Loading...
HomeMy WebLinkAbout1080 TOWN OF SOU~HOLD, NE~V YOI~K ACTION OF THE ZONING BOAF~D OF APPEALS Appeal No. 1080 DaSd March 1, 1967 To Kyrillos Charalambides 1550 Central Drive Mattituck, New York 1967 Appellant at a meeting of the Zoning Board of Appeal on Thursday, April 27, 1967 was considered and the action indicated ~einw was taken on your ( ) Request for variance due to lack of acceas to ~)roperly ( ) Request for a special exception under the Zoning Ordinance ~K ) Request for a variance to the Zoning Ordinance ( ) the appeal I. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special e~ception ( ) be granted ( ) be denied pursuant to Article ............... Section ................ Subsection ................ paragraph ............... of the Zoning Ordinance, and the decision of the ~uild'_mg In~pecter ( ) be reversed ( ) be confirmed because 7:30 P.M. (E.S.T.), Upon application of Kyrillos Charalambides, 1550 Central Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, and Article III, Section 306, and Article VII, Section 703, for permission to contract an addition with insufficient ~ront yard setback. Location of property: north east corner of Central Drive and Summit Drive, Matti- tuck, New York, lot number 79, Captain Kidd Estates. 2. VARI/kNC~. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce pt'~tical difficulties or unnecessary hardship because SEE REVERSE (b) The hardlship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this preperty and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (mould not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. PORa~I ZB4 Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the applicant'Wishes to'attach an existing garage to the main dwelling with insufficient front yard setback. The Board finds that the said garage has been the subject of two previous hearings. The Board finds that the house was originally built with a garage. The owner prior to the applican chose to convert the garage into part of the main dwelling area. the applicant bought the house and property cognizant of the fact there was no garage. The Board finds this is a self imposed hardship and relief can not be granted as applied for. The Board further points out that financial hardship is considered a universal hardship an~ay not he used to influence the Board's de~ision. ~ The Boar~ finds that strict'application of the Ordinance will not_p~oduce practid~I difficulties or unnecessary hardship; the hardship created'i~ not unique and would be shared by all p~operties alike in the immediate vicinity of this property and in the same use district; and the variance does not observe the spirit'of the Ordinance and 9ii1 change the'character'of the district. Therefore, it was RESOLVED that Kyrillos Charalambides, 1550 Central Drive, Mattituck, New York, be denied permission to attach an existing garage to the main dwelling on property located on lot number 79 in Captain Kidd Estates, Mattituck, New York. The applicant shall remove the garage from the premises within 60 days from the date of this'action. {v~de property: Location oi /erty: north east aud north westI poh~t, Cutchogue, Ne~v York, ~o ~nu~rbor 13, 1~-, 15 and 22 .Lq fne.- ccalic Bay Properties Subdivisi · 8:1.5 P.M. (FAST) Upon a~plica-' i tion of Oyster Ponds Bod & Gun Club, Inc., Orient, New York, for a speei~l exception in aeeorda~ce w~th the z0~ Orm~, I cle I~, Seeti~ax 300, Sub~ec~.n 5(c), for pe~ to maintam mad operate a private club, rifle a.n~d pistol range within a str~c- ,hure. Locatio~ of pr0~erty: $ou~t~. side King Street, Orient, New Yor , ~ north by IrA~g Street,! east by Robert Douglass & WI., south ~by L~tham axrd Orient H~r-. (bor, w~st by Dougl,a~, Krull, Frey and others. 