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HomeMy WebLinkAbout1748 TOWN OF ~OUTHOLD, NEW YORK ACTION OF THE ZONinG BOARJ) OF APPEALS Appeal No. 1748 Dated March 28, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF TPI~ TOWN OF SOUTHOLD To Jules Adriaenssens 1225 August Road North Babylon, New York DATE ..A.~..r_.i...1..._.l..9, 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 ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~ ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution 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 Inspector ( ) be reversed ( ) be confirmed because 8:35 P.M. (E.S.T.), upon application of Jules Adriaenssens, 1225 August Road, North Babylons New York, for a variance in accordance with the Zoning Ordinance, .Article III, Section 303 and Bulk Schedule, for permission to construct dwelling with insufficient setback or rear yard. Location of property: north side Lupron Point Road, Mattituck, bounded north by Elmer Ruland, Jr.; east by T. Dougherty; south by Lupron Point Road; west by Elmer Ruland, Jr. Fee paid $1~.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produee hardship because SEE KEVERSE practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all prepe~ies alike in the immediate vicinity of this property and in the same use district because SEE P. EVERSE (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 granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ) be denied and FORM ZB4 After investigation and inspection the Board finds that applicant requests permission to construct dwelling with insufficient setback or rear yard. The findings of the Board are that it would be preferable to move the location of the house forward thereby increasing the size of the backyard. There would be no change in the character of the neighborhood as many of the homes are built close to the road. 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-a~d 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 Jules Adriaenssens, 1225 August Road, ,North Babylon, New York, be GRANTED permission to construct dwelling with insufficient setback or rear yard, subject to the following conditions: 1. That the rear yard (after construction of the house) shall be at least 25 feet deep. 2. That the front yard shall not be diminished any more than is necessary to furnish a 25 foot rear yard. 3. That the house shall be placed lengthwise, the long dimension being parallel to the road. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. © O Legal Notice Page 2 8:15 P.M., (E.S.T.), upon application of William E. Worthingt Sound Avenue, Mattituok, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C5, and Article III, A 2(c), for permission to construct stable and keep horse with less than required area. Location of property: south side of Sound Avenue, Mattituck, bounded north by Sound Avenue; east by E.R. Johnson; south by Jack Driscoll; west by Jack Driscoll. 8:35 P.M., (E.$.T.), upon application of Jules Adriaenssens, 1225 August Road, North Babylon, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to construct dwelling with insufficient setback or rear yard. Location of property; north side Lupton Point Road, Mattituck, bounded north by Elmer Ruland, Jr.; east by T. Dougherty; south by Lupton Point Road; west by Elmer Ruland, Jr. 8:45 P.M., (E.S.T.), upon application of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 BS, for permission to operate farm labor camp; location of property: south side Main Road, Orient, bounded north by Main Road; east by Tarry Estate; south by Terry Estate; west by Edward Latham. 9:00 P.M., (E.S.T.), upon application of Frank Knispel, Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance Article V, Section 500 B and Article VIII Section 800 B, for permission to erect four 3'~I mo~J o ~o! e p~ .~q sera p NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southuld, 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 April 19, 1973, on ~be following appeals: 7:45 P.M., (E.S.T.), upon application of Eugene D. McElroy, 465 Topsail Lane, Soutbuld, New York, for a variance in accordance with the Zoning Ordinance, Bulk Schedule, for permission to construct attached garage with insufficient side yard. Location of property: east side Topsail Lane, Southold, Lot No. 43, Map of Leeward Acres, Southold, New York. 7:55 P.M., (E.S.T.), upon application of Archeological Association of New York, Main Bayview Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article IH, Section 300C 6(f) and Article XI, Section 1100, subsection 1, for permission t.o erect off premises directional sign on property of Southeld Bayview Corp. Location of property: corner of Main Bayview Road and Route 25, Southeld, New York. 8:05 P.M., (E.S.T.), upon application of Elsie Mastreaimone, 355 Riviera Drive, South Massapequa, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 301 and Bulk Schedule, for per- mission to divide Property with insufficient area and frontage. Location of property: east side o! Inlet Lane Extension (private road), Greenpert, bounded north by M. MastrosLmone; east by Gull Pond; south by Carl Schaub; west by Private Road. 8:15 P.M., (E.S.T.), upon appl/catien of Wffiiam E. War- thin~ton, Sound Avenue, Mat- truck, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 300 C5, and Article III, A 2(c), for permission to construct stable and keep horse with less than required area. Location of property: south side of Sound q~ ~ o~ Avenue, Mattituck, bounded ! Al~U~ot north by Sound Avenue; east by lpun~l E.R. Johnson; south by Jack ~l~,~s,,iu Driscoll; west by Jack Delecoll. q~ le 4a.