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HomeMy WebLinkAbout2265 TOWN OF SOUTHOLD, ~E~V YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2265 Dated April 8, 1977 ACTION OF TI-IE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To George Foster Bayview Road Southold, NY 11971 DA.rE..~.~.~..~i, 1977 Appellant at a meeting of the Zoning Board of Appeals on April 21, 1977 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 (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolni~n of the Board ~ was d~ermined that a special exception ( ) be granied ( ) ~ denied pursuani to Arl~le .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decis~n of the Bui~ing I~pector ( ) be reversed ( ) be co~medb~ause 10:10 P.M. (E.S.T.) upon application of George Foster, Bayview Road, Southold, 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 existing dwelling. Location of property: North side Bayview Road, Southold, New York, bounded on the north by Canal (West Creek); east by Obre; south by Bayview Road; west by McCasalan. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (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 (would not) 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 APPROVED ZONINO  BOARD OF APPEALS ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to divide property with existing building, north side Bayview Road, Southold, 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, George Foster, Bayview Road, $outhold, New York, be GRANTED permission to divide property with existing dwelling, north side Bayview Road, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Giliispie, Bergen, Hulse, Grigonis. © O Legal Notice -3- Hearings: April 21, 1977 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: West side Track Avenue, Cutchogue, New York, bounded on the north by K. Gagen; east by Track Avenue; south by Lots 1 and 5, Pequash Acres; west by Tyre and Fior. 9:45 P.M. (E.S.T.) upon application of George Foster, Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bul Schedule for permission to divide property with existing dwell~5 Location of property: North side Bayview Road, Southold, New~ York, bounded on the north by Canal (West Creek); east by Obre/ south by Bayview Road; west by McCasalan. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 8, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD'OF APPEALS PLEASE PUBLISH ONCE, APRIL 14, 1977, AND FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on April 8, 1977: Agway Petroleum Corp. Walter F. and Flora S. Luce Ellis and Helen Hyers Joan Langemyr re: Hyers Robert Adipietro Rhoda Weston Theodore Andruski Carol and John Plock, Jr. Spencer W. Petty, III George Foster Legal NolJce [continued from previous page} mission to set off dwelling on lot with insufficient width and area. Location of property: Indian Neck Lane and Leslie Road, Pocoaie, New York, bounded on the north by Leslie Road; east by Indian Neck Lane; south by Lots No. 2 and 4 "East Hill" Sub- division. 9:00 P.M. (E.S.T.) upon ap- plication of Rhoda Weston, 76 Bogart Avenue, Port Washington, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side- yard setback. Location of property: West side Snug Harbor Road, Grcenport, New York; Lot No. 55, Seclion III, Cleaves Point Subdivision. 9:10 P.M. (E.S.T.) upon ap- plication of Theodore Andruski, Walnut Avenue, Mattituck, New York for a variance in ac- cordance with the Zonin~ Or- dinance, Article III, Section 100- 32 for permission to construct accessory building in front yard area. Location of property: West side Walnut Avenue, Mattituck, New York, bounded on the north by Deniz and Heft; east by Walnut Avenue; south by W. · Corwin; west by Corwin, Yarusso. & Coutts. 9:20 P.M. (E.S.T.) upon ap- plication of Carol and John Plock, Jr., 10003 No. Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct tower exceeding maximum height. Location of property: Right-of-way, north side North Bayview Road, Southold, New York, bounded on the north and east.by Ker~ster & others; south by J. Plock; west by right-of-way. 8:30 P.M. (E.S.T.) upon plication of Spencer W. Petty, III, Track Avenue, Cutchogue, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Sect}on 100- 30 and Bulk Schedule for per- mission to divide property with insufficient width and area· Location of property: West side Track Avenue, Cutchngue, New York, bounded on. the north by K. Gagen; east by Track Avenue; south by Lots 1 and 5, Pequash Acres; west by Tyre and Flor f~..9:45 P.M. (E.S.T.) upen~"~-~-'~ I plication of George Foster, ] Bayview Road, Southold, New 'York for a variance in ac- cordance with the Zo '.ni~g Or- dinance, Article III, Sect~ 100- 30 and Bulk Schedule f~r per- mission to divide property with existing dwelling :I.