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HomeMy WebLinkAbout1814 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1814 Dated July 16, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Kurt Koehler Stillwater Avenue Cutchogue, New York DATE Aug.us.t....9, 1973 Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance (X) Bequest for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolut~n ~ the Board ~ was d~ermined th~ a serial exception ( ) be ~a~ed ( ) be &nied p~snant to Artic~ .................... Section .................... S~section .................... paragra~ .................... ~ the ~nin~ Ordinance and the decision of the Building Insector ( ) be reversed ( ) be ~lrmedbe~ame 8~15 P.t. (E.S.T.), upon application of Kurt Koehler, Stillwater Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 302, for permission to construct garage in front yard area. Location of property~ east side Stillwater Avenue, Cutchogue, Lot #16, ~ap of ~.S. Hand. Fee paid ~15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (wou]d not) produce hardship because SEE REVERSE 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 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 SEE REVERSE (wo~d nct) and therefore, it was further determined that the requested variance ( ) be ~ranted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE Foa~z~ ~~~jorre McDermott, S;cretary ~hai~ua, ~0am 0t ~p~e~s .. Southold Town Board of Appeals After investigation and inspection the Board finds that applicant ~equests permissio~ to construct garage in front yard area, Lot #16, on the east slde of Stlllwater Avenue, Cutchogue, New York. The findings of the Board are that applicant wishes to erect garage approximately in the center of lot which he has owned for 40 years, which is adjacent to his residence lot. He finds it impossible to locate the garage in his technical rear yard area because his house is too close to the water. The Board agrees that applicant may locate his garage on Lot #16 at any point between 125' and 175' from Stillwater Avenue on the west. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardships the hardship created is unique and would not be shared by all properties alike in the immediate ~vicini,ty of ~this property and in the same use distriot! and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Kurt Koehler, Stillwater Avenue, Cutchogue, New York, be GRANTED permission to construct garage in front yard area, Lot #16, Nap of M. S. Hand, east side of Stillwater Avenue, Cutchogue, as applied for, subject to the following condition, That the garage may be located at any point between 125 feet and 175 feet from Stillwater Avenue on the west. Vote of the Board, AyesJ- Messrs~ Gillispie, Bergen, Hulse, Grigonis. 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 Southold, at the Town Office, Main Road~ Southold, Mew York, on August 9, 1973, on the following appeals: 7:45 P.M. (E.D.S.T.), upon application of Richard and Shirle Clark, 306 Sixth Street, Greenpor~, for a variance in accordance with the Zoning Ordinance, Article III, Section 304, for permissiol to construct dwelling with less than average setback. Location of property: east side Rocky Point Road, south side Aqua View Avenue, East Marion, bounded north by Aquav~ew Avenue; east by Rocky Point Road; south by Land of Farmakidis and Land of Mardikos west by Brown. 8:00 P.M. (E.D.S.T.), upon application of Pa~ricia Hecker, 1116 Main Street, Greenport, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to convert existing garage and storage to dwelling; building has insufficient side and rear yards for dwelling. Location of property: west side Stars Road, East Marion, bounded north by Stars Road West; east by Stars Road; south by Philip F~ur~enti; west by Balders, Weiss and others. 8:15 P.M. (E.D.S.T.), upon application of Kurt Koehler, Stillwater Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 302, for permission to construct garage in front yard area. Location of property: east side Stillwater Avenue, Cutchogue, Lot ~16, Map of ~. S. Hand Page 2 8:30 P.M. (E.D.S.T.), upon application of Miriam Hitchcook, 10 Greenway Street, Hamden,Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, the Bulk Schedule and Section 280A of the Town Law, for permission to construct dwelling and divide property with insufficient area and frontage, and approval of access. Location of property: right of way off Grand Avenue, Mattituck, bounded north by William Black; east by W. Black and H. Krause; south by C. Ely; west by Mattituck Creek. S:45 P.M. (E.D.S.T.), upon application of George Ahlers, 250 Cox Lane, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule and Section 280A of the Town Law, for permission to divide property with insufficient area 'and-frontage and construct two dwellings, and approval of access. Location of property: right of way off south side Bayview Road, Southold, bounded north by Clemens; east~by~Bayview Development Corp.; south by Corey Creek; west by right of way. 9:00 P.M. (E.D.S.T.), upon application of James P. Kavanagh, Main Road, East Marion, for a special exception in accordance with the Zoning Ordinance, Article V, Section 500 B~3 and Article XV, Section 1504 l-a, for permission to convert existing motel, known as Crescent Beach Motel, to permanent condominiums. Location of property: south side Main Road, East Marion, bounded north by Main Road; east by Rudkoski and Dawn Estates; south by Gardiners Bay; west by Dawn Estates. Legal Notice Page 3 Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: July 27, 1973 PLEASE PUBLISH ONCE, August 2, 1973, AND FORWARD SIX OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, SOUTHOLD, NEW YORK. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS (6) AFF IDAVIT~ ~AIN ROAD, Copies mailed to the following on July 27, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Mr. and Mrs. Richard Clark Corwin & Glickman, Esqs., a/c Patricia Hecker Mr. Kurt Koehler Wickham & Lark, Esqs., a/c Miriam Hitchcock George Ahlers, Builder, Inc. Rudolph Bruer, Esq., a/c James P. Kavanagh COUNTY OF SUFFOLK STATE OF NEW YORK NOTICE OF HEARINGS .Pursuant to S~ction 267 ef the ToWn Law a!ld 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 at Appeals of the Town of Southold, at the Town Office, Main Ro~d, South- old, New York, on August 9, 1973, on the following appeals: ~:45 P. M. IEDST), upon ap- plication of Richard and Shirley Clark, 306 Sixth Street, Green- pert, for a variance in accordance with the Zoning Ordinance, Ar- ticle III, Section 304, for permis- s,on to construct dwelling with less than average setback. Loca- tion of property: east side Rocky Point Road, south side Aqua View Avenue, East Marion, bounded north by Aquavlew Avenue; east by Rocky Point Road; south by L~,nd of Parmakldls and Land of Mardikos; west by Brown. 8:09 P. M .(EDST), upon ap- plication of Patrlcla Hacker, 1116 Main Street, Greenport, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to con- vert existing garage end storage to dwelling; building has Insuf- ficient side and rear yards foe dwelling. Location of property: west side Stars Ro~d, East Mar- ion, bounded north by Stars Road West; east by Stars Road; south by Philip Prumenti; west by Balders, Weiss and others. ~ 8:15 P. M. (EDST), upon ap2 pltcation of Kurt Koehloe, Still~ water Avence Cotchogns, for a variance in accordance with the Zoning Ordinance, Article III, Section 302, for permission to construct garage in front yard area. Location of property: east I side Stillwater Avenue, Cut- chogue, Lot No. 16, Map of H. S. Hand. -- 8:30 P. M. (EDST), upon ap- plication of Miriam Hitchcock, 10 Greenway Street, Hamden, Connecticut, for a variance in accordance with the Zoning Or- dinance, Article III, Section 301, the Bulk Schedule and Section 2S0A of the Town Law, for per- mission to construct dwelli~ and divide property with insuffi- cient area and frontage, and approval of access. Location of property: right of way off Grand Avenue, Mattituck, bounded north by William Black; east by W. Black and H. Krause; south by C. Ely; west by Mattituck Creek. 8:45 P. M. IEDST), upon ap- 01ication of George Ahlers, 250 Cox Lane, Cutchogue. New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the BuIk Schedule and Section of the Town Law, for permission to divide property with insufficient two dwellings, and approval of access. Location of property: right of way off south side Lay- view Road, Southold, bounded north by Clemens; east by Bay- view Development Corp.; south by Corey Creek; west by right of way. 9:00 P. M. (EDST), upen ap- plication of James P. Kavanagh, Main Road, East Marion, for a with the Zoning Ordinance, Ar- ticle XV, Section 1504 l-a, for Motel, to permanent condomin- iums. Location of property: south side Main Road, East Marion, bounded north by Main Road; Estates; south by Gardiners Bay; west by Dawn Estates. Any person desiring to be heard on the above appeals should ap- pear at the time and ~]ace above specified. Dated: July 27~ 1973 BY ORDER OF THE SOUTHOLD TOWN EOARD aP APPEALS C. Whitney Booth, Jr., being duly sworn, says is the Editor, of THE LONG ISLAND [ - MA'I-rlTUCK WATCHMAN, o public news- ted at Southold, in Suffolk County; and that ~f which the annexed is o printed copy, has been in said Long Island Traveler-Mottituck Watch- each week for ....... ~-).. ~,,~...~ .z{.../.. week~ y, caDeZng on ,he ................ ~worn to~before., me this ....... ~.~..~.. day of ........ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Lav~ and 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 Southold, at the Town Office, Main Road, Seuthuld, New York, on August 9, 1973, on the following appeals: 7:45 P.M:' (E.D.S.T.), upon application of Richard and Shirley Clark, 30G Sixth Street, Greeaport, for a variance in accordance with the Zoning Ordinance, Article III, Section 304, for permission to construct dwelling with less than average setback. Location of property: east side Rocky Point Road, south side Aqua View Avenue, East Marion, bounded north by Aquaview Avenue; east by Rocky Point Read; south by Land of Farmakidis and Land of Mar- d/kns; west by Brown. 