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HomeMy WebLinkAbout1941 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATESeRt. 12, 1974 Hear~g'~'-'~. 22, 1974 Appeal No. 1941 Dated August 7, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Gordon Ahlers, P.E. 188 Manor Lane Jamesport~ N. Y. a/c Brasby's Mattituck Manor Box 344 Main Road Mattituck, New York at a meeting of the Zoning Board of Appeals on September 12, 1974 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 Q( ) Request for a variance to the Zoning Ordinance ( ) Appellant the appeal 1. SPECIAL EXCEPTION. By resolution ~ the Board it was d~ermined that a ~e~ exception ( ) be gra~ed ( ) be de,ed p~suant to Article .................... Section .................... Subsection .................... paragra~ .................... ~ the Zoning O~inance and the decis~n of the Build~g Inspec~r ( ) be reversed ( ) be co~lrmed became 8:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, P.E., 188 Manor Lane, Jamesport, N. Y. a/c Brasby's at Mattituck Manor, Box 344, Main Road, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and 100-35 A for permission to construct stone wall fence with excessive height of piers and lights in 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 resolution of the Board ~_t was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical 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. Iil~pector t/ ) be confirmed ( ) be reversed. SEE REVERSE MarjorS. e McDermott, Secretar7 After investigation and inspection the Board finds that applicant requests permission to construct stone wall fence at Main Road and New Suffolk Avenue, Mattituck. The Board finds that applicant proposes a 30 inch high stone fence. The Board agrees with the applicant subject to restrictions concerning the gateway. 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, Gordon Ahlers a/c Brasby's at Mattituck, Main Road, Mattituck, New York be GRANTED per- mission to construct stone wall fence at Main Road and New Suffolk Avenue, as applied for, subject to the following conditions: That no portion of the gateway shall be closer than 20 feet to applicant's property line; the gateway to be located at the 20 foot entrance to the Brasby property at the westerly end of the property on Route 25. That no portion of the wall to be constructed on Route 25 or on New Suffolk Avenue shall be in excess of 30 inches. That nocportion of the gateway shall be closer than 20 feet to Route 25. The gateway shall not have less than a 16 foot high clearance, and no portion of the gateway shall be higher than 25 feet. A condition of granting is that applicant shall designate the opening in the wall on Route 25 as "Entrance" to the parking lot; and the opening in the wall on New Suffolk Avenue as "Exit" to the parking lot. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, 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, Suffolk County, ~ 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 August 22, 1974, on the following appeals: 7:40 P.M. '(E.DiS.T.) upon application of Bouton Services, Inc., Crescent & Fox Avenue, Fishers Island a/c William D. Galliard, Jr., Bell Hill Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 C and Bulk Schedule for permission to construct accessory building in side yard area. Location of property: W/S Bell Hill Avenue, Fishers Island, N. Y., bounded on the north by Carter; east by Bell Hill Avenue; south by J. P. Gaillard; west by J. P. Gai!lard. 7:50 P.M. (E.D.S.T.) upon application of Charlotte O'Keefe, P. O. Box 1175, Mattltuck,- N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission set off dwelling on small lot with insufficient side yard. Location of property: S/W Deep Hole Drive, Mattituck, bounded on the north by C. Ruttan; east by Deep Hole Drive; South by M. Nash; west by Deep Hole Creek. 8:05 P.M. (E.D.S.T.) upon application of James Pim & Wife, New Suffolk and Reeve Avenues, Mattituck, N. Y. for a variance 1n accordance with the Zoning Ordinance, Article Iii, Section ~00-32 C for permission to construct accessory building in legal front yard area. Location of property: Reeve & New Suffolk Avenues, Mattituck, New York, bounded on the north by Brooklyn Diocese; east by Reeve Avenue; south by New Suffolk Avenue; west by L. Reeve. Legal Notice Page 2 8:15 P~M. (E.D.