Loading...
HomeMy WebLinkAbout1736 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~NG BOARD OF APPEALS Appeal No. 1736 Dated March 1, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Elizabeth A. Allen & Jane Chambers 280 Henderson Street Jersey City, New Jersey 1973 Appellant at a meeting of the Zoning Board of Appeals on April 19, 1973 was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request iora variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be ~ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zonir~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7t30 P.M. (E.S.T.), upon application of Elizabeth I. Allen and Jane Chambers, 280 Henderson Street, Jersey City, New Jersey, for a variance in accordance With the Zoning Ordinance, Article III, Section 300, for permission to use existing accessory building as dwelling. Location of propertyt west side Stars Road, East Marion, bounded north by Stars Road West; east by Stars Road; south by Philip Fru~enti; west by Balders, Weiss and others. 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 hardship because SEE REVERSE 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 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 ~ranted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) ha reversed. FORM ZB4 ) be denied and SEE REVERSE PROVED ' ¢ ~/l'cL~,g.,~-,---~ II ', ~ -~ ~ ~~-~ / ~Ori. McDor~tt, Secretary After investigation and inspection the Board finds that applicant requests permission to use existing accessory building as dwelling. The building is located on the west side of Stars Road, East Marion. The findings of the Board are that the use requested is in violation of the Ordinance in all respects. This use would not be permitted anywhere. Premises may not be occupied until a Certificate of 0ccupancy has been issued. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and w~uld be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance'will change the character of the neighborhood, and will not observe the spirit of the Ordinance. THEREFOI~E IT WAS RESOLVED Elizabeth A. Allen and Jane Chambers be ~ENIED permission to use existing accessory building as dwelling on property located on the west side of Sta~s Road, East Marion, New York, for the reasons stated. Vote of the Board: Ayes:- Messrs~ Gillispie, Bergen, Hulse, Grigonis, D~yen. LEGAL NOTIC~ 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 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 Ciearview Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C4 and Section 302, for permission to construct private garage in front yard area. Location of property, west side Gardiners Lane and south side Clearview 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, C~tchogue, 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 permission to divide property with insufficient area and frontage. Location of property : north side Bailey Bea~ Road, ~attituck, bounded north by other land of applicant; east Legal Notice Page 2 by right of way and Gatz; south by Bailey Beach Road; west by J. Little. 8:00 P.M. (E.S.T.), upon application of Joseph and Mary Kirwin, Bay Avenue, Cutchogue, New York, for a variance In accordance with the Zoning Ordinance, Article iii, Section 301 and Bulk Schedule, for permlssion to divide property with less than required area and frontage. Locatinn of property : Lots %1i8 and 119, Map of Nassau Farms, Peconic, New York. 8:05 P.M. (E.S.T.), upon application of Carl and Frances Chapman, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to construct dwelling with less than required setback. Location of proper=y: 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 Cham~ers, 280 Henderson Street, Jersey City, New Jersey, for a variance in accordance with the Zoning Ordinance Article Iii Section 300, for permlssion to use existing accessory building as dwelling. Location of property: west 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, Greenpor=, 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. Railroa( east by A. Tuthill; south by Sound Avenue; west by A. Palkovich. ' ' NOTICE OF H~ARI Pursuant ~o SecQon To~ ~w ~d ~e ~v~o~ of the Amended B~I~ns Zone Ordinance of the Town of ~u~old, ~o~ ~, York, ~b~c h~s ~ ~ h~d by~e ~g~of ~ls of · e To~ of ~d, at ~e To~ ~ce,-~ ~d, ~old, N~ Y~k, on ~h ~, 1~, on · e foHo~ apes: 7:~ P.M. (E.S.T.), photon of ~ G. B~, Cle~view Avenue, Southold, N~ Y~k, f~ a v~ ~, ~e IH, mission ~ eonst~et private g~age in front yard ~ea. ~n ~ ~, w~t ~de G~ ~e ~d M~ ~e Clearview Avenue West, Southold, ~unded nor~ by ~ Av~ue W~t; ~st by G~s ~e; ~h by D~; west by Jo~ M~. 