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HomeMy WebLinkAbout1709 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS December 29, 1972 Appe~ No. 1709 Dated ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Terry S. Triades a/c Istepan Minakyan and Semun Bedikoglu 164-01 32nd Avenue Flushing~ New York X973 AppeRant at a mecting of the Zoning Board of Appeals on January 25, 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 /or a variance to the Zoning Ordinance ( ) 1973 the appeal 1. SPECIAL EXCEPTION. By resolu~on of the Board ~ was determined th~ a special exception ( ) be granted ( ) be denied pursua~ te Artkle .................... Sec~on .................... Subsection .................... paragraph .................... ~ the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be ~ulirmed became 7:50 P.M. (E.S.T.), upon application of Terry S. Triades, 164-01 32nd Avem ~lushing, New York a/c Isepan Minakyan and Semun Bedikoglu, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 301, for permission to sell lot with less than required width. Location of property: north side of Sound View Avenue, Mattituck~ Minor Subdivision #44, Lot #~, bounded and described as follows: north by Long Island Sound; east by other land of applicant; south by Soundview Avenue; west by other land of appllcant. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical di/ficulties 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 variance (does) (does not) observe the spirit of the Ordinance and (woUld) change the character of the district because (would not) 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 coulirmed ( ) be reversed. SEE REVERSE '~ I,q ZONING BOARD OF APPEALS Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to sell lot with less than required width on premises located on the north side of Sound View Avenue~ Mattltuck~ New York. The findings of the Board are that this minor subdivision was created by the Planning Board on May 13, 1971~ and the Board's action merely recognizes the reduced requirements in the original subdivision when compared to the present Ordinance. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by ail 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 neighborhood~ and will observe the spirit of the Ordinance. TH~R~FOR~ IT WAS RF_SOLVED Terry S. Trlades~ 164-01 32nd Avenue, Flushing~ New York, a/c Istepan Minakyan and Semun Bedlkog!u, be GRANTED permission to sell lot with less than required width. Location of premises: north side of Sound View Avenue~ Mattltuck~ New York~ as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonls. LEGAL NOTICE 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, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on January 25, 1973, on the following appeals: 7:30 p.m., E.S.T., upon application of Adolph Breitenbach, Jr., Main Road, Aquebogue, N.Y., a/c John Loper, School House Lane Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-2, for permission to put a swimming pool and fence in side yard area. Location of property: South side of Pike Street, Mattituck, N.Y., bounded and described as follows: north by Pike Street; east by Hudson/ Tuthill; south by Browne/Waldvogel; west by Maple Avenue. 7:40 p.m., E.S.T., upon application of Ethel E. Wortis, South Harbor Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-l, for permission to make two family dwelling out of existing dwelling. Location of property: west side of South Harbor Road, Southold, bounded and described as follows: north by Stankewicz and Morton; east by South Harbor Road and others; south by Richmond Creek; west by Richmond Creek. 7:50 p.m., E.S.T., upon application of Terry S. Triades, 164-01 32nd Avenue, Flushing, New York, a/c Istepan Minakyan and Semun Bedikoglu, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to sell lot with less than required width. Location of property: north side of Sound View Avenue, Mattituck, Minor Subdivision 944, Lot ~2, bounded and described as follows: north by Long Island Sound; Legal Notice Page 2 south by other land of applicant; south by Sound View Avenue; west by other land of applicant. 