The URL can be used to link to this page

Home My WebLink About1994 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1994 Dated December 26, ACTION OF TI-I~ ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Rudolph Bruer, Esq. a/c Anne C. Lemley Bay Avenue East Marion, N. Y. DATE .~..~k~.,.....~..~. 1975 1974 Appellant at a meeting of the Zoning Board of Appeal on January 9, 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 ( ) 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 because 10:30 P.M. (E.S.T.) upon application of Rudolph Bruer, Esq. a/c Anne C. Lemley, Bay Avenue, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with existing buildings with insufficient width and area. Location of property: South side Bay Avenue, East Marion, New York, bounded on the north by J. Fasio; east by Private R.O.W.; south by Lebrowski and Heroy; west by Bay Avenue. 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 difficulties hardship because SEE REVERSE (b) The hardship created (is) (~ not) unique and (would) (would not) be shared by aH properties alike in the immediate vicinRy of th~ 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 (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. APPROVED SEE REVERSE ~ '"'7 '~ ~ 5 q'l zoNi o BOm =jorW S cretar After investigation and inspection the Board finds that applicant requests permission to divide lot with existing buildings on the south side of Bay Avenue, East Marion, New York. The findings of the Board are that there will be no change in the character of the neighborhood, that this division of property will recognize an existing situation. 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, Rudolph Bruer, Esq. a/c Anne C. Lemley, Bay Avenue, East Marion, New York be GRANTED PERMISSION TO divide lot with existing buildings on the south side of Bay Avenue, East Marion, New York, as applied for, subject to the following condition: That there shall be no further diminution of side and front yards of either of these residences. Vote of the Board: Grigonis, Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions oi the Amended Building Zone Ordi. nance of the Town of Southold, Suffolk County, New York, publk 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 January 9, 1975, on the following appeals: 7:45 P.M. (E.S.T.) upon ap- plication of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a {ariance in accordance with the Zoning Ordinance, Article VII, Section 100-70 (B) (f) for permission to construct Body Shop on property which may not be 300 feet from a residential zone on the Bray Avenue side of the street. Location of property: 'N S Main Road, Laurel (Dist. 1D', New York, bounded on the north by J. O'Connell; east by A. Goodale; south by Main Road; west by J. O'Connell. 8:15 P.M. (E.S.T.) upon ap- plication ofr~ngelo Petrucci, Bay Avenue (Skunk Lane), Cutch- ogue, New York for a variance in accordance with thE Zoning Or- dinance, Article III, Section 100-30 (C) and 100-32 for per- mission to construct private garage in the front yard area of the lot. Location of property: S/S of Bay Avenue (Skunk Lane), bounded on the north by Bay Avenue (Skunk Lane); east by other land of applicant; south by Broadwater Cove/Graham; west by other land of applicant. 8:30 P.M. (E.S.T.) upon ap- plication of Valentine Ruth IV, Ruch Lane, Southold, New York for a variance in accordance with ~the Zoning Ordinance, Article III,/ Section 100-30 and Bulk Sched- ule, and Section 100-12, for per- mission to construct drain sump which will reduce width of Lots 2 and 3. Location of property: Lots 2 and 3, Map of Shorecrest, south side CR 27, Southold, New York. 8:45 P.M. (E.S.T.) upon ap- plication of Beryl Steadman Sound Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35, for . permission to construct front yard fence over four feet. Location of property: N/S Sound Avenue, Mattituck, bounded on the north by E. Gilles; east by H. Gil- bourne; south by Sound Avenue; west by Long Island Lighting Compan3~. 