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HomeMy WebLinkAbout1880 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~IG BO~RD OF APPEALS Appeal No. 1880 Dated February 7, ACTION OF TI{E ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Howard L. Wolbert 6 Highland Avenue Jersey City, N. J. DATE ..E~-h.._..2.8, 1974 1974 Appellant at a meeting of the Zoning Board of Appeals on February 28, 1974 was considered and the action indicated below was taken on your ( ) Request for Variance due to lack of access to propert~ ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Bo~d it was determined that a special' exception ( ) be ~a~ed ( ) be denied pursuant ~ ~ticle .................... Section .................... Subsect~n .................... para~aph .................... of the Zoning ~dina~e and the dec,on of the Building Inspector ( ) be reversed ( ) be co~irmed b~ause 9:30 P.M. (E.D.S,T.), uponapplication Of Howard L. Wolbert, 6 Highland Avenue, Jersey City, N. J., for a variance in accordance with the Zoning Ordinance, Article III, See. 100-30, 100-31 and Bulk Schedule for permission to divide lot with insufficient width.~and area.~ Location of property: E/S West Hill R~ad, Mattituck, New. York, bounded north by J. Carlton; east by J. Carlton; sout~ by W. Smith; west by West ~i~l Road. 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 hardship because SEE REVERSE 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 deeislons of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 ) be denied and After investigation and inspection the Board finds that applicant requests permission to divide lot with insufficient width and area on property located on the east side of West ~ill Road, Mattituck, New York. The findings of the Board are that applicant is surrounded on three sides by lots that are one half acre or one quarter acre, and that this variance would not change ~ e character of the area. It would be an unusual hardship to require the applicant to furnish more land. 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, Howard L.. Wolbert, 6 Highland Avenue, Jersey.City, N. J., be GRANTED permission to divide lot with insufficient width and area on property located on the east side of West Eill Road, Mattituck,.New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. Pursuant to Section 267 al 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 thc Town of Southoid, at the Town Office, Main Road, Southold, New York, on Febru- ary 28, 1974 on the following appeals: 9:30 P. M. IEDST), upon ap- plication of Robert R. Annison, 6010 Sound View Avenue, SouLh- old, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct garage in front yard area. L~cation of property: S/S Sound View Avenue, Southold, New York, bOunded on the north by Bucldey; south by G. Lehmann; west by C. Booth. plication of Agneta H. Ewer, Smith's Ro~gl, Peconic, New York, for a variance in accord- ance with the Znning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to install kitche~ equipment in occessm7 buildq~g resulting in two dwellings on one lot. Location of property: W/S Smith's Road, Peconic, New York, Plot F. Indian Neck Park. 9:00 P. M. ~EDST). upon ap- plication of John Divello, Hill & Wickham Avenue, Mattituck New York, for a variance in ac- cordance with the Zoning Ordi- nance. Article Ill, Sec. 100-35 for permission to con- struct 7 foot chain link fence in front yard area. Location of property: E/S Wiekham Avenue and N/S IIiU Street, Mattituck. New York, bounded north by C. A. Price CO.; south by Hill Street; west by Wickham Ave- hue. plication of Stanley Fliss & Wife. Bray Avenue & AlbO Drive, Mat- tituck, Hew York, for a vsriance in accordance with the Zoning Ordinance; Article III. Sec. 100-30 and 100-31 and Bulk Schedule for permission to divide lot with cation of prooerty: Bray /xvenue and Albo Drive. Laurel N'ew York. bounded north by W. Brock; east by A]bo Drive; south by Bray Avenue; wes~ by ~ plication of l~v~I~l~L. Wolbert, N. J., for a varisnce in ~ccord- lance with the Zoning Ordinance. COUNTY OF SUFFOLK ~ SS: STATE OF NEW YORK C. Whitney Booth, .Jr., being duly sworn, soys 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 o printed copy, has been published in said Long Island Trove]er-Mottituck Watch- man once each week for .....