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HomeMy WebLinkAbout2074 TOWN OF ~OUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 2074 DaSd August 27, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Wickham & Lark a/c Karl & Sophie Lanzer 27 Sunny Road St. James, N. Y. at a meellng of the Zoning Board of Appeals on September 25, 1975 was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance (X) Bequest for a variance to the Zoning Ordinance ( ) DATE.~9~.t~.~, 1975 Appellant the appeal l. SPECIAL EXCEPTION. By resolution of the Board ~ was determined that a spedal exception ( ) be graded ( ) be denied p~suant to ~t~le .................... ~ction .................... Subsection .................... p~a~aph .................... of the Zoning Ordin~ce ~ the d~n of ~e Building I~pector ( ) be reversed ( ) be co~irmed b~anse 7:30 P.M. (E.D.S.T.) upon application of Wickham & Lark a/c Karl & Sophie Lanzer, 27 Sunny Road, St. James, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 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: south side Main Road, Southold, New York, bounded on the north by Main Road (Route 25) & L. Wilkinson; east by G. Nickles; south by F. Woodward; west by Cox, Burns, Brester. Fee paid $15.00. 2. VARIAAICE. 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 (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. ~i~m%-~-~~rjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide property with reduced frontage on Main Road, and also requests approval of access to interior lot. The Board finds that the property consists of more than two acres. After the proposed division each lot would have more than 40,000 sq. ft. Adjoining lots on the west are smaller than the proposed lots. 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 P~SOLVED, Karl & Sophie Lanzer, 27 Sunny Road, St. James, N. Y. be GRANTED permission to divide' property or~ ~aiD Rcad~ Scuthold, New York, as applied for, and be GRANTED approval of access to lot which does not front on a public highway, subject to the following conditions: That topsoil be removed from the right of way and replaced with bankrun to a width of 15 feet to insure the passage of emergency vehicles. e The granting of this variance by the Southold Town Board of Appeals shall be subject to the approval of the Suffolk County Planning Commission. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. RECEIVED AND FILED BY- THE SOUTHOLD TOWN CLERK LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the A~ended Building Zone ordinance of the Town of Southold, New York, at the Town Office, Main Road, Southo!d, New York, on September 25, 1975~ on the following appeals: 7:30 P.M. (E.D.SoT.) upon 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 !ii, Section 100-30 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 South side Main Road, Southo!d, New York~ bounded on the north by Main Road (Route 25) & L. Wilkinson; east by G. Nickles; south by F. Woodward; west by Cox, Burns, Brester. 7:45 P.M. (E.D.S.T.) upon application of Herbert W. 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 i00-60-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~ Gozelski; 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. Temp!eton, Peconic Bay Boulevard, Laurel, New York for a variance in accordance with the Zoning Ordinance, Article iii, Section 100-30 & Bulk Schedule for permission to divide nert property with insufficient frontage and area. Location of pro~ ~: South side of Peconic Bay Blvd., Laurel, New York, bounded on the north by Peconic Bay Blvd.; east by now or formerly F. Russell south by Peconic Bay; west by now or formerly Potdevin. Legal Notice Page 2 Southold Town Board of Appeals 8:30 P.M. (E.D~S.T.) upon application of Susanna S. Doyle, Madeline Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to maintain hedge over maximura height in front, side and rear yards. Location of property: North side of Madeline Avenue, north by H. Zabohonski; west by E. Puscarz. Fishers Island, New York, bounded on the east by L. Boyd; south by Madeline Avenue; 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, Seawood Acres, Midland Parkway, Southold, N. Y. 9:00 P.M. (E.D.S.T.) upon application of Paul K. and Thetma W. Daland, 186 Willow Terrace Lane, Orient, New York for a varianc~ 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 T efface Sub.; south by P. Prey & Wf.; west by Orient Harbor. 