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HomeMy WebLinkAbout1837 TOI~N OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1837 Dated September 6, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Marion McCall West Cove Road Cutchogue, New York DATE _~.Y!.....1...! 1973 Appellant at i~ meeting of the Zoning Board of Appeals on November 1, was considered m~d 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 ( ) 1973 the appeal I. SPECIAL EXCEPTION. By reso~tion ~ the Board it was determined that a ~e~ exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Sub~ction .................... paragraph .................... ~ the Zoning O~inance and the decision of the Building Inspector ( ) be reversed ( ) be ~nflrmed because 7:30 P.M. (E.S.T.), upon application of Marion McCall, West Cove Road, Cutchogue, for a variance in accordance with ' the ZOning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lot with existing building. Location of property: Lots # 3,4,5, Alonzo Jersey, West Cove Road, Nassau Point, Cutchogue, New York. Fee paid $15.O0. 2. VARIANCE. By resolution of the Board i.t was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (~ not) unique and (would) (would not) be shared by aH properties alike in the ~nmediate 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. SEE RE~ / ~ Mar~orie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide and set off lot with existing building. The findings of the Board are that applicant proposes to make an entirely suitable arrangement of two lots out of three lots and that the two lots that are so subdivided will be-larger in size than any of the components. 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, ~a~i~n M~C%ll, West Cove Road, Cutchogue, New York, be GRANTED permission to divide and set off lot with existing building as applied for (Alonzo Jersey, West Cove Road, Nassau Point), subject ~to the following conditions: "That the easterly portion of the property so divided may be used solely for single residential purposes. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the To~ 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 0ffice~ Main Road~ Southold~ New York~ on November l~ 1973~ on the following appeals: 7:30 P.M. (E.S.T.)~ upon application of Marion McAll~ West Cove Road~ Cutchogue~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission to divide and set off lot with existing building. Location of property: Lots # 3~5~ Alonzo Jersey~ West Cove Road~ Nassau Point~ Cutchogue. 7:~ P.M. (E.S.T.)~ upon application of Samuel Manarel~ Harbor Lane~ Cutchogue~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 302 for permission to erect accessory building with reduced setbacks. Location of property: Harbor Lane~ Cutchogue~ bounded north by D. Ho~nel$ east by Harbor Lane~ south by J.L. Lyons~ west by Dalchet Corp. 8:00 P.M. ( E.S.T.)~ upon application of Pirate's Cove Marine~ Inc.~ Penninsula Road~ Fishers Island~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301 and Bulk. Schedule and Article 120~a for permission to erect a new store building with less than required rear yard. Location of property: west side of Penninsula Road~ Fishers Island~ bounded north by Private Roads east by Pirate's Cove Marine~ Inc.~ south by West Harbors west by W. Maynard. Legal Notice Page 2 8:1~ P.M. (E.S.T.)~ upon application of William Grefe~ New Suffolk Avenue~ New Suffolk~ for a variance in accordance with the Zoning 0rdinance~ Article IX~ Section 900 and Bulk Schedule for permission to use lot of less than required area for indus- trial purposes ( Contractor's yard~. Location of property$ west side Cox Lane~ Cutchogue~ bo~ded north by L. B. Glover~ Jr~ east by Cox Lane~ south by B. Harris$ west by L. Glover~ Jr. 8:30 P.M. (E.S.T.)~ upon application of David De Friest, Main Road~ Southold~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule for permission to set off lot with less than required width with existing dwelling. Location of property~ west side Horton's Lane~ Southold bo~uuded north by other land of applicants east by Horton's Lanes south by C. W. Booth~ west by Jennings and others. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: October 19~ 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH 0NCE~ OCTOBER 2~ 1973~ AND FORWARD FIVE (~) AFFI~AViT~ OF pUBLICA~0N TO THE ~0U~HOL~ TOWN BOARD OF APPEALS~ MAIN ROAD~ SOUTHOLD~ NEW YORK. Legal Notice Page 3 Copies mailed to the following on October 19~ 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Marion McAll Samuel Manarel Pirate's Cove Marine~ Inc. William Grefe (Gary Olsen) David DeFriest (Dickinson & Nickles) LEGAL NOTICE Section 301 and Bulk Schedule and Article 1204a for permission to.erect a new store building with ~les~_ than required rear yard. LacationofprepertY:west~deof ...... · OF SUFFOLK, NOTICE OF HEARINGS Peninsula Read, Fishers STATE OF NEW YORK, ~ ss: Pursuant to Section 267 of the Island, bounded north by Private J Town Law and the provisions of Road; cast by Pirate's Cove Stuert ¢. Dorn~an Marine, Inc.; south by West ...................................... ]~ing drily Swot the Amended Building Zone Harbor; west by W. Maynard. Ordinance of the Town of 8:15 P.M. (E.S.T.), upon ap- plication of William Grefe, New York, public hearings will bo hold Suffolk Avenue, New Suffolk, for by the Z~ning Board of Appeals of a variance in accordance with the the T°Wn of S°uthold; at the T°wn Zoning Ordinance, Article IX, Office, Main Road, Southold, Section 900 and Bulk Schedule for New York, on November 1, 1973, permission to use lot of less than m the following appeals: m required area for industrial 7:30 P.M. (E.S.T.), upon ap- plication of Marion McAll, West ~ove Road, Cutchngue, for a variance in accordance with the Zoning Ordin9nce, Article III, says that ....h.e.. is Printer and Publisher of the SUFFOL WEEKLY TIMES, a newspaper published at Greenport, in sa county: and ~hat the notice, of which the annexed is a print: copy, has been published in the suid Suffolk Weekly Tim once in each week~ f~or ...... .o.n.e..(.1) .............. wee purposes Contractor's yard). Lseation of preporty; west'side successively oommencing on the 25th Cox Lane, Cutchngue, boanded ........................ north by L.B. Glover, Jr.; east by day of . . . ~ .~.o~b??. ........... 19..7.3. COx Lane; south by B. Harris; c L , ~ Section 301 and Bulk Schedule for permission to divide and set off lot with existing building~ Location of property: Lots No. 3, 4, 5, Alonzo Jersey, West Cove Road, Nassau Point, Cutchngue. 7:45 P.M. (E.S.T.), upon al~ Jication of Samuel Manarel, Harbor Lane, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 302 for permission to erect accessory building with reduced setbacks. Location of property: Harbor Lane, Cut- chogue, bounded north by D. Hommol; cast by Harbor Lane; scath by J.L. Lyons; west by Dulchet Corp. 8:00 P.M. (E.S.T.), upon ap- plication of Pirate's Cove Marine, Inc., Peninsula Road, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article HI, west by L. Glover, Jr. 8:30 P.M. (E.S.T.), upon ap- plicatiun of David DeFriest, Main Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for per- mis~on to set off lot with less than~qulred width with existing dwelling. Location of property: west side Horton's Lane, Southold, bounded north by other land of applicant; east by Hor- ton's Lane; sunth by C.W. Booth; west by Jeanings and others. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: October 19, 1973 BY ORDER OF THE BOARD OF APPEALS 1TO25 2~th Sworn to befor~ me this .... : ...... I of Octo er'73 ! ..... ..... ?., ..... .... , · ................. < ....... NO~'A.,Y ,-L~B C OF NEW YdRK My Corem ssion Expires Marc~ 30, 1~-~ ~ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone 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 Ro~d, Southoid, New York, on November l. 1973, on the following appeals: 7:30 P. M. (ESTI. upon~ cation of Marion McAII. Wes[ Cove Ro~d, .Cutchogue. for a variance in accordance with the Zoning Ordinance. Article III, Section $01 and Bulk Schedule for permission to divide and set off lot with existing building. LO- cation of property: Lots No. 3, 4. 