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HomeMy WebLinkAbout1893 TOWN OF SOUTHOLD, NEW yO~tK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1893 Dated April 2, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOI~) To Stevan & Peggie Banick Horton Point (Pvt Rd.) Southold, N. Y. DATE.~ay...~_.1974 Appellant at a meeting of the Zoning Board of Appeals on May 2, 1974 was considered and the action indicated below was taken on your ( ) Bequest for variance due to lock of access to property ( ) Bequest for a special exception under the Zoning Ordinance (X) Request /or a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was determined that a ~e~ul exception ( ) be granted ( ) be denied p~suani te ~t~e .................... Sect~n .................... S~sect~n .................... paragra~ .................... ~ the Zoning Ordinance and the decision of the Building Inspecinr ( ) be reversed ( ) be co~med beean~ 7:35 P.M. (E.D.S.T.) upon application of Stevan and Peggie Banick, Horton Point (Pvt Rd), Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule, Article XI, Section 110-112 B, C, D, G, H, Section 110-113 (3), for permission to build new mixed occupancy (business and residence) building with insufficient sideyard, rear yard, and parking area. Location of property: W/S Youngs Avenue (RR Ave.), Southold, New York, bounded north by (now or formerly) Eissman; east by Youngs Avenue; south by John Terp; west by Koke Bros. 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 or unnecessary SEE P~EVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by aB properties alike in the immediate vicinity of this property and in the same use districl 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. Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to build new mixed occupancy (business and residence) building with insufficient sideyard, rear yard, and parking area, located on the W/S of Youngs Avenue (RR Ave.), Southold, New York. The findings of the Board are that applicant will have three or four parking spaces to the rear of the building and will be within 200 feet of a public parking lot. The Board finds further that the proposed building will cover approximately the same square footage as the building which is being replaced and the use will not be changed, namely, "mixed occupancy". 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, Stevan and Agnes Peggie Banick, Horton Point, (Pvt. Rd.), Southold, New York, be GRANTED permission to,~uild new mixed occupancy (business and residence) building with insufficient sideyard, rear yard, and parking area on the west side of Youngs Avenue (RR Ave.), Southold, New York, as applied for, subject to the following conditions: That the proposed building be no closer to Young's Avenue than the average setback created by adjoining buildings. That the proposed building be no closer than 3 feet to the northerly line, and no closer than 10 feet to the southerly line of the property. Vote of the Board: Grigonis, Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town L~'~nd the p~isiOns of the Amended Building Zone Ordinance of the Town cf ~outnoId, Suffolk County~ New York, public hearings Will be Keid by the Zoning Board of Appeals of the Town of Southold, at the Officej Main Roadj Southold~ New York~ on May 2~ 1974 ~n ~he following appeals: 7:35 P.M. (E.D.S.T.) ~ ~pon application of S~evan a~d Agnes Peggza Banick~ Horton Point, (Pvt. Road), Southold, New York for a varmance in accordance with the Zoning Ordinance, A~ticle VII, Section 100-71 and Bulk Schedule, Article Xi, Section 110~112 B, C~ D, G, H~ Section 100-113 (3) ~ for permission to build new mixed occupancy (~usiness and residencel building with insufficient sideyard, rear y~rd, and parking area . Location of property: ~/S/ Young's Avenue ~RR Ave~) Southoid, New York~ bounded north by /now or fozm~er!y) Eissman; east by Young's Avenue~ south by ~ohn Terp; west by Koke Bros. 7:45 P.M. (E.D.S.T.) ~ Rehearing on motion of the Southold Town Board of Appeals of application of Dalchet Corporation~ Pequash Avenue, Cutchogua~ New York, for a variance in accord- ance with the Zoning Ordinance, Article III~ Section 301 and Bulk Schedule for permission mo set off existing dwelling lot with insufficient area and frontage. Location of proper~y: south side Main Road, Cutchogue, bounded north by Main Road~ east by other land of applicant~ south by other land of applicant~ west by A. Luglio (formerly Orlowski). 8:15 P.M. (E.B.$.T~ ~ upo~ application of Lucile Mosback~ Rose.'