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HomeMy WebLinkAbout1703 TO~ OF SOUTHOLD, NEW YOILK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1703 Dated December 12, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Inez D. Moon South Cross Road Cutchogue, New York DATE ~T.~]~t.~.,..~, 1972 AppeHant 19 YJ at a meeting of the Zoning Board of Appeals on January 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 0[ ) Request for a variance to the Zoning Ordinance ( ) 1973 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be ~a~ed ( ) be de.ed pursuant ~ ~ticle .................... ~ction .................... Su~ec~on .................... para~aph .................... of the Zoning Ordinance and the decision of the Bufld~g Inspector ( ) be reversed ( ) be co~irmed because 8:00 P.M. (E.S.T.), upon application of Inez D. Moon, South Cross Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property'. Location of property: south side of South Cross Road, Cutchogue, New York, bounded north by South Cross Road; east by Platt; south by' Fraleigh; west by Fitzpatrick and right of way. Fee paid $15.00. 2. VAi~IANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (woudd not) produce practical difficulties hardship because SEE RE~ E~SE (b) The hardship created (is) (is not) umque 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 SEE REVERSE (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. S~E REVERSE A??J U ED . ZONI ~ -~) - ~"'f- / NG BOARD OF APPEALS ~nmrman uoam of Appe~ { Southold Town Board of Appeals After iuvestigatlon and inspection the Board finds that applicant requests permission to divide property on the south side of South Cross Road, Cutchogue, New York. The findings of the Board are that at the time applicant took title to Lots 5 and 6 each was a valid, legal building lot; all of the lots in the subdivision are in single and separate ownership and are of a similar size. 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 Inez D. Moon, South Cross Road, Cutchogue, New York, be GRANTED permission to divide, property on the south side of South Cross Road, Cutchogue, New York, as applied for. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, Grigonis, 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 January 4, 1973, on the following appeals: 7:30 P.M., E.S.T., Hansen, 4600 Westphalia Road, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section for permission to divide property. Location of property: %12, 13, 14 and part of 15, Map of Tollewood, upon application of Roy J. and Helen 301, Lots Mattituck, New York. 7:45: P.M., E.S.T., upon application of Edwin Waller Koroleski, Leslies Road, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of Property: north side of Leslies Road, Peconic, New York, bounded north by Lucas Pontino Estate; east by Indian Neck Lane; south by. Leslies Road; west by Rose Koroleski. 8:00 P.M., E.S.T., upon application of Inez D. Moon, South Cross Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permissior to divide property. Location of property: south side of South Cross Road, Cutchogue, New York, eas= by Platt; south by Fraleigh; way. bounded north by South Cross Road west by Fitzpatrick and right of Legal Notice Page 2 8:15 P.M., EoS.T., upon application of Farm View Building Co. Inc., 54 James Street, Patchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: Lots $3, 4, and 5, Map of Cedar Beach Park, Southold, New York. 8:30 P.M., E.S.T., upon application of Henry Zabohonski, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article IX, Sections 901 and 903 and Article XVII, Section 1700 Bulk and Parking Schedule, for permzssion uo construct new building in "C" Industrial Zone with insufficient side and rear yards. Location of property: west side of Central Avenue, Fishers Island, bounded north by Boyd and Ahman; east by Central Avenue; south by Fishers Island Utility; west by Fishers Island Ukitity. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: December 15, 1972 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, DECEMBER 21, 1972, AND FORWARD FIVE (5) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Legal Notice Page 3 Copies mailed to the following on December 15, 1972: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Mr. and Mrs. Roy Hansen Lefferts P. Edson, Esq., a/c Edwin Waller Koroleski Richard J. Cron, Esq., a/c Inez D. Moon and Farm View Building Co., Inc. Gordon Ahlers, a/c Henry Zabohonski NOTICE OF HEARINGS Pursuant to Section 267 or'he Town Law and the provisio' the Amended Building Zone ~'- dinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zon- ing Board of Appeals of the To;va o7 Southold, at the Town Office. Main Road, Southold, New York, on January 4, 1973, on the lowing appeals: 7:30 P. M. EST, upon appli- cation of Roy J. and Helen Hah- sen, 4600 Westphalia Road, Mat- tit~ck, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 301, for per- milsion to divide property. Loca- tion of property: Lots NO. 12, 13, 14 and part of 15, Map pi Tolle- wood, Mattituck, New York. 7:45 P. M., EST, opun app!i- caliph of Edwin Waller Koroleski. Leslies Road, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: north side of k~slies Road. Peconic. New York, bound- ed north by kucas Pontino Estate; east by Indian Neck Lane; routh by Leslies Road: west by Rose Koroleski. 