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HomeMy WebLinkAbout1967 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONinG BOARD OF APPEAL~ DATE .No.v. ember 14, lq, 1974 Appeal No. 1967 Dated October 31, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTNOLD To Walter G. Kapp, Esq. a/c Louise O. Day 360 West 22nd Street New York City, N. Y. at a meeting of the Zoning Board of Appeals on November 14, 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 ( X) Request for a variance to the Zoning Ordinance ( ) 1974 Appellant the appeal 1. SPECIAL EXCEPTION. By re~lution ~ the Board it was d~ermined th~ a ~ecial exception ( ) be graded ( ) be de'ed p~suant to Artic~ .................... S~tion .................... ~b~ction .................... paragraph .................... ~ the ~ning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be ~irmed became 8:25 P.M. (E.S.T.) upon application of Walter G. Kapp, Esq. a/c Louise O. Day, 360 West 22nd Street, New York City, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot and buildings with insufficient area and width. Location of property: W/S Peconic Lane - N/S Long Island Railroad, Peconic, New York, bounded on the north by other land of applicant; east by Peconic Lane; south by A. Blaschack & Long Island Railroad; west by other land of applicant. 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 diIfioulties 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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERS~ FORM ZB4 ~ ) be denied and After investigation and inspection the Board finds that applicant requests permission to set off lot and buildings with insufficient area and width on the west side of Peconic Lane, north side of Long Island Railroad, Peconic, New York. The findings of the Board are that the lot to be created is considerably larger than most properties in the general area. 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, Walter G. Kapp, Esq. a/c Louise O. Day, 360 West 22nd Street, New York City, N. Y. be GRANTED permission to set off lot and buildings with insufficient area and width on the west side of Peconic Lane, north side of Long Island Railroad, Peconic, New York, as applied for. Voee of the Board: Ayes:- Messrs: Gillispie, Hulse, Doyen. Bergen, Grigonis, November 7, 1974 NOTICF-~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, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Seuthold, New York, on November 14, 1974, on the following a~peais: 7:30 P.M. (E.D.S.T.) upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VII, Section 100- 70 B (4) and Bulk Schedule for permission to construct Body Shop on property with in- sufficient side line. Location of property: N-S Main Road, Laurel (Dist. 11), New York, bounded on the north by J. O'Connell; east by A. Gondaie; south by Main Road; west by J. O'Connell. 7:45 P.M. (E.D.S.T.) upon application of Thomas A. Duffel T.A.D. Auto Sales, Main Road, Cutchogne, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B.4 for permission to conduct a used car sales business, and a special exception to erect a second sign. Location of preperty: Main Road, Cutchogue, New York, bounded · on the north by Main Road; on the east by Marraincka Lane; on the south by J. Brooks & R. Polhemns; on the west by Sunset Avenue. 7:55 P.M. (E.D.S.T.) upon apelication of Steven Born, Leeward Drive, Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 100- 34 and 100.35 for permission to install decorative entrance wall with fighting in front yard area of lots on new Private Road. Location of property: Oregon View Estates, Cutchogne, New York, beanded on the north by land of applicant; east by land of applicant; south by Midc~e Road (CR 27); west by land of ap- phc. ant. 8:10 P.M. (E.D.S.T.) upon application of Robert L. Hyatt a-c LEGAL NOTICE Joseph Cornacchia, Skank Lane (Bay Avenue), Cutchoguc, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 C (3) and 100-32 C for per; mission to construct accessory building (private garage) in front yard area. Location of property: N-S Skm~k Lane (Bay Avenue) at Peconic Bay, Cutchogue, New York, boanded on the north by Joseph Cornacchia, Jr., east by Peconic Bay; south by Skunk Lane (Bay Ave.); west by Joseph Cornacchia, Jr. 8:25 P.M. (E.D.S.T.) upon application of Waiter G. Kapp, Esq. a-c Louise O. Day, 360 West 22nd Street, New York City, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Scheduiel for permission to set off lot and buildings with insufficient area and width. Location of property: W-S Peconic Lane -- N-S Long Island Railroad, Peconic, New York, bounded on the north by other land of applicant; east by Peconic Lane, south by A. Blaschack & Long Island] Railroad; west by other land ofj applicant. 