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Home My WebLink About1866 TOWN OF SOUTHOLD, NEW YOEK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1866 Dated December 13, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Eugene & Sally Martens 161 Rockaw~y Avenue Garden ~City, New York 11530 1974 1973 Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance ~ ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION~ By resolution of the Board it was d~ermined ~at a speci~ exception ( ) be ~a~ed ( ) ~ de~ed pursua~ to Article .................... Section .................... Subsection .................... para.apb .................... of ~e ~ning Ordinance and the d~on of the Building I~pector ( ) be reversed ( ) bo confirmed b~anse 7:30 P.M. (E.D.S.T.), upon application of Eugene and Sally Martens, 161 Rockaway Avenue, Garden City, New York, for a Variance in accordance with the Zoning Ordinance, ' Article III, Section 305 -~Section 100-35 for permission to erect and maintain stockade fence of excessive'height. Location of property: S/S.Bay Avenue (Skunk Lane), Cutchogue, bounded north by Bay Avenue (Skunk Lane); east by Town of Southold & Cutchogue/New Suffolk Park District; south by Broadwaters Cove; west by A. Petrucci. 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 created (is) (is not) uulque 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 ~he 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 Inspe~.or ( ) be confirmed ( ) be reversed. Marjor~.e McDermott, Seeretar7 After investigation and inspection the Board finds that applicant requests permission to erect and maintain stockade fence (6 and 1/2 feet high) on the south side of Bay Avenue (Skunk Lane), Cutchogue. The Board finds that applicant has a non-conforming contractor's business bordering this property and wishes to screen out some of the non-conforming uses that occur. 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, Eugene & Sally Martens, 161 Rockaway Avenue, Garden City, New York, be GRANTED permission to extend 6 and 1/2 foot stockade fence 25 feet closer to the street, subject to the following condition: That the fence shall be located at least 50 feet back from the street line. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. 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 ~own Office, Main Road, Southold~ New York, on January.10; 1974 on the following ~appeals: 7:30 P.M. (E.S.T.) , upon application of Eugene and Sally Martens, 161 Rockaway Avenue, Garden Cit~, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305 - Section 100-35 for permission ~o erect and maintain stockade fence of excessive height. Locatlon of property: S/S Bay Avenue (Skunk Lane) and bounded north by Bay Avenue {Skunk Lane; east by Town of Southold & Cutchogue/ New Suffolk Park District; south by Broadwaters Cove; west by A. Petrucci. 7:45 P.M. (E.S.T.), upon application of Donald and Nancy Arcuri, 60 East 4th Street~ Patchogue, New York, for a variance to the Zoning Ordinance, Article IIi~ Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback and rear yard. Location of property: South side Lighthouse Road @ Long Island Sound; bounded on the north by Long Island Sound; east by G. & D. Anderson; south by G. & D. Anders!n; west by Lighthouse Road. 8.00. P.M. (E%S.T.), upon application of Gerard Goehringer, Sigsbee Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section t00-30 and Bulk Schedule for permission to divide property with insufficient frontage end'area. Location of proper~y: Sigsbee Road, Map of Mattituck Park Prop., Lots 46 and 47, Mattituck, New York. Any perso~ desiring to be heard on the~above appeals ,should appear at the time and place above specified. Deoember~2~,l~73 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provision~ of the Amended Building Zone Or- dinance of the Town of Sourly- old, 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, South- old, New York, on January 10, 1974 on the following apPeals: 7:30 P. M. (EST), uPon appli- ] cation of Eugene and Sally Mar- tens, 161 Rockaway Avenue, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305--Section 100-35 fol' permission to erect and main- rain stockade fence of excessive height. Location of property: S/S Bay Avenue (Skunk Lane) and bounded north by Bay Ave- nue (Skunk Lane); east by Town of Southold & Cutchogns/ New Suffolk Park District; south by Broadwaters Cove; west by A. Petrucei. '/:45 P. 1~. (EST), u~'a~]~ cation of Donald and Nancy Arcuri, 60 East 4th Street, Pat- chogue, New York, for a vari- ance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insuf- ficient setback and rear yard. Location of property: South side Lighthouse Road & Long Island Sound; bounded on the north by Long Island Sound; east by & D. Anderson; south by G; & D. Anderson; west by Lighthouse Road. 8;00 P. M. (EST), upon appli- cation of Gerard Gcehrlnger, S~gsbee Road, Mattltuck, ;New York, for a variance in accord- ance with the Zoning Ordinance. Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient frontage and area. Location of property: Slgsbee Read, Map of Mattituck Park Prop., Lots 46 and 4'/, Mattituck, New York. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: December 26, 19'/3 BOARD O1= APPEAI~ COUNTY OF SUFFOLK STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK 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 Zraveler-Mattituck Watch- man once each week for ........... 