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Home My WebLink About1881 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1881 Dated February 13, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To John Divello Hill street & Wickham Ave. Mattituck, New York DATEEeh....2B., 1974 1974 Appellant at a meeting of the Zoning Board of Appeals on February 28, 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 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 9:00 P.M. (E.S.D.T.), upon application of John Divello, Hill Street & Wickham Avenue, Mattituck, New York, for a variance in accordance with 'the Zoning Ordinance, Article III, Section (305) , 100-35 for permission to construct 7' foot chain link fence in front yard area. Location of property: E/S Wiekham Avenue and N/S Hill Street, Ma~tituck, New'York bounded north by Long Island Railroad; east by C. A, Price Co.; south by Hill Street; west by Wickham Avenue. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (xvou/d not) produce practical hardship because SEE REVERSE difficulties or unnecessary (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 (e) 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 varinnce ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be cordirmed ( ) be reversed, SEE REVERSE ~PPRO~ / ZONING BO~kRD OF APPEALS ~ "~~.~,~/~arjoA~ McDermott, Secretary Chairman ~ol Ap~e~s ~ After investigation and inspection the Board finds that applicant requests permission to construct 7 foot chain link fence in front yard area on property located on the east side of Wickham Avenue and the north side of Hill Street, Mattituck, New York. The Board agrees with the reasoning of the applicant in that a 4 foot high fence would not be high enough to keep out vandals. 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, John Divello, Hill Street & Wickham Avenue, Mattituck, New York, be GRANTED permission to construct 7 foot chain link fence in front yard area on property located on the east side of Wickham Avenue and the north side of Hkll Street, Mattituck, as'applied for, subject to the following condition: ~ That all loading and unloading of materials used in applicant's operation shall be done within'the area defined by the fence. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. 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, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Seuthold, at the Town Office, Main Road, Southold, New York, on February 28, 1974 on the following appeals: 8:30 P.M. (E.D.S.T.), upon application of Robert R. Anulson, 6010 Soundview Avenue $outhold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in front yard area. Location of property: ,SS Soundview Avenue, Seuthold, New York; bounded on the north by Soundview Avenue; east by J. Buckiey; south by G. Lahmann; west by C. Booth. 8:45 P.M. (E.D.$.T.), upon application of Agneto H. Ewer, Smith's Road, Peconic, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article IH, Section 100- 30 and 100-31 and Bulk Schedule for permission to install kitchen equipment in accessory building resulting in two dwellings on one lot. Location of property: W-S Smith's Road, Pecenic, New York, Plot F, Indian Neck Park. 9:00 P.M. (E.D.S.T.), upon application of John Divello, Hill and Wickham Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec. (305), 100-35 for permission to construct 7 foot chain link fence in front yard area. Location of property: E-S Wickham Avenue and N-S Hill Street, Mattituck, New York, bounded north by Long Island Railroad; east by C.A. Price Co.; south by Hill Street; west by Wickham Avenue. mmmmna permission to divide lot with insufficient width and area. Location of property: E-S West Mill Road, Mattituck, New York, bounded on the north by J. Carlton; east by J. Carlton; south by H. Smith; west by West Mill Road ..... beillg duly Sworn. Any person desiring to be heard on the above Appeals should~lisher of ~he SUFFOLK appear at the time and place above specified. ~ ~t Greenport. in said Dated: February 14, 1974 BYORDEROF THEbhe emnexed is ~ printed BOARD OF APPEALS Suffolk Weekly Times 9:15 P.M. (E.D.S.T.), upon one (1) aPplication of stanley Fliss undach week, tot ........................... weeks Wife, Bray Avenue and Albe. Drive, Mattituck, New York, forely ~ommeu¢ing on i/he .......................... a variance in accordance with the .F..a.~ Zoning Ordinance, Article III, Sec. 100-30 and 100-31 and Bulk Schedule for permission to divide ....................... lot with insufficient width and before me this...........21st area. Location of property: Bray .b..