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Home My WebLink About1894 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1894 Dated April 5, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Robert Davis & Wf Peconic Bay Blvd. Mattituck, New York DATE-.~¥..2.,. 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 lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was determined that a ~e~ exce~ion ( ) be granted ( ) be deuled p~suant ~ Article .................... Section .................... Sub~ction .................... paragraph .................... of the ~ulng O~inance and the decision of the Buildi~ In~ector ( ) be reversed ( ) be ~nf~med because 8:30 P.M. (E.D.S.T.), upon application of Robert Davis & Wf, Peconic Bay Blvd., Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule , for permission to use existing lot for one family dwelling with insufficient sideyard area. Location of property: S/S Sound Avenue, Mattituck, New York, bounded north by Sound Avenue; east by (now or formerly) O. Daviault; south by Mattituck Realty; west by R. Demchuk. 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 practical hardship because di/iiculties 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 Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE Cliairman After investigation and inspection the Board finds that applicant requests permission to use existing lot for one family dwelling with insufficient sideyard area on premises located on the S/S Sound Avenue, Mattituck, New York. The findings of the Board are that applicant has an undersized lot as a result of an action taken by the County in approxi- mately 1968 or 1969. 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, Robert Davis & Wf, Peconic Bay Blvd., Mattituck, New York, be GRANTED permission to use existing lot for one family dwelling with insufficient sideyard area on premises located on the S/s Sound Avenue, Mattituck, New York, as applied for, subject to the following conditions: That applicant's house be placed on the property no closer than 10 feet on the westerly side and no closer than 14 feet on the easterly side of the property. That applicant's house be no closer to the street than the prevailing setback established by existing houses. Vote of the Board: Grigonis, Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, LEGAL NOTICE Notice of Hearings Pursuant %o Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by tMe Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on May 2f 1974 on ~ne fo!lowin9 appeals: 7:35 P.M. (E.D.S.T.), upon application of Stevan and Agnes Peggie Banick, Horton Point, (Pvt. Road), Southoldf New York for a variance in accordance with the Zonin~ Ordinance, Article VII, Section 100-7! and Bulk Schedule, Article Section 110-112 B, C, D, G, H, Section 100-113 (3), for perm!ssion to build new mixed occupancy (business and residence building with insufficient szaeyard~ rear yard~ and parkzng area Location of proper~y: W/S/ Young~s Avenue (RR Ave.j Southold, New York, bounded north by (now or formerly) Eissman; eas5 by Young's Avenue; south by John Terp; west by Koke Bros. 7:45 P.M. (EoD.S.T.), Rehearing on motion of the Southold Town Board of Appeals of application of Dalchet Corporation, Pequash Avenue, Cutchogue, New York, for a variance in accord- ance with the Zoning Ordinance, Article !II, Section 301 and Bulk Schedule for permission to set off existing dwelling lot with insufficient area and frontage. Location of property: south side Main Road, Cutchogue, bounded north by Main Road~ east by other land of applicant; south by other land of applicant; wes5 by A. Luglio (formerly Orlowskil. 8:15 P.M.~ (E.D.S.T.), upon application of Luci!e Mosback, Rose ~ill, North Carolina, ~or a variance in accordance with the Zoning Ordinance, Article iii, Section 301 and Bulk Schedule Legal Notice Page 2 for~ermission to divide and set off lots with existing buildings with less than. required width and area. Location of properny~ south side Main Road, East Marion, New York, bounded north by Main Road; east by William Park, Jr.; south by Gardi~ers Bay: west by A. E. Parker & o~ners. 8:30 P.M. (E.DoS.T.) upon application of Robert Davis aha Wife, Peconic Bay Blvd., ~attituck, New York, for a variance m£ accordance with the Zoning Ordinance, Article III, Section 100-30~ 100-31 and Bulk Schedule, for permission to use existing ~ot for one family dwelling with insufficient side yard area. Location of properEy: S/S Sound Avenue, Mattituck, bounded ncrth by Sound Avenue; ease Dy [now or formerly} O. Daviault; south by Mattituck Realty~ wes~ by R. Demchuk. 