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Home My WebLink About1899 TOWN OF SOUTHOLD, NEW ¥OKK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1899 Dated April 11, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Charles Michel Oakwood Drive Southold, New York DATE .~%~-.2-,-. 1974 Appel]ant at a meeting of the Zoning Board of Appeals on May 2, 19 7 4 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 EXCEPTION. By resolution ~ the Board it was determined that a ~ecial exce~ion ( ) be ~anted ( ) be ~nied pursuant to Artic~ .................... Section .................... S~ction .................... paragraph .................... ~ the ~ning Ordinance and the decision of the Building Inspecinr ( ) be reversed ( ) be ~nfirmed because 9:20 P.M. (E.D.S.T.), upon application of Charles Michel, Oakwood Drive, Southold, New York , for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C, Section 100-32 for permission to erect accessory building in front yard area. Location of property: Oakwood Drive, Southold, New York, Lot No. 72, Cedar Beach Park. 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 hardship because SEE REVERSE practical diHiculties 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 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 ( that the previous decisions of the Bullcling Inspector ( SEE REVERSE ) be granted ( ) be denied and ) be confirmed ( ) be reversed. ZONING BOARD OF ~PEALS arjo~ie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to erect accessory building in front yard area located at Oakwood Drive, Southold, New York. The findings of the Board are that the location of the accessory building as shown on the survey is the only feasible location. This location will also be compatible with the surrounding properties. 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. The Board agrees with the reasoning of the applicant. THEREFORE IT WAS RESOLVED, Charles Michel, Oakwood Drive, Southold, New York, be GRANTED permission to erect accessory building in front yard area at Oakwood Drive, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. ~EGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and %he provzslons of the Amended Building Zone Ordinance of the Town of Southcld, Suffolk County~ New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold~ am the Town Office~ Main Road, Southoldf New York~ on May 2, 1974 on the following appeals: 7:35 P.M. (E.D.S.To), ~pon application of Stevan and Agnes PeggLe Banick, Horton Point, (Pvt. Road), Southold~ New York for a variance in accordance with the Zoning Ordinance~ Article VII, Section 100-71 and Bulk Scheduler Article XIf Section 110-112 B~ C, D; G~ H~ Section 100-113 (3), for permission to build new mzxed occupancy (business and residence) building with insufficient sideyard, rear yard~ and parking area Location of property: W/S/ Young's Avenue (RR Southold, New York~ bounded north by (now or formerly) Eissman~ east by Youn~'s Avenue; south by John Terp~ wesn by Koke Bros. 7:45 P.M. (E.D.S.T.), Rehearing on motion of the Southold Town Board~ of Appeals of application of Dalchet Corporation~ Pequash Avenue, Cutehogue, New York, for a variance in accord- ance with the Zoning Ordinance~ Article III, Section 301 an~ Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of properny: south side Main Road, Cutchogue, bounded north by Main Road; east by other land of applicant; south by other land of appiic~nt; west by A. Luglio (formerly Oriowski). 8:15 P.M. (E.D.S.T.), upom application of Lncile Mosb~ck, Rose ~ill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule Legal Notice Page 3 9:10 P.M. {E.D.S.T.) upon application of Agway, inc.~ Young's Avenue, Southoldr New York for a variance in accordance with the Zonin~ Ordinance~ Article VI~ Sec. 100-60 C 3 (a) (b) (c) for permisszon to erect combination roof and ground sign in excess of 16 foot height requirement. Locamion of property: Young"s Avenue & Private Road, Southoid, bounded north by G. Minor and others; east by Young's {RR) Avenue; south bv R. Houston and others; west by Ah!er & Het!man. 9:20 P.M. (E.D.S.T.) ~ u~on application of Charles Michel~ Oakwood Drive, Southoid, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C, Section 100-32 for permission to erect accessory buiidinc- in ' front yard area. Location of propermy: Oakwood Drive~ Southold~ New York, Lot No. 72, Cedar Beach Park. Any person desiring to be heard on the above Appeals should appear a~ the ~ime and place above sp~cmzmea~ Dated: April 18, 1974 BY ORDER OF THE SOUTHOLD TO~{N BOA~RD OF APPEALS PLEASE PUBLISH ONCE~ April 25, 1974~ AND FORWARD EIGHT AFFIDAVITS SOF PUBLICATION TO THE SOUTHOLD TO~ BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies sent to the following on April 18, 1974: The Suffolk Weely Times The Long Island Traveier-Matti%uck Watckman Supervisor Albert M. Martocchia Mr. & Mrs. Stevan Ban±ck Richard J. Cron, Esq., Franczs J. Yakaboski, Esq./Dalchet Corp. Rudolph Bruer~ Esq. a/c Lucile Mosback Mr. and }ks. Robert Davis Clarence Powetl a/c Edward & Fiauia Grebinar Gary Olsen, Esq. a/c Emily R. Mather Agway, Inc. Charles Michel NOTICE OF HEARINGS ~ Pursuant to Section 267 of the Town Low 4nd the provisions of the Amended Building Zone Ordinance of the Town of Scuthold, 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 May 2, 1974 on the following appeals: 7:35 P.M. (E.D.S.T.), upon Main Road; east by William area. Location of property: S-S tPark, Jr.; south by Gardiners SoundViewRoad, Orient, LotNo. Bay; west by A.E. Parker and 27, Sectiun I, Orient-by-the-soa, others. 