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HomeMy WebLinkAbout1206 TOV~;N OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOA]~D OF AFFEAL~ Appeal No. 1206 Dated September 16, 1968 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOVWN OF SOUTHOLD A. Reilly & Sons, Inc. a/c James A. & Rose Carleo To Mattituck Park Avenue New York Mattituck, New York 11952 DATE .......09..~.9.~...3,1968 Appellant at a meeting of the Zoning Board of Appeals on Thursday, October 3, 2.968 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 (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Sub~ection ~ .................... paragraph .................... of the Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:00. P.M. (E.D.S.T.)~' Upo~l application of A,. Reilly & Sons, Inc., Mattituok, New York, af~C James A. &Rose. Carleo~ Park Avenue, Mat.t/~Klck, New York, for a variance in accordance with the Zoning OrdinanCes Article III, Section303, and Article X, Section 100PA, for permission~ to divide lot with reduced area and build new one family dwelling. Location of property: south side Park Avenue, Mattituok~ New YOrks bounded north by Park Avenues east by Daniel O'Connell, south by Pectic Bay~ west by M. Laurlno. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (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 variance (does) (does not) observe the spirit of the Ordinance and change the character of the district because SEB REVERSE (would) (would not) and therefore, it was further determined that the requesfed variance ( ) be granted ( ) be denied and that the previous decisi0~s of the Building Inspector ( ) be confirmed ( ) be reversed. --~--~' ZONING BOARD OF APPE~S FORM ZB4 -- ~ha~tmaB ~02[d 0~ ~ea~ Barbara C. After investigation, and inspection the Board finds that the applicant requests permission to divide a lot .with reduced area and build a new one family dwel'ling. The Board finds thare are already two dwellings on the applicant's property, which is approximately 50 feet by 606 feet; approximate area is 30,000 square feet. The zonin9 law requires 12,500 square feet of property for each dwelling. The area would be less than the minimum required for three dwellings~. The Board finds no valid unique or difficult hardship is existin9. The 9rantin9 of the requested variance wou~d depreciate property values, create an~}overcrowdin9 of land, and a99ravate the problem of fresh water supply and sewerage disposal. 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 willchange the character of the district. : Therefore j* it was RESOLVED A. Reitly & Sons,-Lnco, Mattituck, New York, a/c James Ao and Rose Carleo, Park Avenue, Mattituck, - New Y°rk~ be denied permission to divide a lot with reduced fiz~at, ag and, build new one family dwelling.as applied for. Location of property: south side Park Avenue~ Mattituck, New York. and buAld & new one :~a~Lly eh~lAAng, Tho ~ r~s t~e ~e · or e~h ~ll~g. ~ ~oa ~d ~ b88 ~hAn ~ ~ r~ ~ a~rava~e ~he problem ~ ~esh wate~ su~ly ~d ~za~e dis~, · he Bo~d f~nds that strict application c~ the Ordinance w~11 ~ds~p c~ea~d is not ~q~ ~ ~ ~ ~ ~ all p~rt~ ~ ~ t~ ~dlate v~c~ty ~ ~s pretty ~ ~ ~ s~ u~ 'distr~tJ ~ t~'v~e d~s not ob~ t~ sp~it ~ ~ ~ce ~ ~llc~e t~ ~acte~ ~ t~ diskfit. With the increase and extension of ~he beach, the 'high-water" point has been pushed ~vith result that 30-50 more feet been ad~]ed to our plot. of 8t00 ~.H, (B.D.S.T.), upon app~J~at~on of A, le:L3.X~ & ~ 303, nd~i~Xe X, ~ AM, ~ ~~ ~00 LEGAL NOTICE ~Notice of Hearings New York, bounded north by Park Avenue, east by Daniel O~onnell, south by Peconic Bay, west by M. Laurino. 