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HomeMy WebLinkAbout2081 ~7 3 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appe~ No. 2081 Datod September 11, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Henry M. Aldrich Minnehaha Boulevard Southold, N. Y. DATE..se~.~....~5, 1975 1975 Appellant at a meeting of the Zoning Board of Appeal on September 25, 1975 was considered and the actio~ 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 resolution of the Board it was determined that a special exception ( ) be ~anied ( ) ~ denied pursuant ~ ~ticle .................... ~ct~n .................... Sub~ion .................... paragraph .................... of the ~ning Ordinance an~ the decls~n of the Bu~d~g I~pector ( ) be reve~ed ( ) be co~irmed b~anse 9:25 P.M. (E.D.S.T.) upon application of Henry M. Aldrich, Minnehaha Boulevard, 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 in- sufficient width and area. Location of property: Minnehaha Boulevard, Southold, New York, bounded on the north by Minnehaha Boulevard; east by G. Berge; south by Ertock & CaLan; west by Newman. 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 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) chan~e the character of the district because (would not) SEE REVERSE 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 ( ) be reversed. SEE REVERSE FORM ZB4 After investigation and inspection the Board finds that applicant requests permission to divide property with insufficient width and area on Minnehaha Boulevard, Southold, New York. The findings of the Board are that there are dozens of lots of similar or smaller size in the area. The Board finds that Lot 47 will be improved by the addition of 40 feet. It will be used to enlarge the plot and not for building. 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, Henry M. Aldrich, Minnehaha Boulevard, Southold, New York be GRANTED permission to divide property with insufficient width and area on Minnehaha Boulevard, Southold, as applied for. Subject to approval of Suffolk County Planning Commission. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Legal Notice Pg. 3 9:25 P.M. Minnehaha Boulevard, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 1~0-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Blvd., Southold, bounded on the north by Minnehaha Blvd. G. Berge; south by Ertock & Catan; west by Newman. (E.D.S.T.) upon application of Henry M. Aldrich, Minnehah~ east by Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: September 11, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, September 18, 1975, AND FORWARD EIGHT (8) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on September 11, 1975: Suffolk Weekly Times Long Island Traveler-Mattituck Watchman Supervisor Albert M. Martocchia ~ckham & Lark a/c Karl & Sophie Lanzer Herbert W. Wells, Jr. Earl D. Templeton Susanna S. Doyle Philip Pavia Paul K. Daland Caroline A. Talbot Henry M. Aldrich Notice of Hearin~,s Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southuld, New York, at the Town Office, Main Road, Southold, New York, on September 25, 1975, on the following appeals: 7:30 P.M. (E.D.S.T.) ~pon application of Wickham & Lark a- c Karl & Sophie Lanzer, 27 Sunny Road, St. James, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 180-30 and Bulk Schedule and Section 280A Town Law, for permission to divide property with reduced frontage on Main Road, and for approval of access to one lot. Location of property: ~outh side Main Road, Southold, qew York, bounded on the north ~y Main Road (Route 25) & L. Wilkinson; east by G. Nickles; south by F. Woodward; west by Cox, Barns, Brestor. 7:45 P.M. (E.D.S.T.) upon application of Herbert H. Wells, Jr., Wells Pontiac-Cadillac Inc., Route 25, Peconic, New York for a special exception in accordance with the Zoning Ordinance, Articles VI and III, Section 100- 60-C (3) and 100-30-C (6) (f) for permission to erect second ground sign. Location of property: Route 25, Peconic, New York, bounded on the north by L. Gozelskl; east by L. Gozelski; south by Main Road (Route 25); west by Peconic Lane. 8:10 P.M. (E.D.S.T.) upon application of Earl D. and Margaret N. Templeton, Peconic Bay Boulevard, Lam-el, New York for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 100- 30 & Bulk Schedule for per- mission to divide property with insufficient frontage and area. Location of property: South side of Peconic Bay Blvd., Laurel, New York, bounded on the north by Peconic Bay Blvd.; east by new or formerly F. Russell; south by Peconic Bay; west by new or formerly Potdevin. 8:80 (liI.D.$.T~). ,:l,q)~. ap- plicatian'o~ S~smm~'~ l)oyle, Madeline Avenue, leiahers Island, New York for a variance in accordance with the Zoning Ordinance, Article IH, Section 100-35 for permission to maintain hedge over maximum height in front, side and rear yards. Location of property: North side of Madellne Avenue, Fishers Island, New York, beanded on the north by H. Zabobenski; east by L. Boyd; south by Madeline Avenue; west by E. Puscarz. 