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HomeMy WebLinkAbout2616 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~' ~' - - DATE .Se~tezn.b.e~..25. 1979 TO THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, N. ¥. -l, (w~) $.t~.i~.~d.:~l~.~.~D.~.b..~.n..: ........... of ..2..9.~..B~.~.d.~!L6.~..e.~.~.e....[...: ............................ N~me_of Appellant Street and Number .............. ~.e...e.p.o.,r..t ................................................................. .~...e..~.....~...°.~.~......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of Z~3..Ra ~u/al/. ~.v.e n~e, ................ ~.r.e elao~, .................. ~..~...~.9.r..k.. ............... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE - ~ t~esidential LOCATION OF THE Street Use District on Zoning Mop 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 Do not quote the Ordinance.) Article III Section 100-31 and Bulk Schedule (x ( 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 Se(}. 280A S~bsection 3 4. PREVIOUS APPEAL A previous appeal te'~,~(h?s not) been ~ade 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 ................................. Doted ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Porm Z~B1 (Continue on other side) REASON FOR APPEAL I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Applicant seeks to construct a house 66 feet wide on a lot being a width of 90 feet. One side yard would be 10 feet and the other side yard 15 feet. The Applicant has been advised by the Building Inspector that this Vari- ance Application iR necessary because the side yards do nbt total 26 feet 3 inches and because there is not a side yard no less than 11 feet 3irlches on one side. 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 the lot is an under-sized lot, and in order to build an attractive house, the Applicant seeks to have a total side yards of 24 feet with one side yard being 10 feet. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the house to he constructed would be in generally keeping with the character , size and shape of other houses in the neighborhood, and the granting of the Variance would not alter the character of the neighborhood since in reflect, all the Applicant is seeking, is to red. he side yard of 11 feet 3 inches to 10 feet and the other side yard from 15 feet to 14 feet. for total side yards of 24 feet rather than the required 26 feet 3 inches. STATE OF NEW YORK )/] COUNTY OF.~, SS Sworn to this .............. ~..5..t.h.. ....................... day of...~gPt~..zP..];).~r ................................ 19 79 $outho!d.,,?.o Boardo£Appeals October 11, 1979 APPEALS BOARD MEMBERS CHAR LES GR IGONIS, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERTJ. DOUGLASS· Acting Chairman Gary Flan~er Olsen, Esq. Main Road· P.O. Box 38 Mattituck, New York 11952 Re: Appeal No. 2616 Application of Stuart F. Dubon Dear Mr. Olsen: At a public hearing held by the Southold Town Board of Appeals on October 11, 1979, action was taken to have the subject application withdrawn without prejudice, pursuant to your request. Sincerely yours, Linda F. Kowalski, Secretary For: Robert J. Douglass Acting Chairman Legal NoticesO -3- ~tober 11, 1979 north by Clearview Avenue, south by Goose Creek, west by Gagen's Landing Road, east by Gagen, Lademann and Delyanis. ~5 P.M. ID.S.T.I Upon application of stuart F. Dubon, 293 Randall Avenue New York, (Gar Flanner Olsen, Es~ for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct a dwelling with insufficient sideyard. Location of property: Southern Cross Road (or South Cross Road), Cutchogue, New York; bounded north by South Cross Road; south by Hunt, Gurican, Milito; west by Moon; east by Wolber. 9:25 P.M. (D.S.T.) Upon application of Mattituck Holding Co. Mill Road, Mattituck, New York, for a Special Exqeptio~ to the Zoning Ordinance, Article VIII, Section 100-80B(15) for permission to construct a boat storage shed. Location of property: West Mill Road, Mattituck, New York; bounded north by Holmes, Killian; south by Foudy, Ziegler, McGunnigle; west by Leo Grande, Inlet Lodge Inc.; east by Mattituck Creek. 