Loading...
HomeMy WebLinkAbout1796 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1796 Dated May 29, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF TIIE TOWN OF SOUTHOLD To Main Road Soutkolds. New York at a meeting of the Zoning Board of Appeals on Jtme, 28 s 1973 was considered and the action indicated below was~ taken on your ( ) Request lot variance due to lack of access to property ( ) Request lot a special exception under the Zoning, Ordinance (X) Request tot a vel'lance to the Zoning Ordinance ( ) DATE ...~.?......~_8 S 1973 AppeUant the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to A~ticle .................... Section .................... Subsection ...' ................. paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector' ( ) be reversed ( ) be confirmed because 7130 Po'Mo (Eo-SoTo)s upon application of John Clm-wne~ms Main Road, Southold, New, York,,;i'or a variance ia accordance with the Zoain~ Ordinsmce, Article ~I, Section ~01 and the Bulk ~ohodule, for permission to di~de lots with leos tiaras, required .~re~ amd fronta~o. Location of propert~,l vest side Oalclawla i~'en~Os ~outholds ~ounded north by School District ~5~ east by Oaklavn Avenuoj south by Lo~ Baker and others t, vest by, L. Baker and other~ Fee p~id 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary (b) The hardship created (is) (is not) unique 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 R~-'FERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVFAtSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Buildin~ Inspector ( ) be confirmed ( ) be reversed. After i~avsstigation and in~pection the Boa~d finds ~hat applicant requests psrucLssion to divide lots with less ~,~n~ required are~ and frontage on property loclted on tho west' aide' Of'Oa~lawn Avenue, Southold. The findings of the Board are that this property is served by public 'wat6r ~ tht properties in the eux~ounding area are generally one half acre or lens in size,~ Tho Board agrees with the reasoning of tho applicant.: The Boa~d finds that strict applic~tion of the 0rd~ce would produce practical difficulties or un~eceseax-y h-~dehipj the hardship created ie unique sad would not bo sh~red by all properties nlike in the immediate vicinity of th~s property and in the same use dietrict~ and the v~rianco will not change the c~n~acter of the neighborhood, a~d will observe the spirit of the THEREFORE ~ IT VAS RESOLVED, John Charmers, [ ~i~ ~4ad, So~thold t New York, be GRAb:A-m-, peruissio~ to divide.lets wSth less requ~ed rare~ Oa property located~ on ~he wooS' side of Aven~, Southold, N~ York, aa applied fort fe:r Vote of'the ~ Ayes~- Messrs~ :~llispie, Bergen,: H~se, LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions ~f 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 June 28, 1973, on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of John Charnews, Main ~oad, $outhold, for a variance in accordance with the Zoning Drdinance, Article III, Section 301 and the Bulk Schedule, for )ermlssion to divide lots with less than required area and frontage Jocation of property: west side Oaklawn Avenue, Southold, bounded north by School District $5; east by Oaklawn Avenue; south by L. Boken and others; and west by L. Boken 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 ~ith the Zoning Ordinance, Article III, Section 301 and the Bulk ~chedule, for permission to divide lots with less than required ~rea. Location of property: north side Ruth Road, Mattituck, 0ounded north by Long Island Sound; east by B. Vreeland; south ~y Ruth Road (Private Road); and west by A. Joos and ano. 7:50 P.M. (E.D.S.T.), upon application of James and Margaret Boylan, 11 Gedney Avenue, Smithtown, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, the Bulk Schedule and Article XVII, Section 1702, for permission t~ construct dwelling in subdivision Cleaves Point, Section III, which is not on approved list and lot does not have sufficient width or area. Location of property: Lot $73, Map of Cleaves Point, Section iii. ~.egal Notice Page 2 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 OrdinBnce, Article VII, Section 701 and the Bulk Schedule, for permmssion 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 ~. Schmidt; east by H. Schmidt; south by Main Road; west by H. Terry Estate. 8:30 B.M.~(EoD.