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HomeMy WebLinkAbout1823 TOWN OF SOUTHOLD, N~W YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1823 Dated August 9, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To ?.LS.T. Construction Corp. Riddle Country Road [¥1attituck, New York Appellant at a meeting of the Zoning Board of Appeals on August 30, 1973 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 v ('~) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEt~ION. 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 cor,~med because 7:45 P.i.i. (E.S.T.), upon application of ;~i.S.T. Construction Corp., Middle Country Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and 304, for permission to reduce average setback on corner lot. Location of property: Lot #2, Saltaire Estates, Mattituck, New York. Fee paid ~15.00. 2. VARIANCE. By resolution of the Board ~t was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because S~E REVERSE practical difficulties or unnecessary (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 distric~ because SEn, R~,VERSa (c) The variance (does) (does not) observe the spirit of the Ordinance an~. (would) change the character of the district because SEE RaVERoa (would not) 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 ~ORM ~~pp~a[~ ~ Marjorle~:.cDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to reduce average setback on corner lot, Lot #2, Saltaire Estates. 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, Di.S.T. Construction Corp., Eattituck, be GRANTED permission to reduce average setback on corner lot, Lot #2, Saltaire Estates, as applied for, subject to the following condition, That the house shall be located no closer than 50 feet to Soundview Avenue, and no closer than 40 feet to Salta~.re ~ay.. Vote of the Board~ Ayes,- I.;essrs, Gillispie, Bergen, Hulse, Grigonis. L~AL Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southoid~ Suffolk County~ New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold~ at the To~¢n Office, Main Road, Southold, New York, on August 30, 1973, on the following appeals: 7:~ P.M. (E.D.S.T.)~ upon aoolication of M.S.T. Constructio~ Corp., Middle Country Road~ Mattituck~ for a variance in accordance with the Zoning Ordinance, Article III~ Section 303 and 30~ for permission to reduce average setback on corner lot. Location of property: Lot ~2, Saltaire Estates, Mattituck. 7:~ P.M. (E.D.S.T.)~ upon application of Kenneth Watson, Midland Place, East Marion~ New York, for a variance in accordance with the Zoning Ordinance, Article iII~ Section'30~ for permission to erect part of 6~ fence in. front yard area (lot has 3 (three) front yards). Location of property: Lot ~+8~ Marion Manor, East Marion. 8:10 P.M. (E.D.S.T.)~ upon application of Edward Cielatka, S~nmit Road~ Southold~ New York~ for a variance in accordance with the Zoning Ordinance, Article III~ Section 300 C-2 & Section 302 for permission to have swimming pool in side yard. Location of property: Lots ~ 27 & 28, Bayside Terrace, Southold. ~egal Notice Page 2 8:2~ P.M. (E.D.S.T.)~ upon application of William Grefe~ New Suffolk Avenue~ New Suffolk~ New York~ for a special exception in accordance With the Zoning Ordinance~ Article IX, Section 900 as refers to Article VIII~ Section 800 B-4~3 and Article IX Section 900-8 for permission to operate building contractor yard and to manufacture and store concrete products. Location of IlProperty: New Suffolk Avenue, New Suffolk, bounded north by L.B. Glover~ Jr.: east by Cox Lanes south by B. Harris; west by L. ~Glover, Jr. 8:40 P.M. (E.D.S.T.), upon application of~Arthur J. Bujnowski Surryhill Place, Huntington~ New York~ for a variance in ccordance with the Zoning 0rdinance~ Article III~ Section 300 C~ ~ Article IX, Section 900-~6~ for permission to opperate airfield ~nd airplane storage in "A" Zone District. Location of property: S/S Main Road~ Peconic bounded n~erth by Main Road~ east by P. genzel; south by Leslie Road; west by A. Krupski. 9:00 P.M. (E.D.S.T.), upon application of Vito Randazzo, ~ James Street, Patchogue, New York~ for a variance in accordance with the Zoning 0rdinance~ Article III, Section 301 ~nd the Bulk Schedule for permission to divide lots with less than 'equired area · Location of property: Lots ~3,~ and ~, Cedar Beach Park, Southold. 