~ ann~P.M., (E.S.T.), upon Babylon, New York, for 'a r*j ~ var/ante in accordance with the q~to Zoning Ordinance, Article III, os~t Socfion 303 and Bulk Schedule, ~ l~d for permission to construct u~ dwelling with insufficient setback or rear yard. Location of all~ property: north side Lupron p~I Point Road, Malt/tuck, betmded o ' north by Elmer Ruland, Jr.; east aox. by T. Dougherty; south by :~t Lupton Point Road; west by m~ Elmer Ruland, Jr. o'. 8:45 P.M., (E.S.T.), upon application of Lloyd Terry, Main ~ Road, Orient, New York, for a ~ special exenptienin accordance )e with the Zoning Ordinance, )~ Article III, Section 300 BS, for :I permission to operate farm labor ~ camp; location of property: south side Main Road, Orient, b boanded north by Main Road: COUNTY OF SUFFOLR, ] STA'I-~: OF NEW YORK, ~ ss: ........ ~a~'~. ~,. }~.c~.~a~ .............. being duly Sworn, s~s ~at .. ~... is Printer ~d Publisher of ~e SUFFOLK W~KLY TIMES, a news~r pubU~ ~ G~n~rt, in s~d count: and ~ thP noun, of which ~e ~e~ is u print~ ~py, ~s ~en published ~ ~e ~d Suf~lk W~k~ T~es once ~ e~ch w~k, ~ o~e suc~siv~ly ~mmencing on ~e twelfth d~ of ~oril 19.~. Sworn to be?re m~ this ~.~.'. ~' day of -:'-" "-~- . 1~' JOSEPH h. TOWNS[ND, JR. NOTICE OF HEARINGS Pursuant to Section 267 of Town Law and the provision~ J the Amended Building Zone Oi:- dniance 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, SOutho!d. New York. on April 19, 1973, on the following appeals: 7:45 P. M., (EST), upon appli- cation of Eugene D. McElroy, 465 Topsail Lane, Southold, New York, for a variance in accord- ance with the Zoning Ordinance, Bulk Schedule, for permission to construct attached garage with insufficient side yard. Location of property: east side Topsail Lane, Southold. Lot No. 43, Map of Leeward Acres, Southold, New York. ?:55 P. M., (E~T), upon ~tppli- cation of Areheclogtcal Associa- tion of New York, Main Bayview Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance. Ar- ticle III, SeCtion 300 C 6itl and Article l~I. Section 1100, subsec- tion I, for permission to erect off premises directional sign on proper~y of Southold Bayview Corp. Location of property: cor- ner of Main Bayview Road and Route 25, Southold, New York, g:0$ P. M., (EST), upon appli- cation of Elsie Mastroatmone, 355 Riviera Drive, South Massapequa, New York, for a variance in ac- cordance with the Zoning Ordi- nance, Article ~'I, Section 301 and Bulk ~chedule~ foe permis- sion to divide property with in- sufficient area and frontage. Lo- cation of property: east side of Inlet Lane Extension (private road), Oreenport, bounded north by M. Mastresimone; east by Gull Pond;south by Carl Schaub; we~t by Private Road. 8:15 P. M. (EST), upon appli- ton, Sound Avenue, Matlituck, for a variance in accordance with the Zoning Ordinance. Article III, Section 300 C5, and Ad.title IlL I 2(c), for permission to cor~struct stables and keep horse with less than required area. Location of property; south side of Sound Avenue, Mattituck, bounded north by Sound Avenne; east by E. R. Johnson; south by Jack Driscoll; west by Jack Dris- S:35 P. M., (EST), upon appli- cation of Jules Adri~enssens. 1225 August Road, North Babylon, New York, for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Section $03 and Bulk Schedule. for perm~s- sion to construct dwelling with insufficient setback or rear Sard. Location of property; north side Lupton Point Road, M~ttituck, bounded north by Elmer Ruland/ Jr.; east by T. Dougherty; south by Lupron Point Road; west by Elmer Ruland, Jr. 8:45 P. M.. CESTL upon appli- cation of Lloyd Terry, Main Road, Orient, New York, for a sPecial exception in accordance with thc Zoning Ordinance, Article III. Section 300 Bg, Ior permission to oPerate farm 1abm. camp; loca- tion of property: south side Main Road. Orient, bounded north by Main Road; east by Terry Estate; south by Terry Estate: west by Edward Latham. COUNTY OF SUFFOLK / STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK 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 Treveler-Mattituck Watch- man once each week for ........ ~..~/~.~...(.../....,~... week~/ successively, commencing on the ............. .~....~.. ................. day of .......... ~.., 19/.f7.~.. Sworn to before me this ....... ff...~. ....... day of ADELE PAYNE Notary Pu!:Hc, StaLe of New Yot~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL To ~,'~..!..L...'~......~.: .~...~ ................. .......................... ,",~ ...... '~"'x' ...... ~.~.'.~....~: ...................... ~or~erm,, ~.o construct.....~..~..~....., ........ ot t~e prem,~es 'ocoted o~ ....... :~..