8:40 P.M. (E.D.S.T.) upon application of Cynthia Kaminsky, Woodcliff Drive, RFD 1, Box 153, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission t,' construct building on prem with in- sufficient setbacks. ~.ocation of property: Mill Road, Mattituck, New York, bounded on the north by Mill Road; , ' by M. Phillips; south by Phillips; west by Mattituck ~'reek (Inlet). 8:50 P.M. (E.D.S.T.) upon application of Craig c Nickaias Casamisina, 10 Island View, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk and Parking Schedule for permission to construct addition to existing dwelling resulting in reduction in side yard. Location of property: 10 Island View Lane, Greenport, New York, bounded on the north by G. Zelenski; east by Creek (Fanning Point); south by C. Krepp; west by R.O.W. Ext. of Island View Lane. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 31, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLI~, STATE OF NEW YORK, ~ ss: J Stuart C. Dorman .......... ~ ......................... being duly Sworn. soys that ....... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is u printed copy, has been published in the s~id Suffolk Weekly Times Once in each week, ~ .o.n..e..(1) ........... weeks successively commencing on the ?th (seventh) day of Novembe .~...~ .... -,. 19.74. ..... ~ii~ ~.~. :~r~...~v.. ....... Sworn to before me/this . .. ' aayof ./~?....;!~../, ,.. 19~.~.., ! JOSEPH LAWRENCE TOWNSE~!9 NOTARY PUBLIC OF NEW 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 November 14, 1974. on the following appeals: 7:30 P.M. (E.D.S.T.) upon application of Harvey Bagshav,~ Deep Hole Drive, Mattituck. ]~ic~ York for a variance in accordance with the Zoning Ordim/n v. Article VII, Section 100~7(l. 13 (41 and Bulk Schedule for permb,~ion to construct Body Shop on pro- perty with insufficient side line. Location of property: N/S Main Road, Laurel (Dist. IlL New York, bounded on the north by J. O'Connell; east by A. Goodale; south by Main Road; west by J. O'Connell. 7:4S P.M. (E.D.S.T.) - upon 35 application of Thomas A. Duffey, T.A~D~ Auto Sales, Main Road, Cutchogue, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B.4 for permission to conduct a used car sales business, and a special exception to erect a second sign. Location of property: Main Road~ Cutchogue, New York, bounded on the north by Main Road; on the east by Marratooka Lane; on the south by J. Brooks & R. Polhe- taus; on the west by Sunset Avenue, 7:55 P.M. (E.D.S.T.) upon application of Steven Born, Lee- ward Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-34 and 100-35 for permission to install decorative entrance wall with lighting[ in front yard area of lots on new Private Road. Location of pro- perty: Oregon View Estates, Cutchogue, New York, bounded on the north by lands of appficant; east by lands of applicant; south by Middle Road (eR 27); w_est by land of applicant. 8:10 P.M. (E.D.S.T.) upon application of Robert L. Hyatt a/c Joseph Cornacchia, Skunk Lane (Bay Avenue), Cutchogue, New York for a variance in accordance* with t?;~' Zoning Ordinance, Article ! ection 100-30 C (3) & 100-32 C .or permission to con- struct accessory building (private garage) in front yard area. Loca- tion of property: N/S Skunk Lane (Bay Avenue) at Peconic Bay, Cutchogue, New York, bounded on the north by Joseph Corn- acchia, Jr.; east by Peconic Bay; south by Skunk Lane (Bay Ave.): west by Joseph Cornacchia, Jr. 8:25 P.M. (E.D.S.T.) upon application of Walter G. Kapp, Esq. a/c Louise O~ Day, 360 West 22nd St., New York City, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 & Bulk Schedule for permission to set off lot and buildings with insufficient area and width. Location of property: W/S Pcconic Lane - N/S Long island Railroad, Peconic, New York, bounded on the north by other land of applicant; east by Pe~onic Lane; south by A. Blas- chak, & Long Island Railroad; wes; by other land of applicant. 8:40 P.M. (E.D.S.T.) upon application of Cynthia Kaminsky, Woodcliff Drive, RFD 1, Box 153, Mattituck, New York for a variance with the Zoning Ordi- nance. Article VII, Section 100-71 and Bulk Schedule for permission to construct building on premises with insufficient setbacks. Loca- tion of property[ Mill Road, Mattituck, New York, bounded on th6 north by Mill Road; east by M. Phillips; south by M. Phillips; west by Matfituck Creek (Inlet). 