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HomeMy WebLinkAbout2015 TOWN OF SOUTHOLD, NEW YORK DATE_Ma~h...20, 1975 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2015 Datod February 18, 1975 ACTION OF THE ZONING BOARD OF APPEA3~S OF THE TOVfN OF SOUTHOLD To William Wickham, Esq. a/c Athanas Zamphiroff Main Road 60 Riverside Drive Mattituck, N.Y. New York, N.Y. Appellant at a meeting of the Zoning Board of Appeals on March 20, 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 9:00 P.M. (E.D.S.T.) upon application of William Wickham, Esq. a/c Athanas Zamphiroff, 60 Riverside Drive, New York, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient width. Location of property: E/S Cedar Avenue, Southold, New York, bounded on the north by Hickory Avenue; east by J. Peterson & Wife; south by Reinhardt, Forquer, Grasek; west by Cedar Avenue. 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 practical difficulties SEE REVERSE (b) The hardship created (is) (is not) urdque 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 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 ZONING BOARD OF APPEALS Betty Neville, Secretary Pro Tem thold Town Board of Appeals After investigation and inspection the Board finds that the applicant is the owner of a parcel of property which is over two and a half acres. The proposal is to divide it into two lots. The proposed lots will be considerably in excess of the area requirement, but will not quite meet the frontage requirement. The Board is of the opinion that it would be a unique hardship to deny the division of this property. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecesaary 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. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED William Wickham, Esq. a/c Athanas Zamphiroff, 60 Riverside Drive, New York, N.Y. be GRANTED permission to divide lot with insufficient width as applied for on property located off E/S Cedar Avenue, Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. Legal Notice - Page 2 8:15 P.M. (E.D.S.T.) upon application of Virginia G. Jones, 12 Hamilton Place, Garden City, 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: Willow Point Road and R.O.Wo off Bay Home Road, Southold, New York, Map of Willow Point, Lot No. 26. 8:30 P.M. (E.D.S.T.) upon application of William Killian & Wf West Hill Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct accessory building in partial side yard area. Location of property: R.O.W. S/S West Mill Road, Mattituck, bounded on the north by Mattituck Holdln east by J. R. Holmes; south by Mattituck Holding Co.; west by Mattituck Holding Co. 8:45 P.M. (E.D.S.T.) upon application of Rudolph H. Bruer, Esq. a/c William Herman, 11 Levon Lane, Miller Place, N. Y. for a variance in accordance with the Zoning Ordinance, Article II Section 100-30 and Bulk Schedule for permission to construct one family dwelling with insufficient width and setbacks. Locatio~ of property: N/S Sound View Avenue, Southold, Lot No. 5 of N. Goldin, Map #1106. 9:00 P.M. (E.D.S.T.) upon application of William Wickham, Esq. ~/c Athanas Zamphiroff, 60 Riverside Drive, New York, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient width. Location of property: E/S Cedar Avenue, Southold, New York, bounded on the north by Hickory Avenue; east by J. Peterson & Wf.; south by Reinhardt, Forquer, Graseck; west by Cedar Avenue. LEGAL NOTICE application of Chester Orlowski NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Seuthold, Suffolk County, 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 March 20, 1975 on the following appeals: 7:45 P.M. (E.D.S.T.) upon application of Inland Homes, Inc. a-c Norman Ab Reich, 62 Robinson Avenue~, East Pat- chogue, N.Y. for a variance in a-c Rountree, 235 Pequash Avenue, Cutchngue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in front yard area. Location of property: R.O.W. off Miller R.O.W., Mattituck, New York, bounded on the north by Private Road; east by D.F. Shaw; south by Howard's Branch of Mattituck Creek; west by G.W. Argentieri. 0:15 P.M. (E.D.S.T.) upon application of Virginia G. Jones, 12 Hamilton Place, Garden City, New York for a variance in ac- accordance with the Zoning cordance with the Zoning Or- ~d~m~ce, Town Law, Section dinance, Article III, Section 100- r' ~ "~'"".