~agion of property: North side Bayview Road, So~thot~l, New York, bounded oalthe north bY Canal (West Creek); east by Obre south by Bayview Road; west McCasainn. Any person desiring to be hear on the above appeals shoul appear at the time and place above specified. Dated: April 8, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TA14~2672 ( I t S ¥ 0 S COUNTY OF SUFFOLK, l STATE OF NEW YORK, ~ Stua~-t C. Dc says that he is Printer WEEKLy TIMES, a newspape county; and fahat th~ noti~, o ~py, ~s ~en published in once in ~och w~k, for . ~ suc~ssiv~ly oommencing on of ...... ......... S~ to ~re me this ... say of .. ...... area. Location of property: Indian Neck Lane and Leslie Road, Peconic, New York, bounded on the north by Leslie Road; east by Indian Neck Lane; south by Lots //2 and 4 "East Hill" Subdivision. 9:00 P.M. (E.S.T.) upon ap- plication of Rhoda Weston, 76 Bogart Avenue, Port Washing- ton, New York for a variance in accordance with the Zoning Ordi- nance, Article Ill. Section 100-30 and Bulk Schedule for permission to construct dwelling with insuf- ficient side-yard setback. Loca- tion of property: West side Snug Ftarbor Road, Greenport, New York; Lot #55, Section Ill, Cleaves Point Subdivision. 9:10 P.M. (E.S.T.) upon ap- plication of Theodore Andruski, Walnut Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Art- icle IlL Section 100-32 for permis- sion to Construct 9cces~sory build- ingJn front yard ar~a. Location of property: West s~de Walaut Ave- oue. Mattituck, New York, bounded on the north by Deniz and Hell; east by Walnut Avenue; s~uth by W. Corwin; west by Corwin, Yarusso, & Courts. 9:20 P.M. (E.S.T.) upon ap- plication of Carol and John Hock, Jr., 10003 No. Bayview Road, Southold, New York for a variance in a~cerdance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct tower exceeding maximum height. Location of property: Right-of-way, north side North Bayview Road, Soutbold, New York, bounded on the north and east by Keroster & others; south by J. Hock; west by right-of~v~ay. 9:30 P.M. (E.S.T.) upon ap- plication of Spencer W. Petty, III, Track Avenue, Cutchogue, New York for a variance in accordance with the Zoning Ordiannce, Art- icle Ill, Section 100.30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: West side Track Avenue, Cutch- ogue, New York, bounded on the north by K. Gagen; east by Track Avenue; south by Lots I and 5, Pequash Acres; west by Tyre and Flor. ~ 9:45 P.M. (E.S.T.)"~-po-n' ~'I~--' plication of George Fogter, Bay- view Road, Southold, 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 existing dwelling Location of property: North side Bayview Road, Southold, New York, bounded on the north by Canal (West Creek); east by Obre; south by Bayview Road; west by Mc- --Casalan. ~.Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: April 8, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-4/14 OWN OF SOUTHOLD, NE~ YOR APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~:~ ~(~ DATE ..~.....8 ........ 1977 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], (We) .....,G..e..o..~.e...~.o...s.~.e..~ ................. i ........... of ~ iew Road Name of Appellon* Street and Number ................................... ~...o..u..~.~..o...~.~. ............................................ ,.~....~... ......... :..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED April 8 1977 WHEREBY THE BUILDING INSPECTOR DENIED TO ..... .Qe..cT~.g.e...~.Q s.t,e ~'. ............................................ Name of Applicant for permit of ..$.~,~,.~.~... ~ ~ ~ql, ................. $.o.~tk~.l~ ......... ~.^Z,. ..................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY · ) permit to divide property with existing dwelling for second building lot 1. LOCATION OF THE PROPERTY .....~./.~.....~.~,X.'R'.;:J,.~W...~.Q~I, ............................. .".A~...~I,.~.~..~ .......... Street ........ ~ ........................................... ~ .............. Southold Map No. Lot No. Use District on Zoning Mop 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 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 Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (:Jl~,s~(has not) been mode 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 FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) . is requested for the reason thaf ~ We have ove~ to set off another building lot 80,000 Sq Ft of land and wish of less than 1~0 ft width. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulti~ or unn~es- sob HARDSHIPbecau~ : The land has over 83~000 Sq Ft of area but is odd shaped and backs up on a dredged canal. We prOpose to set off a lot for second dwelling - see attached map. 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 This is an odd shaped lot sloping tward the north. 