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HomeMy WebLinkAbout2080 TOWN OF SOu'£1tOLD, NEW YO~K ACTION OF 'rile ZON~G BOAI~D OF APPEALS Appeal No. 2080 Dated September 9, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Caroline A. Talbot 23 Plymouth Road West Hartford, Conn. DATE.S~pt..2.5, 1975 1975 Appellant at a meeting of the Zoning Board of Appeals on September 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 for a variance to the Zoninz Ordinance ( ) 1975 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoni~ Ordinance and, the decision of the Building Ir~spector ( ) be reversed ( ) be confinu~ b~au~ 9:15 P.M. (E.D.S.T.) upon application of Caroline A. Talbot, 23 Plymouth Road, West Hartford, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in front yard area. Location of property: cor. Fox Avenue, Equestrian Ave., & Pvt. Road, Fishers Island, New York, bounded on the north by Private Road to Manson House Cottage; on the east by Equestrian Avenue; south by Fox Avenue; west by D. Auchincloss. Fee paid $15.00. 2. VARIA.NCE. By resolution of the Board it was 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) umque 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) 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 denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 Marjoz~ie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to locate accessory building in front yard area at corners of Fox Avenue, Equestrian Avenue and Private Road, Fishers Island, New York. The findings of the Board are that this is the most logical place to locate an accessory building as the legal backyard is practically non-existent and it will not cut off any- one's view. The Board finds that it is an unusual hardship to have three front yards. 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 same 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, Caroline A. Talbot, 23 Plymouth Road, West Hartford, Connecticut be GRANTED permission to locate accessory building in front yard area at corners of Fox Avenue, Equestrian Avenue and Private Road, Fishers Island, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. C O Legal Notice - Southold Town Board of Appeals Page 2 8:30 P.M. (E.D.S.T.) upon application of Susanna S. Doyle, Madeline Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to maintain hedge over maximum height in front, side and rear yards. Location of property: North side of Madeline Avenue, Fishers Island, New York, bounded on the north by H. Zabohonski; east by L. Boyd; south by Madeline Avenue; west by E. Puscarz. 8:45 P.M. (E.D.S.T.) upon application of Mr. and Mrs. Philip Pavia, Midland Parkway, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule, for permission to use residence with insufficient setback. Location of property: Lot 1, Seawood Acres, Midland Parkway, Southold, N. Y. 9:00 P.M. (E.D.S.T.) upon application of Paul K. and Thelma W. Daland, 186 Willow Terrace Lane, Orient, New York for a varianc in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to erect accessory building in front yard area. Location of property: 186 Willow Terrace Lane, Orient, New York, bounded on the north by Cooper & Others; east by R.O.W. and Willow Terrace Sub.; Harbor. 9:15 P.M. (E.D.S.T.) south by P. Frey & Wf.; west by Orient upon application of Caroline A. Talbot, 23 Plymouth Road, West Hartford, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in front yard area. Location of property: cor. Fox Avenue, Equestrian Ave. & Pvt. Rd. Fishers Island, N. Y., bounded on the north by Private Road to Manson House Cottage; on the east by Equestrian Ave.; south by Fox Avenue; west by D. Auchincloss. PUBLISHER'S CERTIFICATE State of Connecticut County of New London, ) ) ss. New London LEGAL NO. 724I Town of Southold Notice of He~rlngs Pursuant to Section 267 of the Town ] Law and the provisions of the Amend i ed Building Zone Ordinance of thai Town of Sauthold, New ¥0rk, public, hearings will be held by the Zoning l Board of Appeals, at the Town Office, ~ Main Road, Southold, New York, on' September 25, 1975, on the following, appeals: flon of Susanna s. DOYle, Madeline Avenue, EIshers Island, New York for a variance in accordance with the Zoning Ordinance, Article IlL Sec. tion 100-35 for bermJssJon to maintain hedge over maximum height In front, side and rear yards. Location of prop erfy: North side of Medeline Avenue, Fishers Island, New York, bounded on the north by H. Zabahonsk]; east by L. Boyd; south bt nue; west by E. Puscarz. 