((-~-:-..~--~.~.~:..~.Z~.. ..... weeks successively, commencing on the .................... dayo, ...... ...... " .... o / 19'//~/ ......... ~otory Pubr~ Article III, Sec. 100-30, 100-31 and Bulk Schedule for permis- sion to divide lot with insuffi- cient width and area. Location of property: E/S West Mill Road, Mattituck, New York, bounded on the north by J. Caxlton; east by J. Carlton; south, by II. Smith; west by West Mill Road. A~y person desiring to be heard on thc above appeals should appear at the time and place above specified. Dated: February 14, 1974 BY ORDER OF THE SOUTROLD TOWN BOARD OP APPEALS · 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 hearings will be held by the Zoning Board of AppeaLs of the Town of Seathold, at the Town Office, Main Road, Southold, New York, on February 28, 1974 on the following appeals: 8:30 P.M. (E.D.S.T.), upon application of Robert R. Aunison, 6010 Soundview Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to ceastruct garage in front yard area. Location of property: S-S Soundview Avenue, Southold, New York; bounded on the north by Soandview Avenue; east by J. Buckley; south by G. Lehmann; west by C. Booth. 8:45 P.M. (E.D.S.T.), upon application of Agneta H. Ewer~ Smith's Road, Peconic, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, SccUon 100- 30 and 100-31 and Bulk Schedule for permission to install kitchen equipment in accessory building resulting in two dwellings on one lot. Location of property: W-S Smith's Road, Peconic, New York, Plot F, Indian Neck Park. 9:00 P.M. (E.D.S.T.), upon application of John Divelio, Hill and Wickham Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec. (305), 100-35 for permission to construct 7 foot chain link fence in front yard area. Location of property: E-S Wiekham Avenue and Hill Street, Mattituck, New York, bounded north by Long Island Railroad; east by C.A. Price Co.; south by Hill Street; west by Wickham Avenue. permission to divide lot with insufficient width and area. Location of property: E-S West Mill Head, Mattituck, New York, beunded on the north by J. Carlton; east by J. Carlton; south by H. Smith;~ by West Mill · ' - being duly Sworn. Road. Any peroun desiring to be heardu*=er of file SUFFOLK on the above AppeaLs should~! fit Greenport. in said appear at the time and place' above specified, to annexed ts a l~inted Dated: February t4, 1~74 BY ORDER OF THE Suffolk Weekly Times BOARD OF APPEALS ~ ... weeks 9:16 P.M. (E.D.S.T.), upon application of. Stanley Fliss andy Commencing on file Wife, Bray Avenue and Albo~ Drive, Mattituck, New York, for- -' 19.7.4. a variance in accordance with the Zoning ordinance, Article III ......... Sec. 100-30 and 100-31 and Bulk 10' 2 Schedule for permission to divide ~ore me this ........... lot with insufficient width andFebruary area. Location of property: Bray ........ Avenue and Albe Drive, Laurel, ... New York, bounded north by W. Brock; east by Albe Drive; south by Bray Avenue; west by J. 9:30 P.M. (E.D.S.T.), upon. Iapplication of Harold L. Wolbert, 6 Highland Avenue, Jersey City, N.J., for a variance in ac- cordance with the Zoning Or- dinance, Article III, Sec. 100-30, 100-31 and Bulk Schedule for FOP~FI NO, 3 , TOWN OF SGUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ...................................................... , 19..?....~ ~o ~~~.~.....~.~......~.~... .... ~.../.~~...Z.. ....... ~ ...... ...... ............ PLEASE TAKE N ,~ t at your application dated .......... for permit to c~r~t .~...~...~..at the premises located at ...~.~.........~...~ ....... ....... ~.,...~>.~.~ .......... Street 9"~~J~-" Mop ...... .~ ...................... Block ..... ~ ................................ Lot ....... .