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HomeMy WebLinkAbout1797TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1797 Dated Jume 2, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Philippe Maitrejean Box 888, Sound Avenue Hattituck, New York Appellant at a meeting of the Zoning Board of Appeals on Jttllo 28, 1973 was considered and the action indickted below was taken on your ( ) Reqt~est for variance due to lack of access to property ( ) Request for, a special excep{ion under the ~oning Ordinance (X) Request for a variance to the Zoning Ordinance the appeal ( ) 1. SPECIAL EXCEPTION. By resolution of the Board it ' was determinec~ that a special exception ( ) be grante~ ( ) be den~ed pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning-Ordinance and the dec, ision of the Building Inspector ( ) be reversed ( ) be confirmed because 7 s/~O P.M. (E*'S*~.), upon application: of Philippe Mattrejean, Box 888, Sound. A~eaug, Mattituck, for a ~a~ianee in accordance w~th the Zoning OrdJ.~*~ce, Article TII,: Section ~O1e ' ,and the Bulk Schedule, flor per~4ssion te d~vide lots with less · than required a~ea; I~cation of property~ north side Ruth Road, Msttituck, ,b~undsd north by'Lon~ Island Sound~ east by B. Yrselandj. south by Ruth Road (l~ivate Road)~ axed yest ,by A*: Joos and ano, 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 SEE REVERSE practical difficulties or unnecessary (b) The hardship created (is) (is not) uoique 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 ~E (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) chan~e the character of the district because SEE RElrERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous deeisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 APPROVED ~ ~ ~", · .,~ , ~.~ ZONING BOARD OF API~ALS After investi~ationand inspection the Boerd~fi~ds that applic~nt requests permission to divide lots with less than required ~ea 9n the'north side 0f Ruth Road~ ~ttituck~ New York. ~e Bo~d finds t~t the property is 197.'~~ ~de ~n Ruth Road~ extendi~ for 1~193.~?0~ on ~ Isled So~ ~ 1~1~3,62~ o~ the westerly bo~ a to~ of ~.1~ ~cres. ~ter division there wo~d be t~ lots of approxi~tely 2~ acres eaoh~ each ~i~ approxi~tely 100~ of road frontage, ~e ~ard a~ees ~th ~e measo~ of the appl~c~t subject ~o oo~t~ons. The Boa.~l finds that strlct application of the Ordinance would produce practical difficulties or ,m~ecessaryh~dsl~p~ the l~rdsh/p created is ,,n~que a~d would not be sha~ed by all properties alike in the immediate vicinity of th~s property ~nd in thelsame' use district~ and the.v~rta3aco will aot chan~e the eJa~raotsr.of the ~e~ghborhoodf'andl-w~ll~obserVe/the,sp~t~Of~ THEREFORE IT WAS RESOLVED, Ph/lippe Maitre Jean, ~Box 888, ' ,Sound Avenue~ M~ttitUck~ be.~RANTED .permisSion ~9: d~v~e :lots with less th~n required ~rea on the north. Si~e of I~lth~Road~.M~ttituok~ New York, as applied for, subject to the followin~ conditions~ 10' T~t any buildincs or in~rovements on either of the lots to be created sh~ll be located at least 100 feet from the most southerly portioH ef the So~nd bluff Restrictions and covenants shall be pl&ced on these lots so that they m~y not be re-subd/vided in the futttrs~ and that a le~1 instrument~ recordin~ s~me~ sh~ll be filed with the Suffolk 0ount~ Clerk& The applic~.t shall show the B~erd of Appeals evidence of le~l instrument havin~been recorded. Any question of interpret~tien on where the most southerl~ portion of the Sound bluff line is located sh~ll be refezTed to the Southold Town Bo~rd of Appeals,' Vote of the Ayes~- Mesers~ Gilliepie, Bergen, Hulse, LEGAL NOTICE Notice of Hearings 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 June 28, 1973, on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of John Charnews, Main , Southold, for a variance in accordance with the Zoning · Article III, Section 301 and the Bulk Schedule, for Ipermission to divide lots with less than required area and frontag~ Location of property: west side Oaklawn Avenue, Southold, bounded by School District #5; east by Oaklawn Avenue; south by Boken and others; and west by L. Boken and others. 