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HomeMy WebLinkAbout3277 lappe Southold Town Board o als HAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1~1:371 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3277 Application ~ated July 3], ]984 TO: Mrs. Marie J. Patterson 12 Turnwood Court Hempstead, ~NY 11550 (Public Hearings 11/15/84 and 1/10/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January 24, ]985 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Ar~icle III , Section ]00-3], Bulk Schedule ~ [ ]' Red, est for Application of MARIE J. PATTERSON, 12 Turnwood Ct., Hempstead~ for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of ~nsufficient area (and width) of two parcels in this proposed division of land located at the South Side of Peconic Bay 5oulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-17. NY The board made the following findings and determination: This is an appeal from Article III, Section lO0-31, Bulk Schedule of the Zoning Ordinance for approval of insufficient area (and width) of two proposed parcels: (a) Parcel 1 propcsed with an area of 23,171 sq. ft. and lot width of 85 feet [exclusive of 15' right-of-way] and (b) Parcel 1 proposed with an area of 22,700 sq. ft. Existing on proposed Parcel 2, the southerly parcel are a two-story, one-family dwelling and accessory storagergarage structure which is located in the "frontyard" area. Parcel 2 fronts along Peconic Bay approxi- matel.y 101 feet and is bulkheaded. Parcel No. 1 is vacant. 'The board members have personally visited the site in question and are familiar with the character~ of the residential neighborhood. Abutting the subject premises on the west are improved lots of approximately 1'0,000 sq- ft. in area. Abutting the subject premises on the east are lots of approximately 15,000 sg. ft. in area. The board members ha~e taken a~l '%estimon~ in behalf and in opposition at the public hearings, which were held on November 15, 1984 and January 10~ 1985, in rendering this determination. The board ha~ fo-und as follows: (1). that this proposal would not be out of character of the neighborhood since there are lots improved with one-family dwellings substantially smaller than %hat proposed here~n; (2)_no adverse effects will ~e prQduced on available governmental facilities of any increased population since this Is a request for one additional building lot; (3) that the circumstances of this appeal are unique since the applicant's (CONTINUED ON PAGE TWO) DATED: January 29, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appeal No. 3277 Matter of MARIE J. PATTERSON Decision Rendered January 24, 1985 property is surrounded by lots substantially smaller; (4) the relief requested will be in harmony with the purposes of zonin§ and precedents set by the courts; (5) that the interests of justice wi!! be served by allowing the variance, by reason of the fore§oing. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doug- ]ass~ it was RESOLVED, that.Appeal No. 3277, in the Matter of MARIE PATTER- SON BE AND HEREBY IS GRANTED THE FO[LD~NG RELIEF: 1. Lot No. '1 shall contain'~'n'area of not less than 25,000 sq. ft. in area (inclusive of the right~of-way area), and Lot No. 2 shall be adjusted accordingly similar to the plan surveyed August 16 1982, amended June ll, 1984L 2. There be no setback reductions for new construction to less than that permitted by the zoning regulations. Location of Property: sou~h Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-17. Vote of the Board: Ayes: Mess~s.~Goe~ringer~ Gri§onis, Doyen and Douglass. (Member Sawicki was absent.) This resolution was unanimously adooted. ~k GERARD P. GO~I~GER, CH~MAN January 2~., ' 1985 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of ~he Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held at the Southold Town Hall, Main Road, Southold, NY by the Southold Town Board of Appeals at a Regular Meeting on THURSDAY, NOVEMBER 15, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for?ALEXANDER AND ELIZABETH STOLLMEYER, by R. Cron Esq,, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, (Al06) for approval of insufficient area of a parcel to be set-off in this division of land identified as County Tax Map Parcel No. 1000-054-05-45.8 and 45.9 (45.7), and located on the South Side of North Sea Drive and the North Side of Soundview Avenue, Southold, NY. 7:35 p.m. Application for JOHN WICKHA~, Main Road, Cutchogue, NY (by A. Wickham, Esq.) for a Variance to Amend Conditions 3, 7 and 8 of the 6/28/84 decision rendered Under Appeal No. 3222 and Article VI, Section 100-60 in a proposal to establish business office for marine contracting with accessory use for storage and repair of contractor's own vehicles and equip- ment, at 67576 Main Road, Greenport, NY~ County Tax Map Parcel No. 1000-052-05-058. 7:45 p.m. Application for JAMEs AND BEULAH RICKETTS, Conklin Road, Mattituc'k, NY (by G. Olsen, Esq.) for a Variance to the Zoning Ordinance, ArticleslI ~nd.tII, Section 100-31, (At06) for approval of insufficient area and width of two proposed parcels in this division of land located on the West Side of Conklin Road (Grant Boulevard), Mattituck, NY; County Tax Map Parcel No. 1000-139-03-19 and 30 (30.1). 