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HomeMy WebLinkAbout1803 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1803 Dated June 13, 1973 ACTION OF THE ZONING BOARD OF APPEALS Ct THE TOWN OF SOUTHOLD ToWilbur Kaiser Horton Lane Mattituek~ New Yerk 1973 Appellant at a~meeting of the Zoning Board of Appeals on J~Aue 28, 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 I. SPECIAL EXCEPTION. By resolut/on 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 Inspeet~r ( ). be reversed ( ) be conf~med becanse 9tlO P.M. (E.siT'), upon. applica~i~on o.f WilBur Kaiser, HortOn Lane, Mattituck, New York, .f~r .a variance in acC6~dance with the Zonin~ Ordinance, Article II~, Section ~01 .and the Bulk Schedule, for per~issi°n to divide lots wit1; less ~b~ ' required area and frontage. Location of prope'rtY~ south '~ide of I~rton Lane, Mattituck, bounded north by Horton Lane~ east by C. Sanders; south by North Fork Baptist Church; west by Nor{h Fork BaptiSt Church. Fee 'paid $1~.00o 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 HEVERSE (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 distric~ 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 Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB~ After investigation and inspection the Board finds that applicant requests permission to divide lot with less than sufficient area and frontage on the south side of Horton Lane, M~ttituck, New York. The findings of the Board are that property of the applicant w~s subdivided five years ago. The total area of the property to be divided is approximately 29,000 sq. ft. and applicant wishes to divide his property and set off the westerly portion as a vacant parcel for future construction of a residence. The Board finds that the lots to be created would be too small under the present Zoning Ordinance. The Board finds that strict application of the Ordinance would not produce practical difficulties or tumecessa~y hardship; the hardship ,created is not un~que and would be shared by all properties alike 'in the immediat~ w~l~i~ity ~f this property and in the s~me use district~ and ~the varig_~ce will oh~e the character of the neighborhood and wi~l not observe the spirit' of .the Ordinance. ~ T~REFOI~ IT WAS RESOLVED, Wilbur Kaiser, H~r~on Lane, ~h~ttituck, New YorE, Be I~NIED permission to divide lot with less than required area and frontage on the south side of Herren L~ne, Mattitucke New York, for the reasons stated. Vote ef the Boardt Ayest- Messrs~ Gilliepie, Bergen, Hulse, Grigonis. 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 ~ffice, Main Road, Southold, New York, on June 28, 1973, on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of John Charnews, Main Road, Southold, for a variance in accordance with the Zoning 9rdinance, Article Iii, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area and frontage Location of property: west side Oaklawn Avenue, Southold, bounded north by School District 95; east by Oaklawn Avenue; south by 5. Boken and others; and west by L. Boken and others. 7:40 P.M. (E.D.S.T.), upon application of Philippe Maitrejean, ~ex 888, Sound Avenue, Mattituck, for a variance in accordance ~ith the Zoning Ordinance, Article III, Section 301 and the Bulk ~chedule, for permission to divide lots with less than required ~rea. Location of property: north side Ruth Road, Mattituck, pounded north by Long Island Sound; east by B. Vreeland; south Dy Ruth Road (Private Road); and west by A. Joes and ano. 7:50 P.M. (E.D.S.T.), upon application of James and Margaret Boylan, 11 Gedney AVenue, Smithtown, New York, for a variance in accordance with the Zoning Ordinance, Article iii, Section 301, the Bulk Schedule and Article XVII, Section 1702, for permission tc construct dwelling in subdivision Cleaves Point, Section III, which is not on apProved list and lot does not have sufficient width or area. Location of property: Lot #73, Map of Cleaves Point, Section III. 5egai ~Notioe ?age 2 8:00 P.M.(E.D.S.T.), upon application of Joy Finkle and Millie Messeri, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and the Bulk Schedule, ~0r permission to operate a second business (Take-out Deli) on same premises with a public garage. Location of property: north north by H. Schmidt; east by west by H. Terry Estate. side Main Road, Orient, bounded H. Schraidt; south by Main Road~ 8:30 P.M.~(E.D.S.T.), upon application of George Ahlers and Barry Hellman, Cutchogue and Southold, New York, respectively, for a special exception in accordance with the ~oning Ordinance, Article V, Section 500, Subsection B-l, for permission to erect multiple dwellings. Location of property: west side Youngs Avenue, Avenue; others; Southold, bounded north by D. Charnews; east by Youngs south by Long Island Rail Road, Maier, Averett, Kaelin an( and west by R. B. Grattan, Wetkow~ki and others. 