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HomeMy WebLinkAbout1884~00 Boisseau Ave. Robert & Linda Wheeler 08~ ~3391 acey's allowed in rear yard only swimm~ng pool in s~de ygrd filed 8/2/85 ~ ,~. I ~5~'-~ P~. , ~I~/~ TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appem No. 1884 Dated March 18, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mary E. Wheeler & Linda J. Wheeler 3500 Boisseau Avenue Southold, New York DATE~_..~, 1974 Appellant at a meeting of the Zoning Board of Appeals on April 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 ( i~ Request for 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 ~ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the de~i~ion of the Building Inspector ( ) be reversed ( ) b, cordirmed because 7:45 P.M. (E.D.S.T.), upon application of Mar~- E. Wheeler and Linda J. Wheeler, 3500 Boisseau Avenue, Southold, New York, for a variance in accordance with the Zoning Ord_inance, P. rticle III, Section 100-30, 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: east side of Boisseau Avenue, bounded north by J. Carroll & Ano.; east by J. Carroll and Yennecott Park; south by Yennecott Park; west by Boisseau Avenue. 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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ) be denied and --Chff~l~ ¢9~rd'0f ~[~De~ Marjorle McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide lot with insufficient width and area on the east side of Boisseau Avenue, Southold. The findings of the Board are that the two parcels were acquired at separate times prior to 1971 when the minimum lot size of the Ordinance was increased to 40,000 sq. ft. The Board also finds that properties largely surrounding these two properties are composed of one half acre lots known as Yennecott Park. 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, Mary E. Wheeler & Linda J. Wheeler, 3500 Boisseau Avenue, Southold, be GRANTED permission to divide lot with insufficient width and area on the east side of Boisseau Avenue, Southold, subject to condition that Parcel One and Parcel Two shall revert to the original dimensions as indicated on sketch. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the To%~ Law and the provisions of the Amended'Building Zone Ordinance ~f 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 April 11, 1974 on the following appeals: 7:45 P.M. (E.D.S.To) upon application of Mary E. Wheeler and Linda J. Wheeler, 3500 Boisseau Avenue, SQuthold, New Yerk, for a variance in accordance with the Zoning Ordinance, Art~cl~ III, Section 100-30, 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area° Location of property: east side of Boisseau Avenue, bounded north by J. Carroll & Ano.; east by J. Carroll & Yennecott Park; south by Yennacott Park; west by Boisseau Avenue. 8:00 P.M. (EoD.S.T.) upon application of Gasper Pisacano, Cedar Baach Road, Southold, New York, for a variance in accordance with the Zoning Ordinance~ Article III, Section 100-30, 100-31 and Bulk Schedule for permission to redivide property with insufficient area. Location of property: Cedar Beach Road, Paradise Point Road, Southotd, New York, bounded north by A. Weymouth II; east by E. Heacock & Wf; south by Cedar Beach Road; west by Paradise Point Road~ 8:15 P.M. (E.D.SoT.) upon application of Lloyd Terry~ Main Road, Orient, New York~ for a special exception in accordance with the Zoning Ordinance~ Article I I~ Section 100-30 B $ (a), for perm~ Location of property: south bounded north by Main Road; Terry Estate; west by Edward ~atham. far~'labor camp. d, Or£~nt NsWi York~ Notice of Hearings Pursuant to Section 267 of 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 Southold, at the Town Office, Main Road, South- old, New York, on April 11, 1974 on the following appeals: 7:4S PM (E.D.S.T.) upon aj3]yi~ca- tion of Mary E. Wheeler and Linda J. Wheeler, 3S00 Boisseau Avenue, Southold, New York, for a variance in accordance with the Zoning Ord- inance, Article II1, Section 100-30, 100-31 and Bulk Schedule for per- mission to divide lot with insufficient width and area. Location of property; east side of Boisseau Avenue bounded north by J. Carroll &Ano, east by J. Carroll & Yennecott Park south by Yennecott Park; west b3 Boisseau Avenue. ~ 8:00 PM (E.D.S.T.) upon applica- tion of Gasper Pisacano, Cedar Beach Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article 111, Sec- tion 100-30, 100-31 and Bulk Sched- ule for permission to redivide prop- erty with insufficient area. Location of property: Cedar Beach Road, Paradise Point Road, Southold, New York, bounded north by A. Wey- mouth II; east by E. Heacock -- Wf; south by Cedar Beach Road; west by Paradise Point Road. 8:1S PM (E.D.S.T.) upon applica- tion of Lloyd Terry, Main Road, Orient, New York, for a special ex- ception in accordance with the Zon- ing Ordinance, Article III, Section 100-30 B 8 (a), for permission to op- erate farm labor camp. Location of property: south side Main Road, Orient, New York, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Ed- ward Latham. 