8:00 P. M. EST, upon appli- cation of Inez D. Moon. South Cross Road, Cutchogue, New York. for a variance in' accord- ance with the Zoning Ordinance, Article III, Section 301. Ior per- minion to divide property. Loca- tion of property: south side of South Cr~s R~)ad. Cutchogue, New York, bounded north by South Cross Road; east by Plat~: south by Fraleigh: west by Fitz- and right of way. 9:15 P. M., EST, upon app~ cation of Farm View Buildir Co., Inc.. 54 James Street. Pat- chogue, New York, for a variance m accordance with the Zoning Ordinance, Article III, Sect!on 301, for permission to divide property. Location of property: Lots No. 3. 4, and 5. Map of Cedar Beach Park, Southo]d. New York. 8:30 P. M., EST, upon appli- cation of Henry Zabohonski. Fishers Island, Hew York, for a variance in accordance with the Zoning Ordinance. Article IX. Section 901 and 903 and Article XVII, Section 1700 Bulk and Parking Schedule, for permission to construct new building in "C" Industrial Zone with insufficient side and rear yards. Location of property: west side of Central Avenue, Fishers Island, bounded north by Boyd and Ahman; east by Central Avenue; south by Fishers Island Utility; west by Fishers Island Utility. Any per$orl desiring to' be heard on the aboVe'applications should appear at '~he time and place above specified. Dated: December 15. 1972 BY ORDER OF THE COUNTY OF SUFFOLK STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-rlTUCK 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 Troveler-Mottituck Watch- man once each week for ...... '(~'~... -(../...,.~. week/s/ successively, commencing on the ............... ~.~ ..... of ........ ........... ......................... >' ................. ;: .......... :~.2~. ............... Sworn to before me this ......... ~..~. ...... day of ......... ..... NOT1CE OF HEARINGS [ 301, for permission to divide property. Location of property: Pursuant to Section 267 of the / south side of South Cross Road, Town Law and the provisions of Cutchogun, New York, bounded the Amended Building Zone north by South Cross Road; east Ordinance of the Town of byPlatt;southbyFraleigh;west Soutbold, Suffolk County, New by Fitzpatrick and right of way. York, bublic hearings will be held 8:15 P.M., E.S.T., upon by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Soulhold, New York, on January 4, 1973, on the following appeals: 7:30 P.M., E.S.T., upon application of Roy J. and Helen Hansen, 4600 Westphalia Road, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: Lots No. 12, 13, 14 and part of 15, Map of Tollewood, Mattituck, New York. 7:45 P.M., E.S.T., upon application of Edwin Waller Koroleski, Leslies Road, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission lo divide property. Location of property: north side of Leslies Road, Peconic, New York, bounded north by Lucas Puntino Estate; east by Indian Neck Lane; south by Leslies Road; west by Rose Koroleski. 8:00 P.M., E.S.T., upon application of Inez D. Moon, South Cross Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section application of Farm View Building Co., Inc., 54 James Street, Palchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: Lots No. 3, 4, and 5, Map of Cedar Beach Park, Southold, New York. 8:30 P.M., E.S.T., upon application of Henry Zabohonski, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article IX, Section 901 and 903 and Article XVII, Section 1700 Bulk and Parking Schedule, for permission to construct new building in "C" Industrial Zone with insufficient side and rear yards. Location of property: west side of Central Avenue, Fishers Island, bounded north by Boyd and Ahman; east by Central Avenue; south by Fishers Island Utility; west by Fishers Island Utility. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: December 15, 1972 BY ORDER OF THE BOARD OF APPEALS UFFOLK. ~V YORK, ~ss: t..C.: .D.o..r~..an .............. being duly Sworn, .. is Printer ~nd Publisher of l~e SUFFOLK :S, a newspaper published ~t Greenport, in lmid d the noticg, o! which the annexed is ~ printed ~ published in the s~id Suftolk Weekly Times ,eek, for ...... .o~.~ .................. weeks ~mmencing on ille ..... t?.e.n.t.¥?~.i?.s.t. ........ :: :.: ........ rte me this !?