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-i, for permission ~o erect multiple dwellings. Location of property: west side Youngs Avenue, Avenue; others; Southold, bounded north by D. Charnews; easu by Youngs south by Long Island Rail Road, Maier, Averett, Kaelin and 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 mn 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. Charnews; east by Youngs Avenue; south by Long Island Rail Road, Maier, Averett, Kaelin and others; and west by R. B. Grattan, Wetkowski a others. 9:00 P.M. (E.D.S.T.), upon application of Carl H. Scho6ff~ Hobart Road, Southold, New York, for a variance mn accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide lots with dwellings which Legal Notice Page 3 do not have sufficient area or frontage. Hobart and Old Estates. Location of property: Shipyard Lane, Southold, Lot %41, Map of Founders 9:10 P.M. (E.D.S.T.), upon application of Wilbur Kaiser, Horton Lane, Mattituck, 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 less than required area and frontage. Location of property: south side of Horton Lane, Mattituck, bounded north by Horton Lane; east by C. Sanders; south by North Fork Baptist Church; west by North Fork Baptist Church. 9:20 P.M. (E.D.S.T.), Pine Tree Road, Cutchogue, with the Zoning Ordinance, upon application of Anna Maria Pfutzner New York, for a variance in accordance Article III, Section 301 and the Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property: Part Plot %124 Map of Nassau Farms, Cutchogue, New York. Any person desiring to be heard on the above appeals should appear at the time ~nd place above specified. Dated: June .15,.1973 PLEASE PUBLISH ONCE, JUNE 21, 1973, OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, SOUTHOLD, NEW YORK. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS AND FORWARD NINE (9)AFFIDAVITS MAIN ROAD, NOTICE OF HEARINGS Pursuant to Section 267 of Town Law and the provisions the Amended Building Zone Or- dinance of the Town of ~outh- old, Suffolk County, New York, public hearing, s will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, Hew York, on June 28, 1973. on the following appeais:~ 7;30 P. M. (EDSTI, u~n ap- plication of John Chernews, IVfhtn Road, Southold, for a variance in. accordance with the zoning Ordinance, Article III- Section 301 and the Bulk Schedule. inr permission to divide 10ts with lessthan required area and front- age. Location of property: west side of Oaklawn Avenge, Seuth- ~old, bounded north by School i District No. 5; east by Oaklawn Avenue; south by L. Boken and others; and west by L. Boken and others. plication of Phi{ipple Maitre- jean. Box 888, Sound Avenue Mattituck, for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Section 301 and Bulk Schedule, for permis- sion to divide lots with less than requb-ed area. Location of prop- erty: north side Ruth Road, Mat- tituck, bounded north by Long Island Seund: east by B. Vree- land: south by Ruth Road (Pri- vate Road); and west by A. and ano. plication of James and Margarei Boylan. 11 Gedney Avenue, Smithtown. New York. for a var- iancein accordance with the Zon- ing Ordinance. Article III. Sec- tion 301. the Bulk Schedule and Artice 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 urea. 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- New York, Iora variance in ac- cordance with the Zoning Ordi- nance. Article VII, Section ~gl and the Bulk Schedule. for per- nfission to operate a second busi- ness (Take-gu1 Deli) on ' same premises with a public garage Location of property: north ~ide 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. (EDSTL upon plication of George Ahler.s and Barry Hellman, Cutchogue snd S0uthold, New York, respectively. for a special exception in accord- once with the Zoning Ordinance, Article V, Section 500. Subsec- tion B-l, for Permissi0~ to erect multiple dwellings. Location gl COUNTY OF SUFFOLK ) STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-rlTUCK 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 ....~.~c:~....;......~..Z/_..... weekT/ successively, commencing on the ............ a~../ff.. · ........... ....................... ............... Sworn to before me this ...... ¢~r~. .......... day of NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisians of the Amended Building Zone Ordinance of the Town of Southold, Suffolk CounlT, New York, public hearings will b~ held by the Town Office, Main Road, Southold, New York, on June 197~, on the following appeals: 7:30 P.M. (E.D.S.T.), uponI application of John.. Charnews, Main Hoad, Santhold, for a variance in accordance with the Zoning Ordinance, Article HI, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area anti. frontage. Location of property: west side Oaklawn Avenue, Southold, botmded north by School District No. 5; east by Oaklawn Avonue; south by L. Boken and others; and weat by L. Boken 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 Ordinance, Article HI, Section 301 and thc Bulk Schedule, for permission to divide lots with less than required area. Location o! property: no _r~h side Ruth Road, Mattituc ,ck. bounded north by Long t~land Sotmd; east by B. Vreeland; south by Ruth Road (Private Hoad); and west by A. Jsos and COUNTY OF SUFFOLK, I STATE OF NEW YORK. ~ ss: ........ .~.t.n?.r.t..g....Dg.~, .~n' ............. being duly Sworn. says that ...h.?j. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~rt Greenport, in said county~ and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Week]~ Times once in eoch week, /~r ....... 9.n.e ................. weeks successively comm_~ncing on ~he ...t?.~n.t..y.-.f.i?.s.t. .......... Sworn to be~f~e,~ me this., .0/..~. ..... ] / . / .... ............. ~y Cm~lmissicn [x~:res March 30, 19 ?"~. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ...... i~.~. :~......~.~..~¢ ............... .................. .~.~~e.~ ..................... ~.[^~ T^~ No'~,C~ ~,o~ ~,our o~"co,on 0o~ed ...................... T~ ....... ~...~.., ~..~...3. f6r permit to 6~ ........................................ at the premises Ioco,ed ot~..r..~,,.~: ................. :..." ....... ...~ ............................................... S~r~e~ Map ........................................ Block ........................................ Lot ................................................ is re,ne erew~ '-b'~d disapprove~ on the following grounds ....../~,..~.......~.~.]~...../_.~,~.'~.~.~.'-~ ~ '~ -- ...... "~' '"~'"~ ............... ~/'~- ?"~ ............................................................... m . ,; f'~6/ '~':~ .................................... ..... ~...~.:......~.~...~..~..~. ....... ~ ....... ~.~....~..~5-~::~ ............ Building Inspector / T(~WN OF SOUTH~LD, NEW YORK APPEAL rFROM DECISION OF BUILDING INSP_CTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~,,.. JOt~ C~L~N23gS ~¢ainStreet,~ .............................. 1, ~ ................................................................. of ........................................... Name of Appellant Street and Number .. ~ ZZ97Z ........................ , .~..0..~..~..0..]:~ ~ .................................................... ,~?. :z.. :.z ........... HEREBY APPEALaTO Municipality State · HEZONING BOARDOFAPPEALS FROMTHE DECISION OF THE BUILDING ~SPECTK)R ON APP'IC^T,ON FOR PERM,T NO ..................................... DATED ................. ...... WHEREBY THE BUILDING NSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FO~R OCCUPANCY I LOCATION OF THE PROPERTY .....'~ --- ~' ~-' '~ ~A~`.~....~`.~.%...~.k~.`~..?~.~"~....~.'..~..~.~.~..~.~```~..~..~.~.~.....~.~'g~ Street Use District on Zoning Map Mop No. Lot No. 2J 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.nonce.) 31 TYPE OF APPEAL Appee is made herewith for (Y~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New Yo~k Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4J PREVIOUS APPEAL A (previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. S~ch appeal was ( ) requ~est for ~ special 3erm[t ( ) request for a variance and was made in Appeal No ................................ Dated .................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~k) A Variance to the Zohing Ordinance ( ) isl requested for the reasdn that (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not_ shared by all properties alike in the mmediate vicinity of this property and in this use district because 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE '~HE CHARACTER OF THE DISTRICT oecause %our applics~t is asking for ~aking two building lots on his property situate on Oaklawn Avenue, in the Village ~d T~n of Southold, County of Suffolk and State of ~ew Eork~ the dimensions being as Follows: On the North by O~lawn AVenue, 200 feet; On the East by B~ker, 16k.2 feet; ~n the South by ~aker, 274~7 £eet~ ~ ~he West by Sehool Dist~ic$ No. ~, ~1o8 feet; STATE OF NBC/ YORK ) ) ss COUNTY OF S~L~ ) (J ¢ 'g atu e t (~Tohr~ 0S~sz'news ¢ ~gth day of May, ................ 19 Sworn to this ...................................................................................... [. Notary Public .~ 73-