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HomeMy WebLinkAbout2342 TO~N OF SOUTHOLD, NEW YORK AC~O~ OF T~ ZO~ ~OAP~ O~ ~ Appeal No. 2342 DaSd September 23, ACTION OF T~ ZONING BOARD OF APPE~ OF ~E TO~ OF SO~HO~ To Jack Driscoll 1300 North Oakwood Drive Laurel, NY 1977 Appellant at a meeting of the Zoning Board of Appeals on October 13, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance ( ~ Bequest for a variance to the Zoning Ordinance ( ) 19 7 7 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 9:45 P.M. (E.D.S.T.) upon application of Jack Driscoll, 1300 North Oakwood Drive, Laurel, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 C 2(a) and 100-32 for permission to construct swimming pool in front yard area. Location of property: North Oakwood Drive, Laurel, New York; Lot 447, Laurel Park. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would 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 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. NING BOARD OF APPEALS (would not) ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to construct swimming pool i~ front yard area, NOrth Oakwood Drive, Laurel, 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 district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Jack Driscoll, 1300 North Oak- wood Drive, Laurel, New Xork, be GRANTED permission to construct swimming pQol in front yard area, Lot #47, Laurel Park, North Oakwood Drive, Laurel, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. Hearings: October 13, 1977 Stankevich, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, .Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: South side Kouro's Road, New Suffolk, New York, bounded on the north by Kouro's Road; east,'.south, and west by O. Kouros. 9:15 P.M. (E.D.S.T.) upon application of Paul Hunter, Main Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front and side yard area. Location of property: North side Main Bayview Road, $outhold, New York, bounded on the north by Highwood Subdivision; east by C. Colombo; south by Bayview Road,- west by J. Krepp & wf. 9:25 P.M. (E.D.S.T.) upon application of Howard and Mary Larsen, 4660 Deep Hole Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area and construct dwelling. Location of property: East side Deep Hole Drive, Mattituck, New York, bounded on the north by H. Frenicks; east by A. Suter; south by Mattituck House Movers, Inc.; west by Deep Hole Drive. ~. 9:35 P.M. (E.D.S.T.) upon application of Jack Driscoll, 1300 North Oakwood Drive, Laurel, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C 2(a) and 100-32 for permission to construct swimming pool in front yard area. Location of property: North Oakwood 1 _ ! Drive, Laurel, New York; Lot #47, Laurel Park. / ! 9:45 P.M. (E.D.S.T.) upon application of Mr. and Mrs. ~ Walter E. Robinson, 79 Delaware Avenue, Freeport, New York (Irving L. Price, Jr., Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk schedule for permission to divide property with insufficient width and area. Location of property: Lake View Terrace (Pvt. Rd.), East Marion, New York, bounded on the north by Lake View ~d; w~st by J. K~pp & wf. 9:25 P.M. (~.D.S.T.) upon a~Ieaaon of H~ard and Ma~ ~n, ~0 ~ Drive, Mattituck, New York for a va~n~ ~ a~o~ame wi~ the ~n~g O~inance, Afficle HI, ~cfion 1~0 and Bu~ Scheme for per,sion ~ divide p~ ~th ~fficient wid~ and area a~ consRuct dwelling. L~afion ~ pro~: E~t sffie ~ Hole ~v~ Matti~ck, New Yo~, bmnd~ on ~e no~h by H. ~efficks; ea~ by A. Suer; sou~ by Ma~tu~ Hm~ Movem,  ep H~e D~ .D.S.T.) upon a~ D~co~, 13ffi Nor~ Oakw~d ~ve, ~el, N~ York for a va~nce ~ ac- c~an~ wi~ the Zon~g Or- d~anc~ A~c~ III, S~on 1~ ~ C 2(a) and 10~32 for ~ssion ~ comffuct sw~ng pm[ ~ fret ya~ ar~. L~on d prierS: Nor~ O~w~d ~v~ ~um[ New York; Lot No. 47, La~l Park. ~ 9:45 P.M. (E.D.S.T.) upon a~ca~on ~ ~. and Mm. Walter E. ~b~s~, 79 Dehwam Ave~e, ~, N~ York (Irv~g L..