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Home My WebLink About1813 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1813 Dated July 10, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Richard and Shirley Clark 306 Sixth Street Greenport, New York 11944 Appellant at a meeting of the Zoning Board of Appeals on August 9, 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 for a variance to the Zoning Ordinance ( ) 1973 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~beeeuse 7145 P.l~i. (E.S.T.), upon application of Richard and Shirley Clark, 306 Sixth Street, Greenport, New York, 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 propertyl east side Rocky Point Road, south side Aqua View Avenue~ east by Rocky Point Road~ south by land of Farmakidis and land of Mardikosj west by Brown. Fee paid $15.00.. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) ~)roduce practical hardship because SEE REVERSE di/ficulties or unnecessary (b) The hardship created (is) (is not) umque 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) chan~e 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 FORM ZB4 ) be denied and ?ROVED ,EO~NG B~. ARD OF AP~ ---... , _~jor~e ~cDermott, Secretly ~~[ Southold To~ Bo~d of Appeals After investigation and inspection the Board finds that applicant requests permission to construct dwelling with less than average setback on the east side of Rocky Point Road, East Marion, New York. The findings of the Board are that applicant has a severe hardship caused by an unusually low area on this lot. 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, Richard and Shirley Clark, 306 Sixth Street, Greenport, New York, be GRANTED permission to construct,dwelling with less than average setback on the east side of Rocky Point Road, East Marion, New York, as applied for, subject to the following conditionsl That dwelling be constructed no closer than 50 feet to Aqua View Avenue,~and no closer than 25 feet to Rocky Point Road. That applicant shall furnish an area exiting from his garage of at least 30 feet to provide room for turning his car and to avoid backing out on to Aqua View Avenue. 3. That this permission is subject to the approval of the Building Inspector. Vote of the Board, Ayes,- Messrsl Gillispie, Bergen, Hulse, Grigonis. 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, Euffolk 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 ~ugust 9, 1973, on the following appeals: 7:45 P.M. (E~D.S.T.), upon application of Richard and~Shirley Clark, 306 Sixth Street, Greenport, 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, b~unded north by Aquaview 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~umenti; 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 H. S. Hand. ~gal 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, 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. (E.D.S.T.), upon application of George Ahiers, 250 Cox Lane, Cutchogue, New York, for a variance in accordance with the Zonlng 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. Locatlon of property: right of way off south side Bayview Road, Southold, bounded north by C19mens; 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, bouDded north by Main Road; east by Rudkoski and Dawn Estates; south by Gardiners Bay; west by Dawn Estates. COUNTY OF SUFFOLK / STATE OF NEW YORKI ss: NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law a-'id 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 August 9, 1973, on tile following appeals: ~ ~: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 IH, Section 304, for permis- sion to construct dwellin~ 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 Land of Parmakidis and Land of Mardtkos; west by Brown. ~ 8:00 P. M .(EDST), upon ap- plication of Patricla Hecker, 1116 Main Street, Greenport, for a variance in accordance with the Zoning Ordinance, Article ICI, Section 301 and the Bulk Schedule for permission to con- vert existing garage and storage to dwelling; building has insuf- ficient side and rear yards for dwellhn~. Location of property: west side Stars Road, East Mar- ion, bounded north by Stars Road West; e~zt by Stars Road; south by Philip Frumenti; west by Balders, Weiss and others. 