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HomeMy WebLinkAbout2085 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~2~G BOAKD OF APPEALS Appeal No. 2085 Dated October 2, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Herbert & Catharine Lindtveit 634 Adams Place West Hempstead, N. Y. DATE .Q .~,~..,......~..6.., 1975 Appellant at a meeting of the Zoning Board of Appeals on October 16, 1975 was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to proDerty ) Bequest for a special exception under the Zoning Ordinance )Ii Request for a variance to the Zoning Ordinance ) the appeal 1. SPECIAL EXCEPTION. By re~lulion ~ the Board ~ was determin~ th~ a special exception ( ) be ~anted ( ) ~ deni~ p~suant W ~tk~ .................... Sec~on .................... Su~ection ....................paragra~ .................... of the Zoning Ordinance an~ the decision of ~e Building I~p~inr ( ) be revers~ ( ) bt, co~irmed b~ause 8:10 P.M. (E.D.S.T.) upon application of Herbert and Catharine Lindtveit, 634 Adams Place, West Hempstead, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Private Road No. 2, south side Bay View Road, Southold, bounded on the north by H. Isles; east by Corey Creek; south by C. Burst; west by Private Road No. 12. 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 hnmediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (~es not) observe the spirit of the Ordinance and (wo~d) cha~e the character ~ the dls~t 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 ( ) be reversed. SEE REVERSE ~ ~rj~ie McDemott, Secretary After investigation and inspection the Board finds that applicant requests permission to construct accessory building in front yard area on property located on the south side of Bay View ROad, Southold. The findings of the Board are that this is a reasonable request because of the risk of flooding of the rear yard. The Board agrees with the reasoning of the applicant and compliments the applicant on his eloquent presentation of the problems concerning people who own property on the water. 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, Herbert and Catharine Lindtveit, 634 Adams Place, West Hempstead, New York be GRANTED permission to construct accessory building in front yard area of property located on the south side of Bay View Road, Southold, New York, as applied for. The accessory building to be located on the property as indicated on applicant's sketch (in file). Subject to Suffolk County Planning Commission approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the ~ended Building Zone Ordinance of the Town of Southold, New York~ public hearings will be held by the Zoning Board of Appeals, ah the Town Office, Main Road, Southold, New York~ on October !6~ 1975~ on the following appeals: 7:30 P.M. (EoD.S.T.) upon application of Howard E. and Marion A. Williams, 181 Greenwich Streets Hempstead, New York for a variance in accordance with the Zoning Ordinance~ Article IIIf Section 100-30 and Bulk Schedule for permission to construct addition on front of dwelling which will reduce front yard setbackl Location of property: South side Shore Road~ Greenport~ New York~ bounded on the north by Shore Road; east by L. Stevenson; south by Peconic Bay (Pipes Cove); west by R. Rengifo. 7:45 P.M. (EoD~S.T.) upon application of Ida May Hutton, 1500 Leeton Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article iii, Section !00-32 for permission to construct accessory building in front yard area. Location of property: North side Leeton Drive, Southold, bounded on the north by Lo I. Sound; east by G. Marchese; south by Leeton Drive; west by R. White. 7:55 P.M. (E.D.S.T.) upon application of Shirley Wexler, Beach Court, Gardiners Bay Estates, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III~ Section 100-32 for permission to maintain accessory tower of ovem 18 feet in height~ Location of properhy: South side Beach Court (Private Road), East Marion, New York, Map of Gardiners Bay Estates, Lots 161-166. Legal Notice Page 2 8:10 P.M. Lindtveit; 634 Adams Place, West Hempstead~ New York for a variance in accordance with the Zoning Ordinance~ Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Private Road No. 2~ south side Bay View Road~ Southold, bounded on the north by H. east by Corey Creek; (E.D.S.T.) upon application of Herbert & Catharine Is!l~ south by C. Burst; west by Private Road ~!2. Any person desiring to be heard on the above appeals should appear at the time and place above specified~ Dated: October 2~ 1975 BY ORDER OP THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, October 9~ 1975~ AND FORW-ARD POUR (4} AFPIDAVITS OF PUBLICATION TO THE SOUTHOLD TOW~ BOARD OF APPEALS, PAiN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on October 2, 1975: Suffolk Weekly Times Long Island Traveler-Mattituck Watcb~.an Supervisor Albert M. Martocchia Howard Eo & Marion A. Williams Ida May Hutton Shirley Wexler Herbert & Catharine Lindtveit 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, at the Town Office, Main Road, Southold, New York, on October 16,1975, on the following appeals: 7:30 P.M. (E.D.S.T.) upon application of Howard E. and Marion A. Williams, 181 Greenwich Street, Hempstead, New York for a variance in ac- I cordance with the Zoning or-] dinance, Article III, Section 100- I ~0 and Bulk Schedule for per-] mission to construct addition on [ front of dwelling which will! reduce front yard setback.] Location of property: South side Shore Road, Greetaport, New1 York, boanded on the north by Shore Road; east by L. Steven- son; south by Peconic Bay (Pipes Cove); west by R. Ren~ifo. T:45 P.M. (E.D.S.T.) upeni application :of Ida May Hutton,I 1500 Leaton Drive, Southold, New~ York for a variance in ac- cordance with Zoning Ordinance, Article III, Section 100-32 for permission to construct ac- cessory building in front yard area. Location of propertY: North side Leeton Drive, Southold, .'bounded on the north by L.I. Sound; east by G. Marchese; south by Leeton Drive; west by R. White. 