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HomeMy WebLinkAbout1895 TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZON1MG BOARD OF APPEALS AppealNo. 1895 Dated April 8, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Edward & Flauia Grebinar Sound View Road Orient-by-the-Sea c/o C. W. Powell, Builder 380 Robinson Road Greenport, N. Y. at a meeting of the Zoning Board of Appeals on May 2, 1974 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) DATE Ma¥...~.,....1974 Appellant 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 conf~med becau~ 8:40 P.M. (E.D.S.T.), upon application of Edward and Flauia Grebinar, Sound View Road, Orient-by-the-Sea, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for per- mission to turn present garage area into living quarters and add on addition for new garage with insufficient side yard area. Location of property: S/S Sound View Road, Orient, Lot No. 27, Section I, Orient-by-the-Sea, Orient, 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 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 granted ( ) be denied and that the previous decisions of the Buildin~ Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ~~[~C~ ~a~~r]~ie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to turn present garage area into living quarters and add on addition for new garage with insufficient sideyard area on premises located on the south side of Sound View Road, Orient, New York. The findings of the Board are that the lots in the Orient-by-the-Sea subdivision are basically 12,500 sq. ft. lots. The sum of the sideyards will exceed the original sideyards at the time the subdivision was laid out. 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, Edward and Flauia Grebinar, Sound View Road, Orient-by-the-Sea, Orient, New York, be GRANTED permission to turn present garage area into living quarters and add on addition for new garage with insufficient side yard area on premises located on the south side of Sound View Road, Orient, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. 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 Southcld, 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 May 2, 1974 on the following appeals: 7:35 P.M. (E.D.S.T.) f upon application of Agnes Peggie Banick, Horton Point, (Pvt. Road), New York for a variance in accordance with the Article VII, Section 100-71 and Bulk Schedule, Article XI, Section 110-112 Bf C, D, G~ H, Section 100-113 (3), for permission 5o build new mixed occupancy (business and residence) building with insufficient sideyard, rear yard, and parkin9 area Location of property: W/S/ Young's Avenue (RR Ave., r Southold, New York~ bounded north by (now or formerly) by Young's Avenue; south by John Terp; west by Eissman; east Koke Bros. 7:45 P.M. least by other Stevan and Southoid, Zoning Ordinance~ (E.D.S.T.), Rehearing on motion of the Southold Town Board of Appeals of application of Dalchet Corporation, Pequash Avenue, Cutchogue, New York, for a varmance in accord- ance with the Zoning Ordinance. Article III~ Section 301 and Bulk Schedule for permmssion to set off existing dwelling on lot with insufficient area and frontage. Location of propersy: south side Main Road, Cutchogue, bounded north by, Main Road; land of applicant; south by other land of applicant; west by A. Luglio (formerly Orlowski). 8:15 P.M. (E.D.S.T.), upon application of Lucile Mosback, Rose~ill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule Legal Notice Page 2 / fo~ermission to divide and set off lots with existing buildings with less than. required width and area. Location of property: south side Main Road, East Marion, New York, bounded north by Main Road; east by William Park, Jr.; south by Gardiners Bay; west by A. E. Parker & others. 8:30 P.M. (E.D.S.T.) upon application of Robert Davis and Wife, Peconic Bay Blvd., ~attituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule, for permission to use existing ~ot for ~one family dwelling with insufficient side yard area. Location of property: S/S Sound Avenue, Mattituck, bounded north by Sound Avenue; east by (now or formerly) O. Daviault; soutt~ by Mattituck Realty; west by R. Demchuk. 8:40 P.M. (E.D.S.T.), upon application of Edward and F!a~ia Grebinar, Sound View Road, Orient-by-the-Sea, Orient, Ne%~ York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to ~urn present garage area into living quarters and add on addition for new garage with insufficient side yard area. Location of property: S/S Sound View Road, Orient, Lot No. 27, Section I, Orient-by-the-Sea, Orient. 8:50 P.M. (E.D.S.T.), upon application of Emily R. Mather, Bayer Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide Location of property: Lot Nos. 53, 43, 44, lot with insufficient frontage and area. Bayer Road and Grand Avenue, Mattituck, 77 & 76 "Mattituck Heights", Mattituck, New York. NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law ~nd the provisions of the Amended Building Zone Ordinance of the Town of Seuthold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Seuthold, at the Town Office, Main Road, Seuthold, New York, on May 2, 1974 on the following appeals: 7:35 P.M. (E.D.S.T.), upon annlieation of Stevan and Main Road; east by William Park, Jr.; south by Gardiners Bay; west by A.E. Parker anil others. 