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HomeMy WebLinkAbout1741 TOWN OF $OUTHOLD, NEW ¥OKK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 17l~1 Dated March 9, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Sarah E. Gillespie Smith Drive North Southo2d, }lew York nATm l~:.~..C....h....~..9, 1973 Appellant at a meeting of the Zoning Board of Appeals on Mar ch 29, 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 ( ) 1973 the appeal I. SPECIAL EXCEPTION. By resolutio{~ 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 9:20 P.M. (]~.S.T.), upon application of Sarah E. Gillespie, Smith Drive North, Southold, l~ew York, for.a variance in accordance with the Zoning Ordinance, Article III, Section 300 C1 for permission to use building as doctor's office, doctor does not live in sam~ building. Location of property: east side Maple Lane, Southold, bounded north by B. Hellman; east by L. Eds.on; south by D. Pettit; west by Maple Avenue (Private. Road). Fee paid $15.oo. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical 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 gEE 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 confirmed ( ) be reversed. ~mm REVERSE FORM ZB4 ~ ~ /, / ~'] /5 ZONING BOARD OF APPEA!-~ ~-~, ~_~X~ U~~/Marjori/e McDermott, Secretary A~ter investigation and inspection the Board finds that applicant requests permission to use building as docto~!s office on premises located on the east side of Maple Lane, ~outhold, New York. The findings of the Board are that the use proposed is a prohibited use in an "&" Residential a~ea according to the 8outhold TOWn Zoning Ordinance which stipulates that "Home occupations shall be understood to include the professional office or etudio of a doctor, dentist, teacher, artist, architect, engineer, musician, lawyer, magistrate or practitioner of a similar character PROVIDED that the office, studio, or occupational rooms are located in a dwelling in which the practitioner resides, and in a building accessory thereto." The Ordinance has provided for doctors practicing in their own homes. It is not within the power of the Board to designate a residential dwelling as an accessory building to an existing residential dwelling. The Board finds that strict application-o~ the Ordinance would not produce practical difficulties or unnecessary 'hardship; the hardship .created is not unique and would be shared by all properties alike in t~ immediate vicinity of this property and in the same use district; and the variance will change t.he character of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED Sarah E. Gillespie, Smith Drive North, 8outhold, New York, be DENIED permission to use building as doctorfs office on p~emises located on the east side of Maple Lane, Southold, New York, without prejudice to any future applications. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. LEGAL NOTICE Notice of ~earings 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 Southoid, at the Town Office, Main Road, Southold, New York, on March 29, 1973, on the following appeals: 7:30 P.M. (E.S.T.), upon application of Gordon G. Bishop, 600 Clearview Avenue, Southold, New York, for a variance ~n accordance with the Zoning Ordinance, Article III, Section 300 Cd and Section 302, for permission to construct private garage in front yard area. Location of property, west side Gardiners Lane and south side Clear~iew Avenue West, Southold, bounded north by Clearview Avenue West; east by Gardiners Lane; south by Dart; west by John Mulhall. 7:40 P.M. (E.S.T.), upon application of James F. Murray, Vanston Road, Nassau Point, Cutchogue, New York, for a variance Article III, Section 301 and the in accordance with the Zoning Ordinance/Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property: Lots 4 and 5, Map of Peconic · Bay Properties, Inc. 7:50 P.M. (E.S.T.), upon application of Dante H. Catullo, 15 Rossiter Avenue, Yonkers, New York, for a variance in accordance with the Zoning Ordinance Article III, Section 301 and Bulk Schedule, for permlssion uo divide property with ~nsufficien~ area and frontage. Location of property : north side Bailey Bea~ Road, Mattituck, bounded north by other land of applicant; east Legal ~otice Page 2 by right of way and Gatz; J. Little. south by Bailey Beach Road; west by 8:00 P.M. Kirwin, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article iii, Secuion and Bulk Schedule, for permission to divide property with than required area and frontage. Location of property : $118 and 119, Map of Nassau Farms, Peconic, New York. (E.S.T.), upon application of Joseph and Mary 301 less Lots 8:05 