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HomeMy WebLinkAbout1869 TO~N OF SOUTHOLD, NE~V YORK ACTION OF THE ZO~G BOARD OF APPEALS Appeal No. 1869 Dated January 8, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Edward Yanke 31 Summit Drive Smithtown, New York DATE ~..~.....7..a. 1974 Appellant at a meeting of the Zoning Board of Appeals on Feb-ruary 7, 1974 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 ( ~ Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board il was determined that a special exception ( ) be granted ( ) be deuled pursuant to ~ticle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance ~d %he dee~on of the Building Inspector ( ) be reversed ( ) be confirmed because 8:00 P.M. (E.D.S.T.), upon application of Edward Yanke, 31 Sunuuit Drive, Smithtown, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk'Schedule for permission to construct new dwelling on lot with existing non-conforming summer cottage on,widest part ~of lot on property located on the east side of Bay Avenue, Mattituck. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties SEE REVERSE (b) The hardship created (is) (is not) uulque and (would) (would not) be shared by aH 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 detemined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of SEE REVERSE FORM ZB4 the Building InsReetor ( ) be confirmed ( ) be reversed. /~/N~G BOARD OF APPEALS Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to construct new dwelling on lot with existing non-conforming summer cottage on widest part of lot on property located on the east side of Bay Avenue, Mattituck, New York. The findings of the Board are that applicant has approximately 81,000 sq. ft. and proposes to build a new main house approximately in the center of the plot, and retain the use of the existing cottage on the road for a member of the family. 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 all properties alike in the immediate vicinity of this property and in the smme use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Edward Yanke, 31 Summit Drive, Smithtown, New York, be GRANTED permission to construct new dwelling on lot with existing non-conforming summer cottage on property located on the east side of Bay Avenue, Mattituck, New York, as applied for, subject to the following conditions: That building which is located 100 feet from Bay Avenue will not be used for other th~n storage purposes. 2. That no further cottages or residence dwelling units shall be constructed on the plot. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Doyen. 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 February 7, 1974 on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of Ernest M. Guettinger, Hemlock Drive Box 437, Mastic Beach, New York, for a variance in accordance with the Zoning Ordinance,Article III, Section 100-32, for permission to construct garage in front yard area. Location of property: Oak Street, Cutchogue, New York, Map No. 856 Eugene Heights, Lots # 38, 39 and 40. 7:45 P.M. (E.D.S.T.), upon application of Peter Dohrman, Smith Lane, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31, 100-32 and Bulk Schedule for permission to construct addition (deck). with insufficient setback from property line and high water mark. Location of property: south side of Oak Street, Cutchogue, New York, Map of Eugene Heights, Lots # 24 and south half of 25. 8:00 P.M. (E.D.S.T.), upon application of Edward Yanke, 31 Summit Drive, Smithtown, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule for permission to construct new dwelling on lot with existing non-conforming summer cottage on widest part of 'lot; lot will have less than 150 feet at building line for new all year round house. Location of property: E/S Bay Avenue, Mattituck, New York, bounded north by E. R. Burke; east by James Creek; south by H. Baldwin; west by Bay Avenue. NOTICE OF HEARINGS pursuant to Section 26"/ of the Town Law and the provisions of the .~nended Building Zone Ordinance of the Town of southold, Suffolk County, New york, public hearings will be held by ~he Zoning Board of Appeals o~ the Town of Southold, at the T~n Office, Main Road, Southold, l lew York, on Febru- ar~ "/, 19"/on the following ap- ~ealw. · /:30 P. i. (EDSTI, upon plicatton Ernest M. Guettin$- er, Heml0/ Drive Box 43"/, Mas- tic Bead New York, for a variance area. Lc Street, ~ap tchogue, New York, ~56 Eugene' 'I~I'ei~hte, Lots N'~ ~8, 39 and 40. 7:45 P..M. (F-,D~TL upon ap- plication of Peter Dohrman, Smith hne, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Ar- t/cie III, Section 100-30, 100-31~ 100-32 and Bulk Schedule for perm/ss/on to construct addi*Aon - (deck) with Insufficient setback from property line and high erty: Sout~ zide of Oak Street, with reduced setback. Lccation of proper~ N/S Narrow River Road, On , bounded north by N. Ma,.qe~;'& Others; east by R. Luck; south ,by Narrow River Road (King St.); west by H. Applegate. 9:15 P. iVL (EDST), upon ap- plication of Raymond & Ruth Woolfe, Fishers I~land, New York, for a variance in accord- ance with the Zoning Ordinance, Article IV, Section 100-40 and 100-41 and Bulk Schedule for permission to divide house and lot with insufficient area in either section and no sideysrd where house is divided. L~c~tion of property; N/S Whistler Ave- nue, Fishers Island, bounded north by Boocock & Gallagher; east by Fishers Island Schoo! District; south by Whistler Ave- nue; west by J. Pickett. 