8:30 P.M. (E.D.S.T.) upon application of Robert Davis and wife, Peconic Bay Blvd., Mat- tituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule, for permission to use existing lot if or one family dwelling with insufficient side yard area. ] Location of property: S-S Sound {Avenue, Mattituck, bounded 'north by Sound Avenue; east by ' (now or formerly) O. Daviault; south by Mattituck Realty; west ~by R. Demchuk. ~,$:40 P.M. (E.D.S.T.), upon * application of Edward and Flauia {Grebinar, Soand View Road, ~Orient-by-the-Sea, Orient, New York, for a variance i~ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and 100-31 and Bulk Schedule for permission to turn present garage area into living quarters and add on addition for new garage with insufficient side yard COUNTY OF SUFFOLK, STATE OF Ig£W YORK. ~ ss: J Stuart C. Dorman ...................................... being duly Sworn, says that .... .h.e. is Printer and Publisher of the SUFFOLK area. Location of property: S-S, Sound View Road, Orient, Lot No. -- ..... ..,, a newspaper published ~xt Greenport, in said Orient.27' Section I, Orient-by-the-Sea,~d that the notice, of which the annexed is u printed 8:50 P.M. (E.D.S.T.), ulpon been published in the lmid Suffolk Weekly Times application of Emily R. Mather, Bayer Road, Mattituck, New ~ch week, tot one (1) weeks York, for a variance in ac- ' .......................... cordance with the Zoning Or- i¥ oommencing on the ........... .2~..~.h .......... dinance, Article III, Section 301, for permission to divide lot with .. ?.~).r.i.~. ......... 19. ?.4. insufficient frontage and area. . · Location of property: Bayer ~ ~.~.~. ~ ~ ~ c- ~. .. Road and Grand Avenue, Mat- ' ................... ~/0~;f{~ ........... tituck, Lot Nes. 53, 43, 44, 77 and ~efore~me this ...2.~.~.h.... 76 "Mattituck Heights"7 Mat- A~il tituck, New York. ... r.'".~. .''' ....... . 910 PM (EDST) upon ~/ apphcat~on of Agway, Inc., ~ .... /.~ ...................... Yoang's Avenue Southold, New // ~- / . . . ~., 19..~ York for a variance in ac-/~ /" ''L~ ............................... cordance with the Zoning Or- west by.Alder and Hellman. Drive, Seuthuld, New York, LOt dinance, Article VI, Sec. 100-60 C - 3 (a) (b) (c) for permission to erect combination roof and ground sign in excess of 16 foot height requirement. Location of property: Young's Avenue and Private Road, Seuthold, bounded north by G. Minor and others; east by Young's (RR) Avenue; south by R. Houston and others; 9:20 P.M. (E.D.S.T.), upon application of Charles Michel, Oakwood Drive, Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 3O C, Section 100-32 for per- mission to erect accessory building in front yard area. Location of property: Oakwood No. 72, Cedar Beach Park. Any person desiring tobe heard on the above Appeals should appear at the time and place above specified. Dated: April 18, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS NOTICE OF HEARINGS Pursuant to Section 267 of th~ Town Law and the provisions of the Amended Building Zone Ordinance df 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, South- old, New York on May 2, 1974 on the following appeals: 7:3S P.M. (E.D.S.T.), upon application of Stevan and Agnes Peggie Banick, Horton Point, (Pvt. Road). Southold, New York for a variance in accordance with the Zoning Ordinance, Article VI1, Section 100-71 and Bulk Scheduie, /krticle Xl, Section 110-112 B, C, D, G, H, Section 100-113 (3), for permission to build new mixed occupancy (business and residence) building with insufficient sideyard, rear yard, and parking area. Location of property: W/S/ Young's Avenue (RR Ave.), Southold, New York, bounded north by (now or formerly) Eissman; east by Young's Avenue; south by John Terp; west by Koke Bros. 7:45 P.M. (E.D.S.T.), Rehear- ing on motion of the Southold Town Board of Appeals of application of Dalchet Corpora- tion, Pequash Avenue, Cutch- ague, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 301 and Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and front- age. Locastion of property: south side Main Road, Cutchogue, bounded north by Main Road; east by other land of applicant; south by other land of applicant; west by A. Luglio {formerly Orlowski). 8:15 P.M. (~.D.S.T.), upon application of Lucile Mosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article IIL Section 301 and Bulk Schedule for permission to divide and aet off lots with existing buildings with less than reqfiired width and area. Location of property: south side Main Road, E:st Marion, New York, bounded north by Main Road; east by William Park, Jr.; south by Gardiners Bay; west by A. E. Parker & others. 