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Home My WebLink About1924 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1924 Dated June 11, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTtIOLD To Gordon Ahlers, P.E. a/c Brasby's of Mattituck Manor Manor Lane Main Road & New Suffolk Avenue Jamesport, New York Mattituck, New York DATE..~q~...%~' 1974 Appellant at a meeting of the Zoning Board of Appeals on July 11, 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 ( ) 1974 the appeal 1. SPECIAL EXCEPTION. By resection of the Board it was determined that a ~ecial exception ( ) be ~a~ ( ) be denied pursua~ to Article .................... Section .................... S~ct~n .................... para~aph .................... ~ the ~nin~ Ordinance and the decision of the Building Inspec~r ( ) be reversed ( ) be ~irmed became 7:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, P.E., Manor Lane, Jam esport, New York a/c Brasby's of Mattituck Manor, Main Road & New Suffolk Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, ArtiCle III, Section 100-34 and 100-35 for permission to construct decorative stone wall (fence) part of which will be over 4 feet in height in the front yard area. Location of property: Main Road & New Suffolk Avenue, Mattituck, bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco Realty; west by Main Road. Fee paid $15.00. 2. VARIANCE. By reselution of the Boar~t it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical di/ficulties 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 ~'ranted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 After investigation and inspection the Board finds that applicant requests permission to construct decorative stone wall (fence) part of which will be over 4 feet in height in the front yard area of property which is located on Main Road and New Suffolk Avenue, Mattituck. The findings of the Board are that a stone wall would be a hazard to traffic conditions. Applicant stated that he would work on several different plans before returning to the Appeals Board. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED Gordon Ahlers, P.E., a/c Brasby's of Mattituck Manor, Main Road and New Suffolk Avenue, Mattituck, New York, be DENIED permission to construct decorative Stone wall (fence) part of which will be over 4 feet in height, in front yard area of Main Road and New Suffolk Avenue, Mattituck, as applied for, without prejudice to future appeals. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. LEC~AL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the .~mended Building Zone Ordinance of the Town of Southoid, Suffolk County, New York, publichearings will be held by the Zoning Board of Appeals of the Town1 of Southold, New York, on July 1!, 1974 on the following appeals: 7:40 P.M. (E.D.SoT.) upon application of Gordon Ahiers, P.E., Manor Lane, Jamesport, New York a/c Brasby's of Mattituck Manor, Main Road & New Suffolk Avenue, Mattituck, New York for a variance in accordance with the Zoning ordinance, Article III, Section 100-34 & 35A for permission to construct decorative stone wall (fence) part of which will be over 4 feet in height in front yard area Location of property: Main Road & New Buffolk Avenue, Mattituck; bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco Realty; west by Main Road. 7:55 P.M. (E.D.S.T.) upon application of Richard De Maria, 5 Swan Lane, Hauppauge, New York for a variance in accordance with the Schedule and area. north by W. ~est by J. Zoning Ordinance, Article IIi, Section 100-30 and Bulk for permission to divide lot with insufficient frontage Location of property: Hiawatha Path, Southold; bounded Ulhorn; east by Hiawatha Path; south by Co Boergesson; Derosa and another. 8:05 P.M. a/c William J. variance in (E.D.S.T.) upon application of Elbert E. Austin Eckartz, 315 Sound Avenus, Peconic, New York for accordance with the Zoning Ordinance, Article III, ection 100-30 and Bulk Schedule for permission to construct attached garage with insufficient sideyards. Locauion of )roper=y: S/S Sound Avenue, Peconic, New York; bounded north by ~ound Avenue, Lot No. !7, Peconic Shores, Peconic, New York. Legal Notice - Pg. 2 8:15 P.M. (E.D.S.T.) upon application of James & Eileen Dugan, 12 Gedney Avenue, Smithtown, New York for a variance ~n accordance with the Zoning Ordinance, Article III, Section !00-30 and Bulk Schedule for permission to construct dwelling with insufficient sideyard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section II, Cleaves Point Sub- division, Greenport, New York. 8:30 P.M. (E.D.S.T.) upon application of Nicholas ~ Patricla Drossos, Main Road (Arshamomaque), Greenport, New York for a variance in accordance with Section 100-60 C (3) (A) (B) sign. Location of property: the Zoning Ordinance, Article VI, (C)for permission to erect sidewall N/W side Main Road (Arshamomaque), ~reenport; bounded east by Long Island Lighting Company; south oy Main Road; west by John Drossos; north by Manor Grove Corp. 8:40 P.M. ~E.D.S.T.) upon application of Wickham &.