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HomeMy WebLinkAbout1804 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALg Appeal No. 180~ Dated June 15, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To ~ Naria Pfutzner Pine T~ee Road CutchoKuo, Now York DATE .~._..~.8.! 1973 AppeHant at a meetir~ of the Zoning Board of Appeals on Juno' 28 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 0[ ) Request fora variance 'to the Zoning Ordinance, ( ) 19.73 the appeal 1. SPECIAL EXCEPTION. By resolution of ~he Board it was determined that a special exception ( ) be : granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed (~) be confirmed beeaus~ 9~0 P®~e (~j®SbTe) , ~l~on application of: An~a~ Naria Pfu~zner~ Pine. Tree Road, Cutche~ue~ New'York, for a variance in accordance vith the Zonin~ Ordinance, A~tic~e ~'lI, Section 301 and the Bu~k Schedule, for per. solon to divide property ~rl~h less than required area and frontage. Location of propertyI P~rt Plot ~12b, 14ap of Nassau Farms, Cutche~ue, New York. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application o'f the Ordinance (would) (would not) produce hardship because -. SEE REVERSE practical 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. szz REv $ ROVED ~ ~/, , ~- I £}/)~ ZONING BOARD OF ~ ~ _~~_ ~.~jorfe ~cDer~tt, Secret~ After investiEation and inspection the Bo~rd finds that applicant requests per-4ssion to divide property wit~ less t~on requ/red area and frontagej Part PXot ~12~, hp of Nassau F~ms, Cutcho~e, New York. ~e' ~ f~nd8 t~t applic~t wishes to sep~ate lots in single o~ers~p. ~e Herren ~ad dwelli~ ~s bought ~n 1~7 ~d the P~ne ~ee Road dwelli~ ~s bo~t in 1~62. Applic~tJs property ~8 ~ys been in tw sepmte lots. ~e Bo~d f~nds tht ~ding the property ~11 ~t · ncrease the density of the ~ei. ~e Board a~ees ~th the reaso~ of the applic~t. The Beard finds that strict application of the Ordinance w~uld produce practical difficulties er ,m~ecesearyhardsb/p; the h~rdship created ~s ~que ~d ~d not be s~ed by all properties ~Eke in the i~ediate ~cinity o~ t~s property~d in~the;sa~eu~e dis~ct~ and.t~h~e ~.a~2.an~e w~.~l~n~ change the c~ac~e~ O~ ~h~ ne~h~0~h~0d ~d ~ o~se~ th~ ~p~t eft the Ord~mce. : ~ ~ ,~ Ro~d, Cutcho~e~ New Yerk~ be G~D pe~ssio~o di~de ~perty ~th less th~ req~red ~ea ~d frontage, Part Plot 12~, ~p of Nassau F~s~ Cutcho~e~ New Y~rk, as applied for, subject te the following conditions$ That any request for enlargement ef the smaller house sh~11 come before the Beard ~f Appeals so that the Board m~y censider how such an additien can be Vote of the Board~ Ayes~- Messrs~ Gillispie, Bergen, Hulse, Grigenis, 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 Southoid, 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 June 28, 1973, on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of John Charnews, Main Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area and frontage~ Location of property: west side Oaklawn Avenue, Southold, bounded north by School District 95; east by Oak!awn Avenue; south by L. Boken and others; and west by L. Boken and others. 7:40~P.M. (E.D.S.T.), upon application of Philippe Maitrejean, i Box 888, Sound Avenue, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area. Location of property: north side Ruth Road, Mattituck, Sounded north by Long Island Sound; east by B. Vreeland; south ~y Ruth Road (Private Road); and west by A. Joos and ano. 7:50 P.M. (E.D.S.T.), upon application of James and Margaret Boylan, 11 Gedney Avenue, Smithtown, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, the Bulk Schedule and Article XVII, Section 1702, for permission to construct dwelling in subdivision Cleaves Point, Section III, which is not on approved list and lot does not have sufficient width or area. Location of property: Lot 973, Map of Cleaves Point, Section III. Legal Notice Page 2 8:00 P.M.(E.D.S.T.), upon application of Joy Finkie and Millie Messeri, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and the Bulk Schedule, for permission to operate a second business (Take-out Deli) on same premises with a public garage. Location of property: nortk side Main Road, Orient, bounded north by H. Schmidt; east by H. Sc~idt; south by Main Road; west by H. Terry Estate. 8:30 P.M.~ (E.D.S.T.), upon application of George Ahlers and Barry Hellman, Cutchogue and Southold, New York, respectively, for a special exception in accordance with the ~oning Ordinance, Article V, Section 500, Subsection B-l, for permission to erect multiple dwellings. Location of property: west side Youngs Avenue, Southold, bounded north by D~ Charnews; east by Youngs Avenue; south by Long Island Rail Road, Maier, Averett, Kaeiin and others; and west by R. B. Grattan, Wetkowski and others. 