9:40 P.M. (D.S.T.) Upon application of Kiwanis Club of Southold, Box 150, Peconic, New York, for a Special Exception to the Zoning Ordinance, Article III, Section 100-30B4.a, for permission to place building for charity use in a residential district. Location of property: Route 25 and Lower Road, Southold, New York; bounded north by Lower Road, south by Route 25, west by Route 25, east by Goldsmith. 9:50 P.M. (D.S.T.) Upon application of Kiwanis Club of Southold, Box 150, Peconic, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-30B2, for permission to place building for charity use with insufficient frontyard setback. Location of property: Lower Road and Route 25, Southold, New York; bounded north by Lower Road, south by Route 25, west by Route 25, east by Goldsmith. 10:00 P.M. (D.S.T.) Upon application of Ralph H. Dickinson, by Abigail A. Wickham, Esq., Main Road, Mattituck, New York, for a Variance to the Zoning ordinance, Article III, Section 100-30 and Bulk and Park Schedule, for permission to construct a dwelling with insufficient frontyard and sideyard setbacks. Location of property: Off Peconic Bay Boulevard, Laurel, New York; bounded north by Heck and Graham, south by Great Peconic Bay, west by McDowell, east by Arthur. ~ LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and Provisions of the Amended Building Zone Ordinance of Southold Town, New York, public hearings will be held by the Zoning Board of Appeals at Town Hall, Main Road, Southold, New York, on Thursday, Oc- tober 11, 1979 on the following hearings: 7:30 P.M. (D.S.T.) Upon application of Charles and Edna Hart, Smith Drive South, Soutbeld, New York, for a Variance to the Zoning Ordin- ance~ Article III, Section 100- 31, for permission to subdivide with insufficient area and for permission to construct dwel- ling with insufficient rearyard setback. Location of property: Smith's Drive North, South- ol& New York; bounded north by Smith Drive; south by Smith Drive South; east by Smith Drive South: west bv Carway and Hoffman. 7:45 P.M. (D.S~T.) Upon application of Thomas and Jacqueline Occhiogresso, 77 Vanderbilt Boulevard, Oak- dale, New York (Irving L. Price, Esq.), for a Variance to the Zoning Ordioanee, Article II1, Section I00-31, for permis- sion to construct dwelling with insufficient frontyard setback. Location of property: Corey Creek Lane, Southold, New~ York, bounded north by Corey Creek Lane: south by Corey Creek; west by Hammer- sehlag; east by Corey Creek Lane. 8:00 P.M. (D.S.T.) Upon application of Reich Brothers Automotive Service Inc., Front Street, Greenport, New York (William H. Price, Jr., Esq.), for a Special Exception to the Zoning Ordinaece, Art- iele IX, Sections 100-90 and 100-91, for permission to oper- ate an Automotive Repair Shop. Location of property: Rocky Point Road, East Mar- ion, New York; bounded north by Edwards; east by Estate of Nowell; south by Muir; west by Rocky Point Road. 8:15 P.M. (D.S.T.) Upon application of Gertrude C. McLean, Blue Marlin Drive, Southold, New York (George C. Stankevich, Esq.), for a Variance to the Zoning Ordin~ once, Article III, Section 100- 31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law, Section 280A for approval of access. Location of property: Private Road, Southold, New York; bounded north by Dav- is, south by Wendell, west by Hart, east by Goose Creek Lane Association. 8:25 P.M. (D.S.T.) Upon application of Gertrude C. Mc- Lean, Blue Marlin Drive, Southold, New York, (George C. Stankevich, Esq.) for a Variance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct dwelling with insufficient front and rear-yard setbacks, and New York Town Law, Sec- tion 200A for approval of ac- cess. Location of property: Private Road, Southold, New York~ bounded north by Ken- nedy, south by Davis, west by Private Road, east by Goose Creek Lane Association. 