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Home My WebLink About1806 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1806 Dated June 18, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Dante V. and Evelyn Morel Bayview Road Southold, New York 1973 Appellant at a meetir~ of the Zoning Board of Appeals on July 19, 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 9( ) Request for a variance to the Zoning Ordinance ( ) 1973 the appeal 1. SPECIAL EXCEPTION. By re~tion ~ the Board B was determined th~ a ~i~ exce~ion ( ) be ~a~ed ( ) be ~uled pu~u~t to Artic~ .................... Section .................... Sub~ction .................... paragraph .................... ~ the Zontn~ O~inance and the decision of the Bulldog Inspector ( ) be reversed ( ) be ~medbeca~e 7:40 P.M. (E.S.T.), upon application of Dante V. and Evelyn Morel, Bayview Road, Southold, 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: Lots #1, 2, 3 and 157, Map of Cedar Beach Park, Southold. 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 difficulties hardship because 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 ~ranted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and SEE REVERSE ~(i~[[)~ :~? ' " Marjofie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide property with less than required area and frDntage, Lots #1, 2 and 157, Map of Cedar Beach Park, Southold. The findings of the Board are that the division of property would create two lots which would each be undersized according to present standards. The Zoning Ordinance, as of 1971, requires 40,000 sq. ft. minimum lot size. Combined Lots %1 and %2 measure 30,000 sq. ft. and Lot %157 measures 20,000 sq. ft. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique, and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Dante V. and Evelyn Morel, Bayview Road, Southold, New York, be DENIED permission to divide property with less than required area and frontage, as applied for, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, 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 Southoid, at the Town Office, Main Road, Southold, New York, on July 19, 1973, on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of Helen Chizzini, Mr. Beulah Avenu~,Southold, New York, for a varaince in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property wi~h less than required area and frontage. Location of property: east side of !Mt. Beulah Ave~ue,Southold, bounded north by C.W. Booth; east by C.W. Booth; south by C.W. Booth; west by Mt. Beulah Avenue. 7:40 P.M. (E.D.S.T.), upon application of Dante V. and Evelyn Morel, Bayview Road, Southold, 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: Lots 91, 2, 3 and 157, Map of Cedar Beach Park, Southold. 8:00 P.M. (E.D.S.T.), upon application of John Divelto, Sound View Avenue, Mattituck, for a variance in accordance with the Zoning Ordinance, Article iii, Section 302 for permission to construct garage in front yard area. Location of property: north side Sound View Avenue, Mattituck, bounded north by Long Island Sound; east by R. Mowary;.south by Sound View Avenue; west by Casbor Inc. (park). Legal Notice Page 2 8:10 P.M. (E.D.S.T.), upon application of Ray Alexiadhes, Soundv~ew Avenue, Southold, (Meadow Point Properties), for a variance in accordance with the Zoning Ordinance, Article Iii, Section 301 and the Bulk Schedule for permission to divide pr~pert~ with less than required area and frontage. Location of property: north side Soundview Avenue, Southold, bounded north by Long Island Sound; east by Couloucoundis; south by Soundview Avenue; west by B. Thompson. 8:25 P.M. (E.D.S.T.), upon application of Dalchet Corporation Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article iii, Section 301 and the Bulk Schedule for permission to set off existing dwelling on lot with insufficiel area and frontage. Location of property: south side Main Road, Cutchogue, bounded north by Main Road; east by Dalchet Corporation south by Dalchet Corporation; west by Dalchet Corporation. 8:35 P.M. (E.D.S.T.), upon application of Philip and Claire Dietz, Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for pe~misslon to divide property with less than required area and frontage. Location of property: west side Pequash Avenue, Cutchogue, bounded north by North Cross Road; east by Pequash Avenue; south by Edward Harvey; west by R. and S. Lajda. 