8:00 p.m., E.S.T., upon application of William Manning, 1507 South 7th Street, Aberdeen, South Dakota, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide property with less than required area and frontage. Location of property: west side of Beebe Drive, Cutchogue, New York, bounded and described as follows: north by J. Hataier and wife; east by Beebe Drive; south by J.T. Beebe; west by Eugenes Creek. 8:10 p.m., E.S.T., on motion of Board of Appeals to reconven~ hearing on Application #84, George G. Wetmore, Island View Lane, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, C-6, d and f, for permission to maintain ground sign on premises located west side of Main Road, Greenport, bounded and described as follows: north by Albertson Lane; east by Main Road; south and west by A. Cassidy and others. 8:20 p.m., E.S.T., upon application of Joseph Frohnhoefer, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and Bulk Schedule for permission to build addition to store with insufficient setback and side yard. Location of property: south side of Main Road, Southold, New York, bounded and described as follows: north by Main Road; east by Southold Oil Co. and others; south by C. Turner; west by D. Rothman. NOTICE OF HEARING Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town 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 Road, Southold, New York, on January 25, 1973, on the following appeals: 7:30 p.m., E.S.T., upon ap- plication of Adolph Breitenbach, Jr., Main Road, Aquebogue, N.Y., aR John Loper, School House Lane, Matttiuck, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 300 C-2, for permission to put a swimming pool and fence in side yard area. Location of property: south side of Pike Street, Mat- tituck, N.Y., bounded and described as follows: north by Pike Street; east by Hudson- Tuthill; south by Browne- Waldvogel; west by Maple Avenue. 7:40 p.m., E.s.T., ({pon ap- plication of Ethel E. Wortis, South Harbor Road, Southold, New York, for a special exception in accordance with the Zoning Ordtoanee, Article t~, ~ 300, B-l, for permissiun to make two family dwelling out of existing dwelling. Location of property: West side bf South Harbor Road, Sonthold, bounded and described as follows: north by South Harbor Road and others; south by Richmond Creek; west by Richmond Creek. 7:50 p.m., E.S.T., upon ap-i plicatiun of Terry S. Triades, 164- 31 32nd Avenue, Flushing, New York, a-c Istepan Minakyon and ~emtm Bedikoglu, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to sell lot with less than required width~ Location of property: north sid~ of Sound View Avenue, Mat tituck, Minor Subdivision No. 441 Lot No. 2, bounded aad described as follows: north by Long Istan~ ISound; south by other land ot applica_nt; south by Sound Vie~ LEGAL NOTICI: (Continued from page 19) Avenue; west by other land of applicant. 0:00 p.m., E.S.T., upon ap. plication of William Manning, 1507 South 7th Street, Aberdeen, South Dakota, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than required area and frontage. Location of property: west side of Beebe Drive, Cutchogue, New York, hounded and described as follows: north by J. Hataler and wife; east by Beebe Drive; south by J.T. Beebe; west by Eugenes Creek. 8:10 p.m., E.S.T., on motion Board of Appeals to reconve hearing on Application No. George G. Wetmore, Island View Lane, Greenport, New York, for a special exception in accordap with the Zoning Ordinant Article III, Section 300, C-6, d and f, for permission to maintain ground sign on premises located west side of Main Road, Greanport, bounded and described as follows: north by Albertson Lane; east by Main Road; south and west by A. COUNTY OF SUFFOLK, STATE OF NEW YORK, } ss: ........ ~'t;' 't~'l:.t-.~'.-D-0~I~-I1 ........... being duly Sworn, s~s ~at . .~... is Printer ~d Publisher of ~e SUFFOLK W~KLY TIMES, a news~r pub~sh~ ~ Gr~n~rt, ~ ~d count; and ~ the noti~, of which ~e ~ne~ is a print~ ~py, ~s ~en publi~ in the ~ Suf~lk W~k~ Times once in eoch w~ ~ ....... O~e ................ w~ks suc~sively ~mmeuc~g on ~e ... ~~ .......... d~ of...Ja~a~~~_~ -~-~-; ~ -.~<~ ~: .~ ~ ...... ~ ~. ~ ~;~.