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Home My WebLink About2405 TOW~ OF ~OUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2405 Dated April 13, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. and Mrs. Charles Westenberg 795 Bayview Drive East Marion, New York 11939 DATE May....~.~..1978 Appellant at a meeting of the Zoning Board of Appeals on April 13, 1978 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 ( ) 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 becau~ 8:10 P.M. (E.S.T.) upon application of Mr. and Mrs. Charles L. Westenberg, 795 Bayview Drive, EAst Marion, New York, for a variance in accordance with the Zoning Ordinance Article III Section 100-31 and Bulk Schedule for permission to construct addition with insufficient front yard setback. Location of property: Bayview Drive, East Marion, New York, bounded on the north by Stiege; east by Bayview Drive; south by Bayview Drive; west by Cordes. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (woald not) produce practical hardship because SEE REVERSE difficulties or unnecessary (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 P~EVERSE and therefore, it was further determined that the requested variance ( that the previous decisions of the Building Inspector ( be confirmed ( SEE REVERSE FORM ZB4 ) be granted ( ) be reversed. BOARD OF APPEALS ) be denied and After investigation and inspection, the Board finds that the applicants request permission to construct an addition with insufficient front yard setback, Bayview Drive, East Marion, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. 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 this property and in the same use districts; and the variance would not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Mr. and Mrs. Charles Westenberg, 795 Bayview Drive, East Marion, New York, be GRANTED permission to construct addition with insufficient front yard setback, Bayview Drive, East Marion, New York, as applied for, subject to the following condition: The applicant shall not reduce the front yard setback to a figure less than 27 feet. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. Legal Notice 8:10 P.M. L. Westenberg, -2- Hearings: April 13, 1978 variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct addition with insufficient front yard setback. Location of property: Bayview Drive, East Marion, New York, bounded on the north--by Stiege; east by Bayview Drive; south by Bayview Drive; west by Cordes. 8:25 P.M. (E.S.T.) upon application of Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York (Anthony B. Tohill, Attorney) for a variance in accordance with the Zoning Ordinance,! Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient side yard setback. Location of property: Right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by Baxter; south by Krupski; west by Gallagher. 8:40 P.M. (E.S.T.) upon application of Southold Savings Bank, Main Road, Southold, New York (Richard Lark, Attorney) for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-112 H for permission to construct accessory off-premises parking lot in excess of 200' from main premises. Location of property: East side Railroad Avenue (Youngs Avenue) Southold, New York, bounded on the north by P.B.M. Associates; east by Rich; south by Eiseman; west by Railroad Avenue. 9:00 P.M. (E.S.T.) upon application of Cynthia Mahnken, Box 117, Purcellville, Virginia (Gary Olsen, Attorney) for a variance in accordance with the Zoning ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: Horton Lane, Southold, New York, bounded on the north by Conway; east by Horton Lane; south by Grattan; west by Greenfield Acres Sub. Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling on un- dersized lot. Location of property: Stephenson Lane (Put. Rd.), Orient, New York, bounded on the north by Private Read; east by Bur- nham; south by Old Main Read; west by Lomas. 8:00 P.M. (E.S.T.) upon application of Mattituck Anchor Inn Corp., Box 18, Mattituck, New York for a special exception in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 C 6(f) for permission to erect off-premises directional sign. Location of property: Sound Avenue, Mattituck, New York, bounded on the north by Sound Avenue; east by Pylko; south and west by J. Megho. 8:10 P.M. (E.S.T.) upon application of Mr. and Charles L. Westenberg, 795 Bayview Drive, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct ad- dition with insuffigient front yard setback. Location of property: Bayview Drive, East Marion, New York, bounded on the north by Stiege; east by Bayview Drive; south by Bayview Drive; west by Cordes. 