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HomeMy WebLinkAbout1943 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 1943 Dated August 8, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Finn B. & Barbara Jensen 150 Gulf Street Milford, Connecticut DATE August...22, 1974 Appellant at a meeting of the Zoning Board of Appeals on August 22, 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 .................... Sub~ection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:50 P.M. (E.D.S.T.) upon application of Finn B. and Barbara Jensen, 150 Gulf Street, Milford, Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property and use as single lots with insufficient area. Location of property: Fleets Neck, Lot Nos. 3 and 4, Map of Eastwood Estates, Map No. 3683, Cutchogue, New York. Fee paid $15.00. 2. VARIANCE. By resolution of the Board !t was determined that (a) S~rict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or urmecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be rever~ed. SEE REVERSE FORM ZB4 ) be denied and APPROVED G oF Ch~8~ 808~ A0~3,$~Ma~~ofLi Secretary After investigation and inspection the Board finds that applicant requests permission to divide property and use as single lots with insufficient area, Lot Nos. 3 and 4, East- wood Estates, Cutchogue, New York. The findings of the Board are that the character of the neighborhood establishe~ the fact that most of the lots in this area are approximately 20,000 sq. ft. in size and in single and separate ownership. 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, Finn B. Jensen and Barbara Jensen, 150 Gulf Street, Milford, Connecticut, be GRANTED permission to divide property and use as single lots with insufficient area, Lot Nos. 3 and 4, Map of Eastwood Estates, Map No. 3683, Cutchogue, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. LEGAL NOTICE Notice of Bearings 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, Southold, New York, on August 22, 1974, on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Bouton Services, Inc., Crescent & Fox Avenue, Fishers Island a/c Wil!iam D. Gaillard, Jr., Bell Hill Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 C and Bulk Schedule for pez~Lission to construct accessory building in side yard area. Location of property: W/S Bell'Hill Avenue, Fishers Island, N. Y., bounded on the north by Carter; east by Bell Hill Avenue; south by J. P. Gaillard; west by J. P. Galliard. 7:50 P.M. (E.D.S.T.) upon application of Charlotte O'Keefe, P. O. Box 1175, Mattituck, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission set off dwelling on small lot with insufficient side yard. Location of property: S/W Deep Hole Drive, Mattituck, bounded on the north by C. Ruttan; east by Deep Hole Drive; South by M. Nash; west by Deep Hole Creek. , 8:05 P.M. (E.D.S.T.) upon application of James Pim & Wife, New Suffolk and Reeve Avenues, Mattituck, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 C for permission to construct accessory building in legal front yard area. Location of property: Reeve & New Suffolk Avenues, Mattituck, New York, bounded on the north by Brooklyn Diocese; east by Reeve Avenue; south by New Suffolk Avenue; west by L. Reeve. Legal Notice Page 2 8:15 P.M. (E.D.S.T.) upon application of Edward & Gloria Praetz, North Road & Beverly Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Schedule for permission to construct addition to dwelling with reduced setback in front yard on Private Road. Location of property: North Road (CR 27) & Beverly Road, Southold, bounded on the north by North Road (CR 27); east by Brady; south by Gisaitis; west by Beverly Road (Pvt. Rd.). 8:25 P.M. (E.D.S.T.) upon application of Gary Flanner Olsen, Main Road, Mattituck, N. Y. a/c Zdzislaw Mikolajczyk, 2 Johns Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 & Article XI, Section 100-112 and Bulk Schedule for permission to convert existing building (non-conforming business building) with insufficient side and rear yards and insufficient parking for proposed use. Location of property: N/W side Main Road, Mattituck, New York, bounded north by Cemetery; east by Main Road; south by M. Nine; west by Cemetery. 8:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, P.E., 188 Manor Lane, Jamesport, N.Y. a/c Brasby's Mattituck Manor, Box 344, Main Road, Mattituck, N. Y., for a variance in accord- ance with the Zoning Ordinance, Article IIi, Section 100-34 and 100-35 A for permission to construct stone wall fence with excessive height of piers and lights 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. Pg. 3 Legal Notice 8:50 P.M. (E.D.S.T.) upon application of Finn B. Jensen and Barbara Jensen, 150 Gulf Street, Milford, Connecticut, for a variance in a~cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property and use as single lots with insufficient area. Location of property: Fleets Neck, Lots No. 3 and No. 4, Map of Eastwood Estates~ Map No. 3683, Cutchogue, New York. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: August 8, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, August 15, 1974, AND FORWARD SEVEN (7) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD. TWON BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on August 8, 1974: The Suffolk Weekly Times The Long Island Trave!er-MattituckWatchman Supervisor Albert M. Martocchia Bouton Services, Inc. a/c William D. Galliard Charlotte O'Keefe James Pim & Wf Edward & Gloria Praetz Gary Flanner Olsen a/c Zdzislaw Mikolajczyk Gordon Ahlers a/c Brasby's of Mattituck Manor Finn B. & Barbara Jensen LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the ~ Low 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, Seuthold, New York, on August 22, 1974, on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Boutan Services, Inc., Crescent and Fox Avenue, Fishers island a-c William D. Gaillard, Jr., Bell Hill Avenue, iFishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 C and Bulk Schedule for permission to construct accessory building in side yard area. Location of pro- perry: W~ Bell Hill Avenue, Fishers Island, N.Y., bounded on the north by Carter; east by Bell Hill Avenue; south by J.P. Galliard; west by J.P. Gailinrd. 7:50 P.M. (E.D.S.T.), upon application of Charlotte O Keefe, Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 100~34 and Bulk Schedule for permission to construct addition to dwelling with reduced setback in front yard on Private Road. Location of property: North Road (CR27) and Beverly Road, Sonihold, bounded on the north by North Road (CR 27); east by Brady; south by Gisaitis; west by Beverly Road (Pvt. Rd). 8:25 P.M. (E.D.S.T.) upon application of Gary Flanner Olsen, Main Road, Mattitock, N.Y. a-c Zdzislaw Mikolajczyk, 2 Johns Road, Mattitock, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Section 100- 61 and Article XI, Section 100-112 and Bulk Schedule for permission to convert existing building (non- conforming business building) with insufficient side and rear yards and insufficient parking for proposed use. Location of property: N-W side Main Road Mattituck, New York, bounded north by Cemetery; east by Main Road, south by M. Nine; west by Cemetery. 8:40 P.M. (E.D.S.T.) upon application of Gordon Alders, P.E., 100 Manor Lane, Jamespert, N.Y. a-c Brasby's Mattitock Manor, Box 344, Main Road, Mattituck, N.Y., for a variance in accordance with the Zoning Ordinance, Article Section 100-34 and 100-35 ~ r permission to construct stone wail fence with excessive he~"ht of piers and lights in front 1 area. Location of property: Road and New Suffolk Avenue, Mattituck, bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco Realty; west by Main Road.~ 3:50 P.M. (E.D.S.T.) upon application of Finn B. Jensen and Barbara Jansen, 150 Gulf Street~ Milford, Connecticut, for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule for permission to divide property and use as single lots with in- sufficient area. Location of property: Fleets Neck, Lots No. 3 and No. 4, Map of Eastwood Estates, Map No. 3683, Cut- chogue, New York. Any person desiring to~-- heard on the above Appeals should appear at the time and ;OUNTY OF SUFFOLK. ~ ss: ITATE OF NEW YORK, j Stuart C. Dorman ~/s that ...h.e... is Printer and Publisher of the SUFFOLK ~rEEKLY TIMES, a newspaper published ~t Greenport. in said ounty: and that the notice, of which the annexed is a printed opy, has been published in the said Suffolk Weekly Times ~nce in eoch week, f~r ............ o..n.e...(.1.). ...... weeks iuccessiv~Iy commencing on the ............. .l~5.t..h ........ of ..... Au~ 1974 day place above specified. Dated: August 8, 1974 Sworn to before me this ....1.~..t.h.,, I BY ORDER OF THE A U .f~l ~ t ~.74. { SOUTHOLDTOWN day of ...... · ...... t .... , _ BOARD OF APPEALS 'f :J ~" _:L- ',: ,, ,, / :, ........................... / /./. -~[:p.~. L~W~£~(;I~ IOWNS£~D ............... ' ,/ N'(~T"X~¥ PUBL{C OF N£W YOR~ Clks. No. 529366350 ~ / Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, Suffiflk 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. Southold, New York, on August 22, 1974, on thc fi~llowing appeals: 7:40 P.M. (E.D.S.T.) upon ap- plication of Bouton Services. Inc., Crescent & Fox Avenue, Fishers Island a/c William D. G&illard, Jr., Bell Hill Avenue, Fishers island. New York for a variance in accordance with the Zoning Or- dinance, Article Ill, Section 100- 32 C and Bulk Schedule for permis- sion to construct accessory build- ing in side yard area. Location of property: W/S Bell Hill Avenue, Fishers island, N.Y., bounded on" the north by Carter; east by Bell Hill Avenue: south by J. P. Gaillard; west by J. P. Galliard. 7:50 P.M. (E.D.S.T.) upon ap- plication of Charlotte O'Keefe, P. O. Box 1175, Mattituck, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission set off dwelling on small lot with insuffi~'icnt side yard. Location of p~di cr~v: S/W Deep Hole Drive, Mattituck. bounded on the m)rth by C. Ruttan east by Deep Hole Drive; South by M. Nash; west by Deep Hole Creek. : :'~ 8:05 P.M. (E.D.S.T.) upon rfp-., plication of James Pim & Wife, New Suffolk and Reeve Avenues, Mattituck, N.Y. for a variance in accordance with the Zoning Or- dinance, Article III, Section 100- 32 C for permission to construct accessory building in legal front / yard of area. Location of property: Reeve & New Suffolk Avenues, Mattltuck, New York, bounded on the north by Brooklyn Diocese; east by Reeve Avenue; south by New Suffolk Avenue; west by L. Reeve. 8:15 P.M. (E.D.S.T.) upon ap- plication of Edward & Gloria Praetz, North Road & Beverly Road, Southold, for a variance in accordance with the Zoning Or- inance, Article III, Section 100-34 and Bulk Schedule for permission to construct addition to dwelling with reduced setback in front yard on Private Road. Location of property: North Road (CR 27) & Beverly Road, Southold, bounded on the north by North Road (CR 27); east by Brady; south by Gisaitis; west by Beverly Road (Pvt. Rd.). 8:25 P.M. (E.D.S.T.) upon ap- plication of Gary Flanner Olsen, Main ' !, Mattituck, N.Y. a/c Zdzisla,. Mikolajczyk, 2 Johns Road, Matfi~u~k, I~lew York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 & Article XI, Sec- tion 100-112 and Bulk Schedule for permission to convert existing building (non-conforming busi- ness building) with insufficient side and rear yards and insuffi- cient parking for proposed use. .Location of property: N/W side Main Road, Mattituck, New York, bounded north by Cemetery; east by Main Road; south by M. Nine; west by Cemetery. 8:40 P.M. (E.D.S.T.) upon ap- plication of Gordon Ahlers, P.E., 188 Manol~ Lane, Jamesport, N.Y. a/c Brasby's Mattituck Manor, Box 344, Main Road, Mattituck, N.Y., for a variance in accordance ,F SUFFOLK ss: NEW YORK · -Wlfit~ae~-~ooth,~ Jr.~ ~eing duly sworn, says is the Editor,A 0f THE LONG IS~ND - MA~ITUCK WATCHMAN, a public news- 'ed at Southold, in Suffolk Count; and that ff which the a:nnexed is a printed copy, has been n said Long Island Traveler-Mattituck Watch- eoch week for .......... k ............................week~ t ' c~d /, commencinfl on the ..........~:.::2 ...................... ...... ~..>...¢.:,..~.; ............. 19,L.dS.. with the Zoning Ordinance, Arti- , -,/ ~ cie 1II; Section 100-34 and 100-35~ ,/ / r ,, //~ '/ - A for permission to construct ~/'~,_~-t-C ,.._j '/~-"".-(~i.