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HomeMy WebLinkAbout1903 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1903 Dated April 26, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Peter Dohrman a/c Harold Wohl Smith Road Peconic, New York 1974 Appellant at a meeting of the Zoning Board of Appeals on May 23, 19 74 was considered and the action indicated below was taken on your ( ) Request for variance due th 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. SPECI~L EXCEPTION. By resolution of the Board ~ was determined that a speci~ exception ( ) be ~anted ( ) ~ de~ed pursua~ to ~t~le .................... ~ction .................... Subsect~n .................... paragraph .................... of the ~ning ~dinance a~ ~e d~ision of the Bu~ding I~pector ( ) be reversed ( ) be co~irmed because 8:00 P.M. (E.D.S.T.), upon application of Peter Dohrman a/c Harold Wohl, Smith Road, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31, 100-32 and Bulk Schedule for permission to construct deck with insufficient side and rear yard. Location of property: east side Oak Street, Cutchogue, Lot #'s 24 and 1/2 of 25, Eugene Heights. Fee paid $15.00. 2. VARI~NCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (b) The hardship created (is) (is not) umque 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 deeisious of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ~~ '~arjori~ McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to construct deck with insufficient side and rear yard on the east side of Oak Street, Cutchogue, Lot #'s 24 and 1/2 of 25, Eugene Heights. The Board finds that the applicant has a hardship because of gap between deck and cement retaining walls which creates an unsafe situation. The Board agrees with the reasoning of the applicant subject to conditions. 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, Peter Dohrman a/c Harold Wohl, Smith Road, Peconic, New York, be GRANTED permission to construct deck with insufficient side and rear yard on the east side of Oak Street, Lot #'s 24 and 1/2 of 25, Eugene Heights, Cutchogue, as applied for, subject to the following conditions: That no portion of the deck shall project north of the present retaining wall. e That the deck shall not project beyond the adjoining line established by the Jensen's block wall construction to the northeast. e That the deck shall be no closer than 5 feet to the property line to the south. Vote of the Board: Grigonis, Hulse. 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 Southotd, suffolk County, New York, public hearings will be held by the Zoning ~ard of Appeals of the ToWn of Southold, at the Town office, Main.Road,~ Southold, New York, on May 23, 1974 on the following appeals= 7:40 P.M. (E.D.S.T.) upon application of Leonard Trapido, 117-01 Park Lane South, Kew Gardens, N. ~. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition to dwelling with insufficient sideyard. Location of property: S/S Carrington Road, Lot 395, Nassau Point, Cutchogue. 7:50 P.M. (E.D.S.T.) upon application of Paul and Jacqueline Kelly, 101 Wallace Street, Freeport, New York,.for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. .Location of property: N/S Private Road, W/S Camp Mineola Road, Mattituck, bounded north by Folly Beach Ltd. and Allen; east by B. Snyder; south by Private Road; west by B. Hart. 8:00 P.M. (E.DoS.T.), upon application of Peter.Dohrman a/c Harold Wohl, Smith Road, Peconic, New York, for a 'variance in accordance-with the Zoning Ordinance, Article III, Section 100-30, 100-31, 100-32 and Bulk Schedule for permission to construct deck with insufficient side and rear yard. Location of property: East side Oak Street, Cutchogue, Lot #'s 24 and 1/2 of 25, Eugene Heights~--M~J~-t~aek~. 