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HomeMy WebLinkAbout1896 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1896 Dated April 2, 1974 ACTION OF THE ZONING BOARD OF APPEAL~ OF THE TOWN OF SOUTHOLD To Lucille Mosback Rose Hill, North Carolina DATE ~...~.~....1974 Appellant at a meeting of the Zoning Board of Appeals on May 2, 1974 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 (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEt~ION. By resolution of the Board it was determined that a special exception ( ) be ~ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:15 P.M. (E.D.S.T.), upon application of Lucille Mosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bu~k Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road, East Marion, New York, bounded north by Main Road; east by William Park; south by Gardiners Bay; west by A. E. Parker and others. 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) 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 apirit 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. Marjor~e McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide and set off lots with existing buildings with less than required width and area on premises located on the south side of Main Road, East Marion, New York. The findings of the Board are that this division of property recognizes an existing situation and is the only feasible way to divide. The applicant has furnished a minor subdivision of 6.7 acres and will be limited to five residential structures on the four lots. Both the Planning Board and the Appeals Board have considered the division of this property before. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would ~roduce 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, Lucille Mosback, Rose Hill, North Carolina, be GRANTED permission to divide and set off lots with existing buildings with less than required width and area on premises located on the south side of Main Road, East Marion, New York, as applied for, subject to the following conditions: That the property shall be divided approximately in half areawise and the division shall preserve the sidelines as equitably as possible, the existing garage to go to either the southerly or the northerly cottage. This approval is subject to receipt of a survey indicating the proposed division; and subject to approval of the Board of Appeals of the division of property. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. Notice of Hearings Pursuant to Section 26~Of the Town Law and the provisions of the Araended Building Zone Ordinance of the Town of South©ld~ Suffolk County, New York~ public hearings will be held by the Zoning Board of Appeals of the Town of Southotd~ a% the Town Office, Main Road, Southo!d~ New York, on May 2, 1974 on the following appeals: 7:35 P.M~ (E~D.SoT.), ~pon application of Stevan and Agnes Peggie Banick, Horton Point, (Pvt. Road), Southold, New York for a variance in accordance with the Zon!no Ordinance, Article VII, Section 100-71 and Bulk Schedule~ Article X!, Section i10-112 B, C, D, G, H~ Section 100-113 (3), for permission to build new mixed occupancy (business and residence~ building with insufficient sideyard~ rear yard, and parking area Location of proper~y: W/S/ Young's Avenue (RR Ave. ~ Southold, New York, bounded north by (now or formerly) Eissman; east by Young's Avenue; south by John Terp; wesn by Koke Bros. 7:45 P.M. (E.D.S.T.), Rehearing on motion of the Southol~ Town Board of Appeals of application of Dalchet Corporation, Pequash Avenue, Cutchogue, New York, for a variance in accord- ance with the Zoninc Ordinance~ Article III, Section 301 and Bulk Schedule for permIssion to set off existing dwelling on lot with insufficient area and ffronta~e. Location of propersy: south side Main Road, Cutchogue, bounded north by Main Road; east by other land of applicant; south b~ other land of applicant; west by A. Luglio (formerly Orlowski}. 8:15 P.M. (E.D.S.T.), upon application of Lucile Mosback, Rose ~111, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule Legal Notice Page 2 fo~ermission to divide and set off lots with existing buildings with less than. required width and area. Location of property: south side Main Road, East Marion, New York, bounded north by Main Road; east by William Park, Jr.; south by Gardiners Bay; west by A. E. Parker & others. 8:30 P.M. (E.D.S.T.) upon application of Robert Davis and Wife, Peconic Bay Blvd., ~attituck, New York, for a variance in accordance with the Zoning ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule, for permission to use existing tot one family dwelling with insufficient side yard area. Location of property: S/S Sound Avenue, Mattituck, bounded north by Sound Avenue; east by (now or formerly) O. Daviault; south by Mattituck Realty; west by R. Demchuk. 8:40 P.M. (E.D.S.T.), upon application of Edward and Flauia Grebinar, Sound View Road, Orient-by-the-Sea, Orient, New York, for a variance in accordance with the Zoning Ordinahce, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to turn present garage area into living quarters and add on addition for new garage with insufficient side yard area. Location of property: S/S Sound View Road, Orienh, Lot No. 27, Section I, Orient-by-the-Sea, Orient. 