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HomeMy WebLinkAbout1713 Appeal No. 1713 ACTION OF THE To TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Dated January 11, 1973 ZONING BOARD OF APPEALSOF THE TOWN OF SOUTHOLD Charles A. Gagen Pine Neck Road Southold, New York January 25, 1973 DATE ....................... Appellant at a meeting of the Zoning Board of Appeals on January 25, 1973 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 ( ~ Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By re~lution ~ the Board ~ was determined th~ a speci~ exception ( ) be ~a~ed ( ) be denied pursua~ to Article ............... ~.... Section .................... Sub~ct~n .................... para.apb .................... ~ the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be ~nfirmed because 8:30 P.M. (E.S.T.), upom application of Charles A. Gagen, Pine Neck Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to set off lots with less than required area and frontage. Location of property: south side of Clearview Avenue, Southold, bounded north by Clearview Avenue; east by Gagen's Landing Road; south by John Gagen; west by School. Correction as per minutes of 1/23/73: south by Goose Creek~ west by Hassler. 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 ( ) be denied and that the previous decisions of the Bull&lng Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 After investigation and inspection the Board finds that applicant requests permission to set off lots with less than required area and frontage. The findings of the Board are that the majority of the lots in the area are smaller in size~ and that the proposed lots have Planning Board approval. 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. TH~Pd{FORB IT WAS ItESOLVBD Charles A. Gagen, P£-ne Neck Road, Southold, New York, be GRANTED permission to set off lots with less than required area and frontage on premises located on the south side of Clearview Avenue, Southold, New York, as applied for. Vote of the Board: Ayes:- Messes: 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 25, 1973, on the following appeals: 7:30 p.m., E.S.T., upon application of Adolph Breitenbach, Jr., Main Road, Aquebogue, N.Y., a/¢ John Loper, School House Lane Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-~, for permission to put a swimming pool and fence in side yard area. Location of property: South side of Pike Street, Mattituck, N.Y., bounded and described as follows: north by Pike Street; east by Hudson/ Tuthill; south by Browne/Waldvogel; west by Maple Avenue. 7:40 p.m., E.S.T., upon application of Ethel E. Wortis, South Harbor Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-l, for permission to make two family dwelling out of existing dwelling. Location of property: west side of South Harbor Road, Southold, bounded and described as follows: north by Stankewicz and Morton; east by South Harbor Road and others; south by Richmond Creek; west by Richmond Creek. 7:50 p.m., E.S.T., upon application of Terry S. Triades, 164-01 32nd Avenue, Flushing, New York, a/c Istepan Minakyan and Semun Bedikoglu, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to sell lot with less than reqUi~ed width. Location of property: north side of Sound View Avenue, Mattituck, Minor Subdivision 044, Lot ~2, bounded and described as follows: north by Long Island Sound; Legal Notice Page 2 south by Other land of applicant; south by Sound View Avenue; west by other land of applicant. 8:00 p.m., E.S.T., upon application of William Manning, 1507 South 7th Street, Aberdeen, South Dakota, 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. Location of property: west side of Beebe Drive, Cutchogue, New York, bounded and described as follows: north by J. Hataier and wife; east by Beebe Drive; south by J.T. Beebe; west by Eugenes Creek. 8:10 p.m., E.S.T., on motion of Board of Appeals to reconven~ hearing on Application ~84, George G. Wetmore, Island View Lane, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, C-6, d and f, for permission to maintain ground sign on premises located west side of Main Road, Greenport, bounded and described as follows: north by Albertson Lane; east by Main Road; south and west by A. Cassidy and others. 8:20 p.m., E.S.T., upon application of Joseph Frohnhoefer, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and Bulk Schedule for permission to build addition to store with insufficient setback and side yard. Location of property: south side of Main Road, Southold, New York, bounded and described as follows: north by Main Road; east by Southold Oil Co. and others; south by C. Turner; west by D. Rothman. Legal Notice Page 3 ,8:30 p.M., E.S.T., upon application of Charles A. Gagen, Pine Neck Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Iii, Section 301, for permission to set off lots with less than required area and frontage. Location of property: south side of Clearview Avenue, Southold, New York, boun~e~ north by Clearview Avenue; east by Gagen's Landing Road~ south by John Gagen; and west by Schoof 8:40 p.m., E.S.T., upon application of Theodore and Jacqulin~ Bittner, Soundview Avenue, Southoid, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-12, for permission to amend his special exception to build an enclosed riding and training ring in a building to be located north of the present riding ring. Location of property: south side of Sound View Avenue, Southold, N.Y., bounded north by Sound View Avenue; east by Booth and Lebroski; south by County Road 27 (Middle Road); west by S. Sepen0ski Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: January 12, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JANUARY 18, 1973, AND FORWARD EIGHT (8) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. 