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HomeMy WebLinkAbout1151 TOWN OF SOUTHOLD, NEW YORK ACTION OF TIlE ZONING BOARD OF APPEALS Appeal NO. 1151 Dated October 25, 1967 ACTION OF TIqE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Ivan T. Honnett 147 Davis Avenue White ,Plains, New York DATE N_o._~...e_~ .e...r........16, 1967 Appellant at a mecth~g of the Zoning Board of Appeals on Thursday, November 16, was c~nsidercd and the action indicated below was taken on your , ~ Request for variance due to lack of access to pi'operty ( ) Request for a special exceptic~ under the Zoning Ordinance X ) Requc~ for a variance to the Zcmhlg Ordinance ~ ) 196~e appeal ]. SPEC]AL EXC~ON. 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 dechsion of the Butldtn~ Lqspector ( ) be reversed ( ) be confirmed because 7:45 P.M. (E.S.T.), Upon application of Ivan T. Honnett, 147 Davis Avenue, White Plains, New York, for a vaz~ance in accordance with the Zoning Ordinance, Article X, Section 1007, Subsection E & F, for permission to rebuild a non-conforming dwelling 'on a small lot with two d~ellings thereon. Location of property: Orchard Street and Third Street, New Suffolk, New York, bounded nor th by Orchard Street, east by Third Street, south by Joseph Kapp, west by J. E. Cannell. 2. VARIANCE. Bp resol'ution of the Board it was detemuined that (a) Sbri~t application of the O.rdinanoe (would) (would not) preduce practical difficnities or unnec- essary hardship because SEE I~EVERSE th) Tb_e hard~Hp created (is) (is not) unique and (would) (would r~ot) be shared by all properties alike tn the hnmediate v~cinity of this property and in the sam.~ use district because SEE REVERSE (c) The valance (does) (does not) observe the spirit of the Ordinance and (would) change the .cher~ter ,of the dislaqct becs~se SEE REVERSE (would not) and therefore, it was further determiv, ed t2xat the requested varia~ce ( ) be granted ( ) be denied and ia'mt the previous decisions of ~ Building Inspector ( ) ,be confirmed ( ) be reversed. FORM ZB4 Barbara C. Dittma~n, Secretary After'investigation and inspection the Board finds that the applicant proposes to bebuild , by more than 5~Qf preaent fair market value, winterize, and enlarge a smal% house, one of two n0n-co~for~ing dwellings, owned by the applicant on a corner lot 75 feet by 100 feet, acquired prior to the passage of the Zoning Ordinance. The applicant would enclose an area nine feet by 24 feet, including a small open porch, on the easterly side of the present easterly dwelling, and would structurally enlarge the attic area by use of dormers. This house violate~ the 35 foot set back'r~q~ife~nf fOr front yards on corner lots, 'as well as Article III, which reStricfs the use of residential dwellings.~ Section 300, Subsection 1, lots ~o single one family It is determined that 'the p~oPOsed expansion of a non- conforming residential use, one of two such uses ~n a lot which is 4~ smaller than the minimum lot required for a one family residential use, would not be in harmony with the general purpose of this Ordinance, will tend to depreciate surrounding property values by encourageing the overcrowding of land. 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~se~ve the spirit of the Ordinance and will ~* change the character of the district. Ivan T. Honnett Appeal No. 1151 November 16, 1967 Therefore, it was RESOLVED Ivan T. Honnett, 147 Davis Avenue, White Plains, New York, be DENIED permission to rebuild a non-conforming dwelling on a small lot with two dwellings there on, as applied for, on property located on Orchard Street and Third Street, New Suffolk, New York. However, the applicant may rebuild the present dwelling, provided there is no enlargement of the first floor area or structural enlargement of the building. -2- LEGAL NOTICE Notice of H~arings Pursuant to Section 267 of the Town Law and' the provisions o£ the amended Building Zone Ordinance of the Towrr of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Soufh- old, at the Town Office, Main Southold, New York, at 7:30 P.~I., on ;November l§, 1967, on the fol- lowing appeals: 7;30 P.M. (E.S.T.), Upon applica- tion of North Pork Lions Club, Gre~npo~t, New York, for a special exception irt accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, for per- mission to erect and maintain the following off premises signs: 1) a combinafion Rotary Club and Lions [Club sign located on the property of King Greenport Associates. cation of property: ~outh east side Route 27A a~r:i Chapel Lane, Green- port, ~ew York, bounde~ north by North Road (C.R. 27A), east by Vil- lage property-A. C. Pauli, south by Old Highway-Long Island Light, west by Chapel Lane. 2) a com- bination Rotary Club sign and Lions Club sign, located On the property Of Fleet Lumber, Inc. Location of property: south side Route 25, Greenport, ;New York, bounded north by Main Road (Rte 25), east by Andrew Cassidy, south by Rail- road, west by Robert BrOwn. 