-f... ..................... Mop ........... .Y.. ......................... Block ..........~...........................Lot. ....~... ................................ is r:t'-':'.-.:~ h~.;r.,;:::, .z.:,J disapproved on the fo lowing grounds ,~.'-x~ ~ U ~ ~..c' ~ Building Inspector / TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ,We~ ...~..~.~.~..Ab...i..~.~.~.~.~,.o, ..... !~..~.~..~..~...~..~.~.*......~.' ......... Name of Appellant Street and~l~mber ....................................... ....... Municii~ality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUI~DI~N~ INSPECTOR ON ..................................... ......... ...................... WHEREBY THE BUILDING INSPECTOR DENIED TO Nom~e of Applicant for permit of ...~..;~.a.s.....~.~.~.~.~.~....~,.t~.,.C~.~.~.t~.~ ....... .~.....q.. ............ Street and Numbs3 /~unicipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANC/Y/ ,. LOCAT'ON O~ ~,E PROPER~.~.~..~.0*..~.Z~...~..~..~.::..'.~*.~' ~ ' ~''' ........... ~,.....~.~',?.., Street Use t~,strict on ~oning ~ap Mop 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 Ordi,nance.) 3. TYPE OF APPEAL Appeal is mode herewith for ( ~' 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. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (4~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppea~ 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 ) ~s requested for the reason that l~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 0 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) COUNTY OF ~-g,a\~ ) SS Sworn to this ............. ..~...~. ........................ day of ............. ~.~'~,..~,.~ ............... 19 ~/3 Notary Public TERRI LEE El. AK NOTARY PUgLIC, State of New Yorl~ No 52 61622§5 Qualified in Suffolk County ~rmnis$ioll Expires March 30, i§ '71-/ CONSULT YOUR LAWYER BEFORE SIGNI~JG THIS INSTRUMENT--THIS {NSTRUMENT SHOULD BE USED DY LAWY: TH~INDEl~R'E, madethe~7~'~dayof November ,nineteenlmndredand seventy-~ BETWF. Y~J~ABPdkHAM BENDER, residing at 21 Arista Drive, Dix Hills~ New York , o[ the first part, and JULES ADRIAENSSENS and DORIS ADRIAENSSENS, 'his residing at 1225 August Road, North Babylon, New York 11703, party of the second part, S¥1'rNF..SSETH, that the party of the first part, in consideration of TEN ($10.00) .......... ......................................................... dolk lawful money of the United States, P By the party of the second part, does hereby grant and release uoto the party of the secoo( part, the heirs succes~rs and assigns of the party of the second part forever, PARCEL I ~I.I. that ce~aln plot, piece or parcel of land, with the huildlngs and improvements thereon erected, sittm lying and ~ing~ at ~ttttuck, in the Town of Southolfl, County of ~ and State of New York, in the area of Mattituck known as Lupton' Point, and more particularly bounded and described as follows: BEGINNING at a monument on the northerly line of a 20 foot right way leading easterly from Marratooka Road, said monument being a ~20 feet easterly alone said northerly line from the easterly li of said Marratooka Road and being also at the southwesterly coro of other lands formerly of Walter C. Grabie, from said point of ning running along said northerly line of said 20 foo~ right of North 73 degrees 28 minutes 50seconds West 27%.70 feet to a monu and lands now or formerly of Ruland; thence along lands now or f of Ruland, North 78 degrees ~7 minutes l0 seconds East 259.93 fe other lands of Walter C. Grabie, and the westerly line of a 15 f right of way; thence alone said westerly line of said 1% foot ri way and lands of Walter C. Grabie~ South ~ degrees 03 minutes 30 seconds East 129.80 feet to the point or place of BEGINNING. PARCEL II All that certain plot, piece or parcel of land, situate, lying a being at Xattituck, in the Town of Southold, County of Suffolk a State of New York, in the area of ~,~ttituck lmown as Lupton's Po and more particularly bounded and described as follows: BEGINNING at the point of beginning of Parcel One? hereinabove described and running along the southerly line of said Parcel On being along the northerly line of said 20 foot right of ~my, Nor ?~ degrees 28 minutes ~0 seconds West 275.70 feet; thence on the direct extension southerly of the northerly line of said Parcel ~ North 78 degrees ~7 minutes l0 seconds East 18.7% feet, more or : to the center line of said 20 foot right of way; thence along sa center line, South 73 degrees 28 minutes 50 seconds East 295.~5 ~ more or less; thence on the direct extension southerly of the ea~ line of said Parcel One, North ~ degrees 03 minutes ~0 seconds W~ 10.68 feet to the point of BEGII~;ING. Subject to survey variations. Subject to rights and easements of others, in,~to ~nd over any a~ right of ways v~ich lie between the bounds of premmses herein. RALPH MIGNOrNE.' ARCHITECT ONE FARMINGDALE ROAD BABYLON, NEW YORI~ RALPH MIGNONE ARCHITECT ONE FAR~INGDALE ROAD BABYLON, NEW YORK RALPH M GNONE ARCH I T E C T ONE. FARtVlINGDALF- ROAD BABYLON, NEW YORK ~ rr~' RALPH MIGNONE ARCHITECT ONE FARIVilNGDALE ROAD BABYLON, NEW YORK !, WIAP OP SURVEYED