8:20 P.M. (E.D.'S.T.), upon app~i- cat, on of A. Reilly & Sons, Inc., Mattituck, ~lew York a/c P. F. Laur~no, Park Avenue, Mattituck, New York, for a variance ku accord- ance with the Zoning Orflinance, Article III, Section 303, and Article X, Section 1000A, for permission to divide lot with reduced area and build new one family dwelling. Lo- cation of property: south side Park Avenue, Mattituck, New York, ~ bounded north by Park Avenue, least ,by Rose Carleo, south by l~e- conic Bay, west ,by Donald Swahn. 8:30 P.M. (E.D.S.T.), upon appli- cat on of George W Smith & Sons, Pursuant to Section 267 el~ the Inc., Sonihold, ~lew York a/c Ray- Town Law and the provisions o/ mend Melhado, 20 Wendell Street, Heml~stead, ~New York, for a v,ar- the amended ~Build~ng Zone 'Ordin- . . once of the Town of Southold, Suf- lance in acoordance with the Zen- folk .COunty, New Y~rk, public, i,ng Ordinance, Article III, Sectlon!,K, hearings will be held I~l~he Zen-' lng Board of Appea~ of the :Town of '5~ouOhold, at the Town Office, .Mom Road, Soufhokf, New York, on Ock~ber 3, 1968, on the following appeals; 7:30 P.M.v4/~D.S.T.), upon appli- cotton of ~ce M. Wasson and t Irving K~ahn, D/B/A Holl~ngwood . Estates, Peconic Bay Blvd., Laurel, I~ew York, for aplk~'oval of access Ire private road in accordance with the State of New York Town Law Section 2g0A. Location of proper- ty: private road off north side o£ Peconic Bay ~Blvd., Laurel, 'New York, ~bounded north by A. Wilcen- 'ski, east by H. R0manowski-Vau- ~el, ,south ~y Pecoa~c Bay Blvd., west by G. & T. Diachun. ?:45 p.~M. (E.D~.T.), upon appli- catioa ~/ W. Corey and Elizabeth T. AFoert6on, Wells Avenue, Southokt, New ¥ock, for a variance in ac- cordance with the Zoning Ordin- ance, Article III, Section 303, Art- icle III, Section 307, and Art- ~ ss: 306, for permission to build new one l J family dwelling with ~educed front /~,~ .... yawl setback on lot with less than {t~=_~4~..~:~.. ....... beln~ duly Sworn, 12,500 sq feet in area Location of i~ roperty ' corner of ~enny's Road, rint.r and Publisher ~f the SUFFOLK York, boun~ed nor y so.n, east by Helen White, south by -- 's ~)uc~, ,m which the annexed is a printed Wesland Road, west by l~enny Road I ' · ~. ,~ed in the ~aid Suffolk Weekly Times 9:00 p.M. (E..D.S.T.), upon appn-I n of Mrs I~ymond Edwards, carlo ' [ ................................. Sr, Hedge Street, Fishers Island I' ,New York for a special exceptionI . I~g on the . ff.~c.~...~ ....~..~ ~.n accordance with the Zomng Or-I dinance, Article III, Section 300, Iffy.. .... Subsection 5 (c) for permission to ~ ~" erect two family dwelling on lotl..C~.j~ . .~f~......~-~....-~.. with less than required frontage~ .... ~'''_'~' ...................... .and area· ~ocation of property:las .~.7.Z~ private right-of-way, F~hers Is- ~ land, New York, bounded north by ..... 19.~. ~.. Ha~ry Hurlburt and another, east by private read, ,south by private . road, west by West Harbor. ... 9:15 p.M. (EX).S.T.), upon appli- ''' cation of Ernest .Hadford, ,Main icle X, Section 10001%, for per- Road, East Marion, New York, for mission to divide property with re- approval of access to private road duced frontage. Location of prop- in accordance with the State of ' erty: south side Wells Avenue, ,New York Town Law, Section 230A. Southold, lqew York, bounded north Location of l~operty: private road by Wells Avenue, east by J. S. 