~1~. Avenue and Albe Dr/ve, Laurel, .F./? .a.c~. ..... New York, bounded north by W. ~ .~/~';,'4 .z.~ ./. ~ ' by Bray Avenue; west by J.j ~.....,~4~.L;-~i. A~,~'~5~r.r~ ................. Zimneski. 9:30 P.M. (E.D.S.T.), upon/ ~'///~h) /i 'f ,~q°"~ ~, '.~.-~ '~.,r~,~!D,. application of Harold L. Wolbert, 6 Highland Avenue, Jersey City, ~¥ c cordunce with the Zoning Or- ~,~,~, 19 dinance, Article III, Sec. 100-30, 100-31 and Bulk Schedule for NOTICE OF HEARIN~ Pursuant to Section 267 of the Town La;v and the provisions of ihe 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 Southoid, at the Town Office, Main Road. Southold, New York, on Febru- ary 28. 1974 on the following appeals: 8:30 P. M. (EDSTi, upen ap- plication of Robert R. Annison, 6010 Sound View Avenue, South- old, New York, for a varianc~ in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct garage in front yard area. Location of property: S/S Sound View Avenue, Southold, Nexv York, bounded on the north by Sound View Avenue: east by J. Buckley; south by G. Lehmann; west by C. Booth. 8:45 P. M. (EDSTI, upon ap- plication of Agneta II. Ewer. Smith's Road, Peconic, New York, for a variance in accord- ance with the Zolling Ordinance. Article III, ~ection 100-30 a~d 100~31 and Bulk Schedule for permission to install kitchm) equipment in vccesso~w build!ng resulting in two dwellin~s on one lot. Location of property: Smith's Road, Peconic, New York Plot F, Indian Neck Park. 9:00 P. M. IEDSTL upon ap~ plication of John Divello. Hill Wickham Avenue, Mattituck New York, roi' a variance in ac~ cordance with the Zoning Ordi- nance. Article III, Sec. (305), 100-35 for permission to con- struct ? foot chain link fence in front yard ~rea. Location of property: E/S Wickham Avenue and N/S Hill Street, Mattituck. New York, boonded north by Long Island l~ailrosd; esst by C. A. Price CO.; south by HillI Street; west by Wickham AVe- 9:15 P. M. ¢~DST),~UD~U ao- plication of Stanley Pliss & Wife, Bray Avenue & Albo Drive, Mat° tituck, New York, for a variance in accordance with the Zoning Ordinance. Article III, Sec. 100-30 and 100-31 and Bulk Schedule for permission to divide Iai with insufficient width and area. cation of pro~rty: Bray Avenue and Albo Drive, Laurel, New York. bounded north by ~,V. Brock; es~t by Albo Drive south by Bray Avenue; wes~ by J. Zimn(~ki. 9:30 P. M. (EDST), upon plication of IIarold L. Wolbort, 6 Highland Avenue, Jerse~ City, N. J., for a variance in accord- ance with the Zoning Ordinance, COUNTY OF SUFFOLK STATE OF NEVi YORK s~: 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~-.J.. weeks successively, commencing on the ............. ~:~./,~/~.'. ........... dayof ..... .......... ................. ....... Sworn to before me this ...... ~'"Z-. day of ............ : ,,Z:, ....... 19..~2~.~.. No~ Publ~ / ' Article III, Sec. 100-30, 100-31 and Bulk Schedule for Permis- sion to divide lot with insuffi- cient width and area. Location of property: E/S West Mil1 Road, Mattituck, New York, bounded on the north by J. Carlton; east by J. Carlton; south by II. Smith: west by West Mil1 Road. Any person desiring to be heard on the above ~.ppea]s should appear at the time and place above specified. Dated: February 14, 1974 BY ORDER OF TH~ SOUTHOLD TOWN BOARD OF APPEALS TOWN OF SGUTHOLD BUILDING DEPARTMENT TO~VN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF D~SAF~'ROV^~. File No .................................................................. Date ~'~'~ ( ~ , 19 ~ C/ ..... ~~...d.../~ ....................... .......... ~.~~ ........ ~.~... ........... ~..~.~ ~ ~ ~ ............. ~ ~ ~.~ ,o~ ~ ............................................ ~~~ ,~ ...... ~ ................... ~o~ ...... ~ ............................. ~o~ ...... .~. ................................... ~ .~.....~..-~...~ .................... ~ ............ ~..~..: ........................................... ...........~ '~ ~'""~ ~'~..~....~.~.~. ~..~..z...~...~ ................................................. FO~M NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , ]9 ....... Approved ........................................ , 1~) ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .................. ~-~ ....... }b~ ........ 19.