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HomeMy WebLinkAbout1805 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1805 Dated June 15, 1973 ACTION OF THE ZONING BOARD OF APPEALS O1; THE TOWN OF SOUTHOLD To Helen Chizzini Mt. Beaulah Ave. Southold_. New York at a meeting of the Zoning Board of Appeals on July 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 (X) Request for a variance to the Zoning Ordinance ( ) DATE..~uly....19, 1973 Appellant 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 Zonin~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed beeause~ ~:30 P.M. (E.S.T.), upon application of Helen.Chizzini, Mt. Beu±an Av. enue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and the Bulk Schedule, for permission to divide property with less than required are.a and frontage. Location of property: east side. of Mt. Beulan Avenue, Southold, bounded north by C. W. Booth~ east by C. W. Booth; south by C. W. Booth; west by Mt. Beulan Avenue. Fee paid $15.00. 2. VARIANCE. By reselution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (~ not) unique and (would) alike in the immediate vicinity of this property and in the same use districz because SEE REVERSE (c) The variance (does) change the character of the district because (would not) be shared by all properties (does not) observe the spirit of the Ordinance and (would) (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Buildln~ Inspector ( ) be confirmed ( ) be reversed. FORM Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests p~rmission to divide property with less than required area and frontage on the east side of Mt. Beulah Avenue, Southold. The findings of the Board are that applicant is the owner of approximately one and one third acres of property which she wishes to divide into two parcels of approximately 28,440 sq. ft. each. The Board does not have the power to change the Ordinance, as revised in 1971, which requires 40,000 sq. ft. as a minimum plot. The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does not obserge the spirit of the Ordinance and will change the character of the neighborhood. THEREFORE IT WAS RESOLVED, Helen Chizzini, Mt. Beulah Avenue, Southold, New York, be DENIED permission to divide property with less than required area and frontage on the east side of Mt. Beulah Avenue, Southold, for the reasons stated. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. LEGAL NOTICE 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 July 19, 1973, on the following appeals: Mr. with the Schedule required Mt. Beulah C.W. Booth; 7:30 P.M. (E.D.S.T.), upon application of Helen Chizzini, Beulah Avenu¢,Southold, New York, for a varaince in accordance Zoning Ordinance, Article III, Section 301 and the Bulk for permission to divide property wi~h less than area and frontage. Location of property: east side of Avenue,Southold, bounded north by C.W. Booth; east by south by C.W. Booth; west by Mt. Beulah Avenue. 7:40 P.M. (E.D.S.T.), upon application of Dante V. and Evelyn Morel, Bayvlew Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area and frontage. Location of property: Lots ~i, 2, 3 and 157, Map of Cedar Beach Park, Southold. 8:00 P.M. (E.D.S.T.), upon application of John Divello, Sound View Avenue, Mattituck, 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: north side Sound View Avenue, Mattituck, bounded north by Long Island Sound; east by R. Mowery; south by Sound View Avenue; west by Casbor Inc. (park). Legal Notice Page 2 8:10 P.M. (E.D.S.T.) , upon application of Ray Alexiadhes, Soundv~few Avenue, Southold, (Meadow Point Properties), for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide pr~pert with less than required area and frontage. Location of property: north side Soundview Avenue, Southold, bounded north by Long Island Sound; east by Couloucoundis; south by Soundview Avenue; west by B. Thompson. 8:25 P.M. (EoD.S.T.), upon application of Dalchet Corporatio~ Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article Iil, Section 301 and the Bulk Schedule for permission to set off existing dwelling on lot with insufficie~ area and frontage. Location of property: south side Main Road, Cutchogue, bounded north by Main Road; east by Dalchet Corporation south by Daichet Corporation; west by Dalchet Corporation. 