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HomeMy WebLinkAbout1929 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1929 Dated June 11, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To George F. Schmitt & Wf 55 Marlborough Road West Hempstead, N. Y. DATE ..JLtllL..1], 1974 Appellant at a meeting of the Zoning Board of Appeals on July 11, 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 ( ~ Request ior a variance to the Zoning Ordinance ( ) 1974 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 because 8:55 P.M. (E.D.S.T.) upon application of George F. Schmitt and Wife, 55 Marlborough Road, West Hempstead, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (2) and 100-32 for permission to construct accessory (storage) building in front yard area. Location of property: W/S Truman's Path, East Marion, New York, bounded north by Sullivan & Gorga; east by Truman's Path; south by E. Foster; west by Marion Lake. 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 practical difficulties or unnecessary SEE REVERSE (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 ( ) be denied and that the previous decisions o! the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 After investigation and inspection the Board finds that applicant requests permission to construct accessory (storage) building in front yard area. The findings of the Board are that applicant's home faces the lake and the rear faces Truman's Path as do the majority of the homes on the street. The shed will be located back to back with a neighbor's shed to maintain a uniform appear- ance. The Board agrees with the reasoning of the applicant. The Board finds 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 immediate 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, George F. Schmitt & Wife, 55 Marlborough Road, West Hempstead, New York be GRANTED permission to construct accessory (storage) building in front yard area of property located on the west side of Truman's Path, East Marion, New York, as applied for, subject to the following dond~tions: 1. That the accessory building shall be located no closer than 80 feet to Truman's Path. 2. That the accessory building shall be located no closer than 3 feet to any boundary line. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, LE C~L 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 Southoid, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, New York, on July ii, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, P.E., Manor Lane, Jamesport, New York a/c Brasby's of Mattituck Manor, Main Road & New Suffolk Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 & 35A for permission to construct decorative stone wall (fence) part of which will be over 4 feet in height in front yard area Location of property: Main Road & New Suffolk Avenue, Mattituck; bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco Realty; west by Main Road. 7:55 P.M. (E.D.S.T.) upon application of Richard De Maria, 5 Swan Lane, Hauppauge, New York for a variance in accordance with the Zon!ng Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient frontage and area. Location of property: ~iawatha Path, Southo!d; bounded north by W. Ulhorn; east by Hiawatha Path; south by C. Boergesson; west by J. Derosa and another. 8:05 P.M. (E.D.S.T.) upon application ol Elbert E. Austin a/c William J. Eckartz, 315 Sound Avenue, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, !Section 100-30 and Bulk Schedule for pe~m!ssion to construct .a~a~ne~ garage with insufficient sideyards. Location of iproperty: S/S Sound Avenue, Peconic, New York; bounded north by Sound Avenue, Lot No. 17, Peconic Shores, Peconic, New York. Legal Notice - Pg. 2 8:15 P.M. (E.D.S.T.) upon application of James & Eiieen Dugan, 12 Gedney Avenue, Smithtown, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient sideyard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section II, Cleaves Point Sub- division, Greenport, New York. 8:30 P.M. (E.D.S.T.) upon application of Nicholas & Patricia Drossos, Main Road [Arsh~momaque), Greenport, New York for a variance in accordance with the Zoning Ordinance, D~ticle VI~ Section 100-60 C (3) (A) (B) (C)for permission to erect sidewall sign. Location of property: N/W side Main Road (Arshamomaque), Greenport; bounded east. by Long Island Lighting Company; south by Main Road; west by John Drossos; north by Manor Grove Corp. 8:40 P.M. (E.D.S.T.) upon application of Wickham &-~ark a/c Clinton Muttitt, North Country Road, Westhampton, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 280A Town Law for permission to divide property and for approval of access with insufficient frontage and area. Location of property: E/S Grand Avenue, Mattituck; bounded north by Rohrbach & Heuser; east by M. & P. Surer; south by Long Creek; west by Grand Ave., Anrig, Hopek, Hanson. 8:55 P.M. (E.D.S.To) upon application of George F. Schmitt and Wife , 55 Marlborough Road, West Hempstead, New York for pe_~/?