide at i%s narrowest point° As long as the appellant has owned this land~ which has been for ten years~ and as far as the appellant knows~ many years prior thereto this lighthouse parcel has been leased during ~he sum~er months. 2 The hardship created is UNIQUE and is not shared by a!l properties alike in the immediate vicinity of this property and in this use district because there is no place for expansion to obtain the area and frontage required by the Zoning Ordinance. As the enclosed sketch shows a portion of the parcel~ which the appelian% desires to divide~ has the charac%eristic of a peninsula aImost en~ireiy surrounded by James Creek. Due ~o ~he shape and loca~ion of hhis parcel i~ canno~ be rela~ed ~o any existing or proposed shreeh or highway. would be nearly impossible and imprac~icai ~o cons~ruc~ a bridge from Rochelle Place ho hhis parce!. The appe!lan% respecqful!y submits ~ha~ hhe !5 fooh s~rip of land running along ~he souhherly edge of James Creek ~o the appeilmnt's four car garage~ in addition to the 15 foo~ righh of way over ~he appeilan~'s proper~y %o '~Sailor's Needle Lane"~ will give sufficien~ and reasonable access for any fire hrucks~ a~uiances~ pgiig~ ~s 'and~o~0~ ~mergencW vehic_es which, wou_d have need ~o reach ~. +~ar, ance wou~ o6serv~ the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~he appel!ann's land wi~h ~he proposed ~&v~s&on woui~ s~l! re~ain ~s well ]<e~, ~resh resiaen~ial a~mosphere which has ma~e ~his section of Ma~i~uck a highly desirable neighborhood. As indicated above~ ~he iigh~house shaped dwelling has been leased for many years~ so i~s use as a dwelling would no~ change. The appei!an~ in~ends ~o make arrangements ~o have common use of ~he wa~er pump loca~ed in ~he four car g-~rage. The electric an~ ~eiephone lines ~o ~his iigh~hoube s~ruc~ure are presently underground~ Therefore~ no unsightly ~e!ephone poles or lines will have ~o be erected. 'COUNTY OF SUFFOLK ) ~ / / ' ~tu~ ~~ ;' .... L~ / [ Julius W. Helbing /// Sworn ¢o this ......... ' ....... ~.%~ ....................... day oft/. .............. 2~.~ ........ 19 67 / .... ..... ............................ ~ 52-7~-~tk Count~ ~'m~i~ ~,~ M~r~ 30, 19_ a TOWN OF SOu'rI-~OLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date .................................. ,-T.IL~L!r......~ ............. 19..67. To ...~.W"m..:.....W.~..~.~..a~m..~....A...t...t"~...r".n..e.~........A./..C....~.u..~ius Helbing ......... Ma.tt i.~urJ¢ ~.....}t ,l .................................. PLEASE TAII~ NOTICE that your a~ dated ..................... ivla¥.....1]. .......... 19..6.7.. ior permit to ~ d.i.~i~la..J-.Q.~ ............... at the premises located at .....S..g.i...1.Ql'.i...N..C..~.d.~e Rd ......................................................................... Street Map ...S...a...1.t......L..a...k..e......V.:~..1..1..a.g~lock ........................................ Lot ................................................. is i~ disapproved on the followinff ~'ounds .l~.t...is...ulmde~iz~.d...a~ does .... n~ t.. ~a. ve-. a ~p.r ave d... a ~.~ ~ s.s ........ .A..~...t.....I..! .%...~..e...c....3..0. 3..0....~....A...r..t... _X.....s...e..c......% .0...0...0..A.....a.. ..... .... T.o~u~..La~...sa¢...2~0 a ...................................................................................................................... LAW OFFICES WILLIAM WICKHAM MAtTItUCK ~ LONG ISLAND NEW YORK 11952 516 MA 9-8353 July 5~ 1967 Zoning Board of Appeals Town of Southold Southold~ New York Re: Property of Julius W. Helbing Sailor's Needle Lane~ Mattituck Gentlemen: We enclose application for a Variance to the Zoning Ordinance, together with our check for $5.00 for the filing fee for your consideration. RFL/as encls. Richard F. Lark 17 July 1967 Salt Lake Village Mattltuck, New York Zoning Board. of Appeals Southold Township Southold, New York Re: Application of Julius Helbing for variance to divide property in Mattituck, New York Gentlemen: As a tax-payer and year-round resident of Mattituck, New York, I would, like to protest this application of Mr. Helbing to divide property which is near me, in conflict to the present zoning regulations. I think it is important that the residential zoning requirements be maintained., especially in this area, and that variances such as this will eventually result in down-grading of property values, including my own. I therefore, respectfully request that this application be denied. Very truly yours, FAR/ed Edward A. ReYnolds