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HomeMy WebLinkAbout1800 TOWN OF SOUTHOLD, lqEW YORK ACTION OF THE ZONI~IG BOARD OF APPEALS Appeal No. ].800 Dated June 6s ]-9?3 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To George Ahlsrs & Baz-~-y Hell.an Cutchogues N.Y. $outheld, N. Yo DATE AppeHant at a meeting of the Zoning B({ard of Appeals on June 28, was considered and the action indicated below was tal~en on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the 'Zoning Ordinance (.lC) Request tor_a variance to the Zoning Ordinance ( ) 1973 the appeal 1. SPECIAL EXCF_A:~ION. By resulution of the .Board i.t was determined that a special exception ( be granted ( ) be denied pursuant to Article .................... Section. ............~ ....... Subsection ................... paragraph .................... of the Zonin~ Ordinance and the decision o! the Building Inspector ( ) be reversed ( ) be confirmed beeanse 81~5 POMe (EeSe~®), ~pon applioation of George Ahlero and .Barry Hell.ans Cutcho~ue ~ad S.outheld, respectively, for a v~ria~ce in accord~noe with the Zenin~ Ordinance, Article ¥, Section 302, for per~esion to construct ~ul~iPle dwellings with ee~e buAldi~gs ever X2~ feet in length.. LocatiOn ef prePertYl west side Yo,,~_-s Avenue, Sou~heXd, bounded north by D. Ohalmewe; east by Yeun~s Avenue; south by Len~ Island R~.tlro~i, l~aier, Averett, ~elin ~d others~ and wost by R, B, Grattan, 1/etkowski and others, · Poe paid 2~ VARIANCE. l~y resolution or, the Board it was determined that (a) Strict application of the Ordinance (would) (would not) hardship because SEE REVERSE prvduce practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in th~ immediate ~' ' wcmity of this property and in ~he 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 valance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE APPROV After investigation and inspecticnthe Board finds that applica~t requests permission te construct multiple dwelling with some buiXdings ever l~Sfeet in length located on the west side of Ye~m~s Avenue*, Sc~thold, New York. The findings of the Board are that applicant wishes te construct ~ltiple residences with each building having a length of 132 feet, an increase ef 7 feet. (The Or~in~nce requires t~t buildi~s she.d net exceed 12~ feet). ~e petitioners ~sh te increase the size of the ~tchens in each ~t to ~lsw for eat-in space. It is the feeli~ of the petitioners t~t the ad~tio~ 7 feet ~11 ~t detract from the aesthetic value of the ~ts ~ ~11 a~t increase ~7 density of pop. etlon or ~7 ~crease upon t~ eoologic~ b~dens ef the ~ea. ~e Bo~d a~ees ~th the reasoni~ of the applic~t. The B~ax~ finds that strict ~pp~ca~ic~o~ th~ 0rdin~nce wo.uld ~reduce ~racti~al' difficulties or ..--e~essary hardShip~ the hardship cEe&ted i~ un~que and w~uld .n~t be"~t~red by a~I ~reperties alike in th~ i~ediatevicimity ef this ~roperty'~nd in the same use' distric~ and the variance will ~et ch~--~e the character of the ~i~hbo~hood and will 'eba~ve t~e spirit of .the Ordinances : THEREFORE XT YAS RESOLVED, George Ahlers and Barry Hell.an, Cutchogue and Seutheld, respectively, be GRA~'A~D permission to construct multiple dwellings with some (er all) b~ildings ever 125 feet in length on the west side ef Yeu-~s Avenue, Seuthold, New York, as applied for, for the reasons stated, subject to the followin~ conditiens~ That the increase shall be ne larger than ? feet. T~at there sha~l be ne ether increase in the' e~ze of the buildings. Veto of the Bo&rd~ Ayes~- Messrs= Gillispie, Bergen, Hulse, Grigonis. Jegal Notice ?age 2 © O 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, for permission to operate a second business (Take-out Deli) on same premises with a public garage. Location of property: north side Main Road, Orient, bounded north by H, Schmidt; east by H. Schmidt; south by Main Road; west by H. Terry Estate. 