8:35 P.M. (D.S.T.) Upon application of Robin A. Rae- burn and Mary Elizabeth Mur- phy, by George C. Stankevich, Esq., Main Road, Southold, New York, for a Variance for approval of access, New York Town Law, Section 280A. cation of property: Bridge Lane Extension, Cutehogue, New York; bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Properties, east by Parr. 8:50 P.M. (D.S.T.) Upon application of Ronald J. Edeen, Main Road, East Mar- ion, New York (Rudolph R. Bruer, Esq.), for a Variance to the Zoning Ordinance, Art- iele III, Section 10041, for per- mission to subdivide property with insufficient area and wiclth. Location of property: Main Road, East Marion, New York; bounded north by Rey- bine, south by Main Road, west by Limouze, east by Dam Pond. 9:00 P.M. (D.S.T.) Upon application of Vincent and Catherine Acunto, 35 Glenrich Drive, St. James, New York (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct dwelling with insuffic- ient frontyard setback. Loca- tion of property: Gagen's Landing Road and Clearview Avenue, Southold, New York; bounded north by Cloarview Avenue, south by Goose Creek, west by Gagen's Landing Road, east by Gagen, Lade- mann and Delyanis. 9~15 P.M. (D.S.T.) Upg~[ ' application of ~5tuart F. Du- Don, 293 ~anaan ^venu% [ree orrr l~ew ~orx, ~uar , ance, Article III, Sectionq00- 31 for permission to construct a dwelling with insufficient sideyard. Location of proper- ty: Southern Cross Road (or South Cross Road), Cut- chogue, New York; bounded north by South Cross Road;J south by Hunt, Gurican, Milt-1 to; west by Moon; east Wolber. 9:25 P.M. (D.S.T.) Upo~ application of Mattituck Hold- ing Co. Mill Road, Mattiturk, New York, for a Special Ex- ception to the Zoning Ordin- ance, Article VIII, Section 100- 80B(151 for permission to con- struct a boat storage shed. Location of property: West Mill Road, Mattiturk, New York; bounded north by Holmes, Killian; south byFoa- dy, Zieglor, McGunnigle; west by Leo Grande, Inlet Lodge Inc.~ east by Mattituek Creek. 9:40 P.M. (D.S.T.) Upon application of Kiwanis Club of Soathold, Box 150, Peconie, New York, for a Special Ex- ception to the Zoning Ordin- ance, Article III. Section 80B4.a, for permission to place building for charity use in a residential district. Location of property: Route 25 and Lower Road, Southold, New York; bounded north by Lower Road, south by Route 25, west by Route 25, east by Goldsmith. 9:50 P.M. (D.S.T.) Upon application of Kiwanis Club of Soathold, Box 150, Peconic, New York, for a Variance to the Zoning Ordinance, Article III, Section 100-30B2, for per- mission to place building for charity use with insufficient frontyard setback. Location of property: Lower Road and Route 25, Southold, New York bounded north by Lower Road, south by Route 25, west by Route 25, east by Gold- smith. 10:00 P.M. (D.S.T.) Upon application of Ralph H. Dick- inson, by Abigail A. Wickham, Esq., Main Road, Mattituck, New York, for a Variance to the Zoning Ordinance, Article III, Section 10~30 and Bulk and Park Schedule, for per- mission to construct a dwel- ling with insufficient front- yard and sideyard setbacks. Location of property: Off Pc- conic Bay Boulevard, Laurel, New York; bounded north by Heck and Graham, south by Great Peconic Bay, west by McDowell, east by Arthur. 10:10 P.M. (D.S.T.) Upon application of Southold Towff Democratic Committee, Southold, New York for a Special Exception to the Zon- ing Ordinance for permission to erect an off-premises direc- tional sign. Location of pro- perty: Main Road, Southold, New York; bounded north by DeFriest, south by Radich, west by Main Road, east by Southold School District No. 5. 10:20 P.M. (D.S.T.) Upon application of Southold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance, for permission to erect a- off-premises di- rectional sign. Location of property: Tabor Road and Main Road, Orient, New York; bounded north by Main Road, Ferreira, Gloria, Wer- inkowski, south by Orient Cen- tral Cemetery, west by Tabor Road, east by Terry. 10:35 P.M. (D.S.T.) Upon application of Southold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance, for permission to erect an off-premises di- rectional sign. Location of property: Main Road, South- old, New York; bounded north by Willow Hill Cemetery; south by Bogovic, Goldsmith, west by Lower Road, east by Main Road. 10:45 P.M. (D.ST.) Upon application of Southold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance, for permission to erect an off-premises direc- tional sign. Location of proper- ty: Main Road, Southold, New York; bounded north by Trav- eler Street, south by Main Road, west by Pudge Corp. and Doughorty, east by South- old Free Library. 