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HomeMy WebLinkAbout1922 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1922 Dated June 5, 1974 ACTION OF THE ZONING BOARD OF APPEALS O1~ THE TOWN OF SOUTHOLD To Richard De Maria 5 Swan Lane Hauppauqe. N. Y. at a meeting of the Zoning Board of Appeal on July 11, 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 ~ ) Request /or a variance to the Zoning Ordinance ( ) DATE..J-U~y.--~I, 1974 Appellant the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 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 insufficient frontage and area. Location of property: Hiawatha Path, Southold, bounded north by w. Ulhorn; east by Hiawatha Path; south by C. Boergesson; west by J. Derosa and another. 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 REVERSE (b) The hardsh~ creWed(is) (~ n~)u~queand (would) (would not)be ~ared ~ aH ~operties ~ikein the ~mediate ~ciniW of thispro~rty and in thesameusedistrictbecause SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) 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 REVERSE FORM ZB4 ) be denied and Marjo~mott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide lot with insufficient frontage and area on Hiawatha Path, Southoldo The findings of the Board are that applicant is surrounded by lo~s of a similar or smaller size which were set off long before the present Zoning Ordinance went into effect. 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, Richard De Maria, 5 Swan Lane, Hauppauge, New York, be GRANTED permission to divide lot with insufficient frontage and area on property located at Hiawatha Path, $outhold, as applied for, subject to the following condition: That there shall be no further variance permitted in side yard, front yard, or rear yard setbacks. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, LE-GAL NOTICE Notice of Hearings Pursuant to Section 267 of the To%~ Law and the provisions )f the Amended Building Zone Ordinance of the Town of Southoid, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, New York, on July 1i, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, P.E., Manor Lane, Jamesport, New York a/c Brasby's of Mattituck Manorr 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 ~tone wall (fence) part of which will be over 4 feet in height 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. with the Schedule and area. north by W. Uihorn; east by Hiawatha Path; west by J. Derosa and another. 7:55 P.M. (E.D.S.T.) upon application of Richard De Maria, Swan Lane, Hauppauge, New York for a variance in accordance Zoning Ordinance, Article III, Section 100-30 and Bulk for permission to divide lot with insufficient frontage Location of property: Hiawatha Path, Southold; bounded south by C. Boergesson; 8:05 P.M. ~/c William J. variance in (E.D.S.T.) upon application of Elbert E. Austin Eckartz, 315 Sound Avenue, Peconic, New York for accordance with the Zoning Ordinance, Article III, ection 100-30 and Bulk Schedule for pe-~mission to construct ~ttached garage with insufficient sideyards. Location of )roperty: S/S Sound Avenue, Peconic, New York; bounded north by ~ound Avenue, Lot No. 17, 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 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 Sub- division, Greenport, New York. 8:30 P.M. (E.D.S.T.) upon application of Nicholas ~ Patricia Drossos, Main Road (Arshamomaque), Greenport, New York for a variance in accordance with the Zoning Ordinance, Article Vi, ~ection 100-60 C (3) (A) (B) (C)for permission to erect sidewall sign. Location of property: 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.I.~. {E.D.S.T.) upon application of Wickham &--Lark a/c Clinton Muttitt, North Country Road, Westhampton, New York for a variance an accordance with the Zoning Ordinance, Article III, Section 100-30 ~ Bulk Schadule and Section 280A Town Law for permisslon to divide property and for approval of access with insufficient frontage and area. Location of properly. E/S Grand Avenue, Mattituck; bounded north by Rohrbach ~ Heuser; east by Mo & P. Suter; south by Long Creek; west by Grand Ave., Anrig, Hopek, Hanson. 8:55 P.M. (E.D.S.T.) upon application of George F. Sckmitt a-nd Wife , 55 Marlborough Road, West H~mpstead, New York for oermission to construct accessory (storage) building in front ~ard 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 $OUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. IiCopies mailed to the following on June 27, iThe Suffolk Weekly Times Long Island Traveler-Mattituck Watchman iSupervisor Albert M. Martocchia IGordon Ahlers a/c Brasby' $ of Mattituck Manor t Richard De Maria Elbert Austin a/c William J. Eckartz James & Eileen Dugan Nicholas Drossos & Wf Wickham & Lark a/c Clinton Muttitt George Schmitt & Wf 1974: 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 Sout~,~ld, Suffolk County, New York, public hearings will be hold 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.), upon application of Gordon Alders, P.E., Manor Lane, Jamesport, New York a-c Brasby's of Mat- tituck Manor, Main Road & New Suffolk Avenue, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 34 & 35A for permission to con- struct decorative stone wall (fence) part of which will be over 4 feet in height in front yard area. Location of property: Main Road & New Suffolk Avenue, Mat- tituck; 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 ,pplication of Richard DeMaria, i.Swan Lane, Hauppauge, New fork for a variance in ac- cordance with the Zoning Or- dinance,.Article III, Suction 16O- ~0 and Bulk Schedule for per- nission to divide lot with in- ;ufficient frontage and area. ~OCation of property: Hiawatha ?ath, Southold; bounded north b~ ~V. Ulhorn; east by Hiawathz ?ath; south by C. Boergesson; vest by J. Derosa and another.