9:00 P.M. (E.S.T.) upon ap- plication of LeRoy and Martha Paul, 240 Billard Road, Cutch~ ~ngue, New York for a variance in accordance with the Zoning Ordi- nance, Article III, Section 100-30 (C) (5) for permission to construct accessory building (stable) on existing foundation which is not in required rear yard area. Loca- tion of property: E/S Billard Road~ Cutchogue, New York, bounded on the north by Stouten- berg; east by Heitman; south by HeRman; west by Billard Road. 9:15 P.M. (E.S.T.) upon ap- plication of Catherine W. Drake, 3050 Fairway Drive, Cutchogue, New York for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Section 100-30 (C) and 100-32 (A) for permission to construct antenna mast of ex- cessive height. Location of pro- perty: Lot 16, Fairway Farms, Fairway Drive, Cutchogue, New York. 9:30 P.M. (E.S.T.) upon ap: "'plication of Andrew Galgano and Others, 162 Park Avenue Beth: page, New ~ork for a var ance~m accordance with the Zoning Ordi- nance, Article lI1, Section 100-30 and Section 280A Town Law, for permission to divide lot and for approval of access because of lack of approved access. Location of property: R.O.W. off northeast side of Westphalia Road, Matti- tuck, New York, bounded on the north by Howard Creek; east by now or formerly Gimbernat; south by Penny & Schutt; west by Schutt and Others. 9:45 P.M. (E.S.T.) upbn ap- plication of George Stankevich, Esq., a/~ Edna Doll, Brown's Hills Estates, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article llI, Section 100-30 and Bulk Schedule for permission to divide lot with 6xisting building with insufficient width and ' >cation of pro~ perry: North ~., . Private Road- North Drive, bounded on the north by Long Island Sound; east by W. Johnson; south by North View Drive (Pvt. Rd.); west by Helen Hass. 10:00 P.M. (E.S.T.) upon ap- plication of Richard Cron, Esq. a/c Ivan T. Honnett, Orchard Street, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to alter and rebuild dwelling on non-conforming lot with (wo existing dwellings. Loca- tion of property: Orchard & Third Streets, New Suffolk, New York, bounded on the north by Orchard Street; east by Third Street; south by Helen Kapp; west by G. Lombardi. 10:15 P.M. (E.S.T.) upon ap- plication of William J. Clark, esq:' a/c Wilfred & Anna Corwin? Factory Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article lIl, Section 100-30 and Bulk Schedule for permission to divide odd shaped lot resulting in a reduction of public road front- age and area of remaining lot. Location of property: Factory Avenue, Walnut Place, Sound Avenue, Mattituck, New York, bounded on the north by Yar, russo; east by Walnut Place; south by Corwin; west by Factory Avenue. 10:30 P.M. (E.S.T.) upon ap p cation Of Rudolph Bruer, Esq., a/c Anne C. Lemley, Bay Ave hue, East Marion, New York for variance in accordance with th~ Zoning Ordinance, Article Ill Section 100-30 and Bulk Schedul~ for permission to divide lot witl existing buildings with insuffici ent width and area. Location o property: South side Bay Avenue, East Marion, New York, bounded on the north by J. Fazio; east by Private R.O.W.; south by browski and He~ Avenue. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated December 26, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-l/2 )UNTY OF SUFFOLK ( ss: ~,TE OF NEW YORK j Sherley Kotz, Doing duly sworn, says that she is an or, of THE LONG ISLAND TRAVELER - MATTITUCK ,TCHMAN, a public newspaper printed et Southold, Suffolk County; and that the notice of which the ~exed is a printed copy, has been published in said ~g Island Traveler-Mattituck Watchman once each :cessively, commencing on the ........... i-'~...Z~..fj.( ........ Sworn to before me this .......... ~:. ...........day of ...... .~ .... ' ' ~ ~v..'.....: Not~y Public 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, Suffolk County, New York, p ~ublic hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southuld, New York, on January 9, 1975, on the following appeals: 7:45 P.M. (E.S.T.) upon ap- plication of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a variance in ac- dlnance, Article VH, Section 100- 70 (B) (f) for permission to canstruct Body Shop on pmporty which may not be 300 feet from a residential sane on the Briy Avenue side of the street. Location of Property: N-S Main Road, La~el (DisL 11), New York, bounded on the north by J. O'Counnll; east by A. Goodale; south by Main Road; west by J. O'Connell. 