8:45 P.M. (E.D.S.T.), upon application of George Ahlers and Barry Hellman, Cutchouge and Southold, New York, respectively, for a variance zn accordance with the Zoning Ordinance, Article V, Section 502, for permission to construct multiple dwellings with some buildings over 125 feet in length. Location of property: west side Youngs Avenue, Southold, bounded north by D. Charnews; east by Youngs Avenue; south by Long Island Rail Road, Maier, Averett, Kaelin and others; and west by R. B. Grattan, Wetkowski a others. 9:00 P.M. (E.D.$.T.), upon application of Carl H. Scho0ff~ Hobart Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Iii, Section 301 and the Bulk Schedule, for permission to divide lots with dwellings which .d Legal Notice Page 3 do not have sufficient area or frontage. Location of property: Hobart and Old Shipyard Lane, Southold, Lot 941, Map of Founders Estates. 9:10 P.M. (E.D.S.T.), upon application of Wilbur Kaiser, Horton Lane, Mattituck, New York, for'a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area and frontage. Location of property: south side of Horton Lane, Mattituck, bounded north by Horton Lane; east by C. Sanders: south by North Fork Baptist Church; wes~ by North Fork Baptist Church. 9:20 P.M. Pine Tree Road, with the Zoning (E.D.S.T.), upon application of Anna Maria Pfutzner Cutchogue, New York, for a variance in accordance Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property: Part Plot ~i24 Map of Nassau Farms, Cutchogue, New York. Any person desiring to be heard on the above appeals should appear at the time ~nd place above specified. Dated: June ~15,~973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JUNE 21, 1973, AND FORWARD NINE (9)AFFiDAViTS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. dinance, Article V, Section 50~, for permission to construct multiple dwellings with some buildings over 1~5 feet in length. Locatian of property: west side Youngs Avenue,' Southold, bounded north by D. Chaenews; cast by Youngs Avenue; south by LOn~ Island Rail Road, Maier, Averett, Kaelth and others; 'and' west by R.B. Gratt~m, Wetkowski and others, 9:00 P.M. (E.D.S.T.), upon application of Carl H. Schooff, Hobart Road, Senthuld, New York, for a veriance in ac- curdanen with the Zo.ime Or- and the Bulk-Schedule, for per~ mission to divide lore-with dwellings wiiich do not have sufficient area or frontage. Location of property: Hobart and. Old Slfipyard Lane,.Scuthold, Lot No. 41, Map of Founders Estates. ~9:10 P.M. (E.D.$.?.), upon application of Wilbur Kaiser, Horton Lane, Mattituck, New York, for a variance in ac- cordance with the Zoning. Or. dinance, Article III, Section ~01 and the Bulk Schedule, for per- mission to divide lots with less ~han required area and frontage. Location of property: south side ~f Horton Lane, Mattituck[ boanded north by Horton Lane; east by C. Sanders; south by North Pork BalY~ist Church; west by North Fork Baptist Church. 9:~0 P.M. (E.D.S.T.), upon application of Anna Maria Pfutmer Pine ']~rce Road, Cut- chogue, New York, f~r a variance in ac'~ordance with the Zo~..~ Ordinance, Article III, Section ~01 and the Bulk Schedule, for l~u:m~ssion to divide property frontage. Location of property: Part Plot No. 1~4, Map of Nassau Farms, Cutcho~ue, New York. Any per~m desiring th be hcard on the above appeals should appear at the time and place above specified. Dated: Jane i5, 1973 BY ORDER OF THE SoIYrHOLD BOARD OF APP... 1T J21 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: says that . .~.?... is Printer and Fublishe~ of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport. in said county: and t~at the notice, of which the ~nnexed is a printed copy, has been published in the s~d Suffolk Weekly Times once in eoch week, f~r ....... .~.e ................. weeks day of ..... ? .~.~.~. ......... .~. 19.~.~.. R~sb~n~ ~ Su~o~ County C1ks. No. 52 9366350 D. Charnews: east bY Youn~'~ Avenue; south by Long Island Rail Road, Maier, Averett. Kae- li~ and others; and west by R, B. Grattan, Wetkowski and others· 8:45 P. M. '(EDST). upon ap~ plication of George Ahle~ and Barry Hellman, Cutchogue and Southold, New York, respectirely~ ior a variance in accoi'dance with the Zoning Ordinance. Article V, Section 502. fvr COl'- mission to construct multiple dwellings with some buildings over 125 feet in length. Location of property: west side Young.~ Avenue, Southold, bounded north by D. Charnews; east by Yo~ngs Avenue; south by Long Island Rail Road. Maier. Averette. Kao- lin and others; and west by R. B. (;rattan, Wetkowski aud others. 