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HomeMy WebLinkAbout2046 TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2046 Dated May 14, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Lefferts P. Edson, Esq. a/c Gerald H. & Jo Ann Osmond Appellant Bayview Ave. & Cedar Beach Rd. Southold, New York DATE _~una..,12, 1.975 at a meetin~ of the Zoning Board of Appeals on June 12, 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 ( 1~ 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 /ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zonin~ Ordinance and the decision of the Buildin~ Inspector ( ) be reversed ( ) be confirmed because 8:15 P.M. (E.D.S.T.) upon application of Lefferts P. Edson, Esq. a/c Gerald H. & Jo Ann Osmond, Bayview Avenue & Cedar Beach Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimming pool in front yard area. Location of property: Bayview Road & Cedar Beach Road, Southold, New York, Map of Cedar Beach Park - No. 90, Lot Nos. 1, 2, 157. Fee paid $ 15. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (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 (wotfld) 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 Buildiug Inspector ( ) be confirmed ( ) be reversed. FORM ZIM After investigation and inspection the Board finds that applicant requests permission to construct swimming pool in front yard area at Bayview Road and Cedar Beach Road, Southold. The findings of the Board are that applicant has an unusual situation because his house is located so close to Bayview Road, and because of the topography of the area. 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, Lefferts P. Edson, Esq. a/c Gerald H. & Jo Ann Osmond, Bayview Avenue & Cedar Beach Road, Southold, be GRANTED permission to construct swimming pool in front yard area, as applied for, and that applicant be GRANTED permission to erect a 6 foot fence in the front yard area as the Board finds that it seems to be required in this location. Permission as granted is subject to the following conditions: That the fence surrounding the pool shall be at least 10 feet from the property line of Bayview Road. 2. The pool shall be located in the southwesterly corner of the property. 3. That applicant be permitted to erect a 6 foot fence in the front yard area. Vote of the Board: Grigonis, Doyen. Ayes:- Messrs: Gillispie, Bergen, p. ECZIVED AND FILED BY THE SOUTHOLD TO~¥N CLERK 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 ~h~ Zoning Board of Appeals of the Town of Southold, at the To~ Office, Main Road, 29th Street, Long Island City, N. Y. for a variance in accordance with Schedule for permission to retain side yard. Location of property: Map of South~ood, Lot No. 17. the Zoning Ordinance, Article III, Sec foundati¢ Beachwoo~ 8:15 P.M. (E.D.S.T.) upon application Esq. a/c Gerald H. and Jo Ann Osmond, Bayv~ Beach Road, Southold, New York for a variai the Zoning Ordinance, Article to construct swir~mlng pool in tion 100-30 and Bulk n with insufficient Lane, Southold, N. Y. of Lefferts P. Edson, ew Avenue and Cedar ce in accordance with III, Section 100-32 fo~ permission front yard area. Location of property: Bayview Road ~ Cedar Beach Road, Southold, Map of Cedar Beach Park - No. 90, Lot Nos. 1, 2, 157. 8:25 P.M. (E.D.S.T.) upon application Pine Neck Road, Southold, New York for a va with Town Law, Section 280A, for approval road. Location of property: Right of way Road, Southold, New York, bounded on the ncrth Sub.; east by J. Krukowski; south by F. Moffat of Richard H. Wheeler, fiance in accordance access from public ff south end Tuthill by Yennecott Park Est.; west by F. Moffat Estate° Legal Notice Page 2 - Zoning Board of Appeals 8:35 P.M. (E.D.S.T.) upon application of Warren Waldvogel, Box 250, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section-100-30 C (6) F for off-premises "For Sale" sign. Location of property: South side Middle Road (CR 27), Cutchogue, bounded on the north by Middle Road; east by Bridge Lane. 8:45 P.M. (E.D.S.T.) upon application of William J. Faulkner, Box 355, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divids property with insufficient width and area. Location of proper%y: North side Winthrop Drive, Fishers Island, New York, b0unded on the north by J. Evans; east by R. Wadlington; south by Winthrop Drive; west by M. Whitener. 