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HomeMy WebLinkAbout1146 TOWN 0Y SOUTHOLD, NE~V ~ORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1146 Dated October 6, 1967 ACTION OF TPiE ZONING BOARD OF APPEALS OF THE TO%VN OF ~OIJ~OLD Fred Adlex To 18 Lion Lane Westbury, New York DATE .P~..~.Q..]~.~.~.....~ 6, 1967 Appellant at a meetlrg of the Zoning Board of Appeals on was c.onsidered and the action lndioated below was t2ken on your ( ) ~ ) Thursday, October 26, 1967the appeal Request for variance due to lack of access to property Request for a special exception under the Zoning Ordinanse Reques~ for a variance to the Z~nlr~g Ordinance 1. SPECIAL EXCEPTION. By resolution or'the ~Board it ~zas determined tlmt a special exc. ep~on. ( ) be geanted ( ) be denied pursuant to Article .............................. Section .............. '~"v'"'" Sq~mection. ........................ paraceaph ............................ of tl{e Zor{lng Ordi~nce, and the decision of the Building Inspector ( ) I~e reversed ( ) be confirmed because 8:00 P.M. ~E.D,.S.T. ), Upon application of Fred Adler, 18 Lion Lane, Westbury, New York, for a variance, in accordance with the Zoning Ordinance, Article III~-Section 303, Articl~ X, SeCtion 1000A, for per~issi~m to, divide property with insuffioient, frontage. Location of property: north ~east .side Lake Side Drive, lots-numbered 77 and 78 in Cedar Beach Park Subdivision, Southold, New York. 2. VARIANCE. B~ ~esolutton of the Board l{ was determined that (a)' Strict apPlication of the O¢'dinanoe (would) (would not) p.-oduce practical difficulties or unnec- essary hardship because SEE REVERSE (0) T&e hard.~dp creat~l (is) (is not) unique'and (would) (~vould r~ot) be ~hared by all BroPe2ttes alike in the lmmediato vicinity of ~his ~roperty and in the sam.~ use district because SEE REVERSE (c) Th£ var!ance (does) (does not) observe the spirit of thc Ordinance and (would) (would not) change the .cbsracter ,of the district becwu~e SEE REVER~E and therefore, it was further det~ khat Vhe requested variaz~ce ( ) be granted ( ) be denied and that the pre~ious decisions of t2re Building Irr~pector ( ) ,be confirmed ( ) be reversed. Barbara C. Dittman~, Secretary ~ After investigation and inspection the Board finds that the applicant requests permission to divide property with insufficient frontage. The applicant is the purchaser, under contract, of lots number 77 and 78 in Cedar Beach Park. Prior to the enactment of the Zoning Ordinancg~a canal was duga r~ducing the area of lot number 77. The applicant wishes to revise the dividing property line so that both lots 77 and 78 will have a more equal distribution of land area. Lot number 78 will have a frontage of 70 feet, the balDnce of the frontage will go to ~o~ 77~ . ~he ~oard finds that erosion of the original property mad~ it necessary to present this application. The ap~flicant proposes to bulkhead the waterfront · on lot 77 which should eliminate any further erosion. The area of both lots is ~n excess of the minimum required by the Zoning Ordinance. The Board finds that strict application of the Ordinance will produce practical difficultiesor unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in ~e same use district; and the variance does observe the spirit of the Ordinance and will not change the d%aracter of the district. Therefore, it was RESOLVED that Fred Adler, 18 Lion Lane, Westbury, New York, be granted permission to divide property with insufficient frontage as follows: lot number 78 will have a frontage of 70 feet; the balance of the frontage will go with lot 78. Location of property: north east side Lake Side Drive, lot number 77 and 78 in Cedar Beach Park, Southold, New York. LB'GAL NOTICE Pursuant to Section 267 of the Town Law ~ud the provisinus of the amer~d~:l Building Zone Ordin- ance of the Town of Southold, Suf- folk County, New York, public hear- ings will be held by the Zoning Board of Appeals of the Town of South- old, at the Town O4fice, MaKu Road, Southold, New York, on October 26, 1967, on the following appeals: 7:30 P.M. (E.D.S.T.), On the Board's own motion a rehearing on Appeal No. 1140, upon application Of Robert S. Pascale, Rabbit Lane, East Marion, New York, for a vari- ance fin accordance with the Zonint Ordinance, Arliele III, Section 303 Article X, Section 1000A, for permis- sion to ,dfvide property with insuf- ficient frontage. Location of prop- erty: north side Rabbit Lane, East Marion, New York, bounded north by Marion Lake, east by Crowley, south by P~abbit Lane, west by Jack Schimatz. 7:45 P.M. (E.D.S.T.), Upon appli- cation of Robert Hyatt, Southold, New York, a/c William Wurtz, Hot- ton Point, Southold, New York, for ta variance in accordance with the Zoning Ordinance, Article III, ~ Section 300, Subsection 6, for perrnissio~ to build an accessory building in the front yard area. Lo- cation of property: ~north side Pri- vate Roa,~, (Hyatt Road), Southold, New York, bounded north by Long Island Sound, e~st by C. Ocame~ south by right of way, west by L. Mandel. 8:00 P.M. (E.D.S.T.), Upon appli- cation of Fred Adler 18 Lion Lane, Westbury, Zqew York, for a variance in accordance with the Zoning Or- ~ dinance, Article III, Section 303, Article X, Section 1000A, for per-I mission to divide property with in- sufficient frontage. Location of property: north ~ast side Lake Side i Drive, lots numberec} 77 and 78 in Cedar Beach Subdivision, Southold, New York. 8:15 P.M. (E.D.S.T.), Upon appli- carton of Joseph J. Decker, Nassau Point Road, Cufchogue, New York, for a variance in accordance with l the Zoning Ordinance, Article III, Section 307, for permission to con- struct a dwelling with insufficient side yal~:L Loc~tion west side Wunnewato Road, Nassau Point, Cutchogue, New York, lot number 299 in "Amended Map A of Nassau Point." 