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HomeMy WebLinkAbout2447 TOWN OF SOC'£tlOLD, NEW YORK Appe~ No. 2447 Dated July 6, 1978 ACTION OF T~ ZONING BO~D OF ~PE~ OF ~ TO~ OF SOUTHO~ To Beverly Andrews 87 Edward Street Roslyn Heights, New York (Gary F. Olsen, Esq.) at a m~ of ~e Zo~ Board of Appea~ on July 27, 1978 was co.tiered ~d the action ~cated bel~ was t~en on yo~ ( ) R~u~ for vat.ce due ~ lack of access to pro~rty ( ) Request for a spedal exception ~dar ~e ~g 0rd~ce (X) Request for a v~ance to the Zo~g ~ance ( ) Appelant the appeal I. SPECIAL EXCEPTION. By resolut~n ~ the Board ~ was ~termined that a special exception ( ) be ~anfed ( ) ~ denied p~suant ~ Article .................... Section .................... Subsection .................... paragra~ .................... of ~e Zoning Ordinance and the dec,ion of the Budding I~pector ( ) be reversed ( ) be co~irmedbecause 8:10 P.M. (D. S. T.) Upon application of Beverly Andrews, 87 Edward Street, Roslyn Heights, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule to divide property with insufficient frontage. Location of Property: Grand Avenue, Mattituck, New York, bounded on the north by Jemmot; east by Young; south by Maple Avenue; and west by Grand Avenue. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or urmecessar~ (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) change the character of the district because (would not) SEE REVERSE 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 FORM ZB4 REv . s . AppROV£D ~ % ~ ~ ~? Z~NING BOARD OF APPEALS After investigation and inspection the Board finds that the applicant requests permission to divide property with insufficient road frontage on Grand Avenue, Mattituck, New York. The total area on the parcel is 1.352 acres and the applicant seeks permission to create two parcels each having an area of .676 acres and will re- novate the buildings on the southerly lot which abuts on Maple Avenue. The Board finds that strict application of the Ordinance will 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 character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr.Gillispie, seconded by Mr. Grigonis, it was RESOLVED that Beverly Andrews, 87 Edward Street, Roslyn Heights, New York, (Gary F. Olsen, Esq.) be GRANTED permission to divide property with insufficient frontage. Location of property: Grand Avenu, Mattituck, New York, bounded on the north by Jemmot; east by Young; south by Maple Avenue; west by Grand Avenue; subject to the following conditions: (1) No further subdivision of the two lots to be created. (2) The bungalow if rehabilitated, shall be used for seasonal use only, not for year round occupancy. The seasonal use is defined by the period from March 1st. to December 1st. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, and Tuthill. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions 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, on Thursday, July 27, 1978, on the following appeals: 7:30 P.M. (D.S.T.) Upon application of Raymond Kirsch, 1551 Williams Bridge Road, Bronx, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Private Road off Bayview Road, Southold, New York, bounded on the north by right-of-way; east by V. Ladeck; south by Corey Creek~ west by K. Isles. 7:40 P.M. (D.S.T.) Upon application of James F. McFarland, 13 Mildred Court, Floral Park, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to place a storage shed in the side yard. Location of property: Little Peconic Bay, Cutchogue, New York. Lot No. 236 and part of lot No. 235 on Map A of "Nassau Point Properties." 8:00 P.M. (D.S.T.) Upon application of Kenneth and Jerie Newman, Private Road, Orient, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to construct a detached garage in the side yard. Location of property: Private Road, Orient, New York, bounded on the north by E. W. Latham; east by E. E. Luce, Jr.,; south by School District No. 2; west by M. Antonazzi. 