7:40 P.M. (E.D.S.T.), upon application of Philippe Maitrejean, 888, sound AVenue, Mattituck, for a variance ~n accordance the Zoning Ordinance, Article III, Section 301 and the Bulk ~chedule, for permission to divide lots with less than required ~rea. Location of property: north Side Ruth Road, Mattituck, north by Long Island Sound; east by B. Vreeland; south Ruth Road (Private Road); and west by A. Joos and ano. 7:50 P.M. (E.D.S.T.), upon application of James and Margaret Boytan, 11 Gedney Avenue, Smithtown, New York, for a variance in with the Zoning Ordinance, Article III, Section 301, Bulk Schedule and Article XVII, Section 1702, for permission t¢ dWelling in subdivision Cleaves Point, Section III, which not on approved list and lot does not have sufficient width or Location ~f property: Lot ~73, Map of Cleaves Point, ~tiOn III. Legal Notice Page 2 8:00 P.M.(E.D.S.T.), upon application of Joy Finkie and Millie Messeri, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and the Bulk Schedule, for permission to operate a second business (Take-out Deli) on same premises with a public garage. Location of property: north side Main Road, Orient, bounded north by H. Schmidt; east by H. Schmidt; south by Main Road; west by H. Terry Estate. 8:30 P.M.~ (E.D.S.T.), upon application of George Ahiers and Barry Hellman, Cutchogue and Southold, New York, respectively, for a special exception in accordance with the ~oning Ordinance, Article V, Section 500,. Subsection B-l, for permission to erect multiple dwellings. Location of property: west side Youngs Avenue, Southold, bounded north by D. Charnews; east by Youngs Avenue; south by Long Island Rail Road, Maier, Averett, Kaelin an( others; and west by R. B. Grattan, WetkowSki and others. 8:45 P.M. (E.D.S.T.), upon application of George Ahlers and Barry Heliman, Cutchouge and Southold, New York, respectively, for a variance in accordance with the Zoning Ordinance, Article V Section 502, for permission to construct multiple dwellings with some buildings over 125 feet in length. Location of property: west side Youngs Avenue, Southold, bounded north by D. Charnews; east by Youngs Avenue; south by Long Island Rail Road, Maier, Averett, Kaelin and others; and west by R. B. Grattan, Wetkowski others. 9:00 P.M. (E.D.S.T.), upon application of Carl H. Schooff~ Hobart Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide lots with dwellings which Legal Notice Page 3 do not have sufficient area or frontage. Location of property: Hobart and Old Shipyard Lane, Southold, Lot ~4!, Map of Founders Estates. 9:10 P.M. (E.D.S.T.), upon application of Wilbur Kaiser, Horton Lane, Mattituck, New York, for'a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area and frontage. Location of property: south side of Horton Lane, Mattituck, bounded north by Horton Lane; east by C. Sanders; south by North Fork Baptist Church; west by North Fork Baptist Church. 9:20 P.M. (E.D.S.T.), upon application of Anna Maria Pfutzner Pine Tree Road, Cutchogue, New York, 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 and frontage. Location of property: Part Plot %124 Map of Nassau Farms, Cutchogue, New York. Any person desiring to be heard on the above appeals should appear at the time ~nd place above specified. Dated: June 15, 1933 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JUNE 21, 1973, AND FORWARD NINE OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. NOTICE OF HEARINGS Pursuant to Section g67 o! the Town Law and the pr0vi~iol the Amended Building Zon5 ~,.- dinanee of the Town of ~outh- old, Suffolk County, New York, public hearin~gs will be held by the Zoning Board of Appeals of the Town of Southold, ak the Town Office, Main Road, South- old, New York, on June 28, 1973, on the following appeals: '/:30 P. M. (EDST), upon ap- plication of John Charnews, IV~in Road, Southold, for a variance inl accordance with the Zoning Ordina~lce, Article III- Section 301 and the Bulk Schedule, for permission to divide lots with lessthan required area and front- age. Location of property: west side of Oaklawn Avenoe, South- old, bounded north by School District No. 5; east by Oaklawn Avenue; south by L. Boke~ and others; and west by L. B~ken and others. 