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HomeMy WebLinkAbout1870 TO~VN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~G BOAI~D OF APPEALS Appeal No. 1870 Dated January 8, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Daniel J. & Margaret M. O'Connell Park Avenue Mattituck, New York DATE .~eb......1., 1974 AppeHant at a meeting of the ZonLng Board of Appeals on February 7, 1974 was considergd and ~he 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 EXCF~TION. By resolution of the Board ~ was determined that a spe~al exception ( ) be ~anted ( ) be dedied pursuant to ~ticle .................... Section .................... Subsection .................... paragraph .................... of the ~ning Ordin~ce an~ ~e dec.ion of the Building I~pector ( ) be reversed ( ) be co~irmed because 8:15 P.M. (E.D.S.T.), upon application of Daniel J. and Margaret M. O'Connell, Park Avenue, Mattituek, New York, for a variance in accordance with the Zoning Ordinance, Article'II17 SectionJ~100~30 and Bulk Schedule for permission to divide lot wifih~insufficient width and area for proposed:~lots. .Location of property:, south side'Park Avenue, Mattituck, New York, bounded north by Park Avenue; east by A. Locastro; south by Peconic Bay; west by R. Carleo. 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 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 of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 After investigation and inspection the Board finds that applicant requests permission to divide lot with insufficient width and area for proposed lots on property located on the south side of Park Avenue, Mattituck. The findings of the Board are that applicant is surrounded in the immediate neighborhood by lots that are smaller than the proposed lots of 30,000 sq. ft. and 31,000 sq. ft. 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, Daniel J. & Margaret M. O'C~nnell~, Park.Avenue, Mat~ituok, New Yor~,.be GR~NTED permission to divid~lot witkinsuffi~i~nt,,width and · ~.area for proposedlots on property,looated.on the south side of Park Avenue, Mattituck, New York, as applied for, subject to the following conditions: 1. That this property shall not be further divided. 2. That no other dwelling unit on the right of way on the easterly boundary shall be recognized. That there shall be. no side yard variances; the applicant shall fit the house to the property. Vote of the Board: Ayes:- Messrs: Doyen. Gillispie, Bergen, Noti'ce of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town Of Southo!d, Suffolk Count~, New York, public hearings will be,held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Roads Southold, New York, on February 7, i974 on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of Ernest M. Guettinger, Hemlock Drive Box 437~ Mastic Beach, New York, for a variance in accordance with the Zonzng Ordinance,Article III, Section 100-32, for permission no construct garage in fron5 yard area. Location of property: Oak Street, Cutchogue, New York, Map No. 856 Eugene Heights, Lots ~ 38, 39 and 40. 7:45 P.M. (E.D.S.T.), upon application of Peter Dohrman, Smith Lane, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31, 100-32 and Bulk Schedule for permission to construcn addition (deck) with insufficient setback from property line and high water mark. Location of property: south side of Oak Street~ Cutchogue, New York, Map of Eugene Heights, Lots ~ 24 and south half of 25. 8:00 P.M. (E.D.S.T.), upon application of Edward Yanke~ 31 Summit Drive, Smithtown, New ~ork, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30r 100-31 and Bulk Schedule for permission to construct new dwelling on lot with existing non-conforming summer cottage on widest part of ~ot; lot will have building line for new all year round property: E/S Bay Avenue, Mattituck, by E. R. Burke; east by James Creek; west by Bay Avenue less than 150 feet at house. Location of New York~ bounded nornh south by H. Baldwin; Legal Notice Pg. 2 8:15 P.M.