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Home My WebLink About1833 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1833 Dated AugUSt 30, 1973 ACTION OF THE ZONING BOARD OF APPEAI~ OF THE TOWN OF SOUTHO~ To ~bert M. G~bade, Jr. ~di~ Neck L~e Pecenic, New Yerk DATE~]~.!.....~.0 ' 1973 AppeHant at a meettn~ of the Zoning Board of Appeals on , Septe,~ber 20, 1973 was considered and the action indicated below ~vas taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~[ ) Request for a variance to the Zoning Ordinance ( ) the appeal I. SPECIAL EXCEPTION, By resolution of the Board it was detemined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... 'paragraph .................... of ~be Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 81~5 P.M. (E.S.T.), upen application of Albert M. Garbade, Jr., Indian Neck Lane, Pecenic, New York, fer a variance in accordance with the Zomin~ 0rd~.ance, Article III, Section 3~1 ~d.B~ Sched~e fe~ pe~e~i$n.te b~ld ~ new dwe~ with reduced re~ y~d. ~catien ef prep~rty~ ~tl ~21 ~d'22, ~p of ~e~he~ Cove, W/S ~rewhead ~e, Peco~c, New York. Fee paid' $1~. 00 . ' ' 2. VA~I,~NCE. By resolution of the Board ~.t was determined that (a) Strict a~pllcatlon of t~e Ordirmnce (woqld) (would not) produce practical hardship because difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( Sk'~. KEVERSB FORM ZB4 ) be confirmed ( ) be reversed. Pt uvED IFF....fl o, Mar~or[e McDermo'ct, Secretly After investigation and inspection the Beard finds that. applicant requests peraission to build a new dwelling with reduced rear yard, Lots # 21 and 22, Map of Arrowhead Cove, w/s Arrowhead Lane,'Peconic, New York. The findings ef the Beard are that because of the unique shape ef the plot the applicant has a hardship. The Board agrees with the reasoning of the applicant subject to restricticns. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship! the hardship created is unique and would not be shared by all properties alike in the ~mediate vicinity ef this property and in the sa~e use districtl and the variance will not change the character cf the neighborhood, and will observe the spirit of the Ordinance. T~EREFOEE IT 'WAS RESOLVED, .Albert M~ 9arbade~ Jr.~ Indian Neck Lane, ~econ$c, New'Yerk, beGRANTEDpermiseien ta~b~ild a new dwelling wxth reduced rear yard- on Lots #'21~a~d Map of Arrowhead Cove, W/S Arrowhead Lane, Pe~ofl~c~New York, as applied for, subject to the following restrictionsf ' That the house shall be no closer than 26 feet to the westerly line of the proper~y and no closer than 39 feet to Arrowhead Lane at any point, and that the house be located, otherwise, as shown on the sketch. Vote of the Board~ Ayes~- Messrs~ Gillispie, Bergen, Grigonis, Doyen. ,L, EGAL,, NQT.IGE 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~ Mew 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 September 20~ 1973~ on the following appeals: 7:~ P.M. (E.D.S.T.)~ upon application of William Grefe~ New Suffolk Avenue~ Mew Suffolk~ New York~ for a special excep- tion in accordance with the Zoning Ordinance~ Article IX~ Section 900 as refers to Article VIII~ Section 800 B-~ 3 and Article IX Section 900-8 for permission to operate building contractor yard and to manufacture and store concrete products. Location of property: W/S Cox lane~ Cutchogue~ bounded north by L. B. ~lover~ Jr.~ east by Cox Lane; south by B. Harris$ west by L. Glover~ Jr. 7:~ P.M. (E.D.S.T.)~ upon application of John F. Keating~ 19 99~ Soundview~Avenue~ Southold, New York for a variance in accordance with the Zoning Ordinance~ Article III~ Section 302 for permission to erect an accessory building in front yard area. Location of property: N/S Soundview Avenue~ Southold~ bounded F north by Long Island Sound~ east by F. Alfieri$ south by Sound- view Ave.$ west by C. Poey. 8:0~ P.M. (E.D.S.T.), upon application of Andre Pappas, l~ Pleasantview Drive~ Bayville~ New York~ and Ninos Savvides~ 2~- l0 Hoyt Avenue~ Astoria~ New York for a variance in accordance with the Zoning Ordinance~ Article III~Sectlo~ ~O1 and~Bulk Schedule for permission to divide property into two lots. Location of property: Lot ~87~ Capt. Kidd Estates~ Inlet Drive and S~mit Drive~ Mattituck~ New York. Legal Notice Page 2 8:1~ P.M. (E.D.S.T,)~ upon application of Albert M. Garbade~ Jr.