8:30 P.M. (E.D,S.T.) upon application of Robert Davis and wife, Peconic Bay Blvd., Mat- tlluck, 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 lot 'for 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 Fiauia. Grebinar, Sound View Road, Orient-by-the-Sea, Orient, New York, for a variance ir~a~c- cordanea with the Zoning Or- dinance, 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 Orient. 8:50 P.M. (E.D.S.T.), ~Ipen application of Emily R. Mather, Bayer Road, Mattituck, New York, for a variance in ac- cordance with the Zoning Or- dinanea, Article III, Section 301, for permission to divide lot with insufficient frontage and area. Location of property: Bayer Road and Grand Avenue, Mat- tituck, Lot Nos. 53, 43, 44, 77 and 76 "Mattituck Heights";' Mat- tituck, New York. 9:10 P.M. (E.D.S.T.) upon application of Agway, Inc., Young's Avenue, Southold, New York for a variance in ac- cordanea with the Zoning Or- dinance, Article VI, Soc. 100-60 C- 3 (a) (b) (c) for permission tc erect combination roof and ground sign in excess of 16 foo! height requirement. Location of property: Young's Avenue and Private Road, Southold, bounded north by G. Minor and others; east by Yoang's (RR) Avenue; south by R. Houston and others; nm-m oy Main Road; east by other land of applicant; south by other land of applicant; west by A. Lnglio (formerly Orlowski). 8:15 P.M. (E.D.S.T.), upon application of Luclle Mosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, 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 Road, East Marion, New York, bounded north by COUNTY OF SUFFOLK, ! STATE OF NEW YORK, } ss: ........ S..~.u.a.r'..-t;..C.:..D.o..tm?..n ........... being duly Swot says that ....h.e.. is Printer and Publisher of the SUFFOL 'EEKLY TIMES, a newspaper published at Greenport. in ~unty: and ttxnt the notice, of which the emnexed is a print: ,py, has been published in the said Suffolk Weekly Tim; ~ce in each week, for ......... o..I3.e' .{ .1.) .......... weel ccessively oommencin~[ on tile .......... ¥ of ....... .......Is. ~orn to before me this ...2.~h.... ........ ....... ./ ............... west b~ Al~ur and ttellmun. Drive, Southold, New York, Lot 9:20 P.M. (E.D.S.T.), upon application of Charles Michel, Oakwood Drive, Southold, New York for a variance in ac- cordanea with the Zoning Or- dinunea, Article III, Section 1.00- 30 C, Section 100-32 for per- mission to erect accessory building in front yard area. Location of property: Oakwood 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 of 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, Horton 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, Peqt~ash Avenue, Cutch- ague, New York, for a variance in accordance with the Zoning Ordinance, Article III, 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; _ o~t l~v_c~ther ~ of applicant; 9:10 P.M. (E.D.S.T.) upon application of Agway, Inc., Young's Avenue, Southold, New York for a variance in accordance with the 'Zoning Ordinance, Article VI, Sec. 100-60 C-3 (a) (b) (c) for permission to erect yombination roof and ground sign m excess of 16 foot height requirement. Location of proper- ty: Young's Avenue & Private Road, Southold, bounded north by G. Minor and others; east by Young's (RR) Avenue; south by R. Houston and others; w~q,,5~,~ Abler & Hellman. ~ 9:20 P.M. (E.D,S.T.), upon application of Charles Michel Oakw0od Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C, Section 100-32 for permission to erect accessory building in front yard area. Location of property: Oakwood Drive, Southold, New York, Lot No, 72, Cedar Beach Park, Any perso'~ desiring to be heard on the above Appeals should appear at the time and place above specified dd lip )p~ tu! pn COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says 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 TraveJer-Mottituck Watch- man once each week for / ~,'-'/,',: / / / ..... ~_~, .c.~.~..~.~.... ,....,..:..~.?. week~ successively, commencing on the ............ , day of .......... ....................-? ........ Sworn to before me this ........ .0'~).~ ....... ' day of ......... .... .., ........... ............ FOI~i~I NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SO,UTHOLD~ N. Y. NOTICE OF DISAPPROVA~L File No .................................................................. Dote .................................. , 1 .. ..... ~.~~.~.._~ ........ ~.~ P.,E^.s[ -~^r[ No,'IcE. tha~ yo, r opp,co~o, doted ............ (.3 .............. , 19....g. ./~..~J~ t · ' ........... 2 .................. ~..~~......~..,K....~..~ ........... ~4/ ..~-...~./~..o..~ Building nspector FOI~ NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFIGE SOUTHOLD, N. Y. Examined ......................................... 19 ........ Approved ........................................ , 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................. Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ............ .,7~./.z. ...... ././. .............. , 19..7....~.. .... INSTRUCTIONS a. This application must be completely filled in by typewriter or~ in ink and submitted in triplicate to the Building Inspector, with 3 sets af plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets o~ areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in, buildings for necessary inspections. (Signature of applicant, or name, if a corporation) ........ ................. (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or bui[der. ..................... ..................................................................................................................................................... Name of owner of premises .... ............................................................................................. If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder'S License No ..................................................... Plumber's License No ................................................. Electrician's License No ............................................. Other Trade's License No ............................................... 