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Home My WebLink About1864 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1864 Dated November 30, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Gerard Goehringer Sigsbee Road Mattituck, New York 11952 To DATE Ja~ua=~ 10,1974 Appellant at a meeting of the Zoning Board of Appeals on January 10, was considered and the action indicated below was taken on your ( ) Request for variance due to lark of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1974 the appeal 1. SPECIAL EXCEPTION. 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 confirmed because 8:00 P.M. (E.D.S.T.), 'upon application of Gerard Goehringer, Sigsbee Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient frontage .and area, Lots 46 & 47, Sigsbee Road, Map of Mattituck Park Prop., Mattituck, New York. 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 hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) umque 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 detemined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 . ?,m: ROVED SEE RE~E/R~k~~~ /)NIN B D ~~ ~, ,~(~I ~O~. OAR OF APPEALS Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide property with insufficient frontage and area on Sigsbee Road, Map of Mattituck Park Prop., Lots 46 and 47, Mattituck, New York. The findings of the Board are that the area immediately surrounding applicant's property consists largely of 50 foot lots and that granting this application would create a conforming situation. 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. THEREFORE, IT WAS RESOLVED, Gerard Goehringer, Sigsbee Road, Mattituok, New York, be GRANTED permission to divide property with insufficient,frontage and area, Lots 46 and 47, Sigsbee Road, Map of Mattituck Park Prop., Mattituck, New York, as applied for. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, 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 Southotd, at the Town Officer Main Roadr Southold, New York, on January t0, 1974 on the following.appea!s: 7:30 P.M. (E.S.T~.) , upon application of Eugene and Sally Martens, 16i Rockaway Avenue, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305 - Section 100-35 for permission to erect and maintain stockade fence of excessive height2 Location of properny: S/S Bay Avenue (Skunk Lane) and bounded north by Bay Avenue (Skunk Lane; east by Town of Southold & Cutchogue/ New Suffolk Park District; south by Broadwaters Cove; west by A. Petrucci. 7:45 P.M. (E.S.T.), upon application of Donald and Nancy Arcuri, 60 East 4th Street~ Patchogue, New York, for a variance to the Zoning Ordinance~ Article IIIr Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback and rear yard. Location of property: South side Lighthouse Road @ Long Island Sound; bounded on the north by Long Island Sound; east by G. & D. Anderson; south by G. & D. Anderson~ west by Lighthouse Road. 8:00 P.M. (E.S.T.)~ upon application of Gerard Goehringer~ Sigsbee Road, Mattituck, New York~ for a variance in accordance with ~he Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient frontage and area. Location~of property: Sigsbee Road, Map of MattitBck Park~Prop., Lots 46 and 47, Mattituck, New York. Any person desiring to be heard on the above appeals ~should appear at the~time and place above Specified. ~Dated:~December 2~, 1~73 BY ORDER OF THE SOUTHOLD TOWN BOARD ~ ' OF APPEALS 'Legal Notice pg. 2 .PLEASE PUBLISH ONCE January 3, 1974, and FORWARD. FOUR AFFIDAVITS iOF PUBLICATION TO TN~ SOUTHOLD TOW~ BOARD OF APPEALS~ MAIN ROAD~ SOUTHOLD, NEW YQRK. Copies mailed to the following on December 27, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Supervisor Albert Martoc-chia Eugene & Sally Martens Donald & Nancy Arcurl William J. Clark a/c Gerard Goehringer NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law grid the provisions of the Amended Building Zone Or- dinance of the Town of South- old, 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 January 10, 7:30 P. M. (EST), upon appli- cation of Eugene and Sally Mar- tens, 161 Rockaway Avenue, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305~Section 100-35 for permission to erect and main- rain stockade fence of excessive height. Location of property: S/S Bay Avenue (Skunk Lane) and bounded north by Bay Ave- hue (Skunk Lane); east by Town of Southold & Cutchogue/ New Suffolk Park District; south by Broadwaters Cove; west by A, Petrucci. 7:45 P. M. (EST), upon appli- cation of Donald and Nancy Arcuri, 60 East 4th Street, Pat- chogue, New York, for a vari- ance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with ir~uf- flcient setback and rear yard. Location of property: South side Lighthouse Road & Long Island Sound; bounded on the north by Long Island Sound; east by O. & D. Anderson; south by~.G. & D. Anderson; west by LightllOUSe Road. 8:00 P. M. (EST), upon appli- cation of Gerard Ooehringer, S~gsbee Road, Mattltuck, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient frontage and area Location of property: Sigsbee Road, Map of Mattituck Park Prop., Lots 46 and 4'/, Mattltuck, New York. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: December 26, 19'/3 BY ORDER O1~ THE SOUTHOLD TOWN COUNTY OF SUFFOLK STATE OF NEW YORK/ ss: C. Whitney Booth, Jr., being duly sworn, soys 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 Troveler-Mattituck Watch- man once each week for ......... week successively, commencing on the ............ ~...~..~, ................ Sworn to before me this ....... ?./.~.. ......... day o{ ......... ...... , .. ~)TICE 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 10, 1974 on the following appeals: 7:30 P.M. (E.S.T.), upon ap- plication of Eugene and Sally Martens, 161 ,Rockaway Avenue, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305 - Section 100-35 for permission to erect and maintain stockade fence of excessive height. Location of property: S-S Bay Avenue (Skunk Lane) and bounded north by Bay Avenue (Skunk Lane): easl by Town of Southold & Cutchogue-New Suffolk Park District; south by Broadwaters Cove; west by A. Petrucei. 7:45 P.M. (E.S.T.), upon ap- plication of Donald and Nancy Arcuri, 60 East 4th Street, Pat- chogue, New York, for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with in- sufficient setback and rear yard. Location of property: South side Lighthouse Road & Long Island Sound; bounded on the north by Long Island Sound; east by G. & D. Anderson; south by G. & D. Anderson; west by Lighthouse Road. 8:00 P.M. (E.S.T.), upon ap- plication of Gerard Geohringer, Sigsbee Road, Mattituck, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient frontage and area. Location of property: Sigsbee Road, Map of Mattituck Park Prop., Lots 46 and 47, Mattituck, New York. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: December 26, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS WILLIAM J. CLARK Middle x~ Road Dec ember 7, 1973 Zoning Board of Appeal$~ Main Road, $outhold~ New York 11971 Re: Lots 46 & 47 ~p of ~roperty of Mattituck Park Properties, Inc. Gentlemen~ Enclosed is application for variance, together with check in the sum of $15.00. Very truly yours, ~":illiam J. Clark ¥'JCs hr Hncl. FORI~f NO. 3 TOWN OF SO~UTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. .'OTICE OF D:S^PPROV^' F,e No .................................................................. Dote .................... .~-.~ ..... ..... PLEASE TAKE NOTICE that your application dated .................. ~..~...~.. .... , 19 .... '"~'~ .... for permit to cu~i~uci . the premises located at ..... ..~....~... ...................................................................... Street Mop .~..~...~....~.;.C..~.~z. Block..~....~.. ................................... Lot r~me~-~rc;;'~t:-, arrd disapproved on the following grounds ...~]J~.]]~]]Z~....~ ..... ~..~i ..~. .~....~.....~..o...,:.~....~..~....~....~.~..: ....... .:..~.~..~....~.~.~.~4~-~-' · .! ......... ~.~.....~.L/:.o...~...?..~ ..... ~...~..~ ~ ............... Building Inspector( TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE zONING BOARD OF APPEALS, TOWN OF SOUTHOLDi N. Y. Name of Appellant Street and Number Mattituck N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State ZONI NG THE BOARDOF APPEALS FROMTHE DECISION OF THE BUILD,,p~ ,~.oPECTOR ON APPLICATION FOR PERMIT NO .................. ~ .................. DATED ..........~.....,~.../...~../..¢-./..~...----',/,,,-1 ................ I[ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY /~ ~ 1. HE PROPERTY ..~...e..s.~..e.~~~,..~...o..a...a: ..... ~...A...~ .................. Street Use District on Zoning Map Map of Property of Hattituck Park Properties Inc. .......................................................IV,ap No. i'g~"'l~lg. ~"~a_ ¢'7 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.) Art. III Sec. 303 and Art X Geo. 1000A 3. TYPE OF APPEAL Appeal is made herewith for ( ~J 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. Lows Art. t6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~l~l~(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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that property consists of two lots on a filed map, one lot is improved by a one family dwelling. The other lot is unimproved and cannot be utilized by the present owners. Fonu ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIPbecaus'e the upkeep and maintainance of the unimproved lot would create a burden to the owners as they are looking forward to retirement and the unimproved lot wouldbe offered for sale. 2. The hardship createdis UNIQUE and is notshared by all prope~ies alike in the immediate vicinity ofthis property and in this use district beco:use the unJmproved lot has Lo economic value at present. Originally was in single and separate ownership. The surroundimg properties were divided into fifty foot lots. Many of the surrounding parcels consist of fifty foot lots. 3. The Variance would obse~e the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because many o~e family dwellings are no~o~ fifty foot lots and granting the variance would comply with the original scheme or development of Bigsbee Road and would not adversely affect the public safety~ health a~d welfare of the community. STATE OF NEW YORK ) ) COUNTY OF ~FOZ~ ) SS Sworn to this ......... ~.O.,.t,.h., ........................... day of .................. ..N.~..v..e.,m...b..e,,.r. .................. 1973