~ ~i. 7~ .... Sw~ to~e me this .. / ...................... bounded and described as follows: north by Main Road; east by Southold Oil Co. and others; south by C. Turner; west by D. Rothman. 8:30 p.m., E.S.T., upon ap- plication of Charles A. Gagen, Pine Neck Road, Southold, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301, for permission to set off lots with less than required area and frontage. Location of property: south side of Clearview Avenue, Southold, New York, bounded north by Clearview Avenue; east by Gngen's Landing Road; south by John Ongen; and west by Schoof. 8:40 p.m., E.S.T., upon ap- plication of Theodore and Jacquline Bittner, Soundview Avenue, Southold, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-12, for permission to amend his special exception to build an enclosed riding and training ring in a building to be located north of the present riding ring. Location of property: south side of Soundview Avenue, Southold, N.Y., bounded north by Soundview Avenue; east by Booth and Lebreski; south by County Road 27 (Middle Road); west by S. Sepensski. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: January 12, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS west side of Be~l~ Drive, Cut- chogue, New York. ~unded and described ms follows: hi~rth by J. Hataier and wife; east ~/ Beebo NOTICE OF HEAB~NGS ; Drive; south by J. T. Beebo': west Pursuant to Section 267 of the , b~ Eugenes Creek. Town Law and the provisions of i 8:10 P. M. EST, on motion the Amended Building Zone Or: 'i 4~ard Of Appeals to reconvene~'. dinance of the Town of Southold~ ~.~,~$aring on Application No. 34. Suffolk County, New Yin'k. publi¢if '.~.40eorge G. Wetmore, Isla~ld View hearin~ will be held by the Zon-:' lane, Oreenport, New York for lng Board of Appeals of the Tow]l a* ~ a special exception in accordance of Southold, at the Town Office, :t with the Zoning Ordinanco. Ar- Main Road, Southold, New York.~:~ tlcle III, Section 300, C-6, d and on ~anuary 25. 1973, on the fol~ ~ f. for permissiorl to maintain lowing appeals: ~ ~.! ,~round sign on premises located 7:30 P. M.. EST. upon appli~ 1~ ~e~t side of Man Road Green- cat on of AdophB~eltenbach Jr ~v~, . ~t bonn ' · ' ' ' "~i ~o , dod and described as Ma n Road, Aquebogue, lq. '2'. ~ ~ollows: north by Albertson Lane; a~c John Loper, School House ~: '. ~st by Main Road; south and Lane. Mattituck. New York. for ~1 ?~est by A. Cassidy and others. a variance in accordance wi~h..~/ 8:20 P. M., EST, upon appli~ the Zonin~ Ordinance. Article . 'Cation of Joseph Frohnhoefer, III. Section 300 C-2, for portals-i~ ~ J~ain Road, Southold. New Ym'k. sion to put a swimming opal and : for a variance in accordance with fence in side yard area. Location~,, the Zoning- Ordinance, Article of property: South side of Pike' ' VII. Section 701 and Bulk Sched- Street. Mattituck. N. Y.. bounded ule fro' portal.ion to build addi- and described as follows: north' ~ ~/)n to store with insufficient set- by Pike Street: east by Hudson! ~ck and side yard. Locat!on Tuthill: south bv south side of Main vogel: west by Maple Avemle. 7:40 P. M.. ueon ~pplication Ethel E. Wortis, South Hat Road, SouthoId. New York. for special exceet!on in with the Zoning Ordinance. tide HL Section 300. B-1. permission to make two dwel!/ng out of existine dwellin: Location of property: west side Southold, New York. and described as follows: by Main Road; east by .Oil Co and others; by C. Turner; west by D. 8:30 P, M.. EST. upon appli- of Charles A. Gagen, Pine Seuthold, New Yin'k, variance in accordance with South F/arbor Road. Sour] ~, the Zoning Ordinance, Article bounded and described as follows: i III. Section 301, for permission north by Stankewicz and Mort~n: ~' to set off lots with less than re- others: south bv Richmond ~ 'tion of property: south side of 7:50 P. M.. EST u~on senli- I ~ork. ~unded north by Clear- cation of Terry S ~inde~ 1~4 W .~- . · -~9~[~ew Avenue; e~t by Oagen's ~zna Avenue. Flusb~n. New York~'~nding Road; south by John mun Bedikoelu. for a variance i~:~ 8:40 P M EST u~n app - a~cordance with the Zonim, O,~*;~l.