8:40 P.M. (E.D.S.T.), upon application of Edward and PlauJa GrebinarF Sound View Road, Orient-by-the-Sea, Orient, New York, for a variance in accordance with the Zohing Ordinance, Article III, Section 100-30 and 100-3i and Bulk Schedule for Derm~ssion to turn presenE garage area into living quarters and add on addition for new garage with insufficient side yard area. Location of property: S/S Sound View Road, Orient, Lot No. 27, Section I, Orient-by-the-Sea~ Orient. 8:50 P.M. (EoD.S.T.), upon application of Emi!v R. }1ather= Bayer Road, Mattituck, New York, for a variance in accordance with the Zonmng Ordinance, Article II!, Section 301, permission to divide lot with insufficient frontage Location of property: Bayer Road and Grand Avenue, Lot Nos. 53, 43, 44, 77 & 76 "Mattituck Heights~', New York. for / and area. Mattituck, Mattituck, NOTICE OF HEARINGS : Pursuant to Section 267 of the Town Law qnd the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Soutbold, at the Town Office, Main Road, Southuld, New.York, on May 2, 1974 on the following appeals: 7:35 P.M. (E.D.S.T.), upon FMain Road; east by William ( Park, Jr;. south by Gardiners fi Bay; west by A.E. Parker and ti others. · ~ 8:30 P.M. (E.D.S.T.) upo~ S application of Robert Davis and 1 wife, Peconic Bay Blvd., Mat- ( tituck, New York, for a variance in accordance with the Zoning r Ordinance, Article III, Section sn 100-30, 100-31 and Bulk Schedule, for permission to use existing 10t p for one 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 Mattituck Realty; west by R. Demchuk. 8:40 P.M. (E.D.S.~m~p~ application of Edward and Flauia - Grebinar, Sound View Road, Orient-by-the-Sea, Orient, New York, for a variance in~_ac- cordance with the Zoning Or- dinance, Article III, Section 30 and 100-31 and Bulk Schedule for permission in turn present garage area into living quarters and add on addition for new garage with insufficient side yard COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: Stuart C. Dorman ...................................... being duly Sworn. says that ....h.e.. is Printer and Publisher of the SUFFOLK area. Location of property: S-S['IMES, a newspaper published ~rt Greenport. in said Sound View Road, Orient, Lot No. 27, Section I, Ortent-by-the-soa,d that the notic6, of which the annexed is ~ printed Orient. 8:50 P.M. (E.D.S.T.), Uponbeen published in the s~id Suffolk Weekly Times application of Emily R. Mather, one ( 1 ) Bayer Road, Mattituck, New:h week, ~or ........................... weeks York, for a variance in ac- 2~th cordance with the Zoning Or-Y oommencing on the ......................... dinance, Article III, Section 301, A · '~ .~ for permission to divide lot with, · ?.P.~-~-'~-- ,~ ~ , - - - · 1~(... insufficient frontage and area. ~- - f ~/ ~-~" z Location of property: Bayer '- "'~-~-~' '~<'~' 'a .... '¼ ................ ¥ ........... Road and Grand Avenue, Mat- ~efore me this 2.~.th ~ MW~.~_~C[ tituck, Lot Nos. 53, 43, 44, 77 and ,.. ..... ' ~ ' ' '" "~'o PUB' .... "York for a variance in ac- ' cordance with the Zoning Or- dinance, Article VI, SOc. 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, Southold, bounded north by G. Minor and others; east by Young's (RR) Avenue; south by R. Houston and others; west by Aider and Hellmun. 9:20 P.M. (E.D.S.T.), upon application of Charles Michel, Oakwood Drive, Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 1.00- 30 C, Section 100-32 for per- mission to erect accessory building in front yard area. Location of property: Oakwood Drive, Southold, New York, Lot No. 72, Cedar Beach Park. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: April 18, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 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 Zouing 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 Ordinance, Article Vll, 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. 7:45 P.M. (E.D.S.T.), Rehear- ing 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 III, 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, 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. (~.D.S.T.), upon application of Lucile Mosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 301 and Bulk Schedule for permission to divide and let 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 William 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 Ill, 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 property: S/S Sound Avenue, Mattituck, bounded nortl~ by Sound Avenue; east by (now or formerly( O. Daviault; south by Mattituck Realty; w~ Demchuk. 