1. Location of land on which proposed work will be done. Map No.: ....~..~. ................................ Lot No..~...~.. .................. Street and Number ..~.. ~..4Z./..~..~. -x/7,f',~ .~.~.. ~..2~..,,~...~..~...~:.?././..~..~...~./j[. Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and occupancy ..... ..~.~....~...~..~..~.~./.... C<.,/~.? ............ ] ................................................................ b. Intended use and occupancy ...... ~...~..~..~.~<?./.....~-~... ......................................................................................... 3. Nature of work (check whicl:~)p~icable): New But d ng .... ~ ~ ~ition Alteration Repair .................. Removal Demolition.: ............ : ..... Other Work ...................................................... (Description) 4. Estimated Cost ..... ./.~.:...~., ...................................... Fee (to be paid ar~ filing this applicatior,) 5. If dwelling, number of dwelling units ............................ Number of dwe[!ing units on each floor ........................... If garage, number of cars ............................................................................................................................................. 6. if business, commercial or mixed occupancy, specify nature c~nd extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............. ./..~..( ......... Rear ....... ~.~ ................. Depth Height ........ ,.~.../. .......... Number of Stories / Dimensions of same structure with aJteratio,~s or additions: Front .................................... Rear Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front ............. ./..~...(. ............... Rear z~z Depth ........................ Height ~ / Number of Stories 9. Size of bt: Front ............. ~.~.o.~..~.. ............................... Rear ..~..~..~.~.(~..(..~.~.Cd?.~. .... Depth ...~.~..~.:...~. ................. 10. Date of Purchase ...........~.~..~..,~... ........................... Name of Former Owner ........ .~..'.d~..,~z...~]..~C'..~..~.. ............................ 11. Zone or use district in which premises are situated ..................................................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ........................................................ 13. ~VilJ lot be regraded' . ...... ~ ............... WJJJ excess fi]l be removed from premises: ( ) Yes ( ) No 14. Na me of Owner o f p rem ises ..~../~...,~....~/.'?...~.~..,~.......-'~/.(.~.~..C.. ....... Add tees. ~ .~'..~......~.,/?... .......... Phone N o. ~.~] z.~.~.~ Name of Architect .............................................................. Address ................................ Phone No Name of Contractor ..,~.~.~...~./..]~.....~/.~..~../.~.¥~..~.. ................ Address .~r.~...r,(~]...,~]...? ................ Phone No.'~..~.<.~T~..~..~...~Z~..~ PLOT DIAGRAM Locate clearly and distinctly ail buildings, whether existing or proposed, and indicate aJJ set-back dimensions fram property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot, STATE OF NEW YORK, ~ c c COUN .~' OF ................................ ................................................................................................. being duly sworn, deposes and says that he is the apptican~, (Name of individual signing contracf) above named. He is the ................................................................................................................................................................................. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to .make and file this application; that all statements conta, ine~J in this application are true to the best of his knowledge and ~. z. be,~e,, ~nd tha~ the work will be performed in the manner set fo~h in the application filed therewffh. Sworn to before me this ........................ day of ............................................ , 19 ........ Natal, Public, . ................................................... Coun~ (Signature of applicant) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INS. ~CTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We).....~.~..~.¢~.........'~.../..¢.~ .................... of ....¢...~...C~?....~../..~../..~..~. ........................................ Name of Appella,nt Street and Number .................................................................................................. .~ .~...; ........... HEREBY APPEAL TO Municipal ity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING II~I.SPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED, .........~,./..,...-.~....~...~.~.~, ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ~ .~..<.~..c~J- ~/~£ c Name of Applicant for permit of .... ....... .......... .................................... Street and Number Municipality State ( ~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..... ~..,¢z~...¢~....~¢.~......-~.?../..~.., .~ ........... .~.~.~....~...~.,'~'...<-~.....~..4'../~..,¢. ................ 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.) 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 not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) 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 ~ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica[ difficulties or unneces- sary HARDSHIP because 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ~o,~ o~~" ........... ~~..-~./...~~,~o,~ .................... TOWN OF SOUTHOLD Building Inspector's Office Town Clerk Building Southold, N.Y. 765-2660 MAP 0t:' LAND C. MA,~LE$ W ,ir HELGA 'T'O~W~t-J 01F