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HomeMy WebLinkAbout3115 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ..~./2 TO TI- E_ZO.,NIN. G BQAgD .,O.F'ARPEALS, TOWN,.OF SOUTHOLD, N.-Y. - Nome ~f .~ppell~nt_ . . . Street and Number :_ ..... ~.~.~.~k ................................................................. ~..~Q~.~ .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................... DATED F~..~..r.....]:~..:....~.9.8..~ ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO ....... Cathy..Lindsay. .......................................... Name of Applicant for permit of ..... ........................ .¢.u.e...k ................. ........... Street and Number Municipality State PERMIT TO USE as a two family dwelling ) PERMIT FOR OCCUPANCY ( ) 1 LbCA-I:iO~! OF~ ~-HE PROPERTY ...41.~.9:g.....B~g.e~../~.v.e ............. ~..~.~.L.q....o.~.~.~ ............. Street Use District on Zoning Map ....... ..c?..7. ..¢. Map No Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sectior., Sub~ sectio~ and Paragraph of the Zoning Ordinance by number. Do not auote the Ordinance.) Ill 100 - 31 3. TYPE'OF APPEAL Appea is made herewith for J X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ' A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws - A~'t.-~6 Sec. 280A Subse6ti0n 3 .... - ' 4. PRE\ IOUS APPEAL A previous appeal (IJ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was r ) request for a special Detroit ~ ) request for a variance anc was made ,n 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 we ~i~h to oonver~ are residence for t~o family use Amount of sa ft of second unit is 786 sq. ft and the rca8 frontage is insufficient as shown on survey attached. Fonn ZB1 Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Zt has become necessary for additonal ino~me to help meet the exoenses of the home aue to a mortgage, taxes~ and much needed repair necessary to keep the home comfortable for my mother to live in We can no longer pay all of the sxoenses ourse!ves~ and maintain our ovm_ homes and familes at the same time The hardshipcrea~ea[s UNIQUE and isnotshared by ail properties alike in the immediate vicJnit, ofthisproperty andinthisuse districtbecause Aa~oining ~ro~erty owners do no~ have as many acreas or the same size home as we ao It is also where our 80 year old mother lives 3. The Variance would observe the spirit of the Ordmance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because There will be no changes in the existing str~ct~re or physical apperance of the property Sworn ~o this ~ day of.....*r,~.~'~.~:~*~..~.~ ........................... ' ~ .............................................. 19~ FORM NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ PLEASE TAKE NOTICE that your application dated ~--~/~ / ~'- 19 °~3 for permit to construct 4~-. · .f~..-~rf~. ~.: .~., .... r ~..~..d4Z~. w~d~ ........ at County Tax Map No. 1000 Section .. f/.~. ....... Block ...C~2..7 ....... Lot (~.~.~.-.~. ~../. Subdivision ......... ~ ....... Filed Map No ................. Lot No. ~ ~ ~r~w~,~ ~n~ ~a~o~ on ~h~ ~ol~ow~ ~o~. ~~~~ ~ ~ / / ~ ~ ~ / .' ..... ~ .......... ~~ ~/o~-~ ~c~ .~.~~~ ........ Bufld~g Inspector ,~,,~o - ' /,, ' / ~ ' ~', - , NOT£ SUF~ CO. TAXk~4P - I000 I15 07 0~.1 SURVEY FOR WILLIAM A. LINOSAY, J/~. ,~' CATHE,~I/VE LINDSAY AT MATTITUCt( TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE : FEB. I'q, 1985 SCALE: / = .:50 NO. : 83 - 95 Y?UNG YOUNG ALDEN W. YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.S.LICENSE N0.12845 HOWARD W. YOUNG, LAND SURVEYOR N.Y.S~ LICENSE NO. 45893 400 OSTRANDER AVENUE RIVERHEADI NEW YORK ~.o0o0 5Q FI'. L ~ × HENRY E. KAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLiAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 June 24, 1983 Mr. William A. Lindsay Ms. Catherine Lindsay Cox Neck Road Mattituck, New York 11952 Re: Two-Family Dwelling Site Plan Dear Sir/Madam: Please be advised that our Board made an on site field inspection to the property proposed for the two-family con- version and discussed same at our meeting held June 20, 1983. Our Board noted your proposal does not ~eet the require- ment of 160,000 square feet under the new zoning ordinance for a two-family dwelling. We see no problem with your pro- posal for the two-family conversion, but would suggest that you amend your plan to reflect the required square footage or make application to the Zoning Board of Appeals for a variance for insufficient area. If you have any questions concerning the above, please