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HomeMy WebLinkAbout1974 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~G BOAI~D OF APPEALS Appeal No. 1974 Dated November 12, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Nelmut Hass North Road Peconic r New York DATE De¢......Sr 1974 1974 Appellant at a meeting of the Zoning Board of Appeals on December was considered and the action indicated below was taken on your ( ) Request for variance due to iack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 5, 1974 the appeal I. SPECIAL EXC~ION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be con/irmed because 9:00 P.M. (E.S.T.), upon application of Hehnut Hass, North Road, Peconic, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B. C1 for permission to use existing house as two family dwelling. Location of property: S/S North Road, Peconic, New York, bounded on the north by Middle Road (CR 27); east by Hingle & Suffolk County; south by Long Island Railroad; west by K. Case. 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 ha the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance am/ (would) change the character of the district because SEE REVERSE (would not) and therefore, R was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 JOYED zo a ~~~j~ ~e~ott, Secretary After investigation and inspection the Board finds that applicant requests permission to use existing house as two family dwelling. The property is located on the south - side of North Road, Peconic, New York. The findings of the Board are that applicant already has two houses and two businesses on approximately 50,000 sq. ft. The Board c~n not allow any further density of this lot. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordinance will not be observed. THEREFORE IT WAS RESOLVED, Helmut Hass, North Road, Peconic, New York, be DENIED permission to use existing house as two family dwelling, for the reasons stated. Location of property: S/S North Road, Peconic, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. 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 December 5, 1974, on the following appeals: 8:00 P.M. (E.S.T.) upon application of Thomas A. Duffey, T.A.D. Auto Sales, Main Road, Cutchogue, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B.4 (a) for permission to conduct a used car sales business, (b) to erect a second sign. Location of property: Main Road, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; south by M. Barteau; west by Fleet Estate. 8:15 P.M. (E.S.T.) upon application of Walt Whitman Federal Savings & Loan Association, Main Road & Bay Avenue, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (b) for permission to erect sidewall sign. Location of property: Main Road & Bay Avenue, Mattituck, New York, bounded on the north by Main Road; east by Bay Avenue; south by E. & H. Wilsberg; west by J. McCarthy 8:30 PoM. (E.$.T.) upon appl±cation of Williem He±ns, Road, Oriont, New York for a special exception in accordance with tho Zoning Ordinance, Articlo III, Section 100-30 B.1 for pe£mission to convert existing one family dwelling to two family dwelling. Location of property: S/S Oregon Road @ Etijah's Lane, Mattituck, bounded on the north by Oregon Road; east by Elijah's Lane; south by F. Deerkoski; west by M. Sidor, Jr. Legal Notice Page 2 8:45 P.M. (E.S.T.) upon application of James A. Davis, Harbor Lights Drive, Southold, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B.4 for permission (a) to operate a used car business, (b) to erect sign. Location of property: S/S Main Road, Greenport, New York, bounded on the north by Main Road (Rte. 25); east by Robert Brown; south by Robert Brown; west by A. Campbell. 