8:30 P.M. (E.D.S.T.), Upon appli- cation of Marian Columbus Club, Inc., Depot Lane, Cutchogue, New York, for a spech~l exception in ac- cordance with the Zoning Ordinance, Article III, Section 300, Subsection 5 (c), for permission to erect a frat- ernal clubhouse. Location of prop- erty: east side Depot Lane, Cutch- ogue, Jqew York, bounded north by Halecki, east by Zaneski, south by Bialecki, west by Depot Lane. 8:45 P.M. (E.D.S.T.), Upon appli- cation of Robert W~ddington, Jr., Fisher l~md, New York, a/c Brad- ford Burnham, Fishers Island, New York, for recognition of access in accoi~dance with the State of New York Town I~w, Section 280A. Lo- cation of property: north side private ~ SS: road, Pennisula, Fishers Island, New ;, j York, bounded north by Burr, east by Right of [Way-Burr, south byl Burr, west by West Harbor. I ....... r,~.~ .... being duly Sworn, Any person ,desiring to be heard In' and Publisher of the SUFFOLK on any of the ~bove applications' should appear at the time and placet published Greenport, in said above specified. DATED: OCTOBER 11, 1967, BY !~g, of which the annexed is ~ printed ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS fl in the s~id Suffolk Weekly/ Times ltO20 successively commencing on the '~ ~ ~ ~Ec~ ~'~ TOWN OF $OUTHOLD, NEW YOP~K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ?/"'/'~. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Fred Ad.~..ier .................... of ~ 8 ..... .+.. ....... .a..¥..o..r.4.. ~.~. ........................ ~ ......... 1, (We> ..:... ....... ....~ Street and Number ' '' ................ l~..e..s.?.io..~}.~. ............................................... .~.~. .$. :, ~ .......... ~T?.:.~.:...: ..... HEREBY APPEAL TO Municipality __ Stqte ~ THE ZONING BOARD OF APPEALS FROM TH1E DECISION OF 'THE BUILDING INSPECTOR ON Hap dated, ^PPL~CAT~ON FOR ~TxNO..A.~...f.~...Z~:.9. ........ DATEO ...... .q.9..t.. ..... ..6.~o..~9..6.2.... .............. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of !..8. .... ............ ..... .................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit to re-divide lots ~ ?? ~ 78 Ma:o_ of Cedar Beacn~ Park Map #' 90 Use District on Zoning Map ..... .~....a.r...~.~h..~.rk .... z~..~..,~.O ................ Southotd ~ ~ ,~Z, Map 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 Ordi,nance.) Art Ill sec ~Oq ~ A~. X ~a qooo~ ~m~!~ ~.~m,~ ord. inance 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 Ne? York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previa)us appealS(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: t aT~ pvtrchaser 'under contract for said lots # 77 and 78~ Cedar Beach Park, Prior to the enactmer~t of the zoning ordinance a canal was dug through this subdivision which reduced lot 77 frontage aproxim,ateiy~70 ft, There has most likely been sam erosion simce that time~ We wish to. revise the lot line between 77 ~ 78 to give lot 78 a ?0 ft front Faa zB1 (Continue on other side) and. a more equal distribution of area; REASON FOR APPEAL Continued 1~ STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because~ The property was resurveyed by Vantuyl on a map dated Aug ~ i9~9 showing the canal and reduced lot si~e~ ~he proposed division ~.~ii leave lot ~78 with a frontage on the road of 70 ft and an area of apro~imately I~02~ sfl ft and lot 77 will have a frozztage of 80 ft less any er, osion sit. ce the may was made and an ares. of 1~700 s~ ft~ Each lot will be ~a excess of the mimim~m area required ~zader the ~oning ordinamce~ 2. -The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinH</ of this property and in this use district bec,ause~ Thcs lots are facing a d~edoed'~ canal on two sides and ea~ot b~ ealarged~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because~ ~e ~ro~ose to ~Id & dwel~i~ on ~ot # 77 in the near future and would like to hold revised lot ~ ~8 for possible sale to a relative in the near future~ Each lot would have a one family residence which will be in keeping with other dwellings in this neigh.borhood~ STATE OF NEW YORK ) ) , · ~ufz o±k ) COUNTY OF. ~ '~ TM SS Signature Sworn to this ..... ........6.. ................. ~ ........ day of...i ................... .Qc.t. ab.e~ .................. 1.9 y tc ~/ MILDRED CHAk~N NOTARY PUBLI~, State of i'i~w ~*~ No. 52-08i8100 ~.ff~t, ~ ....... FORM NlO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N, i~OT~CE OF DISAPPROVAL File No ........... ' ....................................................... Date ....................... .0 ?. t.~..b.~.? ...... .~. ......... ]_9..6..7.. PLEASE TAKE NOTICE that your l~[~'~n dated ........ [~]Ag....~.~ ...... 19 9 ............ ........ for permit to ~m~ .~.~_~z.f~d.2.. ~_.o.~s ........... a~ the pr~m.~ses located at .................................. L .a. ~.e.....s...i...d..e......D.~. ............................................... Street MapC..e,?[...a..l....~.,e..a...c.m..J .3.:I~.rk.. ..... Block Lot ..~.Z..~%. ~ 8 ~~]%]~J[[f~ disapproved on the followin? ground~: ..... ~%~.~J~.f.%.~.i.e. nt...£.ro, rztage A~.~..,]iI~i.. ,~ .~c...~0..3..~,:...Ar..t...X... s.s ¢.,..!G@.©A. .................................................................................... itlIP, dl I