8:50 P.M. (E.D.S.T.), upon application of Emily R. Mather, Bayer Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide lot with insufficient frontage and area. Bayer Road and Grand Avenue, Mattituck, Location of property: Lot Nos. 53, 43, 44, 77 & 76 "Mattituck Heights"~ Mattituck, New York. NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law qnd the provisions of the Amended Building Zone Ordinance of the Town of Seuthold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Souihold, at the Town Office, Main Road, Southold, New York, on May 2, 1974 on the following appeals: 7:35 P.M. (E.D.S.T.), upon application of Stevan and Agnes Peggie Banick, Horton Point, (Pvt. Road), Seuthold, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100,71 and Bulk Schedule, Article XI, Section 110- 112 B, C, D, G, H, Section 100-113 (3), for permission to build new mixed occupancy (business and residence) building with in- sufficient sideyard, rear yard, and parking area. Location of property: W-S Young's Avenue (RR Ave.), Sonthold, New York, bounded north by (new or for- merly) Eissman; east 'by Young's Avenue; south by John Terp; west by Koke Bros. 7:45 P.M. (E.D.S.T.), Rehearing on motion of the Southold Town Beard of Appeals of application of Dalchet Cor- poration, Pequash Avenue, Cutcbogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section a01 and Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of property: south side Main Road, Cutchngue, bounded north by Main Read;.east by other land of applicant; south by other land of applicant; west by A. Luglio (formerly Orlowski). ~mmmm~ ,8:15 P.M. (E.D.S.T.), upon application of Luclle Musback, Ruse Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article IIl, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Read, East Marion, New York, bounded north by COUNTY OF SUFFOLK, ! STATE OF NEW YORK. ~ ss: Stuart C. Dorman being duly Sworn, says that ....h.e.. is Printer and Publisher of the SUFFOLK WEEKLY ~' Road; east by Willia~n-i' ~ at Greenport, in s~id co . . Park, Jr.; south by Gardiners m = un,y, al BaY; west by A.E. Parker and~ ~e annexed is ~ printed others ~ 1 i~opy, has 8:30' P.M. (~ Sufgolk Weekly Times application of Robert Davis and once in e~ . . wife, Pecomc Bay Blvd., Mat- SUCCessivE tituck, New York, for a variance in accordance with the Zoning dan/ of .. Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule, for permission to use existing lot for one family dwelling with Sworn to insufficient side yard area. Location of property: S-S Sound "lay of..Avenue, Mattituck, bounded north by Sound Avenue; east by (now or formerly) O. Daviauit; south by Mattituck Realty; west by R. Demchuk. 8:40 P.M. (E.D.S.T.), upon application of Edward and Flauia Grebinar, Sound View Road, Orient-by-the-sea, Orient, New York; for a variance in~c- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and 100-31 and Bulk Schedule for permission to tarn present garage area into living quarters ,'nd add on addition for new ~ 'age with insufficient side yard ....... 5.th ......... Drive, Scuthold, New York, Lot No. 72, Cedar Beach Park. Any person desiring tobe heard on the above Appeals should appear at the time and place above specified. Dated: April 18, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS NOTICE OF HEARINGS Pursuant to Section 267 of th~ Town Law and the provisions c the Amended Building Zone Ordinance df 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, South- old, New York on May 2, 1974 on the following appeals: 7:35 P.M. (E.D.S.T.). upon application of Stevan and Agnes Peggie Banick, Horlon Point, (Pvt. Road), Southold, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule, Article XI, Section 110-112 B, C, D, G, H, Section 100-113 (3), for permission to build new mixed occupancy (business and residence) building with insufficient sideyard, rear yard, and parking area. Location of property: W/S/ Young's Avenue (RR Ave.), Southold, New York, bounded north by (now or formerly) Eissman; east by Young's Avenue; south by John Terp; west by Koke Bros. 7:45 P.M. (E.D.S.T.), Rehear- ing on motion of the Southold Town Board of Appeals of application of Dalchet Corpora- tion, Pequash Avenue, Cutch- ogue, New York, for a variance in accordance with the Zoning Ordinance, Article IlL Section 301 and Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and front- age. Locastion of property: south side Main Road, Cutchogue, bounded north by Main Road; east by other land of applicant; south by other land of applicant; west by A. Orlowski). 8:15 P.M. (~.D.S.T.), upm application of Lucile Mosback Rose Hill, North Carolina, for variance in accordance with Zoning Ordinance, Article Section 301 and Bulk Schedule for permission to divide and aet off lots with existing buildings with less than required width and area. Location of property: south side Main Road, E'st Marion, New York, bounded north by Main Road; east by William Park Jr.; south by Gardiners Bay; west by A. E. Parker & others. 8:30 P.M. (E.D.S.T.) application of Robert Davis and Wife, Peconic Bay Blvd., Matti- tuck. New York, for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-30, 100-31 and Bulk Sched- ule, for permission to use existing lot for one family dwelling with insufficient side yard area. Location of Dropertv: S/S Sound COUNTY OF SUFFOLK } STATE OF NEW YORKt ss: C. Whitney Booth, Jr., being duly sworn, soys thor 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 Treveler-Mattituck Watch- man once each week for ~..51 '"'L: fl// successively, commencing on the ........ ,,~'....J ........................ Sworn to before me this ....... ~..~: ........ day of TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ................................... , ....... To/-. ~-~ ~~ ................. ..