9:10 P.M. (E.D.S.T.)~ upon application of MattituckoInlet tarina, Mill Road~ Mattituck, New York, for a special exception .n accordance with the Zoning Ordinance, Article VI~ Seciion 600 C .i~ & Article XV~ Section l~01 for permission to maintain roof ~ign on building. Location of property~ W/S of Mattituck Inlet, ~attituck~ bounded north by J.R.Holmes$ east by Mattituck Inlet~ ~outh by Lot P~ Shore Acres; west by J. Leo Grande and M.Chudiak. NOTf6~ OF H~ARINGS Ptucsuant to Section 26? of the T~ ~w ~d ~ ~s of the ~d~ B~ ~ne Or- dure of ~e To~ of ~thold, ]ic hea~gs will ~ hem ~ ZO~ ~ of Ap~ of ~ef To~ of ~u~old, at the Yor~ on Aug~ 3~, 1~, on foHo~g ap~: ~n ~., Midge ~ ~d, ~d ~ f~ ~n ~ ~uce~ · ~e ~ck ~ ~er lot., ~ ~ ~ttituc~ York, f~ m v~ ~ a~rd- in f~nt ~a~ ~a ,(lot h~ (t~e) f~nt ~s.) ~tion of ~it ~, ~uthold, New ~l~ ~ for ~on to~ ~cation of ~ro~rty: ~ old. plieation of WHHam O~fe, New, 8~olk Avenue. New Suffolk, ~on to operate buildi~ ~s; west by L. Clover, Jr. pli~tion of ~thur J. ~rd~nce with the Z~g Ordi- "A' Zone DMtriet. ~ati~ of acute ~unded north by ~in by ~slie R~d; w~t by A. ~- Y OF SUFFOLK OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, soys is the Editor, of THE LONG ISLAND ER - MA'I-I'ITUCK WATCHMAN, o public news- inted at Southold, in Suffolk County; and that .~ of which the annexed is o printed copy, has been ! in said Long Island Troveler-Mottituck Watch- of property: W/S of Mattituck ~ each week for ....... weeks/ Inlet. Mattituck. bounded north '" ~ by J.R. Holmes; east by Matti- ~...~ ~.. tuck Inlet; south by Lot P, ;{Y, com~m~menc/no/~)n the ..................... Shore Acres; west by J. Leo ~ ~.~,~ ..,~,~.~/~/~y~..~. Grande and M. Chudiak. ' ........ ,,~ .... plication of Henry Walsh, Pri- vate Road, Fishers Island, for a variance in accordance with the ................... Zoning Ordinance, Article IH, Section 301 and the Bulk Sched- ule for permission to divide property with less than required area. Location of property R.O.W. off S/S Ave. B, Fishers Island bounded north by Lend~ of Henry Zabohonski & Another; east by Jane DuPont; south by Land of Henry Zabohonski & Another; west by G. Repanti Others. 9:40 P. M. (EDST), upon ap- plication of Guido Ciacia, Main Road, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article IIll, Section 301 and the Bulk Schedule as applies to Article IV, Section 600A for per~lssion to set off single lot with less tha~u required area. Location of prop- erty; Lot No. 176, Amended map of Peconie Bay Estates. Green- port, New York. 9:50 P. M. (EDST), upon ap- plication of Brian Lynch, R.D. 1, Box 21E, Mattttuck, for a vari- ance in accordance with the Zen- in{{ Ordinance, Article Ill, Sec- tion 300 C, & Article IX, Sec- tion 9~0-46 for permlssio~ to operate Aerial Spraying service in "A" District. Location of property: I~/S of Ore~on Road, Mattituck, bounded north by I. Sound; east ~y Rose H. Baer; south by Oregon Road; west Grafic Arts Management Corp. Any person desiring to bo heard on the above applicatidns should appear at the time a~d place above specified. Dated: August 17, 19'13 ' ~ ORDER OF SOu'rl-lOI~D BOARD OF APPF~I~ Sworn to before me this .......(;,~..~... ....... day of ...... .... ....... AD£LE PAYNE Notary Pu!dic S!ate of New York ResJdJn:~ in Sulf01k County I;o 52 3041000 NOTICE OF HEARINGS · Pursuant to Section 2~7 of the Town I~w and the prOvi~i~s 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 30, 1973, on the following appeals: w -- ~ 7:45 P.M. (E.D.S.T.), upon application of M.S.T. Con- struction Corp., Middle Country Road, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and 304 for permission to reduce average setback on corner lot. Location of property: Lot No. 2, Saltaire Estates, Mattituck. 7:55 P.M. (E.D.S;rJ, upo~ application of Kenneth Watson, Midland Place, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305 for permission to erect part of 6' fence in front yard area (lot has 3 (three) front yards). Location of property: Lot No. 48, Marion Manor, East Marion. 8:10 P.M. (E.D.S.T.), upon application of Edward Cielatka, Summit Road, Scuthuld, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 300 C-2 & Section 302 for permission to have swimming pool in side yard. Location of property: Lots No. 27 & 28, Bayside Terrace, Southold. 