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HomeMy WebLinkAbout1930 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1930 Dated June 28, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Richter Home Improvement Co. a/c Diana Tendler 515 - 7th Street 9th Street Greenport, N. Y. 11944 Greenport, N. Y. DATE..~9~..1, 1974 Appellant at a meeting of the Zoning Board of Appeals on August 1, 1974 was e0nsh/ered 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 ( ~ Request for a 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 BuildinS Inspector ( ) be reversed ( ) be conf~med because 7:40 P.M. (E.D.S.T.) upon application of Richter Home Improvement Co. a/c Diana Tendler, 9th Street, Greenport, New York, Map No. 986-6, Lot No. 3, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C for permission to locate accessory building in legal front yard. Location of property: Lot No. 3, Map No. 986-6, end of 9th Street, Greenport, New York, bounded on the north by Pipes Cove Corp., east by B. Freeman; south by Peconic Bay (Pipes Cove); west by J. Caroff. 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 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 SEE REVERSE (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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ~' ) be denied and FORM ZB4 APPRO REwRs ' -Chairman Board' of Appeals ZO.~G BO~ARD OF AP~F~ALS ~ Marjor~e McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to locate accessory building in legal front yard of Lot No. 3, Map No. 986-6, end of 9th Street, Greenport, New York. The findings of the Board are that applicant is the owner of a lot which is over 400 feet in length. The main structure on the lot is the owner's residence and the location of the owner's residence prevents the accessory building being built in the rear yard because of its proximity to the water. The Board agrees with the reasoning of the applicant. The Board~Jfinds 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 i~nediate 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, Richter Home Improvement Co. a/c Diana Tendler, 9th Street, Greenport, New York, be GRANTED permission to locate accessory building in legal front yard, Lot No. 3, Map 986-6, end of 9th Street, Greenport, New York, as applied for, subject to the following conditions: That the proposed structure shall be located at least 25 feet from the westerly side line, and at least 40 feet from the easterly side line, and at least 150 feet from the right of way leading into the property. That this new structure at no time shall be used for a residential apartment or second residence or rental unit. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, ~ Notice of Hearings wes~ by J. Careff: ~/C Ai~s Liquors~ ~'iffin Street. C~t~h~ae~ ~e~ ~ork for a 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 hear Lqgs will be held by the Zoning Board of Appeals of the Town of Seuthold, at the Town Office, Main Road, Seuthold, New York, on August 1, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Richter Home Improvement Co. a-c Diana Tendier, 9th Street, Greenport, New York, Map No. 986-6, Lot No. 3 for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C for permission to locate accessory building in legal front yard. Location of property: Lot No. 3, Map No. ~o-6, eed of 9th Street, Greenpert, New York, bounded on the north by Pipes Cove Corp.; east by B. Freeman; south by Peeoaic Bay (Pipes Cove); west by J. Caroff. 7:55 P.M. (E.D.S.T.) u"~n""-~n application of Catherine W. Drake, 424 B Heritage Village, Seuthbary, Canneeticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 (C) and 100-32 (A) for permission to erect accessory structure (TV antenna) over 18 feet b.i~h. Location of property: LOt No. 16, Map of Fairway Farms, 3050 Fairway Drive, Cutchogue, New York. 8:10 P.M. (E.D.S.T.) upon application of Alfred J. Terp a-c Al's Liquors, Griffin Street, Cutchugue, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 10060 C (3) (a) for permission to bring present sign up to the Town line. Location of property: N-S Main Road, Cutchogue, New York, bounded north by C. Schneider; east by A.J. Terp; south by Main Road; west by Griffin Street. 0:25 P.M. (E.D.S.T.) upon application of Harvey Bagnhaw, Deep Role Drive, Mattituck, New York for a special excel~ion in accordance with the Zoning Ordinance, Article VII, Section 100-70, Subsection B (4) and Bulk Schedule for permission to build and operate an automobile body repair shop with reduced side yard. Location of property: N-S Main Road, Laucel school district No. 11, Muttituck Post Office, boanded on the north by James O'Connell; east by A. Goodaie and Wf; south by Main Road (Route 25); west by J. O'Coanell. 8:40 P.M. (E.D.S.T.) upon application of MST Construction Corp. a-c W. Barry Everett, 6 Shipman Lane, Stony Brook, N.Y. for a variance in ac- cordance with the Zoning Or- COUNTY OF SUFFOLK, l STATE OF NEW YORK, ~ ss: J Stuart C. Dorman being duly Sworn, st./s that ...h.e... is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said countw and that the notice, of which the annexed is a printed copy, h~s been published in the s~id Suffolk Weeki~ Times unce in each week, for ......... .o.179. .