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 25, 1973, on the following appeals: 7:30 p.m., E.S.T., upon ap- plication of Adolph Broiteabach, Jr., Main Road, Aquebogue, N.Y., a-c John Loper, School House Lane, Mattitock, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 300 C-2, for permission to put a swimming pool and fence in side yard area. Location of property: south side of Pike Street, Mat- titRck, N.Y., bounded and described as follows: north by Pike Street; east by Hudson- Tuthill; south by :Browne- Waldvogel; west by Maple Avenue. 7:40 p.m., E.S.T., upon.ap- plication of Ethel E. Wortis, South Harbor Road, Suuthold, New York, for a special exeeptiea in accordance with the Zoning Ordinance, Article III, Section 300, B-l, for permission to make two family dwelling out of existing dwelling. Location of property: west side of South Harbor Road, Suuthold, bounded and described as follows: north by Stankewicz and Morton; east by South Harbor Road and others; south by Richmond Creek; west by Richmond Creek. 7:50 p.m., E.S.T., upon ap- plication of Terry S. Triades, 164- 01 32nd Avenue, Flushing, New York, a-c Istepan Minakyan and Semun Bedikoglu, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to sell lot with less than required width. Location of property: north side of Sound View Avenue, Mat- tituck, Minor Subdivision No. 44, Lot No. 2, beanded aad described as follows: north by Long Island Sound; south by other land of applicant; south by Sound View COUNTY OF SUFFOLI~ STATE OF NEW YORK, ~ ss: ........ ~.~..~..~.9~..~ ........... being duly Sworn, says that ...~.e.. is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, for ..... 0~ .................. weeks successively commencing on ~e ...... ?.J..~..h~.e.e..n?.h. ....... Sworn to be?r~e me this ..../. ,, · .,,:. ~.,,~,(~.-.~;-~ .~c.n.... ~: ................. .... /" ~rv('~ I ~wRFN'CE TOWN~END ... / ................ C!ks ~4o 529765350 '~ L/ LEGAL NOTICE (Co~[J~ed [rom p~g~ ~9) Avenue; west by other land of applicant. 9:00 p.m., E.S.T., upon ap- plication of William Manning, 1507 South 7th Street, Aberdeen, South Dakota, 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. Location of property: west side of Beebo Drive, Cutchogue, New York, bounded and described as follows: north by J. Hataiar and wife; east by Beebe Drive; south by J.T. Beebe; west by Eugenes Creek. 8:10 p.m., E.S.T., on motion of Board of Appeals to reconvene hearing on Application No. 84, George G. Wetmore, Island View Lane, Greenpor t, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, C-6, d and f, for permission to maintain ground sign on premises located west side of 'Main Road, Greenport, bounded and described as follows: north by Albertson Lane; east by Main Road; south and west by A. Cassidy and others. 0:20 p.m., E.S.T., upon ap- plication of Joseph Frohnhoefer, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and Bulk Schedule for permission to build addition to store with insufficient setback and side yard. Location of property: south side of Main Road, Southold, New York, bounded and described as follows: north by Main Road; east by Scutbold Oil Co. and others; south by C. Turner; west by D. Rothman. ~ 8:30 p.m., E.S.T., upon ap- plication of Charles A. Gagen, Pine Neck Road, Seuthold, New York, for a variance in ac- :ordance with the Zoning Or- dinance, Article III, Section 301, for permission to set off lots with less than required area and frontage. Location of property: south side of Clearview Avenue, Seuthold, New York, bounded north by Clearview Avenue; east by Gagen's Landing Road; south ~by John Gagen; and west by~ Schoof. 8:40 p.m., E.S.T., upon ap- plication of Theodore and Jacquline Bittner, Soundview Avenue, Southold, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-12, for permission to amend his special exception to build an enclosed riding and training ring in a building to be located north of the present riding ring. Location of property: south side of Soundview Avenue, Soutbold, N.Y., bounded north by Soundview Avenue; east by Booth and Lebreski; south by County Road 27 (Middle Road); west by S. Sepeneski. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: January 12, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS NOTICE OF HEARINGg, Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, Suffolk County. New York. public hearino~ will be held by the Zon- ing Board of Appeals of the To~n of Southold, at the Town Office, Main Road. Southold. New York, on January 25~ 1973. on the fol- lowing appeals: 7:30 P. M.. EST. upon appli- cation of Adolph Breitenbach. Jr.. Main Road. Aquebogue, I51. Y.. a~c John Loper, School House Lane. Mattituck, New York, for a variance in accordance wi*h the Zoning Ordinance. Article IIL Section 300 C-2. for permis- sion to put a swimming oool and fence in side yard area. Location of property: South side of Pike Street. Mattituck. N. Y.. bounded and described as fo, flows: north by Pike Street: east by Hudson: Tuthilh south by Browne/Wold- vogel: west by Maple Avenue. 7:40 P. M.. llDon application of Ethel E. Wortis. South Road. Southold. New York. for a special exception in accordance with the Zoning Ordinance. Ar- ticle III. Section 300. B-1. fro' permis~iou lo make two family Location of property: west side of South Harbin. Road. South(fld bounded and described as follows: north by Stankewicz and east by South Harbor Road and others: south by Richmond Creek: 'seat b~ Richmond Creek. 7:50 P. M.. ]~ST uoon anoli- cation of Terry S Triadeq. 164-01 frontage. Loca~tion of property: west side of Bee[e ' e. Cut- chogue, New York., -led and described as follows: north by J. Hataier and wife; east by Beebe Drive; south by J. T. Beebe; west by Eugenes Creek. 8:10 P. M. EST, on motion 0t Board of Appeals to reconvene hearing on Application No, 84. George G. Wetmoce, Island View Lane, Greenport, New York. for a special exception in accordance with the Zoning Ordinanco. Ar- ticle III, Section 300. C-6, d and f. for permission to maintain ground sign on premises located west side of Main Rom;l, ~,reen- port, bounded and described as follows: north by Albertson Lane; east by Main Road: south and west by A, Cassidy and others, 8:20 P. M,, EST. upon appli- cation of Joseph Frohnhoefer. Main Road. Southold. New York, for a variance in accordance with VII, Section 70I and Bulk Sched- ule for pcrmi,~sion to build addi- tion to store with insufficient set- back and side yard, Location of property: south side of Main Road. Southold, New York. bounded and described as follows: north by Main Road; ea:~t by Southold Oil Co and others; south by C. Turner: west by D. R~othman. ~ cation of Charles A. Gagen. Pine Neck Road. Southold, New York, for a variance in accordance with ghe Zoning Ordinance~ Article IIL Section 801. for permission to set off lots with less than re- lion of property: south side of Clearview Avenue. Southold. New York. bounded north by Cleav- Oagen; west by School. ~ 8:40 P. M.. EST. upon--~ppli-'- Seuthold. for a special exception in accordance with the Zoning Ordinance. Article III. Section 300. B-12. for permission to a- mend his special exception to build an enclosed riding and training ring in a building to be located north of the present rid- Southold. N. Y.. bounded north Booth and Lebroski: sooth by County Road 27 (Middle Road}; on the above applications ~hould appear at the time and place above specified. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK } STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, soy_= thor he is the Editor, of THE LONG ISLANC TRAVELER - MATTITUCK WATCHMAN, o public news poper printed et Southold, in Suffolk County; end tho/ the notice of which the onnexed is o printed copy, hes beer published in soid Long Islond Troveler-Mettituck Wetch: moa once eoch week for .... (~...~......~."/./... wee~) successively, commencing on the ............... .~..~...~...~.~.. ....... of ........ Sw~p}m t~o .bef~re me this ......... /.Z ...... day of FOP~ ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFF[CE SOUTHOLD', N. Y. NOTICE OF DISAPPROVAL F,le No ................................................................... Date .............../' ,~':;);~'L:'; ...... .... ~ ...... ~'~'"'";X-~:'"C55~'~.>"-~ ..... ......... ~,,~/{x ........ ~ .............................. PLEASE TAKE NOTICE that your application dated .............. ~]..5~:~2 ..... I ~. ............. , 19.~.~. ~or permit to ~-=~. ~... i ....... a~ the premises located at ..... ~x ............................ Map ............ ~: ........................ Block ......... ~5 ........................... Lot .......... =~ h~pwith =nd disapproved on the following grounds ...... &~'...~%..~z¢.:~ .......... ~~-: -~:~.... :~.~.....:.~..~ ............ : ......................... ............................................ TOWN OF SOUTHOLD, NEW YORK .APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. l~/-~ DATE ..... 'TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOED~ N. Y. 1, (We)....C,~..L,.E..S.....A..:.....G..A...G..E..N.. ........................ of Pine Neck Road Nome of Appella,nt Street and Number SOUTHOLD N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State 'THE ZONING BOARD O'F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (,.4' CHARLES A. GAGEN Name of Applicant for permit of Pine Neck Road Southold, N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ^ ,- ~ - '1. LOC'ATION OF THE PROPERTY 8./~...o..f..C..1..e...a..r...v..%.e...w.....A..v...e..n...u.e ........ '~.......