~ Cc:~m '~,~i ~x:.I~s :,,~Ic;I 30, 19'~~ ~ FOEM NO. 3 ~' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL Fiile No ......................... $.~.0-~ ............................. Date ............................ ~.~,0...~[~, ............. , 19..~.~.. .... ~o~..C~.~ .. ~ .................................... ...~...~o~. ................................................... PLEASE TAKE NOTICE that your application dated ............ ~.....~ ................... , 19..~.. for permit to ~ ..~,~...~ ............. at the premises located at ......~.~.~ ......... Map .......~ ........................... Block ....... ~.~ ......................... Lot ......... ~ .................................. is ~~~isapproved on the following grounds ....... ~..~.~.,~...~S...2~ ..J.M0.~.~.0..2~..~..~ea ......... ~..J.)~...~.. f~c~ ................................................................ .................................. ~..[.[[.....~...3~. ....................................................................................... Build[n~ Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION Of BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ....................... .C...~.~.,c.,~.,,o.~e. .................................................. .~...q.w.....~..o..~.~.. ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State )PERMIT TO USE ) PERMIT FOR OCCUPANCY l. LOCATION OF THE PROPERTY South Cross .R. pad, Cutchozue "A" Street Use District on Zoning Map Mop 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 301 3. TYPE OF APPEAL Appeal is made herewith for iX ) A VARIANCE to the Zoning Ordinance or Zoning Map ~ ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. ] 6 Sec. 280A Subsection 3 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 .................................................. PREVIOUS APPEAL A previous appea ~¢~i~ (has not) been made with respect to this decision ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applicant desires to divide parcel into two separate buildable lots. ~mm~xmm~xm~mm~x~x~u~x~t~i~mxximx~wx~xm~xxx~t~Ri~mm~xm~mmx~xmx~xxx am~xfixmk~mxmmxmxt~mxmfx~m~mxmm~mxfmxx ~xMaxx~n~,~wx~xmm~x~b~ Fo~ ZB] (Continue on other side) REASON FOR APPEAL ]. STRICT APPLICATION OF THE ORDINANCE wou~d prc~uce practicaJ difficulties or unneces- san/ HARDSHIP because See rider annexed hereto. 2. The hardshipcreatedis UNIQUEandisnotshamd ~ a![ prope~ies al[~ in the imm~iate vicinity ofthisprope~y andinthis use district because all of the other lots in the immediate area, and in the subdivision of Wo Harry Lister~ are in single and separate ownership. This application is only made necess- ary by reason of the fact that the applicant took title to Lots 5 and 6 in her own name thereby causing the technical merger° 3. The Variance wouJd obsewe the ~irit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT bec~u~ all the lots i~ the i~nediate area, and in particular in the W. Harry Lister subdivision, are in single and separate ow-mership, and are of a similar size. The granting of the variance would result in keeping the lots of the same general size and value as the other lots within the subd~ision; the general pattern of development on this subdivision map would be maintained by the granting of the variance. STATE OF NEW YORK ) ............ 'j.~/x_.,.~ ~//.~.7 ~'Z.,f..L~--~,~., ' COUNTY OF S~O[[ ) Sworn t~ th~~ December 1972 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecessary HARDSHIP because a part of said parcel is the only unimproved land now owned by the applicant in the area. Applicant owns lots 5 and 6 shown on a plan of lots made for W. Harry Lister by survey dated April 22~ 1957~ by Otto Van Tuyl & Son. The plan of lots consists of a total of eight lots all of which have frontages of approximately 90 f~eet and depths of a range of 125 feet to s maximum of approximately 206 feet. The applicant's residence is entirely on lot #5 and the adjoining lot #6 is vacant~ Lot.~5 was purchased by the applicant on November 8~ 1965, in an improved state. On Oatober 29~ 1966~ the unimproved lot #6 was also purchased by the applicant. Om this latter date when the applicant took title there was, of course, a technical merger of the title of the two lots. It is to be noted, however~ that at such time as the applicant took title to ssid lots 5 and 6 each was a valid~ legal building lot under the Southold Town Ordinance. A strict appli- cation of the present Southold Town Ordinance would produce practical~ unnecessary and economic hardship on the applicant, particularly in the light of the fact that lot #6 is the only lot now owned by the applicant. All other lots in the area of the subject premises are of the_same size as lot ~6~ and to continue the technical merger of title would result in a parcel twice the size of the ethers in the subdivision. 4