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HomeMy WebLinkAbout1817 TOWN OF SOUTHOLD, NEW YOItK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1817 Dated July 26, 1973 ACTION OF T~ ZONING BOARD OF APPEALS O~ THE TOWN OF SOUTHO~ To George Ahlers Cutcho~ue, New York DATE ~g.~l.S..~_.30, 1.973 Public Hear~ rig, 8/9/73 Appellant at a meeting of the Zoning Board of Appeals on Decision, August 30, 1973 Public Hearing: August 9, 1973the appeal 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/or a variance to the Zoning Ordinance ( ) 1. SPECIAL EXCEPTION. By reso~tlon of the Board ~ was determined that a special exception ( ) be ~a~ed ( ) be ~ed pursuant to Article .................... Section .................... S~section .................... paragraph .................... ~ the ~ni~ O~inance and the decision of the Budding Inspector ( ) be reversed ( ) be ~irmed beeau~ $~45 P.~J. (E.S.T.), upon application of George Ahlers, 250 Cox Lane, Cutchogue, I~ew York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule and Section 280A of the Tovm Law, for permission to divide property with insufficient area and frontage and constrcut two dwellings and approval of access. Location of property~ right of way off south side 3ayview Road, Southold, bounded north by Clemens; east by Bayview Development Corp.; south by Corey Creek; west by right of way. 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 hardship because practical difficulties or (b) The hardship created (is) (is not) urlique 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 REVERoo (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) and therefore, it was ituiiaer determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. After investigation and inspection the Board finds that applicant requests permission to divide property with in- sufficient area and frontage and construct two dwellings, and approval of access on property locatedl right of way off south side Bayview Road, Southold. The findings of the Board are that applicant possesses an area of approximately ?3,000 sq. ft., which is buffered by an additional area on the east of 6,900 sq. ft., and on the west by approximately 18,000 sq. ft. The reasoning of the applicant is that due to the size of the property it would be prsctical to build more than one house, and that most of the surrounding area has half acre or smaller lots. 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, George Ahlers, Cutchogue, New York, be GRANTED permission, as applied for, to divide property with insufficient area snd frontage and construct two dwellings, and approval of access, on property located on right of way off south side Bayview Road, Southold, New York. Vote of the Board: Ayes~- Nessrs~ Gillispie, Bergen, Hulse, Grigonis. © O ~a± Notice Page 2 8:30 P.M. (E.D.S.T.), upon application of Miriam Hitchcock, 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, Black; east by W. Black and H. Mattituck Creek. Mattituck, bounded north by William Krause; south by C. Ely; west by 8:45 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, $outhold, 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. NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law 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 Seuthold, at the Town Office, Main Road, Southold, 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, 306 Sixth Street, Greenpert, 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 Road; south by Land of Farmakidis and Land of Mar- dikos; west by Brown. 8:00 P.M. (E.D.S.T.), upon application of Patricia Heckar, 1116 Main Street, Greenpert, 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 has insufficient side and rear yards for dwelling. Location of Property north by Stars Road West; east by Stars Road: south ' property: west side Stars Road, East Marion, bounded north by Stars Rood West; east b~ Stars Road; south by Philip Frumenti; west by Baldess, 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, Cut- chogue~ Lot No. 16~ Map oj H.S. · Hand. 8:30 P.M. (E.D.S.T.), upon application of Miriam Hitchcock, 10 Greenway Street, Hamden, Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 3dl, the Bulk Schedule and Section 2aaa 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. 