8:50 P.M. (E.D.S.T.), upon application of Carl's Mobile Homes, 650 East Main Street, Riverhead, for a variance an accordan¢ with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to construct?dwelling with reduced setback from road. Location of property: one-half lot ~49 and all ~50 and 51, Map of Garden Heights, Mattituck; west side Mary's Road and ~ast side Oak ?lace. e Legal Notice Page 3 9:00 P.M. (E.D.S.T.), upon application of Evelyn Swisky, Bayview Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide property with less than required area and frontage and for a variance in accordance with Section 280A, Subsection 3 of the Town Law for approval of access. Location of property: north side Bayview Road, Southold, bounded north by West Creek; east by E. Mullen and others; south by Bayview Road; west by Paul Obre and wife. 9:10 P.M. (B.D.S.T.), upon application of James E. Pratt, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance Bulk Schedule for permission to erect loading bin with silo ~n excess of 35 feet in height. Location of property: west side Cox Lane, Cutchogue, bounded north by McBride; east by Cox Lane; south by L. B. Glover; west by L. B. Glover. Dated: Any person desiring to. be heard on the above applications should appear at the time and place above specified: July 6~ 1973 PLEASE PUBLISH ONCE, July 12, 1973~ OF ~UBLICATIO~ TO THE SOUTHOLD TOWN ROAD~ SOUTHOLD~ NEW YORK. BY ORDER OF THE SOUTBOLD T.@WN BOARD 'OF APPEALS AND FORWARD AFFIDAVITS BOARD OF APPEALS~ MAIN -NOTICE OF HEARINOS ~Pursuant to ~ection ~ of the Town ~aw and the prov~ions of the Ame~ded Bufldin~ Zone Or- dhlonce of the Town of Southuld, Suffolk County, New York, pub- llc hearings Will be held by the ZolBng Board of Appeals of the Town of Southold, at the Town Office, Main Rm~d, Southold, New York, on July 19, 1973, on the following appeals: 3:~0 P. M. tEDST), upon pllcation of Helen Chichi, Mt. Beulah Avenue, Southo~d,. New York, for a variance in accord- ance with the Zonin_~ Ordinazee, Article III, ~ectien 301 and the Bulk Schedule Ior perrn~slon to didde ~proporty wlt~de~s than required ~re~ ~ frontage. LO~ catiOn of property: east side of Mt. Beulah Avenue, ~outhold, hounded jwrth by C. W. Booth; east by C. W. ~soth; south by C W Booth; west by Mt. Beulah Avenue. 3:4~ P. M. (EDS~4, upon ap-. pBcatien of Dante V. and Evelyn Morel, Bayview Road, Southoid, for a variance in accordance with t~ Z0Ul~ Ordinance, Ar- ticle III, Section ~01 and Bulk ~chedu~e f~r permission t~ divide property with.lees t~an qulrCd area and front~e. Loca- tion of property: Lots N~ 1, 3 and 157, M~p of Cedar Beach Park, Southold~ g~0~ P. M. dZI~T), upon plication of John Divello, Soun~ View Avenue, Mattit~ck, for a variance in accordanc~ with the Zoning Ordinance, Article ~I, Section 30~ for permission to ecnstruct garage in front yasd s~ea. Location of property: north side Sound View Avenue, Mat- tituck, bounded north by Lon~ Island Sound; east by R. Mowery; s~th by Sound Vls~ Avenue; west by Casbor InC. fp~rkL 8:lO P. M. (EDSTL upon aP- plication of Ray Alexiadhes, Soundvtsw Avenue, Southold, (Me~dqw Point PropertlesL fo~ a variance in a~c~rdance with the Zonin~ Ordinance, Al~tcle Ill, Section 301 and thc Bulk Schedule for permission to di- vide property with le~ t~aan ro- qulred area and frontage. Loca- tion of property: north side Soundview Avenue, Sonthold. 'hounded north by Long L~lend Sciind; east by Co~tlo~ecundls; south by Soundview Avenue; west by B. Thompson. 8:25 P. M. (F~S~), upon aP~ plieatlen of Dalchet Corporation, pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordjr~nce~ Article HI, .Section 301 and the Bulk Schedule for permission to ~t off existing d~welling on lot with lnsnffictent a~ea and frontage. Location of pruperty: south side Main Road, Cutchogue, bounded north by Main Road; east by Dalchet Corporation; south by Dalchet Corporation; wes~ by Dalchet Corporation. 3:35 P. M. (EDST/, upon ap- plication of Philip and Claire Diet~, Pequash Avenue, Cut- chogue, fer a variance in eccord- ance with the Zoning Ordinance. Article III, Section 301 and the Bulk Schedule for ~ermis~ion to divide property with less than required area and frontage. Lo- cat, on of pr~p~ty: west ~ide Pequash Avenue, Cutchogue, ~ '~ north by N~h Cr~s ~ ~t ~ P~u~h Avenue; ~th ~ ~w~d ~ey; west by R. ~ S. ~jda. oll~tl~ of CarVs Mobile Homes, ~ East ~ Steer, ~verhe~, I~, ~ct~n 301 and ~e B~k ~h~u~ for ~lon to ~n- ~ct dwel~ ~th r~ ~t~ck from r~. ~ati~ of pm~y: 'one-haM lot No. ~ ~d ~1 No. ~ ~d 51. Map of ~rden ~'s ~ and e~t ~e oak 9:00 P. 