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, 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 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 in 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. east by Youngs Avenue; south by Long Island Rail Road, Averett, Kaelin and others; and west by R. B. Graftan, others. Charnews; Maier, Wetkowski a 9:00 P.M. (E.D.S.T.), upon application of Carl H. Schooff~ 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 NOTICE OF HEARINGS Pursuant to Soctiun 267 of the · Town Law end the provisions of the Amended Building Zone Ordinance of the Town of Soothold, Suffolk County, New York, public hearings will be held by the Town Office, Main Road, Southold, New York, on June 28, 197~, on the followh~ appeals: 7:30 P.M. (E.D.S.T.), upon application of John '~arnews, · Main Road, Southuld, for a variance in accordance with the Zea~ng Ordinence, Article III, Section 301 and the Bulk Schedule, for permission to divide lots with less then required area end fronthge; _Location of property: west side Oaklawn Aveaue, Southold, bounded noi'th by School District No. 3~ cast by Oaklawn Aveaue; south by L. Bokea end others; andwest by L. Bokea and others. 7:40 P.M. (E.D.S.T.), upon application of Philippe Maitrejean, Box 888, Sound Avenue, Mattituck, for a variance in accordance with the Zoning Ol~ce, Article HI, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area. Location of property: north side Ruth Road, Mattituck, boended north by Long Island Sound; east by B. Vreeland; south by Ruth Road (Private Road); end west by A. Joce end enO* 7:50 P.M. (E.D.S.T.), upon application of James and Aveaue, Smithtown, New York, for a verinnce in aceardence with th%Zoulng Ordinance, Article IH, Section 301, the Bulk Schedule a~d Article XVII, Section 1702, for per~isoion to construct dwelling m sobdivisiea Cleaves Point, Section HI, which is not on approved list end lot does not have suffident width or area. Location of property: Lot No. 73, Map of Cleaves Point, Section HI. 8:00 P.M. (E.D.S.T.(, upon application of Joy Finkle end Millie Measeri, Main Road, .Orient, New York, for a variance m accordance with the Zoning Ordinance, Article VII, Section 701 end the Bulk Schedule, for pe~nissten in operate a second business (Take-om Deli) on same pr~m!~ with a public garage. Locatic~ of property: no~h side Main Road, Orient, bounded north by H. Sohmidt; east by H. Schnfidt; south by Main Road; west by H. Terry Estate. 8:~0 P.M., (E.D.S.T.), upon application of George Alders end Southdd, New York, respec- tivcly, for a special exception in accordance with the zonin$ Subsocti~a B-L for per~iesien to erect multiple dwellings. Loeatiun of property: west side Youngs Avenue, Southold, bounded north by D. Charnews; east by Youngs Aveaue; south by L~g Isiend Rail Road, Maier, Avarett, Kaclin end others; end west by R.B. Gratton, Wetkowski end others. 8:45 P.M.. (E.D.S.T.), upon application of George Ahlers end Barry Heilmen, Cutol~gue end Southold, New York, rmpec- tively, for a variance in ac- dinunce, Article V, Section 502, for permission to construct multiple drillings with some buildings over 125 feet in length. Locatien of property: west side Youngs Avenue, Southold, bounded north by D. Chnrnews; east by Youngs Avenue; south by Long Islend Rail Road, Maiar, Avesett, Kaelin end others; end west by R.B. Gratthn, Wetkowski end othars. 9:00 P.M. (E.D.S.T.), up~m applicatien of C~rl H. Schooff, Hobart Road, Southold, New York, far a variance in ac- cordence with the Zoning Or- end the Bulk Schedule, for per- mission to divide lots with dwellings which do not have sufficient area or t~rnnt-a~ COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: Stuart ~ ~. Dorman ...................................... being duly Sworn, says that ..-.h?... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and ~h~t the notice, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekly Times once in e-ch week, ~or one successively commencing on the twenty-first day of ..... Sworn to. ~e me this .... ~.'