7:55 P.M. (E.D.S.T.) upon application of Shirley Wexler, Beach Court, Gardiners Bay Estates, East Marion, New York for a variance in accordance with Zoning Ordinance, Article III, Section 100-32 for permission to maintain accessory tower of over 18 feat in height. Location of property: South side Beach COUrt (Private Road), East M~rion, New York, Map of Gardiners Bay Estates, Lots 161-166. 8:10 P.M. (E.D.S.T.) upon application of Herbert & Catharine Lindtveit, 634 Adams Place, West Hempstead, New York for a variance in ac- cordance with Zoning Ordinance, Article III, Section 100-32 for permission to construct ac- cessory building in front yard area. Location of property: Private Road No. 2, south side Bay View Road, Southold, bounded on the north by H. Isles east by Corey Creek; south by C. Burst; west by Private Road No. 12. ~ '" Any perso~esiring to be heard on the above apt~ds should appear at the time and place above specified. Dated: October 2, 1~75 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL~ 1T09  COUNTY OF SUFFOLRo STATE OF NEW YORK, ~ ss: J Sl:ua~'l: C. Dorman being duly Sworn, s~s that .. ~.. is Printer ~d Publisher of ~e SUFFOLK ~EEKLY TIMES, a newsier pubHsh~ ~ Gr~nport, in s~d countw and ~at the noti~, of which ~e anne~ is u print~ ~py, ~s ~en published in the ~d Suf~lk W~k~ Times once in each w~k, ~ One (1) suc~ssively ~mmenc~ on ~e . Ninth . . ................... ......... ....... .............. ..... . ...... 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, at the Town Office, Main Road, Southold, New York, on October 16, 1975, on the following appeals: 7:30 P.M. (E.D.S.T.) upon ap- plication of Howard E. and Marion A. Williams, 181 Greenwich Street, Hempstead, New York, for a variance in accordance with the Zoning Ordinance, Article lit, Section 100-30 and Bulk Schedule for permission to construct addi- tion on front of dwelling which will reduce front yard setback. Loca- tion of property: South side Shore Road, Greenport, New York, bounded on the north by Shore Road; east by L. Stevenson; south by Peconic Bay (Pipes Cove); west by R. Rengifo. 7:45 P.M. (E.D.S.T.) upon ap- plication of Ida May Hutton, IS00 Leeton Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article lit, Section 100-32 for permission to construct accessory building in front yard area. Location of Pro- ' perty: North side Leeton Drive, Southold, bounde~ on the north by L.L Sound; east by G. Marchese; south by Leeton Drive; west by R. White. 7:55 P.M. (E.D.S.T.) upon ap- plication of Shirley Wexler, Beach Court, Gardiners Bay Estates, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-32 for permission to maintain accessory tower of over 18 feet in height. Location of property: South side Beach Court (Private Road), East Marion; New York, Map of Gardiners Bay Estates, Lots 161-166. ~ 8:10 P.M. (E.D.S.T.) upon .ap- plication of Herbert & Catherine Lindtveit, 634 Adams Place, West Hempstead, New York for a vari- ance in accordance with the Zon- ing Ordinance, Article II1, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Private Road No. 2, south side Bay View Road, Southold, bounded on the north by H. lsles; east by Corey Creek; sotlth by C. Burst; west by Private Road #12. ~ Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 2, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-10/9 COUNTY OF SUFFOLK STATE OF NEW YORK Sherley Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at ~outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........... [. ........................... weeks successively, commencing on the ....2 .................................. day of ...... ~.~ .......................... 19..,q,{.... ............ ...... ......... Sworn to before me this ......./...~. ............ day of ....... ................... ~ORM NO. 3 TOWN OF $OUTHOLD TOWN CL~:RK'S OFF~CE 5OUTHOLD, N. Y~ / DuiJding inspector ~ TOW~ OF $OUTHOLD, HEW YOP4( Dr' APPEAL FROM DECISION OF BUILDING INS,-~CTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL 1, eWe)..H~rD~ri.A..Q~th~r.$,~,a. Lf,~dt, w~f,.t.:,..of ........ .~3k. Ad~a.,w;L~.~.e.... ............................... :.. Name of App~elia,n,t Street and Number ..i .............. ~.9.$..EtTr~.~..t~.$..~.~ ......................................... :.,.' z..N~.w..~.9..r~:, ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .......~.t.~....2..2. A...1..9.?.~ ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (z) Name of Applicant for permit of ...... ........................ .................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Locate ~ccessory building in front yard 1. LOCATION OF THE PROPERTY ~.6.~J:~`.`+`~..~.~.~.`a:.~.~..3:~A~..~..~.?~..~.?...~.~?-`~.~e`~.~..~..