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HomeMy WebLinkAbout1905 Appeal No. 19 0 5 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~qG BOAI~D OF APPEALS Dated April 30, DATE F~y...2.~.,.. 1974 1974 ACTION OF TI{E ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Dr. and Mrs. John Frosina Oaklawn Avenue Southold, New York Appellant at a meeting of the Zoning Board of Appeals on May 2 3, 19 7 4 was considered and the action indicated below was tsken on your ( ) Request for variance due to lack of access to properb2 ( ) Request for a special exception under the Zoning Ordinance ( ~O Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was detemined that a special exception ( ) be ~a~ed ( ) be de.ed pursua~ to Article .................... ~ct~n .................... Subsection .................... paragraph .................... of the Zoning ~dinance and the decision of the Building Iusp~tor ( ) be reversed ( ) be combined b~ause 8:40 P.M. (E.D.S.T.), upon application of John & Katherine Frosina, Oaklawn Avenue, Southold, New York, for a variance in accord- ance 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 land of a-plicant; south by Jockey Creek; west by John O'Keefe. 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 hardship because difficulties or unnecessary SEE REVERSE (b) The hardship erealed (is) (~s 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 f~rther determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and FORM ZB4 SEE REVER~ROV~O ZONING BOARD OF APPEALS ~i~n{an BO~d 0[ ApP~m=zJ~ ermo=t, Secretary After investigation and inspection the Board finds that applicant requests permission to divide and set off lot with insufficient frontage and area on the south side of Jockey Creek Drive, Southold, New York. The findings of the Board are that the proposal is to divide Lots Nos. 7 and 8, which are in common ownership, and retain Lot No. 8. Lot No. 7 has 75 feet on Jockey Creek Drive and 120 feet on the water, with 220 feet on the westerly boundary and 240 feet on the easterly boundary. The Board finds that the lots are of a reasonable size and in conformity with surrounding lots. 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, John & Katherine Frosina, Oaklawn Avenue, Southold, New York, be GRANTED permission to divide and set off lot with insufficient frontage and area on the south side of Jockey Creek Drive, Southold, as applied for, subject to the following condition: That the sideyards shall not be decreased below 25 feet (10 feet on one side and 15 feet on the other side). Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of The Town Law and the previsions ~ of the .Amended Building Zone Ordinance of the Town of Scuthold, ii suffolk County, New York, public hearings will be held iY the Zoning Board of Appeals of the Town of Southoldw at the Town Office, Main Road~ Southold~ New York, on May 23, 1974 cn the following appeals: 7:40 P~M. (E.D.S.T.) upon a~plication of Leonard Trapido~ 117-01 Park Lane South, Kew Gardens~ N. ~Y~ for a variance !n 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 Carringnon Road~ Lot 395, Nassau Point, Cutchogue. 7:50 P.M. (E~D.S.T.) upon application of Paul and Jacquel~ne Kelly~ i0i Wallace Streets 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 proper~y: N/S I Private Road~ W/S Camp Mineo!a Road~ Mattituck~ bounded north Ii by Folly Beach Ltd. and Allen; east by B. Snyder; south by Private Road; west by B~ Hart. 8:00 P.M. (E.D.S.T.) ~ upon application of Peter Dohz~r~an a/c Harold Wohl, Smith Road, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section I00-30~ 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, Mattituck. ~:15 P.M. (E.D.S.T.), upon application of Norbert Rademacher~ 1 Douglas Terrace, Woodcliff Lake, N. J., ~or a variance in accordance with the Zoning Ordinance, Article III, Section 100~30, 100-31, "A~ & "B' Bulk Schedule, for permission to rent dwelling and reserve apartment for own use in "A" District. O © 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, Article 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 ~n 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, $outhold, bounded north by Jockey Creek Drive land of applicant; south by Jockey Creek; west by east by other John O'Keefe. 8~50 P.M. (E.D.S.T.), ~pon application of Bage Construction Co., 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 insufficient sideyard area. Lot 13, Map of Bayview Woods permission to reduce sideyard with Location of property: Ships Drive, (45520), 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 t Notice Of Hearings Pursuant to Section 267 of Thc Town Law and thc provisions of thc Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, poblic hearlngs will be held by thc Zoning Board of Appoals of thc 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 ~oning Ordinance, Article II1, 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 Woodcliff Lake, N.J., for a variance in accordance with the Zoning Ordinance, Article Ill. Section 100-30, 100-31, "A" & "B" Bulk Schedule, for permiss- ion to rent dwelling and reserve apartment for own use in "A" District. 