-~-sioi~to build 32 for permission to construct --mow Point Road and R.O.~< (Cedar Birch Road), Orient, New off Bay Home Road, Seuihold, York, bounded on the north by F. New York, Map of Willow Point, Braddick; east by Private Road or R.O.W. (Private Road No. 12 Cedar Birch Road); south by E. King; west by D.M. Brawner and Wife. 7:55 P.M. (E.D.S.T.) Upon application of Thomas E. Conrad & Wife, 7020 North Bayview Road, Southold, New York for a variance in accordance with the Szoecni~g Ordinance, Article III, tlon 100-30 and Bulk Schedule, for permission to construct at- tached garage with insufficient setback. Location of property: S- S North Bayview Road, Southold, Map of Leeward Acres, south half of Lot No.'s 11 and 12. 8:05 P.M. (E.D.S.T.) upon Lot. No. 26. 8:30 P.M. (E.D.S.T.) upon application of William Kill/an & Wife, West Hill Road, Matt/tuck, New York for a variance in ac- cordance with the Zoning Or- dinance, Art/cie IH, Section 100- 32 for Permission to construct accessory building in partial side yard area. Location of property: R.O.W. S-S West Mill Road, Mattituck, bounded on the north by Matt/tuck Raiding Co.; east by J.R. Holmes; south by Mattituck Holding Co.; west by Mattituck Holding Co. 8:45 P.M. (E.D.S.T.) upon appl/cation of Rudolph R. Brunt, Esq. aG Will/am Herman, ll Levon Lane, Miller Place, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Sect/on 100-30 and Bulk Schedule for permission to construct one family dwelling with insufficient width and set- backs. Location of property: N-S Sound View Avenue, Seuthold, Lot No. 5 of N. Goldin, Map No. 1106. 9:00 P.M. (E.D.S.T.) application of William Wickham, Esq. a-c Athanas Zamphiroff, 60 Riverside Drive, New York, N.Y. for a variance in accordance with the Zoning Ordinance, Article IH, Section 10o-30 and Bulk Schedule for permission to divide lot with insufficient width. Location of property: E-S Cedar lrenue, Seuthold, New York, bonded on the north by Hickory Iveune; east by J. Peterson & ¥ife.; south by Reinhardt, l%quer, Graseck; west by Cedar tVenue. 9:1o P.M. (E.~..S.T.)~pon application of Loruine Stroh. msyec, Yoangs Road, Orient, New York for a variance in ac- c0rdance with the Zoning Or- dinance, Article III, Section 10O 30 and Bulk Schedule for per, miSsion to divide lot, with two dwellings, with insufficient width and area. Location of property: E-S Yoangs Road, Orient, New York, bounded on the north by B. Chngen; east by C. Brown; south by E.F. Caufield; west by Youngs Road. 9:20 P.M. (E.D.S.T.) upon application of Gary Olsen, Esq. a- c Stanley A. Chase, Park Avenue, Mattituck, .w York for a variance ii,~ accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property with in- sufficient area and width. Location of property: Park Avenue, Mattituck, New York, bounded on the north by Hanlon-- Park Avenue; east. by Bud Holman; south by Peconic Bay; west by C.H. Wickham. [ 9:30 P.M. (E.D.S.T.) upon application of Gary Olson, Esq. a- c Sven England, 13440 Hook Creek Boulevard, Rosedule, N.Y. for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-118 for permission to reinstate a pre-existing use. Location of property: North side of County Road 27, Mattituck, bounded on the north by M.G. Long; east by T. Maranges & Wf.; south by County Road 27; west by W. Gatz & Wf. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: March 6, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TM13 ;OUN'TY OF SUFFOLK, | ;TATE OF NEW YORK, ~ ss: ......... $~.Lla..z'.t..C....` .Do?.r0..a.q ........ being duly Sworn, ;ays that .... h..e. is Printer and Publisher of the SUFFOLK ~EEKLY TIMES, a newspaper published ~'t Greenport, in said :aunty; and that the notice, of which the annexed is a printed ~opy, has been published in the s~id Suffolk Weekly Times :~nce in each week, for One (1) ........................... weeks successively commencing on the Thirteenth day of .. ,./... 19 75 Sworn to before me this ..../..~. ..... I ~ ~ . ~ ''~'~'%'i? ......... 