'off west side of Bay Avenue, East Gradowski, south by Jockey Creek, Marion, /~lew York, bounded north west by R. H. Rothman. *by ~rown, Radfo~ct and Rackett, ~:00 p.iVL (E.D.S.T.), Upon appli- e~t ,by Bay Avenue, south ~y cation of A. Reilly & Sons, Inc., Wa~burn and Marion Lake, west Mattituck, New York, a/c James A. ~by W. Brooks estate. and Rose Carlen, Park Avenue, Mat- DATED: SEPTEMBER 19, 1968 lituck, New York, for a variance in acc~rffance with the Zoning Or-' dinance, Article III, Section 303, and Article X, Section 1000A, for permission to divide lot with reduc- ed area and build ,new one family dwelling. Location of property: south side Park Avenue, Mattituck, Any person desiring to be heard on the above applications should appear at the time and place spe- cified. BY oDER OF THE SOUT~-IOLD ~OWN BOAI{D OF APPEALS ltS27 COUNTY OF SUFFOLK ~ ss: STATE OF NEW YORK t LEGAL NOTICE Pursuant to Section 267 of the NOTICE OF HEARINGS ] Law and the provisions of the amend- ed Building Zone Ordinance of the ,Tow~ of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Read, Southold, New York, on October 3, 1968, on the fol~ lowing appea~s: 7:30 P. 1~f. (EDST)), upon application of Eeatrice M. Wasson and Irving Kahn, D/B/A Rollingwood Estato~ Peconic ]~ay Blvd., Laurel, New York, for approval of access to private road in accordance with the State of New York Town Law, Section 280A. Loca- tion of property: private road off nortl side of Peconic Bay Blvd., Laurel, New York, bounded north by A Wilcenski, east by H. Romanowski-Vaupel, south by Psoonfc Bay Blvd., west by G. & T. Diachun. , 7:45 P. M. (EDST), upon application , of W. Corey and Elizabeth T. Albortsol~ i Wells Avenue, Southold, New Yori~ for a variance in accordance with Zoning Ordinance, Article HI, Sso~tm 303, Article Iri, Section 307, and Ar- ticle X, Section 1000A, for permission to divide property with reduced front- age. Location of property: south side .Wells Avenue, Southold, Ne~ York, bounded north by Wells Avenue, e~ by J S Gradowski, south by Jock~ Creek, west by R. H. Rothman. 8:00 P. M. (El)ST), upon application of A. Reilly & Sons, Inc., Mattitu~ New York a/c James A. and ~ Carlco, Park Avenue, i~attituck, New York, for a variance in accordance with the Zoning Ordinance, Article , Iff, Section 303, and Article X, Section 1080A. for permission to divide lot with reduced area and build new one faro- !fly dwelling. Location of property: south side Park Avenue, Mattituck, New' York, bounded north by Park Avenue, east by Daniel O'Connell, south by Pecontc Bay, west by Laurino. ! 3:20 P. M. (EDST), upon application! i of A. Rellly ,~ Sons, Inc., Mattituck New York a/c P. F. Laurino, Park Avenue, Mattituck, New York, for a variance in accordance with the Zon- ing Ordinance, Article III, Section 303. and Article X, Section I~00A, for per- mission to divide lot with reduced area and build new one family dwelling. Location of property: south side Park Avenue, Mattituck, New York, bound- ed north by Park Avenue, east by Resol Carleo, south by Peconic Bay, west by Donald Swahn. C Whitney Booth, Jr., being duly sworn, says of George W. Smith & Sons, I~c.,!ditor, of THE LONG ISLAND Southo]d, E'ew York a/c Raymond, ~eihado, 30 Wendell S~reet, Hemp- UCK WATCHMAN, a public news- stead. New York, for a variance in ac- cordance with the Zoning Ordinance, Article irt, Section 306, for permis- sion to build new one family dwelling with reduced front yard setback on lot with less than 12,500 sq. feet of area. Location of property: corner of I~eany's .Road and Wssland Road, Southold, New, York, bounded north by Ruth Gibson, east by FIelen White, south by Wesland Road, west by Ken- ny's Road. 9:00 P. M. (EDST), upon application of Mrs Raymond Edwards, Sr., Hedge Street, Fishers Island, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Sec- tion 300. Subsection 5 (c), for permis- sion to erect two family dwelling on lot with less than required frontage and area. Location of property: pri- ~ate right-of-way, Fishers Island, New York, hounded north by Harry Hurl- hold, in Suffolk County; and that annexed is o printed copy, has been ] Island Traveler-Mattituck Watch- for ...... (~.