Loading...
HomeMy WebLinkAbout1937 TOWN OF 80UTHOLD, NEW YOKE ACTION OF THE ZONI~;G BOARD OF APPEALS Appeal No. 1937 Dated July 26, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Charlotte O'Keefe P. O. Box 1175 Mattituck, New York DATE . Aug.._.22, 1974 Appellant at a meeting of the Zoning Board of Appeals on August 22, 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 (X) Request for a variance to the Zoning Ordinance ( ) 1974 the appeal 1. SPECIAL EXCEPTION. Byre~tion of the Board ~ was determined that a special exception ( ) be granied ( ) ~ de~ed pursua~ to Art~e .................... Section .................... Sub~ction .................... paragraph .................... of the Zoning O~inance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:50-P.M. (E.D.S.T.) upon application of Charlotte O'Keefe, P. O. Box 1175, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off dwelling on small lot with insufficient side yard. Location of property: S/W Deep Hole Drive-, Mattituck, bounded on the north by C. Ruttan; east by Deep Hole Drive; south by M. Nash; west by Deep Hole Creek. 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 umnecessary 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) charge the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be d~niad and that the previous decisions of the Buiiding Inspector ( ) be confirmed ( ) be reversed. A PROVED SEE REVERSE FORM ZB4 ' i' ~:,~ · Mar~ori'~]e McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to set off dwelling on small lot with insufficient side yard on the southwest side of Deep Hole Drive, Mattituck. The findings of the Board are that in granting this variance to divide this property the Board is recognizing an existing situation which will not change the character of the neighborhood, and will observe the spirit of the Ordinance. 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, Charlotte O'Keefe, Deep Hole Drive, Mattituck, New York, be GRANTED PERMISSION TO set off dwelling on small lot with insufficient side yard on the south- west side of Deep Hole Drive, Mattituck, as applied for, subject to the following condition: That the sideyards affecting the cottage shall not be diminished in the future. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, Hulse, LEGAL 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 Southold, Suffolk County, New York, public hearings will be held by the Zoning Board or.Appeals of the Town of Southold, at the Town Offioe, Main Road, Southold, New York, on August 22, 1974, on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Bouton Services, Inc., Crescent & Fox Avenue, Fishers Island a/c William D. Gaillard, Jr., Bell Hill Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 C and Bulk Schedule for permission to construct accessory building an side yard area. Location of property: W/S Bell Hill Avenue, Fishers Island, N. Y., bounded on the north by Carter; east by Bell Hill Avenue; south by J. P. Galliard; west by J. P. Gaillard. 7:50 P.M. (E.D.S.T.) upon application of Charlotte O'Keefe, P. O. Box 1175, Mattituck, N. ¥. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission set off dwelling on small lot with insufficient side yard. Location of property: S/W Deep Hole Drive, Mattituck, bounded on the north by C. Ruttan; east by Deep Hole Drive; South by M. Nash; west by Deep Hole Creek. 8:05 P.M. (E.D.S.T.) upon application of James Pim & Wife, New Suffolk and Reeve Avenues, Mattituck, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 C for permission to construct accessory building in legal front yard area. Location of property: Reeve & New Suffolk Avenues, Mattituck, New York, bounded on the north by Brooklyn Diocese; east by Reeve Avenue; south by New Suffolk Avenue; west by L. Reeve. Legal Notice Page 2 8:15 P.M. (E.D.S.T.) upon application of Edward & Gloria Praetz, North Road & Beverly Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Schedule for permission to construct addition to dwelling with reduced setback in front yard on Private Road. Location of property: North Road (CR 27) & Beverly Road, Southold, bounded on the north by North Road (CR 27); east by Brady; south by Gisaitis; west by Beverly Road (Pvt. Rd.). 8:25 P.M. (E.D.S.T.) upon application of Gary F!anner Olsen, Main Road, Mattituck, N. Y. a/c Zdzislaw Mikolajczyk, 2 Johns Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 & Article XI, Section 100-112 and Bulk Schedule for permission to convert existing building (non-conforming business building) with insufficient side and rear yards and insufficient parking for proposed use. Location of property: N/W side Main Road, Mattituck, New York, bounded north by Cemetery; east by Main Road; south by M. Nine; west by Cemetery. 