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HomeMy WebLinkAbout2492 TOWN OF gOUTHOLD, NEW YORK ACTION OFT HE ZON~NGBOARDOF APPEALS Appeal No. 2492 Dated November 3, ACTION OF THE ZONING BOARD OF APPEALS OFT HE TOWN OF SOUTHOLD To Everet% & Alice Swenson 230 Wesland Road Southold, New York 11971 1978 DATE ~.~...~, 1978 Appellant at a meeting of the Zoning Board of Appeals on November 3 0, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ~ Request for a variance to the Zoning Ordinance ( ) 1978 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:45 P.M. (E.S.T.) Upon application of Everett and Alice Swenson, 230 Wesland Road, Southold, New York, for a variance in accor- dance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct a carport in the front yard area with a reduced front yard setback. Location of property: Wesland Road; east by Berse and Phillips; south by Chestnut Road; west by Dickinson and Eisele. 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 unnecessary (b) The hardship created (is) (i~ 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 granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 AP?RO D , ) be denied and After investigation and inspection the Board finds that the applicant wishes to construct a carport in the front yard area of his property on Chestnut Road, Southold, New York. The findings of the Board are that the applicant's property is 234 feet in width with 150 feet of depth over most of the length of the property and 200 feet of depth over more than half of the property and there is adequate space on the remainder of the property to accommodate a carport or garage to house the applicant's vehicles. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that Everett Swenson, 230 Wesland Road, Southold, New York, be DENIED permission to construct a carport in the front yard area with a reduced front yard setback. Location of the property: Wesland Road, Southold, New York, bounded on the east by Berse and Phillips; south by Chestnut Road; west by Dickinson and Eisele. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. HOWEVER On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that Everett Swenson, 230 Wesland Road, Southold, New York, be GRANTED permission to construct a carport that is at least 35 feet from any street line and at least 10 feet from any side yard line. Vote of the Board: Ayes: Messrs: Gillispie, Doyen, Tuthill and Douglass. RECEIVED AND FILED BY T~ SOU'iHO~,_Z) TOVfN CLE~ DATE/~//~,:%,/7~ HOUR ~:/~ .~ Town Clerk, Town of Soutkold Legal Notice Hearings -2- ovember 30, 1978 8:30 P.M. (E.S.T.) Upon application of George L. Penny, IV, Soundview Avenue, Southold, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area and for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (5) for permission to have a stable less than 40 feet from any property line. Location of property: Soundview Avenue, Southold, New York, bounded on the north by Great Pond; east by E. Schriefer; south by Sound View Avenue; west by J. Charnews. ~ ~ 8:45 P.M. (E.S.T.) Upon application of Everett and Alice Swenson, 330 Wesland Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct a carport in the front yard area with reduced front yard setback. Location of property: Wesland Road; east by Berse and Phillips; south by Chestnut Road; west by Dickinson and Eisele. 8:55 P.M. (E.S.T.) Upon application of John and Patricia Koehler, 23 Essex Road, Essex Fells, New Jersey, for a v~riance in accordance with the Town Law, Section 280A for approval of access. Location of property: King Street on Majors Pond Road, Orient, New York, bounded on the north by Willow Terrace Farms; east by ~illow Terrace Farms; south by Thompsen; west by Reichel and Gazarian. 9:05 P.M, (E.S.T.) Upon application of Jim Molloy, 26 Treemont Street, Garden City, New Jersey (Mattituck House Movers, as Agent), for a variance in accordance with the Zoning Ordin- ance, Article III, Section 100-33 and Bulk Parking Schedule for permission to move a building with insufficient front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. and for a variance in accord- ance with the Zoning Ordi- nance, Article Ill, Section 100-30 C (5) for permission to have a stable less than 40 feet from any property line. Loca- tion of property: Soundview Avenue, Southold, New York, bounded on the north by Great Pond; east by E. Schriefer; south by Sound View Avenue; west by J. Charnews. ~ 8:45 P.M. (E:S.T.) Upon ~aPP~gn~.go£ Everett and Alil'e~wenson~ 330 Wesland Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-32 for permis- sion to construct a carport in the front yard area with reduced front yard setback. Location of property: Wesland Road; east by Berse and Phillips; south by Chestnut Road; west by Dickinson and Eisele. 