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HomeMy WebLinkAbout1142 TOWN OF SOUTHOLD~ NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1142 Dated September 27, 1967 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF 8OUTHOLD Gunter Morchel To Marratooka Road Mattituck, New York DATE _Q~q~._....l~.~_, 1967 Appellomt at a mectl~g of ~he Zoning Board of App~ls on Thursday, October 11, 1967 was considered and the action indicated be{ow was taken on yonr ~ ) Request for- variance due to lack of access to property ( ) Request for a special ~rcception under the Zoning Ordinance (X) Reques~ for a variance td the ZonL~ Ordinance ( ) the appeal 1. SPEC]AL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted (-) be d:enled 9ursuant to Art~cte ............................... Section ......................... Subsection .................... paragraph .......................... of ~he Zoning Ordinance, and th.e ctecisionol the Building Irispector ( ) be reversed ( ) be confirmed because 7:45 P.M. (E.D.S.T~), Upon application of Gunter-Morchel, Marratooka.Road, Mattituck, New.:York,- for a va=ia~ce .-in. accordance with the Zoning Ordinance, Article IV, Section_ 404, for permission to construct a business building with insufficient setback fr~m Sigsbee Road. Location of property: Old Main Road and Sigsbee. Road, Laurel, New York, lot number 102 in Mattituck Park Properties Subdivision. 2. VARIANCE. B~ ~e~olution of the Board it was debermined that fa) Strict applicat~on of the Ordinanoe (would) (would not) produce practical difficulties or unnec- essary hardship because SEE REVERSE th) The hard.lip created (is) (is not) unique and (would) (would n~t) he shared by all l~operties alike in the immediate vicinity of this 9roperty 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 .crmractor ~f the district beczase SEE REVERSE (would not) and therefore, it was further determ~ed that the requested variance ( ) be granted ( ) be denied and that the previous decislol~.~ of blie Building Ins,pector ( ) ~be confirmed ( ) be reversed. FORM ZB4 After investigation and inspection the Board finds that the applicant, requests~permission to erect a new business building with insufficient setback from Sigsbee Road~ The Board finds that the lot in question had been held in single and separate ownership prior to the enactment of the Zoning Ordinance, and it is not feasible to enlarge it. The Board does not foresee any traffic hazard at this corner in view of the fact Sigsbee Road enters the Old Main Road before meeting the new highway. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is~unique and, would, no~ he. shared by all properties alike~in~the immediate vicinity,of this property and in the~same use district; and, the varianc~ does observe the spirit of the Ordinance and will not change the character of ,the district. THEREFORE, IT WAS RESOLVED that Gunter Morchel, Marratooka Road, Mattituck, New York, be GRA~xzD permission to construct a business building wi~h insufficient setback from Sigsbee Road, as applied for. Location of Property: Old Main Road and Sigsbee Road, Laurel, New Yonk. LEGAL NOTICE NOTICE OF HEARINGS I Pursuant to Sectio~ 267 of the ToWn Law and the provisions of the amended Building Zone Ordin-[ anco of the Town of Southold, Suf- folk County, A~ew Yorl~, public hear- ings will be ~eld by '~he Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on Oc- tober 11, 1967, on the following ap- peals: 7:30 P.M. (E.D.S~T.), Upon appli- cation of George Bauer, Southold, New York a/c Herman Pcerschke Nor[h Road, Arshamomaque, New York, for a variance in accordance[ wi~h the Zoning Ordinance, Article III, Section 300, Subsection 6, for permission to locate a private de- tached garage in the front yard area. Location of property: north i side North Road, Arshamomaque, New York, lot number 17 in sub- d4vision of Young and Goodale, bounded north by Long Island Sound, east by land now or formerly , of Cuningham, south by North Road west by land now or formerly of Nissenfeld. ~ 7:45 P.M. (E.D.S.T.), Upc~n appli- cation of Gunter MorChel, Marra- tooka Roaci', Mattitock, New York for a variance ~n accordance w~th the Zoning Ordinance, A/-ticle IV, Section 404, for permission to con- struct a business building with in- i sufficient ~etback from Sigsbee, Road. Locaticm of property: Old Main Road and Sigsbee Road, Lau- rel, New York lot number 102 in Mattituck Park Ih-operties Subdi- Vision. 