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HomeMy WebLinkAbout1755 TOWN O~ SOUTHOLD, NEW YORK ACTION OF TH~ ZO~ ~OA~D OF ~P~EALS Appeal No. 1755 Dated April 16, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Anthony Gambino Deep Hole Drive Mattituck, New York DATE ~7~y....~.,. 1973 Appellant at a meeting of the Zoning Board of Appeals on May 10, 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 (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board R was determined that a ~ec~l excep~on ( ) be ~a~ed ( ) be denied pur~ant to Article .................... ~c~on '. ................... Sub~ction .................... paragraph .................... of the ~ni~ Ordinance and the dec.ion of the Bufld~g I~pector ( ) 'be reversed ( ) be co~med ~ca~e 7:40.P.M. (E.S.T.), upon application of Anthony Gambino, Deep Hole Drive,,Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, SectiOn 303 and Bulk SChedule~ for permission to construct addition to dwelling with leSs than required side yard and will change setback. Location of property: Deep Hole Drive, Mattituck, bounded north by Mathais Brewi; east 'by Deep Hole Drive; suuth by G. Nuz'Zelo; west by DeeP Hole Drive. 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 practical difficnlties or unnecessary 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 SEE REVERSE (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 ( ) be coy-firmed ( ) be reversed. SEE REVERSE FORM ZB4 APPROVED ZONING BOARD OF APPEALS Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to construct addition to dwelling (garage) with less than required sideyard, and will change setback on premises located on Deep Hole Drive, Mattituck, New York. The findings of the Board are that the depth of the lot is substantial and that the garage will be located a distance of 80 feet (plus) from Deep Hole Drive. 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 ~eighborhood, and will observe the spirit of the Ordinance. THEREFORE IT'WAS REsOLVED Anthony Gambino, Deep Hole Drive, Mattituck, New York, be GRANTED permission to construct addition to dwelling with less than required sideyard, and will change setback, on property located on Deep Hole Drive, Mattituck, as applied for, subject to the following conditions: 1. That the garage shall be located no closer than 80 feet from Deep Hole Drive. 2. That the garage shall be located no closer than 5 feet to any side line. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. LEGAL NOTICE Notice of Hearings 7 of the ToWn Law and the provisions Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Town of Southold, at the Town Office, Main Road, Southold, New York, on May 10, 1973, on the 7:30 P.M, (E~D.S.T), upon application of Ekinny Dip P~l Co., Inc., 250 Cox Lane, Cutchogue, a/c Richard Addy, Sound View Avenue, Southold, for a variance in accordance with the Zoning Ordinance Article III, Section 300 C and Section 302, for permission to construct swimming pool in side yard area. Locatio~ of property: north side Sound View Avenue, Southold, New York, bounded north by Long Island Sound; east by Alfred H. Cosden; south bT Sound View Avenue; west by Estate of Joseph H. Marshall. 7:40 P.M. (E.D.S.T.), upon application of Anthony Gambino, Deep Hole Orive, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to construct addition to dwelling with less than required.side yard and will change setback. Location of property: Deep Hole Drive, Mattituck, bounded north by Mathais Brewi; east by Deep Hol~ Drive; south by G. Nuzzolo; west by Deep Hole Drive. 7:50 P.M. (E.D.S.T.), upon application of Skinny Dip ~ool Co., Inc., 250 Cox Lane, Cutchogue, a/c Arthur Siemerling, Inlet Drive,i Capt. Kidd Estates, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C and Section ion to build swimming pool in side yard area. Legal Notice Page 2 Kidd E f: Lot ~70 and I/2 of lot %69, Map of~Capt~ res, Mattituck, New York. 8:00 P.M. (E.D.S.T~), upon application of Charles O. and Florenc~ A. Ziegler, 1600 Bay Avenue, East Marion, for a variance in accordance with the Zoning Ordinance Article. IV, Section 400 and Bulk Schedule, for permission to divide property with less than required area. Location of property: west side Bay Avenue, East Marion, New York, bounded north by W. Washburn; east by Bay Avenue; south by Marion Lake; west by W. Washburn. 