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HomeMy WebLinkAbout1798 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1798 Dated June ~, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To James and Margaret B~ylan 11 Gedney Avenue S=4tht0~n, Hew .york Appellant at a meeting of the Zoning Board of Appeals on Ju~e ~8 ~. 1~)7~ was considered and the action indicated' below was taken on your ( ) Reqllest for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance ( ~0 Request for a variance to the Zohing Ordinance ( ) : the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was d~termined that a special exception ( ) be ~ranted ( ) be denied pursuant to Article .................... Section .................... 'Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7t50 PoN. (E.SoT.')~ upon application of James ~et, i~y~ il C~dn~y AYonUe,. Stol thrown, New York,. for a v~rianoe, in accordance ~th ~he Zoning Ordimce~,'A~ticle Sectio= 301, tJae Bulk Sahedule ~nd~ 'A~ticle Xv~X, Section 1702, for per~ssion to construct dwelling ~ subd~V~sio= Cleaves Point, Section XZ~, w~ch As ~ en approved l~st ~d let does ~t ~ve:~ftcient '~dth~or, ~ . ~t~on of p~pertyt ~t ~p of Cleaves Point, Section III. Fee paid 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical 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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (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 Building Inspector ( ) be confirmed ( ) be reversed. PROYED · ~ - ZONING BOARD OF APPEALS ~ - '", '~~A~~ After investigation and inspection the. Board 'finds that applicant requests permission to construct dwolXing {n Subdivision Cleaves Point, Section III, L~t ~73J The findings of the Board are tb_~_t applicant pu~ch~sed 10~' prior to the upgrading of tho Ordinance in December of 1971, a~ is now ready to build on the let. T~e Board agrees with the reasoning of the applicant., The Board finds that strict application of the Ordinance w~uld produce practical difficulties or ,m~ecese~A~y hardship~ the h=~dship created is ,,-!quo and would not be shared by all properties alike in the i-~wodiato vicnity of this property and in the same use district; m.d the variance will not chm~ge the character of the neighborhood, and will observe the spirit of the OrdiD~Jaco e' ,, THEREFOR~ I~ :WAS ,RESOLV~D, James and' ~ar~o~et BOyl~L, IX ,Ge~e~,Av~u~, S~to~, :New York, be G~D pe~ssio~ to ,cons~ct 'dwe~i~ in 8u~i~sion Cleaves Point, Section XII, ~t: ~73, as apPX~ed,fo~. :Vote. o~ ~e ~,,~ Ay~-~ ~Messrs~ '~iXlispie, ~r~en, :H~se, Grigoni~'e~ . . ~ : · . ; LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the-Amended Building Zone Ordinance of ~he Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Office, Main Road, Southold, New York, following appeals: Southold, at the!Town on June 28, 1973, on the 7:30 P.M. (E.D.S.T.), upon application of John Charnews, Main Road, $outhold, 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: 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 with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide lots with less than required ~rea. Location of property: north side Ruth Road, Mattituck, oounded north by Long Island Sound; east by B. Vreeland; 'south oy 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, $mithtown, 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 to construct dwelling an subdivision Cleaves Point, Section III.. which is not on approved list and lot does nou have sufficient width or area. Location of property: Lot ~73, Map of Cleaves POint, Section III. Legal 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 Ordinance, Article VII, Section 701 and the Bulk Schedule, for permission 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 H. Schmidt; east by H. Schmidt; south by Main Road; west by H. Terry Estate. 8:30 P.M.,(E.D.S.T.), upon application of George Ahlers and Barry Hel!man, Cutchogue and Southold, New York, respectively, for a special exception in accordance with the ~oning Ordinance, Article V, Section 500, Subsection B-l, for permission to erect multiple dwellings. Location of property: west side Youngs Avenue, Avenue; others; Southold, bounded north by D. Charnews; east 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 Hell,an, Cutchouge and Southold, New York, respectively, for a variance in 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 wes= by R. B. Grattan, Wetkowski and others. 