9:00 P.M. (E.S.T.) upon application of Helmut Hass, North Road, Peconic, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B. C1 for p~rmission to use existing house as two family dwelling. Location of property: S/S North Road, Peconic, New York, bounded on the north by Middle Road (CR 27); east-Hingle & Suffolk County~ south by Long Island Railroad; west by K. Case. 9:15 P.M. (E.S.T.) upon application of Gloria & Edward J. Praetz, 53750 North Road, S~uthold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Schedule for permission to construct addition to dwelling with reduced setback. Location of property: North Road (CR 27) and Beverly Road, Southold, New York, bounded on the north by North Road (CR 27); east by D. Brady; south by R.O.W. Meissnest; west by Private Road - Beverly Road. 9:30 P.M. (E.S.T.) upon application of George Ahlers Builder, a/c A. & R. Usatch, Nassau Inc., 250 Cox Lane, Cutchogue, New Yor~for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Article III, Section 100-32 for permission to locate accessory building (garage) in front yard area. Location of property: Lot NOs. 184 & 185, Map of Nassau Point No. 156, N/S Broadwater Road, Cutchogue. Legal Notice Page 3 9:45 P.M. (E.S.T.) upon application of James O. and Joan A. Maxwell, 51 Village Lane, ~auppauge, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient sideyards. Location of property: S/S Fleetwood Road, Cutchogue, New York, bounded on the north by Fleetwood Road; east by A. Weiss & Ors; south by M. Dalton; west by M. Driver. 10:00 P.M. (E.S.T.) upon application of Joseph Cherepowich & Wife, Main Road, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section '100-30 and Bulk Schedule for permission to set off lot with insufficient area. Location of property: Main Road & Shipyard Lane, East Marion, New York, bounded on the north by Main Road (Rte 25); east by other land of applicant; south by J. Rhode; west by Shipyard Lane. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: November 21, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS LEGAL NOTICE ~ NOTICE OF HEARINGS Praetz, 53750 North Road. South- old, New Yor~- %r a variance in Pursuant to Section 267 of the accordance w, ne Zoning Ordi- Town Law and thc provisions of nance, Article ill Section 100-34 the Amended Building Zone Or- and Bulk Schedule for permission COUNTY OF SOl:FOLK ss: dinance of the Town of Southold. to construct addition to dwelling STATE OF NE-hAt YORK Suffolk County, New York, public with reduced setback. Location of hearings will be held by the property: North (CR ,27) and Zoning Board of Appeals of the Beverly Road, Southold, New Town of Southold, at the Town York, bounded on the north by Sherley Kotz, being duly sworn, soys thot she is fft~ Office, Main Road, Southold. North Road (CR 27); east by D. New York, on December 5, 1974, Brady; south by R.O.W. Meiss- Editor, of THE LONG ISLAND TRAVELER - MATTITUCK on the following appeals: nest: west by Private Road - 8:00 P.M. (E.S.T.) upon ap-Beverly Road. WATCHMAN, o public newspoper printed ot Southold, ~lication of Thomas A. Duffey, 9:30 P.M. (E.S.T.) upon ap- in Suffolk County; ond thor the notice of which the T.A.D. Auto Sales.- Main Road, plication of George Ahlers Build- er, Inc., 250 Cox Lane, Cutch. onnexed is o printed copy, hos been published in soid Cutchogue. New York for a spe- cial exception in accordance ,Nth ogue, New York a/c A. & R. _on§ Islond Troveler-Mottituck Wotchrnon once eoch thc Zoning Ordinance Article Usatch, Nassau Pt. for a variance ~ VII Seci°n 100'70 B~ a f°rin acc°rdance with the Z°ning~'eek for (/~.~"~q~-~ 6/} week( er'mission to conduct ~ used car Ordinance, Article 111, Section ........... ~"~"~' ...................... :Z~,, ~ sales business (b) to erect a 100-30 c. and Article III, Sectmn . . '~ \~ ~ - · ~ ~ ~ ;uccess~ve y commenc ng on the ............. ~...057... ............ sccondsign: Location of property: luO-3z for permission to mcate "' Main Road, Cutchogue, New accessory building (garage)in ./:~..~ .~.~.. York, bounded on the north by front yard area. Location of~pro-d°Y of ......... i' .......... , ]9. Main Road; east by Pequash perry: Lot Nos. 184 & 18S, Map of Avenue; south by M. Barteau; west by Fleet Estate. 8:15 P.M. (E.S.T.) upon ap- plication of Walt Whitman Feder~ al Savings & Loan Association, Main Road & Bay Avenue, Matti- tuck, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (b) for pernfission to erect sidewall sign. Location of property: Main Road & Bay Avenue, Mattituck, New York, bounded on the north by Main Road; east by Bay Avenue; south by E. & H. Wilsberg; west by J. McCarthy. 