~ .................................. is ,~,,,,~ :r~ d,sapproved on the fo,,owino orou.ds ......:...~....~..~.. .... ..:~......z.:....~.....~....~:~....~.....c...~.,...~.....¢.~...~ ........ .~..~..~...Lo.~....:....~..~.~.~/. ........ .~..~.~ .......... Building Inspe~ TOWN OF SOUTI~OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ^TE Name of Appellan¢ Street and Number ;r. ........................................................... HEREBY APPEAL TO Municipality State BOARD OF APPEALS FROM THE DECISION OF THE BUILDII,JG INSPECTOR THE TON NG ..................................... ........... .... WHEREBY THE BUIbDING INSPECTOR DENIED TO Xiame of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) To divide Existiug Lo~ 1. LOCATION OF THE PROPERTY ...$/,..~.....~..~.,~...~..$...]~......~...0...~..~. ...................... :'..~.,~....~..~...~..~.E~?..~.... Street Use District on Zoning Map ............... X ........................................... 3: ................ Mattit~ck Map No. 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 Ordi,nance.) A~tic~e 3 (Three) Section ~OO-301~1 Bulk S~hedule 3. TYPE OF APPEAL Appeal is made herewith for (X) 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 ]~l]Z~has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for c special oermit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Ve'iance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~wo) Single ~amily Residence~ fo~ benefit of my G~andchil~en. ~o~ ZB~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie~ or unneces- sar't HARDSHIP because ~ ~t.~ ~ ,- ~ ~ ~ ~ ~~ ~ ([ ~ [ 2. The hardship created is UNIQUE and is not s bared by all properties alike in the ~mrnediate vicinity of this property and in th;s' use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because; ~ ~-~.e-~-~- ~'-- ~ STATE OF NEW ~ ') ) COUNTY OF ~/~&~z ) SS Sworn to thi*; .............................. day of ..... ~'~... ........ :..., ............ ~. ..................... Signature April 11, 1974 Anthony J. Sabino, Esq. Carman, Callahan and Carman 280 Main Street Farmingdale, N. Y. 11735 Re: Application of Howard L. Wolbert Appeal No. 1830 Dear Mr. Sabino: In reply to your letter of April 8, 1974 regarding the above captioned application; each of the two lots which were created as a result of the Action of the Board of Appeals dated February 28, 1974 may be used for residential purposes. These newly created lots are legal building plots and a house may be constructed on either or both of them. The Wolberts may construct a house on each plot. Yours very truly, RWG:mm Robert w. Gillispie, Jr. Chairman CAR}lAN, CALLAIIAN AND CARMAN April 8, 1974 Southold Town Board of Appeals Southold, New York 11971 Attention: R.W. Gillispie Chairman Re: Application of Howard L. Wolbert Appeal No. 1830 Dear Mr. Gillispie: I would like you to know that I am greatly pleased and impressed at the efficiency with which your office has replied to my request regarding the above captioned matter. However, I feel I must still trouble your office with one further request. In your letter dated April 1, 1974, the second paragraph indicates that the Board approved of the division of property resulting in two lots. I am not familiar with the zoning ordinances of your Township, there- fore, I would like to know if these newly created lots are legal building plots. In other words, can the Wolberts construct a house on each plot? AJS:jm Very, truly yours, , Anthony J. ~ab'ino April 1, 1974 Anthony Sabino, Esq. 280 Main Street Farmingdale, N. Y. 11735 Dear Mr. Sabino: In reply to your telephone call of today's date, we are enclosing herewith corrected copy "Mill Road instead of Hill Road" of Action of the Zoning Board of Appeals dated February 28, 1974. The Action of the Board approves the division of property resulting in two lots - one lot to be approximately 23,296 sq. ft., and the other lot to be approximately 24,727 sq. ft. in size. Yours very truly, R. W. Gillispie, Jr., Chairman RWG:mm SQuthold Town Board of Appeals