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HomeMy WebLinkAbout1960 TOWN OF SOUTHOLD, NEW YOI~K ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1960 Dated September ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Boris T. & Olga Shaskin 1055 Captain Kidd Drive Mattituck, New York DATE_Q~....~3, 1974 25, 1974 Appellant at a meeting of the Zoning Board of Appeals on October 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 for a variance to the Zoning Ordinance ( ) 17, 1974 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be /ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zonin~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be conf~med because 8:00 P.M. (E.D.S.T.) upon application of Boris T. and Olga Shaskin, 1055 Captain Kidd Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 c. and Article III, Section 100-32 for permission to locate accessory building (garage) in front yard area. Location of property: Map of Captain Kidd Estates, Lot No. 184, 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 SEE REVERSE (b) The hardship created (is) (is not) umque 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 vartarme (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 /ranted ( ) be denied and that the previous decisions of the Buildh~ Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to locate accessory building (garage) in front yard area of Lot No. 184, Map of Captain Kidd Estates, Mattituck, New York., The findings of the Board are that applicant has an adequate rear yard and an adequate easterly side yard on which to locate an accessory building. It is this Board's opinion that in the absence of a definitive sketch or survey indicating the exact location of the cesspools, the garage could be lined up with the front building line and attached to the westerly side of the house. It would not necessarily have to be closer than 6 feet to the westerly side line. The applicant has failed to show any unusual or unique hardship and the Board finds that it would change the character of the neighborhood to permit ' an accessory building in the front yard area. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hard- ship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Boris T. and Olga Shaskin, 1055 Captain Kidd Drive, Mattituck, New York, be DENIED permission to locate accessory building (garage) in front yard area, Lot No. 184, Map of Captain Kidd Estates, Mattituck, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. L~ ~O~IC~ ~otice o~ ~e~ing~ ~ Seu~ion 267 of the '~'o~n L~w' and th~ ~ovisions ~ ~ ~8~ Gre~n~r=~ ~ew York for a v~nce with ~e Zon~g Or~ance~ BU~ $~ule for p~issi~ to USS pro~y as wi~ ~s~fficien~ fron~ge ~a ~e~ ~oation a~or~ance with the Zoning ~a~nce~ p.I~. (E~D.S~T~) upon apptica~ion of Pebble Beach $~gs~ Tu~p~e, ~nt~ Ne~ Y~k for a v~i~oe ~i~ ~ne Zo~ ~oe~ ~tiole III~ ~e~on D & F for t~r~ si~s of excessive size. 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 October 17, 1974 on the following appeals: 7:45 P.M. (E.D.S.T.) upon applieaUon of Arth~ W. Hahn, Jr., Bay Shore Road, Box 685, Greunport, New York for a variance in accordance with the Soctiun 100-30 and Bulk Schedule for permission to use property as two building lots with insufficiant frontage* und area. Location of property: W*S Bay Shore ROAD, Amand, ed Map of Peannic Bay New York. 8:00 P.M. (E.D.S.T.) u= aPPlication of Boris T. & Olga Shaskin, 1055 Captain Kidd Drive, Mattituck, New YOrk for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 c. and Article IH, Seetinn 100-32 for permi~imi to locate accessory building (garage) in front yard area. Location of property: Map of Captain Kidd Estates, Lot No. 184, Mattituck, New York. 8:15 P.M. (E.D.S.T.) u~n application of Pebble Beach Realty, Inc., 620 Hempstead Turnpike, Elmont, New York for a variance in accordunce with the Zoning Ordinance, Article III, Section 100-30 C, G, D & F for temporary signs of excessive size. Location of property: State Road, East Marion, New York, bounded on the north by L.~ L Sound; east by A. Birtan south ' by Main Road; west by Island's End Golf and Country Club. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 4, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of ~OUNTY OF SUFFOLK, TATE OF NEW YORK, ~ ss: ........... .S...~.~..~..~..C, e ~ .l~...~.. ~ ..... being duly Sworn, · ys that ...he..., is Printer and Publisher of the SUFFOLK IE;EKLY TII~£S, a newspaper publish~l at Greenport, in said :ount¥: and that the notice, ,of which the annexed is a printed ~py, has been published in the said Suffolk Weekb/ Times ~ce in each week, tot . ,01~..(1.) .............. weeks successively commeu~cin_a O~ t~e ..... ~tl~b..(]-0) ........ Sworn to ~b~?ore, me? this ../.) ...... JO~rl' CA v'~ REq~'CE' TO~Nt;£NI) .................... ~I~7~'ARY PUBLIC OF NEW YOi~K Residing in SuIlolk County Clks. NO. 52-9365350 ~ / My Commission Expires March 30, Town Law and thc provisions of the Amended Building Zone Or- dinance of the ToWn of South0id; Suffolk C~Untyl New York, public hearings will be ,held' by the Zoning Board,of Appeals Of the Town of Southotd, at the Town Office, Main Road, Southold, New York, on October 17, 1974, on the following appeals: 7:45 P.M. (E.D.S.T.) upon ap- plication of Arthur W. Hahn, Jr., Bayshore Road, Box 685, Green- port, New York for a variance in accordance with the Zoning Or- dinance. Article Ill, Section 100- 30 and Bulk Schedule for permis- sion to use property as two building lots with insUfficient frontage and area. Location of property: W/S'Bay Shore Road. Amended Map of Peconic Bay Estates, Lots 132-136, Greenport, plication of Boris T. and OIga Shaskin, 1055 ~aptaln Kidd Drive, Mattituck, New York for a variance in accordance, with the Zoning Ordinance. Article I11, Section 100-30 c. and Article Ill. Section 100:32 for permission to locate accessory building (garage in front yard area. Location of property: Map of CaPt,ain Kidd Estates. Lot NO. 184; Matt!tuck, New York.: 8:15 plication of Pebble'Beach R~.ty, Inc.. 620 Rem~t~:gd.Tureplke Elmont, New.Yb~k for'~ ~ariance in accgrdance .w ~h ,the Zoning Ordinancel. Article III. S6ction 100-30 C. G. D & F for fempo~'ary signs of excessive sizE. Location of property: State Roast, East Marion, New York, bounded on the north by L.I. Sound; east by A. Bitten; south by Main Road; west by Island's End Golf and Country Club. Any person desiring to be heard on the abo~'e appeals should appear at the time and place above specified. Dated: October 4. 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-10/10 COUNTY OF SUFFOLK ) STATE OF NEW YORKI ss: Sherley KarT, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public newspaper 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 Watchman once each successively, commencing on the ................ .~..(.).....~'. ....... Sworn to before me this ......... ..~...~.. ........ day of TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF I~UILDING INSPECTOR DAT~ Scot. 25~ 1974 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. ' : '~ ' (We) ............... of lO55 cazot in Kid Dr±ye Nome of Appellcm~ Street and Number ~ttituek New ~ork ~RY APPEAL TO Municipality Store 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 Applicont for permit of Street and Number Municipality Store ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) ~' " Accessory Building in front yard (garage) I. LOCATION OF THE PROPERTY. ..A.~....A.p.o.M~ .................... : ......... ~ ........... ~.....D...z..s..u.~.z.9..~.....'...' ..... Street Use District on Zoning Map Captain Kidd Estates 184 Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Z, oning Ordinance by number. Do not F~uote the Ordinance Article II! - Sec t00 - 30c and, Article IIi See. 100-32 3. TYPE OF APPEAL Appeal is made herewith for (z) A VARIANCE to the Zoning Ordina.nce or Zoning Mop (.) A V~,Ri~,NCE-due to lack af access (State of ._New York Town Law Cbap 62 Cons Laws Art. 16 Sec. 280~, Subsection 3 4. PREVIOUS APPEAL A previous appeal ~L-m~) (has 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 ) ~s requested for the reason that when ~ e×tension ~,~ added on to the orig±n~l dwell±ng~ two new cesspools were added to the side of t~his exten~. I desire to build a 12 x 24' garage (4ifeet from ,mY.