~ Indian Meck Lane~ Peconic~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section and Bulk Schedule for permission to build a new dwelling with reduced rear yard. Location of property: Lots # 21 and 22~ Map of Arrowhead Cove~ W/S Arrowhead Lane~ Peco~ic~ New York. 8:2~ P.M. (E.D.S.T.)~ upon application of Dominick Zito~ proprietor of Southold Inn~ Main Road~ Southold~ New York~ for a ~pecial exception in accord~uce with the Zoning 0rdinance~ Article VI~ Section 600 B-3 for permission to erect and maintain more than one ground sign. Location of property: N/S Main Road~ Southold~ Yew York bo~de~ north by L. Barnett~ east by L. Barnett south by Main Road~ west by F. Thompson. 8:3~ P.M. (E.D.S.T.)~ upon application of Sigmond Sarnowski~ 89-12 Woodhaven Boulevard~ Woodhaven~ New York for a variance in accordance with the Zoning 0rdinance~ Article III~ Section 301 and Bulk Schedule of Building Zone Ordinance for permission to reduce frontage of lot. Location of property: Lot ~ 196~ Map of Nassau Point~ 01d Cove Road~ Cutchogue~ New York. Any person desiring to be heard on the above applications should appear at the time a~d place above specified. Dated: September 7~ 197~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE~ September 13~ 1973~ AND FORWARD SIX (6) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOW~ BOARD OF APPEALS~ ¥~AIN ROAD ~ SOUTHOLD ~ NEW YOPJ~. Copies mailed to the following on September 7~ 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times William Grefe John F. Keating Wickham & Lark A/C Andre Pappas Joseph Snellenburg A/C Albert Garbade Dominick Zito Sigmond Sarnowski NOTICE OF HEARINGS Pursuant to Section 267 al tile Towg Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold. Suffolk County, New York, pub- lic hearings will be held-by the Zoning Board of Appeals of the Town of Southold, at the To~n Office, Main Road, Southold. New York, on September 20. 1973. on the following appeals: 7:45 P. M. (EDST), upon ap- plication of William Orefe, New Suffolk Avenue, New Suffolk, New York, [or a special exception in accordance with the Zoning Or- diance. Article IX, Section 900 as refers to Article VIII, Section 800 B-4, 3 a~d Article IX Section 900-8 for pe!maission to operate building contractor yard anti to manufacture and store concerete products. Loc'ation of property: W"S Cox Lane. Cutchogue. bounded north by L. B. G!over. Jr.; east by Cox Lane; south by B. Harris; west by L. C;lover. Jr 7:55 P. M. (EDST), upon ap- plication of John F. Keatin~, 19 995 8oundview Avenue, Southold. New York for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Section 302 for permission to erect an: accessory building in front yard area. cation of property: N/S Sound- view Avenue, Southold, boLmded north by Long Island Sound' east by F. Alfieri; south by Soundview Ave.; west by C. Poey. 8:05 P. M. /EDSTL upon ap~ plication of Andre Pappas, 15 Plcasantview Drive. Hayville. and Summit plication of Albert M. Gavbade. York. Ro~d. Southold. New York. lot Section 301 and Bulk Schedule of Building Zone Ordinance lot Old Cove Road, Cutchogue, New York. Any person desi~'ing to be should appear at the time and place above specified. Dated: September 7, 1973 BY ORDER OF THE SOUTHOLD TOWN COUNTY OF SUFFOLK J~ ss: STATE OF NEW YORK j C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-EITUCK 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 Traveler-Mattituck Watch- onge each week for ...... CftC....(..../.../... wee successively, commencing on the ............ .ff...~ ................... ...... . ............................ ~.~,,~, .......... :~.~./. .............. .~. ........ Sworn to before me this ........ ?....~... ....... day of LEGAL NOTICE 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 September 20, 1973, on the following appeals: 7:45 P.M. (E.D.S.T.), upon application of William Grefe, New Suffolk Avenue, New Suf- folk, Ncw York, for a ~pecial exception in accordance with Zoning Ordinance, Article IX, Section 900 as refers to Article VIII, Section 800 B-4, 3 and Ar- ticle IX, Section 900-8 /or per- mission to operate building contractor yard and to manufacture and store concrete products. Location of property: W-S Cox Lane, Cutchogue, bounded north by L.B. Glover, Jr.; east by Cox Lane; south by B. Harris; west by L. Glover, Jr. 7:55 P.M. (E.D.S.T.), upon application of John F. Keating, 19 995 Soundview Avenue, Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 302 for permission to erect an ac- cessory building in front yard area. Location of property: N-S Soundview A~venue, Southold, bounded north by Long Island Sound; east by F. Alfiari; south by Soundview Ave.; west by C. Poey. 8:05 P.M. (E.D.S.T.), upon application of Andre Pappas, 15 Pleasantview Drive, Bayvllle, New York, and Nines Savvides, 25-10 Hoyt Avenue, Astoria, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301 and Bulk Schedule for permission to divide property into two lots. Location of property: Lot No. 87, Capt. Kidd Estates, Inlet Drive and Summit Drive, Mattituck. New York. ~ 8:15 P.M. (E.D.S.T.), upon application of Albert M. Gar- bade, Jr., Indian Neck Lane, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and Bulk Schedule for permission to build a new dwelling with reduced rear yard. Location of property: Lot No. 21 and 22, Map of Arrowhead Cove,t W-S Arrowhead Lane, Pecoffm~ New York. ~ 8:25 P.M. (E.D ), upon application of Dom~nick Zito, proprietor of Southold Inn, Main Road, Southold, New York, for a special exception in accordance with the Zoning linance, Article VI, Section .J B-3 for permission to erect and maintain more than one ground sign. Location of property: N-S Main Road, Southold, New York bounded north by L. Barnett; east by L. Barnett; south by Main Road; west by F. Thompson. 8:35 P.M. (E.D.S.T.), upon COUNTY OF SUFFOLK, ~ ss: STATE OF NEW YORK, application of Sigmond Sar- nowski, 89-12 Woodhaven S%llar~ C, Dorian Boulevard, Woodhavan, New ...................................... York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301 and Bulk Schedule of Building Zone Ordinance for permission to reduce frontage of lot. Location of property: Lot No. 196, Map of Nassau Point, Old Cove Road, Cutchogue, New York. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: September 7, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TS13 being duly Sworn, says that.......he is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county; and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times one (1) weeks once in each week, ~r ........................... 13th successively ~ommeucing on the .......................... day of .../.. 13th Sworn to~befo~ me this ... ........ ~O,T~.~ .'r'.U~.L.I~ .O.F. .N.E.W, .~.~.a.K. .................. F01~I NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. ~-'~ ~ ~ -:-~. ~ ~ V ~ -- Date · .:.~.~,.~...~ ? ........ ~., ~,, .~ ,~,.~,,~,,, ~ ~.~.,,~. . ~ ~ 7~ ..................... '~' ...... ~":~' .................. ' ~"~": r,~ on the foJlowin~ mu~d~ ....... ;,..~~/~.. ....... :.,¢~ ..... , . ~;,: ~.~ ..... ~..~ ~ ~..~2:5::.,,~&. {Z ..... .................. ,..:..: ....... ~....~..~ .... ~..~...[ ......... c{.. ...... ~~ .... ~_,,.&~:,:,~ Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR 'TO THE ZONING BOARD OF APPEALS, TOWN 0F SOUTHOLD, N. Y. APPEAL NO. //~,JC~ ' DATE ...~,~..~., ..~.....~.. .... (We) ..~..1..b..e..~...~,...~..b.~.d..e..,....d..~.,. ............ of ...India~..~.~ck..~a,..2.~.~.oaio. .......... ~. Name of Appellant Street and Number ....T...o.~.n.....o...f.....S..o..u...t..h..9..1..d.. ...................................................... .N..,..y.;. .............. HEREBY 'APPEAL TO Munici p01ity ~ State ~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL~G/1NSPrr~TOR ON ...................... ............. .......... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) Name of Applicant f(~r. permit of ,..Z.~.d..,%.a.,~..~.e..c.,k...,.L.~..u..e.;,...~..e..c.,.o.~.i...c. ....................................... ~.,..Y..; .................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY t. LOCATION OF'THE PROPERTY ' Arrowhead Lane - "A" Residential Street Use~ District on Zoning Map · .~.~ .o..w..,h..e..~.¢...c...o.¥..e..~ ............ .2...%.. ~,~.q....2..2_ ........... 