8:25 P.M. (E.S.T.) upon~ application of Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York (An- thony B. Tohill, Attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with in- sufficient side yard setback. Location of property: Right- of-way, north side Oregon Read, Cutchogue,' New York, bounded on the north by Long Island Sound; ~ast by Baxter; south by Krupski; west by Gallagher. 8:40 P.M. (E.S.T.) upon application of Southold Savings Bank, Main Read, Southold, New York (Richard Lark, Attorney) for a w~qance in accord~nea with the Zoning Ordinance, Article Xl, Section 100-112 H for permission to COUNTY OF SUFFOLI~, I STATE OF NEW YORK, ? ss: ....q~..~.Y..q~..S..T.A.V..q.O~ .................. being duly Sworn, says that ...H~.... · is Printer and Publishe~ of the SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in said county~ and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times ance in each week, f~r ..... .Q .N~ .................. weeks successively commencing on the . ..qI~TI~ .................. day of ..... .A. pp..IL.. ,.f._~..~.. ~ ....... ................... Sworn to before me this .l.l~..~ ..... ] aa¥of .... ~- ..... 19.7~.. I ~ LEGAL NOTICE Notice 6f Fiearings Pursuant to Section 267 of the Town Law a~d the provi- sions of the Amended Building Zone Ordi/~ance of the Town o[ Southold, New York,~ public hearings Will be held by the Zoning Board of Appeals at the Town .Hall~ Main Southold,'Ne~ York, o~ Thurs- day, April 13, 1978, on the following appeals: 7:30 P.M.' (E.S.T.) upon · application of John Malinow- ski, Second Street, New Suf- folk, New Yorkl to rescind variance granted on January 12, 1978, givingz~ermission to use existing business building for assembly of parts. Location of property: welt side Second Street, south side King Street; east by Second Street; south by FI. Aponik and otb? !~.nd of applicant; west b$, ihThird Street. 7:30P.M. (E.S:T.) recessed hearing upon ~ipplication of Patrick Edward and Linda Martz Lyons for a special exception to reinstate non- W~eglio. (E.S.T., upon pplicatton of Mr. and Mrs. Charles L. Westenberg, 795 Bayview Drive, East Marion, New York for a variance in accordance with the Zoning Ordinance; Article Ill, Section 100-31 and Bulk Schedule for permission to construct addi- tion with insufficient front yard setback. Location of pro- peny: Bayview Drive, East Marion, New York, bounded on the north by Stiege; east by Bayview Drive, south by Bay- view Drive; west by Cordes. 8:25 P.M. (E.S.T.) upon application of Mr. and Mrs. David Ricereto, Oregon Road, Cutchogue, New York (An- thony B. Tohill, Attorney) for a variance in accordance with the Zoning Ord~nce, Article IIl, Section 100-31'~d Bulk Schedule for permission to construct dwelling with insuf- ficient side yard setback. Loca- tion of property: Right-of-way, north side Oregon Road, Cut- chogue, New York, bounded on the north bv l~n~ l~land COUNTY OF SUFFOLK STATE OF NEW YORK Patricio Wood, being duly sworn, soys thor she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspoper printed at Southold, in Suffolk Counl~t; ond thor the notice of which the onnexed is o printed copy, hos been published in said Long Islond Tmveler-Wotch- mon once eoch week for ........... ~.. .......................... weel~ successively, commencing o¢~ the ..... (4. ............................... ................... ,.. ......... ........... ............ Sworn to before me this .......... / ............ ckly o? .................. Notary Public TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N, Y. NOTICE OF DISAPPROVAL File No ........... ...~.,..~:....0....?.: ................................. Date ............................../Z~, ......................... '~/ , 1970~'''. ...... To .......... ........ ................ ..'Z..~ ........ ~.,.,.~.~. ........ ~.~... .......................... ~........~.~:..~ .................. PLEASE TAKE NOTICE that your application dated .................................................... , 19 ........ for permit to construct ~/(t~'~----~ at the premises located at ........ ~...,~...~.!.'~. · ....... .~..::.~...'~.~..~.. .......... Street Map ................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ............................................................ ..................... ~.,.~.,,::,Z~.r..,.:..:.~ ............. L~.z::~::......~...~.~.... ...,~.....