8:10 P.M. (E.D.S.T), upon application of S. Lloyd Dickerson, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305, as applicable to Article VII, for permission to construct six foot high chain link fence in front yard area. Location of property: Main Road and Sigsby Road, Mattituck, New York, part of lot #2 and ~3, Map of Mattituck Park Property. Dated: April 26, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, May 3, 1973, mD FORWARD FIVE (5) AFFIDAVITS OF PUBLICATION TO THE $OUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD~ SOUTHOLD, NEW YORK Copies mailed to the following on April 26, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Skinny Dip ~ool Co., Inc. a/c Richard Addy Anthony Gambino Skinny Dip Pool Co., Inc. a/c Arthur Siemerling Charles O. & Florence A. Ziegler , S~ Lloyd Dickerson NOTICE OF HEARINGS Pursuant to Section 267~ of the Town Law and the provisi' "of the Amended Building Zo )r- dinance of the Town of So~ · ,old, Suffolk County, New YorK,; blic hearings will be held b ,.he Zoning Board of Appea'*, el the Town of Southold, at the Town Office, Main Road, Southold, New York, on May. 10, 1973. on the following appeals. '/:30 P. M. (El)ST), upon appli- cation of Skinny Dip Pool Co.. Inc., 250 Cox Lane, Cutchogue, a/c Richard Addy, Sound View Ave- nue, Seuthold, for a variance in accordance with the Zoning Or. dinance Article IlL Section 300 C and Section 302, for permission to construct swimming pool in side yard area. Location of property: north side Sound View Avenue, Southold, New YorK, bounded north by Long Island Sound; east by Alfred H Cosden; youth by Sound View Avenue; west by Estate of Joseph ~I Marshall 7:40 P. M. (EDST), upon appli- cation of Anthony Combine, Deep Hole Drive, Mattituck, for a variance in accordance with the Zoning Ordinance, Article IH, Section 303 and Bulk Sched- ule, for permission to construct addition to dwelling with less than required side yard and will change setback. Location of prop- arty: Deep Hole Drive, Mattituck, bounded north by Mathais Brewi; east by Deep Hole Dx;ire; south by G. Nuzzolo; west by Deep Bole Drive. ~:50 P. M. (EI~ST), upon ap- plication of Skinny Dip Pool Co.. Inc., 250 Cox Lane, Cutchogue, a/c Arthur Siemerling~InletDrive, Capt. Kidd Estates, Mattttuck, for a variance in accordance wi%h the Zoning Ordinance, Article III, Section 300 C and Section 302 for oermission to build swim- ming pool in side yard area. Lo- cation of p:'operty: LOt No. 70 and ~5 of lot No. 69, Map of Capt. Kidd Estates. Mattiluck New York. 8:00 P. M. (EDST), upon plication of Charles O. and Flor- ence A..Ziegler, 1600 Bay Avenue, East Marion, for a variance' in accordance with the Zoning Ordi- nance Article IV, Section 401) and Bulk Schedule, for permission [o divide property with less than required area. Location of prop- erty; west side Bay Avenue. East Marion, New York. bounded north by W. Washburn; east by Bay Avenue: .south by Mm'mn Lake; west by W. W~shburn. 8:10 P. M. (EDST), upon ap- plication of S. Lloyd Dickerson, Main Road~ Mattituck, New York. for a variance in accordanc~ with the Zoning Ordinance. Article III, Section 305, as applicable to Article VII, for permissmn to construct six foot high chain llnk fence in front yard area. Loca- tion of property. Main Road and Sigsby Road, Mattituck, New York, part of lot No. 2 and 3, Map of Mattituck Park Proporty 8:20 P. M. (EDST), upou ap- plication of George Bird, Lupron Point Road, Mat'tituck, for a special exception in ~ccordance with Zoning Ordinance, Article III, Section 300 B-14 for permis sion to conduct an Auction Sale on property of J. B. Cassldy, Inc., location of property. Boisseau Avenue, Southold. bounded north by Peter Meyer, Jr., east by Peter Meyer. Jr., south by Long Island 8:30 P. M. iEDST), upon ap- plication of Elizabeth M Villa Dated: April 26, 1973 BY ORDE]~ OF THE SOUTHOLD TO~VN COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being duly swam, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK WATCHMAN, o public news- paper printed ot Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Troveler-Mottituck Watch- man once each week for ............ ~...~... weel~ successively, commencing on the ............ .~,~:~..~...~ ............ Sworn to before me this ......... ..~ .......... day of NOTICE OF HEARINGS Porsuant to Section 267 of the Town Low and the provisions of the Amended Building Zone Ordinance of the Town of Southoid, Suffolk County, New York, pubUc bem~ will be held by the Zo~ng Beard of Appeals of the Town o! Sunthold, at the Town New York, un May 10, 1973, on the following appeals: 7:30 P.M. (E.D.S.T.), upon appUcetion of ~Juny Dip Pool Co., Inc., ~0 Cox Lane, Cat- chogue, a-c Eicha~d Addy, Sound View Avenue, Southold, for a variance to aceardance with the Zoning O~dinance, Article III, Section ~00 C and Section ~02, for permission to censt~uet swim- ming pool in. side' yard area. Location of property: north side Sound View Avenue, Soutbeld, New York, bounded north by Len~ Island Sound; east by A~ed H. Cosden; south by Sound View Avenue; west by Estate of Joseph H. Marshall. I ~7:40 P.M. (~..D.S.T.), upon I appUcation of Anthony Gambino, Deep HeleD~ve, Mattituck, for a variance to aooordance with the Zoning O~liannce, A~tiele III, Section ~0~ and Bulk Schedule, for permission to construct ad- .dliian to dweU~ng with less than requ~ed side yard and change setback. Location ofi property: Deep Hole Drive, MatUtuck, bounded no~h by Mathais B~wi; east by Deep Hole D~ve; south by G. Nu~olo; west by Deep Hole Drive. 7:50 P.M. (E.D.S.T.), upen appUcation of Skinny Dip pool CO., Inc., ~0 Cox Lane, Cut- chogue, a*c A~thy~ Sleme~Ung,' ~]et D~ve, Capt. Kidd Estates, Mattituck, for a valance in accordance with the Zoning O~Unance, A~tiele III, Section 300 C and SecUon 30'2, for per- .missiou to buUd swimming pool m side ya~ aesa. Location of property: Lot No. 70 and ~ of lot No. ~9, Map of Capt. Kidd Estates, Mattituck, New York. 8:00 P.M. (E.D.$.T.), upon appUeatien of Char]es O. and Florence A. Z~egler, 1~0 Bay Avenue, ~ast Mm:ton, for a vm*iance in accordance with the Zoning Ordinance, Article IV, SccUon 400 and Bulk Schedule, for po~missiun to divide property with less than requl~ed area. Location of property: west side Bay Avenue, Enst Ma~on, New York, bounded uerth by W. Wash- born; east by Bay Avenue; south by Ma~un Lake; west by W. Washburn. 8:10 P.M. (~..D.S.T.), upon appUeation of $. Lloyd Dickor- son, Ma~ Road, Mattitock, New York, for a variance to ac- cordance with the Zoning 0~- dinance, Article III, SecUon as applicable to A~ticle VII, for permission to e~ms~*uet six foot h~gh cbato link fence in front yard area. Location of property: Main Road and Sigsby Road, ~_at- tituck, New York, part of Lot 2 and No. 3, Map of Mattitock Park P~oporty. 8:20 P.M. (F..D.s.T.), upon application of George Bird, Lupton Point Road, MatUtuek, New York, for a special exceptiun in accordance with the Zoning O~dinsnce, A-~tiule IH, Section ~00 B14, for perm~esiun to couduct an auntian sale on proporty of J.H. Cassldy, Incorporated. Location of property: Bainseau Avenue, Southeld, bounded no~b by Peto~ Meyer, Jr.; east by Petor Meyer, Jr.; south by Long Island Railroad; west by Boisoeau Avenue. 8:~0 P.M. (~..D.$.T.), ~po~ app]icaUon of ~.abeth M. Villa, Babinson Lane, Peeouie, New York, for a special exception in accordance with the Zoning Ordinaqce, Allele IH, ~tion ~00 B14, for permission to cenduct a Yard Sale un p~operty of ~iv:~beth M. ViUa, east side of Robinson Lane, Lots No. 20 and No. 21, Map of PccouJc Bay Oak~, Pecunic, New York. Dated: April ~S, BY OEDER OF ~ COUNTY OF SUFFOLI~ I STATE OF NEW YORK, ~ ss: J Stuart C. Dorma~ ...................................... 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 mmexed is a printed copy, lMs been published in the s~dd Suffolk Weekly Times once in eoch week, tot o~e ............................ weeks successively oommencing on the thri~ day of .... ,~. Sworn to before me this ~ C[ks. No 52 9366350 t~y Commission [x2ires I~larch 30, 19 TOWN OF SOUTHOLD, NEW YORK A~PEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant' Street and Number /VCunicipal'"" -- it,/ ' State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD)NG INSPECTOR ON ,~P P ~, CAT I ON FOR PERM , T NO ..................................... DATED .......... ~/~ ./...-~. ..................... ~/HEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for per, it /%, of .... .~t~.~.....~...q~ .................. .~.4~.....:~.~,..4. .............. ~.~ ..................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ..~...~"~.'"~......~..~.~,.~..,~..4'~,,1.~..~ .................... A~..~....~....~... ...... Street Use District on Zoning Mop .PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- orion and_Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ,)TYPE OF APPEAL Appeal is mode 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 PREVIOUS APPEAL A previous appeal (]~(hos not) been made with respect to this decision the Building Inspector or with respect to this property. ~ch appeal was ( ) request for a special oermit ( ) request for a variance and was made in Appeal No ................................. Dated ..................................................................... REASON FOR APPEAL A Variance to Sectibn 280A Subsection 3 A Variance to the Zoning Ordinance (I) i~; requested for the reason that ~'~ ~t~/~?tm¢.~¢~'~ (Continue on other side) REASON FOR APPEAL Continued I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sbry HARDSHIP because /Co 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because The Vadance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) Ss COL NTY OF~OI~OL~. ) Signature Notary Public "PETER i~. COLEMAN - Nl~ary Public, State of New Yor~ No. 52-5758570 Qualified in SuffOlk County Commission E×pires March 30, 1974 FORM NO. 3 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN C.~ERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL 19....~..~ T~ 1.4.:.~.~.:..~~....~...~..~.......,~ ~,~ c~~ ................ ~..~:~ ........................... ............................................................................... o ~ /~ :~ PL~SE T~KE NOTICE tkat your application dated ........ ::.~ ................................. , ]~ ........ .......... :~ ....................... ~lock ..... ~ .............................. Lot ...... ~ ....................................... is Building Inspector FOI~M NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFIGE SOUTHOLD, N. Y. Examined ......................................... 19 ........ Application No ................................. Approved ........................................ , 19 ........ Pemit No ..................................... Disapproved i o/c ............................................................................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ...... A ~, ./~......~.......!.~. ........... . 19.?..~ .... INSTRUCTIONS a. This al~plication must be completely filled in by wpewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot ana of buildings on premises, relationship to adjoining_ premises or public streets or areas, and giving a detailed description of layout of property must be drawn on 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 kepi on the premises available for inspection throughout the work. e. No builUing sha' be occupied or used in whole or m part for any purpose whatever until a Certificate of Occupancy shall have been granted by thle 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 pf Southold, Suffotk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of bud ngs, add tions or alterations, o~ for removal nr demolition, as herein described. The applicant agrees to compiv 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) ......... State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .................... ......................................... ....................................................................... Name of owner of prem ses ...................... .~.~.~.1..~....~1..~ ...... .~x~..~l.