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HomeMy WebLinkAbout1743 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1743 Dated March 14, 1973 ACTION OF THE ZONING BOARD OF APPEALS Of THE TOWN OF SOUTHOLD To Oa~l & Frances Chapman Mattituck, New York DAT~.Na~ch...29, 1973 Appellant at a meeting of the Zoning Board of Appeals on March 29, 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 iora 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 beeanse 8:05 P.M. (E.S.T.), upon application, of Carl and Frances Chapman, Nattituok, New York, for a variance in accordance with the Zoning Ordinance, A~ticle III, Section 303 and Bulk Schedule, for permission, to construct dwelling with less than required setback. Location of property.'. Lot $12, Map of Salt Lake Village, Mattituck, New York. 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 practical difficulties hardship because ~ REVEt~E (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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (woUld) change the character of the district because 8RE 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 RE~ ~iSE ) be denied and FORM ZB4 After investigation and inspection the Board finds that applicant requests permission to cenmtruct dwelling with less than requirad setback on premises located: Lot Ne. 12, Map ef Salt Lake Village, Mattltuck, New York. The findings of the Board are that a 25 feet setback would not alter the character of the neighborhood. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties er 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 net change the character of the neighborhood, and will observe the spirit ef the Ordinance. THEREFORE IT WAS RE~0LVED Carl and FrancesChapman, Mattituck, New York, be GRANTED permission to c~nstruct dwelling with less than required setback on Lot No. 12, Map of Salt Lake Village, Mattituck, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gilllspie, Bergen, Hmlse, Doyen. 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 Southoid, at the Town Office, Main Road, Southold, New York, on March 29, 1973, on the following appeals: 7:30 P.M. (E.S.T.), upon application of Gordon G. Bishop, 600 Clearview Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article iii, Section 300 C4 and Section 302, for permission to construct private garage in front yard area. Location of property, west side Gardiners Lane and south side Clearview Avenue West, Southold, bounded north by Clearview Avenue West; east by Gardiners Lane; south by Dart; west by John Mulhall. 7:40 P.M. (E.S.T.), upon application of James F. Murray, Vanston Road, Nassau Point, Cutchogue, New York, for a variance Article III, Section 301 and the in accordance with the Zoning Ordinance/Bulk Schedule, for permission to divide property with less than required area and frontage. Location~of property: Lots 4 and 5, Map of Peconic · Bay Properties, Inc. 7:50 P.M. (E.S.T.), upon application of Dante H. Catullo, 15 Rossiter Avenue, Yonkers, New York, for a variance in accordance with the Zoning Ordinance Article III, Section 301 and Bulk Schedule, for permission to divide property with insufficient area and frontage. Location of property : no~th side Bailey Beach Road, Mattituck, bounded north by other land of applicant; east Legal Notice Page 2 by right of way and Gatz; south by Bailey Beach Road; west by J. Little. 8:00 P.M. (E.S.T.), upon application of Joseph and Mary Kirwin, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permission to divide property with less than required area and frontage. Location of propertY : Lots 9118 and 119, Map of Nassau Farms, Peconic, New York. 8:05 P.M. (E.S.T.), upon application of Carl and Frances Chapman, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to construct dwelling with less than required setback. Location of property: Lot 912, Map of Salt Lake Village, Mattituck, New York. 8:15 P.M. (E.S.T.), upon application of Elizabeth A. Allen, and Jane Chambers, 280 Henderson Street, Jersey City, New Jersey, for a vari&nce in accordance with the Zoning Ordinance Article III Section 300, for permission to use existing accessory building as dwelling. Location of property: west side Stars Road, East Marion, bounded north by Stars Road West; east by Stars Road; south by Philip Frumenti; west by Balders, Weiss and others. 