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HomeMy WebLinkAbout1234 TOWN OF 80~/I'HOLD, NEW YORK DATE March 13, 1969 ACTION OF -i'~ ZONING BOAP2D OF APPEAI~ Appeal No. 1234 Dated Febl~la~y 26, 1969 ACTION .OF THE ZONING BOARD~OF APPEALS OF THE TOWN OF SOUTHOLD Georgla C, Fox To 1320 FOX Road Or/.ent s- New York Appellant at a meetin/ o! the Zoning Board ef Appeals on Thtu:sdays M-arch 13, 1969 waa considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to l~roperty ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the aopeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a ~ccial exception ( ) be ~ranted ( ) be denied pussuant to Article .................... Section .................... Subsection ..... ; ........... ~.. paragraph .................... of the Zouln~ Or~in,nce. and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7 :45 p,M.(E;$oT.)s Upon application af GeOrgia C. Fox~ lB20 Fox Road, Orient, New york~ fo.r a variance in accordance with the Zoning Ordinance~ Article III,-Sectio~ 303S Artlcle Ks SectiOn 1000A, for permission to build new.one family dwellln9 with red,ced frontage and a rea, and for approval ~f access in accordance wlth'fh~-State of New York Town Law~ Section 280A. Location of property: right of way off west side of Village Lanes Orients New Yorks bounded north by A. Younie, east by Oyster Ponds Historical Society~ south by AoM. Van De Waters ~est by Orient Harbor. ~ 2. VARIANCE. By resolution of the :Board it was deter-mined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because ~ ~ (b) The hardship created (is) (is not) unique and (would) (would not) be shard 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 Ordinanc~ and (would) chan~e the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be cleuled and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 Barbara E , Dittmann~ Secretary After investigation and inspection the Board finds that the applicant request~s per-mi~ion to b-~ a new one f-m{ly dwelllng with reduced frontage and area, and for approval ~f access to private right of way. The Board finds that the access in question is accessible to all emergency equipment. The Board also finds that the lot in questlon~ has been held in single and separate ownership by the applicant prior to the enactment of the Zoning Ordinance. In general, th~ Board is in agreement with the reasoning of the appl ic ant. The Board finds that strict application ~f the ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be share~d by all ~ropertles alike in the immediate vicinity ~ this proper~y ~nd iathe ~ame use dzstrxct; and the variance would Observe the spirit ~f the Ordinance and wOUld not change th~ c~araCter~f the distrlct~ - '~ TH~R~O~B~'IT WAS P~B$OLVBD that GeOrgia C.. Fox, 1320 FoX Road, Orient, New York, he granted approval ~f access to private right of way, and granted permission to build a new one family dwelling with reduced frontage and area, as applied for, on property located right of way off west side of Village Lane~ orient~ New York. There shall he no front yard or rear yard variances 9ranted for this property. Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the Town of Southold, Suffolk County, Ne~ fork, public hearings ~ill be held by the Zoning Board of Appeals of the To~n of Southold, at the To~n Office, Main Road, Southold, New York, on March 13, 1969 on the following appeals ~ 7~30 P.M. (~-.S.T.), u~on application of Leo steedle, 3 Krobel Court, Baldwin, Ne~ York, for a variance in accordance with the Zoning Ordinance, Article ~II, Section 305, for permission to build new one family dwelling with reduced front yard setback. Location of property~ west side of private right-of-way off south side of Street, Orient, Ne~ York, bounded north by Charles Krull, east by James Douglas, south by James Douglas, west by Or ient Harbor. 