~../....c.c~. .................. l'r" l" i~' """ Building Inspector 0 O TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS; TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~ D^TE 1, (We) ..Mr.,..~,Mr~,..Ch~rZes...I--...~es.te~b~r.~ ....... ~.95...Ba.l~.i.e~..l~.~.~e ................... Name of Appellant Street and Number G~ dlr~er m .. ~a.y...gst at e~ ~ ...~ ~..M~r. ion ........... Municipality ....... ~I¥ ............... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OP THE ,BUI~,IN,~NSPECTOR ON ..................................... .................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .. 7..9...5.....B..a..33Z..i...e..w.., ...Dr...i..v..e...... ~a~ .¢...M~Ao~ ~ ................... ~. ............................ Street and Number Municipality State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit for alteration and addition 1. LOCATION OF THE PROPERTY .~..~..?..5....B"~.~.~..~..e.~....']~....~..~...e..~...~.?...~..~.~8..~..e.......~...e.~.~ .... Street Use District on Zoning Map 89 & 90 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.) Art III 100-31 and bulk parking 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 (:Ka~c(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) ( ) is requested for the reason that front yard set back. REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance a portion of the residence encroaches on the A two car garage is provided underneath the residence t%rm zm! (Continue on other side) REASON FOR APPEAL 0 Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because it would require the proposed extension to have an off-set and would cause undue room layout of proposed extension. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because of the irregular Shape of the property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are other residences in the deveoopment that encroach on side and front yards. The area is strictly residential and the residence to be altered and added to is for perman~m~t occupancy. STATE OF NEW YORK ss COUNTY Of Nassau Sworn to this ............... ~,~:O.d, .................... day of ......... ~1¢.~.h ................................... 19 78 WARREN A. SAMBACH JR. .Not~ry Public, State of New No. 30-451679'2 Quahf~od in Nassau County Commissioa Expires March 30. ' Signoture ~ Town of Southold Board of Appeals Suffolk County Department of Planning H. Lee Dennison Fxecut!.ve Cffice Building Veterans lfemozial Highway HauppauEe~ New York 11787 (516) 979-291§ April 19, 1978 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 Plannin? Commission ara considered to be a matter for local determination. A decision of local deterr~ination should not be construed ns either an approval or a disapproval. Applicant ?~unieipal File .'.l~mber Mark S. Sharman MattituckAnehor Inn Corp. Mr. & Mrs. Charles Westenberg 2402 2403 2405 Very truly yours~ Lee E. Koppelnan Director of Plannin~ Gerald G, ~lewman Chief Planner TOWN CLERK 765-3783 Buildin.g Dept. f Planmng Bal. 765-2660 Board of Appeals Town Of Southold TOWN CLERK'S OFFICE Main Road Soufhold, N. Y. 11971 Pursuant fo the General Municipal Law, Chagter 24. of the Consolidated Laws, Artlcle 12-B, Sections 239-1 end m, the .....~JO~t'l~..O.~..~3J3~lS ........ of the town of Sou+hold, N. Y. hereby refe~ the following (agen~ involv~J proposed z~i~ action fo the Suffolk County Pbnning Commission: (check one} ........... New and r~odified zoning ordinance ........... Amendment +o the zoning ordinance ............ Zoning changes ........... Special permits .X ....... Variances bcatbn of .ffected bnd: ...... ~$~..~.~...~...~.~9~..~. ......................................... within ~ feet of: (check one or more) ............ Town or village boundary ............ State or county road, parkway or expressway ............ State or coun~ ,park or recreation area ............ Stream or drainage channel owned by the coun~ or for which +he coun~ has established channel lines ............ State 0r county owned ,~rce[ on which a public building is situated X · he applic~s ~e~e g~ed ~ission ~o oonm~c~ addition insuf~ioi~ f~on~ ~a~d saUcE. Mr. and Mrs. Charles Westenberg 795 B&yview Drive East Marion, NY 11939 (signM) P~bert W. GilliSpie, Jr. Chairman Tide Date received by Suffolk Counfy Planning Commission ...................................................................... File No ................................ C OTTO J. SAMBACH WAF~I~I='N A. SAI~IBACH CONS U LTINO ~:NO~N ~R$ - PLAN N £R5 173 ~HILL$1DE AVE. NUE April 5, 1978 Board of Appeals Town of Southold Southold, NY 11971 Re: Mr. &Mrs. Charles L. Westenberg Bayview Drive Gardiners Bay Estates East Marion~ NY 11939 Gentlemen: With reference to the above application requesting a variance, we submit pictures of the existing residence. Picture #1 shows the front of the house from across the street at Bayview Drive and Parsons Blvd. Picture #2 shows part of the front of the house with the proposed addition outlined in red. Picture #3 shows the side and rear where the proposed extension could be built. Picture #4 is taken north of the existing residence on Parsons Blvd. Due to the irregular shape of the property and curveature of Bayview Drive and Parsons Blvd. the proposed extension will encroach on the thirty five (35') set-back. The proposed extension will be screened out from view from Parsons Blvd. by the existing evergreen tree now planted as seen in picture #4. S 'ncerely, Warren A. Sambach, P.E. df Eric. Picture ~t. Front of Residence from across the street at Bayview ~rive & Parsons Blvd. Picture Part of front of house with proposed addition outlined in red~ OTTO A SAMBACH WARREN A. SAMBACN CONSULTING E~{Gir{EEi~ & ~A~ ~ 7 HILLSIDE AVE. WILLISION PARK, N.Y. 115~ Picture ~3. Northside end rear view where proposed extension is to be built. Picture ~4. North view of existing residence from Parsons B!vd~ {Proposed extension would be screened by evergreen tree.) OTTO J. SAMBACH WARREN A. SAMBACH IRVING L. PRICE, JR. ATTORNEY AT LAW March 31, 1978 Board of Appeals Town of Southold Southold, New York Estate of Elsie M. Cordes Re: Application for Variance b~ Mr. & Mrs. Charles Weste.nberg Gentlemen: I am in receipt of Notice of Application for variance by Mr. and Mrs. Charles Westenberg. I see no objection to their application. Please make this letter part of your record. Very truly yours, ILP/dg JUDITH T. TERRY TOWN C~RK REGISTRAR OF VITAL STATISTICS O Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 March 30, 1978 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2405, application of Mr. & Mrs. Charles L. Westenberg for a variance. Also included are notification to adjoining property owners as follows: Rev. & Mrs. Martin St±ege, Bayv±ew Drive, East Marion, N.Y. 11939; Estate of Elsie Cordes c/o Irving Price, 238 Main Street, Greenport, N.Y. 11944; Vincent Cayne, P.O. Box 261, East Marion, New York 11939. Town Clerk JTT/bn cc:file Enco/ 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) (:~llllalIOIlll~lll~) (Sl[ll~llll~ll~O~) (the following relief: ~ IZ1; 100~31 2. That the property which is the subject of the Petition is~located adjacent to your property and is des- cribed as follows: 793 ~_~.~ ~r~ ~l~d:~a ~ ~ ~ ~e 2~! are 90e~ 1,1 17· 27e~ 1~6.80e{ ',4eat: H 7e32· 30~g 3~.OVt gaa~ .,~,3e $9' 30'~ 131.0v 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That_th_.ej~r_ovislo.~s.o~f heL~_~lu.L~l_d ~o_w~Co_~e a_~.p~c..a~blle~ th~ er~.~l~ b~he under- signed ar.e:. ~ ~ ~a~a4? .~ ~m~-.~ l~mm,u,a,a~ 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 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. Dated: ~l~qllh ~ Petitioner Post Office Address ~{.{.li.~ P, mrk, ~ 11396 NAME Rev. &Mrs. Martin Stiege Estate of Elsie Cordes c/o Irving Price Vincent Cayne PROOF OF MAILING OF NOTICE ADDRESS Bayview Drive, East Marion, NY 11939 238 Main Street, Greenpoint, NY 11944 P.O. Box 261, East Marion, NY 11939 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Warren A. Sambach , residingat 173 Hillside Avenue Williston Park, NY 11596 , being duly sworn, deposes and says that on the :~a day of M~*~h ,19 78 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curre0t assessment roll of the Tosvn of Southold; that said Notices were mailed at the United States Post Of- rice at ~J~:~j <~,/~j ~/V. ; that said Notices were mailed to each of said persons by (certified) (registered) n~ail. Sworn to before; me this _ day of March~ 19 70 Notary Public WARR£N ~ SAMBACH JR. Notary Public, State of New Yort~ No. 30.4516792 Qualified in Nassau Cou~ ~ Commiss~o~ ~plr~s March 30. 19~ ~roperty Mr. & Mrs. Charles L. Bayview Drive Gardiners Bay Estates East Marion. NY In'QuestionCtlined in Red Westenberg 8'~ 84- '7/ SS 61 59 13'7 159 q~ 161 O/TO J. SAMBACH WARREN A. SAMBACH CONSULTING £NGINZEBS & ~ 17"~ HILMSID£ AVE. W1LLISTON PARK, N.Y. 1159~ MA~ OF LAND "Map o{ SU~¥F-YED ffO~-. C. MAI;P-LE$ L. ,- dEAN E. WESTENSER.~ AT F_--AST MAP. ION TOWN Of:' / / / ./ / / ~6 ./' Sp~'/ng ' ' Pond . ,' - . 6.8A(c) / / 18 FOX ISLAND \ ESS] I.SA( c )