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Home My WebLink About1156 TOWN OF SOUTHOLD, NEW ~ORK ACTION OF THI~ ZONING BOARD OF APPEALS Appeal No. 1156 Dated November 6, 1967 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Ruscon Construction Co., Inc. 69 Further Lane Riverhead, New York 1967 Appell~vnt at a me.eti~g 0f %he Zoning Bcazd of Appeais on Thurs., Nov. 30, 1967 was oonsidered and the action Indicated be~o~v was token on your , ) Request for variance~ due to lack of acoess to property ( ) Request for a special ~xception under the Zoning Ordinance ~( ) Requesl, for a variance to the Zanlng Ordinance ~ ) the appeal L SPEC]AL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be sranted ( ) be d.enied 9t~rsuant to Article .............................. Section ............................ Subsection .......................... paragraph ............................ of ti~e Zoning Ordinance, and the decision of the Bulldin$ IE~pect~r ( ) be reversed ( ) be c0nf~rmed be.oa~e 7:45 P.M. (E. S. T. ), Upon application of Ruscon Construction · Co., Inc., 69 Further Lane, Riverhead, New York, for a variar~ e in accordance with the zoning Ordinance, Article III, Section 303, Articl~ X, Section 1000A, for permission to divide property with insufficient frontage and area and use for s~gle family construction. Location of property: north sade Brown Street, Greenport, New. York, lots number 12 and 14 in Greenport Driving Park. VARIANCE. Bp resolution of the Board it was determined that Strict application of the Ordinance, (would) (would not) p.~oduce practical difficulties or unnec- essary hardship because SEE REVERSE (b) T&e barddHp creabed (is) (is not) unique and (would) (would not) be shared by all properties alike in the l~nn~ediate vicinity of this property and hr the same use district because SEE REVERSE (c) Th£ variance (does) (does not) observe the spirit of thc Ordinance and (would) (would not) change the c~mracger ,of the dist~rict because SEE REVERSE and therefore, it was further determined that and that the previous decisions of tl~e Building FORM ZB4 tahe requested varia~ce ( ) be gran~:~J. ( be denied Inspector ( ) ~be confirmed ( ) be reversed. Barbara C, Dittmann, Secretary After investigation and inspection the Board finds that the applicant requests permission to divide property and build two one family homes. The Board~findS'the property involVed is lot numbered 12 and lot numbered 14 in Greenport'Driving Park, a filed map,'however,'the filed map was not adopted and made part of the Southold Town Building Zone Ordinance, when said Ordn- ance was enacted. For all intent and purposes under zoning, lot 12 and lot 14 are considered to be one lot, and only one dwelling may be erected thereon. By dividing the property and creating two lots there would be more than fifty per cent reduction of the frontage and area or,the lot~ as required under the zone, Ordinance. Regardless of the fact, the immediate area is built up with 50 foot · rontage, lots, the, Board can prevent the creation of more 50 foot frontage lots, and thus prevent the over crowding of land. The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties 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 will change the character of the district. THEREFORE, IT WAS RESOLVED: Ruscon C~truction Co., Inc., 69 Further Lane, Riverhead, New York, be DENIED permission to divide property with insufficient frontage and area and use for single family construction, on property located on the north side Brown Street, Greenport, New York, lots number 12 and 14 in Greenport Driving park. LEGAL NOTIGE Notice of H~aring$ :Pursuant to Section 267 of the Town Law and' the provisions of the amended Building Zone Ordinance of the Towrx of Southold, Suffolk County, New York, public hearings will be held by the Zoning BOard of Appeals of the Town of South- old, at the Town Office, Main Road Soufhald, New York, as 7:30 on l~ovember 30, t967, on the fol- lowing appeals: ?:30 P.M. (E.S.T.), Upon applica- tion of Calvin Powers, Pine'rmrst Bl'~ff., Calvertcm, New York, a/c Vincent Maltese, 457 3rd Street, Brooklyn, New Y,ork for a variance ' in accordance with the Zoning Or- dinance, Article III, Section 304 OR 305, for permission to oonstruct an additi(m to an existing dwelling with insufficient front yard setback. Location of property: west side Sigs- ~ bee Road, Mattituck, New York, lot! : number 36 in Mattituck Park Prop- 7:45 P.M. E.S.T,), Upon applica- tion of Ruscon Construction Co. Inc., 69 Further Lane, R~verhead, New Yorl~, for a variance in covd~ee with the Z~ning Ordin- ance, Article