10:55 P.M. (D.S.T.I Upon application of Southold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance, for permission to erect an off-premises direc- tional sign. Location of proper- ty: Main Road, Orient, New York; bounded north by Main Road, south by Orient Harbor, west by Aha, east by Welles. 11:05 P.M. (D.S.T.) Upon application of Southold Town Democratic Committee~ Southold, New York, for a Special Exception to the Zorn lng Ordinance, for permission to erect an off-premises direc- tional sign. Location of proper- ty: County Road 27 and Cox Lane, Cutchogue, New York: bounded north by County Road 2, south by Pietrewiez, west by Pietrewicz, east by Cox Lane. 11:15 P.M. (D.S.T.) Upon aoDlioation of Southold Town Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance to erect an off- premises directional sign. Lo- oation of property: County Road 27, Peconic, New York; bounded north by County Road 27. east and south by Suffolk County, west by Gral- ton and others. 11:20 P.M. (D.S.T) Upon application of Southold To~/n Democratic Committee, Southold, New York, for a Special Exception to the Zon- ing Ordinance to erect an off- premises directional sign. Lo- cation of property: Main Road, Laurel, New York: bounded north by Main Road, south by Murphy, west by Rodden and others, east by Old Main Road. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TP4-3299 ng duly Sworn, 'the SUFFOLK eenport, in said ced is a printed WeekD/ Times ........ weeks LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of 9:15,~P:l~f~D. S.T.) Upon =2~Yl~an d~l] Av~6fie, ~mg '(~dinance, Article HI, Section 100-31 for per- mission to construct a dwelling with insufficient sideyard. Lo- cation of property: Southern Cross Road (or South Cross Road), Cutchogue, New York; bounded north by South Cross Road; south by Hunt, Gurican, Milito; west by Moon; east by Wolber. 9:2S P.M. {D.S.T.) Upon application of Maffituck Hold- ing Co., Mill Road, Martituck, New York, for a Special Exception to the Zoning Ordin- ance, Article VIII, Section 100- 30B4.a, for permission to place building for charity use in a residential district. Location of property: Route 25 and Lower Road, Southold, New York; bounded north by Lower Road, south by Route 25, west by Route 2S, east by Goldsmith. 9:S0 P.M. (D.S.T.) Upon application of Kiwanis Club of Southold, Box 1S0, Peeonic, New York, for a Variance to the Zoning Ordinance, Article 111, Section 100-30B2, for permission to place building for charity use with insuffi- · tion of property: Lower Road and Route 2S, Southold, New · York; bounded north by Lower Road, sou~h by Route 25, west by Route 2S, east by Gold- [ smith. 10:00 P.M. (D.S.T.) Upon application of Ralph H. Dick- lnson, by Abigail A. Wickh~m, Esq., Main Road, M&ttituck, New York, for a Variance to the Zoning Ordinance, Article Ill, Section 100-30 and Bulk and Park Schedule, for permis- sion to construct a dwelling with insufficient frnntyard and . sideyard setbalcks. Location of property: Off Peconic Bay Boulevard, Laurel, New York; bounded north by Heck and Graham, south by Great conic Bay, west by McDowell, east by Arthur. 10:10 P.M. (D.S.T.) Upon application of Southold Town Democratic Committee, South- old, New York for a Special Exception to th& ,zoning Ordin' off-premises directional sign. i Location of prnpe.y: .¥9 COUNTY OF SUFr-OLK 5!-~,TE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold, in Suffolk CounW; aad that the notice of which the annexed is a printed copy, ~as been published in said Lanai Island Traveler-Watch- man once each week for .......... ./. ........................... weeks successively, commencing o~ the ....~. ................................. Notary Public TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, No Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ............................... ..'