8:25 P.M. (E.D.S.T.), upon application of William Grefe, New Suffolk Avenue, New Suf- folk, New York, for a special exception in accordance with the Zoning Ordinance, Article IX, Section 900 as refers to Article VIII. Section 800 B-4, 3 and Ar- ticles IX Section 900-8 for per- mission to operate building contractor yard and to manufacture and store concrete products· Location of property: New Suffolk Avenue, New Suf- folk, boeaded north by L.B. Glover, Jr.: east by Cox Lane, south by B. Harris; west §y L. Glover, Jr. 8:40 P.M. (E.D.S.T.), upon application of Arthur J. Bujanwski, 6 Surryhill Place, Huntington, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C, & Article IX, Section 900-46, for permission to operate airfield and airplane storage in "A" Zone District. Location of property: S-S Main Road, Peconic bounded north by Main Road; east by P. Wenzel; south by Leslie Road; west by A. Krupski. 9:00 P.M. (E.D.S.T.)~ upon application of Vito Randazzo, 54 James Street, Patchogue, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301 and the Bulk Schedule for per- mission to divide lots with less than required area. Location of property: Lots No. 3, 4, and 5, Cedar Beach Park, Southold. 9:10 P.M. (E.D.S.T.), upon application of Mattituck Inlet Marina, Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article VI, Section 600 C ii, & Article XV, Section 1501 for permission to maintain roof sign on building. Location of property: W-S of Mattituck Inlet, Mattituck, bounded north by J.R. Holmes; east by Mattituck Inlet; south by Lot P, Shore Acres; west by J. Leo Grande and M. Chudiak. 9:25 P.M. (E.D.S.T.), upon application of Henry Walsh, Private Road, Fishers Island, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area. Location of property: R.O.W. off S-S Ave. B, Fishers Ialand bounded north by Lands of Henry Zabohonski & Another; east by Jane DuPont; south by Land of Henry Zabohonski & Another; west by G. Repanii & Others. 9:40 P.M. (E.D.S.T.), upon application of Guido Ciacia, Main Road, Greenport, New York, for a variance in accordance with the Zoning ordinance, Article III, Section 301 and the Bulk Schedule as applies to Article IV, Section 600A for permission to set off single lot with less than required area. Location of property: LOt No. 176, Amended map of Peconic Bay Estates, Greenport, New York. 9:50 P.M. (E.D.S.T.), upon application of Brian Lynch, R.D. 1, Box 2!E, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C, & Article IX, Section 9O0-46 for permission to operate Aireal Spraying service in "A" District. Location of property: N~q of Oregon Road, Mattituck, bounded north by L.I. Sound; east by Rose H. Bear; south by Oregon Road; west Grafic Arts Management Corp. ANY PERSON DESIRING TO BE HEARD ON THE ABOVE APPLICATIONS SHOULD APPEAR AT THE TIME AND PLACE ABOVE SPECIFIED· Dated: August 17, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ' SUFFOLK, ] NEW YORK. ~ss: t..~..I~Q~,v. ................ being duly Sworn. ~1~... is Printer and Publisher of the SUFFOLK IMES. a newspaper published ~ G~n~rt. in sffid ~at the noti~, of which ~e anne~ is ~ print~ ~en published in the ~d Suf~lk W~k~ T~es ~h w~k, ~ ........ ~P~ ................ w~ks f ~mmencing on ~e . .~~ ............. ~g~:~~ ~-~,~ 19..7.3 ~:.~ .~ ~;~. ~.:../ · . .- ..................... ~[~e me this ~..> ....... l . .'..,,,,,., '.::-:.... · · FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL£RK'S OFFICE SOUTHOLDL N. Y. NOT~CE OF DISAPPROVAL File No ................................................................... Date ......................................................... 19 ........ PLEASE TAKE NO'I'J, CE that yo%r application dated ............................... ~.. ................. , 1c) ........ far permit..to construct ........................................ at the premises located at .......................................... ~_.~dC' ......... ~q"~<~' ..................................................... UJ A.'/ Street ~' ~'-'' ~ - ' h Map ......... : ............................ ~ Bock Lot retu~ed herewith and disapproved on the following grounds ..... f.~((~.?..~.~.:.~.~.~.~Q ................. ...................... ~ ............... ~ ........... ~ ...... ~ .......................... ~ ................................................................. Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~'.Z3 DATE ..~..L..cJ../.!.3. ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appelloht Street and Number l~ ti tuck No Y. ........................................................................................................................ ~HEREBY APPEAL TO Municipality State ..................................... .............. Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (;~) Pc=mit to =educe ave=age setback on co=ac= lot. -1. LOCATION OF THE PROPERTY ...$.i.q..i!.~,i..e...w...,.l.-.v...~....,...~...;~,a..1..t.ai,=e .,~..a.7.......t' ..................... Street Use District on Zoning Map ........ ................. A ............... 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 Ordi~nance.) A=t. III ~ec 303 & 304 3. TYPE OF APPEAL Appeal is made herewith for (]i~) A VARIANCE to 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 A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such c~peal was ( ) request for a special permit ( ) re~luest 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 ~s requested for the reason that It is im~ossible to adhere to the ave=age set-back =equi=ement Po:rn ~,:~ (Continue on other~side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica~ difficulties or unneces- sary HARDSHIP because With the structure fronting on Saltaire l~ay obServence of the ordinance would result in a 9 ft, ~learnace to the ea~t~rly line'* 2. The hardship created is UNIQUE and [s not shared by all properties alike in the immediate vicinity of this property-and in this:use district because The adjoining lots on Saltaize Way are approximately 2~ ft. deep~ whereas, lot n~er 2 bein~ a corner l~t is o~ 1~ ft. dee~ oa (avezage is 65 f~.). ~at setback ~d ~ende~ lot n~e~ ~ ~buildable. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because A large setback is planned from ~ou~dview Avenue (70 The south~l¥ part of lot number 2 is ~ood~d and will question ad the remaining ~mes on Sataize STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this ..........~....t,.h...' ...................... day of .................... .A...a.~!....~..~ ...................... 19 73 FOR~ NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ......................................... 19 ........ Approved ........................................ , 19 ........ Permit No ..................................... Disapproved a/d-. ...................................................... :.r: ................................. Application No ................................. (Building Inspector) APPLECATION FOR BUILDING PERMIT Date ................................................. 19 ............ INSTRUCTIONS o. This application must be completely filled in by typewriter or' in ink and submitted in triplicate to the Building · .lnspectgr, with 3 sets of plans, accurate plot plan to scale. Fee according to sch&dule. ' :b. PIC~t~ ptan~sho~ving location of Jot and of buildings on prem'ises, re?otionship to adjoining premises or public streets o~ areas, and giving a detailed description of layout ofproperty mus~ b'e drawn on the diagram which is part 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 wi!J 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 Ordinanc~e, of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulo~ 0~,~, for the construction of buildings, additions or a tarot OhS, or for removal or demoht~on~ as here n descr bed. The appliCqnt agrees to comply w~ith 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 applicant, or name, if a corporation) .............................. ........................... State whether applicant is owner, lessee,:6gent; architect, engineer, genera] co~tractor, electrician, plumber or builder. ....... ; ........................................................................................................................................................................................ ~ ~. ~? [~ ame of owner of premises ~i'l'~'. ...................................................... Jf app[[cgnt is g corpfzrz~e, bignature of duly authorized o~-~icer. (No-he ond {~'f]e of eorporote officer) Builder's License No .... :..;.;..~ ........................................ .;. Plumber's License No ......................: .......................... Electrician's License No ............................................. Other Trede's License No ............................................... ~. ~'~/~' //~r/~-~ ~ ~.~' 1. Location of land on which propose~/work-will be done. M~p No.: ..................................... 7.. Lot No ......... P. .............. Street and Number ........ ..~..J~....~,.~.......~..~-'~,.~,.~....~.'~..~ ..... .~..~..'~,.~..~..~.~'~.....~ .................. Mun~c'ipality 2. State existing use and occupancy of premises and in.~e.qde8 use and occupancy of proposed construction: -- o. Exisiting use and occupancy ................................................................................................................................ b. ~tended use and occupancy ................................................................................................................................ 3. Nature of work (check which oF-- ~le): New Building .... ~.. Adc .................. Alteration .............. Repair ..................Removal .................. Demolition .................... Other Work ................................................... ..~ (Description) 4. Estimated Cost ...... ~ .............................. Fee (to be paid on filing this application) 5. if dwelling, number of dwelling units ............. ~, ............. Number of dwelling units on each floor If garage, Number of cars ................. ~L ........................................................................................................................ 6. If busine§s, commercial or mixed occupancy, specify nature end extent of each ~pe of use ....... ~I..,.~.,. ....... 7. Dimensions of existing structures, if any: Front ......... ~',.~...;~"~ear ................................ Depth .................... Height ........................ Numl~er of Stories ................................................................................................................. Dimensions of same structure' with alterations or additions: Front .................................... Rear ........................... Depth ................................Height ............................ Number of Stories ............. i ....... ~ .......... 8. Dimensions of entire new construction: Front ............ ~.~. ............ Rea- ......... ~..~..' ..........Dep,h~ ............ ~..~..~ Height ...... ~.~..~ ..... Number of Stories ..................... ~..'. ......... ~...L'~...o~..~.~. ........................................................ 9. Size of lot: Front ............. ~t.~ ..................................Rear .............~..~ ................. Depth .,.~..'~...,~¢ 10. Dote of Purchase ........................................................Name of Former Owner ..... d.~.o..~.,,',.~.,)~..~...~..~ 11. Zone or use district in which premises are situated ..................... !.~...~.....i..~.~...~'...~..~...~..~.~-!.~ .................... 12. Does proposed construction via!ate any zoning law, ordinance or regulation: ............... ~...~.....,..~. ........................ 13. Will lot be regraded .....~, .~.~--~ ............ Will excess fill be removed from premises: ( ) Yes 14. Name of Owner of premises.... ~.~.?..-~..~...~..~..~.?..~.~..~.?....~. Address ............................... Phone No..~..?..~,.~,~...~....~. Name of Architect ....... ~.~..~...~.~.,~....?...~...~...~..~..~.~.~.i.f:...~. $...~A~cJress t.~,~..~...~..~.,. ................ Phone No Name of Contractor ............................................................ Address ................................Phone No PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate aH set-back dimensions frot~ properb/ lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, Jc c ~'~ ' ~ COUNTY OF ................................ ~"'~ d oses and s~ys thot he s the (Name of individual signing contract) aoove 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; tha~ oil statements contained in this application ore true to the best of his know!edge ~d be!ia that the work will be performed in the manner set forth in the application flied therewith. Sworn to before me this ........................ day of ............................................ , ]9 ........ Notary Public, . ................................................... County (Signature of opp~icont)