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 Accord- ance with the Zoning Ordinance, Article IlL 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 Ill, 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, South- old, bounded north by Jockey Creek Drive; east by other land of applicant; south ~y Jockey Creek; west by John O Keefe. 8:50 P.M. (E.D.S.T.), upon application of Bage Construction Co., Inc. a/c Marshall Hansen, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article lit, 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 property: North Sea Drive to Sound View Avenue, Southold, bounded north by North Sea Drive; east by Kullman & 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, South- old, New York. for a variance in accordance with the 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 (Rt. 25), Arshamomaque, Greenport. 9:20 P.M. (E.D.S.T.), upon · application of Frank Cichanowicz, III, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article I~ll, Section 100-30 B-8 for permission to house agricultural help.' Location of property: Indian: SUFFOLK Neck Lane, Peconic, bounded ~I:-W YORK north by Mahnken & Pontino; east by Indian Neck Lane; south by Geiger; west by Koraleski. 9:30 P.M. (E.D.S.T.), upon Whitney Booth, Jr., being duly sworn, says application of Tony Stefanini, Equestrian Avenue, Fishers Is- the Editor, of THE LONG ISLAND land; New York, for a variance to MAT-I'ITUCK WATCH/v~N, o public news- the Zoning Ordinance, Article lit, Section 100-30 and Bulk Sched- at $outho~d, in So(folk County; and that ule, for permission to divide lot with existing dwellings with ~hich the annexed is o printed copy, has been insufficient width and area. :aid Long island Troveler-/~4ettituck Watch- Location of property: SAS Eques- trian Avenue, Fishers Island, h week (or ...~,~-~..,~,.....~ ....... ~ ..... weeks hounded north by Equestrian Avenue; east by R. Foyle; south ,mmencin~ on the ............ .~.~/..; ......... by Midlothian Avenue; west by ........ Midlothian Avenue. 9:40 P.IV'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 Ill, Section NOTICE OF HEARINGS Pursuant to Soctioo 267 of The Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Sootheld, Suffolk Couety, New York, public hceriugs will be held by the Zonin~ Bonrd of Appeals of the Town of Southold, at the Town Office, Main Road, Sootbeld, New York, an May 23,-1974 on the following appe?l~: 7:40 (E.D.S.T.), upon ap- plicatian of Leonard Trapido, 117- 01 Park Lane Sooth, Kew Gar- dens, N.Y. 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 ~95, Nassau Point, Cotchugue. 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 Balk Sohedale for permission to divide property with insufficient width and area. Location of property: N-S Private Road, W-S Camp Mineela Road, Mottituck, bounded north by Folly Beach Ltd. and Allan; east by B. Snyder; south by Private Road; west by B. Hart. 8:00 P.M. (E.D.S.T.), upon application of Peter Dohrman a-c Harold Wohl, Smith Road, Peconic, New York, for a 9:10 P.M. (E.D.S.T.) upon appllcetion of Robert R. Annison, 6010 and View Avenue, Southo.-, New York, for a variance in accordance with the zoning Ordinance, Article VIII, Section 100-80 and Balk Schedale, for permission to construct OF SUFFOLK, building with insufficient~)F NEW YORK, sideyards and parking variance in accordance with the 9:30 P.M. (E.D.S.T.), upon~ zoning Ordinance, Article IH, application of Tony Stofanini, Section 100-30, 100-31, 100-32 and Equestrian Avenue, Fishers' Bulk Schedale for permiosian to Island, New York, for a variance construct deck with insufficient to the zoning Ordinance, Article side and rear yard. Location of III, Soetian 100-30 and Bulk property: East side Oak Street, -- Schedule, for permission to Cotchogue, Lot Nos. 24 and % of divide lot with existing dwellings 25, Eugane Heights, Mattituck. -- with insufficiant width and area. requirements. Location of $~a~t C. property: Lot No. 156, Amended .............................. being duly Sworn, "' i Ba Map A ,Peconc y Estates,~ he E-S Main Road (Rt. 25), Ar-' ....... is Printer und Publisher of ~he SUFFOLK shamomaque,9:20 P.M. Groenport.(E.D.S.T.), upon~ TIMES, a newspaper published al Greenport, in s~id appUcatianof Frank Cichanowicz[nd that the notice, of which the Annexed is a printed III, Cotchogue, New York, for a · special ey, ceptian in accordances been published in the said Suffolk Weekly Times with tl~ Zoning Ordinance, Article IH, Section 100-30 B-8 for ,ach week, tot ........... o.~.. ?.. ! .]..) ........ weeks permission to house agricultural help. Location of property: In-.elY vommen¢ing on the ........ ~_.6..~..h ............. dian Neck Lane, Peconic, l,~a~. ~ 19 bemldedPonlino; northeast bYby Mahnkenindian Neckand' . . ~].