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, Suffolk County, 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 March 20, 1975 on the following appeals: 7:45 (E.D.S.T.) upon applica- tion of lnland Homes, Inc. a/c Norman A. Reich, 62 Robinson Avenue, East Patchogue, N.Y. for a variance in accordance with the Zoning Ordinance, Town Law, Section 280A, for permission to build dweIIing with lack of access on a private road. Location of property: W/S Private Road (Cedar Birch Road), Orient, New York, bounded on the north by F. Braddick; east by Private Road or R.O.W. (Private Road #12 Cedar~ Birch Road); south by E. King; west by D.M. Brawner & Wife. 7:SS P.M. (E.D.S.T.) upon ap- plication of Thomas E. Conrad & Wife, 7020 North Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, for permission to construct attached garage with insufficient setback. Location of property: S/S North Bayview Road, Southold, Map of Leeward Acres, south half of Lot #'s 11 and 12. 8:05 P.M. (E.D.S.T.) upon ap- plication of Chester Orlowski a/c Rountree, 235 Pequash Avenue, Cutchogue, New York for a vari- ance in accordance with the Zon- ing Ordinance, Article Ill, Section 100-32 for permission to construct garage in front yard area. Loca-/ tion of property: R.O.W. off Miller R.O.W., Mattituck, New York, bounded on the north by Private Road; east by D.F. Shaw; south by Howard's Branch of Mattituck Creek; west by G.W. Argentieri. 8:15 P.M. (E.D.S.T.) upon ap- plication of Virginia G. Jones, 12 Hamilton Place, Garden City, New York for a variance in ac- cordance with the Zoning Ordi- nance, Article Ill, Section 100-32 for permission to construct acces- sory building in front yard area. Location of property: Willow Point Road and R.O.W. off Bay Home Road, Southold, New York, Map of Willow Point, Lot No. 26. 8:30 P.M. (E.D.S.T.) upon ap plication of William Killian ,', Wf, West Hill Road, Mattituck New York for a variance in ac cordance with the Zoning Ordi Hdlding Co.; west {ay Mattltuck Holding Co. 8:45 r' '4. (E.D.S.T.) upon ap- plicatic f Rudolph H. Bruer, Esq. a/c William Herman, 11 Levon Lane, Miller Place~ N.Y. for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission to construct one family dwelling with insufficient width and setbacks. Location of property: N/S Sound View Ave- new, Southold, Lot No. $ of N. Goldin, Map # 1106. ~ ~" 9:00 P.M. (E.D.S.T.) upon ap- plication of William Wickham, Esq. a/c Athanas Zamphiroff, 60 Riverside Drive, New York, N.Y. for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient width. Location of property: E/S Cedar Avenue, Southold, New York, bounded on the north by Hickory Avenue; east by J. Peterson & Wf.; south by Reinhardt, Forquer, Graseck; west by Cedar Avenue. ~ 9:10 P.M. (E.D.S.T.) upon ap- plication of Loraine Strohmeyer, Youngs Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article lll, Section 100-30 and Bulk Schedule for permission to divide lot, with two dwellings, with insufficient width and area. Location of pro- NTY OF SUFFOLK [ ss: rE OF NEW YORK j Sherley KarT. being duly sworn, says that she is an 'r, of THE LONG ISLAND TRAVELER - MA'I-FITUCK 'CHMAN, a public newspaper printed at Southold, ffolk County; and that the notice of which the ed is a printed copy, has been published in said Island Zraveler-Mattituck Watchman once each for ............... .'...~.~2~ ........ y... wee siveJy, commencing on the ............... ,/. ....................... ............ .,;~.;,.~,.,..~ ..... ~ ...... , 19.~..~,'.. Sworn to before me this ....... ./..C'~ .......... day of ........... ~..4.,-.~...~.~-...% 19.d....L perry: E/S Youngs Road, Orient, New York, bounded on the north // by B.Clingen; east by C. Brown; ............ .~..~...~ south by E.F. Caufield; west by Youn~ts Road. 9:20 P.M. (E.D.S.T.) upon ap- plication of Gary Olsen, Esq. a/c Stanley A. Chase, Park Avenue, Mattituck, New York for a vari- ance in accordance with the Zon- ing Ordinance, Article III, Section' 100-31 and Bulk and Parking Schedule for permission to divide property with insufficient area and width. Location of property: Park Avenue, Mattituck, New York, bounded on the north by Hanlon-Park Avenue; east by Bud Holman; south by Peconic Bay; west by C.H. Wickham. 