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HomeMy WebLinkAbout1302 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONIMG BeAIrD OF APPEALS Appeal No. 1302 Dated November 3, 1969 (rehearing on Appeal No. 1292) ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Harry & Evelyn Seams Route 25 Orient: Hew York at a meeting of the Zoning Board of Appeals on Hovember 13, 1969 was considered and the acflon indicated below was taken on your tX) Request for variance due to lack of access to property. ( ) Request for a special exception under fhe Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) DATENQ~ 13,1969 Appellant the appeal 1. SPECIAL KXCEPTION. 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 9:00 P.M. (E.S.T.), a rehearing on Appeal No. 1292; upon application of Harry and Evelyn Mearns, Route 25, Orient, New York, for approval of access to private road in accordance with the State of New York Town Law, Section 280A. Location of property: private right-of-way off north side of Route 25, Orient, New York, bounded north by' land of applicant, east by Deidrick, south by Hess, west' by Brown & others. 2. VARIANCE. By resolution of the Board it ~vas determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE 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 RE~KSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) 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. FORM ZB4 SEE REVERSE ZONING BOARD OF APPEALS e, Secretary Southold Town Board of Appeals After inveStigation and inspection the Board finds that the applicant requests permission for approval of access over private right-of-way in accordance with the State of New York Town Law, Section 280A. Previous appeal was made and approved at the last meeting ~ubject to the approval of Mr. Deidrick on whose Property the right-of-way was to be re-located. Since/that time Mr. Deidrick has decided that he does not wish to re-locate the right-of-way on his property as plann~. The applicant now proposes to have a right-of-way 16½ ft. in width and 100 ft. in length running on, his northerly property line. This proposed right-of-way will intercept the existing right-of-way (Deidrick's) on both sides, therefore the Board feels that is is not necessary to improve the right-of-way the entire 100 ft. length. 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 the immediate vicinity of this property and in the same use district; and the variance will not change the character of the district and will ~bserve the spiri,t of the ~rdlnance. THEREF~E, IT WAS RE.SOLVED ~H~rry & Evelyn Mearns,~ R°U~e ~51 Orient, New YOrk, be GRANTED approval o~ access to private =oad kn accordance With' the State of New York TOwn Law, Section 280A as applied fo~ on property located off north side of Route 25, Orient, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. Os4S P. IL CB.S.T.). Ulmm IqtlGleatJ4,n ed Olnoa of ps'qmartyi m oidn of m Bond (cu,.j?). phoenix. ~ M. bouldod mbr m leBd rcm3';), eaft by fury Turner. m by Isid~3~, IfUlLl~, YES*. by Poeeuie Lum. GAL NOTICES TICE OF HEARINGS rant to Section 267 of the Law and the provisions of .ended Building Zone Or- ~ of the Town of Southold, County, New York, pub- tings will be h~ld by the Boal~l of Appeals of the f Southold, at the Town Main Road, Southold, ,rk, on November 13, 1969 following appeals: '. M. (EST), upon appli- i Lefferta P. Edson, Exe- the Estate of Kaspara ler, 51755 Main Road, , New York, for a vari- accordance with the Ordinance, Article III, ~03, and Article X, Sec~ ~A, for permission to set with insufficient area. of property: southeast f Fleets Neck Road and ~r Avenue, Fleetwood ~p No. 1263, Lot No.'s 13, , Cutchogue, New York. '. M. (EST), upon appli- )f Mr. & Mrs. Russell New Suffolk Avenue, :k, New York, for a vari- ~ccordance with the Zon- inance, Article III, Sec- and Article X, Section n' permission to set off h insufficient frontage. of property: north side r Street, Mattituck, New )unded north by other applicant, east by A. ~o & others, south by ,treet, west by Wilshusen L · M. (EST), upon appli- ,f Relmut Haas, Beverly outhold, New York, for ,1 exception in accord- h the Zoinng Ordinance, C. Section 1007, Subsec-! (e), for permission to[ ad re-cm~struct existingl arming building in ex-i /alum Location of prop-] lth side of North Road 7), Pecoinc, New York,[ north by North Road! ), east by land of YIub-I )uth by lands of the ~f Suffolk, west by other i the applicant. · M. (EST), upon appli-i ! Henry J. Smith, Robin- I ~d. Peconic, New York, oval of access over pri- nt-of-way in accordance e State of New York aw, Section 280A. Luau- property: we~t side of ~venue, and east side oi Lane, Peconic, New ,unded north by L.I.R.R., Carroll Avenue, south by, 8:15 P. M. (EST), upon appli- cation of Irene pn~q, Sound Ave- nue, Mattituck, York, for a variance in acco~..