8:10 P.M. (D.S.T.) Upon a~lication of Beverly Andrews, 87 Edward Street, Roslyn Height, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule to divide property with insufficient frontage. Location of property: Grand Avenue, Mattituck, New York, bounded on the north by Jemmot; east by Young; south by Maple Avenue; and west by Gr~nd Avenue. ~ E. W. Latham; east by E. E. Luce, Jr.; south by School District No. 2; west by M Antonazzi. ~ I8:10 P.M. (D.S.T3 Upon~ appheation of Beverly )Xn-~ drews, 87 Edward Streel,~ R~oslyn Height, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule to divide property with insufficient frontage. Location of property: Grand Avenue, Mattitack, New York, bounded on the north by Jemmot.~, east by Young; south by Maple Avenue; and west by Grand Avenue. 8:20 P.M. (D.S.T.) Upon application of Mr. and Mrs. Edward Adams, 4055 New Suffolk Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 and Bulk Schedule to construct an underground swimming pool in the front yard. Location of property: New Suffolk Avenue, Mat- tituck, New York, bounded on the north by A. Mileski; east by H. Sacks; south by New Suffolk Avenue; and west by Maratooka Road. 8:30 P.M. (D.S.T.) Upon application of SouthoId Rotary Club, Southold, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for per- mission to erect an off- premises sign. Location of property: Triangle Park, Southold, New York, bounded on the north by Lower Road; east by H. A~ Goldsmith; south by Main Road and west by Lower Road. 8:35 P.M. (D.S.T.) Upon application of St. Peter's Lutheran Church, Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Se~zti?n 10~30 C 6 f for po.r.- COUNTY OF SUFFOLK, STATE OF NEW YORK, ? ss: TROY GUSTAVSON ...................................... being duly Sworn, says that . .]~. .... 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 ~ printed copy° has been published in the ~aid Suffolk Weekly Times once in each week, for Olde weeks successively commencing on t~he . .T~ENTI]~TH ............. day of ....... ~..---~--,~. _ ...................... S~vorn to beJ[ore me this . ..-~./. ..... MU~I£L ~USH ,NOTARY PUgL]C, ~afe ~ New Yodc LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the pro- visions of the Amended Build- ing Zone Ordinance of the Town of Seuthold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Seutbold, New York, on Thurs- day. July 27, 1978, on the following appeals: 7:30 p.m. 0).S.T.) Upon application of Raymond Kirsch, 1551 Williams Bridge Road, Bronx, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-32 for permis- sion to construct accessory building in fxont yard area. Location of property: Private Road off Bayview Road, Seuth- old~ New York, bo~unded on the north by right-of-way; east by V. Ladeck; south by Corey Creek; west by K. Isles. 7:40 p.m. (D.S.T.) Upon application of James F. Mc- Farland, 13 Mildred Court, Floral Park, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-32 and Bulk Schedule to place a s}orage shed in the side yard. Location of property: Little Peconic Bay, Cutchogue, New York. Lot No. 236 and part of lot Nm 235 on Map A of "Nassau Point Properties." 8:00 p.m. (D.S.T.) Upon application of' Kenneth and Jerie Newton.n, Private Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-32 and Bulk Schedule to construct a de- tached garage in the side yard. Location of property: Private Road, orient, New York, bounded on the north by E.W. Latham; east by E.E. Lute, .Ir.,; south by School District No 2; west by M, Antonazzi. ~l~ 8:10 p.m. (D.S.T.} Upon application of Beverly An- drews~,, 87 Edward Street, Roslyn Height, New York, for a variance in accordance with the Zoning ordinance, Article III, Section 100-30 and Bulk Schedule to divide property with insufficient frontage. Lo- cation of property: Grand Avenue, Mattituck, New York, bounded on the north by Jemmot; east by Young; south by Maple Avenue; and west b~ Grand Avenue. ~ 8:20 p.m. (D.S.T.) Upon application of Mr. and Mrs. Edward Adams, 4055 New Suffolk Avenue, Matrituck, Hew York, for a variance in accordance with the Zoning ordinance, Article III, Section 100-32 and Bulk Schedule to COUNTY OF SUFFOLK ss: STATE OF NL%V 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 County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............ ~. .......................... weeks success~elyl,~commencir~ o~ th~ ...~.~........, ........................... (? .......................... ~, Sworn to before me t~is ....;,~.t.. ............. day ot .... L. .................. FO~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .............. 41447 ......................................... Date ........................... ~T~X¥...1.?.v ......... , 19..7~. To ....,~vez~lM..Az~z'.ew~ ................................. ........... 81..~dw~,~ct..St:~t~ .............................. .......... ~l~..fl~gh~,..N~..Zo~k ........... PLEBE TAKE NOTICE that your application dated ........................ ~.UL~..t~ ........... , 19.~.. for permit to ~ ~.~p~}~..~!!~...~.~~$s~'~..~r~..&vemu~ .... .~t~k~..N~..~ark ...................... Street Map .................................... Block ............................................ Lot .......................... : ..................... is returned herewith and disapproved on the following grounds ~'~'~----' ................................................................................................................................ 1000-107-2-10 Building Inspector Geo,:ge Ftshe~: TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~Z~ 7 · DATE ....~;;~', ,T., ,~,. ~,..~. ........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (Wei~...e.~.e...~.Z.X....~3...a..~.e...w..S. ........ ............ i. ........... of .....8.~..~..d..w..~r,~..S.t.~..e..e..t. ...................... ~.: ............ Name of Appellant Street and Number ......... ~P~.[3rD..~.¢~g~,,$~ .......................................................... ~ .................. 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) .................. B~.erl¥._&nd~.e~s ............................ Name of Applicant for permit of 8.7...~.¢~. r.~.. ~.~..~..e..t, ............... l~.o~.~y~. ~¢~,~t~ .................. .~. ......................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Variance ]. EOCATtON OF THE 'PROPERTy .Gz~.an~hA~emze, Street Use District on Zoning Map Iv~ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by numb,~r. Do not quote the,Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (~,,) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) 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 ([~]~3~ (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 ~'o]~ ZSI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becauseApplicant is under a contract ot purchase the subject premises subject to the Zoning Board of Appeals approving a division of the property as per the survey made part of this Application. The total area is 1. 352 acres and Appli~,ant seeks to Create two (2) parcels each having an area of approximately · 676 acres with frontage for each parcel on Grand Avenue of approximately 121 feet. 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 parcelslto be created to be generally in~ kee. p~ng with the si_~e and .shape of tie parcels in the neighborhood. The subject p~emises is an oversized parcel With all the buildings located on the southerly end i.e. Maple Avenue. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the parcels to be created would be in generally keeping with the size and shape of the parcet~ in the community and due to the present location of the buildings, the northerly half Of ,the property is vacant. STATE OF NEW YOB~_ ) Beverly~ COUNTY OF?'~-~Tt'~ ) by ' ~Signoture , ~ --/J~a~ Flan~r Olsen, as Attorney Sworn to this .............................................. day of.../~.~...'~..~ ............................... 