8:30 P.M. (E.D.S.T.) upon application of Robert Davis and Wife, Peconic Bay Blvd., Matti- tuck, New York, for a variance in accordance with the Zoning Ordinance, Article I11, Section 100-30, 100-31 and Bulk Sched- ule, for permission to use existing lot for one family dwelling with insufficient side yard area. Location of '0roperty: S/S Sound Avenue, Mattituck, bounded north by Sound Avenue; east by (now or formerly{ O. Daviault; south by Mattituck Realty; west by R. Demchuk. 8:40 P.M. (E. application of Edward and Flauia Grebinar, Sound View Road, Orient-by-the-Sea. Orient, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and 100-31 and Bulk Schedule for permission to turn present garage area into living quarters and add on addition for new garage with insufficient side yard area. Location of property: S/S Sound View Road, Orient, Lot No. 27, Section 1, Orient-by-theSea, Ori- 8:S0 P.M. (E.D.STr.), upon application of Emily R. Mather, Bayer Road, Mattituck, New with the Zoning Ordinance, Article III, Section 301, for permission to divide lot with insufficient frontage and area. Location of property: Bayer Road and Grand Avenue, Mattituck, Lot Nos. 53, 43, 44, 77 & 76 "Mattituck Heights", Mattituck, New York. COUNTY OF SUFFOLK STATE OF NE-M/ YORK? ss: C. Whitney Booth, Jr., being duly sworn, says 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 Zraveler-Mattituck Watch- man once each week for ........ :,,..~.C..C, ..... ~., .z/... week, f successively, commencing on the ............ ~.,'.~;~. ................... ........... j Sworn./lD be, fore me this ~ ~> day of ............ {,...~7;;Z;~.z..., 19. ........... L ?5. ...................... , ...... .................... TOWN OF SGUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ........................... , ....... PLEASE TAKE NOTICE that your application dated .............. ~......~. ............ , 197.....~. for permit to construct .~.~ .......... at the premises located at ..~.....~.~.....(~"~ '~ ..... ~."~.~,oc~ ............................................ ~o,..~ .................... : ........ , ........ ,~ ~.c,,[h ~d disapproved on the following grounds ...~.~}.~~~ ~ ~ ~ .~~ ........ ~.~& ................. ~...~J.~.~...~.~...~ .~~.~.~ ........................................................................................... Building Inspector TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK;~ OFFICE $OUTHOLD, N. Y. Examined ......................................... 19 ........ Approved ........................................ , 19 ........ Permit No ..................................... Disapprogf~J a/c ............................................................................................ Application No .............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ..~...~.~...%~ ............... , 19 ............ INSTRUCTIONS a. This application must be completely filled in by typewriter or" in ir~k and submitted in triplicate to the Building Inspector, with 3 s~t~ of plans accurate plot plan to scale. Fee according to schedule. P at iJ an showing ocation df bt and of bu dings on pram sas,' rel'6t onsh p to ad)'o ning premises or public streets or areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this applicgtion.may not be commenced before, issuance of Building Permit. d. Upon approval of this applicatioh, the Building Inspector will issue a Building Permit to the applicant. Such permi~ shall be k~pt on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the 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 of $outhold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for thee. construction of buildings, additions, or alterations, or for removal or demolition, as herein described The opplic0nt agrees to comply with all applicable laws. ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessc ry inspections. (Signature of applicant, or name, if a corporation) (Address of apphcant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of applicant is a corporate, signature of duly authorized officer. '(Name and title of corporate officer) Builaer's License No ...................................................... Plumber's License No ................................................. Electrician's License No ............................................. Other' Trade's License No ............................................... Loc~tion of land on which proposed work will be done. Map No.: ~ .............................. Lot F,,~.~.~ ..................... Street and Number ...~Jg...~:~...d,....?.~P...~....~.?.~ ................................. .0..~.$..e.~...~..~ ........................................... Municipality Stat~ existing use and occupancy of premises and in,~ended use and occupancy of proposed construction: a. iExisiting use and occupancy ....~}~..~..~..,~...e~_.,~.,~?.,~...~,~...~.~. ............................................................................ b. Intended use and occupancy ,.....~.?..?..~.~.e.,~.,,~.~e.:.]....~.,?.?.~.~.~. ........................................................................... 3. Nature of work (check which app :bte): New E~u~[di~g ................. Add[t ..;:.,; ........... F, It~,rC~t[0~ .......... Repair .................. Remova~ .................. ~' ~ · ~ ~h .............................. 4. Estimated Cost ....~..~g~ ......................................... e ........................................................................................ (to be paid on filing this ' 5. If dwelling, number c.f dwelling un,ts ............................ Number of dweH[n9 units on each floor ....................... !f g6roge, number of cars ...-¢~.~ 6. If business, commercial or mixed occupancy, speci~z n~ture and extent of each type of use 7. Dimensions of existing structures, if ~ny: Fron~ .~.[ .................... Rear ..... ...... ~.~ ...................... :~ Depth -..:c~{L Height ........................ Numar of Stories ...~e D~mens[ons of s~me structure with alterations or ~dditions: Fro~t ....~¢:~. ......................... Rear ..:~¢~] ...¢~ ........................ Height ............................ Number of Stor~es ."~ Depth ~ ~ ~ 8. Dimensions of entire new construction: Front .................................... Rear ............................ Dept,~ Height .................... Number of Stories 9. S~ze of lot: Front ..... :~,0~. .......................................... Rear ..... ~:F.¢ .............................. Depth -.~".'~f ]0. Date of Purchase ......................................................... N~me of Former Owner '~'¢~ '(~¢~',*~z' 1 1. Zone or use district in which premises are situated "~' '~ ]2. Does proposed construction violate any zoning l~w, ordinance or regulation: .[~e~ ............................................... 13. W'iil iot be regraded .:~ ..................... Will excess fill be remov~ from premises: ( ) Yes (~) No ]4. Name of ~ner of premises ..~..~e~ .............. Addre~ ..~ ............... Phone No.c~..~ .... Nome of Architect .............................................................. Address ................................Phone No Name of Contractor ....... ¢~,..~,..~e~.~ ..................... Address ..,~¢~.,,¢ ........ Phone No. ;f~..¢.~¢;~ PLOT DIAGraM Locate clearly and d~stinctly all buildings,wnemer' ~' ex~stng' ~' or proposed, and indicate ~H ~t~ck d]me~ons from. propeRy lines, Give street and block number or descr. Dt~on according to de~, and show street names ~nd STATE OF NEW ~X~RK~,~/~.,~ [ S S COUNTY OF ~~~T..f ' . . ............ .~-~.~....~~ ........ ' .......................... being duly swtm, deposes and soys that he is the appiican, (Name of individual signing contracO QDOVe named. He is the .... ~ (Contmctor,-agent, corpqrate officer, etc.) of said owner or owners, and is duly authorized to perform or have perfbrmed the said work and to m~ke and file this application; that afl statements contained in tMs application are ¢~e to the best of his know[edge and beffef: that the work will be performed in the manner set fo~h in the app[ica}ion filed therewith. Swam t~ me this ',, TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO, /~ DATE .,~..?.~ ~1....~ .~.....1. ~ ~4 TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N. Y. Edw~.rd ~ Flsui~ G~eBinar , 810~ ~ View Eo~d 1, (We) .................................................................. or .......... Name of Appellant Street and Number ....0.~.~.~,...~Z T~e Sea, O~ie~ Few york ................................................................................................ HEREBY APPEAL TO Municipality State THE.ZONING BOARD OF APPEALS FROM THE DECISION OF THE SblLDING INSPECTOR ON NO ..................................... ......... WHEREBY THE BUILDING INSPECTOR DENIED TO EdwardG~ebin~r c/.o Co W. Powe!l-Bnilder Name of Applicant for permit of 880 P~oo~ns' ' on Ed. Greenport~ _~ew_ york Street and Number Municipality State PERMIT TO USE ( ) 1. LOCATION OF THE PROPERTY ..S.?..~...~...~...~..e...~...A.°...~.~.~.....O.~".~.e.?...~. ............... :~..~..~]...?.~.$.t: ......... Street Use District on Zoning Map 277T ~ 8444 2T Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nanee.) 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordina.nce or Zoning Map ( ~ A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for ~ special oermit ( ) request for a variance ana was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~: ) A Variance to the Zoning Ordinance ( ) is requested for the reason that side Lime se+~-bgek doe~ ~equirements. not meet minimum Forr~ ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ap]~el~[~$ is t~ ~ee(~ e£ le~]fger '~i~±~ ~e~. 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 beoause 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW. cYORK ~ ' ) ss COUN~ OF/ Sworn to this ................ _.... ....................... day of .......... /-3 Notary Public