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Home My WebLink About58 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF sOUTHOLD, N. Y. I, (We) ........... ~JName ~)fAPpel~'"'-----""'-'----'"lant ...................................................................................... Street and Number Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT .......... DATED ..~ ..... .il! ...... (.,.~..,~....~... WHEREBY THE BUILDING INSPECTOR DENIED TO e of Applicant for permit o, .............. .......... ............ Street and Number Municipality State PERMIT TO USE ( ) ( ) PERMIT FOR OCCUPANCY Street Use District on Zoning Map ...................................... ................ Az, %, 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 Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (~ A VARIANCE du,e 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) (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 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 (Continue on other side) REASON .FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because*, 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 CHARACTER OF THE DISTRICT because ,? The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ) ss .~'; .............................. COUNTY OF -~/.-'~ ~ )~. ~, Ij Signture ..... ............... I~01~ SOWD~ Notary Public II. lly~ Public, State of N~ Y~ M~g iff Suffolk ~un~ No. 5~-o3~780o ~ ~mmi~s~on Expires ~erch 30, ]~ ~ ~ FOKM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Approved ........................................ 19 ........ Permit No...~......~...../....~... .......... 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 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 application, the Building~ Inspector will issue a Building Permit to the applicant. Such permit shall be k~ept 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 puFpose whatever until a Certificat~e of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuanoe 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 and regulations. / (Signg~fure of applicant, or name, if a corporation) ......... ......... ......................... (Address of applicant) State wheth.er applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ............. ..~..?....A(~ .................................................................................................................... Name of owner of prem~ses.....v ....... .~. .................................................................................................................................... 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 No: ~ .... Lot No: ~ - I Street and Number .2~...~........~.L ..ct..~..~.-. ........ -.~.~.-~. ...... ~'~-~'-'~'"~'"'~"~"~"'"'~'"'~'" "~":'~'~'": ......... / 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 ........ ~...~..~..c-~/,.~././~..~.. ............................................................................................. 3. Nature of work (check which app~able): New Building ..... ~ ........Addit~o~ .................... Alteration .................... Repair ................. .~.Removal .................... Demolition .................... Other Work (Describe) .................... 4. Estimated Cost......~...0,4..~....~..? ..................................... Fee ../...O...c..~... .............................................................................. (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 ........ ./.~....~. ........... Number of Stories ...... ./.. ....... .~ ........ 9. Size of lot: Front ..........~....P...~ ...... Rear ....... J~...~....*/ ......... Depth ....~..O...O......?. ....... 10. Date of Purchase ....... .~..!..~..~ ...... ./..../'...~.i...'.r~.. .......... Name of Former Owner ....~...~ ~/j 11. Zone or use district in which premises are situated ......... ..~......../.~..c~.~..~:i~..'~.'.~ ....................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ..~.~'.'..~. ............................................ 13. Name of Owner of premises~/.,.//'.:..~?.~.~./~. ................. Address,~....~.A'...~......~...~.(.~....A~... ............. Phone NO.~.;~.~.~./[.~. ...... Name of Architect ...... ~.~..../..~.......~ ........... Address ............................................ Phone NO ..................... ~ Name of Contractor~..?..?..~...~...~....~/'~.~..~..~.~.S, ......... Address ..~../J~.~.......z~.~.6V.~. ........... Phone NO ..................... PLOT DIAGRAM Locate clearly ond distinctly all buildings, whether existing or proposed, and indicate oil set-back dimensions from property lines. Give street and block numbers or description according to deed, and show street names ond indicate whether interior or corner lot. ,< --M_ STATE OF NEW Y~J~.I~,~_ ) S S COUNTY OF .~,~..~...c~........) · .... ............... duly sworn, deposes and says that he is the applicant above named. He ,s me .......................................................................................