8:55 P.M. (E.S.T.) Upon application of John and Patri- cia Koehler, 23 Essex Road, Essex Fells, New Jersey, for a variance in accordance with the Town Law, Section 280A for approval of access. Loca- tion of property: King Street on Majors Pond Road, Orient, New York, bounded on the north by Willow Terrace Farms; east by Willow Terrace Farms; south by Thompsen; west by Reichel and Gazarian. 9:05 P.M. (E.S.T.) Upon application of Jim Molloy, 26 Treemont Street, Garden City, New Jersey (Mattituck House Movers, as Agent), for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-33 and Bulk Parking Schedule for permis- sion to move a building with insufficient front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. Dated: November 20, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 11/21/78(695) 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 hearing will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Se~thold, New York, on Thursday, November 30, 1978, on the followin~ appeals: 7:55 P.M/ ( E_ ..S _. T_ . .) _ _U. pg~.. [aga! application of Scott Ben Corp., Main Road, Southold, New York, for a variance in ac- cordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Parking Schedule for per- mission to .construct a front portico on an existing building with insufficient front yard setback and a variance in accordance with the Zoning Ordinance, Article XI, Section 100-112 D for permission to have an access with in- sufficient width. Location of property: Main Road, Southold, New York, bounded on the north by Colonial Village; east by Ryan; south by Main Road; west by Boyd. 8:10 P.M. (E.S.T.) Upon application of Grabie-seudder Appliances, Inc., Main Road, (S. R. 25), Mattituck, New York, for a special exception to the Zoning Ordinance. Article VI, Section 100-60 C 2 for permission for a second wall sign. Location of property: Main Road (S.R. 25), Matt/tuck, New York, bounded on the north by Main Road (S.R. 25); east by DeMaula; south by Moore; west by Main Road (S.R. 25). 8:20 P.M. (E.S.T.) Upon application of James E. Gibbons, Lighthouse Lane, Seuthold, New York, for a variance to the Zoning Or- dinance, Article III, Section 100-31 and Bulk Parking Schedule and a variance in accordance with Town Low, Section 2~0A for approval of access. Location of property: Lighthouse Lane, Southold, N.e~...Y.or.l~. bounded o~ the north by Jockey Creek; east by Hamilton; south by Pollert; west by Karlin. 8:30 P.M. (E.S.T.) Upon application of George L. Pe~nny, IV, Soundview Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area and for a variance in accordance with the Zoning Ordinance, Article III, Section 10030 C (5) for permission to have a stable less than 40 feet from any property line. Location of property: Sound- view Avenue, Southold, New York, bounded on the north by Great Pond; east by E. Schriefer; south by Sound View Avenue; west by J. Charuews. 8:45 P.M. (E.S.T,) Unan application of Everett and ~ Wesland Road, Southo[d, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct a carport i in the front yard area with l reduced front yard setback, i Location of property: Wesland Road, east by Berse and Phillips; south by Chestnut Road; west by Dickinson and Eisele. 8:55 P.M. (E.S.T.) Upon application of John and Patrieia Koehler, 23 Essex Road, Essex Fells, New Jersey, for a variance in accordance with the Town Low, Section 2~0A for ap- proval of access. Location of property: King Street on Major Pond Road, Orient, New York, bounded on the north by Willow Terrace Farms; east by Willow Terrace Farms; south by Th0mpsen; west by Reichel and Gazarian. 9:05 P.M. (E.S.T.) Upon application of Jim Molloy, 26 Trecmont street, Garden City, New Jersey (Mattituck House Movers, as Agent), for a Variance ih accordance with the Zoui~,~nea, Article Iii; ~eti~33 and Bulk P~kin~seh/~h~l~ for per- mission to move a building with_ins~fic~eot front yard area..L~0c~tion..of property: Lo~ta~e, ~l~old, New York, bounded on th~ north by Long Island Sound; east by Mahee; south by Leeton Drive; west by Orr. Dated: November 20, 1978 BY ORDER OF TH~ SOUTHOLD TOWN BOARD OF APPEALS 1TN22-30~ COUNTY OF SUFFOLR. STATE OF NEW YORK, ~ ss: J TROY GUST ',V,~0N .................. '; ................... being duly Sworn. says that ..lie .., is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published ~t Greenport, in said county: and that the notice, of which the annexed is n printed copy, has been published in the ~aid Suffolk Weekly Times once in each week, for . . 0).f~..~ ~.) ................. weeks successively commencing on the ...~nd .................. dayof Noverabe~~'( "1'~1'9~ (i.. ..... ...... //...£ ..... ~ NA~4C'F 'i~. DOUCLAgS NOTARY PUBLIC. St~:c ~{ New Ee.~Jding in SuHolk ~un~y CII~ Bio. 52-60~1~'8~5 O FOKM NO. 3 O TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date .......................... .../~..