~ (E.D.S.T.) , upon application of Daniel J. and Margaret M. O'Connel!, Park Avenue, Mattituck, New York~ for a variance !n~accordance with the Zoning Ordinance, Article Section 100-30 and Bulk Schedule for permission to divide lot with insufficient width and area for proposed lots. Location of property: south side Park Avenue, Mattituck, New York, bounded north by Park Avenue; east by A. Locastro; south by !~ Peconic Bay~ west by R. Carleo. 8:30 P.M. (E.D.S.T.), upon application of Henry E~ Raynor, (Raynor-Suter Hardware), 320 Love Lane. Mattituck, New York, a variance in accordance with the Zoning Ordinance,Article Section 100-70 and 100-71 and Bulk Schedule for permission Jr. for VII , to construct addition to store witk insufficient rear yard, offstreet parking, etc. Location of property: south side Pike Street, Mattituck, New York, bounded north by Pike Street: east by W. Fiore & Park District; south by L. Barker; west ov Drum Est° & Love Lane. 8:45 P.M. (E.D.S.T.), upon application of Elbert Eo Luce~ Jr. & George M. Vail (uncle) , Village Lane, Orient, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule - for permission ko divide lot and construct dwelling with insufficient area; and Sec%ion 280A Town Law for Approval of Access. Location of property: R.O.W. east side Village Lane, Orient, New York, bounded north by W. Schriever~ east by W. Schriever~ sout~ by M. Horton; west by G. Vail. 9:00 P.M. (E.D.S.T.), upon application of Audrey ~. Btodgett~ ~ a Narrow River Road, Orient, New York ~ ~or variance in accordance' with the Zoning Ordinance, Article III~ Section 100-30, 100-31 and Bulk Schedule for permission to construct dwelling with reduced setback° Location of propertY: N/S Narrow River Koad, Orient, bounded north by N. Manley & Others; east by Ro Luck; south by Narrow River Road (King St.); west by H. Applegate. 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 Southold, at the Town Office, Main Road, Southcld, New York, os February 7, lg/4 on the following appeals: 7:30 P.M. (E.D.$.T.), upon applicatiea of Ernest M. Guet- tinger, Hemlock Drive Box 437, Mastic Beach, New York, tbr a Zoning Ordtsahce, Article HI, ~qcction 100-32, for permission to construct garage in frunt yard area. Lucatiea of property: Oak Street, Cutchogue, New York, Map No. 8~ Eugene Heights, Lots No. 38, 39 and 40. 7:45 P.M. (E.D.S.T.), upon application of Peter Dohrman, Smith Lane, Pcceaic, New York, for a variance in accordance with the Zeaing Ordinance, Article IH, Bulk Schedule for permission to ceasiruct addition (deck) with insufficiont setback from property line and high water mark. Location of property: south side uf Oak Street, Cut~ chogue, New York, Map of Eugene Heights, Lots No. 24 and 9:~0 P.M. (E.D.S.T.), upon application uf Edward Yanke, Summit Drive, Smithtown, New York, for a variance in ac- dinence, Article IH, Scctian 30, 100-31 and Bulk Schedule for permission to construct new conforming summer cottage en widest part of lot;lot will have less thsn 150 feat at building line for new all year round house. Avonue, Mattituck, New York, bounded ma'th by E.R~ Burke; eaei by James Creek; senth by It. ~ 9:15 P.M. (E.D.S.?.I, ~arg~rut 31. O'C. oonell, Park Avenue, Mattituck, New Yo~, for a varianea in accordance with application of Elbert E. Lane, Jr. & George M. Vail (uncle), Village Lane, Orient, New York, for a variance in accordance with the Zonin4~ Ordinance, Article III, Section 100-30 and Bulk Schedule - for permission to divide lot and construct dwelling with in- sufficient area; and Section 280A Town Law for Approval of Ac* cess. Location of proper- ty:R.O.W, east side of Village Lane, Orient, New York, bounded north by W. Schriever; east by W. Schriever; south by M. Horton; west by G. Vail. 9:00 P.M. (E.D.S.T.), upon application of Audrey H. Blod~ett, Narrow River Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule for permission to construct dwelling with reduced setback. Location of property: N-S Narrow River Road, Orient, bounded north by N. Manloy & Others; east by R. Luck; south by Narrow River Road (Ring St.); west by H. Applegate. 