8:15 P.M. (E.D.S.T.), upon application of-Norbert Rademacher, 1 Douglas Terrace, Woodcliff Lake, N. J., for a variance in accordance with the Zoning Ordinance, Article III, Section t00-30, 100-31, "A" & "B" Bulk Schedule, for permission to rent- dwelling and reserve apartment for own use in "A" District. Legal Notice' Page 2 Location of property: North Side Oak Avenue, Lot %'s 301, 302, 303, Goose Bay Estates, Southold. 8:25 P.M. (E.D.S.T.), upon application of Hener B. Agnew, 200 Arnold Avenue, W. Babylon, N. Y.., for a variance in accordance with the Zoning Ordinance, ~rticle III, Section 100-30 C (3) and Section 100-32 for permission to construct private garage in front yard area. Location of property: S/S Sandy Beach Road, Greenport, bounded north by Sandy Beach Road; east by A. Kevowntgis; south by Sterling Creek; west by B. Haley. 8:40 P.M. (E.D.S.T.), upon application of John & Katherine Frosina, Oaklawn Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide and set off lot with insufficient frontage and area. Location of property: S/S Jockey Creek Drive, Southold, bounded north by Jockey Creek Drive east by other ta~ of applicant; south by Jockey Creek; west by John O'Keefe. B~50 P.M. (E.D.S.T.), upon application of Bage Construction To., Inc. a/c Marshall Hansen, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to reduce sideyard with insufficient sideyard area. Location of property: Ships Drive, Lot 13, Map of Bayview Woods (#5520), Southold, New York. 9:00 P.M. (E.D.S.T.), upon application of Mary and John Capelluto, 90 Genesee Drive~ Commack, N. Y., for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property into two lots one of which will have less than required width. Location of Legal Notice Page 3 property: North~ea Drive to Sound ViewAvenue, Southold, bounded north bY'North Sea Drive; east by Ku!lman & Jennings; south by Sound View.Avenue, west by A. Stollmeyer. 9:10 P.M. ~(E.D.S.T.). upon-application of Robert R. Annison, 6010 Sound View Avenue- Southold, New Xork for a variance in accordance withthe Zoning Ordinance, Article VIII, Section 100-80 and Bulk Schedule for permission to construct building with insufficient sideyards and parking requirements. Location of property: Lot #156, Amended Map ~A", Peconic Bay Estates, E/S Main Road irt. 25), Arshamomaque, Greenport. 9:20 P.M. (E.D.S&T.), upon application of Frank Cichanowicz Iii, Cutchogue, NewYork, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B-8 for permission to house agricultural help. Location of property: Indian Neck Lane, Peconic, bounded north by Mahnken & Pontino; eas' by Indian Neck Lane; south by Geiger; west by Koraleski. 9:30 P.M. (E.D.S.T.), upon application of Tony Stefanini, Equestrian Avenue, Fishers Island, New'York, for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, for permission to divide lot with existing dwellings with insufficient width and area. Location of property: S/S Equestrian Avenue, Fishers Island, bounded north by Equestrian Avenue; east by R. Foyle; south by Midlothian Avenue; west by Midlothian Avenue. 9:40 P.M. (E.D.S.T.), upon application of Leon Schor a/c Boathouse Restaurant, Manhanset Avenue, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6(f) for permission to erect Legal Notice page 4 off-premis~ Greenport, New York. on propert~ ofWilliam Pollert, Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: Ma~ 10, 1974 BY ORDER OF~THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ~NCE, MaF 16, 1974, AND FORWARD THIRTEEN (13) AFFIDAVITS OF PUBLICATION TO THE SOUTBOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW¥OP~. Copies sent to the following on May 10, 1974: The Suffolk Weekly Times The Long Island Traveler-Mattituck Watchman Supervisor Albert M. 5~rtocchia Leonard Trapido Paul & Jacqueline Kelly Peter Dohrman a/c Harold Wohl Norbert Rademacher Hener B. Agnew John & Katherine Frosina Bage Construction Co., Inc. a/c Marshall Hansen Mary & John Capetluto Robert R. Annison Frank Cichanowicz-~~ Tony Stefanini Leon Schor a/c Boathouse Restaurant 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 Southold, at the Town Office, Main Road, South- old, New York, on May 23, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Leonard Trapido, 117-01 Park Lane South, Kew Garden, N.Y. for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to construct, addition to dwelling with insufficient sideyard. Location of property: S/S Carrington Road, Lot 395, Nassau Point, Cutchogue. 