~ission to construct accessory (storage) building in front yard area. Location of property: W/S Truman Path, East Marion, New York; bounded north by Sullivan & Gorga; east by Trojan's Path; south by E. Foster; west by F~rion Lake. the Amended Building Zone 'Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held, at the Town Office, Main Road, Southold, New York by the Zoning Board of Appeals of 'the Town of Southold, New York, on July 11, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, P.E., Manor Lane, Jamespert New York a/c Brasby s of Mattituck Manor, Main Road & New SuffoJk Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article II1, Section 100-34 & 35A for permission to construct decorative stone wall (fence) part of which will bc over 4 feet in height in front yard area. Location of-property: Main Road & New Suffolk Avenue, Matti-' tuck; bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco~ Realty; west by Main Road. 7:55 P.M. (E.D.S.T.) upon application of Richard De Maria, 5 Swan Lane, Hauppauge, New York for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient front- age and area. Location of property: Hiawatha Path, South- .old; bounded north by W. Ulhorn; east by Hiawatha Path; south by C. Boergesson; west by J. Derosa and another. 8:05 P.M. (E.D.S.T.) upon application of Elbcrt E. Austin a/c William J. Eckartz, 315 Sound Avenue, Peconic, New York for a variance in accordance with the Zoning Ordinancc~ Article 1II, Section 100-30 and Bulk Schedule for permission to construct attached garage with insufficient sideyards. Location of property: S/S Sound Avenue, Peconic, New York; bounded north by Sound Avenue, Lot No. 17, Peconic Shores, Peconic, New York. 8:15 P.M. (E.D.S.T.) upon application of James & Eileen Dugan, 12 Gedney Avenue, Smithtown, New York for a variance in accerdancc with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side- yard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section I1, Cleaves Point Subdivision, Greenport, New York. 8:30 P.M. (E.D.S.T.) upon application of Nicholas & Patricia Drossos, Main Road (Arshamo- maque), Greenport, New York for a variance in accordance with thc Zoning Ordinance, Article VI, Section 100-60 C (3) (A) (B) (C) for permission to erect sidewall sign. Location of property: N/W side Main Road (Arshamomaque), Greenport; bounded east by Long Island Lighting Company; south by Main Road; west by John Drossos; north by Manor Grove Corp. 8:40 P.M. (E.D.S.T.) upon application of Wickham & Lark a/c Clinton Muttitt, North Coun- try Road, Westhampton, New York for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 & Bulk Schedule and Section 280A Town Law for permission to divide property and for approval of access with insufficient frontage and area. Location of property: E/S Grand Avenue, Mattituck; bounded north by Rohrbach & Hauser; east by M. & P. Surer; south by Long Creek; west by Grand Ave., Hopek, Hanson. ' 8:55 P.M. (E.D.S.T.) application of George F. Schmitt and Wife. 55 Marlborough Road, West Hempstead, New York for permission to construct accessory (storage) building in front yard area. Location of property: W/S Truman Path, East Marion, New York; bounded north by Sullivan I & Gorga; east by Truman's Path; south by E. Foster; west by Marion Lake. ~ Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: June 27, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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- rnon once each week for ..... *_..,...~..~..,. ....... ,'...., ...... weeks(' successively, .commencing on the .................. "~....(.:~ .......... doyof ....... ..... .. Sworn to before me this ........ i)i ............ doy of 19~...~.r:(.. ........... ..... ......... L.x...~. ~( ~,2...~..~,c..¢~..g ...... ; ................... [-% JTIcE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions o! the Amended Building Zone OrE'uance of the Town of Southald, Suffolk County, .New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, New York, in the Town Clark's office, Main Road, Southold, on July 11, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.), upon application of Gordon Ahlers, P.E., Manor Lane, ._J,_an~.esport, New York a-c Brasby s of Mat- tituck Manor, Main Road & New Suffolk Avenue, Msttituck, New York for a variance in ac- cardance with the Zoning Or- dinance, Article III, Section 100- 34 & 35A for permission to con- struct decorative stone wall (fence) part of which will be over 4feet in height in front yard area. Location of property: Main Road & New Suffolk Avenue, Mat- tituck; bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco Realtyi west bY Main Road. 7:55 P~M~ (E.D.S.T.) Upon application of Richard DeMaria, 5 .Swan Lane, Hauppauge, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide lot with in- sufficient frontage and area. Location of property: Hiawatha Path, Santhold; bounded north by W. Ulhorn; east by Hiawatha Path; south by C. Bcergesson; west by J. Derosa and another. 8:05 P.M. (E.D.S.T.) upon application of Elbert E. Austin a- c William J. Eckartz, 315 Soand Avenue, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct at- tached garage with insufficient sideyards. Location of property: S-S Sound Avenue, Pecoinc, New York; bounded north by Sound Avenue, Lot No. 17, Pecanic Shores, Paronic, New York. 8:15 P.M. (E.D.S.T.) upon application of James & Eilcen Dugan, 12 Gedney Avenue, Smithtown, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient sideyard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section II, Cleaves Point Subdi¥iaion, Greenport, New York. 8:30 P.M. (E.D.S.T.) upon application of Nicholas & Patricia Drosses, Main Road (Arshamomaqus), Greenport, New York for a variance in ac- cardance with the Zoning Or- dinance, Article VI, Section 100- 60 C (3) (A) (B) (C) for per- mission to erect gldewall