III, Section 303, Art- icte X, .Section 1000A, for permis- sion to divide property with insuf- ficient frontage and ~rea and use for single family construction. Lo- cation of property': north side Brown Street, Greenport, ,New York, lots number 12 and 14 in Greenport Driving Park. 8:15 P.M. (E.S.T.), Upon applica- tion of Leroy Brown and James Kavanaugh, a/c Crescent Beach Riding Stables for a special excep- ti(~n in accordance with the Zoning Ordinance, Article III, Section 300, ;ubsection 5 (,3), f~r permission to establish and maintain a riding aca- demy. Location of property: DawnI Estates Shopping Center, Inc., east side Maple Lane (private road), Gre~nport, New York, bounded r~rth by J. P. Kavanaugh, test by District line, south by J. P. Kava- riaugh and others, west by Maple Lane. Any person desiring to be heard on any of the above applications should appear at the time and place above specified. DATED: ~OVEMBER 16, 1967, BY ORDER OF THE SOUTHOLD Tow BOARD O, ltN COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ .~,~.,. ~. ~((:r. ~.-:~.~.~.~.~.. (~.~:: L.~,~:~:~ ..... ~ing duly Sworn, says that ...~.~~ ts Printer and Publisher of ~e SUFFOLK WEEKLY TI~ES, a news~per publish~ ~ Greenport, in said county; and ~at the notice, ,of which ~e ,~nexed is ~ print~ copy, has been published in the ~aid Suffolk Week~ Times . once in each week, tot ......... ~ ............ wee~ successively commenciug on the .~S~.~-~..~.x ............. S~rn to before me this d~.~A~ .... TOWH OF SOUTHOLD, H~W YORI~ APPEAL FROM DECISION OF BUILDING INS, ~CTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Co'~$t~tine Ki..~ ~../.¢ ~s'co.~f¢ohst~ction Co Inc .,Name of Appellan.t :,.~ Street and Number. ~uniCipality StOre THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DAT[D ......... ~.~.~...~.~...~'~.~ ...... APPEAL NO. / November 6, 1967 DATE .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Ruscon Construction Co In¢ Name of Applicant for permit of 69 .... ~u~.~her...~ane.~ ..... Ri.varhead.,...N.,.~, ..................................... Street and Number MuniciPaJity State ........... PERMIT TO USE PERMIT FOR OCCUPANCY permit yo build single family dwelling on lot # 12 and on lot~ l~ a~ ~Derat~" ~nd' individua:l lots LOCATION OF THE P. ROPERTY N/S Bro~ St "A" dist Street Use District on Zoning Map ...G~.e enp~ r.t..D~ iv. ing...P, azk ................ 12.~15 lv~op No. Lot No. Greenport~ 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 303 & art X sec iO00A of ~ildin~ zone ordinance 3. TYPE OF APPEAL Appeal is made herewith for (X) 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 A~PEAL A pFevious appeal I [ihas not) been 'made 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 ) Cs requested for the reason that We wish to build one 50 X ll2 Ft lots and use as esperate and family homes on each of the single parcels Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficuities or unneces- sary HARDSHIP because J This is an old filed map property where most of the area is built up on ~0 ft lots.. There is public water for all lots in the area~ so there will be no problem with the neighbors. It would not be practical to require a 100 ft lot to be used in this area of small individual lots. 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: This 'lot (12~r~br combimed) the largest lot in this area in one ownership which has not been built upon~ : 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because: The proposed new dwellings will meet all Town and F.H.A. requirements and be an asset to the neighborhood, and as one family dwellings will cause no harm to the area. STATE OF NEW YORK ) ) COUNTY OF S~folk ) SS Signature Sworn to this ......... ............ .0.. ...................... day of ................ ~..q~.~I~.~. .................... 19 67 FO~M ~O. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~tOT~CE OF DISAPPROVAL File No ................................................................... Date ................ N...o...v., .e. ~..e..~ ......... ..~. .............. 19..6..~.. To ..,R.~.c. oa...C, o~.s..t.~.~.~.t, ion...Q.o,...In~. ........... .......... .6.9. .... E-~r. ther... Lane ................................. ............. ..R.;~ .v..e. rhe.ad.,... N.,.Y.,. ................................ PLEASE TAKE NOTICE that your ~application dated .................. .~.o..v..e.l~lb..e..~. ..... .~.... 19..~.~... for permit to construct ..... ~t.o...d:~reil~l~g~.. at thc premises located at .................................. ....N../.~ ..... .B..~_o.~....S..~ ..................................... Street Greenport~ N.Y. Map .Gr.e. e~.Do.r.t... Drlv. in$~Bemk ........................................ Lot..12...&..1.)+. ............................. is · _ /_ . disapproved on the followin~ grounds ...thls...par.cel..ls...o.wzled. a s... a.. c ommon...o.wne .r. ~h.i~ ........ aZl~... ~.¢.~ ~.. s. uf. f. lC. le~.~... ~.~..o.~.t ag~....e....a~.~.~... ~.Q~.....~o ...~.~.e..~.% !~.~. ~. ............................................................................................................................................... .......................... .~..r..t....!~....s..e..e.... 3..o. 3..o....~....a...r..t.....x.....s..e...e.... !9.9.o...a. ........................................................... Building Inspector--' ~ FOI~M NO. I TOWN OF SOUTHO/D BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ............................. Disapproved a/c .............................................................................................. Application No ............................. (Building Inspector) APPLICATION FOR BL~[LDING PERMIT Dote .................... .~.O...~..e...~..~,.e. ,?. ....... ~ .......... , 19....6.~.. .... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot p]an showing location of Jot and of buildings on premises, relationship to adjoin ng prem ses 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 application. c. The work covered by this application may not be commenced before issuence 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 sh.alJ 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, housing code, and regulations. Ruscon Construction ¢o Inc (.Signature of applicant, or name, if a corporation) 6~. Further Lane ~ Riverhead (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. if ,app)~nt is a corporaJ~, signature o~f duly authorized officer. Street and Number ..No/S ..... ]~.O~,..S~r .... .Gr. ee~po.:~.g.~.,N~...k ............... i .................. ,~ ................................. Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: / 3. Nature of work (check which ah, ,cable): New Building ..~ ...... Add,,.,m .................. Alteration .................. Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................................ 4. Estimated Cost ...$. ..... .~.,2.,~..0.~.0...+,~ .............................. Fee .....1..0"'~,.0..O.. .......................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units .......... .0~ ...........Number of dwelling units on e~:h floor If 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 ....... ,~.6. ........................ Rear..- ........ ~6 .............Depth ..~6..-..~ ............ Height ' Number of Stories ...... o:lSe ................................................................... ...................................... 9. Size of lot: Front: ......... ~0 .............. Rear ............~0 ..................... Depth .... ~!,~1,~ ..................... 10. Date of Purchase .................... .1..~..6.~. ........................ Name of Former Owner ........ .0....~.~...1..~.:~. ............................ 11. Zone or use district in which premises are situated ..... ~.~..A...". ....... .d...i.~..t. ........................................................................ ]2. Does proposed construction violate any zoning law, ordinance or regulation? ....... ~ ............. ~ ................................ ]3, Name of Owner of premises ...R.~$.~..~...~.~l.t.r.l~¢.~e~O..~I~ .... ,R:Lv. ez*~e~.~ ...... Phone No ..................... Name of Architect .................................................... Address ............................................ Phone No ..................... Name of Contractor .... same. ...................................... Address ............................................ Phone No ..................... PLOT DIAGRAM Locate clearly and distinctly ali buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. See filed plot plan survey STATE OF. N EW,.YQ.R.,K .... t S.S. .................................. .l~.O.~$..t~l~,.t.~,:~,.~,:;],:l:~,.,.' .......... ?...:: ..... being, duly swam, deposes end says th,et he is the applicant (Nome of individual signing application) (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to ~erform or have performed the said work ~nd to m,~ke and file this ~pplicetion; that all statements contained in t~is app ~cet~on are true to the best of his knowledge and belief; that the work will be per~formed in the manner set forth in the epp-lication filed therewith. Sworn before me this NOTARY PUBLI6, State of New ~o. 52-0618100 Suffo[~ County Commission ~p~res March 30, 19~ Co. t r-,~i C , d J I I -t- Uf_ L3 r-4 uW~