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Home My WebLink About1923 TO~VN OF SOUTHOLD, NEW ¥OKK ACTION OF THE ZONinG BOAI~D OF APPEALS Appeal No. 1923 Dated June 7, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Elbert E. Austin a/c william J. Eckartz 115 Sound Avenue Peconic, New York DATE Ju.l.¥...l~.., 1974 AppeHant at a mecting of the Zoning Board of Appeals on July 11, 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 resol~ion ~ the Board R was determined th~ a speci~ exception ( ) be granted ( ) be de.ed p~sua~ to Artic~ .................... Section .................... Sub~ction .................... paragra~ .................... ~ the ~ning Ordinance and tbe decision of the Building Inspecter ( ) be reversed ( ) be co~irmed because 8:05 P.M. (E.D.S.T.) upon application of Elbert E. Austin a/c William J. Eckartz, 115 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 attached garage with insufficient side yards. Location of property: S/S Sound Avenue, Peconic, New York, bounded north by Sound Avenue, Lot No. 17, Peconic Shores, Peconic, New York. 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 difficulties hardship because 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 FORM ZB4 arjorfe McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to construct attached garage with insufficient sideyards on the south side of Sound Avenue, Peconic, New York. The findings of the Board are that the land slopes substantially to the south and if the garage were located further to the rear the applicant would have difficulty with high water. '~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, William J. Eckartz, 315 Sound Avenue, Peconic, New York, be GRANTED permission to construct attached garage with insufficient sideyards on the south side of Sound Avenue, Peconic, New York, as applied for. Vote of the Board: Ayes:- Messrs: Grigonis. Gillispie, Bergen, LEGAL NOTICE Notice of Bearings Pursuant to Section 267 of the To%~ 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 Tow~ of Southold, New York, on July !1, 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 ~ariance in accordance with the Zoning Ordinance, Article III, ~ection 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, Mattituck; 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 III, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient frontage and area. Location of property: Hiawatha Path, Southold; bounded tiorthW. Ulhorn; east Hiawatha Path; south by C. Boergesson; by by l~est by J. Derosa and another- 8:05 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, ~_rticie iii, tlSection 100-30 and Bulk Schedule for pe~ission to construct !attached garage with insufficient sideyards. Location of iiproperty: 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 1[)0-30 and Bulk Schedule for pe£mission 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 & Patrlcia Drossos, Main Road (Arshamomaque), Greenport, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (A) (B) (C)for permission to erect sidewall 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 Corp. 8:40 P~I.I. ~E.D.S.T.) upon application of Wickham &-Lark a/c Clinton Muttitt, North Country Road, Westhampton, New York ~or a variance in accordance with the Zoning Ordinance~ Article III, Section 100-30 · Bulk Schedule and Section 280A Town Law for ~ermission to divide property and for approval of access with insufficient frontage and area. Location of property: E/S Grand ~venue, Mattituck; bounded north by Rohrbach & Heuser; east by .~. & 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 and Wife , 55 Marlborough Road, West Hempstead, New York for permission to construct accessory (storage) building in front yard area. Location of property: W/S Tr~man Path, East Marion, New York; bounded north by Sullivan & Gorga; east by Truman's ~ath; south by E. Foster; west by Marion Lake. NOTICE OF HEARINGS Pursuant to Section 267 of the 'own Law and the provisions of he Amended Building Zone )r~'nance of. the Town of ~out~,.~ld, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, New York, in the Town Clerk's office, Main Road, Southuld, on July 11, 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 Mat- tituck Manor, Main Road & New Suffolk Aveaue, 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 Read & New Suffolk Avenue, Mat- tituck; bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco ReultyLwest by Main Road. 7:55 P~M. (E.D.S.T.) upon application of Richard DeMaria, 5 .Swan Lane, I-Iauppaage, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide lot with in- sufficient frontage and area. Location of property: Hiawatha Path, Southuld; bounded north by W. Ulhorn; east by Hiawatha Path; south by C. Bcergesson; west by J. Derosa and another. t' 8:05 P.M. (E.D.S.T.) upon ~application of Elbert E. Austin a- 'c William J. Eckartz, 315 Sound Avenue, Pecenic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission in construct at- tached garage with insufficient sideyards. Location of property: S-S Sound Avenue, Peconic, New York; bounded north by Sound Avenue, Lot No. 17, Penonic Shores, Peceaic, 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 IH, 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 (Arshamoroaque), Grennport, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Section 100- 6O C (3) (A) (B) (C) for per- mission to erect gidewail s/gm Location of property: N-W side Main Road (Arshamomaque), Greenport; bounded east by Long Island Lighting Company; south by Main Road; west by John Drosses; north by Manor Grove Corp. 8:40 P.M. (E.D.S.T.) upon application of Wickham & Lark a- c Clinton Muttitt, North Country Read, Westhampton, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 2~0A Town Law for permission to divide property and for approval of access with insufficient frontage and area. Location of property: E-S Grand aha Wife, 55 Marlboroagh Road, West Hempsten-1, I;~,w York for permission ~ : ruct ac- cessory (sinra~e) ,~ullding in front yard area. Location of proper~y: W-S Trmnan Path, East Marion, New York; OF SUFFOLK, beended north by Sullivan & east by Truman's Path; ~F NEW YORK, .~ ss: Gorga; south by E. Foster; west by ' Marion Lake. . ~.'~kl~.'~. C.. DoI'marl ......... being duly Sworn, Any person desiring to be heard · · · on the' above Appeals should, he is Printer and Publisher of ~he SUFFOLK appear at the time and place ........ above specified. ~ TIMES, a newspaper published ~t Greenpart, in s~id Dated: Jene 27, 1974 BYORDEROFTHEind ttl-* the notic6, of which the ,,-hexed is u printed SOUTHOLD TOWN BOARDOFAPPEAL~w~.z, __~ been published in the said Suffolk Weekly Times once in eoch week, for ............. O..ri.e..(.~.) ...... weeks successively ~ommencing on ~e .............. ~.h. ........ ......................... Sworn to before me this ...}.t.h. .... day of .... .0-.u.],y.. ~ ...... 19. ?.~t-~- ......... TOWN END, J~ "~>~ ..... ~/ .... 2....105[[~1~ .t~.. .... ~ ..... · ........... ~ ~ Qualifie~i in Suff*lk County ~..-~/ Gommission Exl~ire$ Ma[ch 30, 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 Appea~s of the Town of Southold, New York, on July 11, 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, MaiCituck, 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 II1, 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. Ulhorn; east by Hiawatha Path; south by C. Boergesson; west by J. Derosa and another. ) u~pon 8:05 P.M. {E.D.S.T. 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 ltl, 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. 8:15 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 side- yard. 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 Drossos, Main Road (Arshamo- maque), Greenport, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C {3) (A) (B) (C) for permission to erect sidewall 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 Corp. 8:40 P.M. (E.D.S.T.) upon application of Wickham & Lark a/c Clinton Muttitt, North Coun- try Road, Westhampton, New York for a variance in accordance COUNTY OF SUFFOLK } STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-TITUCK 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 Zrg. vefer-Mattituck Watch- man once each week for (..~.:...,i'~4~'~: Il ,/? weeks" successively, commencing on the ................ ;/.z.x. ................... day of ...... ,~ :.IX....¢ ~. ,:~..~.......; ..,. / ] 9./.'. v.~..~ Sworn to before me this ......... ~ .......... day of ( / t ~- ~/7 , 19..~..,,:. ........ ....... ................ TOWN OF SOUTHO/D, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ( ) ( ) TO THE ZOF, JJN(~ B~yARD O~APPEALS~ TOWN OF SOUTHOLD, N. Y~' '~/?~,,~. '...~.~.~ 3, ~- ,~.~..,.~ ... /, ........... 1, (We) ............ of ................... '.~... Name of,~k~,pellan} ~:~' Street and Number ....................... ~.~....,~.~.~ ............................................... '..~ .......... HEREBY APPEAL TO Municipality / THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUlL/DING INSPECTOR ON ..................................... .......... ....................... WHEREBY -['HE BUILDING INSPECTOR DENIED TO Name of, Applicant for permit ............... ~..~..&.~ ................. ~..¢.: ................ Street and Number Municipality ~ ..................... PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 3.~..~....~.i,.O.,..~..Z~..~..,Z~..~..~' .......,...., __ ' r Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zo~nance by number. Do not.quote the Ordi.nance.).. 3. TYPE OF APPEAL Appeal is made herewith for ('A) 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 (_k~) (has~g.~_gj) been made with respect to this decision of the Building Inspector or with respect to this property. S~Jch 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 A Variance to the Zoning Ordinance requested for the reason that (Continue on other side) REASON FOR APPEAL Con t inued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because .~ ~ ~..~ ~¢~ ~,~_.~.~¢ ~--~J ~. ~~ ~ 2. The hardship created is UNIQUE and is not shared by ail properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because SS COUNTY or Signature TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVA~ ~_ ~ ~ ~i,e No ................................................................... ~ate .......... ~.~, ...... ~ ................ , ,~.?...? ........ ". '~. .Z~/ .... ~ ....... ~:'~;i ....... PLEASE TAKE NOTICE that your application dated ...... ~ ..... ~ ................ , 19'~cl.. for permit to construct~r~~-~ at *he remus located at ...~.... ~ ~~..i ................ iiiiiiiiiiii.i~i~iii.."~;i~i "~~~ '~'~ ....................... rei~,,,ed h,~aL disappraved on the following grounds .... ~~......~.....~....z.:.