8:50 P.M. (E.D.S.T.) upon application of Craig A. Richter a/c Nickalas Casamisina, 10 Island View, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-31 and Bulk and Parking Schedule for permission to construct addition to existing dwelling resulting in reduction in side yard. Location of Property: 10 Island View Lane. Greenport, New York. bounded · on the north by G. Zelenski; ~ast by creek (Fanning Point); south by C. Krepp; west by R.O.W. Ext. of Island View Lane. Any person desiring to be 'heard on the above appeals should appear at the time and place above specified. Dated: October 31, 1974 BY ORDER OF SOUTHOLD TOWN BOARD OF APPEALS )F SUFFOLK ~, ss: NEW YORK ty Kotz, being duly sworn, soys that she is the FHE LONG ISLAND TRAVELER - MATTITUCK lAN, a public newspaper printed at Southold, County; and that the notice of which the a printed copy, has been published in said ~d Zravele~Mattituck Watchman once eaci~ ............. ......... ............ .. commencing on the ...................................... ........ 6(...d.,~:.' ............ , 19../. .... ................. worn to before me this ......... u~,.. ..........day of 1T-II/7 FO~M ~0.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLEgK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~,,. ~o ................................................................... ~.. ................. ~...~...~ ............. . , ~..~.~ .............. ~.,,,,.~.'/.~ .............. ' ~A ~ ~ ~ ~/ PLEASE K NOTICE that you application dated .................................................... , 1~.~. or perm,~ to ~...,.....~ ........ ~ .............. at the premises located at .....~ .......... ~ ........... ....A~....~....~z~..~:..~.~ ......... ~...~ ~~ ,~ -- ...... ~=r~w:~-..~ dmapprov~ q~, the folbwmg grounds ....~ .............................. ~ ...... .~'.~ ........ ~~.:..~.~.../~..~.~. ...... ~~~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INsPF,-cTOR APPEAL NO. / q j ~7 DA'rE..~T...~...~./. ~: .f..? 7/-7g TO THE ZONING BOARD OF APP~.,~LS, TOWN OF SOUTHOLD: N Y. Louise 0. Day by Walter m 1, (We) ..G~Or~ ~.~ ~.Q~. ~.tt'~ of 360 West 22nd Street Name of Appellant Street and Number of Applicant ............ ~''ZP'~' ............................................................. N,?.~.?...~.O..O...~..!.......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISIO.N OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( (,~:) Name of Applicant for permit of Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY per~¢ission to set off lot with insufficient width~ area and LOCATION OF THE PROPERTY ..~.~,.0.QTA~....~..~..D...~. .............. .~.~...~.~..~...~....A..~.IC.'.I,.?..~...1.~...'g~...~...~.. Street Use District on Zoning Mop Map No, Lot No. 2. PROVISION (SI 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 !00-31, and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (Z.) A VARIANCE to the Zoning Ordinance or Zoning Map f ~ 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 not) been made with respect to this decision of the Building Inspector or with respect to ~his property. Such appeal was ( ) request for o special oermit ( ) request 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 ) requested for the reason that Form ZBI (Continue on other side)_ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticaidifficuities or unneces- sary HARDSHIP because the existing structures on the lot together with the !ooation of existimg structures on neig~sor~ag tots~ amd the sizes thereof make it ~?_possibie to oo~!y with the ter~ of the ordinance without ineZuding two existing dweilinga~both of which ~av~ been in existence for many years~ on one legal loto 2. The hardshipcreatedis UN[QUEand[snotshared by ali prope~ies a[ike ~n the immediate vicinity ofthis property and in this use districtbecause ~ost of the lots in t~e i~ediate vicinity do not comply with the terms of the present ordinance but are presently legal because they wore held in single and separate owemrs~ip prior to the imposition of the ,ordinance° 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE cHARACTER OF THE DISTR~CT because it will be over 4~times as large as the largest of the two lots Lw~r~ediately to the south of it and will have over twice the road frontage of the largest of said lots~ It will also be larger than a s~ostantial n~ber of the lots in the vicinity. STATE OF NEW YORK ) ss COUNTY OFSD~0%~ ) Sworn to this ~--~c9 .............................................. day of....~A¢ ......................... / ? ? ? // J C) LJ IS E O. Ii;AY .-~., 0 [.J F H....¢ L. L~,