8:45 P.M. (E.D.S.T.), upon application of George Ahlers and Barry Hellman, Cutchouge and Southold, New York, respectively, for a variance in accordance with the Zoning Ordinance, Article V, Section 502, for permission to construct multiple dwellings with some buildings over 125 feet in length. Location of property: west side Youngs Avenue, Southold, bounded north by D. Charnews; east by Youngs Avenue; south by Long Island Rail Road, Maier, Averett, Kaelin and others; and west by R. B. Grattan, Wetkowski a~d others. 9:00 P.M. (E.D.S.T.), upon application of Carl H. Schooff~ Hobart Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide lots with dwellings which Legal Notice Page 3 do not have sufficient area or frontage. Location of property: Hobart and Old Shipyard Lane, Southold, Lot ~41, Map of Founders Estates. 9:10 P.M. (E.D.S.T.), upon application of Wilbur Kaiser, Horton Lane, Mattituck, New York, for'a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide lots with less than required area and frontage. Location of property: south side of Horton Lane, Mattituck, bounded north by Horton Lane; east by C. Sanders; south by North Fork Baptist Church; west by North Fork Baptist Church. 9:20 P.M. (E.D.S.T.), upon application of Anna Maria Pfutzner Pine Tree Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property: Part Plot $124, Map of Nassau Farms, Cutchogue, New York. Any person desiring to be heard on the above appeals should appear at the time ~nd place above specified. Dated: June 15, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JUNE 21, 1973, AND FORWARD NINE (9)AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Legal Notice Page 4 Copies mailed to the following on June 15, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Mr. John Charnews Mr. Philippe Maitrejean Mr. James Boylan Miss Joy Finkle and Miss Millie Messer~ Mr. George Ahlers and Mr. Barry Hellman Mr. Carl H. Schooff Mr. Wilbur Kaiser Mrs. Anna Maria Pfutzner NOTICE OF HEARING~ Pursuant to Section 26'/ ( Town Law and the pr0vision~ the Amended Building Zone Or- dinance of the Town of ~outh- old, Suffolk County, New York, public hearing, s 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 June 28, 1973, on the following appeals: '/:30 P. M. (EDSTi, upon ap- plication of John Charnews, M~ln Road, Southold, for a variance InI accordance with the Zoning Ordinance, Article III- Section 301 and the Bulk Schedule. for permission to divide lots with lessthan required area and front- age. Location of property: west side of Oaklawn Avenoe, South- old, bounded north by School District NO. 5; east by Oaklawn Avenue: south by L. Boken and others; and west by L. Boken and others. 7:40 P. M. (EDST), upon ap- placation of Phitippie Maitre- jean, Box 888, Sound Avenue~ Mattituck. for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Scctiou 301 and Bulk Schedule, for permis-, sion to divide lots with less than required area. Location of prop- erty: north side Ruth Road, Mat- tituck, bounded north by Long Island Sound; east by B. Vree- land; south by Ruth Road (Pri- vate Road~; and west by A. Joos for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permiSsion to di- vide lots with less than required area and frontage. Locaticn of property: south side of Horton Lane, Mattituck, bounded north by Horton Lane; east by C. Sanders; south by North l~ork Baptist Church; west by North l~ork Baptist Church. 9:20 P. M. (EDST), upon ap- plisat~n of Anna Maria Pfutz- ner, Pine Tree Road, Cutchogue, New York, for a variance in ~ordance ,with the Zoning Ordi- nance, Article III, Section 301 and the Bulk Schedule, tur per- mission to divide property with less than required area and frontage. Location of property: Part Plot No. 124, Map of Nassau Farms, Cutchogue, New York. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: June 15, 19~3 ~ BY ORDEP~ 01~ SOu'z'~tOLD TOWN BOAI~D OP ,a~PPEA~,S 1T--6-21 COUNTY OF SUFFOLK '1 STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, oF THE LONG ISLAND TRAVELER - MA'I-FITUCK WATCHMAN, a public news- paper printed at Sauthold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Matt/tuck Watch- man once each week for ....~...~../~..... weel~ successively, commencing on the ........... ~;~../.~ ........ day ........ .., ........................ ~..~.~.~ ....... ./.~/.~ ............. ~ ............... / Sworn to be{or~ me this ....~.