'M. (~). u~n a~ pl~a~ of Eve~ ~ls~. Bay- v~w ~ ~t~& for a ~ce ~ ~o~an~ with t~ ~- ' ~n ~01 foc ~rm~on ~ dirge ~w for ap~v~ of ~. ~- ~ ~r~ by W~t ~ek~ ~t ~ E. M~len and other; ~th ~ ~y~ew R~; w~t by Paul Obre ~ w~e. 9'~10 P. M, (~ST), upon pli~tl~ of Jam~ H. ~att, ~ A~ue, ~e, New York, with t~ ~lng O~a~e Bulk ~he~ for ~n ~ erect ~dl~ Mn ~ ~M In exes of pm~: ~ ~de C~ ~e, Me~de; e~ ~ ~x ~ne; ~th by 'L. B. GlOver; west by Any ~r~n d~g ~ ~ ~ed on ~e a~e applicati0~ ~ould ~r at ~ ~e a~d place DaSd: Ju~ 6, ~ O~ OF ~E SO~O~ ~ ,F SUFFOLK NEW YORK ss: Whitney Booth, Jr., being duly sworn, says s the Editor, of THE LONG ISLAND MATTITUCK WATCHMAN, a public news- d at Southold, in Suffolk County; and that which the annexed is a printed copy, hes been said Long Island Troveler-Mattituck Watch- ch week for ~.~:~..~, ~ ./. / week~ commencing on the ............. ~..,f.~.. ................... 3rn to before me this ......... )-~/,...~.. ........ day of 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 Southoid, at the Town Office, Main Road, Southold, New York, on July 19, 1973, on the fullowin~ appeals: 7:30 P.M. (E.D.S.T.), upon application of Helen Chiz~ni, Mt. Beulah Avenue, Soathuld, New York, for a variance in ac- corcinnce with the Zoning Or- diuence, Article HI, Section ~01 and the Bulk Schedule for per- mission to divide property with less than required area and frontage. Location of propert~ east side of Mt. Beulah Avenue, Southuld, betmded north by C.W. Booth; east by C.W. Booth; south by C~W. Booth; west by Mt. Beulah Aveaue. ~ · 7:40 P.M. (E.D.S.T.), upon application of Dante V. and Evelyn Morel, Bayview Road, Southold, for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 301 and the Bulk Schedule for per. mission to divide property with less than required area and frontage. Location of property: Lot No. 1, 2, 3 and 157, Map of ~Cedar Beach Park, Southold. 8:00 P.M. (E.D.S.T.), upop application of John Divello, Sound View Avenue, Mattituck, for a variance in accordance with the Zoning Ordinance, Article IH, Section 302 for pe~raisston to construct garage in front yard area. Location of property: north side Sound View Avenue, Mat- tituek, beanded north by Long Island Sound; east by R. Mowery; south by Sotmd View Avenue; west by Casbor Inc. (park). 8:10 P.M. (E.D.S.T.), upon application of Ray Alexiad~es, Soundview Avenue, Southold, (Meadow Point Properties), for a variance in accordance with the Zoning Ordinance, Article IH, Section 301 and the Bulk Schedule fbr permission to divide property with less than required area and frontage. Locatien of property: north side Soandview Avenue, Southold, beanded north by Long Island Sound; east by Couloueoand~s; south by Sound- view Avenue; west by B. ~ompson. 8:25 P.M. (E.D.S.T.), upon application of Dalchat Cor- peration, Pequash Avenue, Cutchague, for a variance in accordance with the Zoning Ordinancel Article III, Section 301 and the Bulk Schedule for permis~on to set off existing dwelling ea lot with insufficient area and frontage. Location of prope~y: south side Main Road, Cutchogue, beanded north by Main Road; east by Dulchat Corporation; south by Dalcbet Corporation; west by Dalchet Corporation. 8:35 P.M. (E.D.S.T.), upon application of Philip and Claire Dietz, Pequash Avenue, Cut- chogue, for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 301 and the Bulk Schedule for per- mission to divide property with less than required area and frontage. Location of proper~y: west side Pequash Avenue, Cutchague, bounded north by North' Cross Road; east by Pequash Avenue; south by Ed- ward Harvey; west by R. and 8:50 P.M. (E.D.S.T.), upon application of Carl's Mobile Homes, 650 East Main Street, Riverhead, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to censiruct dwelling with reduced setback from read. Location of property.' one-half lot No. 49 and all No. 50 and 51, Map of Garden Heights, Mattituck; west side Mary's Road and east side Oak Place. 