8:35 P.M. (E.D.S.T.), upon application of Philip and Claire Dietz, Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area and frontage. Location of property: west side Pequash Avenue, Cutchogue, bounded north by North Cross Road; east by Pequash Avenue; south by Edward Harvey; west by R. and S. Lajda. 8:50 P.M. (E.D.S.T.), upon application of Carl's Mobile Homes, 650 East Main Street, Riverhead, for a variance in accordan¢ with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission ~o const~u~t3dwelling with reduced setback from road. Location of property: one-half lot ~49 and all ~50 and 51, Map of Garden Heights, Mattituck; west side Mary's Road and East side Oak Place. Legal Notice Page 3 9:00 P.M. (E.D.S.T.), upon application of Evelyn Swisky, Bayview Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide property with less than required area and frontage and for a variance in accordance with Section 280A, Subsection 3 of the Town Law for approval of access. Location of property: north side Bayview Road, Southold, bounded north by West Creek; east by E. Mullen and others; south by Bayview Road; west by Paul Obre and wife. 9:10 P.M. (E.D.S.T.), upon application of James H. Pratt, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance Bulk Schedule for permission to erect loading bin with silo in excess of 35 feet in height. Location of property: west side Cox Lane, Cutohogue, bounded north by McBride; east by Cox Lane; south by L. B. Glover; west by L. B. Glover~ Ahy person desiring to, be heard on the above applications should appear at the time and place above specified~ Dated: July 6t 1973 BY ~ORDER OF THE SOUTHOLD TOWN BOARD 'OF APPEALS PLEASE~PUBLISH ONCE, July i2~ t973~ AND FORWARD AFFIDAVITS i OF UUBLICATION TO THE SOUTHOLD TO~N BOARD OF APPEALS~ -MAIN ROAD, SOUTHOLD, NEW YORK, NOTICE OF HEARINGS ~. LEGAL NOTICE Pursuant to Section 267 of Town Law and the provisions O~leonired area and frontage and the Amen. deal Building Zone ~r~a variance in accordance with Ordinance of the Town of ection 280A, Subsection 3 of the Southold, Suffolk Coonty, New own Law for anl~oval of access York, public hearings will beheld ocation of pr~'~p~· north sid~ by the Zoning Board of Appeals oi ~yview ~Road, ' Southold, the Tewu of Southold, at the Tovn~ Office, Main Road Southold followiu~ appeals: ~ 7-30 PM (EDST) upor · ~ ':..........E.~...): .u~_.q D:~o P.M. (Z.V.S.?.), upon appncauon o! ~eion t~,=~m, m~ licetion of Jaraes H. Pratt, Beulah Avonue, Southeld, New ! Avonue, Cut.chogue: New York, for a variance in ac. ~k, for a variance m ac- coedance with the Zoning Or-' :dance with the Zoning Or- dinance, Article HI, Section 301 and the Bulk Schedule for per- mission to divide property with less than required area and frontage. Location of prope~ east side of Mt. Beulah Avonue, Sonthold, boanded north by C.W Booth; east by C.W. Booth; soutt by C.W. Booth; west by Mt ance Bulk Schedt/le for per- ~sion in erect leading bin with ~ in excess of 35 feet in height. :ation of property: west side ~h by McBride; east by Cox me; south by L.B. Olovar; west ,L.B. Olovar. my person desiring to be heard Beulah Avonue. ~ he above applications should 7:40 P.M. (E.D.S.T.), upon ~ at the thne and place application of Dante V. and '¥e specified. Evelyn Morel, Bayview Road, ed:' July 6, 1973 Southeld, for a variance in ac- BYORDEROFTHE c.ordance wi.th the Zon~or~ 'i SOUTHOLDTOWN ~d/mu~;~ 1~J12 '~ ~BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ..... .S.~U~..~.t;..C.,....D~...r~a..l~ .............. being duly Swo says that ...h.e... is Printer and Publisher of the SUFFO WEEKLY TIMES, a newspaper published ~t Greenport, in s county; and that the notice, of which the annexed is u prin copy, has been published in the su/d Suffolk Weekly Ti, once in each week. f~r . . q~..w.~.e.k. ............... ~-.-- successively oommencing on ~he . .1.2..tz.h..o..~..J..u.].y. ...... Sworn to before me this .. dayof /'~ ~ . 19.~.~..'1 JOSEPH ~. TOWNSEND, JR. Article IlL ~ection 301 and the divide ~property Wttil~de~s than required area alld frontage. Lo- catl0rl of property: eest side of ~ounded.porth by C. W, Booth; plieation of Dante V. and Evelyn ]Bulk /Schedule far permisstop to divide property with.les~ than re. S.'00 P. ~. (EDit), upon a!