contact our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoning Board of Appeals~' Southold Town Board o£ Appeals HAIN ROAD- STATE ROAD 25 5OUTHOLD. L.I., N.Y. 11971 TEEEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 29, 1983 Mr. William A. Lindsay Ms. Catherine Lindsay Cox Neck Road Mattituck, NY 11952 Re: Appeals No. 3114 an~ll5~ Two-Family-Dwelling Conversion - Two Acres Dear Sir/Madam: Please be advised that the following action was taken at a Regular Meeting of the board held on Wednesday, April 20, 1983 concerning your recent application(s): RESOLVED, that the matter of WILLIAM A. and CATHERINE LINDSAY, be held in abeyance pending receipt of comments, recommendations or approval from the Southold Town Planning Board regarding the site plan. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, Sawicki and Doyen. This resolution was unanimously adopted. In the event you have not filed your site plan with the Planning Board secretary, please either call their office (765-1938) or stop by with your plans in order that they can place your matter on their next available agenda. Please let us know when the Planning Board has acted on your matter. Yours very truly, lk CC: Planning Board Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary JUDITH T. TERRY TOWN CLI'RK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York ! 197l TELEPHONE (516) 765-1801 April 12, 1983 To: From: Southold town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3115 application of William A. & Catherine Lindsay £or a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey, ~;dT' ToTwenrr~cle~ Rr~VF'~ TOWN OF SOUTHOLD, NEW YORK TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) .............................. ~.nas~y .................. o~-.Cox..Neak_lqogd .......................... Nome of Appella,nt Street and Number ~attituck New York HEREBY APPEL TO MunicipQlity Sf~e THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..........F.e~....,1,.5,...1.98.~ ............ WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ) ( ) Name of Applicant for permit of Cox Neck Road Mattituck New York PERMIT TO USE as a two family dwelling PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...... ~69.0 Bergen AY..e. .......... .~O.~..-L'!..'x.-)..~.q~ .............. Street Use District on Zoning Map 0oo ~ ~ o Mop 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.) III Inn 31 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 Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~s'~(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 wes made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that we ~ish to convert a,,¢~ residence for t~o fami]_~ use Amount of sq ft of second unit is 786, and the road frontage is insufficient as shown on survey attached FOrTh ZB1 (Continue on other side) REASON FOR APPEAL Continued l. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP because It has become necessary for additional income to help meet the expenses of the home due to a mortgage, taxes, and much needed reoair necessary to keep the home comfortable for mY mother to live in We can no longer pay all of the expenses ourselves~ and maintain our own homes and familes at the same time 2. The hardshipcreatedis UNIQUE and isnotshared by all properties alike in the immediate vicinity of this property and in this use district because A~joining ~ro~erty owners do not have as many acrea~ or the same size home as we do It is also where our 80 year old mother lives 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because There will be no changes in the existing structure or physical aoperance of the property STATE OF NEW YORK ) COUNTY O ---~ ) SS Sworn to this ........ : ..................................... day of ...... (,./?~.:~:~..L ................................. 19 :, ~ --~ .~X .... Notary Public PHYLLIS ATKIN$ON NOTARY PUBLIC, Slat~ ef N~v Yed~ ~ 52 - 46~676 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : I : to the Board of Appeals of the Town of Southold : TO: --~ f'~ f~ NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tgat~f[ IsTh~. in~.e~'qui~ ~,f ~h~u.gdersigned to petition the Board of Appeals of the Town of Southold tO request a~ian~al Exce~..