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized t~ perform or have performed the said work and to make and file this application; that all statements contained in ~]~cation are true to the bes~ of his ~owledge and belief; and that the work will be performed in the m~r~ jn the application filed therewith~ Sworn to before me this ~l~ day of ~.~.. 1~ ~6~¢~o~ ~ /(Signature of app cant) ...................... ~ ", ........... ' Nota~ Publ,c, .~...~~....~nfY° ~ ' ~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROV.~L IS~AND ~ ~6¢ ""P (~ COUNTY OF SUFFOLK To..*~ souTHoLD . . ...~c,~. ~-;--~':'_ ...... _ ..J Real Properly Tax Service Agency ,,L~0~ '~ ~. ~,.~ County Cenle~ mST~. I~O ' '~ ~ Riverheod. ~ ,. New York ~c.~ PROP~ TOWN OF SOUTHOLD PROPERTY STREET VI LLAGE OWNER FORMER OWNER~ ~.~f-~') L', 2, RES. LAND SEAS. IMP. TOTAL AGE ~ZARM DATE BUILDING CONDITION RECORD CARD ¢ ACREAGE l, ,F~ TYPE OF BUILDING SUB. LOT COMM. I IND. CB. REMARKS 1) . ,/ ...... MISC. NEW Farm !-illable 1 Fillable 2 NORMAL Acre BELOW Value Per Acre Value -illable 3 Vcodland wampland rushland louse Plot ,*--'***' '~ ., TOWN OF SOUTHOLD '.~,~ ---.,/'-7~ ~ - ...._- ~ =:~ )WNER STREET -'O R/v~R OWNER N,/. VL ~s.,:2/o SEAS. LAND IMP. TOTAL :/0 / 06 /~-~ I ~ :ARM DATE 3¢00 AGE NEW -FARM Tillable Tillable 2 Tillable 3 zVoodland 3wampland ~rushland ' douse Plot Total ,, ,//? ~/?~, BUILDING CONDITION NORMAL BELOW ABOVE Acre Value Per Acre Value PROPERTY RECORD CARD /.,,,, : ^c.. TYPE OF BUILDING ~ ~ , COMM. CB. MISC. Mkt. Value REMARKS ,. 2/" FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK OWNER FORM E/R OWNER RES. LAND 1400 'illable SEAS. IMP. Voodland ~eadowland TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET N S VL. TOTAL !FARM DATE ,/~i~ VI LLAGE W TYPE OF BUILDING COMM. CB. MICS. /~kt. Value I FRONTAGE ON WATER LOT FRONTAGE ON ROAD DEPTH louse Plot BULKHEAD oral OWNER FORMER OWNER RES. LAND SEAS. IMP. TOWN OF $OUTHOLD PROPERTY RECORD CARD STREET ..~ ACR. f S W TYPE OF BUILDING VL. FARM COMM. CB. MICS. Mkt. Value TOTAL DATE REMARKS SUB. LOT AGE NEW FARM 'illable Voodland ~eadowbnd 'ouse Plot ~tal NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per Value Ac re FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK OWNER FORMER OWNER RES. LAND SEAS. IMP. TOWN OF SOUTHOLD STREET Vb ]~ARM ' ''~ I TOTAL [ DATE '~ ,5 0 0 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Noodlond ~wamplond 3rushland -louse Plot 'otol PROPERTY RECORD CARD VILLAGE I DIST'I SUB. ~',,,.,,/ / '~/~' W I TYPE OF BUILDING COMM. CB. MISC. Mkt. Value LOT ,1;". d'.. FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKH~D DOCK NOTIOE OF IlEA/tiNG I~rsuant ~o ~ retirements of s~tlon 2~ of ~e ~ ~w, a public hear~ ~d of A~ of the old, at Joseph 'on a ~rtvate r~, ~t, ~ pe~n d~ ~ ~ ~e~ on the ~e a~on ~o~1~ ~ at the t~e ~ A~ 11, 1~, by o~ of ~e~ Z~ng ~rd of Ap~ of ~ of[ [ COUNTY OF SUFFOLK I STATE OF NEW YORK ~ ss. Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed [sa printed copy, has been published in said Long Island Trave]er-Mattituck Watch- man once each week for ' ' ' · .,. ...... , ....... . ...................... weeks successively, commencing on the .............. ....,.t ........ :'. ....... day of "i:'~-"-Z'-~:'--t.."~ ......... 19 ........ ' : ~...~.~.f.:.~.../(.... -- [/ ~: ,~ , .......... Sworn to before me this ........... : ............ day of ....... '. ~'.., ....,.,.,~, ....... 19.:~,..:. Mr. Joseph Stern Orient, N.Y. Dear Sir~ There will be.a p~blic hearing_uponyour application for recognition of access, held by the Zoning'Board of Appeals at the Town Clerk's Office, Main Road, Southold, N.Y. on April 2~, 1958 at ?~3OPM (preVailing Time). Yours truly ! Building Inspector LEGAL NOTICE Notice of Hearing Pursuant to the requirements of section 280-a of the Town Law, a public hearing will be held by the Zoning Board of APpeals of the Town of Southold, ~t the Town Clerk's Office, Main Street~ Southold, N.Y. April 2~, 19%8 at ?:30 PM upon the application of Joseph Stern for recognition of access on a private road, 0rient,N Any person desiring to be heard on the above application should appear at the time and place above specified. Dated April 11, of Town of Southold. Howard Mi Terry~ 19%8, by order of th~ Zoning Board of Appeals Building Inspector. 4pril 17,1958 Please publish once,and forward the affidavit of publication immediately to the Building !nS~P~ct.