9:15 P.M. (E.D.S.T.), upon application of Raymond & Ruth Woolfe, Fisher- Island, New York, for a ance in ac- cerdance with me Zoning Or- dieancc, Article IV, Section 10~ 40 and 100-41 and Bulk Schedule for permission to divide house end lot with in 'cient area in either section ,.~., no sideyard where house ia divided. Location of property: N-S Whistler Avenue, Fishers Island, bounded north by Boccock & G~llagher; COUNTY OF SUFFOLK, Fishers Island School STATE OF NEW YORK, ! ss: east District; south by Whistler Avenue; west by J. Pickett. S~ua~"t C, Dorma~ being duly Sworn, 9:30 P.M. (E.D.S.T.), upon ...................................... application of Ann Werber, 87 Beach Road, Kings Point, New says that . ~.e.... is Printer and Publisher of the SUFFOLK York, for a variance in ac- cerdance with the Zoning Or- W~KLY TIMES, a newspaper published at Greenport, in said dinance, Article IH, Section I00- county; and that the notice, of which the annexed is a printed 30, 10o-31 and Bulk Schedule for permission to construct new dwelling with insufficient area. copy, has been published in the said Suffolk Weekly Times Locatiea of properS: P vate once in eoch week, .......... ?.n.e.. !.1]. ........ weeks Road - S-S Indian Neck Lane, Pcconic, bounded north by Indian successively commencing on the ........... ~.~ ~ .~ .......... Neck Lane; east by D. Branch; ~~. south by Pccoufc Bay; west by day of .... .J.~. ................ 9:~ P.M. (E.D.S.T.), upon ~ ~ ..... application of Charles Mc- Cormack, 19 Tunetall Road, Sworn to before me this .... ........ Scaredalo, New York, for a January .... 19 7~. variance in accesdenea with the day of ............. ~ ......... Zo~in_~ Ordinance, Article IH, Sec. 100-~4 end 100-31 and Bulk Schedule for permission to ceaetruct addition with reduced average setback. Lecation of property: E-S Reydon Drive, Lots 18, 19 and 20. 10:00 P.M. (E.D.S.T.), upon application of Joseph W. Petra*mk~s, Hill Street, Mat- tituck, New York, for a variance Ordim~nea, Article XIV, Section 100-144 and Article III, Sec. 100- the ZOnl.~ Ordinance, Article III, Section 1~0-.~ and Bulk Schedule 31, and Bulk Schedule ~or per- for permission to divide lot with mission to add structure to insufficient width and area for mobilehomewhichdoesnotmcct proposed lots. Location of Istondards of setbacks, living property: south side Parklarea for Certificate of Oc- Avenue, Matfituck, New York, cupancy. Location of property: bounded north by Park Avenue; · South side Hill Street, Mattituck, east by A. Loeaslro; south by · New York, bounded north by Hill pcconic Bay; west by R. Carlea..~ upon~ Street; east by C. Whalen; south by F. Tyler & Reeve; west by American Legion. Any porson desiring to be beard on the above appeals should appear at the time and place above specified. Dated: January 24, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAI~ 8:30 P.M. (E.D.S.T.), applicatien of HemT E. Raynor, Jr. (Raynor*Suter Hardware), 320 Love Lane, Mattitock, New York, for a variance in ac- 70 and 100-71 and Bulk .~lole for permissiea to ceaetruct ad- dition to store with insufficient rem' yard, uffstreat parking, etc. Location of proparty: south side Pike Street, Mattituck, New York, bounded north by Pike Street; east by W. Fiore & Park District; south by L. Barker; west by Drum Est. & Love Lane. 8:S5 P.M. (E.D.S.T.), upon NOTIC~ OF HEARINGS Pursuant to Section g6~ of the Town Law and the provleiolts of the Amended Building Zone Ordinance of the Town of Southold, Buffolk County, Hew York, public hearings wilt be held by the Zonin~ Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on Yebru; ary ?, 19/4 on the following peals: ~:30 P. M. (~DSTI, upon ap- plication of Ernest M. Ouetting- er, Hemlock Drive BoX 4~7, Mas- tic Beach, New York, for variance in accordance witi~ the Zoning Ordinanne, Article .17I, Section 100-~2, for permission to construct garage in front yard area. Location of property: Oak Street. Cutci~ue_ New York. Map No. 856 Eugene Height,s, Lota No. ~8, 39 and 40. pllcation of Peter Dohrman, Smith Lane, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Ar- ticle HI, Section 100-30, 1~0-31, 100-32 and Bulk Schedule for permission to construct' addition (deck) with Insufficient setback from prol~rty .line and high water mark~ L~cat~on of yrol~ Cutchogue, 'New York, Map of Eugene Heights, Lots No. 24 and south half of 25. 