19 78 // o2- 0830410 ~ (~u,ll,hed in SUffolk Counfy JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Mattituck, N.Y. JTT/bn cc:file Enc./ Te Town Clerk Southold, L.I., N. Y. 11971 July 6, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2447, application of Beverly Andrews for a variance. Also included are notification to adjoining property owners as follows: Mr. & Mrs. John Young, Carlls Straight Road, Huntington, N.Y.; Oliver & Dorothy Jemmott, North Rd., Mattituck, N.Y.; Barbara Boner, Riley Avenue, Mattituck, N.Y.; Mr. & Mrs. Theodore Heuser, RFD # 1, Box 116, GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 · MAIN ROAD ' MATTITUCK, LONG ISLAND, NEW YORK 11952 ' PHONE 516 298-4844 July 7, 1978 Re: Weevnik to Molczan File # 2391 Dear Mrs. Conroy: Enclosed herewith please find certified mail receipts for njatitftifra, tion to adjoining landow/p~s]n re the above captioned GA Rg~IJ~NNER OLS .... GFO/mrc encls. Southold Zoning Board of Appeals Main Road Southold, New York 11971 GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 · MAIN ROAD · MATTITUCK. LONG ISLAND, NEW ¥ORI~ 1195;~ · PHONE 516 298-4844 August 15, 1978 Re: Surer to Andrews File # 2372 Gentlemen: As you are aware, you granted a Variance to divide the subject premises into two equal parcels at your meeting of July 27, 1978, Pursuant to yo.ur request, I am enclosing herewi_th.~q~vey of Van Tuyl showing the exact frontage and area to ~ madekpart of your file. Very trul/yo~rs, ~,~ Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Martin Suter, New Suffolk Avenue, Mattituck, N.Y. 11952 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : B EVER LY ANDREWS : : to the Board of Appeals of the Town of Southold : TO: Mr. and Mrs. John Young Oliver and Dorothy Jemmott Barbara Boner Mr. and Mrs. Theodore Heuser NOTICE YOU ARE HEREBY GIVEN 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) (Special Exception) (Special Permit) (the following relief: .to dtvid~ premises with insufficient area and frontage. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by .Temv~ntt: ~,n~t by Ymmff~ ~C~llfh hy qX/rnplo Axr~n~a~; ~[_~_~[ ~x7 Grand Avenue. 3. That the property which is the subject of such Petition is located in the following zoning district: A gricultural-R esidential 4. That by such Petition, the undersigned will request the following relief: to dixride prernige.~ with insufficient area and frontage. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III Sec. 100-30 and Bulk 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 five c hearing in the Suffolk Times and in the Long Island Traveler-M. attituck Watch~ Town of Southold and designated for the publication of such notices; that y{ right to appear and b~e heard,at such hearing. ' ' ]3.y Pe Post Office Address P.O. Box 38~ Main [toad Mattituck, New York 11052 n,~eriOr to the date of such wspapers Published in the r Yl;E Vesentat,ve have the ' ~lanner Olsen, Esq. PROOF OF MAILING OF NOTICE NAME ADDRESS Mr. 'and Mrs. John Young Oliver and Dorothy jemmott Barbara Boner Mr. and Mrs. Thoedore Heuser Carlls Straight Road, Huntington, New York North Road, Mattituck, New York 11952 Riley Avenue, Mattituck, New York 11952 RFD # 1, Box 116, Mattituck, New York 11952 ~ECEIPT FOR CERTIFIED MAIL ~"~"~:'~ SENT TO POSTMARK ____~Marie I)eI,~11~ ~TREET AND NO. 24-1~ 16~3~d Street P+O., STATE AND ZIP CODE Whitestone, New York 115~? -§PECIRL~ELIVERY (extra f~-req~r~ OR DATE ~-C~ ~,: ) PS Form ,/afl. 19763800 NO INSURANCE COVERAGE PROVIDED-- (Seeother side) NOT FOR INTERNATIONAL MAIL ~ GPO: 1975--0-593-452 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Gary Flanner Olsen , residin~at Wlmln Roar1 , being duly sworn, deposes a~d-~ys-l~l~;~-t-~-~ t~- of ~ul~ ,19 7 8 , deponent mailed a true copy of tb~i~e ~t forth on the r~ ve~e side hereof, dir~ted to each of the abovemamed pe~o~at the addresses s~pp~ite thor r~p~tive ~m~; that the addr~ set opposite the nam~ of said persons are the addr~ sa~a~persons as shown on · e current ~sment roll of the Town of Southold; that ~id Notic~ were, ~ll~a~ tn~ ~ni~ed ~t~ Pos~- rice at Mattituck. New York ; that said Notices wer~ ~ai~ to.~acn aT sate p~sons Dy Sworn to before me this 6th day of .T~ly ,19 Ndt~ry Public ~/ MARY R. CURRY Notary Public, State of New York No. 52-0530410 Qualified in Suffolk County Term Expire~ March 30, 19~ I I.SA(c} MATC~ SEE SEC N0. O0 I $~.6A(c) I 5.4A( c ) 7 \ ~ /~? \ \ \ \ \ '..5- \ TOWN OF $OUTHOLO 8.OAJd) 5.9A(c) 9 Z I"IAPL£ (~vAr~ 210.00 AVENUE" ,SUFFOt. I,,,: C.~.TAY tdAP DE.~IGNATtON: p!,~'~. ICCO, SEC T:JO__7: BLOEN 2, LOT- SCA L E- 40'-- (' '-'-IRON,,:.- PIPE: GUARANTEED rO THE AfdERICAN TITLE IN~u ~..ANCF.e" r"r.. ,t~.P~';'-, r'