7:50 P.M. (E.D.S.T.) upon application of Paul and Jacque- line Kelly, 101 Wallace Street, Freeport, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: N/S Private Road, W/S Camp Mineola Road, Mattituck, bounded north by Folly Beach Ltd. and Allen; east by B. Snyder; south by Private Road; west by B. Hart. ~ 8:00 P.M. (E.I).S.T.), upon application of Peter Dohrman a/c Harold Wahl, Smith Road, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30, 100-31, 100-32 and Bulk Schedule for permission to construct deck with insufficient side and rear yard. Location of iproperty: East side Oak Street, Cutchogue, Lot #'s 24 and 1/2 of 25, Eugene Heights, Mattituck. 8:15 P.M. (E.D.S.T.), upon application of Norbert Rude- reacher, 1 Douglas Terrace. accordance with the Zoning Ordinance, ' ~ticle VIll, Section 100-80 ant alk Schedule for permission to construct building with insufficient sideyards and parking requirements. Location ' of property: Lot #156, Amended Map "A", Peconic Bay Estates, E/S Main Road (Rt. 25), Arshamomaque, Greenport. 9:20 P.M. (E.D.S.T.), upon application of Frank Cichanowicz, 111, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article 111, Section 100-30 B-8 for permissiofl to house agricultural help.' Location of property: Indian Neck Lane, Peconic, bounded north by Mahnken & Pontino; east by Indian Neck Lane; south by Geiger; west by Koraleski. 9:30 P.M. (E.D.S.T.), upon application of Tony Stefanini, Equestrian Avenue. Fishers Is- land; New York, for a variance to the Zoning Ordinance, Article IlL Section 100-30 and Bulk Sched- ule, for permission to divide lot with existing dwellings with insufficient width and area. Location of property: SAS Eques- trian Avenue, Fishers Island, hounded north by Equestrian Avenue; east by R. Foyle; south by Midlothian Avenue; west by Midlothian Avenue. 9:40 p.15,'I. (E.D.S.T.), upon application of Leon- Schor a/c BoathouseRestaurant, Manhanset Avenue, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6 (f) for permission to erect off-premises directional sign. Location of property: S/S Route 25 and W/S Manhanset Avenue on property of'Wfllia~ Pollert, Greenport, New York. Any person desiring to be heard on the above Appeals should appear at the time and i~lace above specified. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Dated: May 10, 1974 1T, 5/16 COUNTY OF SUFFOLK STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA-I-FITUCK 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 Troveler-Mattituck Watch- man once each week for ...~::~;..,~;.~,._,...~,..,,.~,,~zzz,.F; wee~ successively, commencing on the .............. ~..~2 .................. Sworn to before me this ....... ~....~.. ........day of ............ ,- - ....... ....... ~oto,~ Public NOTICE OF HEARINGS Pursuant to Section 267 of The Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southuld, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southuld, at the Town Office, Main Road, Southold, New York, on May 23, '1974 on the fullowing apw~l": 7:40 (E.D.S.T.), upon ap- plieation of Leonard Trapido, 117- 0! Park Lane South, Kew Gar- dens, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 10030 and Bulk Schedule for permission to construct addition to dwelling with insufficient sldeyard. Location of property: S-S Carrington Road, Lot 395, Nassau Point, Cutchogue. 