~r. Thank you Minutes - Board of Appeals April 25, 19.58 A regular meeting of the Soutbold Town ~oard of Appeals '~as held at ?:30 inthe To~n Clerk's Office, Southold, New York, on April 24, 19~8. The~e were present: Messrs. R.W. Gillispie, Jr.; Chairman, Robert Herbert Rosenhargand Charles Gri~onis, Jr. PU]~IO H~ARING: Appeal No..58 - Application of Jeeeph Stern, Main Road, Oriemt, N.Y., for a variance to the Ordinance under Section 280a of the State of N.Y. Town Law, due to lack of access to property. The location of property: 209~ x 600' on a private road, North side of ~in Road, Orient, N.Y. Chairman opened the hearing by reading application, letter to applicant advising of date of hearing, and copy of legal notice of hearing with affidavit attesting to publication of same in the Long Island Traveler-MattituckWatchman. There b~ing no one present to s~eak either "for" or "againt" this appeal bard studied the application and one of the members stated he had visited the location during the past week and found the privets road in question to be in very good condition. It was the determination of the ~oard that this road had been used for many years and is the only access to the applicant's property. At was further determined that the variance requested would observe the spirit of tbs Ordinance and would not change the character of ~he district. ~oard unanimously granted the appeal. Min,xtes of the April l?th meeting were read. On motion duly made by Mr. C, ergen. · econded by Mr. ~rigoni~, ana carried, minutes were approved. Discussion was held regarding amendments to the Ordinance, particularly in regard to "M" Multiple Dwelling amendment. Next meeting of the tMard has been scheduled for ?hursday evening, M~y 8, 19.58, at ?:30 P.M. ~here being no further business me,ting adjourned at 9:4% P.M. Respectfully sugmitted, ~race ~. Meyer Secretar~ APPEALS BOARD MEMBERS Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOI-D, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516} 765-1823 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3860 Matter of DR. PAUL AND ELLEN MITCHELL. Variance to the Zoning Ordinance, Article III A, Section 100-30~A.3, and 280-A Access for Right of Way, for permission to construct a single family dwelling with insufficient front Yard setback in this R-40 Zone District. Property Location: 1015 Munn Lane, Orient, County Tax Map No. 1000, Section 017, Block 02, Lot 08. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of DR. PAUL AND ELLEN MITCHELL, under Appeal No. 3860; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road 25, Town of Orient, and is identified on the Suffolk County Tax Maps as District 1000, Section 017, Block 02, Lot 08. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30A.3, 280-A Access of Right-of-Way, for permission to construct a one family dwelling, with insufficient front yard setbacks. Page 2 - Appl. No. 3860 Matter of Dr. Paul and Ellen Mitchell Decision rendered October 12, 1989 3. Article III A, Section 100-30A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations wee set forth herein in full. (A) 280-A Access of Right-of Way. 4. Subject premises for the proposed dwelling is known and referred to as being on 1,3756 Acres, the proposed house, with decks and catwalk will be 5,890+- sq. ft., the proposed location of the house will be 40+- ft. away from the west Property line, 15+- ft. from the north property,line, 115+- ft. from the south property line, and 165+- ft. from the high water mark. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed one family dwelling in any other location on the premises will require other variance relief; (c) that the area chose for the dwelling is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3860 Matter of Dr. Paul and Ellen Mitchell Decision rendered October 12, 1989 RESOLVED, to GRANT a Variance in the matter of the application of DR. PAUL AND ELLEN MITCHELL as applied under Appeal No. 3860 for the placement of a one family dwelling with setback and a 280-A access Right-of-Way, SUBJECT TO THE FOLLOWING CONDITIONS: ~ 1. That within the findings of the Board that it is our understanding that the Department of Environmental Conservation (DEC) and the Town Trustees are dealing with the erosio~ control aspects of this construction, and we suggest that all possible precautions be used in the construction of this one family dwelling. A. Setback for the one family dwelling as shown on Site Plan, By Garrett A. Strang, Dated 3/28/89 B. It is understood that the erosion control aspects of this project have been mandated by the other agencies of the Town and the State, however, it is the suggestion of this Board that a retaining wall may be deemed necessary on the side of the proposed dwelling that is closest to the property line (15') sideyard, and that the distance of this wall not exceed the distance of the dwelling. 2. 280-A, Access be granted from the unpaved access to the edge of the property line, a distance of approximately (525'+-), subject to the following improvements: (a) after construction a minimum of 2 inch 3/4 stone blend at a minimum width of eight feet and a suggested width of ten feet, after completion it is to be inspected by Members of the Zoning Board before a certificate of Occupancy (C.O.) is granted for the property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio (Absent was, Joseph Sawicki and Serge Doyen, Fishers Island). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN MA /N I~OAD 3O io* NIOIF GERTRUDE VA~. ~ yER (s./~. 25) AF~EA = l.$756acres (TO TIE LINE) SURVEY OF PR OPER T Y A T ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000- 17- 02- 08 Scale 1" = 20' Dec. 2, 1988 LIC. NO. 49618 MAI~ SOUTHOLD, N K 11971 88 - 693