~ .......... doy of ...... ADEL£ PAYNE Notary Public. State e[ New Yorl~ for permission to construct multiple dwe~in~ with some buildings over 125 feet in length. Locatian of property: west side Youngs Avenue, Southold, boanded north by D. (~mrnews; east by Yoangs Avenue; south by Long Island Rail Road, Maier, Avewett, I~ulin and others; an~ west by E.B. Grattan, Wetlmwski and others. 9:00 P.M. (W..D.S.T.), up(m application of Carl H. Scheoff, Hobar~ Road, Southuld, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article IH, Section 301 and the Bulk Schedule, for per- mission to divide lots with dwellings which do not have sufficient area or frontage. Loeatiea of property: Hobart and. Old Shipyard Lane, Southold, Lot No. 41, Map of Founders Estates. 9:10 P.M. (E.D.S.T.), upon application of Wilbur Kaiser, Horton Lane, Mattituck, New York, for a variance in ac- cordence with the Zoning Or- dinance, Article HI, Section 301 and the Bulk Schedule, for per- mission to divide lots with less than required area and frontage. Location of property._' south side of Horton Lane, Mattituck, bounded north by Hm'ton Lane; cast by C. Sanders; south by North Fork Baptist Church; west by North Pork Baptist Church. 9:20 P.M. (E.D.S.T.), upon application of Anna Maria Pfulzner Pine '0'ee Road, Cut- cheque, New York, for a variance Ordinance, Article IH, Section 301 and the Bulk Schedule, for frontage. Location of property: Part Plot No. 124, Map of Nassau Farms, Cutchegue, New York. Any person desiring to he heard on the above appeals should appear at the time and place above specified. Dated: June i5, 1973 BY ORDER OF THE BOARD OF APPEALS 1T J21 tie le ~w :~d COUNTY OF SUFFOLK, STA'r~- OF NEW YORK, ~ ss: ........ ~.t.u?.r..~..C....D.o..~,a.n .............. being duly Sworn, says that . .h.e .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, tot ......... o.n.e. ............... weeks successively commencing on the .... .~:~.e.n.t~-.f.i.r.s.t. ......... day of ..... Sworn to befo~.~,me this . .***~./. ..... oyot / ........................................ / ~ IO,EPH LAWRENCE IOWN3£ND ~/ NOIARY PUBLIC OF NEW YORK CIAs. No. 52-931~§350 ~¥ Commission [xpffe~ Match 30, TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOL~ N, Y. NOTICE OF DISAPPROVAL /,~ ~ ~ l ~ ,~....~..? File No ................................................................... uate ...............~ ....................... , ~'?' .... ~... i;~...~.~ ............ ~.~....:.;~ ......................... ..... I~-- PLEASE TAKE NOTICE that your apphcat~op dated .......... ~ ........... , 19 ........ .c~. ~-f_~ ~.~t~. ~ .~ for permit to c6n~r~c~ .'~..?~'.~':.~.,f .... T__:...~.,.~..._at the premises~locdted at .......................................... ....................................... ~***../,/. .................... ree ~ - Mop ..W....~:~:~.....F.::.~r~z.....~,z..../..~.~ ..... Lot .~.~;'.r..~.~.~.'.'.? ............................ i'eturned herew~th/~,Jd disapproved on the following grounds ............................. .T ........ ~.~ ................. ...... ..... ...... Building Inspector ( TOWN OF SOUTHOLD, NEW-YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEALI~. l ..... To THE ZO JNG BOARD Or A, PEALS, TOWN OF SOUT O , · 1, (We).../~..~.../. ~, ..Z'..."~..~,../. ?.~ M~...~..~of ... ~.../~..., ~....~..~...~...... THE ZONING BOARD O'F APPEALS FROM THE DECISION OF THE BUILDING II~:~PE R ON WHEREBY THE BUILDING INSPECTOR DENIED TO ..................... ......................... Nome of Agplicont for ~ermit Street and Number Municipality State f ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (~) -~ To ~P~-/~fcTf~ 4~2kJ~-~br/d~ 1', LOCATION OF THE PROPERTY Street Use District on Zoning Mop Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section.and P rg.~g.raph~of the Zoning Ordinance by number. Do not quote the Ordi,nance.) 3. TYPE OF APPEAL Appeal is mode herewith for (~ A VARIANCE to the Zoning Ordin,ance or Zoning Map ( ) A VARIANCE due to lock of access (.State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~has not) been made with respect to this decision of the Building Inspector or with respect to tl~is'/' 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 ( ) is requested for the reason that l~orm (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because vicinity of this property and in this use district bec,ause The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK. ) V, ) ss couNTy OF ) Sworn to this .................................. (Z. ....day Signature //7 of ............ ~ ......................... ~9 ?.k Notary Public ~o. 52-0344963 5u~fo:k Commiss]en Ex?res March 30,