8:30 P.M. (E.S.T.), upon application of Edcho Corp., 320 Front Street, Greenport, New York, for a special exception in accordance with the Zoning Ordinanoe Article VII, Section 700 B4, for permission to operate public garage. Location of property, north side Sound Avenue, Mattituck, bounded north by L.I. Railroad; east by A. Tuthill; south by Sound Avenue; west by A. Palkovich. Legal Notice Page 3 8:40 P.M. (E.S.T.), upon application of Williams Constructing, Inc., 320 Front Street, Greenport, New York, for a variance in of the Zoning Ordinance accordance with Article III, Section 303~ for permission to construct dwelling with less than average setback. Location of property: east side Corey Creek Road, Southold, bounded north by E. Hau; east by A. Meyer; south by J. Dunker; west by Private Road, Corey Creek Road. 9:00 P.M. (E.S.T.), upon application of Robert E. Levy, Harbor Lights Drive, Southold, New York, for a variance in accordance with Article Iii, Section 300 C3 and Section 302, Of the Zoning Ordinance, for permission to construct garage in front yard area. Location of property: Lot ~8, Map ~f Harbor Lights Estates, Section One, Southold. 9:10 P.M. (E.S.T.), upon application of Dorothy M. Robohm, Main Road, $outhold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permissimn to divide property with less than required area. Location of property: northeast side of Youngs Road, Southold, bounded north by C. Schwarz; east by Midfarm Road~ south by H. Conroy and J. Frass; west by Hill Road. 9:20 P.M. (E.S.T.), upon application of Sarah E. Gil!espie, Smith Drive North, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C1 for permission to use building as doctor's office, doctor does not live in same building. Location of property: east side Maple Lane, SouthOld, bounded north by B. Hellman; east by L. Edson; south by D.~Pettit; west by Maple Avenue (Private Road). LEGAL NOTICES NOTICE OF HEARING~ Pursuant to Section 267 of the Town Law and the provisions of the Amended Buiding Zone Ordi- nance 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. Southold, New York, on March 29, 1973, on the follow- lng appeals: 7:30 P. M. (ESTL upon appli- cation of Gordon 0. Bishop. 600 Clearview Avenue, Southold, New York, for a variance in accord- ance with-the Z~ning Ordinance, Article III, Section 309 C4, and Section 302, for permission to construct private garage in front yard area. Location of property. west sid~ GoLd(nors Lane sad south side Cleal;viewAvenucWest, Southold, bounded north by Clearview Avenue West; east by nard(hers Lane: south by Dart: west by John Mulhall. 7:40 P. M. (ESTL upon appli- cation of James F. Murray Yanston Road. Nassau PoinL Cutchogue, New York, for a var- iance in accordance with thc Zoning Ordinance ArticleIII.Sec- lion 301 alld the Bulk Schedule, for permission to divide prcpert~v with less than required area and frontage. Location of pr~)per~y: Lots 4 and 5. Map of Peconic Bay Properties. Inc. '/:59 P. M~ (ESTL upon appli- cation of Dante H. Catulto. 15 Ross(teL Avenue, Yonkers, New York, for a variance in accord- anco with the Zoning Ordinance Article 1II. Section 301 and Bulk Schedule, for permission to divide property with insufficient area and frontage. Location of DrOp- erty: north side Bailey Beach Road. Matt(tuck. bounded'north by other land of ~pplicanl: east by right of way and Oatz; south by Bailey Beach Road: ~vest by J. Little. 8:00 P. M. (EST), upon appli- cation of Joseph and Mary Kb'- win, Bay Avenue. Cutchogue. New York. for a variance in accord- ance with the Zoning Ordinance. Article IH, Section 301 and Bulk Schedule, for permission to di- vide property with less than re- quired area and frontage. I~c.a- tion of property: Lots No. 118 and 119, Map of Nassau Farms. Peconic, New York. ~ 8:05 P. M. (EST): upon anpli- cation of Carl and Frances Chap- man, Matt(tuck, New York, for a vari/mce in accordance with the Zoning Ordinance, Article III. Section 303 a~d Bulk Schedule, for permission to construct dwell- ing with less than required set- back. Location of property: Lot No. 12, Map ~f Salt Lake Village, !a ,ti! ~ck, i~'ew York. ~ 8:15 P.'M. (EST), ul~n aj~pli- cation of Elizabeth A. Allen, and Jane Chambers. 