5. Alonzo Jersey, West Cove Road, Nassau Point, Cutchogue. 7:45 P. M. (EST), upon appllJ cation of Samuel Manarel, Har- bor L~ne, Cutchogue, for a var- iance in accordance with the Zoning Ordinance, Article III, Section 302 for permission to erect accessory building with reduced setbacks. Location of property: Harbor Lane. Cut- chogue, bounded north by D. Hommel; east by Harbor Ladle: south by J. L. Lyons; west by Dalchet Corp. 8;00 P. M. (EST), upon appli- cation of Pirate's Cove Marine, Inc., Penninsula Road, Fishers Island, New york, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule and Ar- ticle 1204a for permission to erect a new store building with less than required rear yard. Lo- cation of property: west side of Penninsula Road. Fishers Island, bounded north by Private Road: east by Pirate's Cove ~'arine, Inc.; south by West Harbor: west by W. Maynard. 8:15 P. M. (EST). upon appll- 'cation of William Grefe. New Suffolk Avenue, New Suffolk, for a variance in accordance with the Zoning Ordinance, Article IX. Section 900 and Bulk Schedule for permlSslo~ to use lot of less than required area for industrial north by L. B. Glover, Jr.; east west by L. Olover. Jr. Road, Southold, for a variance in dwelling. Location of property; west side Horton's Lane. South- 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 TRAVELER - MA'I-I'ITUCK 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 Traveler-Mattituck Watch- man once each week for ....... ~---~..~../.../... week~ succ ssive y, commencing on the ............. ~z~...~ .................. doy of .......... ~.. ..... Sworn to before me this ........................ day of ......... .......... , ,9:Z TOWN OF SOUTHOLD BUILDING D~EPARTME,NT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL Fite No .................................................................. Date ............... ~ ....... .{.E ................ , 19.~.~., PLFAqE TAKE NOTICE that your application dated ...... ~.....,J.J ......................... , 19.~,~... for permit to ..con~truc~ .~.~ .......... ...~.'..~ at the premises Iocated at .... ~.....~...~....~....~._ .... "'~"'~'~"'"~'~_r~ "T'""" ........................ Street ~,op ..~.,~ B,ock ..... ~.....">~-.~. ................................ Lot re~ u~d crcwdl, ~hd disapproved on,lthe follow:ng grounds ...~..~ ...... : ........................................... ............................... ~"IT' ............ [ ........... 4' ........... '"'~ ................................................................. ............... c~:....~.u...u.....~..~. ..... :-.3....~..~. .......... ..d'....~~..~..z.~q... .............. TOWN OF SOUTHOLD, HEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DAZE ....S..e.P..t..e..?.-.b..9.?.,...6,~ !97,3 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y. · :~ ~_. ~n.. M.~-,.M~& .3 .~ ...., ......................... of · , ........ 1, ..~,{.e s.b.. ~.;~ e...Ro~:ct.: .... : .......................... Name of Appellant btreet and Number ..... ,q.~,O.~'Ue. ................................................................. ~fet~...'vZc~_w.~ .............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... ~.~.~.~.e.~.b.,e..~....6.~,..~.9.~.~q ...... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) ' to set off lot 1. LOCATION OF THE PROPERTY ...~,f~ .... ~,otr~..~o~.ct ............................................. ¢..~ .............. ~ Street Use District on Zoning Map .... ~,lp~z~,...Z.~:~.~e.7. ................. ~.~...}j..~.....~ ............ 1,,~.s,~zt ?o~nt A:t.~:;,.-:0utoho~te Map No, Lot' No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and P_~aragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) 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 .