8:30 P.M. (~N~.T.), Upon a.upll- cati~ of Edmm A. Brown, Main Road, East Marion, New York, for a s{~~cial e:cce~tion in accordax~e with the Zor~ing Ordirm~ce, Art- icle IV, Section 408, ~remises identification asufflci~t ~xe~gl~t fron{ ~r~d~ ~veL Loc~tion of property: north s~de Main Road, East 1V~xion, New York, boux~ded ~n~r~h by Andre Birten, e~t by Wt C. BrOW~ ~outh by 1~ain l~ad, west ~by Mary King ~t. 8:~ pMI. (E~.T.), Upon cation of Townsend ~nor In~, 714 l~aln Street, Green~ort, New york, for a ~ exception in ,ac- mace,'ArtA~e IH, Section 300, MU - section 10, for pemntssion to an of~ ~ da~c~on~ ..... Road; (~reenport, l~ev~ York, -- ~' '-' nmmb~r 44 in Soutal- Any person de~lring to be heard on any of the above applications should appe~ 0J~ the thne and ~lace mbove specliied. ~ OF THE ~LE~AI, NOTICE Notice o! H~a'ings Pmmm~t to Section 26~ .of t~ Tow~ ~ ~d ~e p~v~ ~f~k ~ty, N~w York, pm h~S ~ ~ ~M by ~e Zon- ~ ~ ~ ~ ~ ~e ~ ~old, ~t ~ Town ~ ~d, ~old, New Y~k, on ~ ~, 1~, on ~ fo11~ ~:30 P~. (E~.~.), U~n a~E- ~ti~ of K~ ~b~es, 16~ ~nt~ ~ve, ~ti~, ~ork, for a ~ tn ~ w~ ~e Zo~ng o~e, ~cle IH, ~bion S0O, and Article Vi1, S~ction ~03, for pem~M~on to construct an ~,di= ~ wi,th ~li~nt f~nt ~d ~r~ ~t ~ ~ ~ve ~ S~t Drive, ~at~ck, New Y~k, lot ~r 79, C~b~ ~s. U~n appli~- ~:~ P~. (~), ~n ~ H. R. ~eve & ~, Inc., ~ ~, ~t~uck, New york, ~/c ~ W. ~, Wlc~am A~, ~itu~, N~ York, for ~ with :~ ~ of New Y~rk T~ ~w, ~t~n ~. ~tion Avenue, ~t~k, New York, e~ by ~orge ~kers~ & ors., :~ by W~ Avenue, ,by P. Kues~ 8:~ P.M. (E~.T.), ~0n apph- ~a~ ~, ~tu~, N~ ~o~, / y~k, for a ~ce m ~ . ~ "h the Z~ ~d~ce, e ~, s~on g~, ~i~e x, _ 1 ~ ss: J TOWN BOAteD OF AppEAlS ~ ....... being duly Sworn, ltA21 .~er and Publisher of tire SUFFOLK -- V~rEEKLY TIMES, a newspaper published ~ G~enport, in ~d county; and ~at the noti~, of which ~e ~e~ is n pfint~ ~py, ~s ~en published in the ~d Suf~lk W~k~ Times weekt once in e~ch week, ~ ....................... S~n to beI~re me th~s .......... ~ Feburary 17, 1967 Mr. Alex Chase. Attorney ~0 West Main S~ Riverheadt N.~. Dear SirS Enclosed as requested by telephone this morning, please find a~?lication forms for a building ?.ez'mit and ap~Deal to Board of Ap~':eals. For an attachment or addition to the dwelling in questiont Section 303 and 305 of the ordinance will a~ly. Yours truly Building Insp~ector TOWN OF SOUTI{OLD BUILDIN(~ DEPARTMENT TOWI~ CLERK'S OFFICE SOUTHOLD, N, NOTICE OF DISAPPROVAL File No .................................................................... Date ......................... }.{..a..?...c..~ ...... ................ ~.'ia~.t.~_t.uck.~. ~L.Y .............................. PLEASE TAKE NOTICE that your .application dated_ ................... l~i.a~ ....... .2~ ........ 19...~.7.. -*or permit to construct a~.ckit, i.Qn .................... at thc prernises located at ...... F~/.S...~ttmm, i.t...Dr & ~.I~/,,S,,., ,C. ,,e,,,n, ~, ,r,.,a,~,,, ,D,,~, ..................................... Street Mattituck~ N.Y. Map .....C...a.p..t....,.i...d..d.... ~.s..t. ....... Block .......................................... Lot .. P..a...r...t.....o..?.._ ?..9 ..................... is ~_giYlFe. X3~(lY.~f2~ disapproved on the followin~ grounds ........ .~P.-aiJ~.~i~;t~Y~...£~O2q.t. yard ........................................................................................ %..: .... .~ ............. / ................................. , .......... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE TON NG BOARD' QF APPEALS,,'TOWN OF souTHOLD, N. APPEAL NO. ....... Name of Appeliont Street 'and Number -. ............................ ,.T..O_.W~.,..Q[ .S,.O.~Q~,,' .......... '~ ................ ,.~.W....~..O..R..K. ...... HEREBY APPEAi~ TO Municipality . State - THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .... ..,~/._ .................... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) Name of Applicant for permit of .... .%,5. iO... ~L.. ~.:R~... .............. .~.Q~:'~, .q:[...~. P.'fZ~.O..~.. ............... ~..¥..O.~.~ ....... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1 LOCATION ~OF_.' :THE_ ,'PROPERTY._ ' ................. :"~¥';~';~r' ................................ Use District ~ ..i~.,.S..~:..D., ,F~,.on r Zonin~ /V~ap ...... ....... - 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 Ordinance.) ALRTICLE III: SECTION 300~. SUBDIVYEYON 6..' ARTICLE VIi: SECTION 70~ 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-(Stc:te of New York Town Law Chap. 62 Cons. Laws Arr, 16:Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~ been made-~~~.