¢'~ ..... _~O.C,,. I~...~... r.; .......................................... Street ~r~t.'-,~ ker~-~':::, ,~J disappro~ved on the_.foll~owing grounds ..... ~.....~...~..~ .~.~..~.~ ............ ~~........~.b...-..~..~~ ~ Building Inspector C O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1,~rJ~..~g.~l.~..~QAb~qk ............................. of ............................................................................ Name of Appellant Streetand Number Rose Hill, North Carolina ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BU, ILDIIxJ, G INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .................... WHEREBY THE BUILDING INSPECTOR DENIED TO Lucile Mosback Name of Applicant for permit of Rose Hill, North C.~rolina Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..... J~./.c~..~%i~,..~q~.g~,...]~.~.~...,,~3.]C,~,QA,...~.~...~.q~.~. ........ 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 Paragrap. h of the Zoning Ordinance by num~,r. DA not q~,wte thee O[di,nance.) 3. TYPE OF APPEAL Appeal 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 (has) ~a~:~X) 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 ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB! (Continue on other side) REASON FOR APPEAL O O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- saN HARDSHIPb~au~ applicant will have two cottages on a lot having a dimension of 47,728 square feet, more or less, and applicant will be unable to divide and sell the two cottages separately. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because no property in the area, to the undersigned's knowledge, has this problem. 3. The Variance would obsewe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ the_~,~ill be no change except that the property could be owned by~m~-~ separate people rather than just one. STATE OF NEW YORK ) ) COUNTY OF SU~'~'OLK ) Rudolph H. Bruer Sworn to this ...........t~.t.].}. ........................... day of ................ ~K.~ ............................ 19 74 N o~l~r~ EP~.. ~J~TI N ~OTARY pUBLIC, S~e o{ N~w Y~ No. 52 3203050 - Suffolk Oou.~ ~omm~ss~on Expires March 30, ~1~ Southold Town Planning Board SrlUTH~]LD~ L. I., N. Y. 11971 P~.ANNING BOARD MEMBERS John Wlckham, Chairman Henry Molse Alfred Grebe Henry Raynor Frank Coyle April 4, 1974 Board of Appeals Town of Southold Town Clerk's Office Southold~ New York 11971 Re: Lucile Mosback Gentlemen: At a regular meeting of the Southold Town Planning Board held April 17 1974 the following action was taken. On motion made by Mr. Coyle, seconded by Mr. Moisa, it was RESOLVED that the Southold Town Planning Board approve the minor subdivision of Lucile Mosback located at East Marion~ New York subject to receipt of a legal instrument stating that lots one and two will not be further subdivided. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Grebe and Coyle. Yours truly, Muriel Brushy Secretary Southold Town Planning Board $outhold Town Planmng Board SrlUTHOLD, L. I., N. Y. 119'71 PLANNING BOARD MEMBERS John Wlekhem, Ohelrmen Henry Mol.a Alfred Grebe Henry Rlynor Frenk Coyle April 2, 1974 Rudolph Brier, Esq. Main Road Southold, New York 11971 Re: Lucile Mosback Dear Mr. Bruer: At the regular meeting of the Southold Town Planning Board held April 1, 1974, the following action was taken. On motion made by Mr. Coyle, seconded by Mr. Moisa, it was R~SOLV~D that the Southold Town Planning Board approve the minor subdivision of Lucile M~sback located at East Marion, New York subject to receipt of a legal instrument stating that lots one and two will not be further subdivided. Vote of the Board: Ayes: Messrs. Wickham, Moisa, Raynor, Grebe and Coyle. After approval of the covenants and restrictions by the Planning Board, ~ou will then file them in the County Clerk's Office. Upon receipt of notice of same, the chairman will be authorized to sign the map. Yours truly, Muriel Brush, Secretary Southold Town Planning Board May 24, 1974 Rudolph H. Bruer, Esq. Lefferts Paine Edson Main Road Southold, N. Y. 11971 Dear Mr. Bruer: Re: Minor Subdivision of Lucille Mosbach At a regular meeting of the Southold Town Board of Appeals held on Thursday, May 23, 1974, on a motion by Mr. Gillispie, se=onded by Mr. Bergen, it was RESOLVED that the revised Van Tuyl survey dated May 9, 1973 showing the division of Lot No. 4 into two separate parcels, 4A and 4B, and dividing the property so as to give the garage to the southerly lot, be APPROVED, in accordance with the Board's decision of May 2, 1974. Vote of the Board: Ayes~- Messrsz Gillispie, Bergen, Grigonis, Hulse. Yours very truly, RWG:mm Robert W. Gillispie, Jr. Chairman RUDOLPH H. BRUER LEFFERTS PAINE EDSON ATTORNEY AT LAW SOUTHOLD, N. Y. lig?l May 15, 1974 Mr. Robert W. Gillispie, Jr., Chairman Southold Town Board of Appeals Southold, New York 11971 Re: Minor Subdivision of Lucile Mosback Dear Mr. Gillispie: In accordance with the Board's decision of May 6, 1974 enclosed please find survey of subdivision map of Lucile Mosback showing the division of Lot No. 4 into two separate parcels, 4A and 4B. As the Board requested the surveyor has divided the property so as to give the garage to the southerly lot. If the Board needs anything further with respect to this matter please do not hesitate to contact me. Si~rely, RHB:dbc Enc. 0 It- TOT/.'NL /X.%L-,.N = 6.66 ~ ,XCFe. r_-S SUSDIViSiON . ,., !,'-~; % L-..L-- -..P ._ ;?",. L-J '-'D i~/"&L_. S~¥UATE TON%,I-,[- 0 ['- ~OLJ'i' t- 1 ~"~- L f~,