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HomeMy WebLinkAbout1744 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 17/~/{ Dated Parch 18, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Eugene Do McElroy 465 Topsail Lane Southold, Nsw Xo~'k AppeUant at a meeUng of the Zoning Board of Appeals on April 19, 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 ( ) 1973 the appeal 1. SPECIAL EXCEPTION. By re~tion of the Board ~ was determined that a special exception ( ) be gra~ed ( ) be ~ed pursuant to Artic~ .................... S~ilon .................... Sub~ction .................... paragraph ............. ~ ...... ~ the ~n~g Ordinance and the decision of the BuUd~g In~ector ( ) be reversed ( ) be co~irmed becau~ 7~5 P.M. (E.S.T.), upon application of Eugene D. McElroy, 465 Topsail Lane, Southold, New York, for a variance in accordance with the Zor~ng Ordinance, Bu~k Schedule, ~or pex-a~ssion to construct attached ~arage with insuCficient side yard. Location of property, east side Topsail Lane, Southolds Lot No. ~3, ~P of Lee~m~d Acres, Southold, New York, Fee paid $1~.00. 2. VARIANCE. By resolution of the Board it was determ/ned that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or (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 SEE REVERSE (would not) and therefore, it was further determined that the requested valance ( that the previous decis/ons of the Building Inspector ( ) be confirmed ( SEE REVERSE FORM ZB4 ) be granted ( ) be reversed. APPROVED ) be denied and ZONING BOARD OF APPEALS ~-~-jorfe ~cDermott, After investigation and inspection the Board finds that applicant requests permission to construct attached ~arage with insufficient side yard. The findings of the Board are that applicant possesses a lot which is more than ~0,000 sq. ft. in area. The house on the lot w~s constructed prior to the present Zonin~ Ordi~_~_nce and has an additional hardship by reason of the fact that the land slopes to the south, The Board a~rees with the reasonin~ of the applicant, The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the herdship created is unique and would not be sh~ed by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not chan~e the' character of the neighborhood, and will'observe'the spirit of the Ordinance. TH~REFORE IT WAS RESOLFEDEugene D. McElroy, ~65 Topsail Lane, Southold,'Ne~ York, be GRANTED permission to construct attached garage with insufficient side y~rd on property located on the east side of Topsail Lane, Southold, as applied for, subject to the following conditions~ That applicant maintain at least a 10 foot side yard on the north side of the house. Vote of the Board~ Ayes~- Messrs~ Gillispie, Bergen, Hulse, Grigonis, Doyen. 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 of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on April 19, 1973, on the following appeals: 7:45 P.M., (E.S.T.), upon application of Eugene D. McElroy, 465 Topsail Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Bulk Schedule, for permission to construct attached garage with insufficient side yard. Location of property: east side Topsail Lane, Southold, Lot 443, Map of Leeward Acres, Southold, New York. 7:55 P.M., (E.S.T.), upon application of Archeologicat Association of New York, Main Bayview Road, Southold, New York, for a special, exception in accordance with the Zoning Ordinance, Article III, Section 300 C 6~f) and Article XI, Section 1t00, subsection 1, for permission to erect off premises directional sign on property of Southold Bayview Corp. Location of property: corner of Main Bayview Road and Route 25, Southold, New York. 8:05 P.M., (E.S.T.), upon application of Elsie Mastrosimone, 355 Riviera Drive, South Massapequa, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permission to divide property with insufficient area and frontage. Location of property: east side of Inlet Lane Extension (private road), Greenport, bounded north by M. Mastrosimone; east by Gull Pond; south by Carl Schaub; west bY Private Road. Legal Notice Page 2 8:15 P.M., (E.S.T.), upon application of William E. Worthington Sound Avenue, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C5, and Article III, A 2(c), for permission to construct stable and keep horse with less than required area. Location of property: south side of Sound Avenue, Mattituck,' bounded north by Sound Avenue; east by E.R. Johnson; south by Jack Driscoll; west by Jack Driscoll. 8:35 P.M., (E.S.T.), upon application of Jules Adriaenssens, 1225 August Road, North Babylon, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to construct dwelling with · nsufficient setback or rear yard. Location of property; north side Lupron Point Road, Mattituck, bounded north by Elmer Ruland, Jr.; east by T. Dougherty; south by Lupton Point Road; west by Elmer Ruland, Jr. 8:45 P.M., (E.S.T.), upon application of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 B8, for permission to operate farm labor camp; location of property~ south side Main Road, Orient, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Edward Latham. 9:00 P.M., (E.S.T.), upon application of Frank Knispel, Mill Road, Mattituck, New York, for a spedial exception in accordance with the Zoning Ordinance Article V, Section 500 B and Article VIII Section 800 B, for-permission to erect four Legal Notice Page 3 unit motel. Location of property: south side Old Mill Road, Mattituck, bounded north by Old Mill Road; east by Stanley Naugtes; south by Alonzo F. Robinson; west by Alonzo F. Robinson. 9:15 P.M., (E.S.T.) , upon application of Edmond Bok~na, 4505 Main Road, Laurel, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-8, for permission to operate farm labor camp. LoCation of property: north side of Main Road, Laurel, bounded north by School District #9 line; east by Cecil T. Young; south by Ma~n Road; west by School District #11 property and Aldrich Lane. 9:25 P.M., (E.S.T.), upon application of Mattituck Inlet Marina & Shipyard, Inc., Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 C-6, for permission to erect off premises directional si~n on property of Eugene C. Sullivan. Location of property: south side of Cox Neck Road, Mattituck, bounded north by Cox Neck Road; east by P. Cerrito; south by Mattituck Creek; west by Cox Neck Road and Herman. Legal Notice Page 4 Any person desiring to be heard on the above applications should appear at the time and place specified. Dated: April 5, 1973 BY ORDER OF THE $OUT~OLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, APRIL 12, 1972, AND FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEWYYORK. Copies mailed to the following on April 5, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Mr. Eugene D. McElroy Archeological Association of New York Irving L. Price, Esq. a/c Elsie Mastrosimone Mr. William E. Worthington Mr. Jules Adriaenssens Mr. Lloyd Terry Mr. Frank Knispel Mr. Edmond Bokina Mattituck Inlet Marina & Shipyard, Inc. NOTICEOFHEARINGS 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, Southold, New York, on April 19, 1973, on the following appeals: ~ 7:45 P.M., (E.S.T.), upon ~ application of Eugene D. 1 McElroy, 465 Topsail Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Bulk Schedule, for permission to construct attached garage with insufficient side yard. Location of property: east side Topsail Lane, Southold, Lot No. 43, Map of ] Leeward Acres, Southold, Neww York. __ -- · 7:55 P.M., (E.S.T.), upon application of Archeological Association of New York, Main Bayview Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 C 6(f) and Article XI, