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HomeMy WebLinkAbout1879 TO~VN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1879 Dated January 23, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Agneta H. Ewer 576 McCullock Place Haworth, New Jersey DATE ~.e.~..,....2.~., 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 8:45 P.M. (E.D.S.T.), upon appl£cat±on of Agneta H. Ewer, 576 McCullock Place, Haworth, New Jersey, for a variance in accordance with /;he Zoning Ordinance, Article III, Section 100-30 and ].00-31 and Bulk Schedu].e for perm±ssion to install kitchen equipment in accessory bu±ld±ng, resu].t±ng in two dwellings on one lot. Location of property: W/S Sm±th's Road, Pecon±c, New York, Plot F, Indian Neck Park. Fee paid $15.00. 2. VARIANCE. By resolution nf the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship creeled (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be conf/xmed ( ) be reversed. SEE REVERSE FORM ZB4 ) be denied and  /ZONING BOARD OF APPEALS ~ ~~$ Marjo~'ie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to install kitchen-equipment in accessory building resulting in two dwellings on one lot, located on the west side of Smith's Road, Peconic, New York. The findings of the Board are that applicant is approximately 30,000 sq. ft. short of the required 80,000 sq. ft. under the Zening Ordinance, for two dwellings on one lot. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Agneta H. Ewer, 576 McCullock Place, Haworth, New Jersey, be DENIED permission to install kitchen equipment in accessory building located on the west side of Smith's Road, Peconic, New York, as applied for, Vote of the Board: Grigonis, Doyen. Ayes:- Messrs: Gillispie, Bergen, Pursuant to Section 267 of the Town Law and the provisions of Ihe Amended Building Zone 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: plication of Robert R. Annison, 6010 Sound View Avenue, South- struct garage in front yard area. Location of property: S/S Sounfl View Avenue, Southold, New York, bounded on the north by Buckley; south by G, Lehmann: west by C. Booth. 8:45 P. M. (EDST), upon ap- plication of Agneta H. Ewer. ance with the Zoning Ordinance. Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to install kitchel~ equipment in accessory building lot. Location of property: Smith's Road, Peconic, New York, Plot F, Indian Neck Park. Wickham Avenue, Mattituck cordsnce with the Zoning Ordi- 100-35 for permission to con- struct ~ 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 l~ailrosd; east by C. A. Price CO.; south by IIill Street; west by Wickham Ave- plication of Stanle¥ l~liss & 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 pormission to divide lot with insufficient width and area. Lo- and Albo Drive. Laurel, N'ew York. bounded north by Brock; east by Albo Drive; south by Bray Avenue; west by 9:30 P. M. (EDST), upon aD- plication of IIarold L. Wolbert, 6 IIi~hland Avenue, SerseF City, ance with the Zoning Ordinance, COUNTY OF SUFFOLK ~, ss: STATE OF NEW YORK j 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 ..... ~,..,,.~.:.~....L/:...~. ..... weeks successively, commencing on the ............. ~:/a-.~.'.~..'~. .......... day of ......... ~'7.'--~.].':.......,.:~, / Sworn to before me this ........ ;~...../.. ...... day of ......... ~'. ~,* ........ 19.~:/~/. 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 Mill Road. Mattit~ck, New York, bounded on the north by J. Carlton; east by J. Carlton; south by II. Smith; west by West Mill Road. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 14, 1974 BY ORDER OF THE SOUTHOLD TOWN NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Scuthuld, Suffolk County, New York, public hearings will be held by the Zoning Board o~ Appeals of the Town of Southold, 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. Annison, 6010 Soundview Avenue, Southold, 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: Soundview Avenue, Scuthold, New York; bounded on the north by Soundview Avenue; east by J. Buckley; south by G. Lehmann; west by C. Booth. 8:45 P.M. (E.D.S.T.), upo-' n- application of Agunta H. Ewer, Smith's Road, Peconic, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- ~0 and 100-31 and Bulk Schedule [or permission to install kitchen ~s~pment in accessory building ting in two dwellings on one lot. Location of property: W~ ~Smith's Road, Peconic, 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. (306), 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. 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 ·.. ]l~ing duly Sworn, Road. Any person desiring to be heard shex of ~e SUFFOLK on the above Appeals should .... appear at the time and place n ~r~ ~reenpor~. in said above specified. e ~mnexed i~ ~a printed Dated: February 14, 19'/4 BY ORDER OF THE ~. z~.,,_ Week]~ Times SOUTHOLD TOWN BOARD or APPEALS .* ( 1 ) .............. weeks 9:15 P.M. (E.D.S.T.), upon application of Stanley Fliss andv ~ommencing on tt~e 2tst Wife, Bray Avenue and Albe ........................... Drive, Mattituck, New York, for .F...~..rt:t..a~.y. ~...~... 1~./..~-' a variance in accordance with the Zoning Ordinance, Article III ........................ Sec. 100-30 and 100-31 and Bulk 2 Scheduleforpermissinntodivide~fOre me this ........... lot with insufficient width and Februar-- area. Location of property: Bray ..... / .... 'Y- · -, ~- AvenUeandAlboDrlve, Laarel / / ~ ~ ~ ~'ffX ~ ~ ~'~ New York, bounded north by W.j' ~'~- ~-'2~"--~' Brock; east by Albe Drive; south by Bray Avenue; west by J. Zimneski. 9:30 P.M. (E.D.S.T.), upon ~pplication of Harold L. Wolbert, ~ Highland Avenue, Jersey City, N.J., for a variance in ac- cordance with the Zoning Or- dinance, Article IH, Sec. 100-30, 100-31 and Bulk Schedule for My Commisson £x;~;es ~,'!arc~l 30, 19 -) [~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N: Y. A~ ne t;a H, E~ce? r · ~ 1, (We) ....~.. : ..: ..................... at ...S~a. tb_..m.lffo~ad. ........................................... Name of Appellant Street and Number Feconio N.Y, ......................................................................................................................... HEREBY APPEAL YO Municipality State "['HE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......................... ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE as dwelling umit PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY ..]~'./.,S....~m.i.~.~.!.~..gg..a.,d. .............................. ~.t..A,.[[..~,i..s..~.: ......... Street Use District on Zoning Map ..................... e o o Map No. Lot No. 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 3 Sec. 100-30 (t) Bu~k Schedule 3. TYPE OF APPEAL Appeal is maae herewith for (X) A VARIANCE ~e the Zoning Ordin.ance 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 ^ previous appeal (~s) (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 ...................................................................... ) X) ) REASON FO~ APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance requested for the reason that Form ZB! (Continue on other side) ' ~REASON FOR APPEAL .Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because old. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because :re., :~:~a, ';e~ces ~'~,~q~,. g i©¢s -"~'~":~ :~_~;~'">.~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~e,~ 8~~w~s~ FOR5~I N'O. 3 TOWN OF SOUTHOLD BUILDING D~:PARTME'NT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVA,L'~ .................................................................. ~o~...~~-~ ........ ~...~. ...... , Fi~e No .. ........ ¢~ .......... , .................................. ~,~:~ rvr permit to ~ ..~M.~tJ~.~.....~4 ........ ~t ~e premi~e~ I~cated a~ ......... ~.~ ................ .~~i....~....~.....~ ........... ~~.~.~... z.c~.z~.~..~..~ ..~..~~.: ................. ~ .............. : .......................................................................................... ....... Z~..~.~..~~... ~..~.. ~,~.:.~.....~..~.~.~}~ Building Inspector NOTICE TO TAXPAYERS IF YOUR TAXF-;5 HAVE BEEN PAID TO THE SUFFOLK COUNTY TREASURER IN RIVERHEAD SINCE JUNE 1st, PLEASE DISREGARD THIS NOTICE. The records of this office indicate that you have neglected to pay the taxes levied against real property assessed to you for the current tax year. You are hereby notified that pursuant to law the tax rolls have been returned to the County Treasurer and that unless the unpaid taxes, plus interest and pena t es, ore paid prior to the publication ol~ the tax sale lists whJc,h will occur soon after September first next, the tax lien against your real property will be advertised for sale in the following newspapers designated to publish tax sale lists this year, to wit: L. I. Traveler-Mattituck Watchman, Southold, N. Y.; The Smithtown Messenger, 15 Belmead Avenue Smithtown, N~ Y. The Smithtown News, 1 Brooksite Drive, Smithtown, N. Y., and such tax lien will be sold pursuant to each advertisement. For further information you must communicate with the County Treasurer at Riverhead, New York, giving him your name and address and a brief description of your real property including map and lot number, Jf any. GEORGE MELLAS Receiver of Taxes Town of Southold C T~VTT,T,T&M O. ~BLAKE L~o ~/oT Os~E ~TT,T,TaM O. BLAKe. 78 BHOMPTON I~OAD ~athaniel O. Abelson ~4 East 91st Street ~[~w_l~ork, ~N~m York 10028 25 February, 1974 Zoning Board of Appeals Town of Southold Southold, New York 11971 Gentlemen, In the event that I am unable to be present at the meeting of the Zoning Board of Appeals scheduled to conduct hearings on the evening of 28 February, 1974, I wish the record to show that I oppose the application of Mrs. Agneta H. Ewer of S~ith L~te, Pecontc for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and 100-31 and Bulk Schedule for permission to in- stall kitchen equipment II~rO/~:lk~il~lng resulting in two buildings on one lot. This accesory building is located on a small lot of apparently less than half · an acre which borders on lots 12 and 17 of Arrowhead Cove, both of which I own. The main house on this lot is so improperly located that one cannot step off the back steps without walking on my lot #17. How a building permit could have been justly issued in that case is beyond my comprehension. I am aware that this hap~-- pened before I purchased my land and before the Ewers bought their lot. Apparently the Zoning Ordinance was less strict in those days. Last year the other building on the Ewers' lot, which apparently had been a gar~ ' age,was remodelled as a dwelling unit, without kitchen equipment. I estimate that this building is located about 25 feet from lot number 12 of Arrowhead Cove. I am not aware that any hearing was held on the application for this pms~ned variance. How far from my lot lines are the cesspools ? Had a hearing been held, I should have opposed the application. It has been my impression that the present Zoning Ordinance had among its objectives to limit the pep,,latlon density by increasing the lower limits of lot sizes to one acre. By doing so the Ordinance was limiting the number of houses and thereby reducing the number 6f familie~,~automobiles, etc. that the Town of Southokl could eventually accommodate. I have"~dppOrted this philosophy as the records of the Board will show. It seems to me that the building permit for the major alterations which were made last year runs counter to the intent of the present Zoning Ordinance. I do not believe the Ewers' other neighbors would have supported it,~and I do not believe the Zoning Board should have approved it. If such alterations can be made without Board approval, I feel the Zoning Ordinance should be amer~i..ed to block this loophole. To approve this requestedvariance would negate the Objectives of the Zoning Ordinance and set a precedent for future applications of a similar nature. On the contrary I think' the Board should consider such action as it can take to reverse the damage that has already been done. Yours sincerely, APPEAL TO HEARD 2/28/74-8,45 P.M.E.D.S.T. Zoning Board of Appeals, Town Office Town of Southold, Main Road, Southold, N.Y. 11971 Zoning Board Town of Southold~- re,Application of Agnita Ewer for a ~ariance Article lll Sec~100.30 and 100.31 to install Kitchen Equipment in overflow house. How overflow house was ever permitted with Master Map calling for I dwelling per acre is in itself odd. Now overflow house which was presumably built for sleep- ing is to become another domi6de. Is this so that while original house is rented another is ready for family occupancy or another rental? As owaers of property on Smith Road, Peconic, N.Y. Adjacent to said Agnita Ewer we strenuously object to said appli- cation,, Joint Owners, Katherine M. Raynis 3~ Southard Avenue, Rockville Centre, N.Y. 11570 50 River Eoad ?abruaz~ 25, 1574 Soutkold lown Board of Appeals Southola, New York 11971 Gert ~leme~. I read i~ The Yebruarp Blst issue of the Long Island Traveler-Na.ti~uck Waschman tha~ Agneza H. h~er, Smith Road, Pec~ic, has applied for permission uo insball Kitchen equipmen~ in accessory building resulting in two dwellings on one lot. As the owner of sou~herl~ one-naif o_' Lo o No. ~ on Smith Road, Peconie, I wisi~ ~o go on record as definitely opposing approval of the above application. There should be absolu~el~ no variance to the Zone Ordinance ~o permit two dwellings on one lo%. Ver~- %ruly yours, K. Lorraine Co::s~anvine (~rs. Siivio ConsLantine)