~.~.~-~ ~'~~''~ ..... :' ~-~ .... l.~ne; south by Geiger; west by .. ~ ......... ~ ~ ..... .~ .~_. .................... Kosaloski. before m~ this . .~-5.~ .... I(OTARY PUBLIC OF NEW YORK Re$i ing n Suffolk Clks. No. 52.9366350 ;); My Cm~amissio~ Lxpires March 30, I 8:15 P.M. '(E.D.S.T.), upon application of Norbert Rademacher, 1 Douglas Torrace, Woodcliff Lake, N.J., for a variance in accordance with the zoning Ordinance, Article IH, Seetian 100-~0, 1/10-31 "A" and "B" Bulk Schedale, for pe~- mission to rent dwelling and reserve apartment for own use in "A" District. Location of property: North Side Oak Avanue, Lot NOS. ~01, 302, 303, Go~e Bay Estates, Soutbeld. 8:25 P.M. (E.D.S.T.), upon application of Hener B. Aguew, ~00 Arnold Avanue, W. Babylon, N.Y., for a var/anee in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 C (8) and Section 100-32 for permission to construct private garage in front yard area. Location of property: S-S Sandy north by Sandy Beach Hoad; east by A. Kevewnt~; ~ by Sterlin~ Creek; west by B. Haley. ~8:40 P.M. (E~).S.T.), upon application of John and Katherine Frnsina, Oaklawn Avanue, Sootbeld, New York, for a variance in accordance with the zoning Ordinance, Art/de HI, Section 100-30 and Bulk Schedule for peemi~i~ to divide and set off lot with insufficient frontage and area. Loontian of property: S-S Jockey Creek Drive, Southold, bounded north by Jockey Cree~ Drive; east by other land of applicant; south by Jockey Creek; west by John O'Kee/e. -- 8:50 P.M. (E.D.S.T.), upon application of Bage Canstruction Southold, New York, for a variance in accordance with the Zonin~ 0Tdinance, Artiule HI, Section 1~0-30 and Bulk Schedule for permission to reduce sid~yard with insuffialant stdeyard area. Location of property: Ships Drive, Lot 13, Map of Bayview Woods (No. 5520), Sontheld, New York. 9:00 P.M. (F_,D.S.T.), upon application d Mary and John CApelloto, 90 Genosee Drive, Commack, N.Y., for a variance in aCC~dence with the Zonin8 Ordinance, Article IH, Section 100-~ and Bulk Schedule for permission to divide property into two lots, one of which will have le~ than reqal~d width. Location of property: North Sea Drive to Smmd View Avceue, Southuld, beueded north by North Sea Drive; east by EuHman and Jemfings; sooth by Sound View Avanue, west by A. Stellmeyer. ss: Location of property: S-S Equestrian Avenue, Fishers Island, bounded north by Equestrian Ave~me; east by R. Foyle; south by Midlothian Avenue; west by Midlothian Avenue. 9:40 P.M. (E.D.S.T.), upon applieatian of Leon Sohor a-c Boathouse Restaurant, Manhanset Avanue, Greenport, New York, for a special exception in accordance with the zoning Ordinance, Article IH, Section 100-a0 C 5(f) for pormtssian to erect off-premises directional si~n. Location of property: Roote ~ and W-S Manhanset Avanue on property of William Pollert, Groenport, New York. Any person dosiriug to be heard on the above Appeals shoald · appear at the time and place above specified. Dated: May 10, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS APPEAL FROM DECISION TOWN OF SOUTHOLD, NEW YORK OF BUILDING INSPECTOR 'TO THE ZONING B,OARD OF A~PI~E~LS, TOWN OF SOUTHOLD, N. Y. 1, (We}~/~..~..~....C, ~..~...~./...~...~.....~. ;. Z~/.~..~..~..~.:~,' ./..~. ~ ..... ..~, .~..~..41~ .~.. :..~. Z .............................. Name of Appellant Street and Number .............................. ......~ ............................................................................ HEREBY APPEAL TO Municipality TH£ ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .... DATED ..........~..~./.'..~. ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ...........................................................Street and Number '/~;'~'i'~i~;~ii~ .................... ~i;i;;"" .................. ( PERMIT TO USE ( ) ~ ~ ~ · ~t~~~ -- 1. L~ATION OF THE PROPERTY - Street Use Dis}dct on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sec~ dg__d_p~arparag raph_ ~' [~-~. '~°f the[0oZo~ing90Ordinance,~?/~ ~. ~U,,~bY number. J)o not quote the Ordi,nance.) 3. TYPE OF APPEAL Appeal is made herewith for (~l,~ 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 (,b~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 ...................................................................... REASON FOR, APPEAL ( ) A Variance to Section 280A Subsection ('j~ A Variance to the Zoning Ordinance is requested for the reason that~~' Form ZB1 (ContinUe on other side) REASON FOR APPEAL Continued J. STRICT APPLICATION ORDINANCE would practical difficuitie~ or unneCes- sary HARDSHIP because ~.~/ ~'~ ,~ ~ 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 Ordingnce and WOULD NOT CHANGE TH~..E_ STATE OF NEW ,.yORK ) COUNTY OF,~~/~ ss .................. ~ Sign, Sworn to this ................... . .~.~.~. ..... : ............. day ................... .~: ................... 19~,,~ Notary Public jU[JlTI4 Z. 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