9:00 P.M. (E.D.S.T.), upon apl~icatiea of Evelyn Swisky, Bayview Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section ~01 for permission to divide property with less than LEGAL NOTICE required area and frentage and COUNTY OF SUFFOLK, I for a variance in aceardance with STATE OF NEW YORK, ~ ss: Section 280A, Subsection 3 of the J Town Law for approval of access. ~.t;I~SXi;. ~ ~ ]~!O _l'll~.ll, being duly Sworn, Location of property: north side .................. Bayview ~Road, Southold, he bounded north by West Creek; says that ....... is Printer and Publisher of ~he SUFFOLK east by E. Mullan and others; south by Bayview Road; west by Paul Obee and wife. 9:10 P.M. (E.D.S.T.), upefi application of James H. Pratt, Bay Aveaue, Cutchague, New York, for a variance in ac- cordance with the Zoning Or- dinance Bulk Schedule for per- mission to erect leading bin with silo in excess of 35 feet in height. Location of property: west side COx Lane, Cutcbegue, bounded north by McBride; east by Cox Lane; south by L.B. Glover; west by L.B. Gloves. Any person desiring to be heard on the above applications should appear at the thne and place above specified. Dated: July 6, 1973 BY ORDER OF THE BOARD OF APPEALS 1T J12 WEEKLY TIMES, a newspaper published at Greenport, in said county: and that the notice, of which the annexed is ~ printed copy, has been published in the sa/d Suffolk Weekly Times one week once in each week, for ........................... successive=fy ~ommencing on the .... t;w.e.],~J:)l ............. day of .... .~t~..~.~.~... 19..7.3. Sworn to before me this . day of . .~ ................ 19. TOWN OF SOUTHOLD [~U[LDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL~Ci / ~.. 19...~..../ FiIe No ............... · .................................................... Date ............ ./... f....,....,.. ......................... , PLEASE TAKE NOTICE that your oppl cat on doted ' m ~ ' ................. for permit to ~t .."¢~.~.:~.(W..~ ............. at the premises located at.....~,...~..¥~...~/.. ................. ..... ......... ....... ....... - tree, Map ..... ............................. Lot Z~...~.,...~.. ................................ is ,r~A~:~_l/e~e_wirh andr disapproved on the following grounds ........ ,~*,~r .... ~ .-~.. L~;,~ ....... ..., ................................ .~..,'4....< n~ .~........¢¢'=~_ :: ......... ,eh/... ~. 7..~..~o~. ~....~.~.....,~/,,,~r ...~... .................. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 18 June 73 DATE ........................... TO THE ZOi~tNG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (~_~e) DAH~..~....&..KV~LI~..L...MOP~L.of Ba~...V.i~w...P~ad. ............................................ " Nome of AppeJJon~ Street and Number S outhold New Yo~k ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BU.!~,/~IN~,,~/.NSPECTOR ON APPLICATION FOR PERMIT NO ............................... , ..... DATED ......... ~/.~.~.~.ZY-~~. .................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) Nome of Applicant for permit of Street and Number Municipality State ) PERMIT TO USE PERMIT FOR OCCUPANCY Separate single lots (%0) 1. LOCATION OF THE PROPERTY .Bay...~i~.~...&,..C.a~.~. B~h..l~.~.d....".~:.".. Street Use District on Zoning' Map C~da~ Beach Park 157 Southold 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.) _ ART TTT ~m. 3Al ~ _~!!k ~ehedu!e 3. TYPE OF APPEAL Appec is made herewith for ( ) 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 ~il'(has not) been made with respect to this decision of the Building inspector or with respect to this proper~y. Such appeal was ( ) request for c special p,ermit ( ) request for e 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 reouested for the reason that ~orrn ZB1 (Continue- on oth6F side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultie~orunneces- sary HARDSHIPbecause it is our immediate intention to sell our house sited on lotm #1 and #2. We would like to retain possession of the third lot (#157) for the immediate future and in the event we decide to build a smaller home we will have the property on which to do so. 2. The hardshipcreatedis UNIQUEandisnotshared by all properties alike in the immediate vicinity of this property and in this use district bec.ouse ~here are a number of home~ in the area, built and building, that are cited on lots approximately the same size as lot #157 therefore an appropriate size home on lot #157 would not be out of the ordinary. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because buildin~ codes in 8outhold would prohibJt ths construction of a ~chicken co~p" size home or one of shacky construction that would detract from the present character of the district. Our present home, twelve rooms, is Just two large for two people. If we decide to build in the immediate future we will have a home constructed that is mg~ compatible with the demands of two people. STATE OF NEW YORK ) ) ss COUNTY OF ) Signature to this ..... /2'/r~ day ..~.' 19~3 Sworn MARY E. BURNS NO, 52050850() q0mmissi0fl Expires March :~fl. 19'~