(.1..) ..... weeks successively commencing on the ............ 2.~.~.h. ......... dory of ...... ~.u.~?.~.. ._~T~. ?.hV~.. ~.~q ~. f ].~.- ............ Swam to before mn this . ,$,~h/)... ~, ~ ,yo, .... 1 / . ...... / / · ................ /' // ,,"NO]Ai~Y PUBLIC ?F NEW YORK ~ I~mml~si~ ~xoi~es l~arch 30, lg .(.~ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance 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 August 1. 1974 on the tbllowing appeals: ~ 7:40 P.M.(E.D.S.T.) upon ap- plication of Richter Home Im- provement Co. a/c Diana Ten- diet, 9th Street, Greenport, New York, Map No.986-6, Lot No. 3, tbr a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C for permission to locate accessory building.in legal front yard. Location of Property: Lot No. 3, Map No. 986-6, end of 9th Street, Grcenport, New York, bounded on the north by Pipes Cove Corp.; east by B. Freeman; south by Peconic Bay (Pipes Cove); west by J. Caroff. 7:55 P.M. (E.D.S.T.) upon ap- plication of Catherine W. Drake, 424 B Heritage Village, South- bury, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 (C) and 100-32 (A) for permission to erect accessory structure (TV antenna) over 18 feet high. Location of property: Lot No. 16, Map of Fairway Farms, 3050 Fairway Drive, Cut- chogue, New York. 8:10 P.M. (E.D.S.T.) upon ap- plication of Alfred J. Terp a/c Al's Liquors. Griffin Street, Cut- chogue, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (a) for per- nfission to bring present sign up to thc Town linc. Location of propcrty: N/S Main Road, Cut- choguc. New York, bounded north by C. Schneider; east by A. J. Tcrp; south by Main Road; west by Griffin Street. 8:25 P.M. (E,D.S.T.) upon ap- plication of Harvey Bagshaw}, Deep Hole Drive; Mattituck~ New York for a special exception in accordance with the Zoning Or~ dinancc, Article VII, Section 100-70, Subscction B (~) and Bulk Schedule for permission to build and operate an automobile body rcpair shop with rcduccd side yard. Location of property: N/S Main Road, Laurcl school district #11, Mattituck Post Of- fice, boundcd on thc north by James O'Conncll; cast by A. Goodalc & wf; south by Main Road (Route 25); west by J. O'Connell. 8:40 P.M. IE.D.S.T.) upon ap- COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK 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 Zraveler-Mattituck Watch- man once each week for ........ .(.L.~...~i,~.,;~ ......... .~..,. weeks successively, commencing on the ............ .:.~..~.~ ................... day of ............ )...,.-/::1'.,.~..~,.~-7,} 19..~2~.... Sworn to before me this ' day of lgot. ary Public TOWN OF SOU~THOLD. NEW YORK ( ) ( ) APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAI,./~O.-"~ ~'/7.~© D, KTE~ .............. 7 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, (We)..~.~../../.~.~...~..~..~.~..~.~o~ ......... ~...~.~ ..................................... Name of Appellant Street end Nut. her ........... ~z~..~...~z....~.y.... .................................... ~.~.~ ....... ,EREBY A~P~LTO Municipad~y' State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIN;G .NSP, ECTOR ON ....................................... ........... .......... WHEREBY THE BUILDING INSPECTOR DENIED TO .......... ~.,.~.~..~ ...... ~.~../..~..~. ......................... Name of Applicant for permit Street and Number Municipati(y State PERMIT TO USE PERMIT FOR OCCUPANCY ~. LOCATION OF T~E ~ROPERW ............................................ ~. .~....~.Z ~,~/_ / ~ Street Use Distri6t on Zoning Map Map Ne. Lot No. 2. 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 Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ¢ ~ A VARIANCE to the Zening Ordfnonce or ~oning ~ ( ) A VARIANCE due to lack of access (State of New Yark Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVtOUS APPEAL ^ previous appeal (b~as not) been made with respect~to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a 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 requested for the ~ that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary I~ARDSHIP because ~icinity of.this property and' in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediq, te 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW Yt3RK )  ) ss COUNTY ) Signature Sworn to th,s ~::~f>~day of · ........................ '. .................................. .~...~ ....................... Notary Pub~i?,. TOWN OF sOUTHOLD BUILDING [~EPARTME.NT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. .o~lcE OF DIS^ePROV*L /// File No ................................... .,. .............................. Date ........... .~...~...~.... ........... , 19..?...Y ......... ..7....~......: ......................... ~_! ........... r ~- PLEASE TAKE NOTICE that your application dated .............. ~.....~....., lC2.?...~.. for permit to construct .~...