~..!.~...~.,.., Street Use District on Zoning Map Map No. Lot No. 1973 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub~ section qnd Paragr~he Zoning Ordinance by number. Do not quote the Ordi,n:ance.) "' TYPE OF APPEAL Appeal is made herewith for ( 'vO/ 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 (h~) (has not) been made with respect to this decision of the Building Inspector or with respect to this pFoperty. Such appeal was ( ) request for a special permit (X) request for a variance and was made in AppeQI No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that premises consist of an area having a total frontage of 398.77 feet on Clearview Avenue, and Applicant seeks to set off three sepaarate residential parcels as shown on map submitted herewith. Forra ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldiffJcultiesorunneces- s~ry HARDSHIP becaus'e residential parcels in the area consist of 100 feet frontage plots, and applicant will be unable to dispose of the larger tract for residential purposes unless it can be sold in smaller parcels of approximately 133 feet frontage each~ 2. The hardship creotedis UNIQUEandisnotshared by oil properties alike in the immediote vicinity ofthis property andinthis use districtbec~use the majority of parcels in the vicinity consist of smaller size plots having 100 feet frontage, and the proposed variance would result in similar type parcels. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becouse the resulting parcels would substantially conform to the other parcels in the vicinity and would have larger square foot areas. STATE OF NEW YORK ) ) ss COUNTY OF SITFFOLK ) Sworn to this ................. .]:.2...t..h.. ................... doy -~ January ,~ 73 R~{ing in Suffolk County No, 52.3954850 $outhold Town Planning Board 50UTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John WJckham, Chnlrman Henry Molsa Alfred Grebe Henry Raynor Prank Coyle November 30, 1972 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Charles Gagen Gentlemen: The Planning Board has told Mr. Gagen that he must submit map of his property at Southold to the Board of Appeals for a variance. These lots are slightly undersized but we would favor approval of this on the part of the Appeals Board because the original submission was for four lots. On July 18, 1972, we required the developer to reduce them to three lots, which has been done. Very sincerely, John Wickham, Chairman Southold Town Planning Board JW:tle SuffoLk County Department o~ Planning Veterans Memorial Highway Hauppauge, Hew York 11787 February 20, 1973 Mr. Robert W. Gillispie, Jr. Chairman Town of Southold Zoning Board of Appeals Box 296 - Main Road EAst Marioan, N. Y. 11939 Petitioner : Charles A. Gagen 1713 Mu,~: File No. : S.C.P.D. File No.: SD-73-4 Dear Mr. Gillispie: Pursuant to the requirements of Sections 13Z3 to 1332 of the SuffoLk County Charter, the ~bove captioned application which has been re- ferred to the Suffolk County plan.lng Commission is considered to be a matter for local determination. The decision of local determina- tion should not be construed as either an approval or a disapproval. Comments: The Board of Appeals should cautiously exercise its dis- cretionary power in granting such substandard lot area variances which only serve to undermine the effectiveness of the zoning ordinance, alter the character of the area and establish a precedent for the continuance of such a practice. GCN:ec by Respectfully yours, Lee E. Koppelman Director of Planning CI-I;F F PLANNER Town Of Southold TOWN CLERK 765-3783 Building Dept. f Planning Bd. 768-2660 Board of Appeals TOWN CLERK'S OFFICE Main Road Sou~hold, N. Y. 11971 Pursuant to the General M'unicipel Law, Chapter 24-, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the -.])oar(~..o~...AD[o~als .......... of the town of Southold, N. Y. hereby refers the following (agency invorv&clI proposed zonir~g action to the Suffolk County P]ennlng Commission: (check oneI New and recodified zoning ordinance ............ Amendment fo the zoning ordinance ............Zoning changes ..........Special permits · ~Variances Location of affected land: .S/~..C. lear...¥1e~..~v.e .&..Gagan-La. nding. ~oad..~..G.o~se...C~'eek within 500 feet of: (check one or more) $outhold Goose~creek~ an .arm oflln~outhold (~eeonie) bay ............ /own or Village Dounoery ............ State or county road, parkway or expressway ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ Stere or county owned parcel on whTch e public building is sltueted Comments: The three a~proved lots are made from four as originaly plannedt and have frontage and are in excess of all the interior lots in this un-filed development, this a basicaly a 100 ft front & 12,500 eq ft area development which was started prior to our zoning in 1957. Date: Feb..1.~..,.. 1.97~3 ............ ~stgnea) ~ ~ .v .......... Cha~rman.,...l~[-..Ap.peats ................... Title Date received by Suffolk County Planning Commission ...................................................... F~le No .......................... 0 0 SO~TMOLD N.~