__(Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 4690 Bergen Ave Mattltuck. NY 11952 lOO0 - 11~ -07 - 002 -co1 and 002 00~ 3. That die property which is the subject of such Petition is located in thFfollowing zoning district: A Residential zone 4. That by such Petition, the undersigned will request the following relief: Convert residence to two family use, 2nd unit has less than 85o sq ft $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- Section 100 - 30 BI signed are Article TIT 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 ma)' then and there examine the same during regular office hours. (516) 765-1809. 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 five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Outed: Petitioner Post Office Addr~s P 0 Rox 184 Mattituck, NY 298-9452 11952 II NO ~NSL~RA~t~E COVERAGE?ROV~DEB - ~COVERAGE PROVIDED- NO ~NSDRANCE ~OV HAGE pROV,OEO-- NOT FOR iNTER~:AqONAL MA~L ~ FOR INTERNATIONAL MAIL NO1 FOR iNTER ~ATIONAI MAIL Poise ~ ~ Postage ~ 0 Postage to whom and Date Delivered TOTAL PO~ D ~ ~ ~T FOR iNT MAlt ~e he~ directed t~ ~a~; that the addresse~ ~et opposite the names of ~aid per~ons are th~ a~dr~es of ~aid person~ as ~ho~n on th~ current a~ment roll of the Town of ~outhold; that ~id Notic~ ~re rice at ~ ~ ~ ~ TCM~ ; that ~aid Notice~ ~ere mailed to each of ~zid per~on~ by ~re~i~tered) mail. Sworn to before me this ~ &~ : - ,~ Notary Public ~H~S ATKIN~ NOTARY ~EIC, S~ of N= Y~ ~ (o) I~ order to answer the queslions in ~his short EAF it is ossume~ that the preparer will use. cuzrently available information concerning project and %he likely impacts of the aclio'n. Il is not expecled that additional studies, research or other invesiigalions ~.~ill be underlakeo. (b) If any queslion has been ons~ered Yes the project may be significoni and a completed Environmen¢ol Assessment Form is necessary. (c) If all questions have been answered No il is likely %hal lhis ct 1. Will project result in a large physical change" ~o the project si~e or physically alter more than 10 acres of land? ........................ Yes X No 2. l';ill there be a major change ~o any unique or · unusual land form found on the si~e? .......... Yes X NJ 3. %'/ill project alter or have a large efPect on exislin9 body of wa%er? ....................... YesX 4. %'till projecl have a potentially large impact on groundwaler quoli¢y? ....................... YesX 5. %'till project significantly effect drainage flo~.~ on adjacent sites? Yesx No 6. %'/ill pro joel affect any lhrealened or endangered plonl or animal species? ........... YesX' No 7. Will projecl resull in,o mojoz' adverse effekt ' air quo.lily? YesX No 8. %'Iill projecl have o major eFfeci on visual cboracier of lhe community or scenic views or vis~os known to:be important to the communily?. YesX 9. %';ill projec¢ adversely impac~ any silo or .- slruclure of histoz'ic, prehistoric or po.leonlologicol importance or any site designated os a critical environmental area by 1 1 y? .... y X N 10. %'~ill project hove a major effect on existing or fulure recreational opporlunilies? ......... YesX No 11. Will project result in .nojor traffic problems o~ cause a major elf ecl ~o exisiing 12. Will project .regularly cause o odors, noise, glare, vibrolion, or electrical disturbance as a resull of the projecl's 'lion? ' YesX No 13. Will project he, va any impact on public heallh or ·safety? .................................... YesX No 14. Will p~ojec[ affect lhe existing community by directly causing o gro~'rlh in permanent population of mare lhon 5 perccgl over o one year period or have o major negalive effect on the chars'clef of the community or neighborhood? ................................. YesX No 15. Is there public controversy concerning project? ...................................... YosX No PREPARER'S S]GI'b~IURE REPRESEItTING (Todd;' s Oat~) To; Rat Southo!d Town Boars of ~sF~als Main Road Southo!d, NY 11971 Appeal Application of William A. & Catherine Lindsay Location of Property:. BarMen Ave. Nattituck, NY Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State ~nzz~on.,, ..... 1 Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) . =*~ .~l~n_n 300 feet of tidal wetiands; [ ] May be loc~c ~ '~' ~ however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] Play b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this p_oFe=~3 is a bu±}~nead in need of (m_no~) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. not [ ] appear to May be located within 300 feet of tidal wetlands; and there is no bulkhead or con~___e~=* , a~].~ __ existing on ~=~,.~ premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, Legend ~1 © COUNTY OF SUFFOLK ~ '~ "Real Property Tax Service Agency ,'~,~'~ ..... 113 PROPERLY MAP Nd i D, DL E 0 MAP OF' LAND ~J~VF.Y~ D I~O~ JACK J. ,* IRVING I. I._EVIN ?r