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HomeMy WebLinkAbout1135 TOWN OF SOUTHOLD, N~W YORK ACTION OF THE ZONI/~G BOARD OF APPEA~S Appeal No. 1135 Dated August 7, 1967 To George Ahlers a/c George Akscin Eugene Road Reydon Shores Cutchogue, New York Southold, New York 1967 Appellant at a meeting of the Zoning Board of Appeals on Thursday, A~gust 24, 1967 %vas considered and the action indicated ~be]ow was taken on your ( ) Request fol. variance due to ]ack of access~$9 ~ro~rty ( ) Request for a special exception under the Zoning ?rdinance ~X ) Request for a variance to the Zoning Ordinar~ce ( ) ~ the appeal 1. SPECIAL EXCEPTION. By resolution of the Bo~rd it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ............ Section ................ Subsection ................ paragraph ............. of the Zoning Ordinance, and the dectsion of the Building Inspector ( ) be reversed ( ) be confirmed because 7~50 P.M. (E.D.s. Ti ), Upon application of George Ahlers, Eugene Road, Cutchogue, New York, a/c George Akscin, Reydon Shores Southold, New York, for a variance in accordance with the Zoning Ordinance, Article I7I, Section 307, for permissi(m .to build a new one family dwelling with insufficient side yard area. Location of property: east side ~Wells Avenue, Southold, New Yor~, bounded north by,G.H. Wells Est. , eastby,J0ckey Creek, south~by George,McFadden, west by Wells Road. 2. VAP~ZANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) ,produce pra,ctical difficulties or unnecessary hardshtp because SEE REVERSE (b) The hardship created (is) (ts not) unique and (would) (would not) be shared by all properties ahke in the immediate vicinity of this pr(~perty 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 determined that the requested varian,ec ( ) be granted ( ) be denied and that the previous decisions of the Bnilding Inspector ( ) be confirmed ( ) be reversed. ~ORM Z~ ~ ~' ~ ' ~ Barbara C. Dirham, Secretary After investigation and inspection the Board finds that the applicant requests permission to erect a one family dwelling with insufficient side yard area. The applicant requests a reduction in side yard of one foot, s~ inches. The lot in question has 110 foot frontage on the road, however where the house is to be located the lot is 99.6 feet. The Board finds there is no unique or unusual hardship involved in this application. The Board f/rids that the proposed house overall is 76 feet in width and would not fit on a 100 foot lot. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship cre~ted-is not unique and would ~e shared'by all properties alike~in the immediate,vi~inity of this property and in the same use~district; 'and the variance does,observe the spirit of the Ordinance-and~willnot change the character of the~district. Therefore, it was RESOLVED George Ahlers, Eugene Road, Cutchog~e, NeW York, a/c George AksCin, Reydon,Shores, Southold, New York, be DENIED permission to erect a new one family dwelling with insufficient side yard area on property located on the east side Wells Avenue, Southold, New'Yor~.' LEGAL NoUce of Hearings pursuant ts' Section 26? of the Town Law and the provisions of the amended Building Zone Ordin- ance of the Town of Southold, Suf- folk County, New York, public hear- ings will be ~.eld by the Zoning Board of Appeals of the Town of Southold', ~at the Town Office, Main Road, Soutbold~ .Nev~ York, on gust ~q, 196~7, on the follow~ng peals; 7;30 P.M. (E.D.S.T.), Upon appli- ..caftan of Ct~t~hogue Chamber of ~'0inmerce, Cutchogue, New York, for a special exception in accord- ance with the Zoning Ordinance, A~icle III, Section 300, Subsection 10~ for permission'to erect and main- fain the following off premises signs; l) '*a si~rl on the proper~y of C~hes- ter Oriowski, located on the north side Main Road, East Cutchogue, New York, bounded north by A. Greyszko, east by M. E. Case, south by Main Road, west by S. C. Rysko; 2) a sign on the property of John Wickham, lccated on the north sideI Middle Road, Cutchogue, New York, bounded nort'~ by A. Pietrlewicz, east by IA. pietriewicz, ~outh by Midd'le' Road, west by Henry Wickham; 3) a sign on the property] of William J. Baxter. Sr., l~cat~ on the south side Main Road, Cnich- ague, New York. bounded north by Main Road, eas~ by Dawn's Creek, south by ~lew Suffolk Avenue-Wil- liam E. Horton, west by D. Andruski: 4) a sign on the property of William Wickham, located on the south side Middle Road, Cutdhogue, New York, bounded north by Middle Road, east by iVfoore E~t., south by Long Is- lan,~ Railroad, west by E. Tuthill;! 5) a sign on the property of JamesI Dean, south side New S~ffolk Ave- ed north by !~ew Suffolk Avenue east by Liebell-Seaman, south by Peconic Bay, west by Reeve-Be~chi wood Sub. 7;50 P.M. (E.D.S.T.), Upon app cation of George Ahlers, Eugene Road, Cutchogne, New York a/c George Akscin, Reydon Shores, S~u~hold, ~ew York, for a variance in accordance with the Zoning Or-' dinance, Article III, Section 307, for ~ermission to build a ~ew one fam- ily residence with insufT~cieni side ~ard area· Location of property; e~t ~de' Wells Av~mue, 'Southold, New York, bounded no~th by G. Wells Est., east*by Jockey Creek, south by George McFadden, west by Wells Road. ~y p~rson desiring ~o be~ heard on any af the above appea~s shou d ~appear at the time~and place so spe- cified. DARTED; AUGUST. fO, 1967 oRDER OF THE. SOUT~0LD' TOWN BOARD OF A~P~I~EALS COUNTY OF SUFFOLK. STATE OF N£W YORK, ~ ss: ............. ~ ................. '; .... being duly Sworn. says that . ./?~.. i · is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published at Greenport. in said county: and that the notice, of which the annexed is ~ printed copy. has been published in the said Suffolk Weekl~ Times once in each week, ~or ......... .~ .~ .~,~ ..............week~ successiwly commencing on the , ~ ~. r ~ ,~. ~.~: ~ ...c. ~.~ ...... day ,of ........ ~.I* ~ .~.. ..... 19.._~/. S~vorn to before me this . day of .... ~ ~..~ .~ c ,..~ .~.~. .... 19.~ .~. ...... ~.,~ .......~.~ ........ ~ .... ~.. .... ,~.~ .... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .... ~ .~:..g..u..S...t... Z.~.....l c) 6 7 TO THE ZONING BOARD OF API~EALS, TOWN OF SOUTHOLD, N. Y. ........................................................................ Name of Appellant . Street and Number ............... ~g.e.~?.....~..o...~:.d.; ............................. .G..llte,~...o.~.~,.?. ............... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ........ ~p~..~...i.~.i..9~... DATED ......... .A...~.~,.¥t:~..~. ..... ~a....]r..9.~Z ....... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .......... ........................... : ......................................... Street and Number Municipality State . ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~ Permit to bv. iid new ~we,~.izng LOCATION OF THE PROPERTY ..... ~.~. .... ~,':~.,B...~.!.~.iA,v,.e. ................................... ~.~..A.].".,.~.i,.S,.~ ........ Street Use District on Zoning Map 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 iii sec ,%07 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. 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 variance and was made in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that: an a~gle to the highway REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance so ~nat a ful~ The lot has 1!0 ft frontage but is set at such that the lot is less than 100 £t in act~at width side yard is impossible maintain due th this angle~ Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus'e~ This lot is larger than required but is on a sharp angle to the highway so that the'ilO ft fromtag~ and 233 ft de~th give an actual width if less than i00 ft~ The proposed dwelling will leave a side yard of 13 ft ~ on ome side and the full lOft on the ot~er side as required, This lot is a~so on a side hill adding further difficultie~ in Buiiding, 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.a:use The lot is odd shaped and Slopes '~wo d. irections. 3. The Variancewould observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because: this is a residential district and the proposed dwelling will be in keeping ~ith the best houses in the area~ the reduced side yard will in no way harm o~ change the charicter of this residential district, . ........ ........... ................... COUNTY OF ~.z z ol~ ) ~ Signature S~orn to this ................... ~ ......................... day of .......................... ~g?~,~. ............... 19 67 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OTICE OF DISAPPROVAL File No .......................... Date ~_ugust 7 67 Cutcho gue PLEASE TAKE NOTICE that your application dated ................. ..AJ4g ............. ~.. ......... 19..6..7.... for permit to construct .... d.~.e.l!in~ ................ at the premises located at ..~../...S. ........................ ...~te.ll s...A.va ................................................ Street Southoid ~ Building Inspector FORM NO. I TOWN OF SOUTHOLD BU~LDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined. ........................................ 19 ........ Approved ........................................ , 19 ........ Permit No ................................. Disapproved o/c .............................................................................................. Application No ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .............. -](..?./...~?..~: ...... ........................ , 19 ............ INSTRUCTIONS o. 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 propertymust be drawn on the diagram which is port of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shalt 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 Occupancy shall have been granted by the-Building inspector. APPLiCATiON IS HEREBY ,MADE to the Building Department for the issuance of o Building Permit pursuant to the Buiiding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with oil applicable laws, ordinances, building co. de and regulatipn, s. .................. ~: ...... "'::'"~'~E: .......................................................... (Signature of apv~licont, or name, if? corporation) (Address of opphcant) State whether applicant is owner, lessee, agent, architect, engineer,.general contractor, electrician, plumber or builder. Nome of owner of premises .......................... ~ .. if applicant is a corporate, signature of duly authorized officer. (Na.me and title of corporate officer) Location of land on which proposed work will be done. Mop No: ............................................. Lot No: .................... Street and Number ,~ ..~--, ,. ~.....~-~ .~¢ ...... ~/~-><z~' Municipality Stere existin~ use ond occuponcy of premises ~nd intended use ond occup,ncy of proposed construction: o. Existing use and occupancy ....................................................... .~_ ........................................................................... b, Intended use and occupancy .................................... ~..~.~,.~ ................................................................................ 3. Nature of work (check which ,. ~licable): New Building ...d.; ....... Ac .ion .................. Alteration .................. Repair .................... Removal .................... Demolition .................... Other Work (Describe) 4. Estimated Cost ............. ~..:~.,;,,,.'.,;~ .................................... Fee (to be paid on filing this application) 5. tf dwelling, number of dwelling units ........... ~ .............. Number of dwelling units on each floor ............................ Jf garage, number of cars ............................ ~, 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 same structure with alterations or additions: Front ................................ Rear Depth .............................. Height .............................. Number of Stories 8. Dimensions of entire new construction: Front ............ I.' .............. Rear ............ ~, ............. Depth ..... Height ~ © Number of Stories / 9. Size of lot: Front "~:' ';~ '~ ....... ~.~.,~ .............. Rear ....... ZL~ ............... Depth ........ ~,...~..-~ 10. Dote of Purchase ........................................................ Name of Former ~ner .......................... ,.~ ............................. 11 Zone or use district in which premises are situated ................................ 12. D'oes proposed construction violate any zoning law, ordinance or regulation? 13. Name of ~ner of premises ,: ~;, ,. :. .............. Z ............ ¢~ ............. Address .......,~ ........... .,~.,~ ....... ~;.,~.~...., ~h No. Neme of Architect ...................................................... Address ............................................ Phone No ..................... ¢:,: ,~ :4 h/,"-' ¢- A4H .... ~ ...... +-~ ~(k~ ~ ~: .~. M ~, ~ ~ Phone No .................... Name of Contractor ...,,~....-r. ..... ~,,;~.,..:,.;.~ ........................... ~, .~ .;,~....,.,.. .......... ,, ...... ~-.t~ .... PLOT DIAGRAM Loc.ate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner lot, -" ......... " STATE OF NEW Y~f~,~/=..~Z ~ COUNTY s.s. ....................... ~.~ ........ ~.~ ............. ,~,,~..~,~.~,~,~. .................................. being duly sworn deposes and says that he is the applicant (Nome 'bf"i~'~Jividual s~ning app ication) above n.amed. He is the ..................... ' .... ~' ~"~'~-': (Contractor, agent, corporate officer, etc.) of s~id owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ............... ~ ....... day of .............. , 19...~ 7 - ' ~. ,? h' } ~' ~ ............................ ~ ..... :~ .....................:" ..................... . ...............