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HomeMy WebLinkAbout1141 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal NO. 1141 Dated September 28, ACTION OF TH],' ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD T~ George Bauer a/c Herman Poerschke Southold North Road New York Arshamomaque, New York 1967 Appellant at a meetipg ol the zoning Bo=d of Appeals an Thursday, October 11, was considered and the action Indicated below Was taken on your , ) Request for variance due to lack Of access to prope*ly ( ) Request for a special exception under the Zoning Ordinance ~ ~ Requcs~ ~or a variance t~ the Zonlmg Ordinance i ) 1967 the appeal ]. SPEC]AL EXCEPTI@N. By resolution of the Board it was:determined that a special exception ( ) be granted ( ): be :denied pursuant to Article ............................. SectiOn > ........................ Sub. etlon_ _ ................... paragraph ............................ of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( be confirmed because 7:30 P.M. (E.D.S~T.), Upon application of George Bauer, Southold, New York, a/c Herman Poerschke, North Road, Arshamomaque, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, for permission to locate a private detached garage in the front yard area. Location of property: north side North Road, Arshamomaque, New York, lot number 17 in subdivision of Young & Goodale, bounded northby Long Island Sound, east by land now or formerly of Cuningham, south by North'Road, west by land now or formerly of Nissenfeld. 2. VARIANCE. B~ resoluti(m of the BOard it was determined that ia) S~riot applicatten of the Ordinanoe (would) (would not) p.-0duce practical difficulties or unnec- essary hardship because SEE REVERSE th) T&e hardship created (is) (is not) unique and (would) (would not) be shard by all properties alike in the hnmedlate vicinity of this 9reperty and in the sam.~ use district because SEE REVERSE (c) Th~ var."-.nce (does) (does not) observe the spirit of thc Ordinance and (would) change the c~mracber of the district beck,use SEE REVERSE (would not) and therefore, it was further detenn/med that the requested varia~ce ( and that t~e previous decisio~s of t~e Building Inspector ( FORM ZB4 ) be granted ( ) be denied ) ,be confirmed ( ) be reversed. After investigation and inspection the Board finds that the applicant requests permission to locate a private detached garage in the front yard area. The applicant owns waterfront property. The Board points out that this is a situation that frequently occurs in many areas where there is waterfront property. The proposed garage will be setback from the road at least 200 feet, thus eliminating any traffic hazard of the applicant backing~ out onto a public highway. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is un~/e and would not be shared by all properties alike in the immediat9 ¥iqigi~y)9f~this property and in the same use ~istrict; and the variance does observe the spirit of the Ordinance and will not change the character of the distric~. ,THEREFORE, IT,WAS RESOLVED George Bauer, Southold, New Yor~, a/c Herman Poe~schke, North Road, Arshamomaque, New York, be gr,anted ,permission to locate a private detached garage in the front!~rd area. on property locate~on the north side North Road, Arshamomaque, New York, lot number 17 in the Subdivision of YoUng & Goodale. This permission is subject to the following conditions: 1. The garage shall be located at least 200 feet from the front property line. (NOrth Road.) 2. The garage shall be located at least five feet from any other property line. LEGAL NOTICE Pursuant to Sectio~ 267 of the Town Law and the provisions of the amended Buik~/ng Zone Ordin- ance of the Town of South01d, Suf- folk County, ~ew York, public hear- ings will be 21elU by the Zon/ng 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: ?:30 P.M. (E,D.S.T.), Upon appli- cation of George Bauer, Southol~, ~rew York a/c Herman Poerschke North Road, Arshamomaque, New i 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 6ide North Road, Arshamomaque New York, lot number 17 ~n sub- ~ivision of Young and Goodale bounded north by Long Island Sound, east by l~nd now or formerly of CunJngham, south by North Road west by land now or formerly of Nissenteld. 7:45 P.M. (E.D.S.T.I, Upon appli- cation of Gunter Mordhel, Marra- tooka Road', Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article IV, Section 404, for permission to con- struct a business building with in- su/ficient setback /rom Sigsbee Road. Location of property: Old Main Road and Sigsbee Road, Lau- rel, New York lot number 102 in Mattituck Park Properties Subdi~ vision. 8:00 P.M. (E.D.S.T.), Upon appli- cation of Norman Reily Mattituck, ~qew York a/c the residents of "Shore Acres", Mattituck, New !York, for a special esception ~u ac- i cordance with the Zoning Ordinance, . Article III, Sectian 300, Sub-section ; 10 ,for permission to erect and main- !fain an identification sign on the i property of Agnes D. McGunnigle. Location of property: North east side Bayview Road and Mi~l Road, Mat~i- tuck, New York, bounded ~or~h by M. Chudiak, east by Shore Acres, south by Bayview Road, west Mill Road. 8:15 P.M. (E.D.S.T.), Upon appli- cation of Anna S. Edwards, Hedge l Street~ Fishers Island~ New York~ for a variance in accordance with~ the Zoning Ordinance, Article Section 300, Subsection 6, for per-I raiss/on to locate a private detach- ed garage in the front yard area; ar~' for recognition of access in ac- cordance with t~le State of New} York Town Law, Section 280A. Lo- cation of property: private right of way, Fishers Island, New York, bounded north by West Harbor, east i 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 t~he time ar~' place above specified. DATED: SEPTEMBER 28, 1967, BY ORDER OF THE SOUTHOLD TOWN BOARD O FAPPEALS ltO6 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: says that ...~. ~%. ~, is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said cou,nty~ and that the n'otic~, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekly Times once in ~ech week~ for ~ .;~.~. ........... week~ successively commencing on the .... ¥, .~. ~..~ ~'~ ............. day of .... ,: .~ .l~,,..~,~.~ ~ ...... 19.~ Sworn to before me this ..~.~ ........ day of . . .:/. ~ .~ ~..~-.