9:15 p.m. (E.D.S.T.) upon a tlon of Caroline E. Talbot, 23 Ply- mouth Road, West Hartfoe'd, Co.nec. with the Zoning Ordinance, Article III, Sectfofl 100-32 for permission to the above appeals should appear at the time and place above specified. On this 30th day of September A.D. 19 75, personally appeared before the undersigned, a Notary Public, within and for said County and State, A. G. Almeida Controller newspaper published London, State states on oath, Doyle, of THE DAY, a daily evening at New London, County of New of Connecticut, who being duly sworn, that the Order of Notice in the case of Talbot Applications L# 724 a true copy of which is hereunto annexed, was published in said newspaper in its issues of the 18th days of September A.D. 1975. Subscribed and s~orn to before me this 30th day of SEptember A.D. 1975. (J Notary Public. by E. Puscarz. 8:45 P.M. (E.D.S.T.) upon ap- plication of Mr. and Mrs. Philip Pavia, Midland Parkway, South- old, New York for a variance in accordance with the Zoning Ordi- nance, Article 111, Section 100-30 & Bulk Schedule, for permission to use residence with insufficient setback. Location of property: Lot 1, Seawood Acres, Midland Park- way, Southold, N.Y. 9:00 P.M. (E.D.S.T.) upon ap- plication of Paul K. and Thelma W. Daland, 186 Willow Terrace Lane, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to erect accessory building in front yard area. Location of property: 186 Willow Terrace Lane, Orient. New York bounded on the north by Cooper & Others; east by R.O.W. and Willow Terrace Sub.; south by P. Frey and Wf.;west by Orien& Harbor. -- --- 9:15 P.M. (E.D.S.T.) upon ap- plication of Caroline A. Talbot 23, Plymouth Road, West Hartford, Connecticut for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Section 100-32 for permission to locate accessory building in front yard area. Loca- tion of property: cor. Fox Avenue, ' Equestrian Ave. & Pvt Rd., Fish- ers Island, N.Y., bounded on the north by Private Road to Manson House Cottage; on the east by Equestrian Ave.; south by Fox. Avenue; west by D. Auchincloss. 9:25 P.M. (E.D,S.T.! upon ap- plication of Henry M. Aldrich, Minnehaha Boulevard, Southold, New York for a variance in ac- cordance with the Zoning Ordi- nance, Article 111, Section 110-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of pro- perty: Minnehaha Blvd., South- old, bounded on the north by Minnehaha Blvd.; east by G. Berge; south by Ertock & Catan; west by Newman. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: September 11, 1975 BY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEALS 1T-9/18 LEGAL NOTICE Notice of Hearings Pursuant to Section 26~ o~ the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southuld, Now York, at the Town Office, Main Road, Southold, New York, on September 25, 1975, on the following appeals: 7:50 P.M. (E.D.S.T~) tipon application of Wickham & Lark a- c Karl & Sophie Lanzer, 27 Sunny Road, St. James, Now York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Section 280A Town Law, for permission to divide property with reduced frontage on Main Road, and for approvai of access to one lot. Location of property: ~outh side Main Road, Southuld, ~lew York, bounded on the north )y M~in Road (Route 25) & L. Wilkinson; east by G. Nickles; south by F. Woodward; west by Cox, Burns, Brestor. · 7:45 P.M. (E.D.S.T.) upon apolication of Herbert H. Wells, Jr., Wells Pontiac-Cadiliac Inc., Route 25, Peconic, Now York for a special exception in accordance with the Zoning Ordinance, Articles VI and III, Section 1O0- 60-C (3) and 100-30-C (6) (f) for permission to erect second ground sign. Location of property: Route 25, Peceaic, New York, beonded on the north by L. Gozelski; east by L. Gozelski; south by Main Road (Route 25); west by Peconic Lane. 0:10 P.M. (E.D.S.T.) upon application of Earl D. and Margaret N. Templeton, Peconic Bay Boulevard, La~el, New York for a variance in ac- cordance with the Zoning Or- dinanco, Article III, Section 100- 30 & Bulk Schedule for per- mission to divide property with insufficient frontage and area. Location of property: South side of Pecoaic Bay Blvd., Lava*el, Now York, bounded on the north by Peconic Boy Blvd.; east by now or formerly F. Russell; south by Peconic Bay; west by now or formerly Potdevin. 8:~0 (E.D.$.T.) upon ap- Plieatiea of SU~'~ S. DOYle, Madeline Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to maintain hedge over maximum height in front, side and rear yards. Location of property: North side of Madeline Avenue, Fishers Island, New York, bounded on the north by H. Zabohonski; east by L. Boyd; south by Madeline Avenue; west by E. Pusearz. 8:45 P.M. (E.D.S.T.) upon application of Mr. and Mrs. Philip Pavia, Midland Parkway, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule, for permission to use residence with insufficient setback. Location of property: Lot 1, Seawcod Acres, Midland Park- way, Southold, N.Y. 9:00 P.M. (E.D.S.T.) upon application of 'Paul K. and Thelma W. Dalan-d, 186 Willow Terrace Lane, Orient, New York for a varance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to erect accessory building in front COUNTY OF SUFFOLK, ~ ss: STATE OF NEW YORK, j S~cuar'c C, Dorman being duly Sworn, says that . ...b.c.