~.. ...... INSTRUCTIONS a. Thi~ application must be completeiy filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets Of plans, accurate plot plan to scale. Fee according to schedule. b. P~o, plan showihg location af bt and of buildings on p. emises, re[ationsh[p to adjoining premises or public streets oF areas, and ~ v ng a detailed descr ption of layout ofproperty 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 a Building Permit to the applicant. Such permit shall be k~pt on the premises available for inspection throughout the work. e. No bui ding she be occupied or used in who e or in part for any purpose whatever unti o Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zbne Ordinance of the Town of Southold, Suffolk County, New ~'ork, and other applicable Lows, Ordinances o. RegulationS, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applic6nt agrees to comply with all applicable laws, ordinances, building code, housing code, and regular OhS, and to admit autkJorized inspectors on premises and in, buildings for necessary inspections. (Sigrbture of applicant, or name, if a corporation) ~''~'~ *~(,~]c~ress of applicant) State whether applicant is owner~ lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ...... E'~"~;~*~'~'~,~r ................................................................................................................ f applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..................................................... Plumber's License No ................................................ ElectriCian's License No ............................................ Other Trade's License No ............................................... ] kocmion of land on which proposed work will be done. Map No.: ........... ~ ........................ Lot No...~ ................. Stre~¢ and Number ~ ~i"" ~¢ ~ ~' ~*~ ~ .~T¢~' Municipali~ .............. ~..~ ........ , .............. .~ . , . ........................................ 2. State existing use and occupancy of premises and in~ended use and occupancy of proposed construction: a ~isJting use and occupancy ...~ - -~ ....... ~.~,~ ................................................................................ b. Intended use and occupancy ...... ~ ~t~' "~~' ~' ~m'''' ~ ........................................................... ~ ~ 3. Nature of work (check which appJic ;): New Bui!ding .................. Addition .............. Alteration ................. Repair .................. Removal Demolition .................... Other Work ',cra ! ~,~..-v'"'-',~.~ .................. ..---- .................. _ 4. ~tJmated C~t ~r, ~ ~-.~-, ,~, Fe~ ................ ~:~u~..~ ...... ~.,., ~.. ,~ ................ ~,~. ....................................................................... ~to-be paid on f~]ng this appHc~t[on) 5: If dwelling, number of dwelling units .............. ~ ........... Number of dwelling units o~ e~ch floor ..... if garage, number 6. Jf busMess, commercial or m~xed occupancy, specify nature and extent of each ~e of use 7. D~mensions of ex~sti~g structures, if a~y: Front ............................ Rear ................................Depth .................... Height ........................ Number of Stor~ D~mensJons of same structure w~th aJteradons ar additions: Fro~t .................................... Rear ............................ Depth ................................Height ............................ Number of Stories ................................ 8. Dimensions of entire ~ew construction: Front .................................... Rear ............................ Depth ........................ Height .................... Number of Stories ...................................................................................................................... 9. Size of Jot: Front .... ~.~... ...... ,~.~: ~'.. ~,].~Rear -~.¢ ~_~,-~,. =:i~.z~~ Depth ..... ~-~(,~..~z,, ~ ~ ............. !0. Date of Purchase ........................................................ Name of Former ~ner ........................................................ ] ]. Zone or use district in which prembes are situated ...... ~'4~.--~,*~,~-~ ............ ~ ................................................ 12. Does proposed construction v[obte any zodng law, ordinance or reguJation: ........ :~ ......................................... 13. Will Jot be regraded ..,.~ ................ WdJ exce~ fHJ be remov~ from premises: Yes ( ) No ] 4. Name of Owner of premises ..-.~...DA-~e~G .................. Add,ss ....... :~¢.J~A~. Pho~ No ....................... Name of Architect Addre~ Phone No ...... Nome of Contractor ........ ~ .......................................... Address ............................... : Ph~e No ....................... PLOT DJAG~M Locate clearly and dJstincdy all buildings, whether existing or proposed, and indicate ail Set~ck dimensions from proper~ JMes. G]ve street and bbck number or description according to de~, and show street n~m~ a~d indicate whether interior or corner ~ot. STATE OF NEW ~.~, ,~, ~ ¢ ~ COUNTY OF ...... i~.~-~ P~q .......... f ....................... ~.~..~4~.~z~ ............................................ be,rig du~y swam, d~oses and says tha¢ he ~s the app,[cam (Name of indMdual signing contracf) ................................... ................................................................................................................................. (Contractor, agent, corporate officer, etc.) of sam owner or owners, and ~s duly authorized to perform Or have performed ~he sam work and to make and fda ¢h[s application; that ail statements conta.ined M th~s apphcadon are true to the best of his knowJedge and belief; and that the wor~ wii~ be performed J~ the m~nner set fo~h in the appJ~cadon fi[ed therewith. Sworn to before me this .................... ~.. d~y of "'7 ...... : ...................................... Nota~ Public, ~C~,.::~zL~T~...,. ................ ~..~ ..... ~'Coun~ ~UDTH T. 80KEN (Signature of opp~[cant) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / ~ ~' / DATE ....~.~.~......1 ~.....2. ~) VI+ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.~ 1, (We)....~g~....g.~.~.~.~.q ................................. of ....:.....];[~,l..~..W;Lc,~[]D.a~..~.~ ...................... Nome of Appellant' Street and Number ..................... .~..~.t....'~...~.~..C...~...; .................................................... .~......~.... .............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ' DATED ...~.e..b.. ....... .1..]. ....... 1..9..~...~' .............. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality ' State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Permit fo~ chain link fence aprox 7foot to to~ 1. LOCATION OF THE PROPERTY ..~..~g~.h..a....~.....A..~.e.....~....~.~.~,~....~.~.. ........................... ."..C..."...~.9.~.... Street Use District on Zoning Map xx xx Mattituek 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.) Art ~II sec ~O~ (1~OO -_~_~) 3. TYPE OF APPEAL Appeal is mode 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 p.revious appeal ~(has not) 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 ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~r) A Variance to the Zoning Ordinance ( ) is requested for the reason that" ~:TLs 'IS 'tT~dustr'i&'l [oro]:)ertyj 8. four foot feT~ce is not high enough to give the required protection. Form ZB1 (Continue on other side) R ON C C Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticoldlfficultl~ orunn~es- so~ HARDSHIP b~aum: We propose to level the lot to level of Hill Street access to property, and install retaining walls to hold up the area outside of the improved area. We are going to.collect and warehouse "re~ycalible "materials s~%d store same until enough is collected to ship to processor. This will require fencing. A four foot fence in not high enough along the front o~ property toaffort the protection needed for this industrial use. We are requesting a 6 foot fence with a wire toping extention to a heigth of about seven feet over all. 2. The hardshipcreatedis UNIQUEandisnotshared by all pmpedies alike in the imm~ia~ vicinity ofthJs pr~ertyandinthis un di~rictbecause: This property is long and narrowt with an existing industrial building on a railroad siding~ the property slopes up from Hill Street to the railroad, is an odd shape, and unique to the area. 3. The Variance would ob~we the ~irit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT b~au~: This property has been used for industrial purposed for many years~ having seen many different operations conducted on the property. Ours is a permitted user the fencing is needed for our pro~ection as well as for the neighborhood. Our request will in no way harm or change the charicter of the area. STATE Of NEW YORK COUNTY OF Suffolk ) ss ..... ) ~ Signature ............ Sworn to this ................... ................... day of ............ Febur,,a. .y. .......... 19 JUDITH T. BOKEN X~otary Public, Stale of New York No, 62-0344968 Suffolk Count,~,f~' Commission Expire~ M~rch 30, ]9~ T ./ 7/' REVISIONS YOUNG & 400 OST ~ANDER.AVENUE ALDEN W, YOUNG SURVEY FOR: JO~ ~I V~O ~ :, YOUNG ~T '. ' M,~ TTtTUCK SOU THO£ D SUFFOLK CO, N,Y,