8:15 P.M. (E.S.T.) upon ap- plication of AngelO Petrucel, Bay Avenue (Skunk Lane), Cut- chogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 (C) and 100-32 for per- mission to construct private garage in the front yard area of the lot. Location of property: ,SS of Bay Avenue (Skunk Lane), boanded on the north by Bay Avenue (Sktmk Lane); east by other land of applicant; south by Broadwator Cove-Graham; west by other land of applicant. 8:30 P.M. (E.S.T.) upon ap. plication of Valentine Ruch IV, Ruch Lane, Southeld, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and Section 100-12, for permission to construct drain sump which will reduce width of Lets 2 and 3. Location of property: Lets 2 and 3, Map of Shorecrest, south side CR 27, Southold, New York. 8:45 P.M. (E.S.T.) upon ap- pllcation of Beryl Steadman, Suund Avenue, Mattituck, New York for a variance in ac- cordance With the Zoning Or- dinance, Article III, Suction 100- 35, for permission to construct front yard fence over four feet. Location of property: N-S Sound Avenue, Mattituck, bounded on the north by E. Gilles; east by H. Gilbourne; south by Sound Avenue; west by Leng Island Lighting Company. 9:00 P.M. (E.S.T.) upon ap- plication of LeRoy and Martha Paul, 240 Btilard Road, Cut- chogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 (C) (5) for permission to construct accessory building (stable) on existing foundation which is not in required rear yard area. Location of property: E-S Bilinrd Road, Cutchogue, New York, bounded on the north by Stoutenberg; east by Hetiman; south by Heitman; west by Billard Road. 9:15 P.M. (E.S.T.) upon ap- pHcation of Catherine W. Drake, 3050 Fairway Drive, Cutchogue, New York for a variance in ac- LI:LiAL NOTICE cordance with the Zoning Or- dinanie, Article III, Section 100- 30 (C) and 100-32 (A) for per- mission -to construct antenna mast of excessive height. Location of property: Let 16, Fairway Farms, Fairway Drive, Cutchogue, New York. 9:30 P.M. (E.S.T.) upon ap- plicatinn of Andrew Galgano and Others, 162 Park Avenue, Beth- page, New York for a variance in accordance "'ith the Zoning Ordinance, :le III', geetion 100-30 and Section 280A Town Law, for pe~missien to divide lot and for approval of access because of lack of approved access. Location of property: R.O.W. off' ~theast side of Westphalia ,ad, Mattituck, New York, bounded on the north by Howard Creek; east by now or formarly Gimberoat; south by Penny & Schott; west by Schott and 0thars. 9:45 P.M. (E.S.T.) upon ap- COUNTY OF SUFFOLK, ] pllcotiun of George Stankevieh, Edna Doll, Brown's STATE OF NEW YORK, ~ ss: Esq., a-c Hills Estates, Orient, New York, for a variance in accordance with S.~:.UfA. F.~..C..o. ~orraan theZodingOrdinanee, Articl~III, · ......................... being duly Sworn, Section 100-30 and Bulk Schedule sco/s that he is Printer and Fublisher of the SUFFOLK for permission to divide lot with ....... existing b ,~]ding with insufficient WEEKLY TIMES, a newspaper published crt Greenport, in said width an~ area. Location of property: North side Private county; and thai the notice, o! which the annexed is a printed Road-North Drive, bounded on the north by Leng Island Sound; copy, has been published in the said Suffolk Weekly Times east by W, Jchnsm; south by One (l.) North View Drive (Pvt. Rd.); once in eoch week, for ........................... weeks west by Helen Haso. 10:00 P.M. (E!S~T.) upon ap- successively commencing on t~e .. ~.e¢/).~1~1 ................ pllcatian of Richard Cron, Esq. a- c Ivan T. Hunnett, Orchard d~r7 of Jav, uat~? 19 75 Street, New Suffolk, New York ..... ' ........ ~:% .... ' .... the Zoning Ordinance, Art/de HI, Section t00-$1 and Bulk Schedule Sworn7- ! before me this . .~ .... ;: | // :! ~, . dwelling. Leeatian of proporty: Orchard & Third Stre~s, New Suffolk, New York, bounded on ~ ~/~ // ~ /~' ..................................... by Third Street; south by Helen JOSEPH LAWRENCE Kapp; west by G. Lemberdi. i'~OFA~Y PUBLIC OF NEW YORK lO;~ P.M. (E.S.T.) npon ap- I~ n! n Suffolk County pllcatian of William J. Clark. ;~ ~zgs:,sso Esq. a-c Wilfred & Anna Corwin, ,,'Iv' 0em:' ' ~ ~res >4arc:. 