8:30 P.M. (E.S.T.) upon ap- flication of William Heins. Main Road. Orient, New York for a special exception in accordance with the Zoning Ordinance, Article 111, Section 100-30 B.I for lermission to convert existin~ one family dwelling to two fa~il3 dwelling. Location of property: S/S Oregon Road at Elijah'~, Lane, Mattituck, bounded on the north by Oregon Road; east b5 Elijah's Lane; south by F. Deer. koski; west by M. Sidor, Jr. 8:4S P.M. (E.S.T.) upon ap. ~lication of James A. Davis, Harbor Lights Drive, Southold, New York for a special exception In accordance with the Zoning Ordinance, Article VII, Section 100-70 B.4 for permission (a) to operate a used car business, (b) to erect sign. Location of pro- perty: S/S Main Road, Green- port, New York, bounded on the north by Main Road (Rte. 2S); east by Robert Brown; south by Robert Brown; west by A. Camp- bell. 9:00 P.M. (E.S.T.) upon ap- plication of Helmut Hass, North Road, Peconic, New York for a special exception in accordance with the Zoning Ordinance, Article 111, Section 100-30 B. Cl for permission to use existing house as two family dwelling. Location of property: S/S North Road, Peconic, New York, bound- ed on the north by Middle Road (CR 27); east-Hingle & Suffolk County; south by Long Island Railroad; west by K. Case. 9:15 P.M. (E.S.T.) upon ap- plication of Gloria & Edward J. Nassau Point No. 156, N/S Broad- water Road, Cutchogue. 9:4S P.M. (E.S.T.) upon ap- plication of James O. and Joan A. Maxwell, SI Village Lane, Haup- pauge, New York for a variance in accordance with the Zoning Or- dinance, Article Ill, Section 100-30 and Bulk Schedule for per- mission to construct dwelling with insufficient sideyards. Location of property: S/S Fleetwood Road, Cutchogue, New York, bounded on the north by Fleetwood Road; east by A. Weiss & Ors; south by M. Dalton; west by M. Driver. 10:00 P.M. (E.S.T.) upon ap- plication of Joseph Cherepowich & Wife, Main Road, East Marion, New York for a variance in accor- dance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient area. Location of property: Main Road & Shipyard Lane, East Marion, New York, bounded on the north by Main Road (Rte. 2S); east by other land of applicant; south by J. Rhode: west by Shipyard Lane. Any per,on desiring to be heard on the above appeals should appear at the time and place above specified. Dated: November 21, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS lT-11/28 Sworn to before me this ....... wc....-d'.. ...... doy of .......... ...... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEA, NO. / F 7F DATE Nov~m]o~r t2~1974 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~.~Imttt F~ss _f North Road, ?econic 1, (We) ........... : ...................................................... u ............................................................................ Name of Appellant Street and Number ?~conic N~.w York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .......... ~....L~.,.~...~,......../.....~...~..... WHEREBY THE BUILDING INSPECTOR DENIED TO (X -) ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE as.-.a-,.~t~0 family PERMIT FOR OCCUPANCY South Sid~ of North Road ~'B-1~ LOCATION OF THE PROPERTY .......................... ;.~ ..................... : .................................................. Street Use District on Zoning Map Iv~ap 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.) Articl~ III S~c.100-30-B~C1 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordin.ance 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. S6ch appeal was ( ) request for a special permit (l~) 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 ) ,,s requested for the reason that :Form (Continue on other side)~ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary H~R[DSHI:P because Applicant is a widower (l~ife d~c~ased ~To~rc, mbez' 25~ 1973) and present house is too targ~ snd uneconomical for singl~ occupancy~ 2. The hardship created is UNIQUE and is not shared by a[I properties alike in the immediate vicinity of this property and in this use district bec.a:useZqhi$ has ~on the ~ast property lin~ a Sh~ffo%k County s~p or catch basin~ Th~ South property !in~ is directly adjacent to th Long Island Th= n~arest n=ighbor resident is a'ppro×imat~ly I~000 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because November 18, 1974 Mr. }ielmut Hass North Road Peconic, N. Y. 11958 Dear ~[r. Hass: With regard to your Appeal No. 1974 scheduled f~r a hearing on December 5, 1974, will you please send th~ Board of Appeals a current survey of property showing all buildings and types of businesses. Yours truly, Marjorie McDermott, Secretary