8:45 P.M. (E.D.S.T.) upon application of Mr. and Mrs. Philip Pavia, Midland Parkway, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule, for permission to use residence with insufficient setback. Location of property: Lot 1, Seawnsd Acres, Midland Park- way, Southold, N.Y. 9:00 P.M. (E~D.S.T.) upon application of Paul K. and Thelma W. Dalan-d, 186 Willow Terrace Lane, Orient, New York for a varance in accordance with I the Zoning Ordinance, Article III, I Section 100-32 for permission to erect accessory building in front ~OUNTY OF SUFFOLK, ! STATE OF NEW YORK, ~ ss: ........ .~.~ .u.a.r..t..C. :...~.rm.a..n .......... being duly Sworn, says that ...h.e.... 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 a printed copy, has been published in the said Suffolk Weekly/ Times once in eoch week, for .... .~.n..e..(.~..) .............. weeks .... Eighteenth successively commencing on me ........ s ................ - . Se p tem~e-~ ..... .- 75 ~ay o! ......... ~_,~ : ~u .... Sworn to be~orevme.this day of .:~q.~. 19.~.~.. · ........... ............... yard area. Location of property: 186 Willow Terrace Lane, Orient, New York, beanded on the north by Cooper & Others; east by R.O.W. and Willow Terrace Sub.; south by P. Frey & Wf.; west by Orient Harbor. 9:15 P.M. (E.D.S.T.) upon application of Caroline A. Talbot, 23 Plymouth Road, West Hart- ford, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in front yard area: Location of property: cor. Fox Avenue, Equestrian Ave. & Pvt. Rd. Fishers Island, N.Y., bounded on the north by Private Road to Manson House Cottage; .on the east by Equestrian Ave.; south by Fox Avenue; west b~ D. Auchincloss. 9:25 P.M. (E.D.S.T.) upon application of Henry M. Aldrich, Minnehaha Boulevard, Soutbeld, New York for a variance in ac- cordance with the Zoning Or- diannce, Article III, Section ~ 30 and Bulk Schedule for per- mission to divide property with insufficient width and area. Loeatian of property: Minnehaha Blvd., Southokl, bounded on the Inorth by Mianehaha Blvd. east by G. Berge; south by Ertock & Catun; west by Newman. ~ Any person desiring to be hear~ on the above appeals should appear at the time and place above specified. Dated: September 11, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, Soptembor 18, 1975, and FOR- WARD EIGHT (8) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOVvW BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on September 11, 1975: Suffolk Weekly Times Long Island-Traveler-Mattituck Watchman Supervisor Albert M. Martocchia $glckham & Lark a~c Karl & Sophie L~mzer Herbert W. Wells, Jr. Earl D. Templeton Susanna S. Doyle Philip Pavia Paul K. Daland Caroline A. Talbot Henry _M. Aldrich by E. Puscarz. 8:45 P.M. (E.D.S.T.) upon ap- plication of Mr. and Mrs. Philip Pavia, Midland Parkway, South- old, New York for a variance in accordance with the Zoning Ordi- nance, Article III, Section 100-30 & Bulk Schedule, for permission to use residence with insufficient setback. Location of property: Lot 1, Seawood Acres, Midland Park- way, Southold, N.Y. 9:00 P.M. (E.D.S.T.) upon ap- plication of Paul K. and Thelma W. Daland, 186 Willow Terrace Lane, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to erect accessory building in front yard area. Location of property: 186 Willow Terrace Lane, Orient. New York bounded on the north by Cooper & Others; east by R.o.w. and Willow Terrace Sub.; south by P. Frey and Wf.; west by Orient Harbor. 9:15 P.M. (E.D.S.T.) upon ap- plication of Caroline A. Talbot, 23 Plymouth Road, West Hartford, Connecticut for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Section 100-32 for permission to locate accessory building in front yard area. Loca- tion of property: cot. Fox Avenue, Equestrian Ave. & Pvt Rd., Fish- ers Island, N.Y., bounded on the north by Private Road to Manson House Cottage; on the east by Equestrian Ave.; south by Fox Avenue; west by D. Auchincloss., 9:25 P.M. (E.D.S.T.) upon ap- plication of Henry M. Aldrich Minnehaha Boulevard, Southold New York for a variance in ac cordance with the Zoning Ordi- nance, Article Ill, Section 1~0-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of pro- perty: Minnehaha Blvd., South- old, I?ounded on the north by Minnehaha Blvd.; east by G. Berge; south by Ertock & Catan; west by Newman. ~ Any person desiring to be hearl on the above appeals should appear at the time and place above specified. Dated: September 11, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-9/18 Suffolk County Department of Planning H. Lee Dennison E×ecutive Office Building Veterans t~emorial Highway Hauppauge, I~ew York 11787 Town of Southold Board of Appeals October 3, 1975 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 Planning Comr~ission ara considered to be a matter {or local determin- ation. A decision of local determination should not be construed as either .an approval or a disapproval. Applicant Karl & Sophie Lanzer Earl & Margaret Templeton ~HPaUl K. Daland enry M. Aldrich i~unicipal File Uumber 2074 2076 2079 2081 Very truly yours, Lee E. Koppelm~n Director of Planning by GGU: fp TOWN CLERK 166.6186 Building Planning Bd. 766-2660 Board ef TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and' m, the ~9~-.~..¢]....q~...~.P~.e...&.~.~ ............. of the town of ...~..qp....~..h...o.~.~..,...N.:.....~..:. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes ............ Special permits X~. ....... Variances Location of affected land: ...i~d.n~e~..l~o~l.~.az.d,,...$~u.thczld.,...t~....Y ............................ within 500 feet of: (check one or more) ............ Town or village boundary line ............ State or county road, parkway or expressway ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines .XX.. Shoreline ............ 5tote or county owned parcel on which a public 'building is situated ~omments' The Board agrees with the reasoning of the applicant and inds that Lot No. 47 will be improved by the addition of 40 feet. It will be used to enlarge the lot and not for building. Subject to approval of the Suffolk County Planning Commission. (signed) Robert W. Gillispie, Jr. ..Chairman,...~ D.~ .~l%Q~...~ ~ .w~...~..q.~b~.d.....o...f...Appeals Title Date received by Suffolk County Planning Commission ........................................................................ File No ................................. FOEM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PC[AS[ TAK£ ~lOZIC[ thot3tour oppli¢otion doted ........... ~l~...../..l ................... , 19.~..~...'~ for permit toc~ ....................~ at the premises located at ...~... ............................. ...... ..~.. ~ ............................................ Street d disappr.~ved ~o~ the following grounds.......~...~...~....~ ........... . .......................... '~'~'~-'~'-~'"z ............................. ~~ ................................. C 0 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~o~'// // DATE ..$..e. R ~ em.l?..e. ~..~.., TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, (~x ....~..~...Y.. ~..,....4.~P~LC..~ ....................... of ...... ~ Ln...q ~..h.~h.~...~ .o. ~ !.~ .v..a..~ ~., ...................... Name of Appella,nt Street and Number Southold New York HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON .:..... APPLICATION FOR PERM T NO DATED ................................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ..~i,m~ ~lxa~a.. B.Q.ul .~v. or.d., .S o. uthold., ................. ~I.~¢ .. Y~;;.k,. .................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) TO DIVIDE PROPERTY 1975 1. LOCATION OF THE PROPERTY ..M~qfl...~-..b~.~.~.~x. ............. I~.!I..~.9.~ .................. Street Use District on Zoning Map Laughing Water, ............... ~kZ ...................... ~2.~..a~..2A ........ Map No. ~t 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 Sec. 110-30 and 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 Chap. 62 Cons. Laws Art. 16 Sec. 280A SUbsection 3 4. PREVIOUS APPEAL A previous appeal :J~X~) (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 ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequested forthereasontha~pplicant desires to sell the westerly 40 '][1:i~ portion to the adjoining property owners and to sell the easterly 71 foot portion as a separate residental plot and to retain the balance for himself. Potm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunn~es- san HARDSHIP becau~ it would prevent applicant from selling a 40 foot portion to the property adjoining on the west and would in effect require applicant to maintain one residence on a plot approximately three times the size of other residences in the vicinity. 2. The ha~shipcreatedis UNIQUEandisnotshared by all prope~ies alike in the immediate vicini~ ofthis propeHy and inthis use district because most all of the adjoining parcels are of the same or lesser sized residential plots separately owned. 3. The Variance would obse~e the ~irit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ the houses would all be on virtually similar sized plots and in keeping with the customary size of residential plots in the Laughing Water Area. ) SS ............. COUNTY OF SUFFOLK ) Sworn to this ................. ,5..l;.b. ..................... doy of .......... S.ep.t. emb. e~ ......................... 19 75. RENSSELAER G.TERRY, JR. NOTARY PUBLIC, State of New York No. 52-3954850 Qualified in Suffolk County Commission Expires March 30, 197Z October 8, 1975 R~nsselaer G. Terry, Esq. ~iain Road Southold, N. Y. 11971 Dear Mr. Terry: Ret Variance, Henry M. Aldrich At a hearing held by the Board of Appeals on September 25, 1975 the Board GRANTED applicant, Henry ~. Aldrich, Minnehaha Boulevard, Southold, New York, permission to divide property with insufficient width and area. The findings of the Board were that there are dozens of lots of similar or smaller size in the area and that Lot 47 will be improved by the addition of 40 fe~t. Yours truly, Marjorie ~IcDermott Secretary JUDITH T. BOKEN TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE 765-3783 September 11, 1975 To: Southold Town Zoning Board of Appeals From: Judith T. Boken, Tow~ C~erk Re: Appeal No. 2081 - Henry M. Aldrich I have on file in my office, notification by certified mail to: Geraldine Berge, 262 Floral Lane, Woodridge, N.J. 07075 Mr. & Mrs. Milo Catan, Southold, N.Y. 11971 Shirley M. Homan, 634 Brooklyn Avenue, New Hyde Park, N.Y. 11040 William M. Lees, 75 Osseo Avenue, Southold, N.Y. 11971 Mr. & Mrs. Hugh Newman, c/o J. Dickiman, Jr., Box 85, Williston Park, IO 98.0 A (c) SEE SEC NO. 133 NECK z__ x/ %.. 'x