~nce with the ZonJlkg Ordina~zc'e, Article Section 303, and Article X, Sec-COUNTY 0~ lion 1000A, for permission to set off lute with insufficient front- STATE O~ NC~V YORK age. Location of property: ~outh side of Sound Avenue, Mattituck, New York, bounded north by Sound Avenue. cast by Walter L. Williams, south by Railroad, west by Agway Inc. 8:30 P. ~I. (EST), a rehearing on Appeal No. 12~3; upon appli- cation of Richard and Marjory Mallory, Faro]lng Road, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, for permission to locate private detached garage in sideyard area. Location property: north side of Fanning Road, New Suffolk, New York, bounded north by George Tuthill, east by J. Mlynerzyk & others. south by Fanning Road, west by A. Tonacsi. $:45 P. M. /EST), upon appli- cation of James Kavanagh D/RJA Creacent Beach Motel, Route 25, Greenpert, New York, for a special exception in accord- ance with the Zoning Ordinance, Article rtl, Section 309, Subeec- lion 10, for permission to re- locate existin~ off-premises di- rectional sign on property of Emil PupeckL Location of prop- erty: south side of North Read (C R 27), Peconic, New York, bounded north by North Road (C R 27), east by Mary Turner, south by Sidney Warder, west by Peconic Lane. 9:00 P. M. (EST), a rehearing on Appeal NO. 1292; upon appli- cation of Harry and Evelyn Mearns, Route 25, Orient, New York, for approval of access to private road in accordance with the State of New York Town Law, Section 280A. Location of property: private right-of-way off north side of Route 25, Orient, New York, bounded north by land of applicant, east by Deid- rick, south by Hess, west by Brown & others. 9:15 P. M. (EST), upon appli- cation of Richard Nagy, ~arrow Rlvee Road, Orient, New York, for u variance in accordance with the Zoning Ordinance, Article I/I, Section 303, and Article X, Section 1000A, for permission to divide lot with less than 100 ft. frontage. Location of property: west side of Harbor Road, Orient, New York, bounded north by land of Nelson Douglaa~ Estate, east by Harbor Road, south bY i Harold Dadson, west by Orient Bay. Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: OCTOBER 23, 1969 BY ORDER OF THE SOUTHOLD TOWN ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southotd, in Suffolk County; and that the notice of which the annexed is a printed copy, has been ~ublished in said Long Island Traveler-Mattituck Watch~ man once each week for ..... .~.L,.--~....~.~,L: ...../....~..... week~ successively, commencing on the ................. ¢~,-: ....... : .......... day of ........... ...... , ........................ .......... Sworn to before me this ........ .~...a ......... day of ........... ......... FRIDAY, NOV~.,MB~R 7..1969, LEGAL NOTICE Notice of l-/earings Pursuant to Section 267 o£ the Town L~w and the provisions ol the amended Building Zone Ordin- ance o£ the Town of Southold, Suf- folk County, New York, public hearings will be held by the Zon- ing Board of AppeaLs of the of Southold, at the Town Main Road, Southold, New York, .November 13, 1969 on the £ollowin appeals: I-' .30 P.M. (E.S.T.), upon applica [don of Lefferts P..Eds~, Executor of the Estate o~ Kaspara E. M~der 51755 Main Road, Southold, New York, lor a variance in accordance w~th the Zoning Ordnance, Article I~I, Section 303, and ~ticle X, ~ts with insufficient area. ~ation · property: southeast corner Fleets ,X~k R~d and Stillwat~r Avenue, Pleetw~ 'Cove Map ~o 1263, Lot No.'s 13, 14 & 15, Cu~h- ogue, New York. 7:40 p.