9:15 P.M. (E.D.S.T.) upon application of Caroline Ao Talbot, 23 Plymouth Road, West Hartford, 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 by D. Auchincloss. 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 11~0-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Blvd., Southo!d, bounded on the north by Minnehaha Blvd. G. Berge; sou~h b~ Ertock & Catan; west by Newman. (E.D.S.T.) upon application of Henry M. Aldrich, Minnehahe east by Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: September llf 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, September 18~ 1975~ AND FORWARD EIGHT (8) APPiDAVITS 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 ~ickham & Lark a/c Karl & Sophie Lanzer Herbert W. Wells, Jr~ Ear! D. Templeton Susanna S. Doyle Philip Pavia Paul K. Daland Caroline Ao Talbot Henry M. Aldrich 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, at the Town Office, Main Road, Seuthold, New York, on September 25, 1975, on the following appeals: 7:30 P.M. (E.D.S.T.) t~po~n 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 100-30 and Balk Sehedale and Section 280A Town Law, for pennissiou to divide property with reduced frontage on Main Road, and for approval of access to one lot. Location of property: ~outh side Main Road, Seuthold, qew York, bounded on the north ~y Main Road (Route 25) & L. Wilkinson; east by G. Nicklns; south by F. Woodward; west by Cox, Brains, Broster. ~ 7:45 P.M. (E.D.S.T.) upon pplication of Herbert H. Wells, Jr., Wells Pontiac-Cadillac Inc., Route 25, Peconie~Nqw~York for a special exceptioff~rg hecgrdance 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. Gozelski; 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 Boalevard, Laurel, New York for ~ variance in ac- cordance with the Zoning Or- dinance, Article IH, Section 100- 30 & Bulk Sehedale 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 Pecoalc Bay Blvd..; east by now or formerly F. Russell; south by Peconic. Bay; west by now or formerly Potdevin. 8:30 (E.D.S.T.) upon ap- plicatian ~ 8ueamm S. Doyle, Madeline Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to maintain hedge over maximum height in front, side and rear yards. Location of property: North side of Madeline Avenue, Fishers Island, New York, boanded on the north by H. Zabohonski; 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 & Balk Schedale, for permission to use residence with insufficient setback. Location of property: Lot 1, Seaweed 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 vorance in accordance with the Zoning Ordinance, Article III, Section 100-32 for perrnisaion to erect accessory building in front COUNTY OF SUFFOLK, ! STATE OF NEW YORK, ? ss: ........... F. .... - .... .~.. 'L ............. being duly Sworn, says that ........ is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the scfid Suffolk Weekly Times once in each week, far ........................... weeks successively commencing on the .......................... day of ..... ~.~)~ iiii ~?~ i:~: ..... 19'. :.. Sworn to before me this .../.ff ..... day of /i .~ '9 ........ .~/... f ....... .... ......... _,ill ........ 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 & Wf.; west by Orient Harbor. 9:15 P.M. (E.D.S.T.) upon application of Caroline A. Talbot, 23 Plymoutll Road, West Hart- ford, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission lo locate accessory building in front yard area. Location of property: car. Fox Avenue, Equestrian Ave. & Pvt. Rd. Fishers Island, N.Y., bounded on the north by Private Road to Mansou House Cottage; .on the east by Equestrian Ave.; south by Fox Avenue; west by D. Auchincless. 