9:30 P.M. (E.D.S.T.) upon ap- plication of Gary Olsen, Esq. a/c Sven Englund, 134-40 Hook Creek Boulevard, Rosedale, N.Y. for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-118 for permission to reinstate a pre- existing use. Location of property: North side of County Road 27, Mattituck, bounded on the north by M.G. Long; east by T. Maranges & Wf.; south by County Road 27; west by W. GatT & Wf. Any person desiring to be heard on the above appeals Notary Public y -- TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO,/ ~/~/~;~ DA E TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Athanas Zamphiroff 60 Riverside Drive ), ( ~e ) .................................................................. of ............................................................................ Name of Appellon;~ Street and Number New York New York HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDINJINSP~CTOR ON .o ............................... ..... ............ WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ( ) Athanas Zamphiroff Name of Applicant for permit of 60 Riverside Drive New York ............................................................................ New York Street and Number Municipoli%~ .................... ~%~ ....................... PERMIT TO USE ) PERMIT FOR OCCUPANCY East side Cedar Avenue, Bavview 1. LOCATION OF THE PROPERTY ............................................................................. ,...$.O.~ko. ld, Street Use District on Zoning Map ,...~..e...~... ~ .°..~...~. ~ ..,i'..A..'.'.....~..e...~.~ ~ .e..~..~ ~, ,a;]:...?..~..~ ..,.~..g. ?i a ul t u r a 1 Map 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.) Article III Section 100-30 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 (Jco~:(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 is requested for the reason that applicant wishes to divide the lot of over 2-1/2 acres, which would result in insufficient frontage. A survey is attached showing the proposed division. Form ZB1 (Continue on other side) REASON FOR APPEAL ' Continued 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce practicaldifficultiesorunneces- sory HARDSHIPbecau~ 1) width requirements would, in effect, eliminate the use of both one-acre plus parcels, although each of the two pro- posed lots is larger than adjoining lots and parcels. 2) the width requirements present practical difficulties in that it will impose 2-1/2 acre zoning on this parcel, thereby causing hardship of double taxation, and the owner would be deprived of the sale of either lot or both. 2. The hardshipcreatedis UNIQUEand isnotshared by all prope~ies alike in the immediate vicinity ofthis propedy andinthis use district because strict application and width limitation would result in imposing 2-1/2 acre zoning rather than one acre zoning in an area where few, if any, of the lots meet the area and frontage regulations of the ordinance. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT I~c~ since the proposed division contemplates one-family residential use on each of the two lots. The proposed subdivision would enhance the character of the district since the lots would be well over one-acre each, with an adequate frontage and good depth. STATE OF NEW YORK ) ) COUNTY OFNEW YODK) SS .... ~ha~ S'~ture /zampnzr~I" Sworn to this ................... .1...8..t.,~ ................. day of ......... ..F.e...b..r..u...a..r.y. ........................... 19 75 Notary Public TOWN, OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your apprication dared E~ /~¢'~ ~' d ng Inspector WlCKHAIvl & LARK,.~.c. MATT TUCK, LONG ISLAND NEW YORK 11952 February 28, 1975 Town of Southold Town Clerk's Office Southold, New York 11971 Att: Mr. Dear Mr. Howard Terry, Building Department Re: ~pplication for Variance Terry: Enclosed are original and copy of Appeal from Decision of Building Inspector, with surveys attached, executed by Mr. Athanas Zamphiroff for a variance to divide his property on the East side of Cedar Avenue, Southold. Also enclosed is our check in the sum of $15.00 to cover the filing fee. WW:jgm Encs. t ~AP OF L-A~ /6, THANA5 .~ ~-_.UTI--I F__. ZAIVtPHiP--OI:'F AT UNAUTHORIZED ALTEgATION OF TO THIS SURVEY IS A VIOLATION SECTION 7209 CF THE NEW EDUCATION LAW. COPIES OF THiS SU~¥EY MAP Not