3. The Variance would obse~e the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~: The lot division is the best possible layout for two houses ~ each having over $0,000 sq ft area. Thee house existing and the one to be build will be for one family occupancy~ so there will be no change or harm to the area. STATE OF NEW YORK ) ) ss COUNTY OFsuffolk ) Signature Sworn to this 8 day of A~qril , 19 77 JUDITH T. TERRY Notary public, State of Ne~ York No. 52-0344963 Suffolk CountL~,~ Commission Expires March 30, 19./~7 / Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, New York 11787 Town of Southold Board of Appeals April 27, 1977 Pursuant to the requiremel~ts of Sections 13.23 to .133Z of.the Suffolk County Cha~ter, the following applic'ation.s which.have' been referred to the Suffolk County Planning Comi~is'sion"are :¢0n~idere~l to be a matter for local determination. A decision of local determination should not be construed as either an approval dr a disapproval. _..~pplicant Municipal File Number Ellis & Helen Hyers Walter & Flora Luce 'Rhoda Weston George Foster 2258 2259 2261 2265 by Respectfully yours, Lee F,. tfoppelman Director of Planning Founders Hon~es Inc i.!ain Rosd Southold, ~.Y. April 26~ 1977 Gentlemen! The a~lication of George Foster to set off an odd shaped lot~ N/S Bayview Roadt Sou,,thold~ was approved by the Board of appeals on April 21S appeal # 226%. Please be advised: the final paper%~'ork ,~*~l be signed and :~,i~ out after ~ne~r ne~:t ~eetlng ~a~,' 12th. Yours truly Sr ~uliding Ins~ec~or C TOWN CLERK 765-3783 Building Dept. l Plannlng Bd. 765-2660 Board of Appeals Town Of Southold TOWN CLERK'S OFFICE Main Road Soul'hold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article I2-B, Sections 239-1 and m, the ...~9~C~..Qf..Ap~3.],~ ......... of the town of Southold, N. Y. hereby refers the following (agency bvolvedI proposed zon~r~g action to the Suffolk County Planning Commission: [check one) New and recodified zoning ordinance Bayview Road ........... Amendment to the zoning ordinance Southold, NY 11971 ............ Zoning changes ............ Special permits ............ Variances Location of affected land: ....~Z~..~'~/~..R~C:U~ ..~O.]~f~,. ~3~, ................................ within 500 feet of: (check one or moreI ............ Town or village boundary line ............ State or cou.nty road, parkway or expressway ............ State or count/ ,park or recreation area ........... Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned .parcel on which a public buildlng is situated X Shoreline Comments: The ~oard grante~ the a~licant permission to d~vide property with existing dwelling. (signed) Robert W. Gillispie, Jr. Chairman Title Date received by Suffolk County Planning Commission ............................................................ File No JUDITH T. TERRY TOWN CLERK P~EGISTRAP- OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE 765-3783 April 8, 1977 To: Southold Town Zoning Board of Appeal From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2265, application of George Foster for a variance. APPEAL BOARD MEMBERS Robert W. Gilllspi¢, Jr., Chairm~n Ro~o¢ rt Bergen S~r~ Doyen, Jr. Fr~ Huls~, Jr. 0 Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 1!9'71 Telephone 765-9560 April 12, 1977 Paul Obre 1040 Park Avenue New York, NY 10028 Dear Mr. Obre: As per our telephone conversation, find a copy of Enc. enclosed please the George Foster survey. Yo s u!y~ BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : George Fo~te~ : 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: Va~ia~oe ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Nn C~r~l (,,esi: C~.eek).t Et Oblm! S~ Bayviev Road.I 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: Divide let to bt,!!d _-ee~nd dwe!!~.~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- 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. Dated: April. 8' 19~T Petitioner Post Office Address Southola PROOF OF MAILING OF NOTICE NAME 1 o. 801739 RECI:IPT FOR CI:RTIFIED MAIL N01ISURANCE ~0VE~&eI: PR0¥1~ED-- NOT FOR IIJ1~RNA110NAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ADDRESS 801738 RECEIPT FOR CERTIFIED MAIL 140 II~P,,AI4~E COVERAGE F~OVIOEO-- N~T F~! EJI'ERNA110NAL MAIL (See Reverse) , being duly sworn, depose~ and says that on the ~' day of ~-~ ,19 7._.~_, deponent mailed a true copy of the Notice set forth on the re- verse sid~ 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 rolt of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~.~,~.~--~.~,~ ; that said Notices were mailed to each of said persons by (certified) (~) mail. Sworn to befor~e~me ~his~ ~, day of ~ ,19 Not~ry Public JUDITH T. TERRY INJ~ti~, Bi:ate of New York ~-0~t4~3 Suffolk Count~ 19.3A (c] SLEEPY IO,5 HOLLO~, I$ DR. GLENN 1.2 t tO~L, 18 6'5 SEE SEC NO. 076 ~Z9 ~0 4