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HomeMy WebLinkAbout705 food _ ? ;off LAHKA NST_ ROSALIE W. #705 41 'A Railroad and-_McKay_Avenue-_ ___-Aug-__20,_-1-964 _Huntington Station_,_ Rew_York __-___ Page :3 r GRANTM germission__to -1coated _a_garage_in .front Lyar-d_on property.-_SInt/_S_Kno115aaad_-Lane,_Mattituck,__- ;New -York_ _ ... TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE 20, 1964 Appeal No. 705 Dated July 29, 1964 ACTIUN OF TMF ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD TO Rosalie W. Lahmann Appellant Railroad & McKay Avenues Huntington Station, New York at a meeting of the Zoning Board of Appeals on, Thursday, August 20,1964e appeal was considered and the action indicated below was taken on your Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance FX ) Regaest for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .............................. Section .................,.,........ Subsection _..._.................. paragraph ............................ of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7: 45 P.M. (E.D. S. T. ) , upon application of Rosalie W. Lahmann, Railroad & McKay Avenues, Huntington Station, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to locate a garage in the front yard area. Location of property: south west side Knollwood Lane, Mattituck, New York, bounded north by H. Whalen- Knollwood Lane, east and south by J. Delehanty, west by creek. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The varrance (does) (does not) observe the spirit of the Ordinance and (would) (would 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. Ward ED ZONING BOARD OF APPEALS FORM Z f Appe s � ` ' Barbara L. Carroza, Secreta After investigation and inspection the Board finds that Mr. & Mrs. W. Lahmann wish to erect a private garage in the front yard area. The main building has not yet been constructed. The Board finds that the land slopes downward toward the creek, making it necessary to erect the garage closer to the right-of- way. The Board also points out that this private garage is 100 feet from any public highway, and is also 52 feet from the 100 foot right-of-way. , The Board finds that the location of the garage, as shown on the building permit application, is the best possible location for it to be constructed. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in theimmediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. Therefore, it was Resolved that Rosalie W. Lahmann, Railroad and McKay Avenues, Huntington Station, New York, be granted per- mission to locate a garage in the front yard area, on property located south west side Knollwood Lane, Mattituck, New York. pr Ge.� COUNTY OF SUFFOLK NOTICE OF BEAM Nt, STATE OF NEW YORK 55: Pursuant to Section 267 of the Town Law and the provisions of the amend- ed BuildingZone o e Ordinance of the. 'ibwn of Southold, Suffolk Caunry, C. Whitneyooth, Jr., being duly sworn, says New York, public hearings will be Y 9 Y Y held by the Zoning Board of Appeale l that he is the Editor, of THE LONG ISLAND of the Town of Southold, at the Town Office, Main Road, Southold, Nev ! TRAVELER - MATTITUCK WATCHMAN, a public news- York, on August 20, 1864, on the fol lowin ap eals: 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- :nut Road, Southold, New York, for a man once each week for ..� f. L. ,,..... ../.,,.,,,..., weeks variance in accordance with the Zoning Permission to erect a buildingwith ..L Ordinance, Article III, Section 304, for successively, commencing on the .............�....>................... insufficient setback. Location of prop- gold, New York, bounded north by ChestnuttRoad�eastsbyuHRoad�6oWa)�- � day of . ( .:LcC.-G 4. ................. A 9.� T' south by M. Conway, west by H. Conway—F.. Moffet. ................. .....................1....�,.:...............................`: ; 7:45 P. M. (E.D.S.T.), upon applica- tion of Rosalie W. Lahmann, Railroad '& McKay Avenues,Huntington Station, New York, for a variance in accord- ante with the Zoning Ordinance, Ar- f title III, Section 300, Subsection 7 - �' Sworn to before t me his ........................ da of for permission to locate a Y garage in , the front Yard area. Location of prop- /. erty: south west side Knollwood Lane, .... _ ..""""'.. 19..x.• .Mattituck, New York, bounded north /J by H. Whalen-Knollwood Lane, east and south by J. Delehanty, west by creek. 8:00 P. M. (Eapplica- tion ti •D.S.TJ, upon applioa- � on of Cora Glover, Main Road,. .......t....�...^:.>�E.•.�.•.�....¢�.+..�.GC ...��.d..