/..... day of .... ~ ~*~"' ~ 19~?. ! .... /, ?"" i ' ................... '-' · ' · NOTICE OF IIEARINGS Pursuant to Section 26? of L Town Law and the provisions ot the Amended Building Zon~ Or- dinance of the Town of Seuth- old, 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 June 28, 1973. on the following appeals: 7:30 P. M. (~DST), upon ap- plication of John Cl~rnews, IV~ln Road. Seuthold, for a variance inl accordance with the Zoning Ordinance, Article III- Soction 301 and the Bulk Schedule. for perml~lon to divide lots with lessthan required area and front- age. Location of property: west side of Oaklawn Avenoe, South- old, bounded north by School District NO. 5; east by Oaktawn Avenue: south by L. Boken and others; and west by L. Boken and others. 7:40 P. M. (EDST). upon placation of Philippic Maitre- jean. Box 888, Sound Avenue~ Matt(tuck, for a variance In ac- cordance with the Zoning Ordi- nance, Article II]', Scctiou 301 and Bulk Schedule, for permis- sion to divide lots with less t~an required area. Location of prop- erty: north side Ruth Road. Mat- tituck, bounded north by Long Island Sound; east by B. Vree- land; south by Ruth Road IPri- vate Roadt: a~d west by A, Joos and 7:50 P. M. (EDSTh upon ap- plication of James and Margaret Boylan, 11 Cn~dney Avenue, Sm(thrown, New York. for a var- iancein accordance with the Zon- ing Ordinance, Article III, Sec- tion 301. the Bulk Schedule and Art(ce XVII, Section 1702, for permission to construct dwelling in subdivision Cleaves Point. Sec- tion III, which is not on approved list snd lot does not have suf- ficient width or area. Location of property: Lot No. 73, Msp of Cleaves point. Section III. 8:00 P. M. (EDST~, upon ap- plication of Joy Finkle and Mil- lie Me&~eri. Main Road, Orient, New York, roi' a varia~ce ill cordance with the Zoning Ordi- nance. Article VII. Section 701 and the Bulk Schedule. for per- mission to operdte a second busi- ness (Take-out Deli) on same premises with a public garage. Location of property: north side Main Road, Orient. bounded north by H. Schmidt; east by H. Schmidt; south by Main Road: west by II. Terry Estate. Rail Road, Ma(er, Averett. Kae- Article V, Section 502, for per- d. welt~ngs with some buildings pllca~ion of C~rl H. Schooff. Ho- COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-FITUCK 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 Traveler-Mattituck Watch- man once each week for ...... ~.<~--..~..~....~.... wee~ successively, commencing on the .............. ~ ......... Commissio~° 5:730~1000' nry n Expires ~4arch 30, 197 ~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ........................... ~......~...., · o..~...~...~..b.~..iLi:,~..~ (~'~'~-~'~ (~ ~o,~ .............. ~......~ ............... ,,~.~..~.. ,Or ~e rmit to. c. onstl.uc, ...~'1...~ ..~ ..~,he p rem ises iota ted at......../~/.~.:../......J. ;...j..~: ..j~.... :.... Map ........................................ Block .......... ~ ............. ~..?.. ......................................... is ~ d,,op~rove~ on ,h, ;o"ow,n~ ~r~.~.~.....~~:,-~ .......................... ~...~::.....::.: ......................................................................... TOWN OF SOUTHOLD, NEW YORK APPEAL EROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS TOWN OF sOUTHOLD, N. Y. APPEAL NO. '/ ~ DATE .~'o ...................... GEORGE AHLERS and - .Cutchogue, New York:and 1, (We) ...................... of '"'S~u~'hc~"':b~'~"L'~e~""~sg41"e~'i'r~el¥~,reet and mummer Municipality ...,N...e..~.....~..°...=.,~.......HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO of Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( x ) Building Permit · GEORG. E..~.EI~E,...at'tC~..~Z~L¥...F~Z,LMb%~ .... Name of Applicant for permit .C...u..t...c..h..o.5[.u...e.x...~...e~....~.o...=..~.. ~p...d..~.o..u...'q. hg~.4,...j~...e~.....~.o...=.~.,...r..e..s. Rectively Municipality State LOCATION OF THE PROPERTY ....~.n.~..s.....A~.v...e..n...u..e~.~...~..~..u...t..h...~..~...d.~.....N...e~... :.~..o. rk Street Use District on Zoning Map M-1 Multiple Residence Zone 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.) section 502 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due t~o lack o-f access (State of New York Town Law Chap. 62 Cons. Laws A~t~ 16 Sec. 280A Subsection 3 4. ~REVIOUS 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 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 isrequestedfortherea~nthat Petitioners wish to construct multiple residences with each building having a length of 132 feet whereas the Ordinance requires that the building Shall not exceed 125 feet. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- sam HARDSHI~ becau~ the Petitioners wish to increase the size of the kitchens in each apartment unit giving the occupant a bit more space in each unit and it is impossible to' do so with a length of the building being restricted to 125 feet. 2. The hardship creotedis UNIQUEandisnotshared by oil propedies alike in the immediate vicinity ofthispropertyandinthis use district because the contemplated Construction of the multiple residences in accordance with an architectural'plan which is inique in and 6f itself. 3. The Variance would obsewe the ~irit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT b~au~ the architectural plan is unique and is in confmormity with the architectural harmony of the surrounding area and the additional seven feet to the structures themselves will not detract from the aesthetic value of the units and will not increase any density of population or any increase upon the ecological burdens of the area. STATE OF NE%NYORK ) ) COUNTY OF NEW YOR~' Signature Sworn to this .......... ;.[ .......... & ...;...i .... .i ..... day of ............ d-3J~< ....... ' .......................... 19 '/3 Notary Public TERRI J.~E ELAK 'NOTARY PUBLIC, State of New York Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBER8 John Wlnkham, Chairman Henry Mol~ Alfred Grebe Henry R~,not' Frank Ooyle June 28, 1973 1~. Robert W. Gillispie, Jr., Chairman Southold Town Board of Appeals Town Office Main Road Southold, New York 11971 Dear Mr. Gillispie: The Planning Board has notified each developer contemplating a sewage treatment plant that they will be expectedte cemply fully with the requirements of the Town and County. These requirements include the completion and operation of the treatment plant b~ the time half of the proposed/Hnits are constructed and occupied. They also include instaIla~ion of an approved process which will effectively remove the nitrates. It will also be required that the physical plant is constructed and m~ney in lieu of construction will n~t be accepted. The Planning Board is prepared to insist on the absolute performance of each of these conditions and this beCOmes pertinent because although the County has set a dat~ for the installation of denitrification equipment, there is currently no acceptable process. Nevertheless, because each of the developers has been notified and because denitrification is vitally important in the Town of Southold, the Planning Boar4 will insist on strict performance. This probably means that the second half of the units in all such developments now being planned will be postpone4 for as much as five or ten years. The Planning Board is prepared to instruct the Building Inspector to withhold certificates of occupancy until all these conditions are met, but it would seem that the Board of Appeals might also require this as one of the conditions for approval under their special exceptions. JW:tle Very sincerely, John Wickham, Chairman SOuthold Tnwn pl~n~ Sou :hold Town Planning Board SOUTPIOLD, L. I., N. Y. 119'71 PLANNING BOARD MEMBERS John Wlckham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank Coyla June 22, 1973 Mr. Robert W. Gillispie, Jr., Chairman Southold Town Board of Appeals Town Office Main Road $outhold, New York 11971 Re: Application for variance for George Ahlers and Barry H. Hellman - Southold Commons Apartments Dear Mr. Gillispie: In general the Planning Board does not approve of variances on new construction after the site plan has been approved or at least finalized. There might, however, be some extenuating circumstances if all of the units contained 850 square feet and the minimum distances between all the buildings was strictly observed. The Planning Board might be inclined to look more favorably on this if the primary purpose were to make the living units more spacious. Very sincerely, John Wickham, Chairman Southold Town Planning Board JW:tle