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HomeMy WebLinkAbout2553 :Tt'k:.lc.r.,", Sr. ;\le<"1O S<lFFc<..k.. t-IV - 71 /17 /0 "8 I'1":?;:?C7Jt.-. No ,) J.J.3 C1 tolV t;:R.. Wf'f <--TlE''E' E '" /<"<-1 TIf OLASSEA!".. 9-~d.... ~~ ~ . a...-.-<---' a..<."'----'~ r-~ z:- ~?- C/l -=1/:- S'3/Cj ~jJ:..~ ~ J;,.J.t.....,J; - tJ ~O~ e-~6-l-;-. S'<!,S:B Oil 3/a-/or." j AI! ~/'1It)y, " · ow~ o~ SOUTHoLn, ~W ~O~K ACTtO~ O~ ~ zom~r~ ~OA~O O~ Am*~S Appeal No. 2553 Dated May 23, 1979 ACTION OF ¥1~I~ ZOI~NG BOAteD OF APPEALS OF THE TOWN OF SOUTHOLD To Walter E. and Ruth H. Glasser Jackson Street New Suffolk, New York (Abigail A. Wickham, as attorney) DATE ...J. u, ..1.~_...3.: 1979 at a meoting of the Zonh~ Board of Appeals on June 14, 1979 was considered and the action ~ndicated belc~v was taken on your ( ) Request for variance due to lack of access ~o prop~y ( ) Request for a special exception under the Z~ning Ordinance (X) Re~na~t for a variance to the Zonhn~ Ordhmnce ( ) the appeal 1. SPECIAL EXCEPTION. By ~lulion of the Board it was ~termined that a special ~cepli~ ( ) ~ ~d ( ) be denied pursuant ~ Artkle .................... ~ction ................... Subsection .................. para~aph .................... of the Zoning O~inance and the d~ision ~ the Building Impec~r ( ) be ~versed ( ) ~ eo~h~nedb~au~ 8:50 P.M. (D.S.T.) Upon application of Walter E. and Ruth H. Glasser, Jackson Street, New Suffolk, New York, (Abigail A. Wickham, as attorney), for a variance to the Zoning Ordinanbe, Article III, Section 100-30 and Bulk Parking Schedule for permission to divide property with insufficient area and for permission to convert garage to a dwelling with insufficient front yard setback. Location of property: Jackson Street, New Suffolk, New York, bounded on the north by Jackson Street; east by Third Street; south by Great Peconic Bay; west by Fourth Street. 2. VARIANCE. By resolution o! the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties (b) The hardship created (is) (is not) unique 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 SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be ~ranted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 BOARD OF APPEALS After investigation and inspection the Board finds that the appli- cants are the owners of a parcel of land containing approximately 70,500 square feet and the proposal is to divide the property into two building parcels. The first lot to be created will contain approxi- mately 42,000 square feet and will contain the existing dwelling. The second parcel will-contain approximately 28,500 square feet. The parcel containing 28,500 s~uare feet presently contains a four car garage which the applicants wish to attach to an addition for a residence. They wish to use fifty percent of the garage for living quarters. 'The Board agrees with the reasoning of the applicants. The surrounding blocks in New Suffolk all contain much smatler lots than what is being created in this application. 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 the 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. On motion by Mr. Gillisple, seconded by Mr. Grigonis, it was RESOLVED, that Walter E. Glasser and Ruth H. Glasser, Jackson Street, New Suffolk, New York, be GRANTED permission to divide property with insufficient area and be GRANTED permission to convert garage to a dwelling With insufficient front yard setback. Location of property: JaCkson Street, New Suffolk, New York, bounded on the north by Jackson 'Street; east by Third Street; south by Qreat Peconic Bay; west by Fourth street, subject to the following conditions: ~"-'~a (1) The applicant shall furnish a current survey showing the · ~;;~}~ ct division of the property. (2) The addition to the garage shalt be no closer than 20 feet to the division line on the westerly boundary. (3) The addition to the garage shall be no closer than 50 feet to Jackson Street. (4) No building shall be closer than 5 feet to Third Street. (5) No more than 50 percent of the existing garage shall be converted to living quarters when the addition is added to it. (6) There shall be no further subdivision of the two lots being created by this application. (7) Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis,;Tuthill and Douglass. Legal Notice of Hearings -2- June 14, 1979 100-30 and Bulk Parking Schedule for permission to divide property with insufficient 78 and 79 and 104 Shores, No. 2. 