7:50 P.M. (E.D.S.T.) upon application of Paul and Jacquel/ne Kelly, 101 Wallace Street, Freeport, New York, for a variance in accordance with the Zoning Ordinance,. Article HI, Section 100-30 and Bulk Schedule for Permission to divide property with insufficient width and area. Location of property: N-S Private Road, W~S Camp Mineela Road, Mattithck, bounded north by Folly Beach Ltd. and Allen; east by B. Snyder; south by Private Road; west by B. Ha~ 0:00 P.M. (E.D.S.T.), upon application of Peter Dohrman a-c Harold Wohl, Smith Road, Pecunic, New York, for a ~ariunce in accordance with the ~ning Ordinance, Article IH, ieetion 100-30, 100-31, 100-32 and Bulk Schedule for permission to construct deck with insufficient ide and rear yard. Location of ,roporty: East side Oak Street, - .'ulchugue, Lot Nos. 24 and ~ of Eugene Heights, Mattituck. 8:15 P.M. (E.D.S.T.), upon application of Norbert Rademacher, 1 Douglas Terrace, Woodcliff Lake, N.J., for a variance in accordance with the Zoning Ordinance, Article IH, Section 100-30, 100-31 "A" and "B" Bulk Schedule, far per- mission to rent dwelling aad reserve apartment for own uso in "A" District. ~.ocatm~ox property: North Side Oak Avenue, Lot Nos. 301, 302, 303, Goose Bay Estates, Southold. 8:25 P.M, (E.D.S.T.), upon application of Heuer B. Agnew, 200 Arnold Avenue, W. Babylon, N.Y., for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 C (3) and Section 100-32 for permission to constxuct private garage in front yard area. Location of property: S-S Sandy Beach Road, Greenport, bounded north by Sandy Beach Road; east by A. Kevowntgis; south by Sterling Creek; west by B. Haley. 8:40 P.M. (E.D.S.T.), Upon application of John and Katherine Frosina, Oaklawn Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule for permission to divide and set off lot with insufficient frontage and area. Location of property: S-S Jockey Creek Drive, Southold, bounded north by Jockey Creek Drive; east by other land of applicant; south by Jockey Creek; west by John O'Keofe. 0:50 P.M. (E.D.S.T.), upon application of Buge Construction Co., Inc. a-c Marshall Hansen, Southold, New York, for a variance in accordance with the Zonin~ Ordinanea, Article Ill, Section 100-~0 and Bulk Schedule for permission to reduce sideyard Location of property: Ships Drive, Lot 13, Map of Bayview woods (No. 5520), Southold, New York. 9:00 P.M. (E.D.S.T.), upon application of Ma~y and John Capeliuto, ~0 Geuesee Drive, Commack, N.Y., for a variance Ordinance, Article HI, Section 100-30 and Bulk Schedule for permission to divide property into two lots, one of which will have less than required width. Location of property: North Sea Drive to Sound View Avenue, Southuld, bounded north by North Sea Drive; east by Kullman and Jenulngs; south by Sound View Avenue, west by A. Stollmeyer. 9:10 P.M. (E.D.S.T.) upon appl, "~tion of Robert R. Annison, 601. found View Avenue, Soutuold, New York, for a variance in accordance with the Zoning Ordinance, Article VIII, Section 100-80 and Bulk Schedule for permission to construct OF SUFFOLK, ] building with insufficient iF I~EW YORK, } ss: sideyards and parking J requirements. Location of t~aJ2t C. J)©~iil~i~l property: LOt No. 156, Amended .............................. being duly Sworn, Map "A", Peconic Bay Estates, E-S Main Road (Rt. 25), Ar- ' ...... iS Printer and Publisher o! the SUFFOLK shamomaque, Greenport. ' TIMES, a newspaper published at Greenport, in said 9:20 P.M. (E.D.S.T.), upon application of Frank Cichanowicz lid III, Cutchugue, New York, for a that the notice, of which the annexed is a printed special exception in acenrdancei been published in the said Suffolk Weekly Times with the Zoning Ordinance, Article III, Soetion 100-30 B-~ for OCh week, fOr .0~? ( ~L ) permission to house agrieulturul ......... Weel~ help. Location of property: ln-~ly commencing on ~he Z6th dian Neck Lane, Peconic, ' ......................... bounded north by Mahchen and . ~'ia,~ ~'-.,~ 74 Pontino; east by Indian Neck ' .i~2!~;~)'~'~'-~;':i .... Lane; south by Geiger; west by 7'-?: ~ ~--~j.....~~...: Koruleski. 