9:25 P.M. (E.D.S.T.) upon application of Henry M. Aldrich, Mianehaha Boulevard, Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 110- 30 and Balk Sehedale for per- mission to divide property with insufficient width and area. Location of property: Minnehaha Blvd., Southold, bounded on the north by Mianehaha Blvd. east by G. Berge; south by Ertock & Catan; west by Newman. Any person desiring to be heard on the above appeals shoald appear at the time and place above specified. Dated: September I1, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, September 15, 1975, and FOR- WARD 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-Mat tituck Watchman Supervisor Albert M. Martocchia l~ckham & Lark a-c Karl & Sophie Lanzer Herbert W. Wells, Jr. Earl D. Tempiston Susanna S. Doyle Philip Pavia Paal K. Daiand Caroline A. Talbot Henry _M. Aldrich 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, at the T6wn Office, Main Road, Southold New York, on September 25, 1975, on the following appeals: ~-~ -- 7:30 P.M. (E.D.S.T.) upon ap- plication 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 100-30 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 pro'0erty: South side Main Road, Southold, New York, bounded on the north by Main Road (Route 25) & L. Wilk- inson; east by G. Nickles; south by, F. Woodward; west by Cox, Burns, Brester. 7:45 P.M. (E.D~ plication of Herbert W. Wells, Jr., Wells Pontiac-Cadillac lnc., Route 25, Peconic, New York for a special exception in accordance with the Zoning Ordinance, Art- icles VI and II1, Section 100-60-C (3) and 100-30-C (6) (f) for per- mission to erect second ground sign. Location of property: Route 25, Peconic, New York, bounded 'onthe north by L. Gozelski; east by L. Gozelski; south by Main Road (Route 25); west by Peconic Lane. 8:10 P.M. (E.D.S.T.) upon ap- plication of Earl D. and Margaret N. Templeton, Peconic Bay Boule- vard, Laurel, New York for a variance in accordance with the Zoning Ordinance, Article II1, Section 100-30 & Bulk Schedule for permission to divide .property with 'Yhsufficient frontage and area. Location of property: South side of Peconic Bay Blve., Laurel, New York, bounded on the north by Peconic Bay Blvd., east by now or formerly F. Russell; south by Peconic Bay; west by now or formerly Potdevin. 8:30 P.M. (E.D.S.T.) upon ap- plication of Susanna S. Doyle, Madeline Avenue, Fishers Island, New York for a variance in ac- cordance with the Zoning Ordi- nance, Article IlL Section 100-35 for permission to maintain hedge over maximum height in front, side and rear yards. Location of property: North side of Madelin~ Aven~ue, Fishers Island, New York, bounded on the north by H. Zabohonski; east by L. Boyd; south by Madeline Avenue; west COUNTY OF SUFFOLK STATE OF NEW YORK ss: Sherley Katz, being duly sworn, soys that she is on Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at C~outhold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for .......... ./. ............................ weeks successively, commencing on the / `3/ Sworn to before me this ...... /...[ ............. day of ¢~,~mn,ls:ion Expiros M~rch 30, 19~/. / FO~ ~0.3 x TOWN OF SOUTHOLD BUILDING DEPARTM~=NT TOWN CLERK'S OFFIC~= SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date .................................... , ....... ................ .... ............. .~..-.~.~:~:.~ ................. ;..~...:...~/..~... PLEASE TAKE NOTICE that your application dated ......... ~ ......... :.~....~. .............. , 19.?~..~ or permit to construct..~m...~ ............. ~ the premises oc~tea at ...~'..~..'~'..:......~...~.~ .... ~t,~-~d disapproved on the following grour~s ...~~...:~......~.~....~ ~...z:~..~.~.....~..~.~ ......... ~.~-.......~~...:~:...~.~ ....... .................. ~..'~.."~..L.~.~.:' ';;';'~ ........................ ....... Z ................ ~?......~.~ .~..'~i' ....................... ............... ~uiiding APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ¢~)~/¢~ DATE . . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We .............. .......... .................................. Nome of AppeHo,nt Street and Number St. James ..~...e.~.t.;....Y.,o...r..k. ....... HEREBY APPEAL TO Municipoiity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILp,~. INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........... .~._./..'.' ......................... ~./....~ WHEREBY THE B~JILDING INSPECTOR DENIED TO (x) ( ( ) Karl & Sophie Lanzer Nome of Applicant for permit of 27 Sunny Road St. James New York Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE P~OPERTY Sly szde Maln Road, 244.