280 Henderson b-~reet, Jersey City, Hew Jersey, for a variance in accordance with the Zoning Ordinance Article IlL ~ection 300, for permission to use existing building as dwelling. Ix)cation of property: west side Stars Road, East Marion. bound- ed north by Stars l~)ad West; east by Stars Road; south by philip Prumcnti; west by Balders, Weiss and others. 8:30 P. M. (EST), upon appli- cation of Edcho Corp., 320 Front Street, Oreenport, New York, for a special exception in accordance with the Zoning Ordinance Ar- ticle VII. Section 700 B4, for per- mission to operate public garage. Location of property, north side Sound Avenue, Matt(tuck, bound- ed north by L. I. Railroad; east by A. Tuthill; south by Sound Avenue; west by A. PalLor(ch. 8:40 P. M. /EST), upon_appli- cation of Williams Constructing, Inc., 320 Front Street, Greenport, New York, for a variance in ac- cordance with Article IlL Section 303 of the Zoning Ordinance. for permission to construct dwelling with less than average setback. Location o'f property: e~st side Corey Creek Road. Southold. bounded north by E. Hau; east by A. Meyer; south by J. Dunker; west by Private Road. Corey Creek Road 9:00 P. M. (EST), upon appli- Lights Drive. Southold, New York, for a variance in accord- ance with Article IlL Section. 300 C3 and Section 302. of the Lot No. 8. Map of Harbor Light.g Estates, Section One. Southold. III. Section 301 a½~d Bulk Sched- ule. for permission to divide prop- side of Youngs Rbad, Southold, bounded north by C. Schwarz; east by Midfarm Road; south by cation of Sgrah E. Oillespie, Smith Drive North. Southold. cordance with the Zoning Ordi- nance, Article III, Section 300 C1 for permission to use building as live in same building. Location of by D. Pelt(t; ixest by Maple Ave- nue tPrivate Road). on the above applications should appear at the time and place specified. Dated: March 16, 1973 BY ORDER O1~ THE SOUTHOLD TOWN COUNTY OF SUFFOLK ) STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being , that he is the Editor, of THE I TRAVELER - MATTITUCK WATCHMAN paper printed at Southold, in Suffolk C, the notice of which the onnexed is a printe published in said Long Island Zraveler-M man once each week for ...... .~. ~..,<~'.~,:. successively, commencing on the ........... ~ day of ..~~_,.~..,J]......, ,]9 .~....~.. ............................. Sworn to before me this ...... ADELE PAYNE Notary Public, State of New flo 52-3041000 ' NOTICE OF HEARI?~ Pursuant to Section 267 of the Town Law and the provis~ens of the Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public henrings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town New York, on March 29, 1973, on the following appeals: 7:30 P.M. (E.S.T.), upon ap- plieation of Gordon G. Bishop, 600 Clearview Avenun~ Southold, New York, for a variance in mission to construct private garage in front yard area. Lsoatian of property, west side Gardinors I.sne and south side Clearview Avenue West, Scuthold, bounded north by Clearview Avenue West; east by Gardiners Lane; south by Dart;. west by John Mulhall. 7:40 P.M. (E.S.T.), upon ap- plicatien of James F. Murray, Vanston Head, Nassau Point, Cutchague, New York, for a variance in accm'dance with the Zoning Ordinance, Article HI, Section 301 and the Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property: Lots 4 and 5, Map of Peconic Bay Proper- ties, Inc. 7:50 P.M. (E.S.T.), upon ap- plicatien of Dante H. Catullo, 15 Rossiter Avenue, Yonkers, New York, for a variance inac- dinance, Article III, Section 30~ and Bulk Schedule, for per- mission to divide property with insufficient area and frontage. Location of property: north side Bailey Beach Road, Mattituck, bounded north by other land of applicant; east by right of way and Gatz; south by Bailey Beach Road; west by J. Little. 8:00 P.M. (E.