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HomeMy WebLinkAbout1863"fro TOW~ OF SOUTHOLD, N~W YOI~K ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 18 6 3 Dated ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Joan and Russell Mann Oakwood Drive at a meeting of the Zon~g Bo~d of Appeals on Deoe~er 20, 1973 was consider~ and the action ~ca~ b~o~ was t~ on ~our ( ) Request for variance due to lack of access to prop~ ( ) Request for a special exception ~der the ~ning Ordnance (X) Request for a vari~ce %o the Zon~g Ordnance ( ) 1973 Appellant the appeal 1. SPECIAL EXCEPTION, By resolution of me Board it was determined thai a special exception ( ) be granfed ( ) be de~ed pursuant ~ Article ................... : Sect~n .................... Subsection .................... paragraph .................... ~ the ~ning Ordinance and Re ~eision of the Building Inspector ( ) be reversed ( ) be eo~med b~au~ 9:00 P.M. (E.S.T.), upon application of Joan & Russell Mann, Oakwood Drive, Southold for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk SChedule for~permissio~ ~0 divide lot with insufficient width and area. Location of property: Oakwood Drive, Southold bounded north by Christopher Street; east by Oakwood Driue; south by R. Osmer; west by P. McKercher. Fee paid $15.00. 2. VARIA/qCE. 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 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 Marjo~ie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide lot with insufficient width and area at Oakwood Drive, Southold. The findings of the Board are that applicant is the owner of two lots both of which are in conformity with the general character of the area. 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,. Joan and Russell Mann, Oakwood Drive, Southold, be GRANTED~permission~to divide_lot, with insufficient width and area located on Oakwood D=ive, Southold, as applied for ........... Vote of Grigonis. the Board: Ayes:- Messrs: Gillispie, Be~g'en, Hulse, Appeal No. ~,~ Dated To ~ ~ ~ ~%T~ at a meeting of the Zo~g Bo~d of Appe~s on ~ (~) Reques~ for a v~iance to ~he Zoni~ Or.anco ( ) Appellant the appeal 1. SPECIAL EXCFt~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 anct.the decision of the Building Inspector ( ) be reversed { ) be co~U~med because ~ t*.~t. ~.~Jl'.~, ~ ,~Xf~m~f,~ ~ ~ & ~ 2. VARIAzNCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (b) The hardship created (is) (is not) urJque and (would) (would not~ be shared by all properties alike in the hranediate vicinity of this property and in the same use disgrie% because (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the disirict because (would not) and llaerefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of tile Building Inspector ( ) be confirmed ( ) be reversed. FO2M ZB4 ) be denied and ZOlkrING BOARD OFAPPE%LS 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 o~ Southold~ Suffolk County, New york, public hearings will be held by the ~Zoning Bo~d~0f Appeals of the Town Of Southotd, at %he Town Office, ~Mai~n Road; Southold, New York, on December 20, 1973, on the ~ following' appeal s: 8:00 P.M. (E.S.T.) , .upon- application of Robert Neudeck~ Cox Neck Road, Mattituck, New York, for a variance 'in accordance with the Zoning Ordinance, Article III, Sec. 301 dwelling with r~ight of' way. for permission to set off iot and build insufficient width and area, and unapproved Location of'property:Right of way west side of Cox Neck'Road, Mattituck, New York bounded north by William ~hudiak~ east by Neudeck, Zabimsky; south by William Chudiak; wes~ by William Chudiak. 8:15 P.M. (E.S.T.), upon application of Charles & Rosemary Krut!, 144 Oceanview Road, East Rockaway~ New York, for a variance in accordance with the Zoning Ordinance, Article Section 100-30 and Bulk Schedule for permission to divide ~ot with less than required width and area. Location of property: ~ight Of Way S/S King Streett Orient, bounded north by Frey; eas~ by Willow Terrace Subdivision, Section I; south by Steedle~ west by Orient.Harbor. 8:30 P.M. (E.S~T.)~ upon application ~f Gasper Pisacano, ~edar Beach Road~Southold, for a variance in accordance with th~.Zon~ng Ordinance~ Art~e III, Sec.~100-30?