3. 19 Factory Avenue, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 30 and Bulk Schedule for per- mission to divide odd shaped lot resulting in a reduction of public road frontage and area of remaining lot. Location of property: Factory Avenue, Walnut Place, Sound Avenue, Matlituck, New York, bounded on the north by yarrusso; east by Walnut Place, south by Corwin; west by Factory Avenue. 10:30 P.M. ~(E.S.T.).upon ap- plication of Rudolph Bruer, Esq. I a-c Anne C. Lemley, Bay Avenue, I East Marion, New York for a,~ variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with existing buildings with sufficient width and area. Location Of property: South side Bay Avenue, East Marion, New York, bounded o~ the north by J. Fazio; east by Private R.O.W.; south by Lchrowski and Heroy; west by Bay Avenue. Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: December 2~, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS TOWN OF SOUTHOLD BUILDING D~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date , 19.~./ To ........~C.:...~_... .......... --'---' .----C_ C- -~.~ ~.~:.~::~-..:~.:..:.~ ........................................... PLEA.SE TAKE NOTI~E t~at your application da~ed ..... Map ......~=; ............. Bilk ......... ~, ....................... Lot ....~ ..................................... is re u ' dis pp oved o t o ow .g~ au ds ........ ~ ............ '~.:: ......... ~. .................. ........ ~,,~..,~ ~....~:~...~.:....~,~..~ :~.,~..i~ ~,,~,~.~ ....... ........... ~~...~,; ....... ~.~..,~,.~..~ ..,..~.,~,~..~;~;~,.~.~ ................ TOWN OF SOUTHOLD, NIEW YORK APPEAL FROM DECISION OF BU LDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~) .~q~...C,...T.~Tal~. .............................. of ........... Bal~..A.v.e~u~ ........................................ Name of Appellant Street and Number ................. .~.?..~.t....,,I~,,.~..o..n.. ................................................. ..~...e~......~...o..~...k. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE,,.B, UILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED....~~~-- .............. / r..~......~.... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE () PERMIT FOR~OCCU, PANCY /-). . /~ ~ Street Use District on Zoning Map ........ ............................................... .............. £ Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section_and p~'aaraah o~t~e Zoning Ordinance by nun3ber.~l;~o not quote the Qrdi~ance.) , -100-'3o 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack ofraccess (Sta~te of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (1~1~) (has not) been mode 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 mode Jn Appeal No ................................. Dated ...................................................................... · ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Foz-m ~1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce pm~icaldifficulti~ orunneces- sary HARDSHIPbecau~ applicant would be unable to divide her premises. Applicant would be restricted to one piece of property having two existing buildings thereon. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because applicant would be unable to divide her property which has two existing buildings thereon. 3. The VarianCe would obse~e the ~irit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT b~au~ no additional residences would be created. The situation would remain the same since there exists two residences on this property. If allowed to divide her property the existing division would conform to the remaining lots and residences in the area. STATE OF NEW YORK ) ) COUNTY OF S~J~'~'OLK ) ss ~;% Attorney ;~'~ Anne C. Lemley Sworn to this .tw~n.t¥.~aixth ................ day of ....... D.e.~.emhe. r ............................. 19 74 6/' Notary Public JUDITH T. BOKEN I~¥ Public, State of New yor~ No. ~-0344963 Suffolk Count'S(~' ~ Expires March 30, q