7:45 P.M. E.S.T,), Upo~ applica-~ tion of Ivan ~F. Honnett, 147 Davis -A-venue, White Plains, New York, for a variance in accordance with the Zoning Ordinance, Article X, Section 1007, Subsection E & F, for permissio~ fo ~ebuild a conforming dwelling on a small lot with two al%veilings thereon. Loca- tion of property: Orchard Street and Third Street, ;New Suffolk, New York, bounded north by Orchard Street, east by Third Street, south by JoselYh Kapp, west by J. E. Can- nell. 8:00 P.M. (E.S.T.), Upon applica- tion of Patrick Gorman, Postmaster, Cutchogue P~st Office, Griffin Street, Cutchogue~ New York, for a special exception in accordance with the ZOning Ordinance, Article IV, Section 408, Subsection B, for per- mission to erect a side wall sign. Location of property: east side Gri£- fin Street Cutehogue, ;New York bounded north by William $. Bax- ter, ,Ir., east by William Kollmer, south by Lois Aah Terp, west by Griffin Street. 8:15 P.M. (E.S.T.), Upon applica- tion of Peter Popolizio, 6 Coraway Road, Setauket, New York, a/e Joseph Strafino and Wife, 36 Burr Road East ~rorthport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 804, for permissio,n to con- struet a dwelling with insufficient front yard setback. Location of property: Little Peconic Bay Lane, Southold, ;New York, lot number 132 in Cedar Beach Park. 8:80 P.M. (E.S.T.), Upon ~ppliea- lion of Robert Hyatt, SouthoId New York, a/e Peter Bogovie, OaklawnI Avenue, Ext., Southold, Sqew York, for a variance in aceardance with[ the Zoning Ordinance, Article III, Section 305, for permission to erect an ~c[difion to an existing dwelling with insufficient front yard setback. Location of property: east side Oak- lawn Avenue Ext. Southold, ;New York, bounded north by Joseph Fisher, east by John Harabaglia, south by Joseph Radich, west by Oaklawn Avenue Ext. Any person desiring to be heard on any of the above applications ~hould appear at the time and place above specified. DAT/~D: OCTOBER 26, 1967, BY ORDER OF THE SOUTHOLD TO]V/hl BOARD OF .~kPPEALS lt;NlO COUNTY OF SUFFOLK, ] STAT~ OF NI~-W YORK, ? ss: J s~y~ thc~ . ~.., is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport. in said county; and ~at the noti~, ~of which the ,~nexed is ~ print~ copy. has been published in the ~d Suffolk Weekl~ Times ~nce in each week, f~r ....... ~ .............. week~ successively commeacing on the .. ~ .r.q~ ............. d~y of .... ¢ ..... .. ~ ........ 19..~. Swam to before me this . / ~] .~;... I day ~f ...'/~.~.~.~,~. 19.(~J]. ] .... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. //'5-/ DATE O-'"~d'~ ~ ~ /~' I~ 7 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We).:[~'al~..T..He~tt ................................... of .......~.~:/..Dev.ie..A.ve ........................................... Name of Appellant Street and Number ........ ~/l~ite..P. laine ............................................................. N..Y.,...1.060.~ ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT WHEREBY THE BUILDING INSPECTOR DENIED TO of Street ond Mumber Municipohty Store ( ) P[RMIT TO US[ ( ) P[RMIT FOR OCCUPAMCY (X) ~omS~ ~o robu~ld non conforming d~oll[ng 1 LOCATION OF THE PROPERTY ..... ~f~:~,a..,~..~.~.~:.8..~: .~...~.~. ....................... Street Use District on Zoning Map Mop No. Lot No. New Suffolk 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.) ~rt_X~ 1007 Sub E & F. 3 TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 PREVIOUS APPEAL A previous appeal ~) (has not) been mode with 4. respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Fei-Tn ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~e bought this property in 1949. It was in very bad condition,run down and covered with weeds and all kinds of debris. We cleaned it up and repaired the house in order to have a nice sum~er home. We now have come to the time when we must retire and we would like to build a permenent home in place of the existing build- lng and live in New Suffolk permenently. I retired from the White Plains Police Department. 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 Most properties in the surrounding area do not conform with the zoning law,my building included, but it does set back from ~rd Street about 18 feet. 3. 'The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The neighborhood would not be changed in granting this variance because the building I would put up would be a credit to the comminity. I do not have to disturb my water pump or septic tank. S.TATE OF NEW YORK COUNTY SS Signature Sworn to this ,~ S' day of ........................................................ '- · ~ 19(. ? Notary Public ,/ * .... ,i I~OP.M ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK°S OFFICE SOUTHOLDo I~. Y. i~OTICE OF DISAPPROVAL File No ................................................................. Date ............................ ..0..C.~,,O.~.~ .r ......2.~. ....... 19....67. To .I..~a,~..,,H..o.,..I~A.. ~ .t...t. .................................................. ......... 1.~.7.... D.a~is...A~e .................................... White Plains N.Y. PLEASE TAKE NOTICE that your application dated ...................... ~.C..~... _.2.,5. .......... 19 67 .~or permit to~..~.e~..~,],d....N.-.,.C....~W ,~g thc pr~mises located at .....0..r...c..h~.~'~ ..&....3r.d St ........................................................................ Street New Suffolk Map .......... ~ ........................ Block .......... ~ ...................Lot ................. ~ ....................... is ~isapproved on the followin? grounds .....s..I~_..1...1....~..o.~;....w...i...t...h....t.'~Q ..... .......... ~..w.~..1.~...~..gz.... ....... Art III see 303 & Art X sec 1007 sec e '41 I'-/ANI T.t.4©I',Ii..tETT t-q~vv