~ .................... stone wall fence with excessive ............................. ~ .................. :~ ' height of piers and lights in front yard area. Location of property: Main Road & New Suffolk Ave- nue, Mattituck, bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco Real- ty; west by Main Road. 8:50 P.M. (E.D.S.T.) upon ap- flication of Finn B. Jenscn and Barbara Jensen, 150 Gulf Street, Milford, Connecticut, for a var- iance in accordance with the Zoning Ordinance, Article lIl, Section 100-30 and Buld Schedule for permission to divide property and use as single lots with insuffi- cient area. Location of property: Fleets Neck, Lots No. 3 and No. Map of Eastwood Estates, Map No. 3683, Cutchogue. New York. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: August 8, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT. 8/15 Sworn to before me this /./'C~' day of TUT-NOTE MESSAGE GARY F'LANNE:R OLS~'N COUNSELLOR AT LAW REPLY · TO: Sottthold Town Zoning Board of Appeals Main Road Soaihbld. N.Y. Att: Mis. McDermott Re:Jaasen Variance Enclosed pleasefind three copies of a variance application in re the above and the filing fee of $15.00. Best regards DATE: SIGNED DATE: TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, 'I~OWN OF SOUTHOLD, N. Y. 1, (We)..F..~..n..q...&.....B..a...r..b..a...r,.a....J..e..n..s...e.~ .................. of .... .1..5..0.....G.B..~.o..S..t..r..e..e..i.,.....~..~...f.o...r,.d.~....C...o.~., ........ Name of Appellon* Street and Number ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE, DECISION OF THE BUILDINJG H~SPECTOR ON APPLICATION FOR PERMIT NO ........................... : ....... DATED ........ ..~_...~..~....,. WHEREBY THE BUILDING INSPECTOR DENIED TO / Finn & Barbara Jansen Name of Applicant for permit of .....' ............................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Variance ~ ~/' ~: ~ ~ 1. LOCATION OF THE PROPERTY ........................................................... ~..g..r..i.T.~.e..s..i..d..-. ................. Street Use District on Zoning Map Lois 3 & 4 "~Iap of ]3astwood ]3si[ties, Fleet~s Neck, L[~ap # 3683 Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the ArticJe Section, Sub- section and Paragraph of the Zoning Ordinance by number· Do not quote the Ordi,nance.) Art III Section ~;-: 100-30 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for ( :~ A VARIANCE t~o theZoning Ordinoncq 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 ~a~)p;~3-1 no-t)- been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a speciaJ permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) x) ) ts requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form ZB1 (Continue on other side) REASON FOR APPEAL Continu~ 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because to deny the variance wo~ld crate one oversized parcel out of keeping with the rest of the neighboohood~ Applicants seek to baild a home only on one lot~ 2. The hardship created is UNIQUE and is not shared by all properties a~ike in the immediate vicinity of this property and in this use district because other lots irt thc sbtb~iyiSiOn are in single and separate ownership. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER oF THE DISTRICT because other lots in the subjdivision are in si~gle and separate ownership, The variance is necessitated by reason of the fact that lots 3 and 4 are contiguous and are in common ownership. The variance would only create two parcels. To deny the variance wo~Ld creale one lot twice the size of other lots in the neighborhood. STATE OF NEW YORK ) ) ss COUNTY OF ;Suffol~ ) Gary . ]Esq as attorney Sworn to this , 8th day of .......................... ?..t ........................... 1974 otary Pu-blic FO~M ~0.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLEP~K'S OFFICE SOUTHOLD; N. Y. NOTICE OF DISAPPROVAL ........ ~~..~ ............... ~ar permi~ to con~t~..~:~ ....... at the premises Jacated at .................................... r~~pproved on the following grounds ..... ~...~....~..~ .~.~.~..~....~.s.~....¢...~.¢..~...~.~....~ ........ ~ ....................................