—............. Southold, New York, for a variance in , Notary Public accordance with the Zoning Ordin- � ante, Article III, Section 303, Article X, Section 1000A, for permission to divide and set off lot with insufficient ` frontage and area. Location of prop- k erty: south side North sea Drive, i Southold, New, York, bounded north ' by North Sea Drive, east and south by other land of Cora Glover, west by Jose DePaz. 8:30 P. M. (E.D.S.TJ, upon applica- tion of The North Fork Baptist Church, '!Route 27A, Mattituck, New York, for recognition of access in accordance With the State of New York Town Law, Section 280A. Location of prop- erty: north west side Middle Road (CR 27A), and south east of private right-of-way, Mattituck, New York bounded north by private right-of-way, east by W. A. Kaiser, south by Middle Road (CR 27A), west by J. J. Haas. Any person desiring to be heard on the above applications should appear at the time and place above specified. DATED: August 6, 1964, By Order of the Southold Town Board of Appeals i I NOV $0TICk LSP m"Am I Pursuant to section 267 of the Town Law Sad the provisions of the arrmde d Building Yoae Ordinance of the Town of Southold} i Suffolk county, sew York, public hearings will be !weld by the zoning ward of appeals of the TVWO of Southold, at the Town E office, Retia Road, Southold. now York, on .August 240 19640 i an the following appeals: i 7% 30 f,at. (R.u.s. . ) , upon application of 0014 math Buildlag and construction, main Street. Southold. Aber York. a/c J'erom a convoy, jr. , Chestnut tread, Southold, New York, far a varianw in accordance with the zoning ordinancwe. Article til, Section 304, for parmisslea to erect a building with insufficient setback. Location of propertye south side Chestnut !toad, Southold, New York, bounded north by Chestnut Reead, east by ti,% Convoy, south by n,ft. Commy, west by 6. Cammy-F. Monet. 7 s 4S V.M. (f.D.8.T. ), upon application of Rosalie No i Lahmann. Railraa d & away AV*GV•s. touaatington Station, Now York, for a variance in accordance with the Zoning ordinance, article ill, section 300, Subsection 7, fax permission to locator a garage in the front yard area. Location of property: south west rids mollwood Lane* btattitwdt, blow York, bounded north by be Whalvo-Knollwaft Lama. east and south by J. Delehanty, wast by creak. i I Legal r O* ' e 0090 -2- at 2- 8c 00 P.no (it.D.S.T. ), upon application of Cora Glowers j Main Road. tUmthoid, Mm York, for a "riesce in acoeardaacs j I With the Seining OrdinanCe, Article 131„ Section 303, Article XI Section 1000A. for persi•sion to divride and vert off lot with insufficient frosts" and area, t.aeratioa of property; south aids North Sea Drive, &euthold. Raw Rork, bounded i north by worth Sea Drive, !wort and seuth by other land of cora clewet} west by Jose Dara. 8x 30 F.M. (E.D.s.T. )} Upon application of The Porth Fork Baptist Church, Rout* 2714, rlattitucc♦ wew Yorke far reSogaition Of access in accordance with the state of now York TOM Law, Section 280A. Location of proDartY1 north west side Middle Road (CR 27A)} and south east of private right-of-w&y. ;nattituc� wenn York, bounded north by Private right-or-+waro east by w.A. I Risero south by Middle !toad (CR 27A), west by J. J. a4aas. Ani► person desiring to be beard on the above applications should appear at the ties and place above specified. I AR)=s August 6, 1944. By oM8lof the i Southold Town Board of Aippeals • w • it FLSASS MBLIBA OWE, AMUST 13. 1964,&= roww RD rl" (5) A"MRVITS Or MUMCATION TO THR SOP" tai' AIPMALS, TOM OFFICE, PAM ROAD, so3T ,D, YMK. r copies sailed to the following oa August 7. 19641 i i The Long Island sravbier-Mttitw* watcvan 00140101th Building and Cesstsietion. a/c 1. Coetway. ix. Rosalie W. Lahmum Cora alovor The worth Fork Baptist Church i $ Aran AT THR Munm i i I FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. NOTICE OF DISAPPROVAL File No. ........... ............ .... . ...... ........................ Date .. ..... .........,_... ... ..JUIY....39......... 19.(x!#.. . ... To Rosalie...& Walter....Lahmann................ ......... Railroad...&..McKay. Ave...... ............. ..........Huntington _Station,...N.Y....... ....... PLEASE TAKE NOTICE that your application dated ................ ......July. 29 19.64.. for permit to construct .garage.. .................... at the premises located at .....S/w .side........ .Knollwood. . . . . . .LA........................................ Street Mattituek .... .... .. . .. .. . ..... Map ......... ...XXX......... ... ....._..Block. ....... .7G7G7C........ ......... ... . Lot ... ..... .XXX...... ... .... ............... is disapproved on the following ground. .......Accessorl-.buildialg.. ShAuld..be...JTI..r.ear...