8:30 PM (E.D.S.T.) upon applica- tion of George L. Penny IV, Sound View Avenue, Southold, New York, for a variance due to lack of access, Town Law, Sec. 280A, Sub 3, for ap- .proval of ac~cesg to interior Io~. Loca- tion o{ property: south side Sound View Avenue, Southold, bounded north by Sound View Avenue; east by D. R. Grattan; south by D. R. Grattan; west by Robert Bayley. 8:4S PM (E.D.S.T.) upon applica- tion of Paul & Michele Cusumano, Fleetwood Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to use existing struc- ture for additional living space with insufficient sideyard. Location of property: Fleetwood Road, Cut- chogue, New York, bounded on the north by Fleetwood Road; Cast by Fleetwood Road; south by E. Han- sen; west by H. Meyer. 9:00 PM (E.D.S.T.) upon applica- COUNTY OF SUFFOLK / STATE OF NIz-~V YORKt ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATFITUCK 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 ..... ~.~;;;z,c.<...:...c...~: ..... wee,b~ successively, commencing on the .............. ...~:...~..~.~.. ........... day of ........ Sworn to before me this ......... .~ ......... day ......... ...... of NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the. Amended Building Zone Ordinance of the Town of Southuld, 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, Scuthold, New York, on April 11, 1974 on the following appeals: - -- ~7:45 P.M. (E.D.S.T.) upon application of Mary E. Wheeler and Linda J. Wheeler, 3500 Boisseau Avenue, Southold, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30, 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: east side of Boisseau Avenue, bounded north by J. Carroll and another; east by J. Carroll and Yennecott Park; south by Yeunecott Park; west by Boisseau Avenue. ~ 8:00 P.M. (E.D.S.T.) upon application of Gasper Pisacano, Cedar Beach Road, Scuthold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule for permission to redivide property with insufficient area. Location of property: Cedar Beach Road, Paradise Point Road, Southold, New York, bounded north by A. Weymouth H; east by E. Heaceck and wife; south by Cedar Beach Road; west by Paradise Point Road. 8:15 P.M. (E.D.S.T.) upon application of Lloyd Terry, Main R~ad, ~eient-, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B 8 (a), for permission to operate farm labor camp. Location of property: south side Main Road, Orient, New York, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Edward Latham. 8:30 P.M. (E.D.S.T.) upon application of George L. Penny IV, Sound View Avenue, Southold, New York, for a variance due to lack of access, Town Law, Section 280A, Sub 3, for approval of access to interior lot. Location of property: south side Sound View Avenue, Southo~. ~_uuded north by Grattan; south by D.R. Grattan; west by Robert Bayley. 8:45 P.M. (E.D.S.T.) upon application of Paul and Michele Cusumano, Fleetwood Road, Cutchogue, New York, for a Zoning Ordinance, Article III, Section 100~31 and Bulk Schedule for permission to use existing structure for additional living space with insufficient sideyard. Location of property: Fleetwood Road, Cotchogue, New York, bounded on the north by Fleet- wood Road; east by Fleetwood Road; south by E. Hansen; west by H. Meyer. 9:00 P.M. (E.D.S.T.) upon application of Edwin W. Stewart, 20 Carole Road, Sauthold, New York, for a variance in ac- ! ;~..~;.~:~:with the Zaning Or- dinance, Chapter 100, Section 100- 32B, for permission to locate accessory building in side yard with insufficient area to property line. Location of property: 20 Carole Road, Southold, New York, bounded on the north by M. Kuermer; east by Ar- shamomaque Pond; south by Arsharoomaque Pond: west by for permission to use building as auto repair (body shop/ cation of property: Sound ,~venue, Mattituck, bounded on the north by North Fork Bank; east by Love Lane; south by Scand Avenue; west by Epia.copal Charcli. 9:30 P.M. (E.D.S.T.) upon application of Fogarty In- corporated, Box 1000, Main Road, Mattituck, New York, for a I variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (b) (1) to maintain sign of excessive size. Location of property: 7055 Main Road, boonded on the north by Long Island Railroad; east by D. Tuthill; south by Main Road; west by W. Ritzer. 