9:30 P. M. (EDST), upon ap- plication of Ann Werber, 87 Beach Road, Kings Point, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule for permis- sion to construct new dwelIirg with insufficient area. Location of proper~y: Private Road--S~S Indian Neck Lane, Peconic, bounded north by Indian Neck Lane; east by D. Branch; south by Peconic Bay; west by Indian Neck Park Subdivision. 9:45 P. M. (EI~T), upon ap- plication of Charles McCormack, 19 Tunstull Road, Scarsdale, New York, for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Sec. 100-34 and 100-31 and Bulk Schedule for permission to construct ad~_ dition with reduced average set- back. Location of property: E/S Reydon Drive, Reydon Shores. Re-sub See. F, ~ lots 18, 19 and 20. 10;00 P. M. (EDST), upon ap- plication of Joseph W. Petraus- kas, Hill Street, Mattituck, New York, for a variance in accord- ance with the Zoning Ordinance, Article XIV, Section 100-144 al~d Article III, Sec. 100-31, and Bulk Schedule for permission to add structure to mobile home which does not meet standards of set- backs, living area for Certificate of Occupancy. Location or prop- erty: South side Hill Street, l~attituck, New York, bounded north by Hill Street; east by C. Whalen: sOUth by F. Tyler & COUNTY OF SUFFOLK STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLANC TRAVELER - MATTiTUCK WATCHMAN, a public news paper printed at Southold, in Suffolk County; and thai the notice of which the annexed is o printed copy, has beer published in said Long Island Zraveier-Mattituck Watch man once each week for week~. successively, commencing on the .............. .'.~?.?. ............... day of ......... .......... ........ : ............ ......... Sworn to before me this ....... ~3./+;.~.Z day oi ..... .......... NOTICE OF HEARINGS Pursuant to Secti°n 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Sou,hold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Sou,hold, at the Town Office, Main Road, Scuthold, New York, on February 7, 1974 on the following appeals: 7:30 P.M. (E.D.S.T.), upon appticatim of Ernest M. Guet- Linear, Hemlock Drive Box 437, Mastic Beach, New York, ,hr a Zoning Ordin;mce, Article IH, Section 100-32, for permission to constxuct garage in front yard area. Location of property: Oak Street, ~, New York, Map No. S~6 Eugone Heights, Lots No. 38, 39 and 40. 7:45 P.M. (E.D.$.T.), upon application of Peter Dohrman, Smith Lane, Puconic, New York, for a variance in accordance with the Zoning Ordinance, Article IH, Section 100-~0, 100-31, 100-32 and Bulk Schedule for permission in construct addition (duck) with insufficient setback from property line and high water mark. Location of property: south side of Oak Street, Cut- chogue, New York, Map of Eugene Heights, Lots south half of 25. ~ 8:00 P.M. (E.D.S.T.), upo~ application of Edward Yanke, Summit Drive, Smithinwn, New York, for a variance in ac- cordance with the Zoning Or- dirmqce, Article III, Section 100- 30, 100-31 and Bulk Schedule for permission to construct new dw~llin~ on lot with existing non- conforming summer cottage on widest part of lot;lot will have less than 150 feet at building line[ for new all year round house. J Location of property: E-S BayJ Avenue, Matfituck, New York,J bounded north by E.R. Btwke;J cast by James Crsek; soulh by H., Baldwin; west by Bay Avenue~ 8:15 P.M. (E.D.$.T.), upon application of Daniel J. and Margaret M. O'Cannell, Park Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article IH, Section 100~0 and Bulk Schedule for permission to divide lot with insufficient width and area for proposed 1ot$. Location of property: south aide Park Avenue, Mattituck, New York, bounded north by Park Avenue; east by A. Lenastro; south by Pucenic Bay; west by R. Corleo. 8:30 P.M. (E.D.$.T.), upon application of Henry E. Raynor, Jr. (Bayaor-Soter Hardware), 320 Love Lane, Mattituck, New York, for a variance in ac- dinl~nce, AFticle VII~ Section 100- 7o and 100-71 and Bulk Schedule for permission to construct ad- ditiun to store with insufficient applicatfon of Eibert E. Luce, Jr. & George M. Vail (uncle), Village Lane, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule - for permission to divide lot and construct dwelling with in- sufficient area; and Section 280A Town Law for Approval of Ac- cess. Location of proper- ty:R.O.W, east side of Village Lane, Orient, New York, bounded north by W. Schrlevor; east by W. Schriever; south by M. Horthn; west by G. Vail. 9:00 P.M. (E.D.S.T.), upon application of Audrey H. Biotite,t, Narrow River Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 1(M)-30, 100-31 and Bulk Schedule for permission to construct dwelling with reduced setback. Location of property: N-S Narrow River Road, Orient, bounded north by N. Manley & Others; east by R. Luck; south by Narrow River Road (King St.); west by H. Applegate. 9:15 P.M. ¢I%D.