(waterfront...Side...)...of--lot.y.....Main -house.-not............ Y..et..built.............. ......... ............... ................ ......... ................ . ............... .................. ........................ ........... .......... .................... . ... ............... .....I............... ......... ........... ............... .......... ... ...I........_.............. ......... ........ ... ......... ....... ......... ..... ..... ................... Building Inspeeto TOWN OF SOUTHOLD, NEW YORK / APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATEd44. //�G•, TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHHOLD, N. Y. S // 1, (we) ...� ..�/..:. �r4 ........of ��fis I?��!�.�..... ... Name of Appellan�tO Street Dnd Number . .......R:.. ............................ ! f .........HEREBY APPEAL TO Municipality /State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIN-G1 �7INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .. �t /..G7�1.�.�.t�. Sl......... WHEREBY THE BUILDING INSPECTOR DENIED TO .� Q !! ......................................................... p ame of Applicant f/o//r permit / Street and Number nicipality State ( +1 PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..<<!! vA . l...4rrG ..............................-ion . ! Street Use District on Zoning Map .................................... .x...... ;� ,� 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.) 41'T ZZT Sc-C. 30ra - SUDS 3. TYPE OF APPEAL Appeal is made herewith for (V..) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal 41aea) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ),request for a special permit ( ✓) request for o variance andwas 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 Forth zsi (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becausex�/L� C�icd7cuJ4[c� / l�ie2� /7 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 G%< /%E 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because F ✓ k �� � ✓ze c� , G9yu� C/ STATE OF NEW YORK ) i' COUNTY OFo��) Signature Sworn to this ........... ..Cl..�................ day of...... ... .......... ............................... 19G . ......... .. ...... ............................ Notary Public Notary P. Ra10JAN rs of NN 4" Term Exp Ma� ,Cpy� February 11, 1966 James R. Delehanty Knollwood Lane Box 476 Mattituck, New York 11952 Dear Mr. Delehanty: We have carefully considered your letters of January 27, 1966. Notices of hearings which are concerned with Zoning flatters are conducted pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the Town of Southold. This involves publication of notices in the current official newspaper of the Town. A question of how large a cir- culation the current official newspaper of the Town enjoys at any given time is irrelevant. Any other system of private notice of individuals who might or might not be concerned with Zoning matters has always been regarded as being extremely burdensome and difficult to administer, particularly because of the fact that approximately half of the residents of the Town of Southold are owned by people whose official residence is elsewhere. In reply to your letter concerning the August 20, 1964 action of the Board in the matter of the appeal of Rosalie Lahmann, Case No. 705. The applicant applied for and was granted a variance permitting the construction of a garage which was said to be an accessory to the main residence. No plans have ever been submitted for the main residence, nor are the Lahmanns required to submit their intentions in this regard. There is nothing in the Zoning Ordinaned which can be construed to prevent the erection of this garage. However, it would definitely be a Zoning violation if the garage was used as a residence. Mrs. Lahmann does not state -2- whether or not she intends to live in this garage, not is she required to give any guarantee about a residence which she may or may not construct. There is no provision of the Zoning Ordinance which would prevent a so-called accessory building from being constructed prior to the main structure. Accordingly, as far as we are able to determine there has been no violation of the Zoning Ordinance. Thank you for your interest in this matter. Very sincerely, Robert W. Gillisp+e, Jr. Chairman, Southold Town Board of Appeals RWGjr/bd Knollwood Lane Mattituck, `dew York January 27, 1966 The Zoning ward of �.ppeals Town of Southold Gentlemen: on August 20, 1964 at 7:45 P. M, you heard the appeal of Rosalie Lahman (Case It-905). Had I been notified in advance I would have attended this hearing ana objected strenuously* only