~. ~ ... · TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL No. ]'-// DATE Sept 28,~ 1967 TO THE ZOI'~ING BOARD ~0~ APPEALS, TOWN OF SOUTHOLD, N. Y. ~eorge Bau~r A/C 1, (We) ...~..~.'.m...a.~...~P.~.;~.8..q~.Jg~ ......................... of ......... ~.o..r...t..h....~...6.~,d.. .......................................... Name of Appella,nt Street and Number .............. .~.;C~.~..~r.~p~.~!~.e,.~...~.e.~:;o~t.t ...... ' ...~Lo2~ ................. HEREBY APPEAL -FO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .........S. ep.t ..... 2.~.~...]..9~ ........... WHEREBY THE BUILDING INSPECTOR DENIED TO George Bauer A/C · .~j.~.~r~am..P.o.a r.a c hka ........................................ Name of Applicant for permit of ,. }i:.o. Z:~ ~,..~o.~ ~ ~.. A z.~?~m0.o~:~.~u~. ~....G r..r,s e ~ o.~. ~. ..... .~ ............................. Street and Number ' Municipality) state ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit to build accessory bldg yard area 1. LOCATION OF THE PROPERTY }~/R Street Use District on Zoning Map ..... Y.o. mzg.. A.. ~.o md aZe ..................... ,..3.7 ............. Mop No. Lot No. 'Greenport~ N.Y. 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 .~ee 300 sub 6 3. TYPE OF APPEAL Appeal is made herewith for (:C) A VARIANCE to the Zoning Ordin.once 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 mode with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal 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 : $.~[e wish to~btzi!d a_private detached garage on our property~ N/S North Road~ Arshamomaque~ The lot is deep and narrow with the s~,,~i,~e~.~_,_~_~ close to the sound bluff~ the only area for the garage is in the front yard area as shown on the ~ermit application. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICAT]ON OF THE ORDINANCE would produce practical difficultie,s or unneces- sary HARDSHIP because : T~he lot is deep w±tiz u.~i,, d'we±!zng on the far end facing the sound The only ~] ~ · _ ~_a~e for an accessory bu~idiz~z is between the house and ~-~ gnway ~ 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 : %his is a deep ~raterfrozzt lot with no room to o~.:_~u_ i~_ the rear yard area~ 3. The Voriance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE Ck~ARACTER OF THE DISTRICT because: Thereare other pre-e×zstiz~g garages i~. the neighborhood between the dwelling a~.c~ highway~ the proposed use is one family residential so there will be no change or harm to ~he charicter of the area~ STATE OF NEW YORK ) ) SS COUNTY OFSuff°ik ) Sworn to this ................... 2,8 ....................... day of ................. ~.~.D~..e.~..b..e..~ ............ 19 67 Notary PuNic FO'I~M NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ......................................... 19 ........ Approved ........................................ , 19 ........ Permit No ................................. Disapproved a/c .............................................................................................. Application No ............................. (Building inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. 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 part 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 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, o~jfor removal or demolition, as herein described· o ees ,o com ¥ w,,h code ~ ~nature of ~pJica.r t, ~ame,~ a corporat'o ) ~~.~...~ ...... ~~ ...... ~. ............. ~.. (Address of applicant) / . State whether a~li~ee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ...~. '~&%r~.-~......~,.. ...... ~~~ ................................................ If applicant is a corporate, signature of duly authorized officer. .................... i'~.~"~'~'~"~i~'~'~;~;~'~¥~'~' ................... 3~~ Q~ ~ ~~~{~ 1 Location of land on which proposed work will be done. Map No:-_~.~..~...~ ......... ~"...i ...... Lo~o: ~' .~.... ......... · Street and Number ......................................................... M'~"n'i~p~~'/~ ...... ~~~ '.'~iiiii ......... 2. State existing use and occupancy of premises and inten~d use and occupa?fy~oposed construction: o. ~x,~,,~ ~ o~ occ~o~ ...... ~...,..,~...~ ....~~,~.~~~...~..~~~ ..... ~....~..~ ......... b. Intended 3. Nature of work (check which aPph~,Ole): New Building . . Additic Alteration .................. Repair .................... Removal .................... Demolition .................... Other' Work (Describe) ...................................... (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 ........... ~_.._--'z. 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 ...... ~,.,~..... ......... Rear Height ............................ Number of Stories .... ~ ..................... 10. Date of Purchase/~.Z~../.~.~ ............. ' ........... Name of Former ~ner .... 11. Zone or use district in which' premises are situated ................................................................................................. 12.- Does proposed construction vi.plate any zoning law, ordinance or regulatJ~..~~ 13. Name of ~ner of premJses~~.:~~~dres~~~..O.~Phone No .............. ,..,... Name of Architect ...... ~. .................... ~ ...................... Address ............................... ..~ ........... Phone No~ Name of Controcto ~~~ddress . ....... ~~wq~, ~hone No~-~ PLOT DJAG~M Locate clearly and distinctly oil buildings, whether existing or proposed, and indicate oil set-bock dimensions from property lines. Give street and block numbers o.r description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEw YORK, 1 SiS. COUNTY OF : ............................... ........................................ : ........................................................ being duly sworn, deposes and says that he is the applicant 1:Nome of individuo signing application) above named. He is the ......................................................................................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and. is dully authorized to perform or have performed the said work and to make and file this application; that oil 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 be,~re me this ................. .... .... , .... .... ....... Notary Public, .~[.J~ ..... ~ ....~~.. County (S~nature of applicant) N,OTA~Y PUBLIC, State 0, [~o. 52-3233120 ~uff0ik Count) ' Term Expires ~ch 30, 19~