-~.-~. ·..(~. · .~¢w e e I~ ing on the ............ ~...~..' .................. bt* me this ......... ~...Z..... doy of south by private road, west by West¢~..... .... , .~...~ 9:15 P. M. (EDST), upon application of. Ernest Radford, Main Rcad, East Marion, New York, for approval of ac- cess to private road in accordance with the State of New York Town Law: Section 280A. Location of property: private road off west side of Eay Ave- nue, East Marion, New~ York, bounded nm*th by Brown, Radford, and Rack- eft, east by Bay Avenue, south by Washburn and Marion Lake, west by W. Brooks estate. Any person desiring to be heard on the above applications should appear at the time and place specified, DATED: SEPTEMBER 19, 1968 BY ORDER OF T~ SOUTHOLD TOVf/xr BOARD O1~ APPEALS [~f~ires 1~4~rch ~3. 19/' ~7 / The ~Jing time shown Jn the 8ate I/ne on domestic teleg~s ~s L~L TIME at point of or~im Time of r~eJpt is L~ TIME a* point of destination I RDBO07 (SY NDA012} PEDB=ND NEW YORK NY OCT 3 936A EDT= :ROBERT W GILLESPIE JR, CHAIRMAN OF SOUTHOLD TOWN BOARD OFNAPPEALS= TOWN CLERKS OFFICE SOUTHOLD NY= :AS A TAXPAYER AND OWNER OF A DWELLING ON PARK AVENUE IN MATTITUCK MRS KOPF AND I OBJECT TO PERMISSION BEING GRANTED TO BUILD ADDITIONAL HOUSES ON THE PROPERTY OF JAMES AND ROSE CARLEO AND P~ F. LAURINO ON PARK AVENUE IN MATTITUCK,,, WE RESPECTFULLY URGE THE TO DENY THIS APPLICATION.: SINCERELY= :MR AND MRS R C KOPF: BOARD OF APPEALS :iiooA, The filing time sh own in the date llne on domestic telegrams is LOCAL TIMI~ at point of origin. Time of receipt is LOCAL TIME at polnt of destination RDBO06 (P RJA027} NL PD=BACK DATE RESENT=SADDLE RIVER NJER :MR COBERT W GILLSEPIE JR:CHAIRMAN NL 2= SOUTHOLD BOARD OF APPEALS TOWN CLERKS OFFICE SOUTHOLD NY= 'AS AN OWNER OF A DWELLING ON PARK AVE NATTITUCK I OBJECT TO PERMITTING FURTHER BUILDING ON PROPERTY OF J A AND R CARLEO AND P F LAURINO PARK AVE NATTITUCK URGE BOARD TO DENY APPLICATION FOR VARIANCE: ELIZABETH SMEDLEY: I ,RDBO08 {B SNA028} PD=WlLTON CONN OCT 5 {O00A EDT= :ROBERT W GILLESPIE JR~ CHAIRMAN SOUTHOLD TOWN BOARD APPEALS= TOWN CLERKS ,OFFICE SOUTHOLD NY: -AS A TAX PAQER AND OWNER OF DWELLING ON PARK AVENUE OF OBJECT STRENOUSLY TO PERMITTING ANY FURTHER BUILDINGS ON PROPERTY OF JAMES Ab AND ROSE RARLEO AND PIF~ ALURINO PARK AVENUE MATTITUCK NEWYORK AND URGE THE BOARD OF APPEALS TO DENY THE APPLICATIONS= MRS J STANLEY PARKIN= .1102A,. October 3, 1968 Mr. Rober~c W. Gillespie, Jr., Chairman Southold Town Board of Appeals Town Clerk's Office Sou~hold, New York Dear As tax payers and proper~y owners we object to permitting a further buildings en the property of James A. and Rose Carleo, Park Avenue, Mattituok, New York, and P. F. Laurino, Park Avenue, Mattituok, New York. We urge the Board of Appeals to dearths requests cf above named, for a variance in accordance with the Zoning Ordinance, Article Section SOS, and Article X, Section ADDRESS TOWN OF sourHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, lq. Y. NOTICE OF DISAPPROVAL ....................... Y~.t~.tuck .................................. PLEASE TAKE NOTICE that your application dated ................ ~.~.p.