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HomeMy WebLinkAbout1137 TOWN OF SOUTHOLD, NE~V YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1137 Dated August 25, 1967 ACTION OF TI~ ZONINO BOARD OF APPEALS OF THE TOW.N OF SOUTHOLD T0 N~lson Axien Pe~onic, New York DATE ~p~e~h~r 14, 1967 Appellant at a mecth,g ol the Zoning Board of Appeals 0nThursday, September 14, 1967~he al~Peal was considered and the action indicated below was taken on your , ) P~equest for variance due to lack of access to properly ~g[ ) Request for a special exception under the Zoning O~'dlnance i ) I~ques~, for a varl~mce to the Zaal~g Ordinance ]. SPEC]AL EXCEPTION. By resolution of the~ Board it was determined that a special exception ( ) be granted ( ) be denied ~)ursuant to Article ............................ Section ........................ Subsection .................. ............................ of,the Zoning Ordinan?e, and the decision ni the Building I~spector ( ) be reversed ( ) be confirmed because 7:45 P.M. (E.D.S.T.), Upon application of Nelson Axien, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article III, Section 307, Article X, Section 1000A, for permission to set off a lot with insufficient road frontage and. to set off a lot with insufficient side yard. Location of property: east side private Road at Bayview, Southold, New York, bounded north by McCarthy, east by Reydon Shores Sub- division, south bl; H~mre, west by private Road. 2. vARIANCE. B~ resolution of the Board it was determined that ia) St, riot appllca~on of the Ordinance (would) (would not) produce pr~etical difficulties or urmec- essary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the hnmediate vicinity of this l)roperty and in the same use district because SEE REVERSE (c) Th~ var."ance (does) (does not) observe the spirit of thc Ordinance and (would) change the chs~c~r ,of the district because SEE REVERSE (would not) and therefore, it was further det~ t~at the requested varia~ce ( ) be granted ( ) be denied and that the precious decislo~.s of ~ Building In~pecter ( ) ~be confirmed ( ) be reversed. FORM ZB4 ,-.APPi<uVED I Barbara C. Dittmann, Secretary After investiga~on and inspection the Board finds that the applicant requests permission to set off a lot with insufficient road frontage and to set off a lot with insufficient side yard. The Board finds that the total area of the lot in question is 12,240 square feet. This is just under the minimum required by the Zoning Ordinance, which is 12,500 square feet. The Board finds that the proposed division of the property is the best possible division of the property in view of the fact there is an existing house on the adjoining southerly lot. In general, the Board is in agreement with the reasoning o~ ~_he applicant. · he-Board finds that stric~t£application, of the Ordinance will produce practical difficulties or unnecessary hardship; the hard~mhip created is unique and would not be shared by all properties alike 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 d~s~rict. Therefore, it was RESOLVED that Nelson Axien, Peconic, New York, be GRANTED permission to set off a lot with insufficient road frontage and to set off a lot with insufficient side yard for an existing dwelling, on property located on the east side private road, at Bayview, Southold, New York, and as shown on the map by Otto W. Van Tuyl & Son, map dated August 25,1967. Any structure erected on the lot with 90.94 foot frontage shall be located'at least fifteen (15) feet from the southerly property line and at least ten (10) feet from the northerly property line. LEGAL MOT~B Hot:Lce of Heater. s Pursuant to Section 267 of the Town Law and the ~rov~s:Lons of tho amended Bulld~nq Zono Ordinance of theTown of Southold, Suffolk County, Mew York, l~ubllc hearlnqs will be held by the Zoning Board of Appeals of the Town o£ South, S, at the bn Office, ~a4n loud, Southold, New York, on September 1967, on the follow~ appeals~ 7z30 P.M. (E.D.S.To), Upon application of Joseph Ma~n Road, Southo~d, Ifew York, for a a~al ~pt~ 300, 8~t~m 10, for ~m~ls~on to erect a wall s~ on ~ York, ~un~d ~r~ by h~n Road, east b~ Be~ ?~4S P.M. (.B.D.S.T), Vpon application of Halson Axlen, Pectic, New York, for a v~nce ~n ac~r~ce w~ ~e Z~g ~nce, ~t~cle ~, Section 303, ~cle ~, Section 307, ~t~c~e X, S~t~ 1~, for ~oo~on to set o~f a lot wl~ ~suff~c~ent r~d ~ge ~d to set off a lot w~' lnsuf£1c~ent sade Private Road McCarthy, east by Religion Shores Sub~tvlo~on, west by Private road. Location of property: east s~de Southold, New York, bounded north south by Hamre, LEGAL NOTICE Notice of Hearing Pursuant t~ Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the Tow n of Southolct, Suffolk County, New York, public hea~'ings will be held by the Zoning Board of Appeals of the Town of Southold, at the Tow,n Office, Main Road, Soufl~old, New York, on September 14, 1967, on the following appeals: 7:30 P.M. (E.D.S.T.), Upon appli- cation of Joseph ~Krukowski, Main I Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, for per- mission to erect a wall si~ on a barn. Location of property: southi side Main Road, Southold, New York, bounded north by Main Road, east by Beixedon Estates Subdivi- sion, south by Beixedon Estates Subdivision, west by J. T. Overton 7;45 P.M. (E.D.S.T.), Upon appli- cation of Nelson Axien, Peconic, Mew York, for a variance in ac- cordance wifh the Zoning Ordin- ance, Article III, Section 303, Arti- cle III, Section307, Article X, Sec- t[on 1000A, for permission to set off a lot with in,sufficient road front- age and to set off a lot with insuf- ficient side yard. Location of prop- erty: east side Private Road at Bayview, Southold, New York, bounded north by McCarthy, east by Reydon Shores Subdivision, south by Hamre, west by Private Road. Any person desiring to be heard on the above applications ~hould ap-: pear at the time and place above,~ specified. I DATED: August 24, 1967, BY OR- DER OF THE SOUTHOLD TOWN COUNTY OF SUFFOLK, J STATE OF NEW YORK, ~-ss: ~,... ~..