~9 Easu Town .................................................................................................. '~- Street Use District on Zoning Map /v~op No, Lot 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 Ordi~nance.) Art. IIT Section 100-30 & Bulk Schedule & Section 280A Town Law 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 (t~,) (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 ...................................................................... REASON FOR APPEAL ×) A Variance to Section 280A Subsection 3 x) A Variance to the Zoning Ordinance ) ,s requested for the reason that applicant wishes to divide a lot of over two acres and to provide for access to one lot which does not front on a public highway. A survey is attached showing proposed division and access. Form zR1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesor unneces- sary HARDSHIPbecause this is a deep lot with a reduced frontage on the Main Road, and the utilization of it only for a one family residence would impose two acre zoning on the parcel, and the owner would be deprived of the sale of either lot. 2. The hardshipcreated is UNIQUEand isnotshared by all properties alike in the immediate vicinity ofthisproperty andinthis use district because strict application would impose two acre zoning rather than one acre zoning in an area where few, if any, lots can meet the strict width and depth limitations set forth in the ordinance. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT~ since the proposed division contemplates one family residential use on each of the two lots. The adjoining lots on the west fronting on Town Harbor Road do not meet the one acre requirements and, therefore, this division would be an improve- ment area wise. STATE OF NEW YORK ) ) COUNTY OF $OPPOgK ) SS 12th Sworn to this day of ................ ~tJ.~...'J.~..t ......................... 19 75 $, [LLk~g WiCKI{A~ Term Expire~ ~arch Suffolk County Department of Planning H. Lee Dennison E~ecutive Office Building Veterans ~lemorial Highway Iiauppauge, II~ York 11787 October 3, 1975 Town of Southold Board of Appeals 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 approval or a disapproval. Applicant ~runicipal File t]umber Karl & Sophie Lanzer Earl & Margaret Templeton Paul K. Daland Henry M. Aldrich 2074 2076 2079 2081 GGi?: fp Very truly yours, Lee E. Koppelman Director of Planning TOWN OF $OUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. I Planning Bd. 765-2660 Board ef Appeals · Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Lows, Article 12-B, · ~oard of Appeals . Southold, N. Y. Sections 239-1 and m, the .................................................... of the town or ........................................ (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..X..... Variances Location of affected land: .~e~.~..u.~.t..h..~.s"~.~.d..e.~.~.~.n~.~r~..~.f~.¥.~!~¢~.~¥..q~..2~?.).~:~:~u.t:.~.~:~.k~....~.. within 500 feet of: (check one or more) ............ Town or village boundary line XX ............ 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 Comments: The Board agrees with the reasoning of the applicant subject to topsoil being r~noved from right of way and being replaced witk bankrun to a width of 15 feet, and that applicant maintain right of way to insure passage of emergency vehicles; and subject to Suffolk County Planning Cor~ission approval. ...............(signed) ~obert ............ ""W. ..................... G[l~ispze,'"""""Jr. ............. C?~airman, So,~thold Town Board of Appeals Title Date received by Suffolk County Planning Commission ........................................................................ File No ................................. WlCKHAM & LARK,~'.:, Mr. John A. Brester 63 Clinton Street White Plains, NY 10600 August 25, 1975 Re: Karl and Sophie Lanzer - Variance Dear Mr. Brester: Enclosed is notice required by the Board of Appeals. Mr. of way, as shown on the enclosed copy of the Board of Appeals. ~:ibk Encs. and Mrs. Lanzer are making application to have the right their survey, approved by 0 FF'~DERK SOUTHOLD, L. I., N. Y. '11971 August 28, 1975 TO: Southold Town Zoning Board of Appeals From: Judith T. Boken, Town Clerk Re: Application of Karl & Sophie Lanzer for a Variance - Appeal No.2074 to: I have on file in my office notification by certified mail Harold N. Cox, Jr. Southold, New York 11971 Paul R. Burns Town Harbor Lane, Southold, N.Y. 11971 John A. Brester, 63 Clinton St., White Plains, N.Y. 10600 Frances Woodward Southold, N.Y. 11971 Grace Lewis & John Nickles, Main Rd., Southold, N.Y. 11971 Mavis Wilkinson Southold, N.Y. 11971 154,$0 N,$6,08 ,¢o:'oz., - H. ~ox ~ / LAdE ,.%$5 06 10 E. M.$6'$1'00" W. LANZEP-.. ,0 0