7=45 Fox, 1320 Fox Road, Orient, New York, aocordence with the Zoning Ordinance, P.M. (~..S.T.), upen application of Georgia Co for a variance in Article IIIe Section 303e Article X, Section IO00A, for permission to build new one famlly d~elling with reduced frontage and area, and for approval of access to private right-of-way in accordance with the State of New York Town Law, Section Legal Noti¢ Wage -3- Location of property: west side Ole Jule Lane and west side Channel Lane, Mattituck, Ne~ York, bounded north by Channel Lane, east by Ole Jule Lane, south by Colette Rlvolta, west by canal. Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: FEBRUARY 27, 1969, BY ORDER OF TI~E SOUTHOLD TOWN BOARD OF APPEALS PL~-~SE PUBLISH ONCE, MARCH , 1969, A~D FORWARD MIX (6) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD ~ BOARD OF APPEALS, MAI~ ROAD, COPIES mailed to the SOUTHOLD, N~.~ YORK. following on February 1969.' The Long islan~ Traveler-Mattituck Watchman The Suffolk ~eekly Times Leo Steedle George ~hlers Georgia c. Fox Shirley Saland Julius Zebroski SOMEONE SHOULD APPEAR AT THE HEARING LEGAL. NOTI~ E ~otice of Hearings ~ursuant to Section 267 Town Law and the~ provisions o~ the amended Building Zone '~n- anco of ~e ~ of ~u~old, Suf- folk Count~, New Y~k, p~lic hearings will be held b~ the Zon- ing B~ of Appea~ of the of ~u~old, at ~ Town Office,~ Main R~d, ~u~oM, New York, on~ March 13, 19~, on the following~ appeals: .7:30 ~.~M. (~.S~.), upon a~lica- ti°n ~f ~ St~e, 3 Kr~el Court, Baldwin, New York, f~ a vari~ce in ack,anco ~ ~ ~ning di~nce, A~cle III, ~cti~ 305, for ~is~on to build n~ o~ ~mily ~e~g wi~ r~ f~nt ya~ set,ck. ~ation of pro~rty: west ~de of priva~ ~ght-~-way off ~ side of K~ Street~ ~ient, New York, ~und~ nor~ by Charl~ K~ll, ~ by Jam~ Do~- las, ~uth by J~ ~ug~s, west by ~ient Hater. 7:45 P.~. (~.S.~.), u~n applica- tion of ~rgia C. Fox, 1320 Fox i ~d, Orient, ~ew York, for a vari- a~e in accordance with ~ Zon- ing Ordinance, A~icle III, Section 30~, ~cle X, ~i~ 1000A, for pe~i~i~ to buil~ n~ one fa~]y dwell~g with reduc~ frontage and area, and for a9p~va~ of a~ss to private right-of-way in accordance ~th ~e State ~f ~ew York ~n ~w, ~cti~ 280A. ~ation of p~rty: right-of-way off west side of Village ~ne, O~ient, New Y~rk, ~u~ no~h by A. Yb~e, east by ~r Ponds .His~rical ~iety, ~uth by A. ~. Va~ De Wa~, by Orient Har~r. 8:00 P.~. (E.S.T.), u~n applica- tion ~f Shirley Saland, Malu Road', Mattituck, N~ York, for a s~ial exc~ti~n in a~rdance with the ~ing Ordi~nce, A~c~ III, tion 300, Subs~tion 5 (a) for per- mission to ~vert ex,ting ~build- ~ng in~ ~o family dwelling. cation of pr~erty: ~u~ ~de .Main Road, Mattituck, N~ York, bo~d- ~ north by M~ ~d, ~ by F. Side, and Bflla~, ~th by Matti- tuck ~ and Sidor, west by Martin FiCa. 8:15 P~. (E.S.T.), u~ applica- ~on ~f ~irl~ ~land, Main Matfituck, ~ York, for a valance in accordance wi~h ~he Zo~ng Or-' ~ance; Article I~II, Section 303, Article X, ~t~n 1000A, for ~er- mi~i~ to ~e% off ~t a~d d~elSng with le~ than ~uir~ Iron,ge. ~en of pr~ty: ~u~ side M~n R~,~, Ma~tuck, ~ew York, ~ no~h by Main R~d, east bY ~ank ~idor e~ BiHa~ ~ by Mattituck ~ and Sidor, west by Ma~ ~lla. 8:30 ~.M. (~.S.T~.), u~n applica- tion of J~i~ Zeb~ki Bayview ~ ~u~old, ~ew York, for a varian~ in a~o~ce wi~ the ~g ~dinance, A~ticle III, Sec- tion 303, A~icle X, ~ti~ 1000A, ~r ~i~ ~ u~ lot with in- s~ficient f~n~ge on public st~t. ~ti~ of pr~pe~y: ~t side Ole fiUle ~ and we~ side C~a~nel ~e, M~t~tuck, New York, bound- ~ n~r~ by C~el Lane, east by Ole J~le ~e, ~uth by Colette Rivol~, west by ca~L Any person desiring ~ be heard on the a~ve applications should ap~ar at the t~e and place spe- cified. DA~: F~RUARY 27, 1969, BY ORDER ~ T~ SOU~OLD TO~ BOARD OF ] tM7 COUNTY OF SUFFOLK, ] STAT£ OF NEW YORK, ~ ss: Sworn, says that . .