recently, did I learn of Mrs. Lahman's intention. I consulted the Building Inspector and examined the file on the Lahman case. Sifting through this file I discovered that bars. Lehman applied for and was grantea special permission to erect a garage in an exogpt- ional location. The Lahman's are presently proceeding to build on this lot, a garage, and only a garage. This action I protested and I asked the Building Inspector to stpP this construction. He said he could not act since he feels Lahman is entitled to build this garage. But I say he has no such right. This lot itis in question lies in a residential zone. Only houses may be built here. A garage is not a house, to build a garage other than as an accessory to a house is a violation of the zoning ordinance. It is clearly seated in the zoning ordinance that the board is bound to consider the effect of an y proposed action on surrounding property values. Vbat will happen to the value of my land if I become surrounded by substandard buildings? Let me raise further questions. Did Mrs. Lahman tell you that the deed by which she acquired this lot contains, among other covenants, a clause prohibiting houses below a certain minimum value, but permitting garages of a much lower value? Eid Mrs. Labman tell you whether or not she plans to live in this garage? Did Mrs. Lahman offer any guarantee that his house called "a gargle" would be the only habitable structure on this lot? I respectfully request the board to reopen this case, and cohsider the following points.- 1. Does yrs. Lahman have a building permit? 2. Is this in fact a garage oJK a house? 3. Where are the plans? 4. If this is truly a garage, the location of the house should be shown so the proposal may be considered in its entirety. 5. The house must be built before an accessory building can have anything to be an accessory to. 6. 'ahat precedents will be set if this building is permitted. L 7. shat will be the effect of this proposed action on neighboring property values. 8. Vv''hy oan't. the Lahmen 's adhere strictly to the zoning ordinance. I regret that 1 an forced to contend with my neighbor over this matter. Irs. Lehman knew the zoning requirements before she purchased the property in question, and can easily meeth them. However I am the injured party and I must defend myself and my prvp�rty. I appeal to you gentlemen for the protection of the law. Yours Truly r '6 r✓-o G..LE &aures R. Delehenty Box 478 hattituok Knollwood Lane `t , ,� N,attituok, New York January 27, 1966 r- �.� The Zoning Hoard of Appeals Town of Southold Gentlemens Recently a neighbor of mine was granted an exception to the zoning ordinance, mainly because no one came forward at the hearing to oppose him. Had I known of his intention, I do uld have attended the hearing and protested vigorously. The zoning ordinance, like allour laws, exists to protect the rights of the people. As presently written, the appeal section seriously weakens the meager protection offeredby this ordinance. An exception may be granted after public notice and a hearing. But public notice, when given in a newspaper of very limited circulation, is not sufficient notice to many parties deeply concerned with protecting their property rights. It must be remembered that many of SoutholddIs property owners maintain permanent residences elsewhere. Must they lose the protection of the law because they cannot mount constant guard over their land? I maintain that any person appealing to the board for any exception to the zoning ordinance should be required to submit proof that he has notified, in writing, all adjoining and neighboring property owners telling them the time and place of the hearing andhis intentions. The zoning ordinance should be revised so as to require such personal notice in addition to the public notice. This provision is found in the zoning ordinance of many other towns and does not seem to be any hardship on the petitioner. Zoning laws should be carefully and uniformly uphelda any exceptions should be made only after the most careful and thorough deliberation. At present, it is altogether too easy for anyone to circumvent this law. As a citizen, I appeal to you for the full protection of the zoning law. Respectfully z�YNL� P, UGE L Qs -L\ James R. Delehanty Box 476 kattituck, N. Y. P'OSM NO. 1 - TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ......................................... 19........ Application No. ............................ Approved ......................................... 19........Permit No. ................................ Disapproveda/c .............................................................................................. ......................................................................................................................... ................................................................................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .....� ......................... 19.4......... 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, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code and regulations. r ... : (Signature of applicant, or name, if o corporation) (Address of plicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ............................../r. .ccr.. ... .................................................................................................................................................. Name of owner of premises .......%( ":.............................................................................. If applicant is a corporate, signature of duly authorized officer. ................................................................................................. (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Map QNo: ............................................ Loot No: .................... Street and Number1C1 � 1.�"'!f? ... .. .rst. Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ................................................................................................................................... b. Intended use and occupancy ............ 5�'........................................................................................... 3. Nature of work (check which r.,,.iicable): New Building ........... ..... Ads.. on .................. Alteration .................. Repair ..................;( Removal .................... Demolition.................... Other Work (Describe) ...................................... 4. Estimated Cost ......... ................................Fee .......................................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................Number of dwelling units on each floor ............................ Ifgarage, number of cars ..........A............................................................................................................................. 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 some structure with alterations or additions: Front ................................ Rear ................................ Depth ............................... Height ..............................Number of Stories ........................................ 8. Dimensions of entire new construction: Front .... ............... Rear ........ ............. Depth ...J.5.�...i............... Height .........,/..,/i............ Number of Stories .......I.................... 9. Size of lot: Front ......... .G............... Rear .......,1e.0.......... Depth .............................. . �•=�....���6.Y.............Name of Former Owner 10. Date of Purchase .......Q . . �y 11. Zone or use distri8i iin hich premises are situated................................................................................................. � 12. Does proposed construction violate any/zoning law, ordinance or regulation? '/.................................................... 13. Name of Owner of premises .�14.3.R.4.!.4:. 2... 1/!!VY Add ress/�&-!Vr4y., YA.S..I1a,K.n eYYIA)Phone No f.'!19.7.:0A.R.. y ST9rie•% iName of Architect .A.:.1.14PAA1i.&.......................Address ............................. ..:......... Phone No. .... •.............. It F Name of Contractor ...k...........::.................................Address ..........:`...........::.................... Phone No. .....`............. 3° PLOT DIAGRAM � Locate clearly and distinctly all bildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and bloc bers ar description according to deed, and show street names and indicate whether interior or corner lot. �o RgNs it W eH DEI-E 14,9•fl 41e e. i wc, rel v� & . w ScAiE : 8o'=i„ •'4 STATE OF NEW YO K MArri rocK COUNTY OF .... ( S.S. G�acr� _.... .. ....................... . ...........................being duly sworn, deposes and says that he is the applicant (Name of individual signing ap lication) abovenamed,*le is the ..... 17 ........................................................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all 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 before me this / ...........►e�.�rl da of /..7` 7 ........... � - :...................................... Notary Public, ../...Y. County Signature of app licant) No. 52-6946250• Suffolk 0ou Win Expires March 30, 1944