~...~.. ........... g......, 19Z..~.. PLEASE TAKE NOTICE that your application dated ~ ~ ~, ~ for permit to construct ........................................ at the premises located at ...~.~i~.~.~. ......... Map ............... : .................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ....... ~..~.~..k..~...~...~....~...?...Y. ......................... ..S..~..o. ~.'Z..~.~. ~. ~ .......... .q.~.?¢. ......... ~..~.~.~..~ ......... LE....?..~ ....... ~.~..~.~ ....... Building Inspector --, © TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (~(.~) ~z~l;~,..~..~u~,~..~t~m, ................... of 3~..~l~m~L.,~oa~ ........................................... Name of Appellant Street and Number ....................... ..~. B.t~...q~6..s ....................................................... ...]~;...~:g..~ ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .......... ~...~......2~....~....1.~,~8. ....... WHEREBY THE BUILDING INSPECTOR DENIED TO (Z) ( Name of Applicant for permit of ......... .................. ................... ............... Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...J~t~.~...&.,..OJ~lttZl~..~li~...-....]~llt~,.:.l(J(X) ....................... Street Use District on Zoning Map 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.) Az~. III ~00-_~2 3. TYPE OF APPEAL Appeal is made herewith for (Z) 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 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 was made in Appeal No ................................. Doted ...................................................................... ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinahce ~s requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL t. Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARD. SHIP because _ o..t' f./le prel~a% loe4~c.ion of ot~ ~z'e.~e az~ the 'b~','z~'i~ of the, property, ~ ca~pox~ looa~ed an2where else ~ould be both i~practioal ~ very costly. 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 - ou~ with no ba~. It also has: an irregular sba~e, ,m~e the s~anSard rectangular _-~%pe of my neighbors property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because . ~ oel'pol't :ILS' co,man ~o ~, r~i.clent, isl zoned and ~,'ou].d be so constructed. COUNTY O~7'/~/X ) re Sworn to this ............... ~ .....................day of...~.~..td.~../Z).~.~.~.. ........................ 197ff''/ EUZABE~H ANN N~ILL~ ~TARY PUBLtC, State of New ~ flo 52-8115:~50 Su~i01k Cou~{~ ierm ExpFres March 30, i9~ JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L.I.,N.Y. 11971 November 8, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2492, application of Everett & Alice Swenson for a variance. Also included are notification to adjoining property owners as follows: Jan. n. Berse, 165 W. 20th St., N.Y., N.Y. 10011; Wesley R. Dickinson, 377 Andrew Ave., East Meadow, N.Y. 1554; Francis X. Eisele, Box 172, Indian Head Rd., Commack, N.Y. 17725; James Phillips, Box 293, Mattituck, N.Y. JTT/bn cc:file Enc./ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the Town of Southold : TO: 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) (~ ~.c.-~:~, o_.--...~ (the following relief: ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: l~e~a~l a~d 0he~ ~,oacle 3. That the property which is the subject of such Petition is located in the following z~ning district: 4. That by such Petition, the undersigned will request the following relief: To eon~-~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 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. 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 $outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~loTeel~e~ ~1, 1978 . Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICF ADDRESS IV. /o0/I ~ R. DICKIN~0N 3T~ ~drew Avenue East Meadow, N.Y. ~1554 Francis X. Eisele Box ~2 = Indian Head Bd., ~m~aek, New York ~11725 James Phillips Box ~293 l~attituck, New York ~1q952 CO O0 O00~ = cO CO CO 0") rr~ 9L6[ STATE OF NEW YORK) COUNTY OFSUFFOLK) SS.: ~-,. ~ ~ ~ ~/. ~ . , being du~x ~worn, deposes~nd says that on the ~ day of ~v~y ,19 ~ , aeponent ma.ea a true copy ot the Notice set forth on the re. verse side hereof, directed to each of the above-named persons at the addresses set opposite thor respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current as~sment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~ ~ D I~ ~] . ~. ; that said Not ces were mailed to each of said persons by (certified) (r~istered) mail.' Sworn to before me this dayof /V/~ v~'~o~' ,19_~.~ --/-- - Notary Public ELIZABETH ANN NL%'ILLE NOTARY PUBLIC, State of New Yorl~ Nb. ~,8].~5850, Suffolk t~oug~y term Ex~ires March 30, 19~0 / //®/ / / / / / / / / / / / ,.no,~.,~.5~,t ~ ~ N.47.49'40~ ~. L.SO.O