~'J.'. is Printer and Publisher of ~e SUFFOLK WEEKLY TI~ES, a news~per pub[ish~ at Greenport, in ~d county; and ~at the noti~, of which ~e ~e~d is a printed ~py, has ~en published in the ~id Suffolk Week~ Times once in eech week, for ...... ~.~. ............... week~ suc~ssiwly commencing on ~e .~~ Sworn to before me this .~.~.~.- .... ~ ~ Catty, ~ew York, public of ~uthold, at the Town~ ~ ~, ~uthold, New ~ ~n ~rch 13, 1~9 on the i ~ ap~a~: ~w ~e family d~l~ ~uc~ front y~d ~t~ck. ~ ~ in ~an~ ~h ~!~ ~, A~cle ~u~ fron~ge ~d a~a. [ Y~e, ~t by ~s~r Pon~ York, ~und~ uo~ ~ ~d, ~t by P. ~dor, and ~ ~d ~d~, w~t ~ ~ ~, ~cle IH, ~ t~, for ~ ~ ~ off~ ~ dwel~g with 1~ t~nt ~: ~uth ~de M~ ~,~ ~ck, New ~ork, ~d~ by ~ ~, ~t by ~ ~or ~d B~, ~uth COUNTY OF SUFFOLK ) STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-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 mraveler-Mattituck Watch- man once each week for ..... o.7.~. ....... week~/ successively, commencing on the .................... .~-? ................ day of ......... ..//../.~_;. ~,~.. ~7/,~....., .¢' Sworn to before me this ..... ~f.../~.'.i ........ day of ......... . ............ l~otary Public / 8:~0 PJ Mi (F,~T), upon applt- eat/on of Julius Zebraski, Bay- view Road, 8outhold, New York, ~or a variance in accordance with ~ Zoning Ordinance, Article III, ~ection 303, Article X, Section' I~0A, for permission to ttse lot[ wit~ i~sufficient frontage on ~ street. Location of prop- ~'1~,: west side Ole Jule r~ne ~d west side Channel Lane, ~gattituck. New York, bonnded[ m)rt, h by Channel Lane, east Ole Jule Lane, south by Colette~ l~Avolta, west by canal. ~uy person desiring to be heard on ~he above applicat/ons ii,auld appear at the ~ime and ~ specified. SOD*r~tOLD TO'tN BOAi~D O]~ APPEAL~ , be erected or ~tered on a lot having a fro~ntage of less than one hundrcd (IOQ) feet. PROVIDED that, In case of a lot held in single and separate ow~ership at the c~Iective date oI this Ordinance, having a total depth of less than one hundred ~I00) reef, a s!ngle family dwelling may be built thereon wilh a rear yard :of les~ than twe~ty-five (25) further that !n no case shall the rear ~0 m'mm,(a,,dMiq zmmpmom), Xt !,~ m ~ ~,mmvm3, ~m~ ft. TOWN OF SOt~-rI-~OLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ...................... F...e..b.. ............. .2.6.. ................. 19...6..~.. ................ 1320...F. ox..~a~d ............................... ......................... O~.l~n.~ ....................................... PLEASE TAKE NOTICE that your application dated ................ ..F..e...b. .......... ..2..~.. .......... 19..~.~.. for permit to construct ..... d~l.~;~q.§ ............... at thc premises located at ......... ]~.J0...W.. .......... ....0,.f..,f.,...~../.S......V..i...1...1..a..g..e.....L..a. ........................ Street Orient Map .,,.~ ............................... Block ............ .x...x. ...................... Lot ..... ~ ...................................... is ~li~l;~~d disapproved on the followin? ground,~ ...... .U...s..e,....q4q...d..qr...s,,~.z...e....~.9..t.. ..... ...... and..aCp~.~a L.~ £...a c.c.e s.s.. ,~n...ma...a.e.~r.~.v.e~.. 2i g~h.1;...~ £....w. oy. ..................................... ........... kz~.t...I~I...sac....~0.3.. &.~kr.t..X...s.ee.....1.~,.OOa...&..S.e.e.t,:kon..2~O&.... ~o.~rn..,.L. aw ........ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appella,nt Street and Number .................... .0...~.~..~..