9:30 PM (EDS.T) un~n before me this 16th application of Tony ~tofan~i, ~[av~ .......... Equestrian Avenue, Fishers ...... v~/ ....... ./ ~.. ! ~ .~, Island, New York, for a variance .~.. ~~~J/FP D to the Zoning Ordinance, Article j,~r~.~: .............. III, Section 100-30 and Bulk // ..~.__ S.ch. edule, for permission to / / ~/' ..................................... di.w. de lot with existing dweliings // / /0SEPH LAWRENCE TOWNSEND wire insufficient width and area. C/NOTARY PUBLIC OF NEW YORK Location of property: S-S Resi:ing in Sufiolk County Equestrian Avenue, Fishers Clks. No. 52-9366350 Island, bounded north by ~ Commission £xpiros March 30, 19 Equestrian Avenue; east by R. Foyle; south by Midlothinn Avenue; west by Midlothian Avenue. 9:40 P.M. (E.D.S.T.), upon application of Leen Schor New York, for a special exception Ordinunea, Article I11, Section 100~0 C 6(f) for permission to erect off-premtses directional sign. Location of property: S-S Route 25 and W-S l~i~,Hunset Avenue on property of William Pollert, C-rennport, New York. Any person desiring to be heard on the above Appeals should · appear at the ti~ne and place above specified. Dated: May 10, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS f FOI~M ~0. 3 TOWN OF $OUTHOLD BUILDING I~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your applicatian dated ....................... , 1(? ........ for permit to construct ........................ at the premises located at ............ ..~.~.... ~ ....... ~ ............................. Street · :.. . I,~'~-~ .... ,-~-.~:r~_.,:~. d~approv~d on the follow~n~ ~ro~nds ....~.~..C:......~Z..--:.:..~......~..~::::..-:.-- ...~~...~,,~..~.:~....~.~.~;~_/<~.:...~..: ............................................................ ................. Building Inspector / TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / ~'~ ~ TO THE ZONING BOARD OF APPEALS. TOWN Ol~ SOUTHOLD, N. Y. ; ,, ~ .... ..o..B~~.....o, .~..v.~........~.¥. ~.~ .... Name of Appellant Street and Number ........ ...v...~..c.~.~..~ ............................................................ ~ ............ .ER~BY APPEALTO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON .................................. ............. ......... WHEREBY THE BUILDING INSPECTOR DENIED TO ........ P~...~...o..t~.c..m~.~ .............. Nome of Applicant for permit at ....... ~_..~..~ ....... ..~....g~ ...... ..9..~.x.~. ................. ~ ............... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY ..::..~..~..~..~...~......~... .................................. i .................... Street Use District on Zoning Map ..~?.....c~.....?~.G...~. ~...~.t~X~....~q~so-~%q ~C~t~L ~C ~ ~kS Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ~ection and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 31 yPE OF APPEAL Appeal is mode herewith for ( ~ A VARIANCE to the Zoning Ordin.ance or Zoning Map [ ) A VARIANCE due to lock of access (Slate o~ New York Town Low Chap. 62 Cons. Law~ Art. 16 Sec. 280A Subsection 3 . " ~ rev,ous a eal has been ,t 4. PREVIOUS APPEAL A p ' pp ( )4J~-r,~) made w' h respect to this decision~ of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special oermit (y~) request for e variance and was made in AppeQI No.....~....~..,~ .............. Dated .......~.'.~..%.~...r..~....~.~'-'~i.~..i .......................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ('-~Q A Variance to the Zoning Ordinance ( ) is requested for the reason that ~o~ ~t (Continue on other side) REASON FOR APPEAl_ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica[ difficulde~ or unneces- 2. The hardship created is UNIQUE and is not shared by a!] properties alike in the immediate vicinity of this property end in this use district because .~ 3. The Variance wouJd obse'rve the spirit of th~ Ordinance and WOULD NOT CHANGE THE C~A~CTER OE *~E D~S*R~CT because U~q~ STATE OF NEW ~ORK, ) /xl-- ~ COUNTY OF~~~ss '"i'"'t~'"'~' '~'~'"~S[gnature ............................... ~0taFy Public