~. (E~.T.), upon applica- ~ t~n of Mr. and Mrs. R~ell Tuthill ~ew S~olk Aven~e; Mattituck, , New York, for a variance in accord- ance wi~ the Zoning Ordnance, ~A~cle H{, S~tinn 303, and ~ti'cle X, Secti~ 1000A, for ~ss~n ~ ~t off lo~ ~th insufficient ~on~ge. ~a~on of property: nor~ ~de of ~ter S~et, Matti~ck, ~ew York, ~ded no~h by o~eP ~nd of ap- p~nt, e~t 'by A. ~ona~to & oth- ers, ~u~ bY ~n~r Streei we~ ~y w~ & o~. 7:50 p~. (E.S.T.), u~n ~plica- tion ~ Helmut Ha~, ~verly ~old, N~ York, ~r a sp~i~ e~epfion in a~ with' ~ ~g ~n~, ~e X, S~- ex~ n~~ B~.h (~), P~, ~ Y~Un~- ~ ~ by No~ R~ (~7), east o~ t~ Co~ty ~ ~ w~t by 8:~ ~.~ (E~.T.), ~o~ o~-wa~ i~ acc~ with ~e S~ ~ ~ y~k Tow~ ~w, S~- ti~ 280~. ~ ~ pr~:~ New Yov~ ,bo~ed ~r~ hy L.LR.R., eas~ by Carroll ~venue, svuth by Lindsay, Smith & o~ers, ~west .by Peco~c La~ 8:15 P.M. (E.S.T.), u~n tion of Irene ~ord, Sold Aven~, Mat~uck, ~ew York, for a variance m accor~ce ~i~ the ~ni~ ~- die,ce, ~ticle III,~ ~ction 303, and ~'t~ X, S~ti~ 1000A, for per- mis~on to set off lo~ wi~ ~snffi- ~fituck, ~New Yo~ ~ed ~th by Sound Avenue, e~s~ by Wa~ter ~ ~ W~i~, ~uth ~ ~o~, ~e~ ~y ~gway Inc. ~30 P.M. (E.S.T.)~ a. r~ ~ ~ ~eal ~No. 1273, u~ ~a~ ~ ~ ~c~rd and Mar~or~ Ma~,, ~ Road ~e~ Su~lk,, Ne~ Y~ ~ 1 I.f?r a v~riance in accordance with ~n? .Zoning Ordinance, Article III, .~_~. ~ ...... being duly Sworn, o~ct~on 300, Subsection 6, for per- ' mk~ion to locate private [garage in sideyard area. Printer and Publisher of the SUFFOLK of property: north side ol Fanni lewspaper published ~it Greenport. in said Road, New SUffolk, New bounded north by George Tuthill, noti~, of which the annexed is ~ printed east ~by J. Mlynerzyk & others, south by Fanning Road, west by A. Tonacci. in the said Suffolk Weekly Times 8:45 P.M. (E.S.T.), upon applica- f~r ....... ~.~.l.g~ .............. weel~ tion of James Kavanagh D/B/A Crescent Beach Motel, Route 25, .llcing on the .. .~.~;~ ......... Greenport, New York, for a special exception in accordance with ~he ~.. 1~. Zo~ Ordinance, Arti,cle III, Sec .... tion 300, Su,bs~tion 10, for ~ermis- ~. ~ ~.. ...................... sion to re-l~ate existing off-pre- mis~ dir~t~nal sign on ~roperty le this ' '~' of ~mH Pupecki. L~ation of prop- :~.. 19~. e~y: south side of No~h R~d (CR- north by ~orth Road (CR27), east ~ ~ · ~ ........................ ~by Mary Tm'ncr, south by Sidney ('~ ~+~.~ .... W~ler, west by P~onic Lane. '~ ..... 9:00 p.~. (E.&T.) a reheaNng on Appeal No. 1392, ~pon application of Harry and Evel~ Mearns, Route 25, Or~nt, New York; for approval of acce~ to priva~ r~d in ance with the S~te of New York T~n Mw, S~on 280A. ~ation of ~roperty: private right-~-way ~ north ~de of ~ute 25, ~i~t, w York, b~nded no~h by ~nd of applicant, ~st by Dei~iok, s~ by H~, west by Brown & 9.15 P~I. (E.S.T.), upon applica- tion of Richard Nalt~,, Narrow River R~id, Orient, ~ew Y~k, for a vari- ~ee in accord~ce wi~ the Zo~g ~nance, ~ficle III, ~ti~ 3~, and ~icle X, ~ 1000~ for ~ion to ~vide ~t ~ 1~ ft. ~on~ge. ~afion P~ we~ ~ of H~ ~nt, N~ York, ~ n~ y ~nd of N~ ~ ~ ~y H~ ~, ~ by ~d ~a~ w~t by ~i~t ~y per~n ~ to ~ h~ on ~e a~ve a~o~ ~d ap- ~ at the time and p~ ~eci- fi~. DA~: ~ 23, 1~ O~ER OF T~ SOU~OLD TO~ ~O~ OF APPEA~ 1K~7 TOWN OF SOu-A'~OLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, lq. Y. ROTZCE OF DISAPPROVAL File No .................................................................. Date ........................... ..0..C...t ......... ~.0,. ............... 19~...?.... Har.r.y. & Evel .~.., Mearns ............ 96....-~lel~h.Aw .............................. .................. _S.~ t.~A..l.~ l~r~d ........ ..N,..Y..,. ............ PLEASE TAIOE NOTICE that your application dated ......................... Q.Q.~. ....... 3.Q..... . . . on un approved access for permit to construct ~w.e.~, ~ng ................... at thc premises located at ......... ..R....Q...~/.,....Q:~. ..N./..S. ,.,,,, ..1~... ~..n.., .~...o..a...d .................................... Street Orient N.Y. Map . _ ..?..e..e..d...r..% .c.k.. ................. Block ............ ._x~... ..................... Lot ..... ...x~... ...................................... is . ' disapproved on the followin~ ground~ ............ .~.c.c.e~.~.~......-.....c~h~ged...f~.~...a~.~.o.~.a.1..of....0.c.~....1. ,.., ....a.~.p..! .i.q..a..t...i._o..n....~... J.~.9.~., ........ ................. ~ ~.c.tion..2.8~...... To.wn...