P.M. (E.S.T.), upon application of Carl and Frances Chapman, Mattituck, New York, for a variance an accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission ~o construct dwelling with less than required setback. Location of property: Lot $12, Map of Salt Lake Village, Mattituck, New York. 8:15 P.M. (E.S.T.), upon application of Elizabeth A. Allen, and Jane Chambers, 280 Henderson Street, Jersey City, New Jersey, for a vari&nce in accordance with the Zoning Ordinance Article II2 Section 300, for permission to use existing accessory building as dwelling. Location of property: wesu side Stars Road, East Marion, bounded north by Stars Road West; east by Stars Road; south by Philip Frumenti; west by Balders, Weiss and others. 8:30 P.M. (E.S.T.), upon application of Edcho Corp., 320 Front Street, Greenport, New York, for a special exception in accordance with the Zoning Ordinance Article VII, Section 700 B4, for permission to operate public garage. Location of property, north side Sound Avenue, Mattituck, bounded north by L.i. Railroad east by A. Tuthill; south by Sound Avenue; west by A. Palkovich. Legal Notice Page 3 8:40 P.M. (E.S.T.), upon application of williams Constructiz Inc., 320 Front Street, Greenport, New York, for a variance in of the Zoning Ordinance accordance with Article Iii, Section 303~ for permisszon to construct dwelling with less than average setback. Location of property: east side Corey Creek Road, Southold, bounded north by E. Hau; east by A. Meyer; south by J. Dunker; west by Private Road, Corey Creek Road. 9:00 P.M. (E.S.T.), upon application of Robert E. Levy, ~arbor Lights Drive, $outhold, NeW York, for a variance in accordance with Article Iii, Section 300 C3 and Section 302, Of the Zoning Ordinance, for permission to construct garage in front yard area. Location of property: Lot $8, Map Df Harbor Lights Estates, Section One, Southo!d. 9:10 P.M. (E.S.T.), upon application of Dorothy M. Robohm, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permzssimn to divide property with less than required area. Location of property: northeast side of Youngs Road, Southold, bounded north by C. Schwarz; east by Midfarm Road south by H. Conroy and J. Frass; west by Hill Road. 9:20 P.M. (E.S.T.), upon application of Sarah E. Gillespie, Smith Drive North, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C1 for permission to use building as doctor's office, doctor does not live in same building. Location of property: east side Mapl~ Lane, Southold, bounded north by B0 Hellman; east by L~ Edson; south by D. Pettit; west by Maple Avenue (Private Road). Legal Notice Page 4 Any person desiring to be heard on the above applications should appear at the time and place specified. Dated: March 16, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, MARCH 22, 1973, AND FORWARD ELEVEN (i1) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on March 16, 1973 The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Mr. Gordon G. Bishop Gary F. Olsen, Esq. a/c James F. Murray Gary F. Olsen, Esq. a/c Dante H. Catullo Gary F. Ol-sen, Esq. a/c Joseph & Mary Kirwin Gary F. Olsen, Esq. a/c Carl & Frances Chapman Stanley S. Corwin, Esq. Edcho Corporation Williams Constructing, Robert E. Levy Lefferts P. Edson, Esq. Lefferts P. Edson, Esq. a/c Elizabeth A. Allen I~C. a/c Dorothy M. Robohm a/c Sarah E. Gillespie ~ to c~struct garage in front yard area. Locatian of property: Lot No. 8, Map of Harbor Lights Estates, Section One, Southold. 9:10 P.M. (E.S.T.), upon ap* plicatinn of Dorothy M. Robohm, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permission to divide property Location of property: northeast side of Yoangs Road, Southold, boanded north by C. Schwarz; east by Midfarm Road; south by H. Conroy and J. Frass; west by Hill Road. 9:~0 P.M. (E.$. plication of ~rah E. Gillespie, Smith Drive North, 8anthold, New York, for accordance with the goathg Ordinance, Articlo III, Section ~00 C1 for permi~ion to botidin8 ~s doctor's office, dcetor do~ not live in ~ne building. Loea~ian of property: e~st ~ido l~plo I~ne, 8anthold, boand~li north by B. Hellman; an~t by L Ed~on; ~outh by D. Pottit; wes~ by Maple Avonue (Private Road). Any l~rso~ desirin~ to be heard on the above applications should appear at the time and place specified. Dated: March 10, 1973 BY 0RDI~.R OF THE BOARD OF APPEALS COUNTY OF SUFFOLI~ STATE OF NEW YORK. ~ ss: ......... S.~.n.a.r.~...C:..D.o. ~r~a. n. ............. being duly Sworn, says that ...h.e... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper pubtished ut Greenport, in said county; and th~ the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekty Times once in each week, f~ ......... o.n.e. ............... weeks successively commencing on the .... .