8:00 P. M. (EDST), upon ap~ plicatlon of Edward Yanke, 31 Summit Drive, Smithtown, New York, for a variance in accord- arise with the Zoning Ordinance, Article III, Section 100-30, 100- 31 and Bulk Schedule for per- mission to construct new dwell- ing on lot with existing non- conforming sunllner cottage on widest part of lot; lot will have less than 150 feet at building line for new all year round house. Location of property. E/S Bay Avenue, Mastituck, New York, bounded north by E. R. Burke; east by James Creek Baldwin; w Bay Avenue. 8:15 P. M. (EDST), upon ap- plication of Daniel J. and Mar- garet M. O'Connell, Park Avenue Mattltuck, New York, for Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission fo divide lot with insufficient width and area for prolx~ed lots. Location of prop; erty: south side Park Avenue, Mattituck, New York, bounded north by Perk Avenue; east by A. Locastro; south by Pecenic Bay; west by H. Carleo. ~ 8:30 P. M. (EDST), upon ap- plication of Henry E. Raynor, Jr. (Raynor-Suter Hardware), 320 Love Lane, l~attituck, New York, for a variance in accord- anco with the Zoning Ordinance, Article VII, Section 100-70 and 100-71 and Bulk Schedule for permission to construct addition to store with insufficient rear yard, offstrect parking, etc. Lo- cation of property: south side Pike Street, Mattituck, New York, bounded north by Pike Street. east by W. Fiore & Park District; south by L. Barker; west by Drum Est. & Love Lane. 8:45 P. M. (EDST), upon ap- plication of Elbert E. Luce, Jr. & George M. Vail (uncle), Vil- lage Lane, Orient, New York, for ~variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Sehed- ule--for permission to divide lot and construct dwelling with sufficient area; and Section 280A Town Law for Approval of Ac- cess. Location of property: R.O.W. east side Village Lane, Orient, New York, bounded north by W. Sehriever; east by W. Schriever; south by M. Horton; west bf G. Vail. 9:00 P. M. (EDST), upon ap- plication of Audrey H. Blodgett, Narrow Hiver Road, Orient, New York, for a variance in accord- anco with the Zoning Ordinance, 31 and Bulk Schedule for per- mission to construct dwelling with reduced setback. Location of prbpe ~',: N/S Narrow River Road, ( ,t, bounded north by N. Manlcy & Others; east by R. Luck; south by Narrow River Road (Ki~ St.); west by H. Applegate. 9;15 P. M. (EDST), upon ap- plication of Raymond & Ruth Woolfe, Fishers Lsland, New York, for a variance in accerd- anco with the Zoning Ordinance, Article IV, Section 100-40 and 100-41 and Bulk Schedule for permisaion to divide house and lot with insufficient area in either section and no sideyard where house is divided. Location of property: N/S Whistler Ave- nue, Fishers Island, bounded north by Boocock & Gallagher; east by Fishers Island School District; south by Whistler Ave- nue; west by J. Pickett. 9:30 P. 1Vi. (EDST), upon ap- plication of Ann Wether, 87 Beach Road, Kings Point, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule for permis- sion to construct new dwelling with insufficient area. Location of property: Private Indian Neck Lane, Peconic, bounded north by Indian Neck Lane; east by D. Branch; south by Peconic Bay; west by Indian Neck Park Subdivision. 9:45 P. M. (EDIgT), upon ap- plication of Charles McCormack, 19 Tunstall Road, Scarsdale, New York, for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Sec. 100-34 and 100-31 ~nd Bttlk Schedule for permission to construc~ ad- dition with reduced average set- back. Location of property: E/S Reydon Drive, Reydon Shores. Re-sub Sec. P, ~,i lots 13, 19 and 20. 10:00 P. M. (EDST), upon ap- plication of Joseph W. Petraus- kas, Hill Street, Mattituck, New York, for a variance in accord- ance with the Zoning Ordinance, Article XIV, Section 100-144 a~d Article III, Sec. 100-31, and Bulk Schedule for permission to add structure to mobile home which does not lneet standards oI set- backs, living area for Certificate of Occupancy. Location of prop- erty: South side Hill Street, Mattituck, New York, bounded north by Hill Street; east by C. Whalen; south by F. Tyler & Reeve; west by American Legion. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: Janua,?/ 24, 19~4 BY ORDER OF THE SOUTHOLD TOWN BOARD OP APPEALS COUNTY OF SUFFOLK STATE OF NEW YORKj' ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TP~\VELER - MATTITUCK WATCHMAN, a public news- ~aper printed at Southold, in Suffolk County; and that :he notice of which the annexed is a printed copy, has been ~ublished in said Long Island Zraveler-Mattituck Watch- nan once each week for ..... ~..~.~(.-¢.4~....~.~.~.... week, s/ .uccessively, commencing on the .............:.-)-~'..~ .................. Jay of .............. ~&gYC ........ ~, 19.~. ........... : ..... ....................... ~orn to before me this .ff~ day of ............ ........ ........... TOWN OF SOUTHOLD BUILDING I~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL ~,,e No .................................................................. Do~e ................ ~.~ ....... ~..~ ......... , ,9..~.~ ............. ~.~.../...~.....i ~/:..:~ ....... ~ .............................................. Mop .............. ~ ................... Block rcturncd herewith and disapproved on the following grounds ........................................................... .......... ~~......~.~.~.....~.....~.~..~ ...... ~.~.~..~.~z~ .... ~...~...o.,..~......~._~..~.?...~... ..................................... i ................................... ............... i~......~_ Z~.....r..~...0...?..~- ....... ~...~~~ .............. i~L~ii~ii~"i~t ..... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ,/ DATE .../.~..~Z~.....~,, ........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Daniel J; and ~rgaret M. 1, (We) ............ .0.! C~e~lt ............................ :.of ....... ..~.~..~k...~...V.e.. ,..~ ............................................. Name of Appella,nt Street and Number ~attituek .~.'.~.'. ......... ........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL,CAT,ON FOR PERMIT NO ..................................... DATED .......... ................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( ) Name of Applicator for permit of .................. ................ .................. .................... Street and Number Municipality State PERMIT TO USE ) ~ERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTy ...... .?.~..~..~.....~...~..e..~. ........................ .."..~..".....D...~.~..~..,. ........................... Street Use District on 'Zoning Map 8eetlen 8 11 /v/ap 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 Ordinance.) Art. 3 Section 301 & Bulk Schedule TYPE OF APPEAL Appeal is made herewith for 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 (E~r~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance re Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE Would produce practical difficultiem or unneces- sary HARDSHIP because ~ have owned this property Since 195$ - 25 years - and have made mse of only 30% ef the gross a~ea of 1.66 acres amd the present zoning regulation ~ not in effect for'~ :~umb~r of years after the purchase , ,- : ~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because n?~l~erous properties bot~t to the west a~d the~-~ast have two"er me~e buildings on plots equal or lesser area. The adjoining property to the west, of e~al Size, new has fo~r (~) houses on it. 3. The Variance would observe the spirit of the Ordinan.ce a~ WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because t~e ~ddit!o~o~se re~[ueste~ ~ul~l be surrounded by trees and would be sit~ated at leas~ 6~ f~et ~aek from Park Avenue. Yt would not affect the density or character of the area in any respect. /Q z ~,. ~} ss ~._.~.,....~:..~.~~ ..... COUNTY OF L~,'~ZY ~¢. ) // Signature 3worn to this ......... L .................................. day~f ........................................ ~ ......... lff~ No. 3~q321500 MC)orand.um from.... BUILDING INSPECTORS OFI~'iCE TOWN OF $OUTHOLD TOWN HALL, SOUTHOLD, N. Y. 11971