9:00 P.M. (E.D.S.T.) upon application of Mary M. Wheeler~ Executrix, Estate of Florence Moffat, Boisseau Avenue, Southold, New York for a special exception in accordance with %he Zoning Ordinance, Article III, Section 100-30, Subsection B-1 for permission to reinstate two family use of premises. Location of property: F. Moffa% Estate, Boisseau Avenue, Southold, bounded on the north by M. Krukowski; east by W. Moffat, Jr.; south by C. Saltus; west by. Boisse~u Avenue. 9:10 P.M. (E.D.S.T.) upon application of Stephen Rutkowski, Seawood Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition which will reduce front yard setback. Location of property: Seawood Drive, Southold, New York, Map of Seawood Acres, Block I, Lot No. 32. Legal Notice Page 3 Zoning Board of Appeals 9:20 P.M. (E.D.S.T.) upon application of Greenport Yacht Club, Inc., foot of Fifth Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B-6 for permission to maintain floating barge for private membership club. property: Sixth Street, Greenport, New York, north by W. Brawn & A. Scott & Village Line; Village Line; Location of bounded on the on the east by on the south by Peconic Bay; west by Peconic Bay. 9:30 P.M. (E.D.S.T.) upon application of Hugh C. Newman, Minnehaha Blvd., Southold, 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: Minnehaha Boulevard, Southold, Map of Laughing Waters, Map No. 917. Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: May 29, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JUNE'5, 1975 AND FORWARD NINE (9) AFFIDAVIT: OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD SOUTHOLD, NEW YORK. Copies mailed to the following on May 29, 1975: The Suffolk Weekly Times New London DAY The Long Ist~nd Traveler-Mattituck Watchman Supervisor Albert M. Martocchia Luka Picinic Lefferts P. Edson, Esq. a/c Gerald H. & Jo Ann Osmond Richard H. Wheeler Warren Waldvogel William J. Faulkner Mary M. Wheeler Stephen Rutkowski Greenport Yacht Club Greenport Village Hugh C. Newman LOCAL LEGALS LEGAL NOTICE Notice of Hearin~ Pursuant to Sectian 2~ 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 Jane 12, 1975 on the following appeals: 8:00 P.M. (E.D.S.T.) upon application of Luka Picinic, 33-48 29th Street, Long Island City, N.Y. for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to retain foandation with insufficient side yard. Location of property: Banchwood Lane, Southold, N.Y., Map of South- wood, Lot No. 17. ~ 8:15 P.M. (E.D.S.T.) upon] application ~ Lefferts P. Edson, Esq. a'C Gerald H. and Jo Ann Osmond, Bayvinw' Avenue and Cedar Beach Road, Southold, New York for a variance in ac- cordance with the Zoniug 'Or- dinance, Article III, Scctian 100- 32 for permission to construct swimming pool in front yard area. Location of property: i Bayview Road & Cedar Beach I Road, Southold, Map of Cedar ~ Beach Park--No. 9~, Lot Nos. 1, ~ 2, 157. 8:25 P.M. (E.D.S.T.) u~ application of Richard H. Wheeler, Pine Neck Road, Southold, New York for a variance in accordance with Town Law, Section 2~0A, for approval of acce~ from public road. Location of property: Right of way off south end Tuthill Road, Southuld, New York, boandad on the north by Yennecott Park Sub.; east by J. Krokowski; south by F. Moffat Est.; west by F. Moffat Estate. 8:35 P.M. (E.D.S.T.) upon application of Warren Waldvogel, Box 250, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-~0 C (6) F for off- premises "For Sale" sign. Location of property: South side Middle Road (CR 27), Cutchugue, boanded on the north by Middle Road; east by Bridge Lane. 8:45 P.M. (E.D.S.T.) upon application of William J. Faulkner, Box 355, Fishers Island, New York for a variance 'n accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: North side Winthrop Drive, Fishers Island, New York, bounded on the north by J. Evans; east by R. Wadlington; south by Winthrop Drive; west by M. Whitener. 9:00 P.M. (E.D.S.T.) upon application of Mary M. Wheeler, Executrix, Estate of Florence M0ffat, Boisseau Avenue, Southuld, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30, Subsection B-1 for permission to reinstate two family use of premises. Location of property: F. Moffal Estate, Boisseau Avenue, Southold, beonded on the north by M. Krukowski; east by W. Moffat, Jr.; south by C. Saltns; we~t by Boisseau Avenue. 