~,~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeai was ( ) request for a special permit ( ) request for a variance anc was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) .s requested for the reason that lmorm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF: THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP beCause i,Fe ow~ tkz, ee lots on a be~d of Old Cove Road whtoh a~o T-Shaped. Our' ~x~sting d~iveway on eas~er,!y side of existing house (Lot extends ~d winds ove~ P~ of Lot ~ ~h~o~a ~sSo%oSk~epm~.~ ~.~, ~/fe or, oposo to divide p~ of Lot ~ and p~ of Lot ~ to =take one yacht-lot ~d add pa~t of Lots ~ sa%~ ~ to Lot 3 l,~hioh is ooou. pisd by dwelling, 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 beca:use This ~ts a.t'l unu. sual-s~tpocl p~opez, ty or. a eor-ne~ of Old Cove (Va_nston) ~.d West Cove Road. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because hre propose to mai:atain the exist~mg home on Lot 3 with p~ of Lots 4 and ~ ~r~ make the la~ge~ p~ts of~Lots h- and ~ available fo~ ~otho~dw~iling sor~e time in the fut'~e. &-~ ~ j STATE OF NEW//fO, RK~ ) COUNTY 0~~ ss Sworn ,o this ~ ~ day of ......... JUDITH ?. BO;<EN ~Jofor~ Public, S?ate of New ,o 59-0q/4963 c z~ ~k C .... u,ro~ ounf~ ~ ! Signature Telephone 765-~6~0 APPEAL BOARD MEMBER Robert W. Gillis~ie, 3r., Chairman Robert Bergen Charles Gri!ilonis, .Jr. Serge Doyen, Fred Hulse, .Ir. SOUTHOLD TOWN BOARD OF APPEALS November 1, 1973 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M.s Thursdays November 1, 1973, at the Town Office, Main Road, $outhold, New York. There were presentg Chairmanl Robert Bergenl Jr.; Serge Doyen, Jr. Messrs: Robert W. Gillispie, Jr., Charles Grigonis,~Jr.l Fred Hu_lse, PUBLIC HEAtLINGg Appeal No. 1837 7:30 P.M. (E.S.T.), upon application of Marion McCall, West Cove Road, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lot with existing building. Location of property: Lots # 3,4,5, Alonzo Jersey, West Cove Road, Nassau Point, Cutchogue, New York. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. TT~CHAIRMAN: The application is accompanied by a survey which shows the existing Lot # 3, and Lots # 4 and 5. The proposal is to add westerly sections of Lots # ~ and 5 to Lot # 3. In other words, the applicant is cutting down from three lots to two lots. The present driveway wanders over the end of Lots # ~ and 5. TH~ CHAIRMAN: Is there anyone present who wishes to speak for this application? ? ! Southold Town Board of Appeals -2- November 1, 1973 MR. McCALL: Mrs. McCall has pointed out to me that on Vanston Road there is 172 feet which we consider the frontage. TH~ CHAIRMAN: These Nassau Point lots are part of the Ordinance, and these particular lots are decreed that way in the Ordinance. You are enlarging less than normal sized lots. MR. ROBERT BERGEN: You have three lots and propose to make them into two lots, so you are upgrading. MR. McCALL: I believe it's an advantage to the Town. TH~ CHAIRMAN: What is the formal name of this map? MR. McCALL: Nassau Point Property Owners Association. This Alonzo Jersey was a very large piece and it was not registered that way so Lots # 3, 4 and 5 do not come into it. They are not on the original map. It would hurt us if we tried to sell Lots # 4 and 5. We would lose our driveway, and it is landscaped. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? After investigation and inspection the Board finds that applicant requests permission to divide and set off lot with existing building. The findings of the Board are that applicant proposes to make an entirely suitable arrangement of two lots out of three lots and that the two lots that are so subdivided will be larger in size than any of the components. 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. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Marion McCall, West Cove Road, Cutchogue, be GRANTED permission to divide and set off lot with existing building as applied for (Alonzo Jersey, West Cove Road, Nassau Point), subject to the following condition: That the easterly portion of the property so divided may be used solely for single residential purposes. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Gri~onis, Hulse, Doyen. ~02.