8:40 P.M. (E.D.S.T.), upon application of Edward and Flauia Grebinar, Sound View Road, Orient-by-the-Sea, Orient, New York for a variance in accords, ncc with the Zoning Ordinance, Article Ill, Section 100-30 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 area. Location of property: S/S Sound View Road, Orient, Lot No. 27, Section 1, Orient-by-theSea, Ori- ent. COUNTY OF SUFFOLK [, ss: STATE OF NLWV YORK C. Whitney Booth, .Ir., 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 o printed copy, has been published in said Long Island Troveler-Mattituck Watch- man once each week for ..... ~ ....... .wee successively, commencinfl on the ............. ~.~:,~?. ................. do¥ Sworn to before me this ...... ~-.~.,~ .......... day of .............. ....... ....................... FOI~M ~TO. 3 f+'x TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL File Xlo .................................................................. Date .................................. , 19 ....... ~ ~ ~ ?~~(~.~L~,~. .... .... '~'~'~'"~'~7 ....... '~ .... PL~SE TAKE NOTICE that your application doted .......... ~....~. ............. , 19..~..~ for permit to construct ....... at t at ...................... ~~.~ .................. Street ._~ ~ ............. ~~~,,z~.,z ~,~,..~~~,~ / Building inspector~ FO'FYM NO. 1 TOWN OF SOUTI'IOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ......................................... 19 ........ Approved ........................................ , 19 ........ Permit No ..................................... Disapproved o/c ........................................................................................... Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ~/~' , 1 c)...?..~.. .... INSTRUCTIONS o. This!application must be completely filled Jn by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sere of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of Jot and of bbi]dings on premises, relationship to adjoining premises or public streets o~ areas, and giwng o detailed description of layout of property must be drawn 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 o Building Permit to the applicant. Such permit shall be kel~t on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until o Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of o Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffo k County, New York, and other app cab e Laws, Ordinances or RegulationS, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The opplicdnt agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to autharized inspectors on premises and ir~ buildings for necessary inspections. (Signature of applicant, or name, if a corporation) ................................ ............................ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Nome of oWner of premises ............................... .~'.~..~;]~...;:~.~.4.~'..~..~.~ ..................................................................................... [f applicant is o corporate, signature of duly authorized officer. ~Name and title of corporate officer) Buildegs License No ..................................................... Plumber's License No ................................................. ElectriUan's License No ............................................. Other Trade's License No ............................................... 1. Locdtion of land on which oroposed work will be done, ,Map,No.: .................... ~: .......... ~-... J~ No ................ Street and Number ...... ,.., .......... ~.: ....... ~ ................................... ; ............................................... ~ .................. ] -Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed constructioni a. lExisiting use and occupancy ........................................................................................ t ....................................... b. )ntended use and occupancy ................................................................................................................................ 3~ Nature of work (check which app hie): ~'~ew au ~c,ng .~ ................ Additi'~- .................. A~te..-.c~on ................ Repair .................. Remova~ .................. Demolition ............ : ....... Other Work ................................................... (Descr:~ption) 4. Estimated Cost ............ ~.~.~ff:f;~ .............................. ...Fee ......................................................................................... (to be pa[d on f~[~ng th~sapp, c~ ~ ~.~ ~f dwelling, number of dweff~ng units ............................ Number of dwelling ~m~s', '* on each r' oar .... Jf garage, number of cars 6. Jf bus[ness, commerdo[ or mixed occupancy, specify ~ai'ure and extent of each type of use 7. Dimensions of ex[sting structures, ff any: ero~t ............................ Rear ................................Depth Height ........................ Numar of Stories D~mensfons of same structure with dieter]ohs or additions: Front .................................... Rear Depth ................................Hdght ............................Number of Stories ................................ Height .................... Numbe~ o¢ Stodes ....................................................................................... :~......¥ ..................... 9. S~ze of ~ot: Fro~t ..................... 22' ............................... Rear .......................................... Depth .Z'.~ .......................... ]0. Date of Purchase ........................................................Name of Former Owner 11. Zone or use district f~ which premises are s~tuated ..................................................................................................... 12. Does proposed co~strucdo~ doJate any zo~f~g ~w, ordinance or reguJadon: ........................................................ J3. ~J ~ot be re, faded' . ........................... WfH ex?ss fill be removed from premises: ( ) Yes ( ) No 14. N~me of ~mer of premises .................................................... Addre~ ................................ ~hone No. Name of Architect .............................................................. Addre~ ................................ Pho~e No ....................... Name of ~onrracz-or ............................................. : .............. A~:dress ................................ Pko:ne No PLOT DiAGrAM Locate cleariy and d~sdnctly ail buiMings, whether ex~st[ng or proposed, a~d ~ndicote aJJ set~k dimensions from prope~ lines. G~ve s~reet o~d Nock number or descdpt[o~ occordi~9 to de~, and show street ~emes ~d COUNTY~O ..~' ~...? ......... ................................................................................................. being duly sworn, deposes and says that he is the opp[[cam (Name of ind~v~du6~ signing contract) above named. ~ ~,~ He ~s the ..................................... (Contractor, age,t, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the sa~d work o~d to make Grid fife th~s application; that tha~ the work w~]~ be performed i~ the manner set fo~h in the ~ppi~ca¢~on f~[ed therewith. Swam to before me this ................. Notary P u b [ i~~,~, c. ~.~....~2~.~nt y (Signature of app!icant) ~ ~/.~/.~?~ .7>. TOWH OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONTNG BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. - 1,'(We) Mr. And firs. R. Davis of Peconic B.a.X B.]..X~- . .............. Name -of Appellant Street and Number ........................... [~A~.t~.tu.e,,k,~...~,,T.. ..................................... .N,,,~ ............ HEREBY APPEAL TO Municipality State THE TON NG BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ..................................... ........... ................ WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ~ ................... ............................. N~ne of A-l~plJc~nt~for permit of ......... , ,iD.e, ~, .0..1%...~.. ~.., }, .a.~..,, .~. _I.V ~ :. ............. ~.,a, .%. }..i..¢.;..U;,C.,~..,. ,. }. ;..I.. :....: ..................... Street. and Number Municipality State PERMIT TO USE exzsting lot for one family dwelling PERMIT FOR OCCUPANCY LOCATION OE THE PROPERTY ~/.S...So.un, d...A.v,e.....4.0D.:....~,..o;f...~'.ac.t;az;.ja,_,,i,'e.a ........ Street Use District on Zoning Map Mop No. Lot No. Mattituck N.Y. 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.) A~t_~.]e TII section 100-30 &31 g- R~qk qeh~8~l~ 3. TYPE OF APPEAL Appee 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 Frevious appealed(has not) been made with respect to this decision of the Building Inspector or with respect to this property· Such ~ppeal was ( ) request for a special permit ( ) request for c variance and was made in Appeo No ................................ Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is ,equested for the ?eason that Insufficient side li~es . %or i's ver~ narrow(5~') New home to be constructed is 26' wide Form ZB1 (Continue on other side) REASON FOR APPF_AL Cor~tinued 1. STRICT APPLICATION OF THE ORDINANCE wouid produce practical difficuJtie~s or unneces- sary HARDSHIP becous'e ~.~~u-~ 4-~ .~cJ~ ~.~ o~-~ ~ 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate 3. The Variance wou~d observe the spirit of the Ordinance and WO~LD NOT CHANGE THE CHA~CZER OF THE D~STR~CT beco~se ~ ~ ~-~ ?~.~ Not ~' ~ ,ub.[ic