sign. Location of property: N-W side Main Road (Arshamomaque), Grennport; bounded east by Long Island Lighting Company; south by Main Road; west by John Drosses; north by Manor Grove 8:40 P.M. (E.D.S.T.) upon application of Wickham & Lark a- c Clinton Muttitt, North Country Road, Westhampten, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 280A Town Law for permission to divide t)roperty and for approval of access with insufficient frontage and area. Location of property: E-S Grand Avenue, Mattituck; bounded north by Rohrbach & Heuser; east by M. & P. Sutar; south by Long Creek; west by Grand Ave., Anrig, Hopek, Hanson. ~ · 8:55 P.M. (E.D.S.T.) upon app_licatian of George F. Sehmltt and Wife, 55 IV~rlberough Road, West Hempstead, New York for permission '~ construct ac- cessory (s ge) building in front yard area. Location of property: W-S Truman Path, East Marion, New York; beundod north by Sullivan &~' OF SUFFOLK, Gorga; east by Traman's Path; ~, south bY E. Foster; west by''~ NEW YORK, Marion Lake. ~ ss: Any porson desiring to be heard S~LlaI'~ O. Dovmaxl being duly Sworn. on the' above Appeals should .............................. appear at the time and place~t ...h.e... is Printer ~nd Publisher of lhe SUFFOLK above specified. Dated: Jane 2/, 1974 Y TIMES, a newspaper published ~t Greenport, in s~id BY ORDER OF THE SOUTHOLDTOWNand t!hut the notice, of which the annexed is a p~inted BOARD OF APPEALS · .vl~, nas been published in the ~ Suffolk Weekly Times once in each week, for ........... o, .n.e.. { .]..). ....... weeks succe6sivel¥ ~ommencing on ~e ............ 3.til~ .......... Sworn to before me this .... ~.~.h.... ! ,~ No. 52-9366335 Qualified in Suffolk County ..~/ Commission Expires March 30, TOWN OF SOUTHOLD, NEW YORK APPEAL EROM DECISION OF BUILDING INSPECTOR ( ) ( ) TO TFIE'~:ONI'NG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥. Name of Appellant Street and Number We-~ He~ea~ New York 11552 HEREBY APPEL TO Municipoi~ity Store THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUI~IN~ INSPECTOR ON Name of Applicant ~o~ permit of ............ ............ .............................. S~eet ~nd Numbec Municipality S~o~e PE~IT TO USE PER~IT FOR OCCUPANCY Pe_~--mit £or Accy Bldg Front Yarc~ 1. LOCATION OF THE PROPERTY ..... .1.~.0...0...?~.~..a~..~..,.~4..~]n. ....... ; ................ ."..A.','.~..D,~:~ ..................... Street Use District on Zoning Mop Mop No. Lot No. 2. PROVISION (SI 'OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, SuE-- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)' Az't, III See lO0-30-O (2) a 100-.32 3. TYPE OF APPEAL Appeal is mode herewith for (320 '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 oppec~l CE~0 (has hot) been made with respect to this decision of the Building Inspector or .with respect to this propeJ'ty. Such appea( was ( ) request for ~ special permit ( ) request for a variance and was made in Appea( No ................................. Dated .................................................................... REASON FOR APPEAL ~r ) A Variance to Section 280A Subsection 3 (XY0 A Variance to the Zoning Ordinance ( ) ~s requested for the reason that (Continue on other side) 0 0 REASON FOR APPEAL Con tinued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or Unneces- sary HARDSHIP because The house was built with the front of the house facing Marion Lake, severe slop_i,n,$ lawn and the front deck and entrnnce also face the with a lake. 2. The hardship created is UNIQUE and is not shared vicinity of this property and in this use district because by all properti.es alike in the imrne~ate The house~as built so the front'faced the lake and the rear faced' Tru~ans Path as do ~he ~aJority of the homes on the street. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Otn' neighbor ~r. R. Erich was ~ra~%ed a ~ar/~zace to 1~ erect a utility shed under the sawe c~ances. Also' I ~m erecting this shed back to back with ~r. Gorga% shed, 'ow ef~r~ neighbor, to maintain a unifor~ appearance. U KtGSt~ ) ss .... ) '" ................................. t.~t~. ....... day of ........ ~ ............................ 19~..~ Sworn to this f/Notary Public ..... NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. File No .................................................................. Date ................... ~.~.-~ZT~.... ....... .... , ~o ..... .~....~~.~.~ .... .~'z.....~~....~.~ ...... ~.....L~ ........ ~/ '~ P,LEASE TAKE NOTICE. that your application dated ~'~ ~ ~ ~ ( , 197. for Permit t%construct .~..C~f~.)..~t~tq~(p'remi~/l°cated-at'"'"..~..~....'"'--~~--'~ --'""~"~---- -- '"'"~'"~" "~'~ Map ............ ~ ............... Block ......... ~ ....................... Lot .../~ ............................. : ....... is .......... ...................... ~~.~..?....~_~..~.c ./...~_..c~.).....~./.~.~.z..~.~ ............ West Heapstead ,TM lO lg' Dea~ sS. ri Reeeived you~ application of accessory buildingt Tl-uma~ Path East Marion, this morning, Theproposed location is in your legal front yawlt we cannot apprnve it in this spot, It rill have to go to the ~ard of Appeals fo~ · vail-nco as k~ieb did80~ b moved to the legal rear yard- betewvn house & l~e, ~nclosed ale appeal forB~ if you wish to make application to the ~o~rd for variance & special permit. I aB h~lding your application & cheek pending advise from you as to your decision on location, ·ours tl~,_ly ~Xding lnspeotor~