8:00 P.M. (E.D.S.T.), Upon appli- cation of Norman Reily Mattituck, New York a/c the residents of "Shore Acres", Mattituck, New York, for a special ezception £n ac- cordance with the Zoning Ordinance, Article III, Sectioa 300, Sub-section 10 ,for permission to erect and main- tain an identification sign on the property of Agnes D. McGunnigle. Location of property: North east side Bayview Road and Mill Road, Matti- tuck, New York, bounded auor~h by M. Chudiak, east by Shore Acres, south by Bayview Road, west by Mill Road. 8:15 P.M. (E.D.S.T.), Upon appli- cation of Anna S. Edwards, Hedge Street, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article Section 300, Subsection 6, for per-. mission to locate a private detach- ed garage in the front yard area; a~:l for recognition of access in ardance with the State of New York Town Law, Section 280A. cation of property: private right of way, Fishers Island, New York, bounded north by West Harbor, east by Hurlburt, south by Private Right. of Way, west by Burr, Any person desiring to be heard on the aobve application should ap- pear at the time and~ place above ~ specified. [DATED: SEPTEMBER 28, 1967, BY ORDER OF THE SOUTHOLD TOWN BOARD O FA.PPEALS COUNTY OF SUFFOLK, ] ~ ss: STATE OF NEW YORK, j ·.. :',.. ,' - .~. ~ ,..~ f.~ ~ ~ ~...t f , '~ ~.:.: ~ .: ..... being duly Sworn, says that ...t.,. ' , is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in scdd county; and that the n'otic¢, ,of which the ,cmnexed is ~ printed copy, has been published in the suid Suffolk Weekly Times ance in each week, for ....... /~ .~.,., ............... week~ suc~ssively commencing on ~e .. ,:. >.~.~. !~ ............ d~ of ..,: :,. ~'.V.c .t~. t. ..... 19~ .2. . . i . . '~ ~ ~'.~ ~ ~ · · -~- .' .~..~ :~-~ ........ S~ozn day of .~~...~. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.//-'z/ DATE~ .... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N: Y. 1, (We) .....~,~e~...]~O~. ~.% ........................... of .... ~.~ 9~..~.~ ................................... Name of Appellant Street and Number ............ ~a~~ ......... , ....... '. ........................................ ........ ~.~. .......... HEREBY APPEAL 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 Name of AppHcont for permit of ..... lia~m.~o~k~..Eoa.d,.. ~a.t~.it~Ack~.. ~e~..Io~k ..................................... Street ond Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..... .0.1~..~aln..Ro~d...&..~igshea..Eam~...-....B...B.~si~e.s~ Street Use District on Zoning Map 8Ol 102 Iv~op No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sec.tion and ~aph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) 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. 6.2 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (hos not) been mode with respect~ to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special oermit ( ) request for o variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinonce ( ) is requested for the reoson that t;~ ~l~bJee, t ~:~J.~ ¢o~:L~J~,~ O:LP a COZ'~' ].at which existe~ p~ia~ to zoning. Peti~ione~ ~equests a variance with ~espect to the set ba~k ~equi~ements on ~i~sbee Road to enable him to construct a building of s~ficient wi~tho Petitio~e~ ~eques-ts a~ least a ~eduction of the set back ~equi~ements :f~om 25 feet to 20 fee~. Form z~x (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because th~ tot i~s a !~rL.~ n~.~r'~' ~ '~ l~ ~ ~i~e~ ~ 2. The hardship created is UNIQUE and is not shared by all prop6'rties alike in the immediate vicinity of this property and in this use district because ~h.i~ i~ ~ ¢o~n~ Io~ ~1 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE, CHARACTER OF THE DISTRICT because ~.8 ~m~i~ ~U[~ ~,~ back o~ ~ig~bee ~oe,~ ~n~ would not Change STATE OF ) ss ~ c~/./' ~.Signature _ ' COUNty. OF S~I~OLK ) " TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OTICE OF DISAPPROVAL File No .................................................................. Date Sep.% .....2..7.. ............. 67 Marratooka Road ........ ?!. ..................................... PLEASE TAKE NOTICE that your ,application dated ..................... ..S.[e...p..~ ..... .2...7. ........ 19 ........ 67 for permit to construct ....b.~..s...i.?~.s..s.....b...l...d..g. .... at thc premises located at ...... ..S..i..g..s..b..y....~..d. ...... .... .~...~ai~..~.o.~c[ ......................................... Street Mattituck~ N.Y. Map ..~.a..~..i...t.~.a..c..~...~%~}L.~.~ek .......................................... Lot 102 is re~r~ ~~i~,hf_~xdisapproved on the following grounds ...... ~..~.n...s..u.~.f...i..c...i...e,~...~..e..