$.T.) upon application of Edward & Gloria Praetz, North Road & Beverly Road, Southold, for a variance in accordance with the Zoning Ordinanoe, Article III, Section 100-34 and Bulk Schedule for permission to construct addition to dwelling withreduoed setback in front yard on private Road. Location of property: North Road (CR 27) & Beverly Road, Southo!d, bounded on the north by North Road (CR 27); east by Brady; south by Gisaitis; west by Beverly Road (Pvt. Rd.). 8:25 P.M. (E.D.S.T.) upon application of Gary Flanner Olsen, Main Road, Mattituck, N. Y. a/c Zdzislaw Mikolajczyk, 2 Johns Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section XI, Section 100-112 and Bulk Schedule for convert existing building (non-conforming with insufficient side and rear yards and for proposed use. Location of property: 100-61 & Article permission to business building) insufficient parking N/W side Main Road, Mattituck, New York, bounded north by Cemetery; east bk' Main Road; south by Mo Nine~ west by Cemetery. 8:40 P.M. (E.D.S.T.) upon application of Gordon Ah!ers, P.E., 188 Manor Lane, Jamesport, N.Y. a/c Brasby's Mattituck Manor, Box 344, Main Road, Mattituck, N. Y., for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-34 and 100-35 A for permission to construct stone wall fence with excessive height of piers and lights in front yard area. Location of property: Main Road & New Suffolk Avenue, Mattituck, bounded north by New Suffolk Avenue; east by J. Wickha~; south by Peteco Realty; we~t by Main Road. Pg. 3 Legal Notice 8:50 P.M. {E.D.S.T.) ,upon application of Finn B. Jensen and Barbara Jensen, 150 Gulf Street, Milford, Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property and ~se as single lots with insufficient area. Location of property: Fleets Neck, Lots No. 3 and No. 4, Map of Eastwood Estates, Map No. 3683, Cutchogue, New ~ork. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: August 8, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, August 15, 1974, AND FORWARD SEVEN (7) AFFIDAVITS OF PUBLICATION TO THE SOUT~OLD TWON BOARD OF .APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on August 8, t974: The Suffolk Weekly Times The Long Island Traveler-MattituckWatchman Supervisor Albert M. Martocchia Bouton Services, Inc. a/c William D. Gail!ard Charlotte O'Keefe James Pim & Wf Edward & Gloria Praetz Gary Flanner Olsen a/c Zdzislaw Mikolajczyk Gordon Ahlers a/c Brasby's of Mattituck Manor Finn B. & Barbara Jensen Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance 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 August 22, 1974. on thc following appeals: 7:40 P.M. (E.D.S.T.) upon ap-. plica6on of Bouton Services. Inc. j Crescent & Fox Avenue. Fishers! Island a/c William D. Gaillard, Jr.. Bell Hill Avenue, Fishers Island, New York for a variance in accordance with thc Zoning Or- dinance, Article 111, Section 100- 32 C and Bulk Schedule for permis- sion to construct accessory build- ing in side yard area. Location of property: W/S Bell Hill Avenue, Fishers Island, N.Y., bounded on the north by C~rter~east by Bell Hill A~enue; south by J. 6aiilard; west by J. P. Galliard. 7:50 P.M. (E.D.S.T.) upon plication of Charlotte O'Keefe, P. O. Box 1175, Mattituck. N.Y. for a variance in accordance with the Zoning Ordinance, Article Ill. Section 100-30 and Bulk Schedule for permission set off dwelling on small lot with insufficient side yard. Location of property: S/W Deep Hole Drive, Mattituck. bounded on the north by C. Ruttan; east by Deep Hole Drive; South by M. Nosh; x~est by Deep 8:05 P.M. (E.D.S.T.) upon ap-. plication of James Pim & Wife, New Suffolk and Reeve Avenues, Mattituck, N.Y. for a variance in accordance with the Zoning Or- dinance, Article III, Section 100- 32 C for permission to construct accessory building in legal front yard of a~ea. Location of property: Reeve & New Suffolk Avenues, Mattituck, New York, bounded on the north by Brooklyn Diocese; east by Reeve Avenue; south by New Suffolk Avenue; west by L. 8:15 P.M. (E.D.S.T.) upon ap- plication of Edward & Gloria Praetz, North Road & Beverly Road, Southold, for a variance in accordance with the Zoning Or- inance, Article III, Section 100-34 and Bulk Schedule for permission to construct addition to dwelling with reduced setback in front yard on Private Road. Location of property: North Road (CR 27) & Beverly Road, Southold, bounded on the north by North Road (CR 27); east by Brady; south by Gisaitis; west by Beverly Road (Pvt. Rd.). 