~e, J[., Esq.) for a COUNTY OF SUFFOLR, I ~ ss: STATE OF NEW YORK, j .. ~ .TtJ.A~ .T..~.:...DQP.,.I~..~ ................ being duly Sworn, says that . .tie .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in said countyI and that the notice, of which the annexed is ~a printed copy, has been published in the said Suffolk WeekB/ Times once in eoch week, for ......... .~ .............. weeks successively commencing on the ..... .°.~X~H .............. day of r'C Tr~ BER i 197'7' Sworn to befgre me this ....~. ...... day of .. d~..~/~.~.q~.-~ .. LEGAL NOTICE to divide Property insuf- ficient width and area. Loca- tion of property: South side Kouro's Road, New Suffolk, New York, bounded on the north by Kouro's Road; east, south, and west by O. Kouros. 9:1S P.M. (E.D.S.T.) upon application of Paul Hunter, Main Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III Section 100-32 for permission to con- struct accessory building in front and side yard area. Location of property: North side Main Bayview Road, Southold, New York, bounded on the north by Highwood Subdivision; east by C. Colom- bo; south by Bayview Road; west by J. Krepp & wf. 9:2.5 P.M. (E.D.S.T.) upon application of. Howard and Mary Larsen, 4660 Deep Hole Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insuf- ficient width and area and construct dwelling. Location of property: East side Deep Hole Drive, Mattituck, New York, boupded on the north by H. Frenicks; east by A. Surer; south by Mattituck House Movers, Inc.; west by Deep Hol~ Drive. ~ ~ 9:35 P.M. (E.D.S.T.) upon application of Jack Driscoll, 1300 North Oakwood Drive, Laurel, New York for a vari- ance in accordance with the Zoning Ordinance, Article III, Section 100-30 C 2(a) and 100-32 for permission to con struct swimming pool in fron yard area. Location of proper ty: North Oakwood Drive, Laurel, New York; Lot #47, /Laurel Park. ~.. 9:45 P.M. (E.D.S.T.) upon application of Mr. and Mrs. Walter E. Robinson, 79 Dela- ware Avenue, Freeport, New York (lt~ving L. Price, Jr., Esq.) for a variance in accord- ance with the Zoning Ordim ance, Article Ill, Section 100- 30 and Bulk Schedule for permission to divide property wi~,h insufficient width and area. Location of property: Lake View Terrace (Pvt. Rd.), East Marion, New York, bounded on the north by Lake View Terrace; east by now or formerly Huttenmoser; soath by Marion Lake; west by K. COUNTY OF SUFFOLK SS: STATE OF NEW YORK Sherley Katz, being duly sworn, says that she is on 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 Islend Traveler-Watch* man once each week for ............... il ....................... weeks successively, commencing on the ........................................ doy of .................... .................... , J9 ......... Sworn to before me this ........................ clay ot ~ Not~y Public JOSEPH FENTON FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ,:,,~ ~o ................................................................... ~ot~ ..................... ~ ....... ~......, .~. ..~..~..~.~ ...... ~.~ ........ ~.:~,r~, ~~ ~ 7 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ 3 /-//afb O^TE ......... · TO THE ZONING BOARD OF APPEALS', TOWN OF SOUTHOLD, N. Y. 1, (We) ~...~..e..~.....D1?.$Jl.~.~.~.:J, .................................. of .13.00...N~r.t~..l~ai~vo~d..~)~r.~v4 ................. Name of Appellan$ Street and Number .... ..~..~.~ ............................................................................ l_qu~..¥~E]~ ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIJ. DING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .......... C.'....k..,( ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO .~.&ek..~.l.ae~l~ ................................................ Name of Applicant for permit of ?. 7. ............... Street and Number Municipality State ( ) PERMIT TO USE ( )/PERMIT FOR OCCUPANCY 1. Loc'~kTION OF THE PROPERTY ......... J,~.0t0...12~.o.O0...Off~e0.Cl..l~12.,OlJ0 ................. ..