~: Section 302' for permission to area, Location of property: north a 'rationes in accordance with off existtog d~welling on lot with Location of property: south side c~tion of pr~lpellty: ~vest side oequa¢' Avenue, Cutchogue, ~dt ~h by North south by ~w~d ~ey; west by R. ~d & ~jda. pli~tion of CarVs Mobile Homes, f~ a v~i~ce in ~o~ce ~th t~ Zo~ Or~, Arti~e IH, Sect~n 301 ~d the B~k ~h~ule for ~n to con- ~ct dwell~ ~th reduced ~tback ~om r~. ~a~on of F SUFFOLK NEW YORK ss: Whitney Booth, Jr., being duly sworn, soys ,s the Editor, of THE LONG ISLAND - MATTITUCK WATCHMAN, a public news- ~orn to before me this .......... ~...~.. ...... day of ...... ......... ......... ed north by West Creek: east by E. Mullen and others; south by Bayview Eomt; west by l:~ul Obre and wi/e, 9-A0 P. M, (E~ST), upon ap- plication of James H. Pratt, Be~ Avenue, Cutcllo~ue, NeW York, for a variance In aecerdallce with the zoning Ordlllance' Bulk SchedUle for permission to erect loading bin with silo in excess of 35 feet in helghL Looation of property: west side Cox l_~ne, Cutchogue, bounded north by McBitde; ea~ by Cox Lane: south by L. B. Gl0ver; west by L. B. (}lover,.. Any person desiring to be .heard on the above applications should appear at .the time and place above specified, Dated: July 6, 1973 BY ORDER OF THE SouTHOLD TOWN BOARD O1= AppEALS property:0ne-half lot No. 49 and all NO. 50 and 51, Map of Oarden ed at Southold, in Suffolk County; and that Heig.h,.t~,, l~.~ttittwk; west side Mar~s ~ and east side oak )f which the annexed is a printed copy, has been t~lae~, n said Long Island Zraveler-Mattituck Watch- 9:00 P~ 'M. (EDSTL upon al~- once in a~:cordance with the Zon~ n ln~ Or, inane, Article Hr, Sec- ,, commencing 0 the .............. .ff..~.. ................ · ti0n ~01 for permalon to divide ~ -~, / ,-) / ,-~ once w,,h 280A. S{lhsection ~ of the Town Law for approval of ncce~. Lo- . ....................... :csitien o! property: north side Bay~lew.~[. ~ou~hold, bound- TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL ~r1 ~~.~ ....... ~.../.: ............ PLEASE TAKE NOTICE that your opphcot~on' ' doted ............... ~:L~...~...J.,~ ......... IC)..~..~. fqr permit, to cr~m-~ee .~.~...J,-~,.....at the premises Ioc~~..~ ........ ~..¢ ......... Map ~ Block ~ Lot ........ /'~ ................................... is -~ ~ "-~ . ~ z:d Jisapproved on the foJlowing grounds ...... /..~.~....~,~.....~ ...... ...... ~i~..~....~...~..~..i .......... ¢.....~~~...~....~ ..... [~uil~ing Inspectokr TOWN OF SOUTHOLD, NEW YORK APPEAL E~ROM ,DECISION OF BUILDING INSPECTOR APPEL NO. /~ ~ TO THE ZeN lNG BOARD OP API~EALS, TOWN OF SOUTHOLD, N. Y. ~ · ' · .,~f:, ..-..,......~..- I. (~ ~..~ ./.~.~'~......C.~.~'..~..~.! ..................... of .............................. ~z.M.~. ............................. Name of Af)ldellcmt Street and Number ..~..~.~..~'r.k~.L ..~... .......................................................... Municipality .... ~'~ .......... HEREBY APPEL TO ,~HE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL~,I,~ INSPECTOR O.N PPL,CAT,ON PeR PERM,T NO ..................................... DATED ............... ........... WHEREBY THE BUILDING iNSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .Z~..,/~.,...~.~.~./.~...AI....~..,.¢.: ........................... ~. ....... ..~.4.~....7~. ......... Street Use District on Zoning Map '1 '/~'~"~Z ........................................ E~;~"~Z .............. 2. PROVISION (S) OF THE ZON,NG ORDINANCE AP. PEALED (Indicate the Article Section, Sub~ section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance) ~ ~_~-, ~'~ See, 3~I 3. TYPE OF APPEAL Appeal is made 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. Laws Art. 16 Sec. 280A Subsection 3 m PREVIOUS APPEAL A previous appeal (4,,~-} (has not) been made with respect to this decisior of the Building Inspector or with respect to this prooerty. Such appeal was ( ) request for a special permit ( ) request for a variance ~nd was made in Appeal No ................................. Dated ...................................................................... ( I REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ ~.,~ ~,7~//4~/',~r,~ 7~,~~'~4:c, ~~ 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 ' COUNTY OF~Z~J~"f/~ Sworn to this .......... Signature :~(,j /-~' day~.....L.?'. Z } 19 Notary Public