8:40 P.M. (E.D.S.T.) upon application of Gordon Ahiers, P.E., 188 Manor Lane, Jamesport, N.Y. a/c Brasby's Mattituck Manor, Box 344, Main Road, Mattituck, N. Y., for a variance in accord- ance with the Zoning Ordinance, Article iii, Section 100-34 and 100-35 A for permission to construct stone wall fence with excessive height of piers and lights 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. Pg. 3 Legal Notice 8:50 P.M. (E.D.S.T.) upon application of Finn B. Jensen and Barbara Jensen, 150 Gulf Street, Milford, Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property and use as single lots with insufficient area. Location of property: Fleets Neok, Lots No. 3 and No. 4, Map of Eastwood Estates, Map No. 3683, Cut~hogue, New York. Any person desiring to be heard-on the above Appeals should appear at the time and place above specified. Dated: August 8, 1974 BY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, August 15, 1974, AND FORWARD SEVEN (7) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TWON BOARD.OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on August 8, 1974: The Suffolk Weekly Times The Long Island Traveler-MattituckWatchman Supervisor Albert M. Martocchia Bouton Services, Inc. a/c William D. Galliard Charlotte O'Keefe James Pim & Wf Edward & Gloria Praetz Gary Flanner Olsen a/c Zdzislaw Mikolajczyk Gordon Ahlers a/c Brasby's of Mattituck Manor Finn B. & Barbara Jensen LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the ~ Law and the provisions of the Amended Building Zone Ordinance of the Town of Soutbeld, 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 August 22, 1974, on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Bouton Services, Inc., Crescent and Fox Avenue, Fishers island a-c William D. Galliard, Jr, Bell Hill Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article IH, Section 100-32 C and Bulk Schedule for permission to construct accessory building in side yard area. Location of pro- perry: W-S Bell Hill Avenue, Fishers Island, N.Y., beanded on the north by Carter; east by Bell Hill Avenue; south by J.p. Galliard; west by J.P. Galliard. w7:50 P.M. (E.D.S.T.) upon application of Charlotte O'Keefe, P.O. Box 1175, Mattithck, N.Y. for a variance in accordance with the Zoning Ordinance, Article II] Section 100-30 and Balk Sehedai, for permission set off dwelling ol small lot with insufficient side yard. Location of property:S-W Deep Hole Drive, Mattituck, bounded on the north by C. Ruttan; east by Deep Hole Drive; South by M. Nash; west by Deep Hole Creek. ~ 8:05 P.M. (E.D.S.T.) upon application of James Pim and wife, New Suffolk and Reeve Avenues, Mattitunk, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 C for permission to construct accessory building in legal front yard area. Location of property: Reeve and New Suffolk Avenues, Mattituck, New York, bounded on the north by Brooklyn Diocese; east by Reeve Avenue; south by New Suffolk Avenue; west by L. Reeve. 8:15 P.M. (E.D.S.T.) upon application of Edward and Gloria Praetz, North Read and Beverly Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-1M and Bulk Schedule for permission to construct addition to dwelling with reduced setback in front yard on Private Road. Location of property: North Read (CR27) and Beverly Road, Southold, bounded on the north by North Road (CR 27); east by Brady; south by Gisaitis; west by Beverly Road (Pot. Rd). 8:25 P.M. (E.D.S.T.) upon application of Gary Flanner Otsen, Main Road, Mattituck, ~o~nS~,l~Oa~Sla~ Mikolajczyk, 2 York, for a variance in ac- cordance with the Zoning Or- ainance, Article VI, Section 100- 61 and Article XI, Section 100-112 and Bulk Schedaie for permission lo convert existing building (non- conforming business building) with insufficienl side and rear yards and insufficient parking for proposed use. Location of property: N-W side Main Read Mattituck, New York, bounded north by Cemetery: east by Main Road, south by M. Nine; west by Cemetery. 8:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, P.E., 188 Manor Lane, Jamesport, N.Y. a-c Brasby's Mattituck Manor, Bo- -ti, Main Road, Mattituck, I~, , for a variance in accordance with the Zoning Ordinance, Article HI, Section 10034 and l~ '~5 A for permission to cons .t stone wall fence with excessive height of piers and lights in front yard area. Location of property: Main Road and New Suffolk Avenue, COUNTY OF SUFFOLK, Mattituck, bounded north by New STATE OF HEW YORK, ~ ss: Suffolk Avenue; east by J. j Wickham; south by Peteco Realty; west by Main Road. Stuart C. Dorman 8:50 P.M. (E.D.S.T.) upon ...................................... application of Finn B. Jensen and says that . .h..e... is Printer wad Publisher of the SUFFOT.~r Barbara Jensen, 150 Gulf Street; Milford, Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property and use as single lots with in- sufficient area. Location of property: Fleets Neck, Lots No. 3 and No. 4, Map of Eastwood Estates, Map No. 3683, Cut- chogue, New York. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: August 8, .1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS being duly Sworn. WEEKLY TIMES, a newspaper published at Greenport, in said county; and thor the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in eoch week, for one (1) successively commencing on the 15th day of .... ^~'~: L~_ 74 Sworn to before me this., ..l~.~.h.... / - ..... i .............. / ~o~,~g 'ara~¢ 'oE' ~f~ .¥~ .................. · ff Re~i~}~ in Suffolk County Ctks. No. 52-9366350 My Commission Lxpires March 30, 19 Notice of Hearings Pursuant to Section 267 of thc Town Law and the provisions of hc Amended Building Zone Or- dinance 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 August 22, 1974, on Ihe following appeals: 7:40 P.M. {E.D.S.T.) upon ap- }lication of Bouton Services, lnc., Crescent & Fox Avenue, Fishers sland a/c William D. Galliard, Jr., Bell Hill Avenue. Fishers Island, New York for a variance in accordance with the Zoning Or- dinance. Article 111, Section 100- 32 C and Bulk Schedule for permis- sion to construct accessory build- lng in side yard area. Location of iroperty: W/S Bell Hill Avenue, :ishers Island, N.Y., bounded on he north by Carter; east by Bell Hill Avenue; south by J. P. Galliard; west by J. P. Gaillard.~ 7:S0 P.M. (E.D.S.T.) upon ap-I plication of Charlotte O'Keefe, P'l O. Box 117S, Mattituck, N.Y. for] a variance in accordance with thcI Zoning Ordinance, Article III Section 100-30 and Bulk $cheduk for permission set off dwelling Ol small lot with insufficient sid, ~ard. Location of property: S/V Deep Hole Drive, Mattitucb bounded on the north by Ruttan; east by Deep Hole Drive: ~ M. Nash; west b.~ Creek. ~:0S P.M. (E.D.S.T.) upon ap- plication of James Pim & Wife, New Suffolk and Reeve Avenues, N.Y. for a variance in accordance with the Zoning Or- dinance, Article Ill, Section 100- 32 C for permission to construct accessory building in legal front yard Of area. Location of property: Reev~ & New Suffolk Avenues, Mattituck, New York, bounded on ~2C n.M. (E.D.S.T.) upon ap- plicai of Gary Flanner Olsen, Main Road, Mattituck, N.Y. a/c Zdzislaw Mikolajczyk, 2 Johns Road, Matti~u~k, blew York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 & Article XI, Sec- tion 100-112 and Bulk Schedule for permission to convert existing building (non-conforming busi- ness building) with insufficient side and rear yards and insuffi- cient parking for proposed use. Location of property: N/W side Main Road, Mattituck, New York, bounded north by Cemetery; east by Main Road; south by M. Nine; west by Cemetery. 8:40 P.M. (E.D.S.T.) upon ap- plication of Gordon Ahlers, P.E., 188 Manor Lane, Jamesport, N.Y. a/c Brasby's Mattituck Manor, Box 344, Main Road, Mattituck, N.Y., for a variance in accordance with the Zoning Ordinance, Arti- :le III, Section 100-34 and 100-3S ~. for permission to construct itone wall fence with excessive aeight of piers and lights in front tard area. Location of property: Main Road & New Suffolk Ave- nue, Mattituck, bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco Real- ty; west by Main Road. 8:S0 P.M.. (E.D.S.T.) upon ap- plication of Finn B. Jensen and Barbara Jensen, 1S0 Gulf Street, Milford, Connecticut, for a var- iance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Buld Schedule for permission to divide property and use as single lots with insuffi- cient area. Location of property: Fleets Neck, Lots No. 3 and No. 4, Map of Eastwood Estates, Map No. 3683, Cutchogue, New York. Any person desiring to be heard on the above Appeals should appear at the time and the north by Brooklyn Diocese; place above specified. east by Reeve Avenue; south by Dated: August 8, 1974 New Suffolk Avenue; west by L. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Reeve. 8:1S P.M. (E.D.S.T.) upon ap- I'T. 8/IS plication of Edward & Gloria Praetz, North Road & Beverly ; Road, Southold. for a variance in ~ccordance with the Zoning Or- mance, Article III, Section 100-34 and Bulk Schedule for permission to construct addition to dwelling with reduced setback in frqnt yard on private Road. Location of property: North Road (CR 27) & Beverly Road, Southold, bounded on the north by North Road (CR 27); east by Brady; south by Gisaitis; west by Beverly Road Rd.I. iTY OF SUFFOLK ss: E OF NEW YORK C:=2~/hitney B6oth;:g~l'.,, b g duly sworn, says he is fhe Editor,, 6~ THE LONG tS~ND 'ELER - MA~'ITUCK ~ATCHMAN, a public new,- printed at Southold, in Suffolk CounW; and that ,rice o~ which the annexed is a printed copy, has been bed in said Long Island Traveler-Mattituck Watch- ,nce each week for ...... ~,..;.L.(...~ .......... (..d.. week~, sively, commencing on the . , / ....... ,~...~..-..~..,., .............. , 19..:.6C. ..................... Sworn to before me this ......... ~..i2 ......... doy of ...... L-....L..~.:...¢.,; .......... 