~¥.e.n.~.-.s.e.c.o.n.~. ........ day of Mar~h Sworn to before mefthis ... / ~ I dayof ;.~ . .,./~. ~.~..~ . i ..... 19~.~ ,~,.~..,~.~.~.~ ............ ~..<.~,~.~..~... / LEGAL NOTICES NOTICE OF HEARINGS Pursuant to Section 26"/ of the Town Law and the provisions of the Amended Buiding Zone Ordi- nance of the Town of Soulhold, Suffolk County, New York, public hearings will be held by the ing Beard of Appeals of the Town of Southold, at the Town Office. Main Road. Southold, New York, on March 29, 1973. on the follow- ing appeals: 7:30 P. M. (EST), upon appli- cation of Gordon O. Bishop. 600 Clearview Avenue, Southold, New York, for a variance in accord- anco with the Zoning Ordinance. Article III. Section 390 C4, and Section 302, for permission to construct private garage in front yard area. Location of property. west side Oardiners Lane and south side ClearviewAvenueWest. Southold, bounded north by Clearview Avenue West: east by Gardiners Lane; south by Dart; west by John Mulhall. 7:40 P. M. lEST), upon appli- cation of James F. MmTay. Vanston Road. Nassau Point, Cutchogue, New York, for a var- iance in accordance with the Zoning Ordinance Article III. Sec- tion 301 and the Bulk Schedule. for permission to divide pccperty with less than required area and frontage. Locatiorl of property: Lots 4 and 5. Map of Peconic Bay Properties. Inc. 7:50 P. M. (ESTL upon appli- cation of Dante II. Catu!lo, 15 Rossiter Avenue, Yonkers, New York, for a variance in accord- anco with the Zoning Ordinance Article III. Section 301 and Bulk Schedule, for permission to divide property with insufficient area and frontage. Location of prop- arty: north side Bailey Reach Road. Mattituck. bounded' north by other land of applicant: east by right of way and Gatz; south by Bailey Beach Road: west, by J. Little. 3:00 P. M. (EST), uoon appli- cation of Joseph and Mary Kit- win, Bay Avenue, Cutchogue. New York. for a variance in accord- ance with the Zoning Ordinance, Article ][ri, Section 301 and Bulk Schedule, for permission to di- vide property with less than re- quired area and frontage. Loca- tion of property: Lots No. 118 and 119, Map of Na~au Farms, Peconic, New York. 8:05 P. M. (EST), upon aupli- cation of Carl and Frances Chap- man, Mattituck, New York. for a variance in accordance with the Zoning Ordinance, Article Section 303 and Bulk Schedule, for permission to construct dwell- ing with less than required set- back. Location of property: Lot No. 12, Map of Salt Lake Village, Mattituck, New York. 8:15 P. M. (EST), upon appli- cation of Elizabeth A. Allen, and Jane Chambers, 280 Henderson Street, Jersey City, New Jersey, for a variance in accordance with the Zoning Ordinance Article ][II, Section 300, for pe.rmission to use existing building as dwelling. Location of property: west side Stars Road, East Marion, bound- ed north by Stars Road West; east by St~rs Road; south by philip Prumenti; west by Balders, Weiss and others. · 8:30 P. M. (EST), upon appli- cation of Edcho Corp., 320 Prent Street, Greenport, New York, for a special exception in accordance with the Zonh~4: Ordinance Ar- ticle VII, Section 700 B4. for per- mission to operate public garar- Location of property, north s~ Sound Avenue, Mattituck, bound- ed north by L. I. Railroad; east by A. Tuthi]h south by Sound Avenue; west by A. Palkovich. 8:40 P. M. lEST), upon_appli- cation of Williams Constructing, Inc., 320 Front Street, Greenport, New York, for a variance ha ac- cordance with Article III, Section 303 of the Zoning Ordinance, for permission to construct dwelling with le.%s than average setback. Location of property: east side Corey Creek Road, Southold, bounded north by E. Hau; east by A. Meyer; south by J. Dunker; west by Private Road. Corey Creek Road 9:00 P. M. (EST), upon appli- cation of Robert E. Levy, Rarbor Lights Drive. Southold, New York, for a variance in accord- ance with Article III, Section. 