~ S:05 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; boanded north by Sound Avenue, Lot No. 17, Peconic S~ores, Pecanic, 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 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 & Patricia Drosses, Main Road (Arshamomaque), Greenport, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Section 16O- 6O C (3) (A) (B) (C) for per- mission to erect gldewall 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 5:40 P.M. (E.D.S.T.) upon application of Wick, ham & Lark a- c Clinton Muttitt, North Country Road, Westhampton, New York for a variance in accordance wi~n the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 280A Town Law for permission to divide ~proparty and for approval of access with insufficient frontage and area. Location of property: E-S Grand Avenue, Mattituck; bounded north by Rohrbach & Henser; east by M. & P. Surer; south by Long Creak; west by Grand Ave., Anrig, Hopek, Hanson. 8:55 P.M. (E.D.S.T.) upon application of George F. Schmitt on TO CATC Dat The Fiat 1 miss the boat. It has a hi lets you take o~/ It has 4-wh COUNTY OF SUFFOLI~, I STATE OF NEW YORK, ~ ss: S~uar-~c C. Dot,nan being duly Sworn, s~s that ...~.. is Printer ~d Publi~ of ~ SUFFOLK WEEKLY TIMES, a news~r pub~ ~ G~n~r~ ~ ~d county: and ~at the noti~, of which ~e ~ne~ ~ u pr~t~ ~py, ~s ~en published in the ~ Suf~ W~ T~es once in each w~ ~ .......... ~. ~.~ ........ w~ suc~ssiv~ly ~mmencing on ~e ........... ~.~ ........... d~ of .... ~~~ S~ to ~f~e me this ...~ .... ] d.y of .... LEGAL NOTIC~ NOTICE OF HEARINGs · Pursuant to Section 267 of the Town Law and the proyisions of the Amended Building Zone ~Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held, at the Town Office, Main Road, Southold, New York by the Zoning Board of Appe:~is of 'the Town of Southold, New York, on July 1 I, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, 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 Suffolk Avenue, Matti-' tuck; 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 Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient front- age and area. Location of property: Hiawatha Path, South- old; bounded north by W. UIhorn; east by Hiawatha Path; south by C. Boergesson; west by J. Derosa and another. ~ 8:0S P.M. (E.D.S.T.) upon application of Elbert E. Austin a/c William J. Eckartz, 31S Sound Avenue, Peconic, New York for a variance in accordance With the Zoning Ordinance, Article lll, 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. 8:1S 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 111, 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 11, Cleaves Pnint Subdivision, Greenport, COUNTY OF SUFFOLK ~ ss: STATE OF NEW YORK 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 Zroveler-Mattituck Watch- man once each week for '; c ~ ' weeks' successively/xcommencing on the ..... ; ....... ~ ....................... day of ......... .L ... :£ ~ ..Z~-~ :..-/. ~ ...... 19d-.-,./..- ............................. ......... Sworn to be{ore me this ....... ¢..~.~ ........... do¥ of ...... ......... /'.) /, /~ i",;~: ............ ~..,~...~,,4_~..~b.~ ........ ~...,,..¢..,.~. .................... ,Corn'mission Expires ga~ch 30, 193 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N, Y. NOTICE OF DISAPPROVAL File No .................................................................. Dc~te .......................... , 19. .. ...... ~~.....~ ........................ ..... ~.~~ ........ ~. ........... ~ ~ ~ P~EAS[ TAK~ ~OTICE thor your ~pplic,tion d~ted ............. ~.../..~.7 ............................ , ,9 ........ ~or perm t to ~ ..... ~.~.~.~[~ ........ at t~e premises locoted ~t ..... ~.~~s~ ~ ....... ~~~ .................................... ~,~ ~~ ~ . ...... ~~...&~_~.~~~~:~.~....~.~.~,:~.~..~7~: ........... ............ ~&~~_...z..~.~ ....... ~.~~.~ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. _/~J ~ DATE ......J. ~ .~..e....5. ~....1..g..7., .4 TO THE ~OKiNG BOARD'O?A~PPErAI-~,'TO?V? OF SOU(HbLD, N. Name of ,~,ppellan~ Street_and Number Hauppauge, New York ................................................................................................................................. APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUlI/DIN~ INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (Z~ Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY l°ermi¢ ¢o Divide ProperTy inlo two simgle lots. 1 LOCATION OF THE PROPERTY ........ .W. es.i.side..I~iaw, ai]aa.~al]~ .......................... - Street ~ Us~ District on Zoning Map ...................................................................... ;'""~ c Map N~. - Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE'APPEALED (indicate t~Je Article Section, Sub- ~ection and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art. III Sec, 100-30 & ]Bulk Schedule 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 (Lgc~ (has nbt] been made with respect to this decision 6f the Building Inspector or with respect to this property. Such appeal was ~ ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated .................................................................... (i) (i) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance requested for the reason that (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficufltJes or unneces- se ry H~,RDSH I P because when I purchased this property it was my understanding that I had two lotso Each lot had a frontage of ll$ ft. and ~a depth of 110 ft~ and it wou~d b-ecome a'hardship for me to sell these two lots as one parcel. 2. The hardship created is UNIQUE and is not shared by all 3ro~erties alike in vicinity 3f this property and in thi~ use district becc~se ~he immediate because the surrounding properties do not comply with the new regulations and many of the lots in Laughing Water, with houses built thereon~are the same size or smaller. Also many of the lots in Laughing Water are smaller than 10~ 000 sq. ft. in area. 3. The Variance wouid observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the variance would not change the characier of the neighborhood and would observe the spirit of the ordinance STATE OF NEW YORK ) COUNTY 0 ) Sworn t~ this ............................