~aw.~ ........................................................................................... Building Inspector NYACK MISSIONARY. COLLEGE Ol~ce o] Public Relations NYACK, NEW YORK 10960 October 30, 1969 Board of Appeals Town of Sou~hold Long Island, New York Gentlemen: The appeal which you are considering is in the name of Harry and Evelyn Mearns, my sister and brother-in-law from whom I have agreed to purchase the lot in question. I am sorry that the neighbor did not follow through with his agreement to let me move and t~rove the existing right-of-way at my expense so that it would havela) satisfied the zoning requirement of 100 feet of right-of-way, b) Given him a unique opportunity to have his property line made straight by that newly proposed right- of*way. I understand that his two sisters objected to it. The new proposal would in effect provide what would seem to be adequate access to my lot and would care for the only detail that I know of which would stand in the way of my building a house. Obviously, I am carefully checking all other m~ulations such as location of well, cesspools, etc. Sorry you need to be bothered the second time with this matter but please be assured of my appreciation for your unde~standin$ of this matter. I expect to be present for the hearing on November B t:jc Sincerely yours, O 0 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. Name of Appellant Street and Number Statan Island , ~ .J~......~..o.~. ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDI~qi ,NsP/CTOR ON .o ..................................... ................ / WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Approval of access 1. LOCATION OF THE PROPERTY '....~.~.~.a..t..e...~.~..~.T.?.,~.?..~..a.[ .............................. .~.&..~...~.,~..?t.: ........ Street Use District on Zoning Map N/S Hain Road, Orient 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 Ordi.nance.) Town la~e, sectt.on 280A 3. TYPE OF APPEAL Appeal is made herewith for ( ) 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 Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (]a~,~r~) 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 ....... ~.2..9..2. .................. Dated .....O..c.~.o..b..e.~..~,~..~,.9..6..9. .................................... REASON FOR APPEAL X) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that the owaer of the r~.sbt-of-way near this property, refusea to have it moved to comply vi. th Section 280A. 14e wish, therefore, to have the Board's approval of a right-of-way o£ 16~ feet and approximately 100 (feet in length to run between the property desi~nated "Hess" on the enclosed m~.~ and the property t° the north of it designated "ltea~ns." Nain entrance to a cottage proposed would face toward this right-of-way. The ri~ht-o/-way would follow around to a ~urn-around. Form ZB1 (Continue on other side) REASON FOR APPEAL O Continued 1. STRICT APPLICATION OF THE ORDINANC'E would produce practical difficulties or unneces- san/HARDSHIP because the neighbor over ~ahose property a right-o£-~ay was tentatively agreed upon has changed his n~nd and does not w~sh to grant this change because he does not like the idea o£ another house being built in the area. 1£ a No, th/South right-of-way o£ 100 feet is required, it ~ould mean that the Hess lot o£ 20,000 square feet, and meeting all other requireamnts for building, vould be a useless piece o£ land, It would appear to us that a practical application o£ the ordinance would be satisfied through the proposal herein described. 2. The hardship created is UNIQUE and is not shared by oil properties .alike in the immediate vicinity of this property and in this use district because all o£ the other properties in the area.£ront on suitable right.o£-~ays, vith., the ,exception of one vhich was built be/ore the 100 foot right-of-ray isling had come into being. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the lot involved would still be bordering on the new right-of-way ~hich would make ready access to the lot through a currently existing entrance to the property currently existing on the land o£ Harry and Evelyn l/earns, and ~hich riglt-o£-way ~ould also be deeded to the ne~ o~ner (Hess) o£ the lot in question.