19 .~ ......... ....................... Z,Tot,~ Publ~ ,/ TOWN OF SGUTHOLD BUILDING DEPARTMENT TOWN CLEP~K'S OFFICE SOUTHOLD, N. Y. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /~ :~ DATE .~':~..~..Z.~ ....... .~ ..... TO THE ZONING BOARD oF API~EALs, TOWN OF sOUTHOLD, N.Y. , ,t ~we)..~.o~'~.i~.;...o.!,~,~ ....... i.. ............. :of ........ ~.P~..~....~.~...~.~ ....................... Name Of APpellant Street and Number ................. .~9~ ......:.: ................................................. ~..2~..~..~.0.?..~. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE~/ /? ~ ,-BUtI~OINGJNSPECTOR ON ..................................... ...... ....... WHEREBY THE BUILDING INSPECTOR DENIED TO of Name of Applicant for permit ...~D~0~: ......... o~Z:....ro_ ................. ~0~ ....... ~.., .z~.E~ ...... , ........ . ........................ . ~w ~o~ ................. State Street and Number Municipality ( ) PERMIT TO USE ( ) PEBMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~..2~...2..~..0.~..~...1~.. ............~~...~.....~...B..~...~.~.~ ....... Street Use District on Zoning Mop Mop No. Lot No. 2. PROVISION (S) OF ,THE ZONING ORDINANCE APPEALED (Indicate the Article SeCtion, Sub- section and Paragraph of the Z0hing O~dinance by nambe?: Do not quote the Ordi,nance.) ~r~icle IIi S~ction t00 - ~0 and BttLk Se2~dule 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 (3i~0 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request f~ a variance and was made in Appeal No ............................. i?Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 286A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~he~ pu~o~sed %b~ee se_~z~te plo~,s ezd.~teci.. Wit, b ~ %ot~1. o£ 150 fee~ ex~m~d~ ~lo~g the street appsl3u~ut would have been abl~ to sell the easterly plot 50 feet in .width and retain the westerly 10g feet. 1~ Houses exist along this street today situate on plots 50 feet wide. If the Ordinance permits no consideration in this particular situation i~ will seem te be discriminatory in that while some properties are denied redress, other comparable parcels enjoy a unique tolerance. Fo~ zB~ (Continue on other side)_ REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~ HARDSHIP because the appellaut has ~u all year residence on the westerly portion of the property which p~rt contaius two plots totaling 100 feet fronting on Deephole Dri~ 119.49 feet on Deephols Creek ~nd h~vimg ~u averapo~ deDth of 200 feet more or less. The appellznt wishes %o sell the easterly portion of her ~property, bei~ au original plot front~i3E 50 feet on Deephole Drive and 50.16 feet on D6epko!e' Creek and extending about 180 feet i:~ depth. This plot is improved with a three room, b~throom and porch stz~acture for use ~zring the su~u~er season. The appellant, a widow, has no need for the cottage and wi~es through s~ZLe of the p~rcel to reduce carrying e~oenses on her property includiug the high real estate taxes involved with waterfront land. 2. The hordship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property ond in this use district because when the aer®a~e in %he a~'e~ w~s origi~lly ~bdivided ~uto plots, these ~re princi~y 50 feet wide on the rosd and w~ter ~ud varied Lu their depth extending from the road to t~.~ water. ~uy homes in the area are situate on plots of this si~e. The p~rticular plot on which z variance is herby requested was originally of the si~e the appellant ~ow wishes to sell. it w~s acquired from Ernest C. ~iller and Rnth Niller by deed dated October 18, 1958 and recorded at ~iverhead in Liber ~532 of deeds at p~ge A62. Being the same parcel acquired by Erz~est 'C. Niller ~ud ~uth ~11er by deed dated 0c~ob~29, 19Z~ and recorded at Riverhead in Liber 2900 of deeds ~t page 174. The deed of conveyance by Ez~est C. ~Z~ller and P~uth ~iller included ~lso conveyance by Stc~ley Prohk~ ~ud S?phie Probka of two 50 feet ~ide plots which comprise the parcel oz~ which appeliant's home is-now situate. (See attached paper.) 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because a house is a2~ea~, sit~%e on the plot. The ~ilSJ_ug, containing an area of about 500 square feet may be uti.lized as is~ or s~fosequently either m~y be improved by rauov~tion and/or addition or if possible may be replaced w~th a new stz~o~cture for all year residence. In the event of replacement the present building will be razed or removed from the premises. As stated previously, many of the houses in the ~rea on Deephole Drive are now located on 50 feet wide plots. STATE OF NEW YORK ) ~..~.4 ~ COUNT¥'o , I ss ..... Signature 2. Cont~uued:- These two plots being the same acquired by Stanley Probk~ and Soohle Probka, his wife, by separate deeds recorded at Riverhead on November 3, 19~l in Liber 2198 of deeds at ~e 270 and on ~_pril 27, 19~2 in Liber 2229 of deeds at page 320 respectively.