$.T.), upon ap- plication of Joseph and Mary Kirwin, Bay Avenue, Cutcbegue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section · 301 and Bulk Schedule, for per- mission to divide property with ~ frontage. Location of property: Lots No. 118 and 119, Map of Nassau Farms, Pecunic, New~ York. 8:~ P.M. (E.S.T.), upon ap- plicatien of Carl and Frances ~aapman Mattitunk New York for a variance in accordance with the Zoning Ordinance, Article HI, Section 303 and Bulk Schedule, for permission to constructf setback. Location of property: Lot No. 12, Map ~ Salt Lake Village, Mattituck, New York. m8:15 P.M. (E.S.T.), upon ap- plication of Elizabeth A. Allen, and Jane C~unbers, 280 Hen- derson Street, Jersey Gity, New Jersey, for a varianc, ac- cordance with the Zo, Or- COUNTY OF SUFFOLK, STATE OF NEW YORK. ~ ss: says that ....bp.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county; and that the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, fro: ........ o.n.e. ................ weeks successively commencing on the ....~.~.e.n.%.y..~.e.c.o..n.d ......... Sworn to beige me Jl~his ...2..~. .... FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~ /Y' , 19.~..~. File No ................................................................... Date .......................... ~.~.~.: ....... : ................ ............. ;..~6.f:Cd~7,~z~..¢zZ~,~: .................. ........... ~. ~. >. .... ~. 7: ~E[ASE TAKE ~OTIC[ that your opplic~ticn doted ............................................... for permit to construct ..A~:~.::L:~.~.::.:.i ...... a~ the premises located at ..... ~,~g.....~.~.~/~ retqrned he~with ~d disapproved on the following grounds .......' Building Inspector / TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO TH~E~ ~0N[N_G BO~RDPF APPEALS, TOWN.OR SOUIHOLDr N.~Y. ' 1, (We) .C.arl.&,..Er~nQ.~.~...~kaD..~.~ .............. of :~.S..a..]:.t~.L..a..k...e.~..V.~...:~...a~.~.g..e.:~L.~...a..~..~...~..~.~r~z .... Name of Appellant Street and Number ........................... ..~.~.i..¢..u.9..tf ........................................................ .~..,....~.; .......... 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 Name of Applicant for permit of Salt Lake Village, ~[attituck, N.Y. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) set-back-_froni yard variance Sailor's Nee~e - - -- re~er~tiai - 1. lOCATION OF THE PROPERTY ............................... :. ................. ~;: ........ z.T. ........ L...]J..L ....... :. ...... Street Use District on Zoning Map ........... z..? ............................. ................... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of t~e ~o, nin~4?rdinance by numbe~, Do o quote th -Ordi, ce.) 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the. Zoning Ordinance or Zoning Map ( f ~A v~I~N'c~: due-to Jack ~)f-acces~ (State of New York Town Law _Ch_ap. 62, Co~ns~ La~vs Art. 16 Sec. 280A Subsection 3 / 4. PREVIOUS APPEAL A previous appeal (~a~ (has not) been made with respect to this decision af the Building Inspectar or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a varmnce and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (:3) A Variance to the Zoning Ordinance ( ) ~ '-': is r~quested~ for the r~ason-that l?orm zB1 (Continue on other side) REASON FOR APPEAL COntinued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or unneces- sary HARDSHIP because ~f the small workable building area of th~i~ lot the applicants desire to baild a home with a front yard set back of 25 feet instead of 35 feet. This lot is in silagle and separate 'oWnership and the applicants are Under contract to purch~a~se _s_am_e. 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 t~o workable baildi~g area io~ this lot is small. The high tide mark of James Cree~ on the east has encroached ontothe lot thus-' reducing its size~ - . - 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it would be i~ tkeeping with the development of t~e neighborhood STATE OF NEW YORK ) ) ss COUNTY OF Sttf£olk ) Sworn to this ................. .1..4..t..h. .................... day of ....... ..~...a..r..c...h. .................................... 19 73. GARY FLANNER OLSEN COUNSELLOF~ AT LAW March 14, 1973 Re: Chapman-Variance Dear Mr. Terry: Enclosed herewith please find three cppies of a Variance Application, survey, and the filing fee of $15.00. Pleas e advise as to when this matter will appear for a public hearing. GFO/mc Southold Town Building Inspector Southold, N.Y. GARY FLA~LSEN ' ./' / cc: Mr. & Mrs. Chapman ~CALE: 40'= '"