7:~ P.M. (E.S.T.), u~n p~tion of ~am~ F. M~ay, V~n ~d, Na~u Po~t, ~e, N~ York, f~ a v~ ~ a~d~ ~ ~e Section 301 and ~e Bulk Sched~e, for permission to ~de p~y required ~ea and frontage. ~ation of p~p~y: 5, ~p of P~o~c Bay ~- 7:~ P.M. (E.S.T.), u~ p~ca~on of D~ H. Cat~, ~t~ Argue, Yo~, New York, for a v~ c~ce ~ the ~n~ ~ce, ~cle III, ~on ~d B~k ~e, for ~r- mi~on ~ ~vide ~pe~y ~fi~ent ~ ~d ~ati~ of p~: n~ ~de ~fl~ ~ ~d, ~t~tu~, ~d~ n~ by o~ ~d of app~c~t; ~ by ~t of way ~d Ga~; m~ by B~ey ~d; w~t by J. ~t~e. 8:~ P.M. (E.S.T.), ph~on of J~ ~d ~, ~y Av~ue, ~e, N~ York, f~ a v~ accordance with the Zon~g ~, ~icle IH, ~on ~1 ~d B~k ~h~e, for m~on ~ ~de p~ l~ ~ ~d ~ ~d ~n~ge. ~a~on of p~y: ~ No. 118 ~d 119, ~p of Na~u F~s, P~c, N~ Y~k. 8:~ P.M. (E.S.T.), p~tion ~ ~l ~d ~p~, ~t~ck, N~ York, for a v~ce ~ acc~ ~e ~g ~, ~e HI, ~on ~ and B~ ~h~e, for permission to cons~uct ~ck. ~ation ~ p~: ~t No. 1~, ~p ~ ~t ~ke V~age, ~t~tu~, N~ York. 8:15 P.M. (E.S.T.), ~ aF p~ea~on of E~za~ A. ~en, ~d J~e ~am~, ~ Hen- d~n S~t, J~ ~ty, N~ J~y, for a v~ce ~ce ~ ~e ~, ~cle IH, ~on for ~i~ acc~ry ~ as dwe~. ~ati~ of p~: w~t side Stars Road, East Marion, ~md~ n~ by ~ ~d W~t; ~ by by ~p ~en~; w~t by ~d~, We~ ~d o~. 8:~ P.M. (E.S.T.), ~n ph~on of ~nt ~t, G~, N~ York~ f0~ a s~! accordance with the Zoning ~, ~cle ~I, ~on ~ B4, f~ ~ion ~ o~a~ public garage. Location of property, nor~ side ~und Avenue, Mattituck, ~unded n~ by L.I. ~d; ~st by A. ~; ~ by ~d Av~ue; w~t ~ A. P~ovich. COUNTY OF SUFFOLK, ] STATI~ OF NEW YORK, ~ ss: Stuart C. Dorm~n ...................................... being duly Sworn, says that ...h.e... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is u printed copy, has been published in the suid Suffolk Weekly Times once in each week, for ....... .o.q~. ................ weeks successively commencing on the ..... ~.~.ep.~y.-.~.e. qo.~.~. ....... Marc~ 197.3 Swm'n to before me ~his .. '.2:.?..... ~, d~r7 of .,~..4~.~////~?.:/.,:...~-~ 19~.~.. I LEGAL NOTICES NOTICE OF HEAR1NG~ Pursuant to Section 267 of the Town L~w and the provtsion~ o~ the Amended Buiding Zone Ordi- nance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office~ Main Road, Southold, New York, on March 29, 1973, on the lollow- lng appeais: 7:90 P. M. (ESTL upon appli- cation of Gordon G. Bishop, Clearview Avenue,, Southold, New York, for a Yaria~ce in accord- ance with-the Zoning Ordinance, Article III, Section 300 C4, aud Section 302, for permission to construct private garage in front yard area. Location of property. west side Card(nors Lane and south side ClearviewAvenueWest, Southold, bounded north by Clearview Avenue West: east by Gardiners Lane: south by Dart; west by John Mulhall. 7:49 P. M. (ESTI, upon appli- cation of James F. Murray Vanston Road. Nassau Point. Cutchogue, New York. for a var- iance in accordance wilh the Zoning Ordinance ArticlelII.Scc- lion 301 and the Bulk Schedule. for permissicn to divide prcperty with less than required area and frontage. Location of properw: Lots 4 and 5. Map of Peconic Bay Properties. Inc, 7:50 P. M. IESTL upon appli- cation of Dante H. CatuUo. 15 Ross(tot Avenue. Yonkers, New York, for a variance in accord- ance with the Zoning Ordinance Article III. Section 301 and Bulk Schedule, for permission to divide property with insufficient area and frontage. Location of prop- erty: north side Bailey Beach Road. Matt(tuck. bounded'north by other land of applicant: east by right of way and Gatz: south by Bailey Beach Road: we~t by J. Little. 8:00 P. M. (EST), UPOn appli- cation of Joseph and Mary Kir- win, Bay Avenue. Cutchogue, New York` for a variance in accord- ance with the Zoning Ordinance~ Article IH, Section 301 and Bulk Schedule, for permis.