9:00 P.M. (E.D.S.T.), upon application of Carl H. Schooff~ Hobart Road, Southold, 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 dwellings which Legal Notice Page 3 do not have sufficient area or frontage. Location of property: Hobart and Old Shipyard Lane, Southold, Lot $41, Map of Founders Estates. with the Schedule, area and 9:10 P.M. (E.D.S.T.), upon application of Wilbur Kaiser, Horton Lane, Mattituck, New York, for'a variance in accordance Zoning Ordinance, Article IIi, Section 301 and the Bulk for permission to divide lots with less than required 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.), upon application of Anna Maria Pfutzner Pine Tree Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permisslon 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 appear at the time ~nd place above specified. Dated: June -15,_.19~3 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JUNE 21, 1973, AND FORWARD NINE OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, SOUTHOLD, NEW YORK. should (9)AFFIDAVITS MAIN ROAD, , NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisiens of the Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Town Office, Main Road, Southeld, New York, ~n June 28, 1973, on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of Joh~ 'Charnews, Main Road, Southald, for a variance in accordance with the Zoning Ordinance, Article IH, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area and frontage. Location of property: west side Oaklawn Avenue, Southeld, bounded north by School District No. 5; east by Oaklawn Avenue; south by L. Boken and others; and west by L. Bokon 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 Zanin~ Ordinance, Article HI, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area. Location of proporty: north side Ruth Road, Mattituck, boonded north by Long Island Sound; east by B. Vreeland; south by Ruth Road (Private Road); and west by A. Jm~ an , 7:50 P.M. (E.D.S.T.), upon application of James and Margaret Boylan, 11 C-~dney Avenue, Smithtown, New York, for a variance in accordance with ~St~ian 301, the Bulk Schedule md Article XVII, Section 1702, For permission to construct Point, Scetiue IH, which is not on apl~oved list and lot doce nut~ have enffidont width or area. Location of property: LorNo. 73, Map of Cleaves Point, Section HI. 8:00 P.M. (E.D.S.T.(, upon ] application of Joy Finlde and Millie Messeri, Main Road, .Orient, New York, for a variance m accordance with the Zoning , Ordinonco, Article VII, Section . 701 and the Bulk Schedule, for permission to op,'ate a second I busine~ (Take-out Deli) on same t premises with a public garage, i Location of prope~y: north side Main Road, Orient, bounded north by H. Schmidi; east by H. Schmidt; south by Main Road; w~_ by_H._T~ mtste. COUNTY OF SUFFOLI~, STATE OF I~EW YORK, ? ss: ........ ~.~.u~ .~.r.~. ~C... ~o..~,~.n .............. ~ing duly Sworn, s~s that .. ~ .. is Printer and Publisher of ~e SUFFOLK W~KLY TI~ES, a news~per pub~sh~ ~ Gr~nport, in ~d countw and ~at the noti~, of which ~e ~e~ is u print~ ~py, has ~en published in the ~d Suf~lk W~k~ Times once in euch w~k~ ~ .......... ~ .............. w~ks suc~ssiv~ly ~mmencing on ~e ..... ~.~ ........ SW~ to ~e me this .:~/ .... / , .................... C~ks. No. 52 9366350 ~ ~om~;ss~on Exoi~es ~arch 30, 19~ ~ICE OF IIEARINGS /'~L~ant to Sectton 16~ of the Law and the provisions o! ..,~ ~ended Building Zon'. 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 June 28, 1973, on the following appeals: ~:30 P. M. IEDST), upon ap- plication of John Charnews, fYI'ale Road, Southold, for a variance in accordance with the Zoning O~dinance, Article III- Section 301 and the Bulk Schedule. for permission to divide lots with lessthan required area and front- age. Location of property: west side of Oaklawn Avenge, South- old, bounded north by Schcol District i~o. 5; east by Oaklawn Avenue; south by L. Boken end others; and west by L. Bokcn and others. pl~catian of Philippic Maitre- jean. Box 888, Sound Avenue~ Mattituck. for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Soctton S01 and Bulk Schedule, for permis- sion to divide lots with less than required area. Location of prop- erty: north side Ruth Road, Mat~ tituck, bounded north by Long Island Sound; east by B. Vree- land; south by Ruth Road IPri- rate Road~; and west by A. Jogs and ano. )lication of James and Margarei Boyian, 11 Oedney Aven~e~ Smithtown, New York, for a var- iancein accordance with the Zoll- ing Ordinance. Article YI[. Sec- tion 301, the Bulk Schedule and Artice XVII, Section 1702, for permission to construct dwelling in .