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in said countyl and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times One (].) weeks once in each week, tot ........................... successively commencing on the .... .E. ig.h.l;e..e.r~b -" Sppt~l~.er 19 7 5 day of ........ .. -~_~_.., ~' '."' .... Sworn to bi, fore, me this .. ~.. .... ;'~ day of ..~.~(?~. 19.7~.. ! .~_~ yard area. Location of Property: 186 Willow Terrace Lane, Oriont, New York, bounded on the north by Cooper & Others; east by R.O.W. and Willow Terrace Sub.; south by P. Froy & Wf.; west by Orient Harbor. -- 9:15 P.M. (E.D.S.T.) upon application of Caroline A. Talbot, ~oedP. l~Ymou~ Road, West Hart- . , ~annecticut for a variance in accordance with the Zoning Ordinance, Article III, Soclion 100-32 for Permission to locate accessory building in front yard area. Location of property: cor. Fox Avenue, Equestrian Ave. & Pvt. Rd. Fishers Island, N.Y., bounded on the north by Private Road to Monson House Cottage; .on ~.he east by Equestrian Ave.; south by Fox Avenue; west by D Auchincless. 9:25 P.M. (E.D.S.T.) upon application of Henry M. Aldrich, Minnehaha BOulevard, Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section I10- 30 and Bulk Schedule for per- mission to divide property with insufficient width and area· Location of property: Minnehaha Blvd., Southold, bounded on the north by Mianehaha Blvd. east by G. Barge; south by Ertock & C~tan; west by Newman. Any person desiring lo be heard on the above appeals should appear at the time and place above specified. Dated: September 11, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, September 18, 1975, and FOR~ WARD EIGHT (0) AFF/DAV1TS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on September 11, 1975: Suffolk Weekly Times Long Island-Traveler-Maitituck Watchman Supervisor Albert M. Martocchia Rickham & Lark a-c Karl & Sophie Lanzer Herbert W. Wells, Jr. Earl D. Templaton Susanna S. Philip PaviaD°yle Paul K. Daiand Caroline A. Talbot Henry _M. Aldrich FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL .... ~.:.~...7~g~.~...~.~ ............... / For permit; --....,.....~__...,___ ,.~.,,..j_,'o construct ~ ~/cj :t "~e premises located at r~ disapproved on the following grounds ........................... ~ .................... .:~...~s...~>.~..?~,.~.~ ........................................................................................ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.C~ DAtE TO THE ZONING BOARD OF APP.EALS, TOWN OF SOUTHOLD, N. Y. (We) ....... ..................... of ..... ...................................... Name of Appellant Street and Number ........ ~..~.~.~.~.~ ................................................................. g.~.~.: ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL~ING INSPECTOR ON c'~/_/ APPL,CAT,ON EaR PERM,T NO ..................................... DATED .......... ......................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit for Accessory Building in Front Yard Corner Fox Ave , Equestrian Ave , & P~ivate Rd "A" Dist. 1. LOCATION OF THE PROPERTY ............................... : ......................: .................. : .......... :.?.. Street Use District on Zoning Map X X Fishers Island lv~op 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.) Art. III Sec. 100-32 3. TYPE OF APPEAL Appeal is made herewith for (×) 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 (~i~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a 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 ~orm ~BI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because a back yard is essentially nonexistent and the topography of the land is such that location chosen is most feasible site for such accessory buil&ing which will be used as a toolshed. 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 o£ the topography of the land. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because such an accessory building located as proposed is not visible to i~mediate neighbors and is hidden in a grove of trees. Building is attractive being of clapboard siding, fottr windows, and door. COUNTY OF ) S~gnature Sworn to this (,~t~. ~ .............................................. day of ..... ................................ No. 52 9509185 Quaiiied in Suffolk Cou~ly~ FOB,M NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................................................. 19 ............ INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets o: areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No buitding shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (Signature of applicant, or name, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Caroline A. Talbot Name of owner of premises .................................................................................................................................................... if applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..................................................... Plumber's License No ................................................. Electrician's License No ............................................. Other Zrade's License No ............................................... 1. Location of land on which proposed work will be done. Map No.: ............... .~ ...................... Lot No. Corner Fox Ave. ~ Equestrian Ave., & Private Road, Fishers Island Street and Number ........................................................................................................................ ........ 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: Private single £amil~( dwelling a. Exisiting use and occupancy ............................................................................................................................... b. Intended use and occupancy ..~..~.~.e...~.9.~..e.~.~...~?.~..b.~.~...~..g~....~.9..~..~.9~.e.~...~.~.~..~.~..e...~.~....~..~..~..~:.s.~.~ .............. 3. Nature of work (check which applicable): New Building. ................. Addition '"~6 ........... Alteratic~ ............. tvt~ ye accessoryDuz~L~ng Repair .................. Removal .................. Demolitior .................... Other Work .~.o...~.o.?..e.~'~.?.. ........................... (Description) 4. Estimated Cost ...~.3..0..0. ................................................. Fee .......~.~.0. ........ (to be paid on filing this application) 5. If dwelling, number of dwelling units ..... .~./...A.. ................ Number of dwelling units on each floor ...~T/..A.. .................. If garage, number of cars Accessory building for use as tooished. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ....3../..A.. .................. 7. Dimensions of existing structures, if any: Front ....~./:~. .................. Rear ...... .~./..A.. ................... Depth ..... .~./...A. ......... Height ...... ~/..A. ............ Number of Stories ....... ~/...A. ............................................ NA Dimensions of same structure with alterations or additions: Front ....~/..A. .......................... Rear ...../.: .................... Depth ....... ~/..A. ................... Height ..... .3../...A. ................. Number of Stories ......... ~/..A. ................. 8. Dimensions of entire new construction: Front ....... .9..'.?.'~ ..................... Rear ...... .9.. '. .9. .'~ .............. Depth ....8..'..6..'.' ............. Height 8'8" Number of Stories 1 9. Size of lot: Front 121.6 Rear 142.6 Depth ]37.1/.158.6 10. Date of Purchase ....0.e.t:..o..b..e.~.~....]:.~ ........................... Name of Former Owner ....0..:..~..:..~.o.~.a... ................................ ! 1. Zone or use district in which premises are situated A Res.-Agrza. D~.st. 12. Does proposed construction violate any zoning law, ordinance or regulation: ....~..e.~..2..]:..°.?..~.~.~.°..~. ......................... 13.k,,Will lot be regraded ..~.©. ...... '~'~'~.~'~ A Talbot Will excess fill be removed f~qmL~lre~m~,~, (Rd) Yes (x) No 14. h, ame of Owner of premises ............. !... · Address ~ Ht~ ~ C.o.~n~ Ph~n~ 233-611~ ................................... o~q_~_~ .................... No ....................... Name of Architect .............................................................. Address ................................Phone No ....................... iXiame of Contractor ............................................................Address ................................Phone No ....................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-bock dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner Jot. STATE OF NEW~ORK/~i ,~/~ ~SS ....... ~'.~~ ...... ~ ..... I~~ ................. being duly sworn, deposes and says that he is the appliconl (Name of individual signing contract) above named. Ne is the ..... ~ ................................................. . (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application ore true to the best of his knowledge and belief; and that the work will be performed in the manner set fo~h in the application filed therewith. Swor~ ~efore me this Elbe · Rm ,~,, IJ~_ (Signature of applicant) quaJitied in Suffolk Cou.Jy~ JUDITH T. BFIKEN 0 FF~~RK SOUTHE}LD, L. I., N. Y. 11971 September 9, 1975 To: Zoning Board of Appeals From: Judith T. Boken, Town Clerk Re: Application of Caroline A. Talbot for a Variance - Appeal No. 2080 I have on file in my office notification by Registered Mail to: Mrs. David Auchincloss, 163 E. 94th Street, New York, N.Y. 10028 /2./6' 2, % COUNTY OF SUFFOLK ~, .................. 009