~ion to di- vide property with less than rek quired area an, d frontage. Loca- tion of property: Lots No. 118 and 119, Map of N~sau Farms, Pecan(c. New York` 8:05 P. M. tEST): upon appli- cation of Carl and Prances Chap- man, Mattituck, New York. for a variance in accordance with the Zoning Ordinance, Article ][II, Section 303 ~nd 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, Matt(tuck, New York. 8:15 P. M. (EST), upon appli- cation of Elizabeth A. Allen, and Jane Chambers, 280 Henderson ~rset, Jersey City, New Jersey, for a variance in accordance with the Zoning Ordinance Article III, Section ~00, for pm?hiss(on to use existing building as dwelling. Location of property: west side Stars Road, Bast M~rion, bound- ed north by Stars Pa)ad West; east by Stars Road; south by philip Prumenti; west by Balders, Weiss and otherz. 8:30 P. M. (EST), upon appli- cation of Edcho Corp., ~20 Front Street, Grcenpert, New York, for a special exception in ~ccordance with the Zoning Ordinance Ar- ~icle VII. Section 7 4. for per- mission to operate public garage. Location of property, north side Sound Avenue, Mattiinck, bound- ed north by L. I. Railroad; east by A. Tuthill;.south by Sound Avenue: west by A. Palkovich. 9:40 P. M. tEST), upon_appli- cation of Williams Constructing, Inc., 390 Front Street, Greenport, New York. for a variance in ac- cordance with Article III, Section 303 of the Zoning Ordinance. for permission to construct dwelling with less than average setback. Location of property: e~st side Corey Creek Road. Bouthold, bounded north by E. Hall; east by A. Meyer: south by J. Dunker: west by Private Road. Core¥ Creek Road 9:00 P. M. IESTt, upon appli- cation of Robert E. Levy. Ha.bar Lights Drive. Southold, New York. for a variance in accord- ance with Article III. Section. 300 C3 and Section 302. of the Zoning Ordinance. for permis- sion to construct garage in front yard area. Location.of property: Lot No. 8. Map of Harbor LighL~ Estates. Section One, Soulhold. 9:19 P. M. (EST). upon appli- cation of Dorothy M. Robohm. Main Road. Southo]d. New York` for a variance in accordance with the Zoning Ordinance. Articl~ III. Section 301 and Bulk Sched- ule. for permission to divide prop- erty with less than required area. Location of property: norlheast side of Youngs Road. Seuthold, bounded north by C. Schwarz; east by Midfarm Road; south by H. Conroy and J. Frass; west by Hill Road. cation of Sarah E. Gillespie, Smith Drive North, Southold, New York, for a variance in ac- cordance with the Zoning Ordi- nance, Article IIL Section 300 C1 for permission to use building as doctor's office, doctor do-s not live in same building. Location of property: east side Maple Lane. Southold. bounded north by B. Hellman: east by L Edson; south by D. Pert(t; west by Maple Ave- nue (Private ]Road). 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 COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, that he is the Editor, of THE LONG ISLA TRAVELER - M^'I-I'ITUCK WATCHMAN, a public n: paper printed at Southold, in Suffolk County; and the notice of which the annexed is a printed copy, has I- published in said Long Island Traveler-Mattituck Wa man once eech week for ...~)~...(....~.../..... successively, commencing on the ............ ~...~....~../~... day of ....... ............................. ..... Sworn to before me this ..... ~...~....." ..... do' ...... ADELE PAYNE Notary Public, Stale of New Yore Residing in Suffolk County No. 52-30~ 1000 Commission Expires March 30, 197~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL F I e/~'hJ o ......... ~ ....... .~ · ./m~;..; .if, ·; ........................... Date ........................................................ , TO ..................... ~ZJ";: ...... ; .................. ~...f4 .......... PLEASe: ]'AK[ N0'1'[12[: that your opplicotion dated ...................... for permit to ~t .,~A~..~:.~.:.i.t~..~, premises ' '~ ' ' ~f,~.,,j....at the located ~,~...~,~. .................................................................... Street ,ap ......... .~ ........... ~ ......... Block ........... ~ ........................ Lot ...'~ ....................................... is ~- ~ ?: = ~- disapproved on the following grounds ..... ~.~'~.~..Q~.~.~.....~:~... ....... ~..~?.....,~~..~~ ....... ~.~ ~..' ~-~-' .~. ~.~.~. ............................................................ 