~r property line) mud the front&ge of this garage to extend approximately 12~e~t from the front of my building line. The garage cannot be in line with my building line frontage due to the cesspools in back of it. ~onn z~z (Continue on other side)_ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultiee or unneces- sary HT~RDSHIP because the cesspools were not originally placed in back xm~ of w~- new extension. Part~ if mot all of the garage would cover the cesspools and it would be impossible to have any access to them. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in thJ~ use district because ~ the~'e are bnly two home~ on Captazn Kidd Drive that have the extension built in back of the original house· ~7~ho'me'~d Mm. GarSch's. }~ home is the only one that has the two cesspools at its side. All other homes on my side ~ the street b~ve their cesspools in back of these houses. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the garage would only extend 12 feet from the front of the building line and there would still be space .for placing of a drive- way from the Front of the garage to the to~m street. STATE OF NEW YORK ) ss COONTY OF; 'New YOrk ) Sworn to this ......... ~.~ ......................... ~.,. day of ............ ~.e~..t..e~.e.T. .......................... 19 ?~ Notary ~Public--~z(~ ~ TOWN OF SGUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL .................................. ~.~...~.~.~.ts ......... PLEASE TAKE NOTICE that your application dated to ~ ~ (~d / for permit const uc~...~ ..................... ~premises located at .................................... ............... ~.~.....~4~ ...... .~.~.(~ g~N I<~ ~ I~ ..............is ~p~/~_// ............................. Bilk ~ Lot ................................. ..,~...~_~~..~....~_~~.~-~.....~,...~. .~......~.~_~.~ ,...~ ~...~~....~~ . .................. ~~ ...... L~:Q.~::~:~:::: ......... Building Inspector December 9, 1974 Mr. Boris T. Shaskin 1055 Captain Kidd Drive Mattituck, N. Y. 11952 Re ~ Appeal No. 1960 Captain Kidd Estates District A - Lot 184 Dear Mr. Shaskin: In reply to your letter of November 20, 1974, the Board has carefully considered your request. At a meeting of the Appeals Board held on December 5, 1974 the Chairman directed that I write you to the effect that the Board feels that the six foot (6') side yard is, in itself, a reduction from the appropriate side yard in a residential area. The Board is unwilling to consider further reducing this side yard. Yours truly, MarJorie McDermott Secretary November 6, 1974 Board of Appeals Town of Southold Town Clerk's Office Southold, New York 11971 Capt. Kidd Estates District A - Lot 184 1055 Capt. Kidd Drive Gentlemen: In meeting with the Building Inspector, Mr. George Fischer, on Monday, I understood that I would not be given any variance to my proposed garage at the side of the house except to line it up with my present dwell- ing line and six feet away from the property line. I ask that the Board of Appeals reconsider my reqnest to a front end variance of six feet in front of the building line. Accepting the Board's ruling would definitely cover one of the cesspools that exist at the side of the house. Mr. Fischer was unsuccessful in locating any of the pools, although I informed him that one of the contractors had a d~- vining rod and he located the two cesspools as indicated on the attached sketch. I was also shocked to learn that the Board would further approve this garage if it would be built six feet from the property line. No where in your Zoning Code (100-32 or33) do I find this limitation except that year yard setbacks should be no less than three feet away from any lot line. Your six foot limitation would bring the garage too close to the porch en- trance and certainly would loose all aesthetic harmony in presenting an over-all balance of the two buildings. You will note a four foot clear- ance from the lot line in my sketch. There definitely would be a hardship in conforming to my present building line as it would cover one of the cesspools for future accessi- bility and my revised request of six feet is not unreasonable. I wish to point out to the Board that a garage was built on Central and Zena Drive that does not conform to any of your rulin~ and ~he front of this garage is