~ .................... at the premises ~ocated at .....~....Z.......~..~.?:...~.. ..... .~..~ ...~.....~..~:~.....~ ....~...: .................. Street C~ Mop ............... ..~. ............... Block ~'~ Lot ~%' is -rctu~--d h-~,ewith and disopproved on the following grounds ~ ~4 ~ ~....:,..-..,~....~ ..................... Zii!Z~J'.'::::::ZZi ....... i~'"/.i' ~ -.~i ~ ./.i~:~ ..':.~...c.-. ~.,d._~ ~.:'...: ........... ........... TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ...... ::~...~.~.,,-,......Z....~. ............. 19..~,.X.... INSTRUCTIONS a. This application must be completely filled in by typewriter o¢ in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets o~ areas, and giwng a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue o Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with oil applicable !aws. ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and i~ buildings for necessary inspections. State whether,applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. : . ................................... : ...... : ......... '; ............... ............................................................................. :' ............. :: ..... Nome of owner of premises ....~../...~....~..,~, ........................... 2/, ............................................................................................... If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..................................................... Plumber's License No ................................................. Electrician's License No ............................................. Other Trade's License No ............................................... I. Locadon of land on which propo ed work will be done Mop~No' .~..~b/-~/' ' '--etNa ~ : ; nd u r ~ ¢ ?'-', ~ ~,.'~'~';~ ....... ';;';;7-"~'"' ....... ; ................... ~ / Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and occupancy ............... /.....~....a....~..X ...... ~ ~'z..~ ....................... ·" , ' ' // ......... ' ......... 7,:",": ....... b, Intended use and occupancy .............. ~ ..... ..x.¢.~. ..~.. . .......... i..~...Z..4..¢~9.....i .... ..u., ..~.; .... 3. Nature of work (check whi :pplicable): New Building'. ................. Jdition .................. Alteration ................ Repair .................. Removal .................. Demolition .................... Other Work ................................................ . 4. Estimated Cost ......~...g....~,...~....~....-~.' ............................ Fee (Description) (to be paid on filing this application) 5. If dwelling, number of dwelling units ........ ..~.... .............. Number of dwelling units on each floor If garage, number of cars /~ ~" ~ '.~. ~/~-- ?~.~ ..~. .~/~ ......................................... ~ ............... 'y ........... 7' .................................... ~' ..................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front .................................... Rear ............................ Depth ................................Height ............................ Number of Stories ................................ Height ..... ~-..~. .... Number of Stories ........... ~. .................................................................................................... 9. Size of lot: Front ........ .J!.,...~.,..~. ............................... Rear ...... ./.....~....~z..~. ................... Depth ...... ..~...~..~7.x. ............. 10, Date of Purchase ...................................................... Name of Formec Owner ...................................................... 11 Zone or use district in which premises are situated ........... ~.L~-.~-..~.~¢..~.....~..~',¢~.~../....~..~.... ........................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ....~....'~....~.. ........... : ........................... 13 Will lot be regraded .....X..'~...~..T. .......... Will excess, fill be removed from premises: (/->')"Yes ( ) No 14. Name of Ownerof premises .,.'..~../.~..~...~.....~.~....;f...¢(.../..~...~.. .....Address ................................Phone No ....................... Name of Architect .......................................................... Address .~__~......,......... ...... Phone No ....................... Name of Contractor ~.~..c...~..~..~..l¢...~..~..O.....~..~.°... Address ................................ Phone No..~..?..?.S,.~..~.~- PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street end block number or description according to deed, and show street names and indicate whether interior or corner lot. .............. ~..C;-.~ ................................ being duly sworn, deposes and says that he is the applicant (Namef'd~ inc]l~idNal signing-contract) above named. ~ ,,? ~9 (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and thor the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~ ~ /'~ ,,~ . / /O /7 ~ Noto Co-n ...... ........... pp ' ) MAp OF' LAND SLJ~vE:Y E.O F"O~ [~IANA -T"EN DLE R ~ P--.E EN b Cov~..