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HomeMy WebLinkAbout2071 TO~rN OF SOul'IIOLD, NEW YORK ACTION OF THE ZONING BOAILD OF APPEALS Appem No. 2071 Dated July 31, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Gary F. Olsen, Esq. a/c Harold T. Carr, Jr. & Alice Main Road M. Carr Mattituck, N.Y. Maratooka Road, Mattituck, N. DATE ~.U..g.~..S..~....14, 1975 Appellant Y. at a meeting of the Zoning Board of Appeals on August 14, was considered and the action indicated, below was taken on your ( ) Request for variance due to lack of access to properS, ( ) Request for a special exception under the Zoning Ordinance ( i~9 Request for a variance to the Zonir~ Ordinance ( ) 1975 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~ 8:15 P.M. (E.D.S.T.) upon application of Gary F. Olsen, Esq. a/c Harold T. Carr, Jr. and Alice M. Carr, Maratooka Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule to divide premises with insufficient width and area. Location of property: Maratooka ROAD, Mattituck, New York, bounded on the north by J. Hamilton; east by T. Darsaklis; south by other land of applicant; west by Maratooka Road. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) ~e reversed. sss REVSRSS APPROVED ' ~"~ ~~~ ZQ. NING BOARD OF ~PPEALS ~ Marjotie McDermott, Secretary After investigation and inspection the Board finds that the applicant requests permission to set off lot with insufficient width and area. The applicant has a separate Deed for this parcel which was purchased after the construction of his house on the adjoining parcel. There are lots of similar size, or smaller, in this area with houses built upon them. The Board agrees 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, Gary~ F. Olsen, Esq. a/c Harold T. Carr, Jr. and Alice M. Carr, Maratooka Road, Mattituck, New York be GRANTED permission to divide premises with insufficient width and area, as applied for, on property located at Maratooka Road, Mattituck, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. RECEIVED AND FILED BY ,.,'L~ u .~..' .L, LD ..... 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 of the Town of Southold, at the Town office~ Main Road, Southold, New York, on August 14, ~t975, on the following appeals: 7:50 P.M. (E.D.S.T.) upon application of A. John & Margaret J. Gada, Equestrian Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 A and Bulk Schedule for permission to divide premises with insufficient width and area. Location of property: North side of Winthrop Drive, Fishers Island, New York, bounded on the north by F. Rauch & Others; east by Equestrian Avenue; south by Winthrop Drive; west by R. Waddington. 8:00 P.M. (E.D.S.T.) upon application of Muriel A. Nielsen, Birch Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Town Law, Section 280A, for approval of access. Location of property: East s~de Kenneys Road, Southoid, New York, bounded on the north by Joseph Wheeler; east by Helen Conway; south by Joseph Wheeler; west by John Pierre. 8:15 P.M. (E.D.S.T.) upon application of Gary Fo Olsen, Esq. a/c Harold T. Carr, Jr. and Alice M. Carr, Maratooka ROAD, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Sec. 100-31 and Bulk Schedule to divide premises with insufficient width and area. Location of property: Maratooka Road, Mattituck, New York, bounded on the north by J. Hamilton; east by T. Darsaklis; south by other land of applicant; west by Maratooka Road. Legal Notice Page 2 8:25 P.M. (E.D.S.T.) upon application of George & Grace Leone, 101 Coleman Street, New London, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, ~ection 100-30 A & Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: N/S Oriental Avenue, Fishers Island, New York, bounded on the north by O. Horn; east by O. Horn & Ano.; south by Oriental Avenue; west by R.O.W. - Thurrott/Emmot. Any person desiring to be heard on the above appeals should appear at the time and place above specified. PLEASE PUBLISH ONCE, August 7, 1975, AND FORWARD FOUR (4) A~FIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on July 31, 1975 Long Island Traveler-Mattituck Watchman Suffolk Weekly Times Supervisor Albert M. Martocchia A. John & Margaret J. Gada Muriel k. Nielsen Gary F. Olsen, Esq. a/c Harold T. Carr, George & Grace Leone New London Day Jr. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordi- nance of the Town of Southold, New York. public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on August 14. 1975, on the following appeals: 7:50 P.M. (E.D.S.T.) upon ap- plicatign of A. John & Margaret J. Gada, Equestrian Avenue, Fish- ers Island, New York for a vari- ance in accordance with the Zon- ing Ordinance, Article II1, Section 100-30 A and Bulk Schedule for permission to divide premises with insufficient width and area. Location of property: North side of Winthrop Drive, Fishers Island, New York, bounded on the north by F. Rauch & Others; east by Equestrian Avenue; south by Winthrop Drive; west by R. Wad- dington. 8:00 P.M. (E.D.S.T.) upon ap- plication of Muriel A. Nielsen, Birch Road. Southold, New York for a variance in accordance with the Zoning Ordinance, Town Law, Section 280A, for approval of access. Location of property: East side Kenneys Road,, Southold, New York, bounded on the north by Joseph Wheeler; east by Helen Conway; south by Joseph Wheel- er; west by John Pierre. ~ 8:1S P.M. (E.D.S.T.) upon plication of Gary F. Olsen, Esq. a/c Harold T. Cart, Jr. and Alice M. Carr, Maratooka Road, Matfi- tuck, New York for a variance in accordance with the Zoning Ordi- nance, Article III, Sec. 100-31 and Bulk Schedule to divide premises with insufficient width and area. Location of property: Maratooka Road, Mattituck, New York, bounded on the north by J. Hamil- ton; east by T. Darsaklis; south by other land of applicant; west by Maratooka Road. ~ 8:2S P.M. (E.D.S.T.) upon ap- plication of George & Grace Leone, 101 Coleman Street, New' London, Connecticut for a vari- ance in accordance with the Zon- ing Ordinance, Article III, Section 100-30 A & Bulk Schedule for permission to set off lot with insufficient width and area. Loefi- tion of property: N/S Oriental Avenue, Fishers Island, N~w York, bounded on the north by O. Horn; east by O. Horn & Ano.;. south by Oriental Avenue; west by R.O.W. - Thurrott/Emmot. Any person desiring to be heard on the above appeals should COUNTY OF SUFFOLK STATE OF NEW YORK Sherley Katz, being duly sworn, soys that she is an Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK 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 Zraveler-Mattituck Watchman once each week for .............. Z ................................................. weeks successively, commencing on the .....7. ................................. ~7 day of ...... .<-,~.,q,~x~T~. ~ ............... Sworn to before me this ...l./. ................. day of .............. , LEGAL NOTICE Notice of Heorio~,s PURSUANT TO Section ~ of the Town Law and the provisions of the Amended Bulldin~ Zone Ordinance of the Town of Southold, New York, public : hcerin~ will be hold by the Zouln~ Board of Appeals of the Town of Southold, at the Town Office, Main Road, Seuthaid, New York, on August 14, 1975, on the following appeals: 7:50 P.M. (E.D.S.T.) upon application of A. John & Margaret J. Gada, Equestrian Avenue, Fishers Island, New York for a variance in ac- cordance with the Zoning Or- dinance, Article II1, Section 100- ~0 A and Bulk Schedule for permission to divide premises with insufficient width an~' Location ol property: Non..,de of Winthrop Drive, Fishers Island, New York, bounded on the north by F. Rauch & Others; east by Equestrian Avenue; south by Winthrop Drive; west by R. Waddington. 8:00 P.M. (E.D.S.T.) upon application uf Muriel A. Nielsen, Birch Road, Southo!d, New York for a variance in accordance with the Zoning Ordinance, Town Law, Section ~80A, for approval uf access. LocatiOn of prepo~iy: East side Kanneys Road, Southaid, New York, bounded on the north by Jceep~ Wheeler; east by Helen Conway; south by Joseph Wheeler; west by Pierre. 8:15 P.M. (E.D.S.T.) uponl application of Gar~ F. Olsan, Esq. a-c Harold T. Carl Jr. and Alice M. Carr, Marateeka ROAD, Mattituck, New York for a variance in accordance wi~ the: Zoning Ordinance, Article IH, S~c. 1~0-$1 and Bulk Schedule to divide premises with insufficient width and area. Location of property: Maratooka Road, Matfituck, New York, bounded on the north by J. Hamilton; east by T. Darsaklis; south by other land of applicant; west by Moratooka , Road. 8:25 P.M. (E.D.S.T.) upon application of Geer~e & Grace Leone, 101 Coleman Street, New London, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-~0 A & Bulk Schedule for pe~nission to set off lot with insufficient width and area. Location of property: N~S Oriental Avenue, Fishers Island, New York, bounded on the north by O. Horn; east by O. Horn & Ano.; south by Oriental Avenue; west by R.O.W.