6,>.:.'./~.~..'.......~,, week~ ':/'" fl successiYelyf{~mrnen¢ing ~n~ the ................ ~.~..~. ........... day of ....... ~./~::~; .~..;..C~......~.../,~..;., ,.~.... / ...... ............... ........ Sworn to before me this ........... day of C - 'OTICE 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 Sauthuld, at the Town Office, Main Road, Southold, New York, on January 10, 1974 on the following appeals: ~ i7:30 P.M. (E.S.T.), upon ap- cation of Eugene and Sally artens, 161 Roekaway Avenue, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305 - Section 100-35 for permission to erect and maintain stockade fence of excessive height. Location of property: S-S Bay Avenue (Skunk Lane) and bounded north by Bay Avenue (Skunk Lane): east by Town of Southold & Cutchogue-New Suffolk Park District; south by Broadwaters Cove;~west by A. Petrucci. -- __ 7:45 P.M. (E.S.T.), upon ap- plication of Donald and Nancy Arcuri, 60 East 4th Street, Pat- chogue, New York, for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with in- sufficient setback and rear yard. Location of property: South side Lighthouse Road & Long Island Sound; bounded on the north by Long Island Sound; east by G. & D. Anderson; south by G. & D. Anderson; west by Lighthouse Road. 8:00 P.M. (E.S.T.), upon ap- plication of Gerard Geohringer, Sigsboe Road, Mattituck, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient frontage and area. Location of property: Sigsbec Road, Map of Mattituck Park Prop., Lots 46 and 47, Mattituck, New York. Any person desiring to be heard on the above appeals should appear at the time and ~lace above specified. Dated: December 26, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL ~,e No .................................................................. Dote ........................ ~..../...3......., ~9...~-~ PLEASE TAKE NOTICE that your applicotion dated ................ ~,L.C~.......L.~.. ........... , 19...~...~... ~¢or permit to construct .~~ .................................. ~ at the premises located at ...~ ....... L'"~ ......... :; ............... ~'~ ........... ~'"";;'""~'"'"7~' .... ~ ................ ~'"~ ~ ...... =.,.~ ~,,~ ~, o~.d o. ,. ,o ow,~.o~ ~, ...~ ........ ~....~ ......................... Building Inspector TOWN OF SOUTHOLD, HL~V YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO. l&~ DATE ~9~9~..~.,. 1973 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ~.u.g..e..n..~.....a....S..~..1.~.~....~;..t_~3.~. ............ of ..1.6.1,.l%Q,c/~,~...~,v.~,m.'~ ........................... Name of Appellant Street and Number ............. ..G..~...~.~.e..~....C]..i_.~.~ ..................................................... .~..~.~..~.o..:~ ....... HEREBY APPEAL TO Municipality State THE TON NG BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ...... §.7..~..O..~ ........... : ....... DATED ...J.~.1~....5.,...,~.~/.$. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .. ~. 1...~o. ckawalr.. ~v. er~ue..... ~ardeu.. ~i~y. ............ ~ew...Y~rk ................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY x) Erect and mazntazn stockade fence-4 ft. front yard and 6 ft. 1. LOCATION OF THE PROPERTY ..~../...~.....~..a.~.,...~.y..e..~.~.,e., ~.~...~..~..~...~.....~.~.r.),....O.,~,..~..q.~..o..cj,~..e., ............ Street Use District on Zoning Mop 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 Ordinance.) Article III Section 305 Sub. a as amended 5/29/73 3. TYPE OF APPEAL Appeal is made herewith for (x) 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 ~11~) (has not) been made with respect:t0'thi~'d~ision af the Buildihg IhspeCtor or with respect to this property. Such appeal was.( ) request for a special permit ( ) request for o'variance and was made in Appeal-No..:.,.i..: ........ i .......... :..Dated .................... :....;..........:.,.;;.....~., ,;:..;.; ........... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Js requested for the reason that Form (Continue on other side) REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE wou~d produce practical difficuJties or unn~ces- san/ HARDSHIP because 2. The hardshi;~ created is UNIQUE and is not shared by aI[ properties alike in the immediate vicini~'y of this property and in this use district because 3. The Variance wouid observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The existence of the present fence does not violate any substantive rights of any future occupant of the adjoining premises rather it adds to the esthetic beauty of %he present dividing privet hedges by being of uniform height and symmetry with them. The present adjoining owner has openly declared that he has no objection to the present fence. It is definitely not to be classed as a "spite" fence, but simply to carry out the architectural overall effect of a continuation of the natural privet boundary, and to assure privacy to occupants on both sides of the boundary. It does not unreasonably obstruct any light or other easement. STATE OF NEW YORK ) Sworn ro this .................................. Notary Public ,..,__ AT CUTCHOGUE TOWN SUFFO SCALE SEPT. J£N. l: SOUTHOLD COUNTY, !970 EUGENE~.J~.~ ~ALLY MARTENS $O~T~OL~