~c~?.~..~..~:.%. ~ ~5.~'~.~'.... being duly Sworn, says that .. ~'/7. is Printer and Publisher of the SUFFOLK WEEKLY TI~ES, a news~pe~ pubtish~ ~t Greenport, in said county~ and ~at the notice, of which the annexed is ~ printed ~py, has been published in the ~id Suffolk Week~ Times ~nce in each week, for ......... ~:!~:~. ........... weeks successiwly commencing on the .. ;~:.~/~k~ day of .,~iq ~.~.;~ .. 19.~.~, ............ Swam to be~o~e me this . ?~:~[ .... ..... ~ ........ i .................. ~'. .... ./. .... ( ~ , ~ IL,~,.,t ..., ~ .~ ,,,. ~ ~.;-;-,:-....-~ .,.. l_~..: :~.. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ~-O THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. / / ~ ~'~ DATE ,~., .~..~,.~. ~, .~,.. ~.~.~...~,c)6'~ Name of Appellan,t Street and Number Municipality .... .~.~.:l~.:. ............... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON A~proval of lo~5on map APPLICATION FOR:~~a~, .................................... DATED ,~,.~'.~..t...8.~.~...!~2 ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ...... ..... ' .......................................................................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (I) Permit to set off lot with 90.9~ ft front ~ leaving 100 ft lot 1. =OCAT'ON~C~k-~THE PROPERTY ,..,t.a...r..%~..l.P,~...~?.k°..r:.?..s....~?...a.~. ............................. ~.~ ..... Street Use District on Zoning Map XX~-~LXX ~{~LK Bayview ~ Southoid ~ N .Y. Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section end Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,n.ance.) Art Iii sec 307~ & Art !Ii' sec 303 & art X sec. IO00A 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordin.ance 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 ( ) is requested for the reason that[ Z w±sh %o half of the entire iot~ and sell This ~ii make nearly se~! the e×isting dwelling on o. pro×lmately the ~ ~ ~"~ .~ 90.94 ft front lot seperateiy, eqeai division of 'the entire lot as possible. Form (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because : ~en i build the ~resent house - 19~3 - on one side of the lot my intention was to build a ~econd house on the other side, The lot~ on each side o£ my property are lass than i00 ft on the road~ ! have contracted to sell the house~ and I want to sell.or build a house on the other side, I want to use the lot ~ about 90 ft on the road by about i36ft deep~ and~that would leave the present house on a lot 180 £t on the roadby about 13~ £t deep~ It would be an vmnecessary hardship vo require me to retain a lot o£ ~90 £t on tn~ road when ~ other lots are less than !00 ft~ and the present house is.on one side of the iot, 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 because : t~e hardshi;D ':La~ }znJ_'q~cte in as much a:s it is the only oversi~d lot ir_ this gro~p, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because: The charicter of the neigb, borhood would not 'be chanoemOecause all o£ tl~e other cottages are build on umdersized tots~ zi existing buildings are used. for residential purposes and the '0roposed lot and building will be a residential v. se, STATE OF NEW YORK ) ) COUNTY OF SufffoZk ) SS Signature S.worn fo this ........................... 2~' .............. day of ........................... ..A..~..~..~..s..~ .............. 19 NOTARY PUaL]~. Sta,e z' F, ew York No. 52-3233Z20 S~f;olk County Term Expkes March 30. FO~M ~0. 3 TOWN OF SOUTHOLD BUll. DING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. lq. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ................................. .~.~..g?~,..s.~. ........ .2.~... 19..~'.,V... ........................................................................... ~p PLEASE TAKE NOTICE that your ,l~i~~ dated ................ ~.~g ........ 2.~. ............. 19, J.5..~.. ,~or permit to ~...~V.:Ld,.e.. i.Q.~.S .......... at the premises located at ..... ..E../..S.....~..r...:[..v.,a..~. .r..o.a.4....(~.r.~4.ft~.~....~.o..~.e..~....~:.d. ........ Street Southoid ~ N ,Y. Map ................. ~ .................... Block ...................... ,.x.. .............. Lot .......... ..~...X~.. ................................ is l[~A~L~[~-~[~-~ disapproved on the fo]lowin~ grounds ........................................................ .... in s.uf.£i c.i.e, mt...~:~ ar~t ag.e. ..... ~...~n 5.V,f..~.~ .~.~.~.~.~... ~...i..d...e.., .l~.~..r..d.. .............................................. ...... A.v..t.....:.~!..:.~..e..~...t.o.l ..... ~,..t.o..7 ..... .a....6~:~...~....s...e..c....~.o...o...o.~. ...........................................................