approximately three to four feet away from the town road. I ~tl try to attend your meeting on November 14th at around 8:00 to hear the~!Board's decision. B. T. Shaskin 90-50 Union Tpke. Glendale, N.Y. 11227 November 20, 1974 Mr. R. W. Gillispie, Chrm. Zoning Board of Appeals Town of Southold Southold, New York 11971 Appeal No. 1960 Capt. Kidd Estates District A - Lot 184 Dear Mr. Gillispie: I have reviewed my variance application regarding the acces- sory garage that I contemplate building, and in spite of the difficulty regarding the present location of the cesspools, I will go along with the Zoning Board's approval in locating the garage in line wit~ the front building lines, as per the attached plan. However, I respectfully request the Board's zoning limitation of six feet be reduced to four feet at the westerly property line. I do not contemplate attaching the garage to the main porch since this would invovle! major construction in removing part of the porch roof, or installing a breezeway, or some other lattice-type work. I want the garage as a separate accessory building, aesthetically balanced between the porch and the westerly line. The six foot limitation would bring the 12' width garage too close to the porch dwelling. You will note (sketch 1~ that I have a 5~' three-step entrance, leaving a balance of 3~', if we stay with the 6' limitation. This would make the area quite congested and confined. The present steps would have to be broken, with a radically new en- trance made, making it physically impossible for future planting of shrubs and flowers. The requested four foot limitation (sketch 2) would enhance the space between the garage and the porch and would be suitably balanced from street view. If the Zoning Board would revise the six foot ruling to four feet on the westerly property line for the above reasons, I will then file the appropriate Building Permit. I would like to point out that I hope the foundation can be poured before any cold weather sets in before the Holidays. Sincerely yours Boris T. and Olga Shaskin 1055 Capt. Kidd Drive Matlitnnk, N.Y. 11952 Encls. - 2 September 26~ 1974 Building Department Town of Southold Town Clerk's Office Southold, N.Y. 11971 Gentlemen: Enclosed please find my check for $15.00, together with your application for a Zoning Ordinance appeal. At this time, a Building Permit is not being filed since I am still trying to re- ceive an estimate for the construction of this garage. If the at- tached requested appeal in zoning is approved by your Board, the Building Permit~ill be filed by the builder. Sincerely, B. T. Shaskin 90-50 Union Tpke. Glendale, N.Y. 11227 Shaskin, Boris T. & Olga 1055 Capt. Kidd Drive. Capt. Kidd Estates District A - Lot 184 I Sketch 1 Appeal 1960 Shaskin, Boris T. & Olga 1055 Capt. Kidd Dr. Capt. Kidd Estates District A - Lot 184 October 29, 1974 Building Department Town of Southold Town Clerk's Office Southold, New York 11971 Capt. Kidd Estates - Lot 184 District A 1055 Capt. Kidd Drive Dear Mr. Fischer: This is to confirm our telephone conversation of last week wherein you are making arrangements for the Variance Committee to come out and ~eview my variance request of September 26th which I understand was not approved. I have again checked the existing cesspools more carefully and with some possible limitations, might lower my variance request from 12' to 10' from the front of the building line. Anything over that, as you will note from the enclosed sketch, would create a handicap since the back of the garage would cover one of the cesspools. I wish to point out that this variance would affect none of my neigh- bors regarding the frontage. In fact, I would be the only one af- fected by having my view limited in looking out from the left end of my porch. My concern at this time in seeking approval of this variance as quickly as possible is that the cement floorbase of the garage has to be poured before the cold weather sets in and I trust that we can come to some equitable agreement when we meet next Monday, November 5. Sincerely, B. T. Shaskin 90-50 Union Tpke. Glendale, N.Y. 11227 TOWN OF SOU~)LD Building Inspector's Office Town Clerk Building Southold, N.Y. 765-2660