~..,~......~.J..., 19...-~..~. for permit to construct .~ ................ at the premises located at .................................... ~~ ~0~ ~0~ Street ~O~~ Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ..... /...~...-~..~...~..~.../...~.~..../~...'~.. ................ .~..~..~ ~ ........ ~.~ .......................... ,fi.~,..~ ............ ../..~.-...~/. .................................... Building Inspector E /to- F-~ I,dOLFEj2' .._q' I~O-~- 3'9 [4u ~JT 9-0 Gu'RIC~/ ~1 MIL i T 0 JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS K Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 To: From: September 26, Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk 1979 Transmitted herewith is Zoning Appeal No. 2616 application of Stuart and Eleanor Dubon for a varian?e. Also included are notification to adjOining ~roperty o~ners as follows. Mr. &Mrs. Alfred Wolber, 88-49 76th Street, Wood Haven, ~.Y. 11421, John HunT, 300 Edwards Street, Roslyn Heights, N.Y. 11577; Jerry Gurica~ South Cottage Street, Valley Stream, N.Y. 11580; Comillo and Frances Milito, '~4 Memphis Avenue, Floral Park, N.Y. 11001; Inez Moon, Southern Cross Road, \tchogue , N.Y. 11935. Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matte~of the Petition of Stuart and Eleano~ Dubon to the Board of Avoeais of the Town of Southold TO: Mr. and Mrs. Alfred Wolber John Hunt Jerry Gurican Comillo and Frances Milito Inez Moon YOU ARE HEREBY GIVEN NOTICE: NOTICE 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)]~r~~ ' - ~ ' '- Retlr~;lhe following relief: Side Yard Variance ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Nr~wth hy So, thC'rosa Road.. East by Wolber.. South by Hunt. ~ux-iaan & Milito; West by Moon. 3. That the property which is the subject of such Petition is located in the following zoning district: A_~e~ulh~ral/ Resident~l. 4. That by such Petition, the undersigned will request the following relief: Side Yard Variance 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Awf{~-la TTT ~,~tJr~q ]O0-.~l {and R~{11c Schedule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of AppealS; that a notice of such hearing must be published at least f hearing in the Suffolk Times and in the Long Island ' ire daj~-l~or to the date of s.u.ch · . Traveler-Matt,tuck Watch~n, ne~fspapers Published ,n the Town of Southold and designated for the publicat, on of such notices; that y~(, or vou~' repre~entat,ve have the right to appear and be heard at such hearing. Dated: Seotemb er 25, 1979 Pe&~iti~r ~a~-'~la~ner Olsen, Post Office Address ]o. O_ Sox 38. Main Road ~ Mattituck. New York 11952 NAME Mr. and Mrs. Alfred Wolber John Hunt Jerry Gurtcan Comillo and Frances Mllito Inez Moon PROOF OF MAILING OF NOTICE ADDRESS 88-49 76th Street, Woodl~aven, New York 11421 300 Edwards Street, l~oslyn-Heights, NY l157T 25 South Cottage Street, Valley Stream, NY 11580 154 Memphis Avenue, Floral Park, NY 11001 Southern Cross l~oad, CutehogUe, 'New York 11935 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) che~l~vnn Russell , residing at Mat~tuc~. New York . being duly Sworn, dep~ and ~ys that on the 2R~h day of September ,19 T9 , deponent mail~ a true copy of the Notice ~t fo~h on the r~ ve~ side hereof, directed to ~ch of ~e abov~named ~ons at the addr~ set opposite ~r r~tive name; that the addr~ ~t opposi~ the nam~ of ~id ~ns are the addr~s~ of ~id penons ~ shown on ~e cu[[~t ~ment roU ~ ~e Town of Southold; that ~id Notic~ were mail~ at the Uni~ S~t~ Post ~e at Mattituck. ~New York ; that said Notic~ were mailed to each of ~id persons by (cenifi~) ~) mail. Sworn to b ~ GARY FLAhlI~ER OLDEN Nolmy Public, State of ~ Y~ No. 52-2959~0 Q~lif~ In S~lk ~n~ T~ ~im ~ ~, 1911 ~Cherte Lyn~ussell TUT-NOTE GARY FLANNER OI.SEN 0 TO: Board of Appeals, Town of Southold Town Hall - Main Road Southold, New York 11971 Re: Stuart & Eleanor Dubon File # 1541 Gentlemen: Enclosed herewith please find Variance application, Notice of Disapproval and my check in the amount of $15.00 to cover the filing fee re the above matter. cc: Mr. &~rs. ~uart Dubon SIGNED ATE 9126179 ra SIGNED DATE:__