~¢~t...I~ ............................................................. If appljca, nt ils a corpJ;~te, si~l'~tu re of duly authorized officer. ....... .... ~, '~ ....t,~Na, m,e and title 6f corporate officer) "~-/Buiider s L cense No .......................................................... Plumber's License No ......................................................... Electrician's License No ..................................................... Other Trade's License No ................................................... 1. Locatio~ of land on wh ch proposed work w be done Map No .............................. Lot No ..... ' Is... cc .................... S reet and Number ........ ~ .~'.. .~..(~..i....~. ........ ~1..~. f~.~¢~...........................t ' ~' I - Municipality 2. State e~isting use and occupancy of premises and intended use and occupancy of proposed construction: a Ex ~st ng use and occupancy ...~. [t.~ ~ F .~T!I~.... f.%,.-I. J..~.'~ t I~ ~.q .'d ~,'~~- b. Intended use and occupancy .................................................................................................................................. :3. Nature of work (check which applic~-~',): New Building ....................... AddW~ -,~. ............. Aitaraticn Repair ......................... Removal ......................... Demolition .................. , ..... Other Wor]~ {Description) 4. Estimated Cost ...... ~,.,~.,~.,: .................. Fee .................. l..[,_.~ (to be p~d on fi~nG this 5. If dwelling, number of dwelling units .................Number of dwelling un,ts on e~ch floor If garage, number of cars 6, If business, commercial or mixed occupancy, specify nature and extent of each type of use 7, Dimensions of existing structures, if any: Front .,,~. ......... ~e~r ..... ~,~ ............. D~th _.,~,~, Height .......... [.~ .......................................... Number of Stories ........ ~.~.~ Dimensions of same structure with alterations or additions: Front ~..~,~ .............. ~sar ..~ Depth ....... .~.] ............................... Height ........ J_~. ........................... Number of Stories ,,,-~.!.~ 8. Dimensions of entire new construction: Front ..... .~.~ ........... Rear ...... J.~ ................ Depth .~ Height .............. L~. ............................ Number of Stories ...........~Z~ 9. ot: F o.t ........... ................... .............. ................... ....... 10. Date of Purcham ..................................... Name of Former Owner ............ ~.~.].~t.~.~ ] 1, Zone or use district in which premims are situated ............ ~ 12. Does proposed constructio~ violate any zoning law, ordinance or regulation: 13, Will lot be regraded ........ ~.~ .............. Will excess fill be removed from premises: [ ] Yes ~ 14. Name of Owner of premises .~.~.~,.,...~.~&~.~ ....... ~.~~.,.~.~.~4 .......................... (Address) (Phene Name of Architect ............................................................................................. ~ ~ -- ~ (Address) . ~ Phone Nam. of Contractor .~.~.,..]~.,.,~..Z.~.~..,,.~.~.[~., PLOt DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate ali s~t-~aok d,imene4ons from property lines. Give street and block number or description according to deed, and show street names and indicate wheth- er interior or corner lot. STATE OF NEWYORK~. ,. COUNTY OF , ~,~..}-.~,...1~.. ~...~..,~ ................ ) ( f ~ing con.act) ............................................................................. ................................................... /Contractor. agent, corporate officer, etc.) of said owner or owners, and is duly authorized to ~rform or have performed the ~id work and ~o make and f~le this app}~cation; thag all statements contained ia this application are true to the best of his knowledge and ~[ief; and that th8 work will ~ ~'~ormed ~n the man~ set forth in the application filed therewith. -- ~R1 LEE I ~ ~ ' ~ ~T~Y PUBLId, ~t~of New York ...................................... day of ........... ~ ................... ~, 1~-~5 Notary Pub c, ,~~....~..%~.~..~.... CounW ....................... ~~..~ .~.....,l ~ ................