-Thurrott- Emmot. Any person desiring to be heard on the above appeals should appear at the time and place above specified. 1TA7 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ......... .?ll?.~.'. .'~ ,.. C',~; ~ ~ .......... being duly S says that .... ~ Y. is Printer and Publisher of ~he SUF: WEEKLY TIMES, a newspaper published county; and thnt the notice, of which the annexed is ~ p copy, has been published in the said Suffolk Weekly once in each week, tor ............. : ............. successively commencing on the day of .... . ......:~.,. ~.. 19~ ... Sworn to before me this .~.i .~.-~.. .... : ....... . ..... FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S O'FFICE SOUTHOLD, N. Y~ PLEASE TAKE NOTICE that your application doted ....... ~ ....... ~..~.. ............. , 19.?... .... ,~e,.m,.~ t,:, ~.~~ ......... ~, ~e ~m:~,~,~ ~t...~..,..~~~ ~....~.....~...../.~.~.~.~_~.~.....~....~..~..?~ .C~.~:: ............ : ......................... ~ ........................ ~ ................................................. Building I nsp~~ TOWN OF Sou'rHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR TO ~IZI~ZONI'I<IG BiDARD ~D-F A~P[:ALS, 7:OWN O~ SOdT~IOLD~,: N. Y. Alice ~. Cart APPEAL NO. c~c2~// Name of Appella,nt Street and Number Municipality ............... ; ............ HEREBY APPEAL TO State THE ZeN NG BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........... ~.../~Z~.....k)~.~ ............ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ~ ( ~ Harold T. Cart Jr. and Alice ~I. Cart Nome of Applicant for permit of (no #) Maratooka Road, Matiit~ck, N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY variance .... LOCATION OF THE PROPERT~ ~VIaratooka Rdad, ~lVIa~tituck, ~. ¥. A-a ic-Resident~ Street Use District on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- settle- and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Sec 100-31 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ) ' & VARIANCE aue to [ack of access .(Sta~te~ of New York Town Law Chap. _62. Cons. Laws - _Art~ 16 Sec. 280A Subsectio~ 3' ~z z ~ ~z 4. PREVIOUS APPEAL A previous appeal :J~¢~) (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 aha was made in Appeal No ................................. Dated ..................................................................... REASON FOR APPEAL ( ) A Variance tc Section 280A Subsection 3 (:¢) A Variance to the Zoning Ordinance ( ) ts requested for the reason that Form ZB1 (Continue on other sic REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because subject prer~es were taken as tero separate parcels by the same owner. Accordingly, there has been a tec_hnical merger of title mecessiating this applicatign. 2. The hardship created is UNIQUE end is not shared by oJ properties alike in the immediate vicinity of this property and in this use district because whal were once eon~fdered separate are now .merged ~sinee they ar_e owned by a eommon owner. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the two pareels ¢o be created wouit eoaforra in size and shape with the other p~reels in the neighbor_hood. To cleey the application would be to create an oversized parcel, out of charatter with other lots in the area. STATE OF NEW YORK ) ) COUNTY OF Suffolk ) ss .~~.... i.. for Gaz?f~ ~ 0 sen, ]Esq. as Att rney ~ applig~nts Sworn to this .............. .3...1..S..l. ...................... day of ............................... ~,l]~r. ................ ]9 75 JUDITH T, BOKEN SOUTHOLD, L. I., N. Y. 11971 July 3~ 1975 To.~ Southold Town Zoning Board of Appeals From: Judith T. Boken, Town Clerk Re: Application of Harold T. Carr Jr. and Alice M Carr for a Variance Appeal No. 2071 to: I h~ve on file in my office notification by certified mail John & Nancy Hamilton Bungalow Lane Mattituck N.Y. Russell D Tuthill New Suffolk Avenue, Mattituck N.Y. Mr. & Mrs. George Ira Tuthill Marratooka Lane Mattituck Tom Darsaklis 21-06 Steinway St. L.I. City N.Y. 11105 VARIANCE .APPLICATION OF HAROLD T. CARR JR. and ALICE M. CARR SKETCH OF SUBJECT PREMISES RECEIVED AND FILED BY TIFF.. $OUTI{©LD TOWN CLERK DATE ?/,fF/ ~-~ HOUR Town Clerk. Tc-:vn , '