- -~-, :- wi,th~zespect to this property, Such ~ppeal was ( ~- ~-7..:-__, .-:.'~ ( 30 requeSt'for 9 variance' and Was_made in Appeal N~. ..... 'lC)DE; ............... ~.;Dated ...... :~~..~;..~9~ff...~.,....,....;~ ............ ~..~:.. REASON FOR APPEAL ( ) A Variance to Section 280A SubsectiOn 3 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that permission is requested to attach the offending accessory building to the mai~ building.- Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the one car garage was completed and constructed on behalf of the appiicant~;without any intention on the applicant's part to violate the ordinance~ The contractor' has been paid in full and the placement _of the garage_, in accordance ~i¢~ ~he O~dinanSe ~ould be manife§tly impossible due to-'the physical layout and topography of the land. By attaching the garage to the said dwelling would not violate the spirit of-' the ordinance and would alleviate the' possibility of an favorable precedent against the town of Southoldo 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.ause the intersection of 0entral Drive and Summit Drive,. th_e .site of the land upon which the building (one-car garage) has been constructed, is so layed out~ to wit: its radius on the corner and its topography~ a steep rise from the bed of the street to the dwelling is uniqu? in relation to all of the plots in the Captain Kidd Subdivision. - .... 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~he building, a one-car ~rage, is a necessary use in conjunction with the building, and in fact~ compliments the architecture of the dwelling, and was so designed and constructed° The character of the district and in particular the Captain Kidd development has been undergoing a change from a predeminently. Summer. Colony with ineXPenSive bungalows for weekend use, to that of a- Year-round living area with expensive homes which include central heating and garages for the owners vehicles. The construction herein was done in.m conjunction with just such a renovation, including tho"installation of central heating of all the rooms. The applicant has become a year-round resident. At the time the appli- cant purchased the said dwelling, it contained no garage area. The alternative would be that the~ applicant~ motor vehicle would neck_ ssarily have to be parked in front of the house, exposed, and would be more of a detriment to the district. STATE OF NEW YORK ) 'z .... : ............ _ Si~~ ~'~ ............. ~ ................ Sworn to this ............... ~ ............................. day of ........... ~ ............................ 19 67 NOTA~Y [:'USL!C, S~a~e o[ "' "York NO. I TOWN OF SOUTHOLD · BUILDING DEPARTMENT'. TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined .... ~.,..: .......... ......... ~ ........... , 19~ .... i Approved ................. : ...................... , 19:. ...... Permit No.-:.,f..,..-...,...' ........... Disapproved a/c .... ;. .................... , ....... :..: ................ ~ .................. i~i.~ ............ . ..... APplication (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ~CH 1 , 67 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building I nspect°r. b. Plot Plan showing location of lot and of buildings on premises, relationship t° adjoining Premises or public streets or areas, and giving a detailed deScriPtion Of layout of propertymust be' drawn on the diagram which is part of this application. c. The Work covered bY this applicatiOn may not be commenced b~fore iSsuance of BUilding Permiti. d. Upon approval of this aPplication;: the'BUilding InspeCtor will issue a Building Permit to the apPlicant. Such permit shall 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 a Building Permit pursuant to the Building 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 all applicable laws, ordinances, building code and regulations. ........ ................................ ignature of applicant; or name, if a corporation) ...... ...................... (Address of applicant) State whether opplicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Nome of owner of premises ........ ~,~.T~..O..~..,~g...~..~..~..g~.~..~...~..S..~..,..]g,.u..9..lg..a..~.~,~.~..6...~.e' ................................... If applicant is a corporate, signature of duly authorized officer. (Narme and title of corporate officer) 1. Location of land on which proposed work will be done. Map No: ...... [~.2...g-c4~.~.-.....Z~P.~....~?..Lot No: ....~. ............. Street and Number ...... -1-~;.~.O...~L..D~Z92~..~A~'"Z~3E~TC~,..~.~..~.C~R~.- ........~..;.:.~. -' - Municipality ............................................... 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .... ..~..~.~..Z~..~.q.~.;....~...~.....~..~..~-~O~ b. Intended use and occupancy ......... .S.~ ................................................................................................................ 3. Nature of wark (check which applicable): New Building .................. Addition ..... .X. ........... Alteration Repair .~ .................. Removal .................... Demolition .................... Other Work (Describe) 4. Estimated Cost ........... $:],~Z00,0D .... :Pa£~t ......... .......... Fee .... ~5~Q3 ........................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor If garage, number of cars ..... Qt~1~..~i.) .......................................... · ............................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ................................ 7. Dimensions of existing structures, if any: Front ...S...I~..~...A...~.. .... Rear .......................... Depth ............................ Height ............................ Number of Stories ...... 0.~ ................................................................................................... Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Depth .............................. Height .............................. Number of Stories ........................................ 8. Dimensions of entire new construction: Front ............ - ................ Rear ............................ Depth ............................ Height ............................ Number of Stories ............................ 9. Size of lot: Front .~F_~...$.t~.%r. ....... Rear ............................ Depth ................................ / e 10. Date of Purchase ...........~./.~1.6~ ................................. Nam of Former Owner .~!.O..U....&...T~.0.~.t~,~.$ ............. 11. Zone or use district in which premises are situated ....... ~CF~ ....................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ...~.S. ............................................. 13. Name of Owner of premises ........................................ Address ............................................ Phone No ..................... Name of Architect ...................................................... Address ............................................ Phone No ..................... Name of Contractor ...... .E.~..~,~.Z. ........................... Address ........... ~T. TI~JflK,...I~,~Y,,.. Phone No..1~A..9.-.~I~3 PLOT DIAGRAM Looate clearly and distinctly ali 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 YORK, ~ S.S. COUNTY OF ......... :.SD'~FO~(,...u. f If~ILLOS C.]~~IDE~ ........................ being duly sworn, deposes and says that he is the applicant ................ i~l'~'~'~";~"i~f~i'~Sal signing aJSplication) : ' ~' ....... above named. He is the ......................................................................................................................... ................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly auth0rizedlt0~Perf°rm -or have~ performed the said work and to make and file this application; that all statements contained in this ~pplication ~re 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 b~re me this ............ !. ............ d~...~~ ........... ,19..~....~ Notary Public,. .... ~...~,;,]~E~.']:"~Ag~' ..... x.;... County PUbLICize of [~ew York t~OTA~Y (Signature of applicant)