8:45 P.M. (E.D.S.T.), upon application of George Ahlecs, 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 2aaA 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 cR~ad, Seuthold, beanded ,n,o,r t h 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 5O0 B-3 and Article IV, Section 1504 l-a, for permission to Convert existing motel, known as Crescent Beach Motel, to per- manent cundomininms. Location of property: south side Main Road, East Marion, bounded north by Main Rea~l; east by Rudkoski and Dawn Estates; south by Gardiners Bay; west by Dawn Estates. Any person desiring to he 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 SUFFOLK, I STATE OF NEW YORK, ~ ss: ........ ~tu~.t...Dorman. ............ bein9 duly Sworn, says thor . .h.e.... is Printer ~d Publisher of ~e SUFFOLK W~KLy TIMES, a newsier pub~sh~ ~ G~n~rt, in ~d county; and ~at the noti~, of which ~e anne~ is ~ print~ ~py, ~s ~en published in the ~d Suf~lk W~k~ T~es once in each w~k, ~ ....... q~ ................. w~ks suc~ssively ~mmencing on ~e ....... seniti ............ ¢' ~ 3 d~ of Auc~u .... , ~197 .......~~~' ~ ~ .... z .............. : ........... S~ to ~f~e me thi~ ..~ ...... ::,,;kiWi .................... C,kS No. 52.9566350 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Pursuant to Section 267 of tile Town Law and 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 of Appeals of the Town of Southold, at the Town Office, Main Road, South- old. New York. on A~gust 9, 1973, on the following appeals: 7:45 P. M. ~EDST), upon ap- plication of Richard and Shirley Clark, 306 Sixth Street, Green- port, for a variance in accordance with the Zoning Ordinance, Ar- ticle III, Section 304, for permis- sion 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 Aquaview Avenue; east by Rocky Point Road; south by Lo, nd of Parmakidis and Land of Mardikos; west by Brown. 8:00 P. M .(EDST), upon plication of Patricla Hacker, 1116 Main Street, Greonport, for a variance in accordanre with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to con-. vert existing garage and storage te dwelling; building has insuf- ficient side and rear yards for dwelling. Location of property: west side Stars Road, East Mar- ion, bounded north by Stars West; east by Stars Road; south by Philip Prumenti; west by Balders, Weiss and others. 8:15 P. M. (EDST), upon ap2 plication of Kurt Koehler, Still- water Avenoe, Cotehogue, for a variance In accordance with the Zoning Ordinance, Article Il'I, Section 302, for permission to construct garage in front yard area. Location of property: east side Stillwater Avenue, Cut- cheque, Lot NO. 16, Map of H. S. Hand. 8:30 P. M. (EDST), upon ap- plication of Miriam Hitchcock 10 Greonway Street, Harsder Connecticut, for a variance accordance with the Zoning Or- Whitney Booth, " being duly soys dinance, Article III, Section 301, the Bulk Schedule a~d Section 280A of the Town Law, for per- mission to copstruct dwelling and divide property with insuffi- cient area and frontage, and approval of access. Location of property: right of way off Grand Avenue, Mattituck, bounded s the Editor, of THE LONG ISLAND MATFITUCK WATCHMAN, a public news- ,~d ot Southold, in Suffolk County; and that which the annexed is a printed copy, has been said Long Island Traveler-Mattituck Watch- north by William Black; east by ,ach week for ~.~ W. Black and R. Krause; south ........... by 'C. Ely; west by Mattituck Creek. , commencing on the ................. ~.~ .......... 8:45 P. ~. (EDST), UpO~ ap- ~,~ : '~' ~.~ plication of George AhZers, 250 ........ for a variance in accordance with the Zon~g Ordinance, Article 11I, ~ction 301 and the Bulk ................. ~hedule and Section of the Town ~w. for permission divide property with insufficient area and frontage and construct two dweilings, and approval of access. Location of property; right of way off south side Bay- 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), upon ap- plication of James P. Kavanagh, Main Road, East Marion, for a special exception in accordance with the Zoning Ordinance, Ar- ticle V, Section 500 B-3 and Ar- ticle XV, Section I504 l-a, for permission to convert existing motel,known as Crescent Beach Motel, to permanent condomin- iums. Location of property: south side Main Road, Eas~ Marion, bounded north by -~iain Road; east by Rudkoski and Dawn 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 BOARD OP APPEALS worn to before me this ......... .~..,~J... day of ......... , 1~01{..~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL (~ File No ........................................................ Dote ............. ........, ........ xl~ ~..~....~.~,~ ~,r2, ,.~'~ '//,~.'~'~ ............... Building Inspector TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEA, NO. / 17 TO THE ZONING BOARD OF APPEALs, TOWN OF SOUTHOLD, N. Y. I, (We).....G..e..