~.~. .......................................................... New ............ York.... .......... . ......... ~-II:RFF~Y APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ................ .~.~...~....~....~.....'.~..~... WHEREBY THE BUILDING INSPECTOR DENIED TO ~) ( ) ( ) SUE Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE ~.~ s'~ngle ~1ot~ ~-'~¢1 bui].~J PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..... Naet;..Ba~'.._~.~.enlze ............ ,,~e.al.~l,^...?.~k.~...,~,~.~.., ........ Street Use District on Zoning Map Iv'tap No. Lot No. Orient, New York 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.) Art III~ ~ec. 303 & Art ~ Sec IO00A & Access Sec 280A Town Law 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Artl 16 Sec. 280A Subsection 3 ' . 4. PREVIOUS APPEAL A previous appeal:~Z~l'~t(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 (lC) A Variance to the Zoning Ordinance ( ) is requested for the reason that : We h~tve owned pz'ope~t~ ~i~oe 1~)45 ~'~d ~,w wish to build a one family dwelling. ~orm ZB~ (Continue on other side) REASON FOR APPEAL O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because .. The land has been in separate ownership since 1945 and it is on a private right of way which has not been offielally approve, d for aceess. 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 .* The property is a single narrow let on an unapproved private right of way. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because .* biost of the dwellings have been established for many years on this right ofway. The proposed dwelling will be of similar type and use , so will not harm or change the character of the neighborhoed. .r and from Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: ~///~d~' xTx~ Memorandum for the File Re: #1234 - Georgia C. ~6~ 1000-24-2-10 Fox Paul Caminiti, Esq. inquired as to whether there were any applications or Board actions subsequent to the above appeal which may have voided or terminated the 1969 variance. No other applications for this property for a termination or otherwise was found. Mr. Caminiti was informed of the above and was told that improvements to the right-of-way may be necessary and additional ZBA review since the 280-a was done based on the condition of the right-of-way in 1969. Mr. Caminiti also indicated that there was no other lots in common ownership since 1969 which might affect this parcel after 1969. He said he was going to inform the parties that the area variance has not been voided, revoked or terminated per town records. randum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: To: Memorandum for the File From: Linda Kowalski Re: Appeal No. 1234 - Georgia ZBA Action of 3/13/69 6/11/85 C. Fox Received telephone call this afternoon from Edward Smith inquiring about the particulars in the above file and what was considered and approved by the board. Explained to Mr. Smith that it appeared that three variances were granted, however, if he wished, we could discuss this with the board for a clarification. The relief sought and approved to the best of my knowledge after examining the file and survey submitted with the application are: reduced area of lot which did not meet 12,500 sq. ft. req'mts. reduced frontage of lot which did not meet 100 ft. frontage requirements along road; approval of access over private right-of-way for the construc- tion of a one-f~mily dwelling (which will meet all other zoning requirements since no relief was sought as to frontyard setback, etc.). Also indicated setback requirements of today for a new dwelli · 35 or established front, ~¢o1¢ 40'= I '~ IV~Ap OF P~O?£RT/£$ '~ ~ o F \~ DEANE KN©X FOX ,~ ND G-FOF~ G I/~ C ,~ ~.~F. Fox