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 Ordi,n~nce.) Artlcl~ ITT: _~ 3~q~ and _~u!k Sched,_,!e- rear yard area variance 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 C~t:(has not) 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 forthe rea~n that Applicant's proposed site plan, to utilize the lots to their aesthetic maximum, will require an area variance to reduce the rear yard on the west side of the lots from the required 50 feet to approximately 16 feet, in effect to treat the rear yard as one side yard~ and to treat the side yard of 165 feet (Lot 22) as the rear yard Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficu]ti~ or unn~es- sob HARDSHIP b~au~ as shown on the survey-site plan attached, applicant intends to erect a dwelling 83 feet in front and rear by 54 feet deep on Lots 21 and 227 ~,~p of Arrowhead Cove. The lots are the southwesterly end lots on the ~ap~ and frorton Arrowhead Lane and .the.turnaround end of the~Lan~.~ ~he Ordinance requires the front and rear yards to face the road. Because of the topography and view over the Commoners Meadow and Feconic Bay~ the ~elling should, for aesthetic reasons~ face south-southeast over the Bay and the Commoners Shares (~hich are subject to a scenic easement)~ and the garage side of the house should face the road and the turnaround. The ~ two lots total !.076 acres; the house will ha%~ a 50 foot setback from the Lane~ the width of 83 feet will reduce the rear yard to 16 fee~ rather than the 50 feet requited~ ~nere is 10 feet elevation at the lot division line, sloping down on a grade to I foot at the southerly line of Lo~t 2!~. Applicant needs the elevation to build a full cellar, and the logical direction for the front of the dwelling is facing south. The effect of this application wilt be tb Yreat the "rear yard" on ~he west as a side yard and to treat Lot 22 as a rear yard 2. The ha~shig created[s UNIQUE and is notshared by ail propedJes alike in the immediate vicini~ ofthis prope~y and in this use district because there are no other ~ots on the Map with Chis size and locational problem, and the sharp decline from the midtine-of the lots (division line of 21 and 22) go ~he meadow. Although this lot(s) is ~ot a corner lot as defined in the ordinance it should be treated as such because of its location~ view~ the road end and thf turnaround~ Arrowhead Cove is a 1963 ~Siap~ but is not exempt under the 8rdimance. The effect of this application will be to treat the lots as a corner lot~ and to use the open i65 feet of Lot 22 as a rear yard~ maintaining the minimum distance from the westerly lot line as a "side yard". 3. The Variance wouJd ~sewe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it will have no real effect on adjoining property~ will not affect the health, safety and welfare of the community~ will provide maximum privacy and aesthetic utilization of this lot by a site planm maintaining the natural and acmnic quality of the parcel~ There will be no increased density (one dwelling on 1o076 acre)~ the dwelling will have the requisite setback from the road ; the parcel is otherwise conforming; and it is the southernmost parcel on this Map~ Effective aesthetic utilization of the parcet~ as well as topography permitting a f~ll basement~ rgquires the dwellihg ~o be located as on the enclosed survey. Siting the dwelling as required by the Ordinance would effeetively prevent reasonable aesthetic utilization of the parcel° STATE OF NEW YORK ) ) ss COUNYY OF SUF~OL~ ) Sworn to this 29th: day of. August ]9 73 V ~ Qualified in Suffolk County No. 52-9091250 Commission Expires March :20, i974 Joseph J. Snellenburg H 0 Attorney at ~outhold~ Ne.w York 1197! 8/30/73 Howard: The enclosed surveys are wrong; they show the house as 70 feet when it is overall (including ~arage) 83 feet. New surveys will be filed on Tuesday or Wednesday, showing the proper distance from the west lot line as 16 feet more or less~ and I'll withdraw these. Applicant is appearing pro se; I am' not appearing for him. Joe NOTE~ · = MONUM~N~ $1IODIVI$10N N&P FILED IN THE OPFlCg OP'I't~E ~LgRKOPSU~FOLK ~Y ON .EWSIONS YOUNG & YOUNG AUG,~'8 197:5 400 OSTRANDER AVENUE, RIVERH£AD, NEW YORK AUG. ~0~ 97'" ALDEN W, YOUNG HOWARD W, YOUNG ALBERT M. GARBA,D, E LOTNOS.21 CO.,