~ill, Nort~ Carolina, fo~ a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule NOTICE OF HEARINGS Pursuant to Section 267 of th~ Town Law and the provisions of the Amended Building Zone Ordinance df 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, South- old, New York on May 2, 1974 on the following appeals: ~ 7:35 P.M. (E.D.S.T.), upon application of Stevan and Agnes Peggie Banick, Horton Point, (Pvt. Road), Southold, New York for a variance in accordance with the Zoning Or, dintmce, Article VII, Section 100-71 and Bulk Schedule, Article XI, Section 110-112 B, C, D, G, H, Section 100-113 (3), for permission to build new mixed occupancy (business and residence) building with insufficient sideyard, rear yard, and parking area. Location of property: W/S/ Young's Avenue (RR Ave.), Southold, New York, bounded north by (now or formerly) Eissman; east by Young's Avenue; south by John Terp; west by Koke Bros. e 7:45 P.M. (E.D.S.T.), Rehear- lng on motion of the Southold Town Board of Appeals of application of Dalchet Corpora- tion, Pequash Avenue, Cutch- ague, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 301 and Bulk Schedule for permission -to set off existing dwelling on lot with insufficient area and front- age. Locastion of property: south side Main Road, Cutcbogue, bounded north by Main Road; east by other land of applicant; south by other land of applicant; west by A. Luglio (formerly Orlowski). 8:15 P.M. (E.D.S.T.), upon application of Lucile Mosback, Rose Hill, North C~r~lina, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 301 and Bulk Schedule for permission to divide and ~et off lots with existing buildings with less than required width and area. Location of property: south side Main Road, E'st Marion, New York, bounded north by Main Road; east by WiIliam Park, Jr.: south by Gardiners Bay; west by A. E. Parker & others. 8:30 P.M. (E.D.S.T.) upon application of Robert Davis and Wife, Peconic Bay Blvd., Matti- tuck, New York, for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30, 100-31 and Bulk Sched- ule, for permission to use existing lot for one family dwelling with insufficient side yard area. Location of oropertv: S/S Sound Avenue, Mattituck, bounded north COUNTY OF SUFFOLK / STATE OF NENV YORK~ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK WATCHMAN, a public news- paper 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 Watch- man once each week for .... _.~....>!:~.(.'~(.......~.~...~.... week. s/ successively, commencing on the ............. s~z...._~ ................. day of ......... Sworn to before me this ....... U..L~?. ........ day of ......... ........... ....... NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law ~nd the provLsinns of the Amended Building Zone Ordinance of the Town of Seuthuld, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southeld, at the Town Office, Main Road, Scuthold New York, on May 2, 1974 on th following appeals: -- - 7:35 P.M. (E.D.S.T.), upon application of Stevun and Agnes Peggie Banick, Horton Point, (Pvt. Road), Southold, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 'and Bulk Schedule, Article XI, Section 110- 112 B, C, D, G, H, Section 100-113 (3), for permission to build new mixed occupancy (business and residence) building with in- sufficient sideyard, rear yard, and parking area. Location of property: W-S Young's Avenue (RR Ave.), southeld, New York, bounded north by (now or for- meriy) Eissman; east 'by Young's Avenue; south by John Terp; west by Koke Bros. ~ 7:45 P.M. (E.D.S.T.), ~Rehearing on motion of the Southold Town Board of Appeals of application of. Dalchet Cor- poration, Pequash Avenue, Cutchngue, New York, for a variance in accordance with the Zoning Ordir~nce, Article III, Section 301 and Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of property: south side Main Road, Cutche~ue, bounded north by Main Road; east by other land of applicant; south by other land of applicant; west by A. Luglio (formerly Orlowski). 8:15 P.M. (E.D.S.T.), upon application of Lucfle Mesback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordirmnce, Article III, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road, East Marion, New York, bounded north by Sworn to day of .. Main Road; east by William Park, Jr.; south by Gardiners Bay; west by A.E. Parker and others. 5:30 P.M. (E.D.S.T.) upon application of Robert Davis and wife, Peconic Bay Blvd., Mat- tithck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 10030, 100-31 and Bulk Schedule, for permission to use existing lot for on~ family dwelling with insufficient side yard area. Location of property: S-S Sound Avenue, Mattituck, bounded north by Sound Avenue; east by (now or formerly) O. Daviault; south by Mattithck Realty; west by R. Demchuk. 9:40 P.M. (E.D.S.T.), upon application of Edward and Flaula - Grebinar, Sound View Road, Orient-by-the-Sea, Orient, Now York, for a variance indic- cordance with the Zoning Or- dinance, Article III, Section i00- 30 and 100-31 and Bulk Schedule for permission to turn present garage area into living quarters and add on addition for new garage with insufficient side yard COUNTY OF SUFFOLK. STA't-J~ OF NEW YORK, } ss: J Stuar.t 0. Dorman being duly Sworn. sm/s that ...h.e... is Printer ~nd Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published ~zt Greenport. in s=id county; and that the notice, of which the ~nnexed is ~ printed copy, has been published in the said Suffolk Weekly Times once in eoch week, for .......... o.n..e..(..]..) ......... weeks successively commencing on t~e ........... .2~.