~..a..c..k .... f.r. (~.. s i ~ s ;o ~. ~c~a d ............... ~Lr ~.. Z.V....a ~.c....~.O~ ..................................................................... NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Approved .................................... , 19 ........ Permit No .................................. D i sa pp roved a/c '.. ~~....~.J~...¢; .~.....~......~r~..........~Z~. ~r Application No ................................. (Building Inspector) APPLICATION FOR BUILDING P£1~MIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building 1 nspector. 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 property must be drawn on the diagram which is part of this location. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this appficatio.n, the Building .Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises ava,ilable for inspection throughout- the progress of the work. e. No building shall be occupied or used in who~e or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building inspector. APPLICATION ~S HEREBY MADE to the Building Department for the issuonde of a Building Permit pursuant to the Building Zone Ord:inonce of the. Town of S°uthold, 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 and regulations. (Signature of applicant, or name, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. c on~z~ac~ vertd®~ Name of owner of premises .... D0.~.0.~.~...D~.~/S. EI ...................................................................................... If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) (Mat~i~aek Pa~k 1. Location of land on which proposed work will be done. Map No: ...... ~1~ ' Lot No: ....... Street and Number Si,~sb®~. RoaCh, and Mai~ R~a~, Mat~i~k~ New_ Yo~k Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ...... .v.a~.~t~..,la~ ............. E.o~l...~..Stt.~.~s.~ ........................................... b. Intended use and occupancy ...... .S.~.e...~..~..;~..~a..1...s~ .................................................................................... 3. Nature of work (check which ab,~Mcab[e): New Building ....... X .......... Aa~,,'ion .................... Alteration .................... Repair .................... Removal .................... Demolit[0'n..[.7.~.,, .......... Other Work (Describe) .................... . ,; : '..:i :; ,' (to be paid on filing this application) 5. If dwelling, number of dwelling units ....... ~: ...... : ..... ': .... Number-of dwelling units on each floor .................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .... ',.,.:..' ..................... 7. Dimensions of existing structures, if any: Front ...... ~.On~ ............ 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 ............ ~ Lo ... Rear ............................ Depth ............................ Height ............................ Number of Stories ......:*..~. ..... ;..' .............. 9. Size of lot: Front ...... ~6.,~7...~¢.e~ Rear ............................ Depth ....... ].&,,~ .............. ~0. Date of Purchase .... .~Z~C~¢~...~OzZg:~&¢,~. ................. Name of. Former Owner ........................................................ 11. Zone or use district in which premises are situated ...... ;~...~Aa.&:~.,~¢~ ...................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ..~ ................................................ 13. Name of Owner of premises...D.o:~.o~h~..Dz.&embo,~l~ss ..Ri.~.ez~he~t.d...~.,..~ ....... Phone NO ..................... Name of Architect .................................................... Address .......................................... Phone NO ..................... Name of Contractor .................................................... Address .......................................... Phone NO ..................... PLOT DIAGRAM Locate 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. z/~ ¢;~ STATE OF NEV~O.R~. COUNTY OF ~~.~.~.';~i.) (Name of' individua s ~ning 9,pplication,~ ' Ooove namea, n~ is --,= .................. ,....~ .............................................. l' ........................................................................... (Contractor, aCent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or howe performed the said work and to make and lite this ~pplication; that al statements contained ,in this a~R!,Lcation,;ar.e: true to the best of his knowledge and belief; r I e ~Ff°rmed in the ma ,~ ~et~¢6-~', ~n,',the a lication filed therewith and that the. wa k w I b p ~,9,~ ~,~ ~ ~" PP - Sworn to before me th.s ................. · ..'...L of ........