'Building Inspector l¢ (Continue on other side) OTOWN OF SOUTHOLD, NEW YORKt~ APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN Of SOUTHOLD, N. Y. APPEAL NO. / ~ ''~ 6 DATE ~'~... !.,...[ ..q[7~.~ 1, (We) Elizabeth A. Allen and Jane Ch?o~.b. er.s., Name of Appellant Street and Number 280 Henderson St., Jersey City, NS ............................ HEREBY APPEAL TO Stctte Municipality Notice of VioAa~xon THE ZONING BOARD OF APPEALS FROM THE ~:N~::N,~I~ OF THE BUILDING INSPECTOR ON z~l~l~(~.~;J J~ J J~ .................................... DATED ..... .f..q .r....a..c..t.i..o..n....]:..l. ,1..9./..~. 3. ............ WHEREBY THE BUILDING INSPECTOR I~Ji~Jf:~r.~:~ found Name of Applicant for permit as to premises on Stars Road, East Marion, NY 6Aunicipality State Street and Number ) PERMIT TO USE PERMIT FOR OCCUPANCY ) in violation of Art. III & VI. ~ 301. 1501. 1504 LOCATION OF THE PROPERTY ...s...e..e....d..i..a.g~..a...m..,..a.t..t..a..c..h...e..d. ....................................................... Street Use District on Zoning Map Map 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.) as stated 3. TYPE OF APPEAL Appeal is made herewith for (x) 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 4. PREVIOUS APPEAL A previous appeal (t~als) (has not) been made with respect to this decision of the Building Inspector or with respect to this property, by applicant Such appeal was ( ) request for o 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 ) ~s requested for the reason that strict application thereof denies applicants a temporary use needed during a construction period. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicants are going to build and do a great deal of the work on weekends, chring which time they wish to "camp out" so to speak in teznporar~ly converted garage/studio quarters presently on the premises. 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 of the circumstanc~es stated above. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the relief requested is not permanent. COUNTY OF SUFFOLK) Sworn to this .................... [~.1[ .................... day of ........................................... ..l~....a~....c..h. 1973 · , / / ' -"CORNE[I~ C~ ........ L-~~....C....:.../.~...-s~./~J~TARY. PUGL4G~ State of New York Notary PHISlir/ No. 52-2093890 Qualified in Suffolk Coun~..~ -- 3;e~m Expires March 30, NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date ...................... ~I~.JII~.~&Z~..... ~:~L' ...... 19.7..3... ToEltzabet~ Alle~ & Ja~e ~ers (owner or authorized agent of owner) .... ~jj~...~.~.~.,%~A..~j~.~..~.tl~'.ii~r...g.~.~.~..~.J, & St~.~s ~oad, E~-.st ?~rio~t ~.Y. (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance A~'t, ZI! ~tee 300 C-3..~..~.....~.-.~ee.,...1,~Ol~ & Other Applicable Laws, Ordinances or Regulations ...~l~,~f~k,..g.~..11:~lt,~ at premises hereinafter described in that (state character of violation) .... · w.t.~heu.~., a... ~ ~,~%.. a~a...~e ~p .~eJ...~i.~ h~'~%., a... ee ~'~-~:~e~ ~.. o~.. o~u~ran~F. in violation ~A-~t...[.I.~..~ .Sg(~-(; ~ ~ ~.~' ,')i , ~ee 4 ~ ~ ut~ .~e,be~.~t® e~ ~uildi~g of ' , ....' ...... '. :.... '~r...~ .... ~;~ ..~...~, . ~4:..r.' , ' .. :.. (btate section or paragraplq orappllcaDle aw, oramance or regular onl ZOJ~J~ O~l[~O& ................. ~f"~hw" To~fl" ~f" ~0%~'~I~' ~'" ~.~.f. ~.~.l.k.. 4~man.%~..N..%: ~ ................................................................ YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith in or before the ........... ~+...t~ ............................................... day of .............. ~e ;l~lx.~ a.~..~r ....................... 19.~..~, The premises to which this ORDER TO REMEDY VIOLATION refers are situated at ..... ~../8...j~,~..jj~.~jj...~,...j,~:~.Ot~.I. ....... County of Suffolk, New York. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. BuiJding Inspector April 5, 1973 Stanley S. Corwin, Esq. 114 Main Street Greenport, New York 11944 Dear Mr. Corwinz The hearing on application %1736, Elizabeth Allen, has been resoheduled for 7=30 p.m., Aprl! 19, 1973, at the Town Office, Main Road, Southold. Sincerely yours, /tle Terri Lee Elak, Secretary Southold Town Board of Appeals d