$.T.), upon application of ~mond & Ruth Woolfe, Fishe, o Island, New York, for a variance in ac- cerdance with the Zoning Or- dinsqce, Article IV, Section 100- 40 and 100-41 and Bulk Schedule for permissio, , divide house and lot with i~ ~fieient area in either section and no sideyard whore house is divided. Location of property: N-S Whistler Avenue, Fishes Island, bounded north by Boucock & Gallagbor; east by Fishers Island School District; south by Whistler Avenue; west by J. Pickett. COUNTY OF SUFFOLk. STAWE OF NEW YORK, ~ss: Stuar~ C. Dorman ...................................... being duly Swor, Schedule for permission to construct addition with reduced avorage setback. Location of properly: E-S Eeyden Drive, Lots 18, 19 and 20. 10:00 P.M. (E.D.S.T.), upon application of Joseph W. Petranskns, Hill Street, Mat- tituck, New York, for a variance in accordance with the Zoning Ordinance, Article XIV, Section 100-144 and Article III, Sec. 100-' 31, and Bulk Schedule ~or per- mission in add structm'e to mobile home which does not meet standards of setbacks, living area for Certificate of 0c- cupancy. Location of property: South side Hill Street, Mattituek, New York, bounded north by Hill Street; east by ¢. Whalen; south by r. Tyler & Reeve; west by American Legion. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: January 24, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ; ,-,,1~ ! ..... ~ i~ew York 9:30 P.M. (E.D.S.T.), upon application of Ann Werber, 8V says that ...b.e.. is Printer and Publisher of the SUFFOL Beach Road, Kings Point, New ~tL"~Trvx~ York, for a variance in ac- '* ...... TIMES. a newspaper publ4shed ~t Gx~enpOrto in cordance with the Zoning Or~c . . . dinance, Article III, Section 100- aunty, aha that the notice, of which the annexed is ~/print¢ 30, 10o-31 end Bulk Schedule for co permission to construct new py. has been published in the s~d Suffolk Weekly Time dwelling with insufficient area. ~ ......... O.~.~.. (.]..). Location of property: Private-nce in each week, for ......... week Road - S-S Indian Neck Lane, successiv~[,, commencing on the Pucoulc, bounded north by Indian south by Puc(talc BOy; west by 9:4~ P.M. (E.D.S.T.), upon application of Charles Mc-Sworn to before me this . .~.1..~}. .... Cormack, 19 Tunstall Road, Scaredale, New York, for adUy of .................. ~9. variance in accordance with the · . Zo~i,a_ Ordinance, Article IH, ' .... '~ ....... ~ ~'~-~. Sec. 10034 and 100-31 and Bulk O FOI~M NO. 3 O TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~..!....~....~.: ............................. ~OTICE tho, your o~olicGtion ~te~ .... ~......~ ................ , 1~..~.. disapproved on the following grounds ...................................................... y~.:~C~ C TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO./'~ DATE TO THE ZONING BOARD OF APPEALS,.TOWN OF SOUTHOLD, N. Y. ,, We) .................................... of ..... ....................................... Name of Appellant Street and Number ........... .ci,~.fl:..~.~,~'..o..~..,~' ............................................................ h' ...~.,.,.....,1.,1,.~.~.~.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED Ja o '7 197 WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) ~err~it for second one family dwelling ~ lot 1. LOCATION OF THE PROPERTY E/~; ]38y Ave "A" dist Street Use District on Zoning Mop xxx xx Mattituc~ N.~. Mop No. Lot No. 2. PROVISION (S) OF THEIZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) Art l~I sec 100-~0 ~ ~J~]k 6. O~tedule 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal 3~(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 thatI we wish to build a ne',/ year ~,round residence in si~iti,~n to t:~e existln~ su~:er cottage on the property Form ZB! (Continue on other side) REASON FOR APPEAL O O Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becauseI The exi~t~ng, sum:er cot~.age is too small for a perminent occupancy for entire family. The lot is about 135 ft wide at the ?oint of proposed new dwelling and do~:~s cantrin about 80~000 sq ft over all, ~he proposed dwe]].in( .;ill have about 1~2~0 sq ft living area as o~pose~] to the ~00 Sq ft +_ of ?hn existing cottage, The use is comparable to the adjacent property where there ~re several oxisting eotta!~.,s u':d ].e.~;:, land area with e-ache 2. The hardship createdis UNIQUEandisnotshared by all prope~ies alike in the immediate vicinity ofthisproper~ and inthis use district becaus~ OU~ lot ta~ar~ £rom ~e roa~ to the creek, makin~ the un-built settiun narrower than the road front with existing cottage. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The proposai dwallint~ will b~: a year around dwe!lin~ unit~ and the exlstinz aorta · will be a tem?ornry or summer occupancy a~ it is now. This is s residential area~ ard the pro?osed use will not change the charicter of the neighborhood. STATE OF NEW YORK ) ) ss COUNTY OF~{ui'folk ) Signature Sworn to this ................... ~ ......................... day of .............. Notary Pubhc JUDITH T. BOKEN 0o0 TEsT %4[ Io~ ~. NOTE: · ~MONUMENT ELEVATIONS ARE REFERENCED TOAN ASSUMED DATUM. YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK AL.DIN W. *YOUNG HOWARD W. YOUNG' SURVEY FOR GOLD KEY ESTATES, INC. MATTITUCK TOWN Of SOUTHOLD SUFF. CO.,N.Y. ' '~ ~-'~' 1.~. SCALE: I"= 40' ' ~' ...... ~ ''~ ' NOV. 9 NO. 75-1075