~.h. .......... d~/ of ...... .~.?..~.J-.~. ........ 19.7...~. e h' 2 'th befor me t is .... } ...... ~$--. . ..... area Location of ro err S-S ~ ~ · p P Y. ...~ sound V,ew' Roa , Orient, Lot ~, Section I, Orient-by-the-Sea,. ............ orient. 8:50 P.M. (E.D.S.T.), ~pon ~ application of Emily R. Mather, Bayer Road, Mattithck, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301, for permission to divide lot with insufficient frontage and area. Location of property: Bayer Road and Grand Avenue, Mat~ tituck, Lot Nes. 53, 43, 44, 77 and 76 "Mattithck Heights"7 Mat- tituck, New York. 9:10 P.M. (E.D.S.T.) upon application of Agway, Inc., Young's Avenue, southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Sec. 100-60 C - 3 (a) (b) (c) for permission to erect combination roof and ground sign in excess of 16 foot height requirement. Location of property: Young's Avenue and Private Road, southuld, bounded north by G. Minor and others; east by Young's (RR) Avenue; south by R. Houston and others; '-west by Alder and Hellman. 9:20 P.M. (E.D.S.T.), upon application of Charles Michel, Oakwead Drive, southeld, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section lll0- 30 C, Section 100-32 for per- mission to erect accessory building in front yard area. Location~of property: Oakwood FOl~'I NO. 3 ~rOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL ~i,e ~o .................................................................. ~ote .............. ~....~.~ ........... , for permit to construct ~~...at the premises Jocate~ at ...~...~~ ~..,.~.~.~,~..~ .................... Street .~ ....... ~.~..~.L.z~.:..~/.~.~~.....~:~.~....~r~.:~/~ .~....8_.~..~.~..~...~.~/~.a.z/z.z_.z.~>) ........................................................................ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ]:, ......... of .......... .................................... Nome of Appell(~n~ Street and Number (,PV..T.......[~..~ ............... ~.g.12.,~,h.0.~ .................................................... ~.~.:..~..; ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...?..~,.?....2."Z......1..0..Z.~. ................... WHEREBY THE BUILDING INSPECTOR DENIED TO same Name of Applicant for permit of Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) permit to build new mixed occupancy (business & residence) building 1L LOCATION OF THE PROPERTY ~./.S.Y. QtZ~U&S.,A~e, ............................................ ~.~.~1" gi¢.t Street Use District on Zonin~ Map ......................................................... Z-~.~ ................ Southo!d N~Y. Mop 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 VII~ SeclO0-7~? & B-c2l~J~ Schedule Art X~ Sec 110-11~ Sec 100-I13-(3~ ~ 3i TYPE OF APPEAL Appeo is mode herewith for (3~) A VARIANCE tc the Zoning Ordinonce or Zoning Mop ( ) A VARIANCE due to lock o~ occess (Store of ~lew York Town Low Chop. 62 Cons. Lows Art. ~ 6 Sec. 280A Subsection 3 4~ PREVIOUS APPEAL A previous oppec f.!J~i~) (has not) been made with respect to this decision of the ~3uilding Inspector or with respect to this property. S6~ch appeal was ( ) request for a special permit ( ) request for c variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ~ A Variance to the Zoning Ordinance ( ) isi requested for the reason that:, ~¢/e must replace an old which was removed recently due to its condition$ and barbershop~ and covered a large percentage "mixed occupancy" building it c~tained a home of the lot. The proposed building will cover about the same percentage of the lo¢ nad have living quarters on second floor~ a beauty parlor and watch repair & jewelry sales on first floor. Present requirements cannot ~orm zB! (Continue on other side) b~ et on the o~id szngle and seperate iot~ since the change in the zoning orminance in De~ 1971o REASON FOR APPEAL Continued 1: STRICT APPLICATION OF THE ORDINANCE would produce pract[ca~ dfffJcuiti~ or unneces- sary HARDSHIP because ~ At the time the old building was tern dowuu~ the nav~ me~ a±! requiremenzs cf ~ne zoning p~opose~ ne~ building would ~ ~ ordinance ~ setback~ side yards~ parking etc~ In December t ~1 ~ ' ~ 97 the ordinance was a~ended zncreaszng the szde yard ~_oarkimg and rear yard resuireme~ts~,_ ~ , ~ The_oroposed~bUilding will occupy about the same ~umbe_~ of sc2uare feet as the old buz~ng~ altho of dzfferenv snaoe than ~he old building~ There is a public .~e~ ~ ~ ~a~a~ ~ ~ ~ 0~ ~_ s~ee~ ~ ~.ng area wi~hln 2'~ feet of the subject property~ with enterance on main ~a~ ~ ~' ..... e~ =_~m exit om Tray!er street~ accessaoze to a~ cartons of the bus~esses in the new ~s~ 2. The hardshipcreatedis UNJQUEand Jsnotshared by al! proper¢ies o~Jke in ~he immedicte vicinity of Chis property and in th~s use district becla:use ~ ~he lot is an ol~ s~ngle and seperate let~ the only one on th~ street without a building at t~s time. Said let is in the ~B~" business district~ the proposed ~se is a permitted use. 3. The Variance wou~d observe the spJrff of the Ordinance cnd WOULD NOT' CHANGE THE CHARACTER OF THE DISTRICT because~ The new buz~m_~g reDiacee an old ~mixed occupancy" - dwe-~lzng and barbershop~ the ~m~cent lots on the northerly side are similar in size and have mixed occypancies~ dwelling and store~ or dwelling and shop. There will be no change mn the neighborhood as the proposed ouz_~dzng is a replacement of an old building with a new modern su_lming. STATE OF NEW YORK ss COUNTY OF ~uffo]-k ) . Aoril : Sworn to this 2 day at ............................ : ........ ~9 JUDITH T. BOK~N Notary Public, Slate of New Yo~. / No. ~2-0344968 Suffo[k Coun~,~ FOR~ NO; 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. ¥. Examined ......................................... 19.,....~ ApprOved ......................................... 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to scheduleL b. Piot plan showing location Of Jot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drown on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in pad' for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zbne Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (Signature of applicant, or name, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises _ , , tf applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..................................................... Plumber's License No. ~ Electrician's License No ............................................ Other Trade's License No ............................................... ] Location of la~ on which proposed work will be done. M~p No.: .............. ~; ...................... Lot No....~ ................. Municipali~ 2. Scare exJsHng use and occupancy of premises and in~ended use and occupancy of proposed construction: a Exis~t[ng use and occupancy b. Intended use and occupancy ,.,~Qf~&a:~..,l~.%aa, a.a'~..z;c¢~L..~.~a.~,..;~:.;~.,-aLE.~; ....... ~[,D~,.~D,~ .... 3. Nature of work (check which )][cable): New Building ...... .,.,~' ~ ....................... Ac ~]on Alteration ................. Repair .................. Removal .................. Demo]itior. .................... Other Work ................................................ ...... (Description) 4. Estimated Cost ............................................................ Fee ..~;~:~.~..?j...~zt,...~.~...~.~.~...~.,~R.;.~,~..~,~...~ ............. ~to 6e p~ on fihn~ tms 5. ~f dwelIJmg, number of dwelJin~ units ...... ~c.~.Z ...........Number of dwe]J~mg :m[~s on e~ch floor If garage, number of ~rs 6. If business, commercial or m~xed occupancy, speci~ nature and e~en¢ of each ¢~e of ~se ..... ~Z:~? .......... 7. Dimensions of existing structures, ff any: Front ............................ Rear ................................Depth Height ........................ Number of Stories Dimensions of same structure w~th alterations or additions: Front .................................... Rear ............................ Depth ................................Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front ._':'~ ........................... Rear ............ ,~....~, ............ , Depth L;.,~ Height .................... Number of Stories ..¢~zg ........................................................................................... 9. Size of bt: Front ...]:~: ................................................ Rear .......... :..;: ......................... Depth ..,.¥¥? 10. Date of Purchase ........................................................Name of Former ~ner ..... '¢'~"""~?~'b='~; 11. Zone or use district in which premises are situated u',~ ~ ,:~ 12. Does proposed construction violate any zoning iow, ordinance or regubt~on: .............. ~'*-?S ................................... !3. Will lot be regraded ...... ,>_~ ...............Will exce~ fiji be remov~ from premises: ( ~ Yes ( ) No 14. Name ' ' '~' ' :~ · '~"':~' ~ ~ , Name of Architect .............................................................. A~re~ ................................ Phon~ No Name of ' ~'' ~-~ "~ .>:~;~.f.,~;~. n Phone No Contractor ~,.~..-.~,.,~g~,,.~ ....................................Address ..... ~ ~ ..... ~.~ PLOT DJAG~M Locate clearly and distinctly aJJ bu~[dJngs, whether existing or proposed, ~ indicate ali set~k d~mens~oms from prope~ lines. Give street and block number or description according to de~, and show street nam~ and whether interior or corner STATE OF NDA~:,Y,~,t,- ~ c ~ COUNTY OF ...:::'..T..:...:7 ............... f~'~ ...................... - ....................................................................... being duly sworn, deposes and says that he is the aop icom (Name of individual signing contracf) above named, He is the .... ~= ~ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to oerform or have performed the said work and to make and file this application; that all statements :ontc~ined in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith, Swam to before me this 27 ........................ day of ................. < F .z:.c.,.r. ................. ~ 97.'z... Notary Public, . ................................................... County (Signature of agaJic~=nt) 0