~ubdivision Cleaves Point, Sec- tion III, which is not on approved list and lot does not have suf- ficient width or ~rea. Location Cleaves point. Section III. lie Me~eri. 1Viain Road. Orient, New York, [ora variance in ac- cordance with the Zoning Ordi- nance. Article VII. Section ~01 and the Bulk Sohedule. ~or per- mission to opec. ate a second busi- premises with a public Earage. LocatioD of property: north side Main Road. Orient, bounded north by H. Schm/dt: e/Ist by H. Schmidt; south by Main west by R. Terry Estate. Barry Hellman, Cutchogue ~nd S0uthold, New York. respectively. for a special exception in accord- ance with the Zoning Ordinance. Article V, Section 500, Su~ec- tion B-l. for pormission .~o erect multiple dw2llings. Location COUNTY OF SUFFOLK ~, ss: STATE OF NEW YORK j C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK 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 Zrove]er-Mattituck Watch- man once each week for ..... ~~..~...~.~ weeks/ successively, commencing on the ............... ~./z.,~.-~... ...... day of ..... ;,-~.../,~.z(~...r':~....., ,9/~/~.. ............................ ............... ......... Sworn to before me this ...... ~..~....~....~. day of ~ FOEM NO. 3 w~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL A File No .................................................................. Date ................ ..~.......~. ........ I~L~..~.. ........... ~'4'"~z~'~'~'"'~ .................. .............. ~~~~ ........... ,~,.~ ~ . ~ PLEASE TAKE NOTICE that your application dated ........ r~..Z~.~-7 .......... ~ .................... 19 ........ for permit to construct ...~ ............ [......at the premises ocated at .............................. 7...:~ ...... ..... t ~ [ ~.~ ~t.,r..4 ~rewlth n.4 disapproved on the following grounds ..... ~.~..~.:.~...~_~.~ ~X ~ ' ...... : ........ ~-v ........................ / ........ Z;'"~ .................................................. L.~.o...~....t~.J.z,~.~....~......,~.~,..~..c:.~.. ~.~.... ~c:~...¢~v;..~,~. ............................. ..... ,~.,..~.....7~......;..,oT~ , ~ , ,c:~ ~ ,, ........... ~ ' ~;...~.~,,~, ....... ~z~,~..Z..~..:.<..:~ ................... (~:~ ~- ~zL..X ........ :..~L...(.~ ~ ~ ~' ~ -- Building Inspector / TOWNr-OF SOUTHOLD, NEW YORK APPEAL EROM DEC S ON OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)Z~,~r.~.......~...~..~.7~ .~'..Z.~..~..~...~:..X~.of ...../../.......~...~..~....~...~..~...~..,~...~.. ............................ Name of Appellcmt Street and Number ........ , .~.,/~z..~...~...~..,~,.~.~.,,.,~,. .......................................................... .../~,,.;..~.;. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDI.,NG I.~NSPECTOR ON ., ~ APPLICATION FOR PERMIT NO ..................................... DATED ............ .'.~'.~...~ ................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of ApplJcont for permit of Street and Number Municipality State ) PERMIT TO USE 1. LOCATION OF THE PROPERW ..... ............................................ ....... Street Use District on Zoning Map .... .................................... .................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate'the Article Section, Sub- section and Paragr~aph o~.~-he,~Zoning Ordinance by number. Do not guote the Ordi.nonce.) __ 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. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (ha.s~not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for e 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 Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 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 F/~//~ ss .......................... COUNTY 0 Signature Sworn to this ........................................... day o JUDf[~ff % ~O[<Et*,~ ~ubl!c State of New York 4963 Suffolk< Count