300 C3 and Section 302. of the Zonin~ Ordinance, for perm!s- sion to construct garage in front yard area. Location of property: Lot NO. 8. Map of Harbor Lights Estates. Section One, Soutbold. cation of Dorothy M. Robohm, Main Road. Southold. New York. for a variance in accordance with the Zoning Ordinance, Article III. Section 301 and Bulk Sched- ule. for permission to divide prop- erty with less than required area. Location of property: northeast side of Youngs Road, Southold, bounded north by C. Schwarz: east by Midfarm Road: south by Hill Road. ~ cation of Sarah E. Oillespie. Smith Drive North, Southold, cordance with the Zoning Ordi- nance, Article III, Section 300 C1 doctor's office, doctor do~s not live in same building. Location of property: east side Maple Lane, Southold, bounded north by B. Any person desiring to be heard on the above applications should appear at the time and place specified. Dated: March 16, 1973 BY ORDER OF THE SOUTHOLD TOWN HOARD O1~ APPEALS couNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being dui' thor he is the Editor, of THE LO; TRAVELER - ~ATTITUCK WATCHMAN, paper printed at Southolcl, in Suffolk Cou the notice of which the annexed is (3 printed published in said Long island Trcveler-Mo' man once each week for successively, commencing on the ................ day ...... Sworn to before me this ....... AOEL[ PAYNI[ Notary Public, State of New York ResklJ~g ;n S~ftolk County No. 52-3041000 Commission Expires March 30, 19/ FORM NO. 3 /~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. Date ~.~¢J~ 19.. ?-~'.~ ~-~ ~'~ ....... ~Z:..I ......................... ..L...~~.:~J ....... z~:~ ........... · . ..... ./.C,.'...~ ..................... PLEASE TAKE NOTICE that your application doted ................... .~.~4-~, ....... ~ ........ , 19.....~...~ f~r permit to ~ ~.~,.~.~.~at the premises located at ....... ~......~'.,~,~.~...,.~. ....~..:,¢¢,,,~.~._:......j~.~.~,~,~a~.;~_??.~.. Street ~J~,~>~'.~ '" '' Map ......... ~ .......................... Block ........ ~. ............................ Lot ....~ ........................................ is r0 .......h~ ..... nnd d,sapproved on the followmg grounds ..... :~...~--,.. ~ .c ....... ...~'..~r...,~....~,,,.~..... ,,~.~ ~ .~,,~.~,~.~. ,., ...................................... ~2~.~..~.... ~..~.~,.~ ........ .~.....-:...Z ............................................................................................... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. // 7/ f DATE ..... ,~Sar..~l~. · · ~,,...3,-9';/3 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD. N. Y. (We) ..... ................. of ...... ...................... Name Of Appella,nt Street and ,Number ................. .~...O..~...~..O.~.~..~,..~,,~ ................................................. .~.~ ~..~..t;~..-~......HER,EB¥ APPEAL TO State Municipality ~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ARPLICATION FOR PERMIT NO ..................................... DATED ........././..,~.~.}~¢~.....'*,....{../...,/.,=~.-..... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( ) Name of Applicant for permit of ........ Smi~h..~e.,...]~.~.......... ~tl~-l~ ............ 2~...Y~ ................. Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ....... Street Use District on Zoning Map at~che~ surly M~p 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.) 3. TYPE OF APPEAL Appeal is made ~erewith for ( iJ¢ A VARIANCE to the Zoning Ordinance or Zoning Map ~ i) A VARIANCE due to lack of access (State of New York Zow~ Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL ^ previous appeal (h~j~kas not) been made with respect to this decision of ithe 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 i) ~s ~equestea for the r~ason that (Continue on other side) REASON FOR APPEAL Continued i. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ppli~., ~=~r ~n~ will of ~zi~ti,m~ W=i~¢~ is d~r. ~r this r~son a ~riance to ~he zoning ordure is r~uired to alt~ ~e pr~tice. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the conti.?~ity of ~ephysician. ' p~op~rty a~ ~ ~ff~e prope~y prev~ ~is ~se of ~ office p~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no L~_~si~l change~ ~1~ ~ ~ ~ ~ ~rty. Only ~e ati~g of a ~r~nce ~ pz~ce ~uld ~e ~ ~e interest of '~e ~I~ a~i wel~re of ~e ~ o~ STATE OF NEW YORK ) ) COUNTY OF ~UFFO~ ) SS $i~noture Sworn to this ........ .~,,~-h. .............................. day of......~.~.¢~. ..................................... 1973 ......~/~~...~~ ////'~ ~.~ot~ry Public RUDOLPH H. BRUER LEFF'ERTS PAINE ED$ON ATTORNEY AT LAW SOUTHOLD, N. Y. tl971 March 12, 1973 Mr. Howard Terry Building Inspector Southold, New York 11971 Re: Gillespie to Hellman Dear Howard: I enclose herein two copies of an application to the Zoning Board of Appeals providing for Dr. Hellman's use of the property adjoining his home for medical office purposes. We also enclose my check to the Town of Southold for $15.00 in payment of the fee. Will you submit this as soon as possible since timing is important. By way of information, Dr. Hellman informs me that a good many of his older patients are simply not able to get to his office in Greenport. He will, however, continue with his Greenport office. Thank you. Sincerely, Lefferts P. Edson LPE:dbc Encs.