~ark a/c Clinton Muttitt, North Country Road, Westhampton, New York for a variance in accordance with the Zoning Ordinance, Article IIi, Section 100-30 & Bulk Schedule and Section 280A Town Law for permission to divide property and for approval of access with insufficient frontage and area. Location of property: E/S Grand Avenue, Mattituck; bounded north by Rohrbach & Heuser; east by south by Long Creek; west by Grand Ave., Anrig, M. & P. Surer; Hopek, Hanson. 8:55 P.M. (E.D.S.T.) upon application of George F. Schmitt :and Wife , 55 Marlborough Road, West Hempstead, New York for ~ermission to construct accessory (storage) building in front pard area. Location of property: w/S Truman Path, East Marion, iew York; bounded north by Sullivan & Gorga; east by Truman's ?ath; south by E. Foster; west by Marion Lake. Legal Notice - Pg. 3 Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: June 27, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, July 3, 1974, AND FORWARD SEVEN (7) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on June 27, 1974: The Suffolk Weekly Times Long Island Traveler-Mattituck Watchman Supervisor Albert M. Martocchia Gordon Ahiers a/c Brasby's of Mattituck Manor Richard De Maria ~ Elbert Austin a/c William J. Eckartz IJames & Eileen Dugan .!Nicholas Drossos & Wf ~Wickham & Lark a/c Clinton Muttitt iGeorge Schmitt & Wf NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or~'nance of the Town of South.~ld, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, New York, in the Town Clerk's office, Main Road, Southold, on July 11, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.), upo! application of Gordon Ahinrs P.E., Manor Lane, Jamespert New York a-c Brasby's of Mat tituck Manor, Main Road & Ney Suffolk Avenue, Mattituck, Ney York for a variance in ac cordanee with the Zoning Or iinanee, Article III, Section ~4 & 35A for permission to con ~truct decorative stone wal (fence) part of which will be ovel t feet in height in front yard area. Location of property: Main Road ~ New Suffolk Avenue, Mat- ~ituck; bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco IIRealty; west bY Main Road. ~ 7:55 P~M. (E.D.S.T.) upor~ i'applieation of Richard DeMaria, 5 .Swan Lane, Hauppauge, New York for a variance in ac- cordence with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide lot with in- sufficient frontage and area. Location of proper~y: Hiawatha Path, Seuthold; bounded north by W. Ulhorn; east by Hiawatha Path; south by C. Beergessea; west by J. Derosa and another. 8:95 P.M. (E.D.S.T.) upon application of Elbert E. Austin a-. c William J. Eckartz, 315 Sound Avenue, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct at- tached garage with insufficient sideyards. Location of property: S-S Sound Avenue, Peconic, New York; bmmded north by Sound Avenue, Lot No. 17, Peconic Shores, Pecenic, New York. 8:15 P.M. (E.D.S.T.) upon application of James & Eilenn Dugan, 12 Gedney Avenue, Smithinwn, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient sideyard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section II, Cleaves Point Subdivision, Greenport, New YOrk: 8:30 P.M. (E.D.S.T.) upon application of Nicholas & Patricin Drosses, Main Road (Arshamomaque), Greenpert, New York for a variance in cordance with the Zoning Or- dinanee, Article VI, Section 100- 60 C (3) (A) (B) (C)for per- mission to erect sidewall sign. Location of property: N-W side Main Road (Arshamomaque), Greenport; bounded east by Long Island Lighting Company; south by Main Road; west by John Drossos; north by Manor Grove 8:40 P.M. (E.D.S.T.) upon application of Wickham & Lark a- c Clinton MuHitt, North Country Road, Wssthampton, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 280A Town Law for permission to divide ~property and for approval of access with insufficient frontage and area. Location of property: E-S Grand and ~ West per~ cesso front COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ........ S.~.ug.l? .t..Q ~..D. Qvm. a.n' ........... being duly Sworn. appe~ ~'~ [~_~T~ says that...he., is Printer and Publisher o! the SUFFOLK abovS Date Thc Fiat ~ WEEKLY TIMES, a newspaper published ~t Greenport, in said it has a hi~ county: and that the notice, of which the ~m-exed is ~ printed .............. copy, has been published in the said Suffolk Weekly Times once in each week, tot ........... o..n.e...{.~.). ..... weeks com__m---in~t_on t~e ............ 3.th .......... day o, ..... Sworn to betere me this ...~;~ ..... doy os .... ..... Ne, 52-9366335 (~rnmisswn Ex~ires March 30, 19~'~.