~' .................. Street Use District on Zoning Map Mop No: LOt No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate thee Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Sec. 100~32 3. TYPE OF APPEAL Appea[ is made herewith for (~) 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~ as not) been made with r~spect to this decision of the BuJ]din~ inspector or with respect to this property. Such appeal wa? ( ) request for a special permit ( ::~ request for a variance and was made in Appeal No ................................. Doted ...................................................................... REASON FOP~ APPEAL ( ) A Variance to Section 280A Subsection 3 (:~) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~onn ZBt (Continue on other side). REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces~ sary HARDSHIP because During the Spring and Fall, the tide sometimes floods the back yard. In the past year, the tide came to within 15 feet of the well house. If the building in question was located in the roar yard, it would mean elevating the buildim~'s floor to above flood level. This would greatly inconvenience me in the use of the building. It would mean extra lifting of heavy objects storod there, (lawn mower, outboard motor, barbeque grill, lawn furnituro, etc.) Having the building in the rear yard would obstract our view, and our neighbor's view of the water. Since our leisure time and activities are centerod around the water, this would greatly impede our way of life. 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 The si~atio~ is unique to the entire community, not Just as it pertains ~o me. Should accessory b~ildings be built in any of the back yar~s, the same problem of flooding, lifting, and obstructing views would exist. I also feel that our situation is unique since we aro ~ocated, not on a town-maintained road, but ou a private right-of-way (dead ended) where the existence of an accessory building in the front yard is not offensive to neighbors, but om the contrary it is the accepted and practical location, since it does not block or impede access to our view of the water. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because With due respect to the Zoning Code, I submit that the character of this aroa was established, and is maintained, by considering and treating the water frontage as the front yard. This is evident by the construction of the homes. The front en- trances, porches, windows, etc. face the water. Also, every house with a flag pole has it located on the water side of the property. There are no garages or accessory buildings in the immediate area located in the rear yards. I sincerely believe that lonat&ng an accessory building in our rear yard would change the char- acter and beauty of our cc~mmmity and adversely affect the harmony. STATE OF NEW YORK ) ) ss COUNTY OF Nassau ) Signature Sworn to this ....... ~ .............................. day of ...... 8~pt~mber. ............................... 19 75. Notary Public DOROTHEA E L NOTARy PUbLIc St te ~fTJ No, 30-'76~a~ I~ew York _ Qualified in N o~ ~u p;r¢$ /Vlarch 30, 1976 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TA~E NOTICE that your application dated ,.~ ....... ~..~ .............. , 19..~~ Map ~ Dlock ~ Lot returned herewith and disapproved on the following grounds ..~~..~...~~ ...~...~.~'...~.~ ~..... ~.~ ~ ...... ~.~.....~~ ............. JUDITH T. BOKEN TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L..,~'f~ N. Y. 11971 TELEPHONE 765-3783 October 2, To: Southold Town Zoning Board of Appeals From: Judith T. Boken, Town Clerk 1975 Re: Application of Herbert & Catherine Lindtveit for a variance. Appeal No. 2085 I have on file in my office notification by certified mail to: Mr. Robert Isles, 83 01d Post Road, E. Setauket, N.Y. 11733 Mr. Charles Burst, 7 Chatham Place, Dix Hills, N.Y. 11746 Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans ~%emorial Highway liauppauge, ~!~ York 11787 TO~ of Southold Board of Appeals October 22, 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 Commission ara considered to be a matter for local determin-~ ation. A decision of local determination should not be construed as either ,an appr6val or a disapproval. Applicant Hunicipal File IIumber Howard E. & Marion A. Williams Ida May Hutton ~Shirley Wexler Herbert& Catharine Lindtveit 2082 2083 2084 2085 GGN: fp Very truly yours, Lee E. Koppelman Director of Planning TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. ) Planning Bd. Board ef A;~penla ~ 765-2660 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-! and m, the ..... ,~.~c~...r...6.....o.~....~.p~.e.,a.~..$. ........ of the town of ....~.~..~..D.~...~O.~h~l~ (agency involved) he. reby 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 Herbert & Catharine Lindtveit 634 Adams Place West Hempstead, N. Y. ............ Special permits ......X~...... Variances Location of affected land: ....... .S...o..~..~.h. ~.~.e..~..a.~' ..V.~..e..~. ROAD, $outhold 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 ............ State or county owned parcel on which a public building is situated · .XX.. Shoreline Comments: The Board agrees with the reasoning of the applicant whose rear yard faces the water. During the Spring and Fall the tide somethnes flOC.ds the backyar~. Applicant is located on a private, right of way, dead-ended. The front entrances, porches, windows of houses in the vicinity face the water. Date: October 20, 1975 ...Ch~, ...S~.u~hol~...T~m.. ~ar~ ..o~. Appeals (st~e~) Chairman, Southold Town Board of Appeals Title Date received by Suffolk County Planning Commission File No ................................. COUNTY OF SUFFOLK ;_o,.~, $OUTHOLD