8:00 P.M. (E.D.S.T.), upon application of Patricia Hecker, 1116 Main Street, Greeaport, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to convert existing garage and storage to dwelling; building has insufficient side and rear yards for dwelling; building bas insufficient side and rear yards for dwelling. Location of property north by Stars Road West; east b~, Stars Road: south' property: west side Stars Read, East Marion, bounded north by Stars Road West; east by Stars Ro~d; south by philip Frument/; west by Balders, Weiss and others. L 8:15 P.M. (E.D.S.T.), upo~ Application of Kurt Koehler, Stillwater Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 302, for permission to construct garage in front yard urea~ Location of property: east side Stillwater Avenue, Cut- cbogue, Lot No. 16, Map of H.S. 8:30 P.M. (E.D.S.T.), upon application of Mir/am Hitehceck, l0 Greenway Street, Hamden, Connecticut, for a variance in accordance with the Zoning O~'dinance, Article III, Section 301, the Bulk Schedule and Sect/on 280A of the Town Law, for permission to construct dwelling and divide property with in- sufficient area and frontage, and approval of access. Location of property: right of way off Grand Avenue, Mattituck, bounded north by William Black; east by W. Black and H. Kranse; south by C. Ely; west by Mattituck Creek. 3:45 P.M. (E.D.S.T.), upon application of George Ahlers, 250 Cox Lane, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sect/on 301 and the Bulk Schedule and Sect/on 280A of the Town Law, for permission to divide property with insufficient area and frontage and construct two dwellings, and approval of ac- cess. Location of property.: right of way off south side Bayview Read, Seuthold, bounded north by C~!emens.; east by Bayview Development Corp.; south by Corey Creek; west by right of way. 9:00 P.M. (E.D.S.T.), upon application of James p. Kavanagh, Main Road, East Marion, for a special exception in accordance with th~ Zoning Ordinance, Article V, Section 500 B-3 and Article XV, Section 1504 l-a, for permission to convert existing motel, known as Crescent Beach Motel, to per- manent condominiums. Location of property: south side Main Road, East Marion, bounded north by Main Road; east by Rudkoski and Dawn Estates; south by Gurdiners Bay; west by Dawn Estates. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: July 27, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLR, STATE OF I~EW YORK, ~ ss: J ...... ~.u.a.~..~...Dorman ....... being duly Sworn, says that ...h.e... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county: and that the notice, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekly Times once in each week, f~r ..... o.r~e .................. weeks successively commencing on the . ~e¢o.r~d ................. Swam to~jbg, fqr~e me this ...'.~. .... JOSEPH LAWRENCE TOWNSEND NOTARY PUBLIC OF NEW YORK ~ FO]~ NO. 3 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N, Y. NOTICE OF DISAPPROVA~_~.Date '~ /~/ File No ......................................................................... ::~,...~/ .............................. , 19~.....~.. .............. ~'.~~-.. -/.W-.'- ....... ~,~^~ ~ ~o~,~ ~ ~o.~ ~,~. ~ ........... ~...Z~.~ ~.~..~ ~ ~ ~-'_ ~ disapprove~ on the following~obnds ......~.~...~.:~.~ ~~......~.....~.,..~~/~_~.~:~ ................. .............. ~.~ ...... ~.~...s..~...~ ............ / ................................................ / Building Inspector / TOWN OF $OuTHOLD, NEW YORK APPEAL FROM ,DECISION OF, BUILDING INSPECTOR APPEAL ~O. - TO THE ZONING BOARD OF A~PEALS, TOWN OF SOUTHOLD, N. Y Name of Appellant Street and Number HEREBY APPEAL TO Municipality T[HE ZONING BOARD OF APPEALS FROM THE DECISION OF THE~BU~ILDING INSPECTOR ON r"z W, EREBY BUiLDiNG NSPECTOR DEN ED TO U' Name of Applicant for permit Street and Number Municipality State ) PERMIT TO USE PERMIT FOR OCCUP CY , Street Use District on Zoning/qtap ~V~op No. Lot No. 2, PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinonce by number. Do not quote the Ordinance.) / 3~ TypE OF APPEAL Appeal is made herewith for (~,~ VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. l& Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appealS(has not) been made with respect to this decision o~ the Building Inspector or with respect to this property. ' S~tch appeal was ( ) request for a special permit ~ ( ) request for a variance a~d was made 'n Appeal No ................................ Dated ............................................ ~ ........................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection ~ A Variance ~o the Ordinance Zoning ( ) is requested for the reason that ~ ~ /~,~_ (Continue on other side) ~EA$ON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie~ or unneces- sary HARDSHIP because 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 '~ ~.~t S T [ t'~ ~ ~bd ~-L~b CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) COUNTY OF ) Sworn to this .................... Z .6. ................ day of. Si§n~ture Notary Public TERRI LEE ELAN NOTARY PUBUC, State of New York TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. Exomined ....................................... , 19 ........ Approved ........................................ , 19 ........ Pemif No ..................................... Disopproved o/c ............................................................................................. Application No ................................. (Building Inspector) a. This ap 3 sets of pier b. Pict pla g~ving a detail c. The wot d. Upon aI the premises a e. No buil~ granted by th~ APPLICATION FOR BUILDING PERMIT Date ..... ._~..