& 100-31 and S~hedu~ for p~/~mission t~ divide iots wi~h insufficient area. L:ocation of.Property: Cedar Beach Road and Paradise Point by Weymouth; east by Heacock; Point Road. Legal Notice Page2 8:45 P.M. (E.S.T.)i upon application Of William Pappas, 2384 Lindenmere Drive, Merrick, New York, for a variance in accordance with the Zoning 0rdinance~ Article Iii, Section and Bu!k Schedule for permission to build one family dwelling with insufficien~ setback from road. Location of property: Private Right of Way - Beverly Road, Southold bounded north by W. Piedler; east by Beverly Road; south by MillCreek; west~by Mill Creek. 9:00 P.M. (E.S.T. , upon application Of Mann, Oakwood Drive, Southold for a variance in accordance with the Zoning Ordinancet Article III, Section 100-30 and ~1 .00~31 and Bulk~Schedule for permission to divide lot with ![~!l~i~d~a~o u d h ~c~~o~!~t h ; !~o~ ~e; south by R. Osmer; west by P. McKercher. Joan and Russell Any person desiring to be heard on the above appeals should appear at the time ~and place above specified. ~Dated December 7, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Low and the provisions of the Amended Building. Zone Ordinance of the Town of Seuthold, Suffolk Cmmty, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Seuthold, at the Town Office, Main Road, Seuthold, New York, on December 20, 1973, on the following appeals: 8:00 P.M. (E.S.T.), upon ap- plieation of Robert Neudeck, Cox Neck Road, Mattituck, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Sec. 301 and Bulk Schedule for permission tb sot off lot and build dwelling with insufficiont width and area, and unapprovcd right of way. Location of property: Right of way west side of CoX Neck Road, Mattituck, New York boanded north by William Chudiak; east by Neudcck, Zabimsky; south by William Chudiak; west by William Chudiak. 8:15 P.M. (E.$.T.), upon ap- plieatinn of Charles & Hazemary Krull, 144 0eaanview Road, East Rockaway, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permissiOn to divide lot with less than required width and area. Location of property: Eight of Way S-S King Street, Orient, boanded north by Frey; east by Willow Terrace Subdivision, Section I;'south by Steedle~ west by Oriant Harbor. 8:30 P.M. (E.$.T.), upon ap- plication of Gasp~ Pisacano, Cedar Beach Road, Seuthold, for a variance in accordance with the Zoning Ordinance, Article HI, Sec. 100-30 & 100-31 and Bulk Schedule for permission to divide lots with insufficient area. Location of property: Cedar Beach Road and Paradise Point Road, Southold, bounded north by Weymouth; east by Heacock; south by Cedar Beach Road; west by Paradise Point Road. $:S5 P.M. (E.S.T.), upon ap- plication of William Pappes, 2384 IAndenmere Drive, Merrick, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301 and Bulk Schedule for permission to build one family dwelling with insufficient setback from road. Location of property: Private Ri~ht of Way - Beverly Road, Southold bounded north by .W. Fiedier; east by Beverly Road; south by Mill Creek; west by Mill Crcek. ~ 9:00 P.M. (E.S.T.), upon ap- plication of Joan and Russell LEGAL NOTICE 5ann, Oakwood Drive, Seuthol~ 'for a variance in accerdance witl the Zoning Ordinance, Article IH Section 100-30 and 100-31 and Bull Schedule for permission to divide lot with insufficient width and area. Location of property: Oak- wood Drive, Southold bmmde/ north by Christopher Street; east by 0akwond Drive; south by R. Osmer; west by P. MeKeroher. Any person desiring to be heard on the above appeals should appeal at the time and place above specified. OF SUFFOLK, ] )F NEW YORK. ~ ss: J i.~tl~T.l;..C.....D.o, .rm,a.n. ........... being duly Sworn, ·..h.e... is Printer and Publisher of the SUFFOLK TIMES, a newspaper published ~t Greenport. in said nd that the notice, of which the ,~--exed is a printed Dated December 7, 1973 BY ORDER OF THE ~ been published in the s~fid Suffolk Weekly Times BOARD OF APPEALS :ich week, for ........ .o.rt.e...(.], ) .......... weeks successively commencing on the ........ .1.~..h ............. day of ..... .D.e.c.e..m~b..e..r ..... : t9.~.. Sworn to before me this .. ~1.3~]l... / / ............ NOTICE OF HEARINGS Pursuant to Sectiir~ ~ of the Town Law and the p~v~lsions of the Amended Buildi~ Zone Or- dinance of the Town of Southold, Suffolk County, New YorE, public hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on December 20, 1973, on the fo!lowing appeals: 0:00 P. M. (EST), upon app!i- cation of Robert Neudeck, Cox Neck Road, Mattituck, New York, the Zoning Ordinance, Article IlL Sec. 301 and Bulk schedule for permission to set off lot and build dwelling with insufficient right of way. Location of prop- erty: Right of way west side of Cox Neck Road, Mattituck, New York bounded north by William Chudiak; east by Neudeck, Za- bimsk.v; south by William Chu- diak; west by William Chudiak. 