Loading...
HomeMy WebLinkAbout828 TOWN OF SOUTHOLD, NE~V YORK ACTION OF THE ZONING BOARD OF APPEALS .~ppeal No. 828 Dated February 16, 1966 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Walter Malcolm Luce To Cutchogue New York DATE March 10, 1966 Appellant at a me.eth~g of the Zoning Board of Appeals on Thursday, March 10, was considered and the action lndieated below was taken on y~u~ . ) Request for variance due to lack of acoess to property ~f) Request for a special ~xcepti~n under the Zoning. Ol'dinance { ) Reques~ for a variance to the Zonl~§ Ordinance ~ ) 1966 the appeal L SPEC]AL EXCEPTION. By resolution of the Board it ~vas determined tl~at a special exception ( ) be granted ( ) be d:e~.led 9areuant to Arttcie .............................. Section ........................... Sabse~tion ........................ p~ragra!oh ............................ of the Zoning Ordinance, and the decision of the Building I.~spector ( ) be reversed ( ) be cvnf!r~ned because 8:00 P.M. (E.S.T.), Upon application of Walter Malcolm Luce, Cutchogue, New York, for a special exception in accordance with the Zoni~ng Ordinance, Article ITT, Section 300, Subsection 5 (b), for permission to erect a two family dwelling. Location of proper~ty: lot numbers eith' (8) and nine (9) in the subdivision known as "Hickory Acres", Cutchogue, New York. 2. VARIANCE. ~B~ resolution of the Board i~ was determined that (a) Strict application of 9he Ordinance (would) (would not) produce practical difficulties or unnec- essary hardship because sEE REVERSE (b) T~.e hard;~xip created (is) (is not) unique and (would) (would r~ot) be sha~-~d by all properties alike in the hnnmdiate viciaity of this property and in the same use district because SEE REVERSE (c) Th£ varfance (does) (does not) observe the spirit of thc Ordinance and (would) (would not) change the ,cbsracter ~f the dislxict because SEE REVERSE and therefore, it was further detexmkv, ed t~at the/requested varia~ce 0 ) be granted ( and t~at t~,,e prc~vious decisio~s of the Buildi~ag In~pector ( ~ ) ~be confirmed ,( FORM ZB4 ) be denied ) be rever~ed. OF APPEALS By investigation and public hearing the Board determined that the applicant proposes to erect the initial structure, a substantial two family residence in a new subdivision known as "Hickory Acres", at Cutchogue, in which several lots have already been sold. The proposed site fulfills the minimum requirements set forth in the Zoning Ordinance as amended in this respect'in June, 1965. The Board found that the original intention of the developers as set forth in the pro- posed covenant restrictions presented to the Planning Board prohibited two family dwelling, however these restrictions were not filed with the County Clerk. In granting or denying applications for Special Exceptions the Board is guided strictly by the rules and conditions set forth in the Ordinance itself and has no power to change or vary a literal enforcement of the Ordinance. In addition the Board must require affirmative answers to the questions: Is there an undue hardship?; and will the character of the neighborhood remain unchanged? Naturally, decisions are properly related to precedents establ%shed here and elsewhere in the State. The foregoing analysis~ of~the Board's procedure is occasioned by the applicant having questioned the BOard's responsibility in the matter of deed restrictions, and in this matter the applicant is correct. We'are not responsible for the enforcement or ncrn enforcemen~ of such restrictions, however the Board is'responsible for'determining types of use that may ultimately determine the character of the neighborhood. The developers original intentiOns seem pertinent in helping to make this determination, particularly in view of strenuous objections to similar uses in other sections of the Town. The proposed structure will in no way appear externally to be a two family house. The applicant's mother is subject to heart trouble and would be the proposed occupant of separate /b;ing quarters including a separate kitchen. In the circumstances the Board is in favor of granting the applicant's request provided a letter is obtained from the owners of the property to the Board of Appeals stating that the deed restrictions have been amended or are non existent, and thmt the owners of the property have no objections to a two family use on the proposed site. One member of the Board, Mr. Fred Hulse, dissents and stated that in his opinion that a two family use will substantially change the character of the neighborhood now or in the future. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. THEREFORE IT WAS RESOLVED that Walter Malcolm Luce, Cutchogue, New York, be granted permission to erect a two family dwelling on lot numbers eight (8) and nine (9) in the subdivision known as "Hickory Acres", Cutchogue, New York, subject to the conditions se~ forth above. FORM NO.-I '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 Date ...................... .1...8......?:~.,.~,~ ................... , 19.....6..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 plan showing location of lot and of buildings on p~emises, relationship to adjoining premises or public streets or areas, and gi~ing a decailed descFiption of layout 6f 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 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 sha. II 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 Buildin~ Permit .pursuant to the Building Zone Or.dinance of the Town of Southold, Suffolk County, New York,,_z~d other, appl, i~able L.c~'~, Ordinan~ces or Regulations, for tne construction of buildings, additions or alterations, or/~or ~e~mo~al o.~'~er~'~ition, ~' herein ~¢'~cribed. The applicant agrees to comply with all applicable laws, ordinances, b~in~co~ ?~D l~Box ~D; C~tcho~ue~ .... .~ ............. : ................................... .~ ........,~. ,~' ............................ (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . ?..e. ). ................................... Name of owner of premises Flora S. Luce and George Pen~? If .applicant is a corporate, ~ignature of duly authorized officer. (Name and title of corporate officer) I. Location of land on which proposed work will be done. MapNo.: ~"~'" LotNo.: ~9~'Z .~. Street and. Number ' //7/~C/~' ~'/~.r t~l/ ~7~c~ ~ ~ Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~To~e. b. Intended use and occupancy ..... ~.~.¥.~.~.e....~.?.~..~..e..~.c..~ ................................................................................... 3. Nature of work (check which applic, a): New BuirJdi~g. ...... fl% ........ Additior .................. Alteration .................. Repair .................. Removal .................. DemOl t.on .................. Other Work (Describe) ........................................ ~O2 ~ 000 Fe 4. Estimated Cost ......... : .................................................. e .. ...... '..... ............................................................................. (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 ............................................................................... :.'..: ............................. :....~ .......... 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 ..... .~..~ ........... Depth ....... Height~..°.~A~ ....... Number of Stories .............~ ............... ........................................................................................ 9. Size of lot: Front ....~.Z.8.......¢[~.? ....... Rear ........... .q.o...q..~.~.? ......... Depth ..~.°...0...~..t:....t.~?~.~.. ~e~ 10. Date of Purchase ........................................................ N~me of Former Owner ........................................................ 1 I. Zone or use district in which premises are situated ......... .~.e..~..~...a.~.~.~ ................................................................. 12. Does proposed construction violate any zoning law, ordinance or regulation? .............. .~!.o. ........................................ 13. Name of Owner of premises ~ ~;, ~o_~ LLt~ ........................................................... ~ .............. ~ ...... ¢..~,=~ .... Rhone Name of Architect ...................................................... Add,ess ............................................ 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 number or description according to deed, and show street names and indicate whether interior or corner lot. '-.,' I / ~ '-~ / Approx. ~ vo 40 feet / se~ back from Lupen Dr~ STATE OF NEW YORK, COUNTY OF ................................ at nearest point~ Approx~ 'iO0~--f~om Bay Ave~ and also I00~ from East ................. ~ ............................. z ............. : ...................................... = duly sworn, deposes and says that he ~s the applicant (Name of individual ~igning application) above named. He is the ......................................................................................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said~ork and to ~ke and file this application; that all statements contained in this application are true~ the ~t a~is k~ledge and belief; and that the work w, II be performed ,n the manner set forth m the appl,ca~~~/ Sworn to before me this ~ ~. // .......... ....... ....... NOTARY PUBLIO, State of SL~w Y~:'. No. 52-3223120 S~fi~]( TOV~N '0'~ SOUT~0~', NE~W ¥0~ _~ APPLIC,ATIOS7 EOl{ S'PEOI~L EgiCE~T~O~ !8 F~O ~ '66 D~TE ....................................... TO 'I~E ZONII~G. BIO,'AP~D OF APPEALS, ~OL~i'I-IOLD, N. Y. Name S%ree,t and Number ............ ...C..~%.c.~..h..p..~A?. ................................................................................................... %e...:¢...!~.~k ............................................................... Municipality SCare apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPT~ON in accordance wiih the Z;0CN'ING ORD:II~'ANOE AI%T~CLE III SECTION ~00 SU~S~CTZON 5 (b) THE SP~OIAL EXCEkOT~ON ,IS I%E~IIEIST~D ]~ECAUBE I wish to construct a private residence for the use of my own family~ with an attached small apartment for the exclusive use of my mother~ a widow. .The apartment would contain the following: one bedroom~ba~.~ living room~ and kitehen~ and will be located on the first or main floor of the building. I will present tentative plans of the proposed construction at the heari~g~ if desired~ STATE ,OF NEW YOi%K ) ~ ~ ~) SS oo~ ,o,¢.~ ~ ~o,~ ~o ~,~ ........ .1~: ........... ~ o~ ~~...., ~......~ ..... ~ION A. ~EGENT NOTARY PUBLIC, State o~ New ~ ~2 32~3~20 ~uffoik County FOR~ ZB2 NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law nnd the provisions of the amended , Building Zone Ordins~nce of the Town of $outi~old, Suffolk County, New York, public hearings wall be held by the] Zoning Board of Appeals of the TownI of Southold at the Town Office, MainI Road, Southold, New York, on March l 10, 1966, on the following appeals: 7:30 P. M. (E.S.T.), upon application ] of William W. Schriever Main Road, [ Orient. New York for a special excep- tion in accordance with the Zoning Ordinance. Article IV A, Section 420, Subsection 2 (bi, for permission to erect a public garage. Location of prop- erty; north side Main Road, Orient, New York, botuaded north by Charles Campbell, e~t by Youngs ,Avenue, south by Main l~ad, west by Edwin II. King. 3:09 P. M. (E.S.T.), upon applicatio~~. of Walter Malcolm Luce, Cutchogue, New York, for a special exception in accordance ~th the Zoning, Ordinance, Article III, Section 300, Subsection 5 b) for permission to erect a two fam- ily dwelI~g. Location of property: Lot numbers eight t3) and nine (9) in thc subdivision known as "Hicko~- Acrcs",~ Cutchogue. New York. Any person desiring to be heard on the above applications should appear 'at the ~ime and place above specified. i DAr~i~: February 24, 1966 BY ORDER ~)F THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK J C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA']-I'ITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ....... ~,./-,~/~/~.~-~,, ....(.../,~;~.~ week,s/ successively, commencing on the ............ ~.(...~[ ........... day o, ......... ............................ ....... Sworn to before me this ........ .~..... ......... day of ...... ...... , ]¢ota~ PubBo / I~EGAL NO~ICE NCYI~CE OF I{EARINGS Pursuant to ~ction 26~ of the the ame~ed B~Hd~ng Zone Or- dnance of the T~wn of ~u,f~o~ County, ~ew York, p~blic h~r~g3 ~ill be held by ~he Zon- ing Board of Appeals of the Town of ~uthold at the Town Office ~ am R~d, Southold, New York, on Mar~ 10, 1966, o,n the follow- [i~g ~ppeaIs: 7:30 P.M. (E.S.T.), Upon appli- cation of Will,am W. Schriever, Main Road, Orient, New York, for a special exception in accordance with ~he Zoning Ordinance. Arti- cle ~V A, Section 420, Su~ection 2 (b),for permi~ion to erect a publi~ garage. ~cation of prop- erty: north ~ide ~in Road, Ori- ent, New York, bounded north by C~rles Cam~pbell, east by Youngs Avenue, south bv ~ain Ro~, we~t by ~wi~ H. King. 8:0,0 P.M. (E.~.T.), Upon appli- cation ~f W~lter Malcolm Luce, Cu~hogue, New York, for a special exception in accordance with the Zomng Ordinance, Article III, Sec- tion 300 Subsection 5 (b) for per- minion to erect a two family &welling. Lccation of pro~y: Lot ri,umbers eight (8) ~and nine (9) in the ~ivision known "Hickory Acres," Cutchogue, New Y~rk. Any person desiring to be heard on the a,bove applications ,should ~p.~r at ~e time and place above ~T~: P~RU~Y 24, 1966, ,OR~ER ~F ~E SOUTHO~ TO~ B,O~D OF APPE~ 1 COUNTY OF SUFFOLK° ~ ss: STATE OF NEW YORK, says that ...~.~. ~ Printer and Publisher ~f the SUFFOLK ~EEKLY TIMES, a newspaper published at Greenport, in said county; and ~hat the noti~, ,of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in etch week, tot .......... ~. (~ (: ........... week~ suc~ssiv~ly commencing on the ... :~h~ ~.%~f~ ........... d~ of .. ~.~.~.q~J.~ ...... Sworn to befo~~~[~~ ............ day of ../.~k.~ / · .. ~ ..... 19~... .................... 7 ................. ~' .............