~., "zj INSTRUCTIONS ~lication must be completely filled in by typewriter or in ink and submitted i~ trJolicate to the Building Inspector, with accurate plot plan to scale. Fee according to schedule. showing location of lot and of buildings or premises, relationship To adjoining premises or Dublic streets or areas, and ed description of layout of property musl be drawn on diagram which is part of this application. covered by this application may not be commenced before issuance of Building Permit. ~prova[ of this application, the Building Inspector will issue a Building Permit To the applicant. Such oermit shall be kept on reliable for inspection throughout the work. ing shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shah have been Bu ding inspector. APPLICATION IS HEREBy MADE to the Building Department for the issuance of a Building Permit pursuant To the Building Zone Ordinance of ~he Town of Sodthold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, addi[tions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, butlding code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. .... ......................... (Signature of appiican[, or name, if a corporation) (Address of applicant) ]'~ & State whethelr applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owr~er of premises ............. ...~.~..~:.....~:...~........~...~.~...~::.. / If applicant is~a corporate, signature of duly authorized officer. Name and titJe of corporate officer) Bull ler s L~ce, se No .......................................................... Plun beds License No ....................................................... Elec rician's License No ..................................................... Oth, r Trade's L cense No .................................................. q "~ C) LotNo J~2 1. Locatior of land on which proposed work will be done. Map No ...................................................................... Street ar Number .......... ~...~....~... ........... .~...~../~....~,'., .~ .~;.......~....~..: ....... ~.~.....~.~.,q, ~.... ;..~.....,~... .......... Municipali~ 2.State ex ling use and occupancy of premisesN..~t,. , \' ' F~ ~_and i,ntended use and occupancy of proposed construction: a. Ex,, :lng use and occupancy ...... J...~....q...~....~...ct......~.....~..~......':~.~.~ ........... ; ................................... ,ded "se and occu~anc, ~ ~ .~=..ci.L '=~ ~ ~ ~ ~..~.- ~ b. Int~ , , ............................. .~ ..................................... ~ ........................ .~ .......... w B ~ -~i+ on A tera on 3. Nature of work (check which ,~licable): Ne ui~ding '~-' i 3 ti Repair ......................... Removal ......................... Demolition ........................ Other Work {-Description) 4. Estimated Cost ~-~,~.~.~..:~.~ .................... '[ Fee ....,.. (to ba p~d on f~ling this application) 5. If dwelling, number of dwelling units ......... ~ .......Numbe~ of dwelt[ng units on ~ch f~oor ..... ~ If gam~ number of cars ...... ~. 6. If busine~, commercial or mixed occupancy, specify natu~ and extent of each type of u~ .....~ 7. Dimensions of existing ~ructures, if any: Front ..................... Rea~ ........................... Depth Height ........................................................... Number of Stories Dimensions of same structure with alterations or additions: Front .......................... Rear Depth ............................................. Height ......................................... Number of Sto~i~ 8. Dimensions of entire new construction: Front ........ ~..~.' ....... Rear ......... :~.~.: .......... Depth ........ ~.3 Height .............. ~,.~ ............................. Number of Stories 9. Size of lot: Front ......... ~...~:~ ..... Rear ..... ~o ' 6~ 10. Date of Purchase ................ L~.~.~ .......... Name of Fo~mer Owner .. J~Z. ,~ ~ 1 1. Zone or use d~str,ct m which premises am s~tuated ...... ~.~.~.~-..~.~..L....~ .......... ~.5.~.~ 12. Does proposed construction violate any zoning law, ordinance o~ regulation: .......... J~.~ 13. Willlot beregraded--.~,.~ ....... : ......... ~ill e~cess fill be ~moved from premises: [ ~ Yes Ow.e of .............. ......... (Add~ss~ Name of Arch tect ....................................................................................................... ~..~..~...~:.~ (Address) (Phone Name of Contractor .................................................................................................................................................. {Addmss~ (Phone No.) PLOt DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed ane indicate al property lines. Give street and block number or description accordin~ to deed and ~how stm~t er interior or corner lot. ~et-b~ck dime, nsiQ~n~ ~[O~ hemes e~dr indica~ ~j~-~th=' A~ STATE OF NEW Y O R K ,....('~o///./)f 1~ .~ ) COUNTY OF ................ ~.~; ~ ............... ~ ~S .......................................................................................................... being duly sworn~ deposes and says that he is the ep~iicant above named. (Name of individual s~gnin~ contract) .e,s,.e ........................................ .......................................................................................... t Contractor, agent, corporate officer, etc.) set forth in the application filed therewith./h [Si~ature of applicant)