7:40 P. M. (EDST). upon ap- Mattituck, for a variance in ac- cordance with the Zoning Ordi~ nance, Article III, Section 301 and Bulk Schedule, for permis- sion to divide lots with less than required area. Location of prop- erty: north side Ruth Road, Mat- tituck, bounded north ,by Island Sound; east by B. Vree- land; south by Ruth Road (Pri- vate Road); and west by A. Jcos 7:50 P. M. (EDS plication of James and Margaret Boylan, 11 Oedney Avenue, Smithtown, New York, for a var- iancein accordance with the Zon- ing Ordinance, Article III, Sec- tion 301, the Bulk Schedule and Artice XVII, Section 1702, for permission to construct dwelling in subdivision Cleaves Point, Sec- tion III, which is not on ~pproved list and lot do~s not have suf- ficient width or urea. Location of property: Lot No. 73, ~ap of Cleaves point. Section III. $:00 P. M. /EDST~, upon ap- plication of Joy Pinkle and Mil- lie Messeri. Main Road, Orient, New York, for a variance in ac- cordance with the Zoning Ordi- nance. Article VII. Section 701 and the Bulk Schedule. for per- mission to operate a second busi- ness (Take-out Deli) on same premises with a public garage. Location of property: north side Main Road, Orient, bounded north by H. Schmidt; east by R. $chmidt; south by Main Road: west by H. Terry Estate. 8:30 P. M. IEDST), upon ap- plication of George Ahters and Barry Hellman, Cutchogue nnd Southold, New York, respectively. for a special exception in accord- ance with the Zoning Ordinance, Article V, Section 500, Subsec- tion B-1. for permission t,o erect multiple dwellings. Location oI property: west side Youngs Ave- COUNTY OF SUFFOLK STATE OF NEW YORKt ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK 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 Traveler-Mattituck Watch- man once each week for ..... .-~.~.....(...~.../... week~ successively, commencing on the ............................... day of .................... Sworn to be{ore me this ...... ~.....~.. ......... day of NOTICE OF HEARINGS Ptwsuant to Secti~m 267 of the Town Law and the provielans of the Amended Building Zone Ordinance of tho Town of Southold, Suffolk County, New York, public hearings will be held by the Town Office, Msin Road, Southeld, New York, o,~ June 28, 1973, on the foliowing~ appeals: 7:~0 P.M. (E.D.S.T.), upon application of John 'Clmrnews, Main Road, Southold, for a variance in accordance with the Zoning Ordinance, Article HI, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area and frontage. Location of property: west side Oaklawn Aveaue, Southnld, bounded north by School District No. 5; east by Oaklawn Avenue; south by L. Bokan and others; and wear by L. 7:40 . application of Philippe, Maitrejean, Box 888, Sound Avenue, Mattituck, for a variance in accordance with the Zonin~o Ordinance, Article HI, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area. Location of prope~y: north side Ruth Road, Mattituck, bounded nc~th by Long Island Sound; east by B. Vreeland; south by Ruth Road (Private Road); and west by A. Joes and 7:50 P.M. (E.D.S.T.), upon application of James and Avmue, Smithtown, New York, for a variance in accordance with S~c. tion ~01, the Bulk Schedule and Article XVII, Sect~ce 1702, for oermission to construct COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ........ $.~.~.~..~....~.?~.~.n .............. being duly Sworn, s~s that . ~... is P~int~r and Publisher of ~e SUFFOLK W~KLY TIMES, a new~p~r pub~sh~ ~ Gr~n~rt, in s~d countw and ~at t~ noti~, of which ~e an~e~ is ~ pr~t~ ~py, ~s ~en published in the ~d Suf~lk W~k~ Times once in ~ach w~k~ ~ ........ ~ ................ w~ks suc~ssiv~ly ~mmencing on ~e ...... ~~ ........ d~ of ~e me this . .~ ..... S~ to ,/ / " ................ ',~ ~OIA,~Y PUBLIC OF NEW YORK Res~fm~ rn Suffolk County My Comrn~ssron TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Do~e ............... ~,., ./. ................................... , )c/ ........ To Z ........ ......... ~j....~ ............................... x.~,..~ ......... ....... X~., .............. ~....;~:~ ................................ PLEASE TAKE N ~.CE t t o r o cation doted ................................................... ....... for permit t~ construct ........................... ot the p~,m ses b~te~t ................................... .................................................................... Street' ~ ~' ' .... Map ........................................ Block Lot .......... ........................................x"2T~-5~ ....... ~,~-~'"~ ..... ~r", ~u a~ w~ and d Sapprove~n the follow ng grounds ......./~ ................... ......... .Li~:~Y.i:'i';..2:... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL-FROM DECISION OF BUILDING INSPECTOR '1'O THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We).. /.~/.'3,...,~...~....~...,.~.j..~...~..~.~..~J~,..,....._of . ..... Nbme of Appella,nt Street and Number ..... '/'~'~' "~"~"/"~'"~"'~'/"~"? ..... '~":'~' ............................................... '~"';Z ..........HEREBY APPEAL TO Municipality THE ZONING BOARD, , OF APPEALS FROM THE DECISION OF THE~LBUlLDING, INSPECTOR, ON APPLICATION FOR PERMIT NO ..................................... DATED .... ~)..~.~'.;....~...~..~.~ ....... WHEREBY THE BUILDING INSPECTOR DENIED TO !'/ Nome of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 'l. LOCATION OF THE PROPERTY ~..~.~. 'Z Z~.. /~,.. . ~,/...~J~./, 7.././. ~.../..~ ...... 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 Zoning Ordinance by number. Do not quote the Ordi,nance.) TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordin.o.nce or Zoning Map A VARIANCE due to lack of access (State of New York Town Low chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4.. PREVIOUS APPEAL A previous appeal (has) (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 3 '~'A Variance to the Zoning Ordinance ) requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica[ difficulties or unneces- sary HARDSHIP because ~'~, 7~of/.~ ~f~ /~' ~0 ~.~ ~-~ /,4/ 2. The hardship created is UNIQUE and is not shared by ali 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 and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 0 ~~~) ss ......... ',.~ .............................. ' ...................... COUNTY ) Signature Sworn to this .................. ......... ................. day of ..... ' ................... ........... / ..... . Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wlokham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyle June 28, 1973 Mr. Robert W. Gillispie, Jr., Chairman South~ld Town Board of Appeals Town Office Main Road Southold, New York 11971 Re: Application for variance for Philippe Maitrejean Property: Ruth Road, Mattituck Dear Mr. Gillispie: Mr. Maitrejean appeared before the Planning Board in regard to the subdivision of his property off Ruth Road, Mattituck into two lots, each having approximately 98 feet frontage. The Planning Board advised Mr. Maitrejean they could not approve any lots with less than the 150 feet frontage required by the Zoning Ordinance. Mr. Maitrejean indicated he would apply to the Board of Appeals for a reduction in the frontage requirements for the two lots. The Planning Board will recommend granting this variance if restrictions and covenants are placed on the lots that they can not ever be resubdivided and that a legal instrument covering same be recorded with the Suffolk County Clerk. Very sincerely, John Wickham, Chairman Southold To%rn Planning Board September 21~ 1973 Mr, Philippe ~aitreJean ~ox 888 Sound Ave, Mattituck~ New York 119~2 Dear Sirs On June 28, 1973 the Board of appeals approved the division of your property on North side of Ruth Road~ Mattituck~ New York~ in ~ction # 1797. This approval was eubjeet to your filing with the Co,muty Clerk~ a legal instrument or covenant that the property will not be further divided~ a copy of ssmie to be filed with the Board of ~?peals. To date we have uot received such a copy, Will you kindly submit t~e required document so we can close out o~r file. Yours truly~ fl. W. Gillispie~ Chairman Board of Appeals RWGsJk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHA)RMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD-5TAT£ ROAD 25 5OUTHOLD, L.I., N,Y, 119'7'1 TELEPHONE (516) 765-1809 December 2, 1983 Mrs. Judith T. Terry Southold Town Clerk Southold, NY 11971 Re: Appeal No. 1797 - Philippe Maitrejean Action Rendered June 28, 1973 Dear Judy: In rearranging and reorganizing files in our office today, I found the attached original decision signed by Marjorie McDermott, Secretary, and Robert W. Gillispie, Jr. Z.B.A. Chairman, July 19, 1973. There is no indication that this has ever been filed with the Office of the Town Clerk and therefore same is being submitted to you for your records. Yours very truly, Secretary Enclosure