9:00 P. M. (EDSTL upon ap- Plication of Carl II. Schooff, Ho- bart Road, Southold, New York, roi' a variance in accordance with the Zoning Ordinance. Ar- ticle Il/. Section 3{)1 and the Bulk SChedule, for permission to divide lots with dwellings which do not have sufficient area or frontage. Location of property: Hobart and Old Shipyard Lane, Southold, Lot No. 41, Map of 1%unders Estates. ~ 9:10 P. M. (EDST), upon ap- plication of Wilbur Kaiser, Hor- ton Lane, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to di- Vide lots with less than required area and frontage. Location of property: south side of Horton Lane, Mattituck, bounded north by Horton Lane; east by C. Sanders; south by North Pork Baptist Church; west by North ~ork Baptist Church. ~ 9:20 P. M. (EDST), upon ap- plication of Anna Maria Pfutz- net, Pine Tree Road, C'utchogue, New York, for a variance in ac~ cordance with the Zoning Ordi~ hanes, Article TH, Section 301 and the Bulk Schedule, for per- mission to diVide property with less than required area and frontage. Location of property: Part Plot No.' 124, Map of Nassau Farms, Cutchogue. New York. Any person desiring to be heard on the above appeals · should appear at the time and place above specified. Dated: June 15, 19'F3 BY ORDER OP ~z~lm ~Ou'rnOLD TOWN BOARD OP APPEALS 1T--6-21 FOR~ NO. 3 TOWN OF SOUTHOLD BUILDI~IG DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE O~: DJS^PPRO¥^L il~ No ................................................................... Date ............... .~ ...... ~..,~...., 19....~..,~ 'o ;,.~.~...,~~ ................... ;,.i~.L~...,~-~...(b~ ................... PLEASE TAKE NOTICE that your application dated ............. ~ ......... (..~ ........ , 19.2.) f~ permit to c~c~.~,...~ ......... at the premises I~ed ~ap .............. .~ ................ Block ............ ~ ....................... Lot ........ ~ .............................. :... ~s ¢~uFneCher~disapproved on the following grounds ..... ~...~..~...~ ...k~.~..4~...~.~.4~L...~..//~-.~...~..~..~-~.~,-., ................................................. ..~.. ....... ; ........................... ;_..... ........ ;~ ................ ?.~ ............................................................................. ..~ ..................... ~~.~.~ ........ ~.~.~.z..~..~.~_~.~. .................. TOWN Or S0 +iiOL,. NEW YO"K FROM. DECISION OF BUILDING. dNSPECTOR DATE .June..13+..1923... TO:THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD. N. Y. Name of Appella,nt Street and Number Municipality ..N..~.W...~.o..~..]f, ....... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... ~....'Z..L.'"~.....'~...,,.7. J~. .............. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .......... ~:).~ar~.,T.an~ ..................... ~a.~i~k, .................... ~..,~.qrk ........ Street and Number Municipality State ( ) PERMIT TO USE ¢ ) PERMIT FOR OCCUPANCY (1X) PEP~4IT to set off lots with less than 40,000 square foot area / LOCATION OF THE PROPERTY ~S~/~.s~.~.~r~.t~"~n~.~L.A.n'~e~`~P~r~i~v.~a~'t~e~L~a~.e~:~A~%~g~ N.Y. Street Use District on Zoning Map (A-Residential & Agricultural Ntap No. Lot No. 2L 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.) ~'-~ e..~ - ~ Section 31 TYPE OF APPEAL Appeal is made herewith for (k) A VARIANCE to the Zonin~ Ordin.c~nce or Zoning Map ( ~ A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. ]6 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. S~ch appeal was ( ) request for a special Dermit ( ) request for c variance and was made n Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reasonthat applicant wishes to divide his property and set off the Westerly portion as a vacant parcel for future construction of a resi- dence. The present residence of applicant is too large for his wife and h%mself Since she is afflicted with arthritis and cannot take care of it. I~ is the intention of applicant to dispose of t~is residence and construct alsmall one on the parcel to be set off. / ~0nnZB! (Confinueono~erside) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sa~ HARDSHIP~m"~ The present size of applicant's property is larger than most of the plots in the neighborhood. The residence is now located on the Easterly portion of the lot, leaving a large vacant parcel on the West. Attached hereto lsa Xerox copy of the survey of applicant's property on which has been delineated the lot to be set-off, it being 65 feet on the right-of-way, and 65 feet on the Southerly line. The present house is not shown, but it occupies the approximate position of the garage and shed with the Westerly line being/~/~t feet from the proposed division line. 2 The hardshipcreotedis UNIQUEandisnotshared by all properties alike in ~e imme~ote vicinity ofthispropertyond in thisuse distrid because most of the properties in this area are under 20,000 square feet in area and would not be affected by the proposed change. 3 The Variance would observe the spirit of ~e Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because, as mentioned above, most of the lo~s in the neighboring area would be comparable in size to the two lots being requested. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss Wilbur A. Kais~nature Sworn to~.. day of. ............ ~Ttn~e ............................... 1973 ~O~Y PUBLI©.STATE OF ~EWY0~K ~o. 52-4259000 ~ qualifi~lin Suffolk C~unty ~e~m Exp~es ~ch 36. ~975