8:15 P. M. (EST), upon appli- cation of Charles & Rosemary Krult, 144 Oceanview Road, East i~H Ordinance, Article III, Sec- tion 100-30 and Bulk Schedule for permission to divide lot with lesa than required width and area. Location of property: Right of Way S/S King Street, Orient, bounded north by Frey; e~st by Willow Terrace Suddivision, Sec- tion I; south by Steedle; west by Orient Harbor. 8:30 P. M. (EST), upon appli- cation of Gasper plsacano, Cedar Beach Road, Southold, for a var- zoning Ordinance, Article III, Sec. 100-30 & 100-31 and Bulk lots with insufficient area. Loca- tion of property: Cedar Beach Road and Paradise Point Road, Southold, bounded north by motlth; east by Heacock; _~outh by Cedar Beach Road; west by paradise Point Road. 8:45 P. M. (EST), upon appli- cation of William Pappas, 2384 Lindenmere Drive, Merrick, New ance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to build one family dwelling with insuf- ficient setback from road. Loca- tion of property; Private Right of Way--Beverly Road, Southold bounded north by W. Fiedler; east by Beverly Road; south by Mill Creek; west by Mill Creek 9:00 P. M. (EST), upon appli-I cation of Joan and Russell I Mann, Oakwood Drive, SeuthoId the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to divide lot with insufficient width Oakwood Drive, Southold bound- ad north by Christopher Street; east by Oakwood Drive; souti~ by R. Osmer; west by P. McKercher. Any person desiring to be heard on the above appeals should ap- pear at the time and place above specified. Dated: December ~, 19~3 BY ORDER OF THE BOARD OF APPEAL5 COUNTY OF SUFFOLK ~ ss: STATE OF NEW YORK C. Whitney Booth, Jr., bein~ duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'FFITUCK WATCHMAN, a public news- paper printed o¢ Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island mraveler-Mattituck Watch- man once each week for ....... ~..~i.:~.~....~..~.~/... w~ek~ successively, commencing on the .................. ./...~......~..~.~. dayof .......... ..... ................................ Sworn to before me this Z./~. day of ............ FOEM NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date .................. ~_....~../.. ........... , 19....~...'-~ PLEASF TAK~: NOTICE that your applicafian dated ............................. ..~.......~.' ............ , 19...~.....~ Map ......... .~ ................... Block ....... ~ .............................. Lot ....~. ..................................... is ........ Building Inspecto~ TOWN OF SOUTHOLD, NEW YORK F APPEAL FROM DECISION OF BUILDING INSP_CTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We).~.°..~...~q.a....~:~..?-s...e..z..z,..~SR .............. Of oa~c~ooa Dr±ye Name of Appella,n.t Street and Number ...... f~.o.u.t, hp.l~. ................................................................... .~..e..~....¥..o.~..1S. ......... HEREBY APPEAL TO Municipality State .o ..................................... ........... - ............. WHEREBY THE BUILDING INSPECTOR DENIED TO ~ ( ) ( ) (x) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to aivide property I. LOCATION OF THE PROPERTY ........ ~akwDD. d..~ri~ ............. (~N.~..~i.~g.~ ............ 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.) Article III, ~100-31 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordina.nce 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 (l-~r,) (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 Varionce to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce prac?icaJ difficulties or unneces- sary HARDSHIP because applicants will be unable to make adequate estate planning provisions with respect to the disposition of their real property. Applicants would be unable in the future to dispose of the property separately. 2. The hardship created is UNIQUE and is not shared by all properties oJike in the immediate vicinity of this property and in this use district because most all lots in the area are similar in size to each of the lots in question. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it would make the lots conform to the rest of the lots in the area. STATE OF NEW YORK COUNTY OF SU~'~'OLK · ~// ? ~/Signature Sworn to this ..............................................day of .......~..~: .............................. 19 73