~ LEGAL NOTICE NOTICE OF HEARINGS ' Pursuant to Section 267 of the Town Law and the pro,visions of the Amended Building Zone 'Ordlnance of the Town of Southold, Suffolk County, New York, public hearings will be helc~ at the Town Office, Main Road, Southold, New York by the Zoning Board of Appea~s of 'the Town of Southold, New York, on July 11, 1974 on the following appeals: ~ ' 7:40 P.M. (E.D.S.T.) upon 'application of Gordon Ahlers, P.E., Manor Lane, .lamesport, New York a/c Brasby's of Mattituck 'Manor, Main Road & New Suffolk Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100.34 & 3SA for permission to construct decorative stone wall (fence) part of which will be over 4 feet in height in front yard area. [x~ation of property: Main Road & New Suffolk Avenue, Matti- tuck; bounded north by New Suffolk Avenue; east by .l. Wickham; south by Peteco' Realty; west by Main Road. ~ 7:55 P.M. (E.D.S.T.) upon application of Richard De Maria, 5 Swan Lane, Hauppauge, 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 insuf0cient front- age and area. Location of property: Hiawatha Path, South- . old; bounded north by W. Ulhorn; east by Hiawatha Path; south by C. Boergesson; west by J. Derosa and another. 8:05 P.M. (E.D.S.T.) upon application of Elbert E. Austin a/c William J. Eckar~z, 315 Sound Avenue, Peeonic, New York for a variance in accordance with the Zoning Ordinance~ Article 1ti, Section 100-30 and Bulk Schedule for permission to construct attached garage with insufficient sideyards. Location of property: S/S Sound Avenue, Peconic, New York; bounded north by Sound Avenue, Lot No. 17, Peconic Shores, Peconic, New York. 8:15 P.M. (E.D.S.T.) upon application of James & Eileen Dugan, 12 Gedney Avenue, Smithtown, New York for a variance in accordance with the Zoning Ordinance, Article 11I, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side- yard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section 1I, Cleave~ COUNTY OF SUFFOLK ) STATE OF NEW' YORK/ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK 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 ...... ~.....i-.;.6,.% ........ 6...(..... week~' successively, commencing on the ............... ~.~.~i ........... .. dayo, ...... ....... .......................... b,:~:.: ........... :/. .................................. / Sworn to before me this ........ ..;') ............. day of .......... ......... , y ......... ...... ............. l~otar~ Public / Notary P ~ r State ol New Yorl~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S O'FI:ICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date~ ................. ~......! ........... , 19..~..Y ................. ~. ......... ' ' A y pp ' ' doted ........ .A ./..-.. _ _ _x.......: ............................ for permit to construct ..................... ~.'~..~ ........ at tb.e premises Io¢oted ot ~. ......... Street Map .......~.....~...~ '/ ............. Block .....~.~.......~... ..................... : .... Lot ...~.~.. ................................... is ~....~..~ ...... ~...~:...l~ ~...~...~/~;;~.~..". '~ ..~.....¢.....~......~.~.......c...~...~..o..-.?.~_~ ~...4...~.~..~_( ........................................... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /'~P'~ DATE ./.~...../..//../..~ .7/_/L TO THE ZONING ~OARD OF APPEALS, TOWN OF SOUTHOLD, N. Y: ....... i ....................... .ii ..... Municipality State - THE ZONING BOARD Of APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ............................. ~ ....... DATED .................~ ........ ................... / WHEREBY THE BUILDING INSPECTOR DENIED TO ama of Applicant far'permit of ....................... ..... ~t~eet ~n~"l~;~i~;; ............ ~'"'"/~'~i~ii~" '~' -' State ( ) PERMIT TO USE ( ) p/ERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ..~...~,~..~ ................................................................... Street Usi~ District on Zoning Map 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,nonce.) 3. T. YPE OF APPEAL Appeal is m~de herewffh for (/A VARIA~E t~ ~he Zonin~ Ordingnce at Zoning M~p A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 1:~. Sec. 28dA Subgection 3 of the Building Inspector,~'or ~vitF~ respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ............................. Dated ...................................................... ~s) '(h PREVIOUS APPEAL A pre,~ious appeal as not) been made with respect-to this decision REASON FOP~ APPEAL ) /~ Variance to Section 280A Subsection 3 (~,,~ A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL C~t)nu~ 1. STRICT APPLIC.~,TION OF THE ORDINANCE wouid produce pracfica~ difflcu~ties or unneces- sary HARDSHIP because ~--~~.~_.~.~x-~.~_ 2. The hardship created is UNIQUE and is not shared by ail properties alike in the immediate vicinity of this property and in this use district because 3, The Variance wouJd observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER oF THE DISTR CT becau~ ~ v.~_~_.~.~.~_~,~-~ STATE OF NEW YORK ) COUNTY ) .............................................. day o{ .................................. ~ 9Z ~ ~,~ata ry Public D ,5, %l,d ZhO' Iq, O' K. Ahlers, P; E, , J