~tion o} T~e~or& and dacq,- dmance. Article IH Sectim~ 301Y ~e Bittner. Soundview Avenue for ,eunssor to soil ot witlla&a~uthold, for a s~cial exception View Avenue Mattituck. bounded and d~cribed as lows: north by Lonp: I~]an SouDd: south bv other lapd applicant: south bv SOIH~d Article III, Sectim~ B-12, for permi,~ion to a- his special exceptioi~ to an enclosed riding and in a building to be of the presenr~ rid- ring. Location of property: side of Sound View Avenue. N. Y., bounded north Sound View Avenue; east by cation of William Mannina,. 1507,~ and Lebroski; south by South 7th Street Abm'd~en. I ~ounty Road 27 (Middle Road~; South Dakota. for a vari.nce i~1 . west by S. Se~noski. accordance with the Zonim~ Or- [:~Any pel'~n desiring to be heard dinance. Article IlL Section ~0I. ;1~ the above applications ihould for permission to divide m'ooerty'*~~: pear at the time and p ac· ~Tt;~ted: January 12, 1993. ~, BY OaDER Or ~E sowsor COUNTY OF SUFFOLK STATE OF NEW YORK ss: C. Whitney Booth, .Ir., being duly swc that he is the Editor, of THE LONG TRAVELER - MATTITUCK WATCHMAN, a publ paper printed at Southold, in Suffolk County; the notice of which the annexed is a printed copy, published in said Long Island Traveler-Mattituck man once each week for ~ j -~ /// successively, commencing on the ............... , ...~ ..... Sworn to before me this ....... :x/...;.~.~ ....... ~.'g ........... 19~.:... .......... December 29. 1972 Town of So~tho!d Zoning Board of A~peals Main Road Southold. Long Island N. Y. 11971 Gentlemen: Enclosed please find application for variance, in triplicate, along with my check in the sum of $15.00 to cover the required filing fees. I would appreciate it if y~x would advise me of the time and date of the hearing so that I may be in attendance. Thank you for your kind consideration and co- operation in this matter~ I remain Very truly Te~ S, Trtades TSTI1 ~w gnc. I FORM NO. 3 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ............. : ..................................................... Date ......................... ~...~.......~....I.., 19.~..~. PLEASE TAKE NgTIC~ thet y,gur opplicotion doted .................................................... , 19 ........ fo~t~ cor~truct at the prem ses ~cote~d at~ ................................ ........... ~1;;::'::~:'T"'~'F .................. Map ........................................ Bilk ........................................ Lo~ ....................... ~ ........ ~ ........ is ~.~ ~, ~.~ ~i~ ~ ~ ~,~.~ ~..~ ........ ~.~...z.:...;z ............... ; ............... ....................... A..:;~.::..~ ......... ¢.;...?.¢..;;...~ ....................... ~...: ........................................ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR TO THE ZONING BOARD OF APPEALS; TOWN OF SOUTHOLD, N. Y. l, ~) ..~.e..r...~....$.~...T.~.~,~.~e,,~ ......................... of .16A.-..0],..32nd..A.v. enu~ .......................... Nome of Appellant Street and Number .... ..~..]:...~.~;.~.....~..:....~..;.....]:~..~..5....8. ..................................... ..~..,.....~.., ................ HEREBY APPEAL TO Municipality State ( ) ( ) THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... ~'TED ..~.~..~.~.~..~;~...~1~i1~.~,~ InspeCtor, ~oWetd Ter~, dated WHEREBY THE BUILDING INSPECTOR DENIED TO [I~C~I~ 26~ 1972 ........ ~.e._~..~....s..,...~.~ .t..~¢e.s. ............................. Name of Applicant for permit of 164-01 32nd Aven~e~ Flush~.n~, N. Y. 11.3.58. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1972 LOCATION 'OF THE PROPERTY ..?.~.I~.?~.u...Z~.~.....~..~...Z~..~.."..~.- ...................................... ~....~ .... Street ~ Use District on Zoning Map Mop 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.) Article III sec, 301 (x ( TYPE OF APPEAL Appeal is made herewith for A yARIANCE to the Zoning Ordinance or Zoning Map A VA,RIANCE due to lack of access (State df'New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ' 4. PREVIOUS APPEAL A previous appeal (l~l~)~(has not~.been mode with respect to this decision of the Building Inspector or w~th respect to this property. Such appeal w6s ( ) request fbr o special permit ( ) request for o variance and was mode in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) - is requested for the reason that se~d lot hll~ ~o~'e t~a~'l the a~'~ the zoning ocd~nance, but does not have the ~equtred 135 feet w~dth. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSH~ because your applicant as the contract vendee is purchasing said plot for the sole purpose of er&cling a one family dwelling. Absent approval of the Zoning Board of Appeals there would be no reasonable use for the land.commensurate with the .purchase price. 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 on May 13, 1971 the Southold Town Planning Boardapp~oved th~.~ubdivision of a larger parcel into three parcels. At the ~i~of the a~proval of said minor subdivision the zoning ordinance in effect at that time required a lot width of 100 feet. Annexed hereto and made a parther~ isra,photocopy of survey approved by the Southold Town Planning Board; Minor Subdivision ~, Lot 1, Lot 2, Lot 3. 3. The Variance would obsewe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because said lot has more than tho required ~quare foot area under the present zoning ordinance. Furthermore the variance would not prevent the orderly and reasonable use of adjacent properties; many of which have less than the square foot area of the instant parcel. Also the plot area is s~fficient; appropriate and adequate for the use intended; said lot having more than 8,500 square feet than the 40,000 square foot minimum required under the present zoning ordinance. STATE OF NEW YORK ) ) ss CO!dNTY,'OF 'l~eii~-, :~) ..... r:'. ~ Sworn to this ........... 2.9.1;h ......................... day of ........... ]]~llC~llb. l~r .......................... 19 72 ..................... Notary Pu~ii; ...... ~ No. 41-9728650 ~Suffolk County Department of Pl~z'~i/ing Veterans Memorial Highway Hauppauge, New York 11787 February 21, 1973 Town of Southold Board of Appeals Pursuant to the requirements of Sect/ohs 1323 to 133Z of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. A pplic ant Municipal File Number Terry S. Triapes 1709 GGN:ec Respectfully yours, 0 Town Of Southold TOWN CLERK 765-3783 Building Dept. t Planning Bd. 765-2660 Board of Appeals TOWN CLERK'S OFFICE Main Road Soufhold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consol;dated Laws, Article 12-B, Sections 239-1 and m, the ...BO.a~..~. ~t,p~.e~L~.l[ .......... of the town of Southold, N. Y. hereby refers the following [agency involved) proposed ~oning action to the Suffolk County Planning Commission: [check one) New and recodified zoning ordinance ........... Amendment to the zoning ordinance ............ Zoning changes ........... Special permits X~X~.. Variances Location of affected land: within 500 feet of: {check one or more) ..~.*.~..?$~ol~orS~i~ b~'n~ line ............ State or county road, parkway or expressway ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned ,parcel on which a public building is situated Comments: The Board beleives this lot width to be OK and has co~7 of a~plicatio~, map & action enclosed. Title Date received by Suffolk County Planning Commlssion ........................................................... File No ............................... TOWN OF SQUTHOLD I-IFFIOE OF BUILDING INSPEOTGR TOWN OLERK'S OFFII~E SGUTHGLD, N. Y. 11971 December 26, 1972 Terry S. Triades Attorney 37-32 75th Street Jackson Heigths, N.Y. Dear Sir; Your letter of Dec. 2Oth ~: Minakyan & Bedikoglu minor Subdivision received. . Please be ~advised: This minor subdivision was approved Eay 13, 1971, our ordinance was changed Dec 17 1971 to require 135 foot width and~O~O00 sq ft area. These'lots all have'mo~e tha~ enough area but are short on width - Art III sec 301 - I am enclosing application f~rms to Board of Appeals for a variance on width. Seperation of lot 2 will automaticaly take care of all three lot widths. (Fee $ 15.OO) Also.enclosed please find copy of curren~ zoning ordinance. Yours truly Building. In~ec~r. ~ · -' MOHUIZEHT Lot.$ Loi 2 Lo~ ~ , _ ~i '~Zc5 106.00 ' ~l~-- LO6,00 ~ r~wmo~s YOUNG & YOUNG MINOR SUBDIV~S'ON PLAN FOR ~owN o~ SOU Th'OLD