9:10 P.M. (E.D.S.T.) upon application of Stephen Rutkowski, Seawood Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III. Section 100-30 and Bulk Schedule for permission to construct ad- dition which will reduce front yard setback. Location of property: Scawood Drive, Southold, New York, Map of Scawood Acres, Block I, LOt No. 9:20 P.M. (E.D.S.T.) upon application of Greenport Yacht Club, Inc., foot of Fifth Street, Grcenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B-6 for permission to maintain floating barge for private membership club. Location of property: Sixth Street, Grcenport, New York, beanded on the north by W. Brawn & A. Scott & Village Line; on the east by Village Line; on the south by Peconic Bay; west by Pecanic Bay. 9:30 P.M. (E.D.S.T.) upon application of Hugh C. Newman, Minnchaha Blvd., Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 32 for permission to construct acce~ory buildi~g in front yard area. Location of property: Minnehaha Boulevard, Scuthuld, Map of Laughing Waters, Map NO. 917. Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: May 29, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-J5 EW YORK. i ss: J ~.~. ~.:..D.o.~,.ra~ ............ being duly Sworn, ~.e.. is Printer and Publisher o! ~he SUFFOLK rES, a newspaper published ~r~ Greenport, in said 1ut the notice, ot which ~he a~exed is a print~ n published in the z~d Sut~lk W~k~ Time~ :ommencing on ~e .... F~;~b ................ ~. ~~ ............. ~re ~ this .... .... ..... LEGAL NQTIcE Notice of Hearings Pursuant to Section 267 of the Town Le~w~andC,tI~e provisions of the Afa~'ged Building Zone Ordinance of the Town of South- old, 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 June 12, 1975 on the follow- ing appeals: 8:00 P.M. (E.D.S.T.) upon application of Luka Picinic, 33-48 29th Street, Long Island City, N. Y. for a variance in accordance with the Zoning Ordinance, Ar- ticle Ill, Section 100-30 and Bulk Schedule for permission to retain foundation with insufficient side yard. Location of property: Beachwood Lane, Southold, N. Y., Map of Southwood, Lot No. 8:15 P.M. (E.D.S.T.) uponl application of Lefferts P. Edson Esq. a/c Gerald H. and Jo Ann Osmgnd, Bayview Avenue and Cedar Beach Road, Southold New York for a variance in accordance with the Zoning Or- dinance, Article III, Section 100- 32 for permission to construct swimming pool in front yard area. Location of property: Bay- view Road & Cedar Beach Road, Southold, Map of Cedar Beach Park -- No, 90, Lot Nos. 1, 2, 157. 8:25 P.M. (E.D.b.I.) up*on application of Richard H. Wheel- er, Pine Neck Road, Southold, New York for a variance in accordance with Town Law, Sec- tion 280A, for approval of access from public road. Location of property: Right of way off south end Tuthill Road, Southold, New York, bounded on the north by Yennecott Park Sub.; east by Krukowski; south by F. Moffat Est.; west by F. Moffat Estate. 8:35 P.M. (E.D.S.T.) upon application of Warren Waldvo- gel, Box 250, Matfituck, New York for a variance in accord- ance with the Zoning Ordinance, Article Ill, Section 100-30 C (6) F for off-premises "For Sale" sign. Location of property: South side Middle Road (CR 27), Cutchogue, bounded on the north by Middle Road; east by Bridge Lane. 8:45 P.M. (E.D.S.T.) upon application of William J. Faulk- ner, Box 355, Fishers Island, New York for a variance in accordance with the Zoning Or- dinance, Article Ill, Section 100- 30 and Bulk Schedule for per- ~t t, COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK ~ Sherley Kotz, being duly sworn, says that she is art 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 / ................................................................ weeks successively, commencing on the ..8 ................................... day o f ..,~.c.;~_/.~ ........................... 19...,,~.. ~.~ .........::.L.:::L::..:~ ......./..7.., z.i....~, ........................... Sworn to before me this ...... 7. ...............day of TOWN OF SGUTHOLD BUILDING D~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL A/~ Dote /.~., / ~ , ,9..2.? File No ..................................................................................... ~ .................... ~o ~.~.......:~.~....~....:..... ~..~.....~..~.~....:~. ~,~, ~ ~.~.~..~ .............................................................................................. ~ ................. .................. ~~...:..~..~:...:..~ ............................................................ ............. TO~VN OF SOUTHOLD, NE~V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR 'TO THE ZONING BOARD OF APPEALS, TOWN~©~F S, OUTHOLD, N. Y. APPEAL~O. ~ ~ ~ DATE Gerald H. & Jo Ann Osmond , Bayview Avenue & Cedar Beach Road (We) .................................................................. o7 ............................................................................ Nome of Appella,n¢ Street and Number ................. .S..o...u...t..h. 9..1..d' .......................................................... ,N.~..,,Y.o,,.r,.k. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........: ...... J..~.~..~ ..... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..~..o..~.t...h.~.e.~,~.. eq~..~,e..~...°..~..~.?.P..e.~,.ty...~?..z~..?...a.......b.Z...~.nter- section of Bavview Road aha Street Use District on Zoning Mop Cedar Beach ROaO _.9.Q .......................................... .1. ~.....2..,... ,1...5_7. .......... "A" Residential Map No. Lot No. _ Ma~ of Cedar Beach Park 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.) Article III, Section 100-32 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ~ ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec 280A Subsection 3 4;. PREVIOUS APPEAL A previous appeal ~¢~ (has not) been mode with respect to this decision of the Building Inspector or with respec~ to this property. Such oppeal was ( ) request for a special permit ( ~ request for a variance aha was made in Appeal No ................................. Dated .................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that due to diagonal location of house on the property there is a question as to what constitutes the rear yard area of the premises in which appellants want to construct a swimming pool located as shown on the attached survey, leaving sufficient area for the additional construction of a tennis court. Form (Continue on other side) REASON FOP, APPF-AL Cont]nued 1. STRICT APPLICATION OF THE ORDINANCE would produce proctica~difficultiesorunneces- sary HARDSHIP becouse swimming pool location ehould be in the southwesterly corner of the premises since it has the highest elevation above ground water level. The pool requires a 9~ foot excavation. The northerly and ~orthwesterly corners of the property are too low for such an excavation° The proposed tennis court can be located in the northwesterly corner of the lot with ground leveling. 2. The hordshipcreatedis UNIQUEandisnotshared by oll properties al[~ in the immediate vicinity ofthisproper~ and in thisuse district because only the southwesterly corner of the subject premises can properly be used for the construction of a swimming pool due to its height above ground water leve!. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTR~CT because appellants intend only to improve the use and appearance of the property by the construction of a pool and tennis court with appropriate and attractive fencing and ian~scaping~ STATE OF NEW YORK ) ss COUNTY OFSUFFOLK ) Sworn to this ............ .1._3_t.''h' ........................ dgy of...~ ..........~f~ ...........~ ...................... 19 75 Notary Public Lefferts P. Edson FOI{~I NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL FiFe No .................................................................. Date ....................... ¥..~'. ...... .~. ................ , 19.25. ............. 9..6..8.. ........... PLEASE TAKE NOTICE that your application dated ................... .~. .............................. , 19.~.~.... for permit to construct ..It.~.:~'I~,I'~J...]DQ.~,. ...... at the premises located at ....... ~.~.~..l~Ig ............ ~¢...(~.~.. J~ei~,O. Jl..~,..]:J~l~J~.J.~J...P...t, ..... Street ~outho2.d. t{ .~ o Map ~e~...~.aa~..~k.. Block ............................................ Lot ..1.~.~e...1.~ ........................... returned herewith and disapproved on the following grounds ....,~.~.~.~..~.~..~.~. .... .~...ar..~a~za~......~...~$~.. sha~..a~..p~o.~..~......~n~.arr.~c.~ ....... ~e~...... ~.. ~ ~.. ~..~¢~n~d...~.~:(~.~.......~...~. ~ ~.e.6...~...~.~...~.~...~.~.~.~orT~ RUDOLPH H. BRUER IEFFERTS PAINE ED$ON ATTORNEY AT LAW 1~4A I N ROAD SOUTHOLD, N. Y. 1197i May 13, 1975 Southold Town Zoning Board of Appeals Southold Town Hall Southold, New York 11971 Dear Sirs: We enclose in duplicate an application of Gerald H. Osmond for a variance to allow the construction of a swimming pool on his property in Bayview all as shown on the attached survey copies. We also enclose our office check to the order of the Town of Southold in the amount of $15.00 in payment of the fee. If there is any additional information the Board feels it needs we will be more than happy to comply. Mr. Osmond will come out from the city to attend the hear- ing in this matter to answer any and all questions. Sincerely, ~ferts p. Edson LPE:dbc Enclosures '~'" ~) COUNTY OF SUFFOLK .... SOUTHOLD I ~1°" ...... ~JRear Properly Tax Servi¢~ Agency J~ 089