~ .......... .~.~ ........ 19..~.~. dwellin- on narrow lot for permit to construct .................... · ................. at the premises located at ................................. ........ .$../.$.......P...a.~k.....A.v., ,? ............................... Street Mattituck Map .......................................... Block ....................................... Lot ................................................. is ]~[~[~[~ disapproved on the followin? ground~ ...~.o..~.a...~....a..r..e...a.....o.f....p..a.~.e...e..]: build Art III sec ~0~ & Art X sec IO00A 0 0 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN.OF SOU,TH~)LD, 'N. Y. : ], (We) ....................... ,. .................................... Name of Appella,nt Street and Number ............................ ,.]~,,,~,t,.,i.~,,U,,C,,~,, .................................................... ,~,.:..Y..? .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~t.~......1.~..~....~9.~.~. ................. WHEREBY THE BUILDING INSPECTOR DENIED TO se Carle, Name of Applicant for permit of Mattituck ~.Y. Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ]~ permit to divide lot and build new one family dwelling 1. LOCATION OF THE PROPERTY S/S Pare Ave "A" dist ~ Street Use District on Zoning Map. Map No. Lot No. Nattituck 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 III sec 30~ & Art X sec IOOOA 3. TYPE OF APPEAL Appeal is made herewith for (~) 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 APPEAL A previous appea~ (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 (Z;) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~ lot i~ about ~0 feet over al'l i~n d®~t~.l with a one family dwelling on the road and another one family dwellimg on the bay. We now ~eed to build a third one family dwelling and prepose to use the middle one third of the lot ( about237 ft) for thia use. ~onn zBx (Continue on other side) 0 0 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulti~ or unneces- sa~ HARDSHIP becau~t ~tere are no houses on either side of the proposed new dwelling. The lot is about fifty (50) feet wide and each lot will be somewhat undersize as to area but will be spaced quite far apart lengthwise. The existing dwellings establish the iuil'ding line as to side lines for the entire length of the lot and the existing driveway will serve %~e new house as well as the existing dwellings. Where the buildings will be separated by such a large distance lengthwise and there are no adjoining dwellings on either side, there will be no problem with the water and sewerage disposal systems. 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicini~ ofthispropertyand in this Use distrlct bemuse t this lot and tho adJoinin on the westerly side are the only narrow lots in the area, having so much dept~. 3. The Variance would obse~e the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ t This is a none family d~elling" area, and there are other lots &n this side of the street which have several houses scattered between the Road and the ~ay~ the proposed dwelling will not change the area's appearance or harm the neighbors in any //~ wa~* STATE OF NEW YORK ) ss C~UNTYOFS'a-Cfo11r ) Sworn to this 16 day or ...................................................... .............................................. . Saint ~8 MARION A. R£GF. NT NOTARy PUBLIC State of New No. 52.32331~0 Su' York dolk Count Term £x~/res l¥[arch 30, pARK ® PECONIC 'Survey for' ROSE CARLEO MATTITUCK To~n of soUthold Surf. ¢~., N.¥ B~ Sca le, I% 8C~ Nov. I, !951' NOTE '~' - .. · · MONUMFNT~ ~ .... ,..