8:15 P. M. (EDST), upon ap~ plication of Kurt Koehler, Still- water Avenoe, Cotchogue, for a variance in accordance with the Zoning Ordinance, Article IYI, Section 302, for permission to construct garage in front yard area. Location of property: east 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 II1, Section 301, the Bulk Schedule and Section 28gA of the Town Law, for per- mission to construct dwelling and divide property with insuffi- cient area and frontage, and ~pproval of access. Location of property: right of way off Grand Avenue, Mattituck, bounded north by William Black; east by C. Whitney Booth, Jr., being duly sworn, says is the Editor, of THE LONG ISLAND -'R - MATTITUCK WATCHMAN, a public news- inted at Southold, in Suffolk County; and that ; of which the a,nnexed is o printed copy, has been two dwellings, and approval of tccess. Location of property: 'ight of way off south side Bay- few Road, Southold, bounded ~orth by Clemens; ca.st by Bay- qiew Development Corp.; south by Corey Creek; west by right of way. 9:0~ P. M. (EDST), upon ap- plication of James P. gavanagh, 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 1504 l-a, for permission to convert existing moteLknown as Crescent Beach Motel, to permanent condomin- iums. Location of property: south side Main Road. Eas~ Marion, bounded north by Main Road; east by Rudkoski snd Dawn Estates; south by Oardiners 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 Swor/n~o before me this ................. day of ...... ...... , W. Black and H. Krause; south J in said Long Island Troveler-Mottituck Watch- Creek. e each week for ........... weelgr' 8:45 P. M. ,EDST,, upon ap- ~-....~.. plication of George Ahlers, 250 . Cox Lane, Cutchogue, New York, 9~¥, commencing on ~he ......................... for a varianee in accordance with .~f the Zoning Ordinance, Article .......... III, ~ction 301 and the Bulk ~hedule and Section of the Town Law, for permission divide property with imufficien~ .................... .... area and frontage and construct 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 Soutbeld, at the Town Office, Main Road, Suuthold, New York, on August 9, 1973, on the following appeals: ~m~ 7:45 P.M:' (E.D.S.T.), upon application of Richard and !Shirley Clark, 306 Sixth Street, Greenport, 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-J dikos; west by Brown. _ J 8:00 P.M. (E.D.S.T.), ~ application of Patricia Hecker, 1116 Main Street, Groenport, for a variance in accordance with the Zoning Ordinanea, Article III, Section 301 and the Bulk Schedule for permission to convert existing garage and storage to dwelling; building has insufficieni 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 Road West; east by Stars P~ad; s*uth by Philio Frumenti; r COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: .......... $1:~12~'~..Do. Ema~ ........... being duly Sworn, s~s that .. ~.. is Printer and Publisher of ~e SUFFOLK W~KLY TIMES, a news~per pubBsh~ ~ G~n~rt, in s~d county~ and ~at the noti~, of which ~e anne~ is u print~ ~py, ~s ~en published in .the ~d Suf~lk W~ Times once in e~ch w~k, ~ ......... ~.D~ .............. w~ suc~siv~ly ~mmencing on ~e ....... s~c~nd ............ d~ of ...... ~g~~ ~..~ ~ ~.~.~ ~ ............................ Sw~ to ~e me this ...~-. ..... / · .............. ~/ ' NOIA~Y PUBUC OF NEW Yo~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Building Inspector / TOWN OF SOUTHOLD, NEW YORK APPEAL I~ROM DECISION OF BUILDING INSPECTOR TO THE ZONfNG BOARD OF APPEALS, TOWNOF SOUTHOLD, N.~Y. APPEAL NO. DATE. ......,.~.l.~.....l.0..,....1973 kx(We) ,..Ri~hard,.&..Shi=le.~..clark ....... of ..3.O6m6.th...S.tre~: ......... ~ ............................ Nome of Appellon~ Street and Number ........ G~een~o~.b ................................................................... ~...~9.K~.....HEREBY APPEL TO Municipali~ State APPLICATION FOR PERMIT NO ....................... DATED. ~.~.~ Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY .Bo..q..k~....~.o..~..D..t.....~..a.,:.;.....~.....A.~A.a.v..i..e...~. ........ ."..A.:!....D...&.~..~.~i. qt Street Use District on Zoning Map ...... ~. .................................................. .~ ................. East Marion Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED ( ndicate the Article Section, Sub- ~ection and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 304 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 ~. PREV OU.S APPEAL A previous appeal (~f~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for e special permit ( ) request for a variance ana was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ~ ) A Variance to Section 280A Subsection 3 (×=f A Variance to the Zoning Ordinance (, ) i~ requested for the reo~on that the land drags off some 13 feet making the very costly if not impossible. placement of a foundation (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sanl HARDSHIP because The land drops off some 13 feet and this would make placement of a foundation very costly ~ not impossible. 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 the other land arou. na us does not drop off as our property does. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this is a side of the house setback and not a front yard one. The placement of the house would not interfere with the corner of the property. STATE OF NEW YORK ) COUNTY OF SS Signature Notary Public T~,~ ~EE ELAK NOTARY PU~j~-iC~, State of Ne~ ~o~ ~ion Expir~ ~arch ~, t9 3~ F .> MAP o1~' LAND Tow t,,4 oF- CLAI:2K ~ODT~OLB, M~