9:45 P.M. (E.D.S.T.) upon application of North Fork Baptist Church, Route 27A, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (2) (3) (4) (6) (7) for permission to expand the present ministry to include a youth hostel. Location of property: Route 27A, Mattituck, bounded on the north by Horton Avenue and W.A. Kaiser; east by C. Sanders and C. Born; south by County Road 27; west by J. Haas. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: March 29, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK. ~ ss: ........ S.~U. ~J;..C.,...D.Q .rm.a.n. ........... being duly Sv, soys that ...he... is Printer and Publisher of the SUFF, W~-KLY TIMES, a newspaper published ~xt Greenport, in county; and that the natic~, of which the annexed is ~ pti copy, has been published in the s/fid Suffolk Weeklq once in each week, f~r one (1) successively Commencing on the day Of .... ..... 19.~/+ .......... Swam to before me this . ./~.~h ...... day of ..... A. p~i/~ ...... 1 ,~ ' ":/:':, .... r ...... TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Dote ..................................................... , 19 ........ ..~~:.//. ......... ~.~ .................. ..... ~ .............................................. s~.ee, ~J4 Mop ........... ..~.. .................... Block ....... ~ .............................. Lot .......~.~.. ...................................... disapproved on the following grounds ...... ~..~..~.....~... .... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /~ ~2 f TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Mary E. Wheeler and 4~-~ ~-~ o ~, (We) Li~d~...~.....~L~.~ ............................of ..(~p...~m~.~r.)...~p~.,~..~.y.¢J~.~.~ ....... Neme of Appella,n~ Street and Number Municipality ~..~.~.,.~..o..~.~ ........ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIblG INSPECTOR ON ^PPL,CA TIO FOR PERM,T NO ..................................... DATED ............. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( : ( ) Linde J. Wheeler Name of Applicant for permit of (no number) Boisseau Avenue, Southold, I~ew York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ~a.s.t.....s..i...d...e....o...f,....B.9..i..s...s..e...a,,u...A,v...e.:. ....... ..A,.'7..R..e..s...i..d..,e.,n.,t.,i..a..1 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 Paragraph of the Z~oning OrdLna~ce by number. Do not quote the Ordi,nance.) 3: TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE fo the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. ] 6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (ha.s 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 (X) A Variance to the Zoning Ordinance () ~ is requested forthe reasonthat Mary E. Wheeler, as devisee under the Las~ Will and Testament of Mary M. Freeman received title to the Freeman home situated on a plot of land northeasterly of the subject premises as shown on the sketch attached hereto. Mary E. Wheeler, as devisee under the Last Will and Testament of Mary M. Freeman also received title to the vacant lot which is the subject of this application, the title of which lot was derived through a different chain, having been purchased from Donald Tuthill. The two Fo~ ZBi parcels are (Continueanotherside) COntiguous and were conveyed by the attorneys of the estate of Mary M. Freeman to Mary E. Wheeler by one deed, the Freeman homestead being referred to as parcel I in the deed and the vacant lot being referred to as Parcel II, all as shown on sketch attached hereto. Mary E. Wheeler now desires to convey the southerly vacan (continued) parcel to Linda J. Wheeler, her daughter-in-law, so that she may construct a home thereupon. ~ REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaus'e unless relie£ ±s obtained, the southerly vacant lot, which was purchased as a separate parcel, would be unuseable. 2. The hardshipcreatedis UNIQUEandisnotshored by al{ properties ali~ in the immediate vicini~ ofthisprope~y and in this use district because the techn±ea2 jo±rider and merger of the two parcels was caused by the incident of the death of Mary M. Freeman, whose estate deeded out the two properties to one named person thereby causing a technical merger. 3. The Variance would obse~e the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the dimensions and areas of the lots as shown on the attached sketch, if separated, would be generally consistent with other lots on Bolsseau Avenue. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SWOl Mary E. Wheeler and Linda J. Wheeler, Signature Lefferts P. Edson, Attorney ~ ............. ~8.th .......................day of ............. INO"J'A'RY PUBLIC, S~'e ~,~ :N~w No. 52-0465530 - Suffolk by: 3' lb' W - ~33D '