8:50 P.M. area and width. Location of property: Lots through 110 inclusive on Map No. 654 of Peconic (D.S.T.) Upon application of Walter E. and Ruth H. Glasser, Jackson Street, New Suffolk, New York (Abigail A. Wickham, as attorney), for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Parking Schedule for permis- sion to divide property with insufficient area and for permission to convert garage to a setback. 9:05 P.M. (D.S.T.) dwelling with insufficient front yard Upon application of Moebius Associates, East Road, Cutchogue, New York (Richard F. Lark, Esq.), for a variance to the Zoning Ordinance, Article III, Section 100-31 an Bulk Parking Schedule for approval of a lot with insufficient area on a proposed minor subdivision. Location of property: East Road, Cutchogue, New York, bounded on the north by Williams, Spiro, Lake and Brower; east by Williams; south by East Road; west by Fleets Neck Road. Dated: June 4, 1979. BY ORDER OF THE SOUTHOL~ TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE JUNE 7, 1979, and FORWARD SIX (6) AFFIDAVITS OF PUBLICATION TO: Board of Appeals, Town of Southold, Main- Road, Southold, New York 11971 before June 14, 1979. Copies mailed to the following on June 4, 1979: Gene Giannone Charles Guhl a/c Crescent Beach Condominium Theodore Rohloff Abigail A. Wickham a/c Luella L. Mullio Abigail A. Wickham a/c Glasser Richard F. Lark a/c Moebius Associates "LEGAL NOTICE NOTICE OF HEARINGS Pursuanl to Section 267 of the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, Thurs- day, June 14, 1979, on the following appeals: 7:45 P.M. (D.S.T.) Upon application of Gene Giannone, Main Road, Mattitnck, New York, for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate an in ground pool in the front yard area. Location of property: Corner of Wick'- ham Avenue and Main Road (S. R. 25), Maftituck, bounded on the north by DeFriest; east by McCullough; south by Main Road (S. R. 25); west by Wickham Avenue. 8:00 P.M. (D.S.T.) Upon application of Crescent Beach Condominium (Charles Guhl as agent), 45 Marine Place, Easf Marion New York, for a variance to the Zoning Ordin- ance, Article V, Section 100-51 and Bulk Parking Schedule for permission to construct decks or patios with insufficient front and rear yard setbacks. Location of property: End of Maple Lane, East .Marion, known as Filed Map Condo- minium No. 8:15 P.M. (D.S.T.) Upon application of Theodore ROM- off, 2870 Orchard Street, Or- ient, New York, for a variance to the Zoning Ordinance, Art- icle III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of oroeertv: Orchard Street, Orient, New York, bounded on the north by Orchard Street; east by Rohl- off; south by Mayer; west by Blank. 8:30 P.M. (D.S.T.) Upon application of Luella L. Mul- lio, Burtis Lane, Peconic, New York, (Abigail A. Wickham, as attorney) for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Parking Schedule for permis- sion to divide property with insufficient area and width. Location of property: Lots 78 and 79 and 104 through 110 inclusive on Map No. 654 of Peconic Shores, No. 2. ! 8:50 P.M (D.S.T.) U~on application of Walter E. and ?,T,.uth n. t;lasser, ~,a~kson Street, New S~uffolk, New'~rk (Abigail A. Wie~am, as at- torney), for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Park- ing Schedule for permission to divide property w th insuffic- ient area and for permission to convert garage to a dwelling with insufficient front yard setback. 