8:25 P.M. (E.D.S.T.) upon ap- plication o~ Gary Flanner Olsen, Main R, Mattituck, N.Y. a/c Zdzi~law,,Mikolajczyk, 2 Johns Road, ~attttuck, New York, for a y OF SUFFOLK variance in accordance with the I ss: Zoning Ordinance, Article VI, OF NEVV YORK Section 100-61 & Article Xl, Sec- 1 tion 100-112 and Bulk Schedule , ' - ~ . /-: for permission to convert existing C~, c_ · / building (non-conforming bust- C~74/v~;L~ 3~v b6infl duly sworn, soys ness building) with insufficient e ~s' the 'r! ~'of¢~'~4· E LONG ISLAND side and rear yards and insuffi- Fd~fo.~, 4 cient parking for proposed use..ER - MATTITUCK WATCHMAN, a public news- Location of property: N/W side Main Road, Martituck, NewYork, ~rinted at Southold, in Suffolk County; and that bounded north by Cemetery; east ce of which the annexed is o printed copy, has been by Main Road; south by M. Nine; west by Cemetery. ~ in said Long Island Troveler-Mattituck Watch- 8:40 P.M. (E~D.S.T.) upon ap- ..~....~ plication of Gordon Ahlers, P.E., each week for .... Z..C.~:~.....(' .,.~week~ 188 Manor Lane, Jamesport, N.Y. / a/c Brasby's Mattituck Manor, cely, commencinfl on the .............. ,.....,..3 ................... Box 344, Main Road, Mattituck t' ' ~-~ ~ N.Y., for a variance in accordance ....... Xf...%.(f..A:..q./. ........... , ]9. with the Zoning Ordinance, Arti- /./~ ~ cie ltl Section 100-34 and 100-35 .Z..~..~[~'~.' . A for permission to construcl ~ ~ stone wall fence with excessive "J'% ..................:i"':"/'""'"'""~:"'"";') ...................... height of piers and lights in fronl yard area. Location of property: Main Road & New Suffolk Ave- nue, Mattituck, bounded north by ~.....6~...//. New Saffglk Avenue; east by J. Sworn to before me this ........ ....... dcw of Wickham; south by Peteco Real- /'-' ty; west by Main Road. ~ ...... (..'.-.~..L:.{'...6~/......, 19.,;./.~... 8:50 P.M. (E.D.S.T.) upon ap- - plication of Finn B. Jensen and Barbara Jensen, 150 Gulf Street, Milford, Connecticut, for a var- x.- "'-'~/' lance in accordance with the / J.Y /- . /- 0 , .... c.<..d.d.c..~ .......... Zoning Ordinance, Article IlL' ........... t'"~'" ~...l. ...... Notary Publte Section 100-30 and Buld Schedule for permission to divide property and use as single lots with insuffi- cient area. Location of property: . '" Fleets Neck, Lots No. 3 and No. 4. Map of Eastwood Estates, Map No. 3683, Cutchogue, New York. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: August 8, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 8/15 ~ Read and New Suffolk Avenue, LEGAL NOTICE ~ Mattituck, bounded north by New Notice of Hearings ~Suffolk Avenue; east by J. Parsuant to Section 267 of the[Wickham; south by Peteco ~ Law and the provisions ofiRe~ty; west by Main Road. ~, the Amended Building Zone 8:50 P.M. (E.D.S.T.) upon Ordinance of the Town of applicatianofFinnB. Jeusenand Seuthold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of *~e Town of Seuthold, at the Town ~ffice, Main Road, Southold, New York, on August 22, 1974, on the following appeals: 7:40 P.M. (E.D.S.T.) upon pplication of Bouten Services, fnc., Crescent and Fox Avenue, Fishers Island a-c William D. Gaillard, Jr., Bell Hill Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 C and Bulk Schedule for permission to construct accessory building in side yard area. Location of pro- perty: W-S Bell Hill Avenue, Fishers Island, N.Y., bounded on the north by Carter; east by Bell Hill Avenue; south by J.P. Galliard; west by J.P. Gaillard. 7:50 P.M. (E.D.S.T.) upon application of Charlotte O'Keefe, P.O. Box 1175, Mattitack, N.Y. for a variance in accordance with bounded on the north by C. Ruttan; east by Deep Hole Drive; South by M. Nash; west by Deep Hole Creek. 8:05 P.M. (E.D.S.T.) upon application of James Pim and wife, New Suffolk and Reeve Avenues, Mattituck, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 C for permission to construct accessory building in legal front yard area. Location of property: Reeve and New Suffolk Avenues, Mattituck, New York, bounded on the north by Brooklyn Diocese; east by Reeve Avenue; south by New Suffolk Avenue; west by L. Reeve. 8:15 P.M. (E.D.S.T.) upon application of Edward and Gloria Praetz, North Road and Beverly Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Schedule for permission to construct addition to dwelling with reduced setback in front yard on Private Read. Location of property: North Read (CR27) and Beverly Road, Southuld, bounded on the north by North Read (CR 27); east by Brady; south by Gisaitis; west by Beverly Read (Pvt. Rd). 8:25 P.M. (E.D.S.T.) upon application of Gary Flanncr Olsen, Main Road, Mattituck, N.Y. a-c Zdzislaw Mikolajczyk, 2 Johns Road, Mattituck, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Section 100- 61 and Article XI, Section 100-112 and Bulk Schedule for permission to convert existing building (non- conforming business building) with insufficient side and rear yards and insufficient parking for proposed use. Location of property: N~W side Main Read Mattituck, New York, bounded north by Cemetery; east by Main Road, south by~M. Nine; west by Cemetery. 8:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, P.E., 188 Manor Lane, Jamespert, N.Y. a-c Brasby's Mattituck Manor, Box 3~ ~ain Read, Mattituck, N.Y., ,or a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and 100-35 A for wall fence with excessiw ~ght of piers and lights in front yard area. Location of property: Main Barbara Jensen, 150 Gulf Street, Milford, Connecticut, for a variance in accordance with the Zoning Ordinance, Article III; Section 100-30 and Bulk Schedule for permission to divide property and use as single lots with in- sufficient area. Location of property: Fleets Neck, Lots No. 3 and No. 4, Map of Eastwood Estates, Map No. 3683, Cut- chogue, New York. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: August 8, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLR. ss: STATE OF NEW YORK, Stuart C. Do,man being duly Swor~ says lhat ....h.e.. is Printer and Publisher of the SUFFOL; WEEKi.¥ ?IM£S, a newspaper published ~t Greenport, in county: and ~hat the notice, of which the nnnexed is ~ printc copy. has been published in the said Suffolk Weekly Tim--_ once in each week, for one (1) week successively commencing on the ......... .1~.~..h ........... day of ......... Sworn to before me this ....~.~..~... ! day of ..... A?..~.~.../. ,1,97.~ .. ~J ~,~/., ~,..: ....... .... ................. · ./ NOiARY PUBLIC OF NEW YORK Resi:ing :in Suflolk £~gn[y _.~/ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL T ........... ~...' .................... ; ............ :.....: ....... ~ .... ' ............. ~'~'~'~"=:'~': ..................... · ......... ~....~" " ......... I ................. , PLE~ TAKE NOTICE that your ~pplicmion d~ted 19........ ~ 0 ...... ................................. ap .................................... Block ............................................ Lot ................................................ is ................ ~ ............. ~ ........................ ~ ................................................................................. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. {/~Z/Z/ DATE :.~/...~..'[6...-'' .... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, ~ Name~ of~ppellan.t ~ Street and Number ........... ........................ f. vr.,.f~.~.[..ZJ...~.....,~ ..................................... ,.m:....,...~. ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for/jpe,~' of ....... ____ ...... Street and Number /v~r]~ipality ~ z ~ate ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY .................... ~ .................... /~......~...,/"Z....~ .............. Street Use District on Zoning Mop 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.) 3: TYPE OF APPEAL Appeal is made herewith for (~ 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 (has)~4,~: net-) 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 ( ) reques~ for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ('~A Variance to the Zoning Ordinance ( ) is requested for the reason that l~ornz ZB1 Continue on other side)_ REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce p_racticaJ difficu~de,s or unneces- sary HARDSHIP bec.~ause 2. The hardship created is UNIQUE and is not shared by ali properties alike ix the imD~ediate vicinity of this property and in this use district bec,use /_~.~.-~r.~/.~=~ /~-~-.~: 3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTR~CT because ..4/~ ..~-~--~~-~-~-; STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this Of:~-~" day of..,....~.~.~.,~ .................. 19 ~'/~ 22, 2 2, Z~' ~_hd ia.N),: Au~ru~.r Z,~ ,ex~.pt by a Licensed Profes- sional Eng;neer, Is illegal". ',. . S~ctl6n 7209, Subdivision 2~ , Of f tl!.Of "Allerellon of this D°Curnent except: bl, a Licensed Profes- sional Engineer, Is Illegal", Section 7209, ,5Ut~[IvlSlO(I Iii, Y. StQte 6du~llon I.~v,