7:55 p.m. Application for JOSEPH A. WANAT, c/o A.~!Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, S~ction 100-31, BulkSchedule, for approval of insufficient width of parcel to be set-off located on a private right-of-way at the north side of Bergen Avenue, Mattituck; County Tax Map Parcel No. 1000-112-01-016. 8:05 p.m. Application for ANTONE AND JEAN MILESKA, 16045 Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels in this proposed Page 2 - Legal Notice of Hearings Southold Town Board of Appeals November 15, 1984 Regular Meeting division of land located on the east side of Marratooka Lane, Mattituck, NY; County Tax Map Parcel No. 1000-115-04-009. 8:10 p.m. Application for WINDS WAY BUILDING CORP., c/o R. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area (and width) of two parcels in this proposed division of land located along Cedar Point Drive East, Southold; Cedar Beach Park Filed Map No. 90, Lots 82, 83, 94; County Tax Map Parcel No. 1000-90-03-18. ~ 8:15 p.m. Application of MARI_~ J._ PATTERSOn, 12 Turnwood ~Ct'., Hempstead, NY 11550 for a Variance to the Zoning Ordinanc J Article III, Section lO0-~l, Bulk Schedule, for approval of ~insufficient area (and width) of two parcels in this proposed S division of land located at the South Side of Peconic Bay tevard, Laurel, NY; County Tax Map Parcel No. 1000-128-02-17. 8:20 p.m. Application of SOUTHLAND CORP., c/o W. Esseks, Esq., Box 279, Riverhead, NY for a Variance to the Zoning Ordinance, ~o construct building with an insufficient side yard at South Side Main Road, Southold (7-11 Store), 1000162-3-37. 8:25 p.m. ApplicatiDn for ROBERT DeTREY by P. Muller, Meetinghouse Lane, Southampton, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with insufficient sideyards; premises known as 62825 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-40-01-t0 & ll. 8:35 p.m. Application for COLGATE DESIGN CORP., c/o W. Esseks, Esq,, Box 279,-Riverhead, NY for a Variance to the Zoning Ordi- nancelto construct building with an insufficient side yardi North Side Main Road, Cutchogue (7-1t); 1000-102-05-24. Persons desiring to appear at the hearing may do so. Communica- tions in writing in relation thereto may be filed with our office before or at this hearing. Dated: November 2, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to Newspapers: Please publish THURSDAY, NOVEMBER 8, 1984 and forward lO affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, before November 12, 1984. tel. 765-1809; FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ~.~<~.. ~~~ .... · ~.~.. ~.~.. ~... ~...: .~.... PLEASE TAKE NOTICE ~at your ~ dated ~gY~ ...... ~. for pe~it to ~ ~(~ .~~~-- ......... ~ ..... ~ .......... ~ ..... at Subdiviion ...... ~..': ...... F~ed M~p No. - .. Lot No... ~- . ....... ........~~:..:~c ........... ~.:~< .... ~ ~.~. ~ RV 1 (80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3 o~"7 7 DATE ..(~¢.~. ~..J..~...! .~. ~'~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ........................... ........ ............... Name of Appellant Street and Number .......... ~-.~.~ ..................................................... ~,~.~Z.~/.}~EREBY APPEAL TO Municipality ' State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street anc Numoer Municipality State ( PERMIT TO USE r ~ PERMIT FOR OCCUPANCY /~/¢ ( ~ PERMIT TO BUILD I LOCATION OF THE PROPERTY ~..~...:....~_..,~.'~.C.,..?...~. ,~..,,.~../,~..~....,.~. .................................... ,.~...~ .,~...~ Street and H~3mle~ Zone ................................................................................ OWNER(S): '~';~"~"~'~"'v .................. Mep X]o Lot No S DATE PURCHA ED: ................. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sectior Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance,) Article 777~ , Section /~0 -- ~ / 3. TYPE OF APPEAL Appeal is made herewith for ( ~/~ A VARIANCE to the Zoning Ordin.once or Zoning Map A VARIANCE aue ro lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 of the Building Ins[}ec~or or with respect to this property. Such appeal was ( ~ request for c special permit ( ) request for a variance aha was maae in Appeal No ................................. Dated ......................................................... PREVIOUS APPEAL A previous appeal (has) (~een made with respect to this decision REASON FOP~ APPEAL ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance ~s requested for the reason that ~e ~ould l±ke ~o (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because.~ , 2 The naresmp created is UNIQUE and is not snarec by ali properties alike in the immediate vicinit, of this property one in this use district because , ~-' . . , 1/~5/~ --2~.7 I.,~.~ ~.-~. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CmARACTER OF THE DISTRICT because THE ) ss ....... .'fi:, ."~ ..... COUNTY O'T~4~ ) ' S igKat~re swo~ ~o ~,~ .............. ~l~ ............... ~o~ o~ ............. - ........................ ~ Notary Publ~ ' '. r~ ANN ~E~ILLE : t~dc C, 8m~ ~ No, 52-8~58~, ~k ~