~..~.[~'--~ ...... Street Use District on Zonihg Map 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.) Article Ill: Section 1OO-33 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( } A VARIANCE due ¢o 'lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280^ Subsection 3' ~ 4. PREVIOUS APPEAL A previous appeal (~gs) (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 ...................................................................... REASON FOP, APPEAL )/ A Variance to Section 280A Subsection 3 / A Variance to the Zoning Ordinance ) ,s requested for the reason that tho ~w:l. uJl:l.n~ ~ool ~outd not b~ planed in back yard because o~ tho topographical layout of the land. ~'orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because pl&o~m~nt et tho ov:l. mm:l. nl[ pool :l.n tho back yard Ls ilponstble beeause of the topoi~raphteal layout of the property. 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 tho road ourves around the property l®av~n~ only a five foot baek yard 3. Tl~e Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because tho proper'¢y t8 loe~ttod t.u avooded area and ~ho presen~ location of the pool blends le~o the scenery STATE OF NEW YORK COUNTY OF '~I~i~JFI, OLK SS Sworn to this ...~....~2 ................................. day of .................... SoptOl~ber .............. .............. ................... ROS£RT J. I3 SHAW NOTARY PUBLIC, State of I'~ew York (;0mm ssion f~pires ~,!arcn 30 19~_~' 1977 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 September 23, 1977 To: From: Re: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of Jack Driscoll for a variance-Appeal No. 2342 to: I have on file in my office notification by certified mail Richard L. Hammel, North Oakwood Drive,Box 48, Laurel, N.Y. Vincent J. Rich &Wf.,North Oakwood Road, Laurel, N.Y. JTT/bn cc:file BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Jack Driscoll and Wife : : 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) (Special Exception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Laurel Park, R®vatone Realty Development Corporation Lot ~47 3. That the property which is the subject of such Petition is located in the following zoning district: 'A' Residential 4. That by such Petition, the undersigned will request the following relief: II~m ~ thm ~enr lot t~ not conducive to nlaeemen~ ~aol bme&ume it tm to~o~ranhtc&ll~ unsuitable. of n swimmtn~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: A~-tt,-l~ III; Section 100-32 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 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. P~itioner Post Office Address Bn. 362 T.,~,,~'ml; N. Y. 11(~48 NAME PROOF OF MAILING OF NOTICE ADDRESS Richard Lo Hammel North Oakwood Drivo Box 48 Laurel, New York 11948 Vincent g. Rice end Wife RECEIPT FOR CERTIFIED MAIL STMARK - 0., STATE AND Z~P CODE ~ OPTIO#AL SER¥iCE$~R~ADDIT¥§N~EES p With .... d delivew '~i~ PS Form NO INSURANCE COVERAGE PROVIDED-- (See other side) JBn. 19763800 NOT FOR INTERNATIONAL MAIL ¢~ GP0:~Ts o sm-45~ RECEIPT FOR CERTIFIED MAIL .o., STATE AND zip CODE ECEIPT 'th r~tricted derive~ ...... ~n. 19763800 NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See other side) Jack Drt.eol] , residing at 1300 North Oall~ood Drive Laurel, New York 11948 , being duly sworn, deposes and says that on the 22 day of Sentaaber ,19 77 , 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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- flceat Laurel, Now York 11948 (certified) (registered) mail. Sworn to before me this 22 day offS__ ; that said Notices were mailed to each of said persons by L~ 5 9.? A(c) 39 .? A 58.2 58,6 A(c) 4,5 5.6 A (¢) )R PARCEL NO. :E SEC, NO. 129-01-901 KEY 125 16 1:~.5 A(c) (~) COUNTY OF SUFFOLK ITOW"oF SC Reap Property Tax Service Agency VILLAGE(~F Riverhead, L I., New York D~STRIC~_~O.