°..~l~..e....A...h...]..e.~..~....~...u.~..Z.~..e.~ ............ of ..... .2...5..0.....C..o...x.....~.~..~..e. .......................................... Name of Appellant Street and Number ............. .(~.t~c~.q~.u~ .............................................................. ~.e.~...~..?.~..~.....HEREBY APPEAL TO Municipality 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 ( ) George Ahlere Name of Applicant for permit of 250 Cox Lane Cutchog~ New ]fork Street and Number Municipality State PERMIT TO USE ~c~ "~ k,~'i'g~ OIL PERMIT FOR OCCUPANCY Permission 2 erect 2 homes on I lot Street Use District on Zoning Map ..................... ............ 0 o 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 qu~te the Ordi*~once.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~ A VARIANCE to the Zoning Ordi~ce 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 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 is requested forthe r~sonthat The lot in question contains 78,000 sq. ft. of land almost 2 acres. We would like.2 build 2 homes aad .~ivide the lot. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunn~es- sary HARDSHIPbecau~ Due to the size of the lot and its cost it is impractical to build only ! house in this area on a lot of this size. 2. The hardshipcreotedis UNIQUE andisnotshared by all prope~ies alike in the immedia~ -vicini~ ofthis property andinthisuse district because Most of the lots in this subdivision are 1/2 acre and small~ er. This is the only parcel almost 2 acres in size. , 3. The Variance would obsewe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ All lots in this subdivision are small. These lots would ~ be larger than the existing lot size and would if anything- improve the area. STATE OF NEW YORK )  ) ss COUNTY O ) Sworn to this ................ ;. ......... ~.. ............... day o ................................... '19~3 . Notary Public TERRI LEE ELAK NOTARY PUBLIC, S~ate of New York NO. 52-6168295 ed' in Suffolk County n Expires March 30, ]9'7~''~ July 29 1975 Mr Joseph Diaz, Builder Wil~m~'~rth A~e Greenport, N.Y. Dear Sir; In an action #1817, August 30, 1973 the Board of Appe&ls granted approval of division of property - E/S of right of way off S/S Main Bayview Road ( formerly part of Koke oroperty) & south of Robt ~lemens for t~o b-~ ' ~ ~ ~.~,.,~ lo,s.t.~e ncrth~r~.y lot to be 208 ft_+ on right of way and 115 ft ~ deep. the balance of property to high water mark of Core~' ~ ~' ~ '~=':'~' to be one lot. Trusting this infromation will be helpful Building Im re: Applicatiem ef Geerge A~lerl, builder, for a variance im accordaace with the zomi~g erdimamce, Article B, Sec. BO1 amd the Bulk Schedule, amd Sectiem ef the Tewm Law, fer permieliem te divide preperty with imaufficiemt area amd fremtage amd cemetruct twe dwellimg~, amd appreval ef acceae allecatiem ef preperty. We, the umdermigmed, hemeewmere imthe vicimity ef the preperty fer which the abeve hearimg ie te be held, urgemtly re~ueat that the abeve petitiem be demied, fer reameme, amemg ethers, am fellewm: 1. T~e erigimal map metm ferth thia mite aa eme let, muitable fer eme dwellimg. Thim mheuld me remaim. The later acquired a~ditiemal mamd~.¢illed-im area mheuld met mew be cemmidered am a~ditiemal buildimg area, amd mheuld met be a facter im determimimg er chamgimg zemimg. 2. T~e rural atmemphere which the prememt preperty ewmera aeug~t lm purehamimg their preperty mheuld met mew be further dimturbed by dewm zemimg w~at wa, a very gemereum decimiem em the part ef the Tewm te allew theme eximtimg Imall plet, te mtamd am they were umder the eld map,. 3. T~ere are mevem a~dl$iemal dwellimgm plammed fer thim eme-read area, which will aleme merely tax the eximtimg water ri~mt ef way, mew mhared by the mamy hemem already cem, trueted. 4. The eld zemimg mmder the eld maF im me far mhert ef the prememt eme-acre mimimum declared deairable by the Tewm, that me further dewm zemimg mheuld be permitted. 5. The ,ewarage preblemm imvelved weuld be everwhelmimg im heumimg me cleme te the bay, amd weuld a~vermely affeet eximt- imgdwellimg,. 6. ~ae imgremm amd egresm em the private rea~ leadimg lmte thim area frem Bayview Read will barely bear the bmrdem ef the mew- cemtemplated a~ditiemal buildimg. Amy additiemal dewm-zemimg wemld harmhly affeet traffic patteru, em thim rea~ amd emte Bayview. ~ Om gemeral ecelegical greumdm, at thim mtage im the himtery everere~, imm,,~e~emt area amd fremtage mhe~ld be emfficiemt .,'( -.j D