9:05 P.M. (D.S.T.) Upon application of Meebius Assoc- iates, East Road, Cutchogue, New York (Richard F. Lark, Esq.), for a variance to the Zoning Ordinance, Article III, Section 100-31 an Bulk Parking Schedule for approval of a lot with insufficient area on a proposed minor subdivision. Location of property: East Road, Cutcnogue, l'~ew ¥orl~, hounded on the north by Wil- liams, Spiro, Lake and Brow- er; east by Williams; south by East Road; west by Fleets Neck Road. Dated: June 4, 1979. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ7-3236 COUNTY OF SUFFOLK, I STATE OF NEW YORK, ? ss: ........... Tray, C~us.~avs.etq .......... being duly Sworn, says that .. b.e.., is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county~ and that the notice, of which the annexed is a printed copy, has been published in the ~aid Suffolk Weekly Times once in eoch week, for .... .o.n..e ................... weeks successively commencing on the ..... 7..~!~. ................. day of..~.~.~.e ...... ....... . ................. Sworn to befotre me this .../~../:... day of .... /" ........ ......... ," LEGAL NOTICE NOTICE OF HE NGS Pursuant to Section 267 of the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, Thurs- day, June 14, 1979, on the following appeals: 7:4S P.M. (D.S.T.) Upon application of Gene Giannone, Main Road, Mattituck, New York, for a variance to the Zoning Ordinance, Article 111, Section 100-32 for permission to locate an in ground pool in the front yard area. Location of property: Corner of Wickham Avenue and Main Road (S. R. 2S), Mattituck, bounded on the north by DeFriest; east by McCullough; south by Main Road (S. R. 2S); west by Wickham Avenue. 8:00 P.M. (D.S.T.) Upon application of Crescent Beach Condominium (Charles GuM as agent), 45 Marine Place, East Marion, New York, for a variance to the Zoning Ordi- nance, Article V, Section 100- 51 and Bulk Parking Schedule for permission to construct decks or patios with insuffi- cient front and rear yard setbacks. Location of property: End of Maple Lane, East Marion, known as Filed Map Condominium No. 62. 8:15 P.M. (D.S.T.) Upon application of Theodore Roh- Ioff, 2870 Orchard Street, Orient, New York, for a variance to the Zoning Ordi- nance, Article Ill, Section 100-31 and Bulk Parking Sche- dule for permission to divide property with insufficient area and width. Location of pro- perty: Orchard Street, Orient, New York, bounded on the north by Orchard Street; east by Rohloff; south by Mayer; west by Blank. 8:30 P.M. (D.S.T.) Upon application of Luella L. Mullio, Burtis Lane, Peeonic, New York, (Abigail A. Wickham, as attorney) for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Park- ing Schedule for permission to divide property with insuffi- cient area and width. Location of property: Lots 78 and 79 and 104 through 110 inclusive on Map No. 654 of Peconic Shores, No. 2. 8:S0 P.M. (D.S.T.) Upo~q~ _application of Walter E. and Ruth H. Glasser, Jackson Stree{, New S~ol~ New York (Abigail A. Wickham, as at- torney), for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Park- ing Schedule for permission to divide property with insuffi- cient area and for permission to convert garage to a dwelling with insufficient front yard setback. 9:0S P.M. (D.S.T.) Upon application of Moebius Asso- ciates, East Road, Cutchogue, New York (Richard F. Lark, Esq.), for a variance to the Zoning Ordinance, Article II1, Section 100-31 and Bulk Park- COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Count; and that the notice of which the annexed is a printed copy, nas been published in said Long Island Traveler-Watch- man once each week for ............. I' ......................... weeks successively, commencir~ on the .....'/ ........ x ....................... Sworn to before me this '/ okay o* .................. ................ FORM NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ............................................ , To ............ -.~..'~ ..................................................... .................... ...... PL~E TAKE NOTICE that you~pplication dated .................................................. for permit to construct ........................................ at the premises m~oted at ..~.6E.(~,~.~.~.....~.. ~d~ ~ ~l~b Street ~E~ Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the follow;ng grounds ..... ~ ..................................................... 11'7- IO- Building Inspector Fou re 7-~ ST'7'~E~'T O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ( ) ( ) (x) TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. F, (We) ..W..a..1..t...e~.....E...:...~....Rg....t~...H.....G..1.~..e~.....of(..Ng....~.)...~..~%~..Bt. reet. ................................... Name of Appellant Street and Number New Suffolk .~...Y..o..r..k. .......... HEREBY APPEAL TO Municipality State WHEREBY THE BULLDING_INSPECTQR DENIED TO ~Dlgalm A. Wzckham, Attorney for Walter E. and Buth H. Glasser Name of Applicant for permit of ...~.....m~....d. ................. ~f.t.i.Cu~ ................... ~'~..~Q~ ................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .J..a....c~....sg...n....S..t.:.~J~]~W..~2.f..f..9,]~ ................ '.'~,'.'. ............................... Street Use District on Zoning Map Dist. 1000 - Sec. 117 - Blk. 10 - Lot 18 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 Ordi.nance.) Art_imle IIIr Sec 100-30 Bulk Schedule 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 ~(has not) been mode 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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applicants wish to divide their property into two lots as shown on the attached sketch resulting in one lot with insufficient area and two lots with insufficient frontage on Peconic Bay. Applicants also wish to convert the garage to a dwelling with insufficient front yard. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie~ or unneces- san/ HARDSHIP because applicants' house is located in one corner of a very large piece of property. Applicants plan to sell the ho~se and eventually convert the garage int.o .t~ir r.?idenc~eL ~e .a.ppli .c.ants have proposed to create, a larger lot on the wes~eriy portz~n os the pr~ses because the existing house ls quite large and re~res a larger lot than the proposed residence to be built en the easterly lot. ~ne proposed lots will be cc~parable to those in the surrounding neighborhood as shown on the attached sketch. The new dwelling on the easterly lot will have an insufficient front yard becasue the existing garage is built very close to the road and it would be difficult and expensive to move the garage. Many of the other houses in the neighborhood, including the house on the ~sterly portion of the prsmises, have very small front yards. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district becouse?c~e location oE the existing house in one corner of the property and the location of 'the garage which is to be converted to a dwelling. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the other lots in the neighborhood ere c~L~-~arable in size to the proposed lots, and the insufficient front yar~ of the proposed dwelling will not be incc~sistent in this neighborhood. Both parcels will have very large open areas on the hay side of the property. ~e area of the ~sterly lot will be approximately 42,000 square feet and the area of the easterly portion will be apprc~i- mately 28,500 square feet. STATE OF NEW YORK ) , , ) SS ............................... COUNTY OF ) .~/ Signature AD~gail A. Wickh~m, Attorney for Walter E. and Ruth H. Glasser 23rd Sworn to this .............................................. day of ..M~..y ................................... 1979 / / Notary Public // JOAIN HIN DEI~A~,AIN N v NOTARY PUBLIC, Stole of Net Yerk ~luelified i# Seffe~k Ce HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 June 17, 1983 Mr. Philip J. Cardinale Attorney at Law P.O. Drawer W Jamesport, New York 11947 Re: Walter E. & Ruth H. Glasser Dear Mr. Cardinale: Our offiCe is in receipt of your letter dated June 16, 1983 regarding the above mentioned property. We do not have a file in our office under this name, nor did we request a copy of the current survey. After con- ferring with the Zoning Board of Appeals Secretary, we were informed this information should have been d~rected to them. Asa result, we have referred your letter and the copy of the survey to their office for their files. We hope our action meets with your approval. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoning Board of Appeals/ RECEIVED BY SOUTHOLD TOWN I~I.ANNING BOG JUN '1'7 1983 DATE Juno 16~ 1983 Southold Plonning Board Torn Ball Natu Road Southold, Hey York 11971 Jaeksou Street/Hey Suffolk - Wetter R & Ruth H. glasser Hap #1000-117-10-18 - Approved Subdivision 7/5f79 Dear Bedeux file re PJC:bp Enclosed pleooe find copy of current survey for your the above os requested. PHZLIP J. CARDXNALBo BSQ. COMMISSION Seth A. Hubbard l~e E. Koppdaun D/r~tor of Suffolk County Department of Planning JOHN V.N. KLEIN, County Executive Hauppauge, L. I., N. Y. 979-2918 Yetemn~ Memorial High Wa~, 1178T Town of 5outhold Board of Appeals June 19, 1979 Pursuant to .the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Com~[ssion are considered to be a matter for local determination, A decision of local determination should, not be construed as either an approval or a disapproval. 'Applicant Municipal Pile Number Eugene Giannone Crescent Beach Condominiums Walter & Ruth Glasser Moebius Associates 2551 2552 2553 2554 CGN:Jk Very truly yours, Lee E. Koppelman Director of Planning CHIEF PLANNER TOWN CLERK 765-3783 Building Dept. I~anning Bd, 765-2660 Board of Appeals 765-1809 TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ..... T~O&r~..Of. APi?e&ls ............ of the town of .... ~.~{)~.c~ ................ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits ..... 3t ........ Variances Walter & Ruth Glasser Jackson Street New Suffolk, New York Appeal No. 2553 Location of affected land: ..S~.~..Eac]r, aon..8.tree~,..~:~aw..Su~o3,te.,...N~w...yo~::k ..................... within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ ~ream or drainage channel owned by the counW or ~r which the counW has e~ablished channel lines. ................ ~ate or county owned pamel on which a public building is situa~d Comments: Applicant was granted permission to divide property which is surrounded by three streets and the bay u~on the following conditions= (1) Applicant shall submit a survey showing actual division~ (2) addi- tion to garage shall be no closer than 20 feet to new division line or closer than 50 feet to Jackson Street~ (3) no more than 50% of the exist- ing garage shall be converted to living quarters~ (4) no building shall Date: ....... ~...l~-'~t...~... ~ ~ z ... ~ ~ ~ ~ ....... (signed) Chairman T/t/e Date received by Suffolk County Planning Commission .................................................................................... File No ................................. be closer than 5 feet to Third Street~ there shall be no further sub, iris&on of the newly created parcels. O O JUDITH T. TERRY - TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 To: From: May 24, 1979 Southold Town Zoning Board of Appeals Judith T. Terry, Tow~ Clerk Transmitted herewith is Zoning Appeal No. 2553 application of Walter & Ruth Glasser for a variance. Property is bounded on all sides by public streets, no notices to adjoining owners are required. JTT/bn cc:file Enc./ 0 0 WICKHAM, WICKHAM & BRE:SSLER, p.e. May 23, 1979 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Application for Variance Walter E. and Ruth H. Glasser Enclosed herewith are Applicatio~ for Variance in duplicat~ and two copies of the survey, together with our film's cb~ck to your order in the s~ of $15.00. Mr. Fisher has prepared a Notice of Disapproval which should be attached to the Variance Applicati~. Since the property is bounded by Peconic Bay, Third, Fourth and Jacks~ Streets, no Notices to Adjoining O~ners are required. Very truly yours, Trot ',- 'r t 8,4Y · .... ' ~ .... ~ pECONIC ,,,,..~. 6 R E A T r RD. 6 9 4.1A{e) Z9 %.5~ CUTCHOGUE ~4 ~0 2)~ 28,2 SZ t.4A[c} 5 6 2.9A(c) 9 2.0A( c ZZ 19 ~REA T pECONIC