~' FOP~I NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFIGE SOUTHOLD, N. Y. Examined ......................................... 19 ........ Approved ........................................ , 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .............................. , ] 9 .... INSTRUCTIONS a. Thi.s application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets at.plans, accurate plot plan to scale. Fee according to schedule. b. Ptat ~]an ~ha~ving location of lot and'of buildings on premises, relationship to adjoining premises or public streets or areas, and gi¥ing a q~etailed description of layout ofproperty must be drawn on the diagram which is par~ 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 kept 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 a 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 Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (Signature of applic'6~, or name, i~(corporation) .......z ...... . (Address of applicant) State whether applicant is~r, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ............................ ~....~~~:~. , ~ ~ ~ ........................................................... 1___~';. ........................................................................... If 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 ............................................... Location of land on. which proposed work will be done. Map No.: ......... /..~....7.. ................... Lot No ......./.~Z ........... Street and Number ........................... ~. ....... : ............................................................................... Municipality State existing use and occupancy of premises and intended use and occupancy of proposed construction: property lines. Give street and block whether interiOr or comer lot. 3. Nacure-o~' work (check which apt ~ble): New Bui]d~ng .". .............. Add, ................. AItera¢i~n ~...~ ........... Repair .................. Removal .................. Demolition ......... ;. ......... Other Work ...................................................... ~ ~ , ) ~ (Description) 4. Estimated Cost .............. ,~.f.~.~g.,~..C?. .......... j...: ........... Fee .................................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ Jf garage, number of ~ ............... ~ ........ :~ .............................................................................. 6. If business, commercial or mixed occupancy, sp~ nature and extent of each ~e of use ............................ 7. Dimens OhS of eXisting structures, if any: Front .........,~ ................ Rear ~ ~ ~ Depth ......J~.~ ....... Height ....... Z~ ............ Nu~er of Stories ....... ~ ........................................................................................................ Dimensions of same structure with alterations or additions: Front ........... ~ ..................... Rear .... ]~f ' Depth ~,~, Height ........ ~..( .............. Number of Stories .........? ...................... 8. Dimensions of entire new construction: Front .................................... Rear ............................ D~th ........................ Height .................... Number of Stories ...................................................................................................................... 9. Size of lot: Front ................A'~ ................................. Rear ............... ~ ..................Depth ...... ~.~..~ .............. 10. Date of Purchase ................... ~.~ ......................... Nome of Former ~ner .......... :¢~....k<.~/ ............. 11; Zone or use district in which premises are situated . ~.~/~~ ....................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ........................................................ 13. Will Jot be regraded . ....... ~ .............. Will excess fill be remove~ f~om p~emi~es: ( ) Yes ~ No 14. Name of ~ner of premises .~-~....f~c~ ....... Address~'~~.~-~).:.~. Phone No, ,Z~.Z~Z. Name of Architect .............................................................. Address ................................ Phone No ....................... Name of Contractor ............................................................ A~ress ................................ Phone No ....................... PLOT DIAG~M Locate clearly and distinctly all buildings, whether existing or proposed, and indicate ~JJ set~ck dimensions from number or description according to d~, and show street names and indicate STATE OF NEW .~P,/K~. ~///~ [ S S COUNTY OF · ................................................................................................. being duly sworn, deposes and says that he is the appiicam (Name of individual signing contracf) above named. He is the ................................................................................................................................................................................. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements conta,ined in this application ore true to the best of his knowledge and bailer; and that the work will be performed in the manner set forth [n the application fi[ed therewith. Sworn to before me this ~ ~ ~Sigaafure of appJJcanf) JUDITH T. BOKEN UNAUTHORIZED ALTE,~ATION OP. ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 Oc THE NEW YORK STATI~ EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING f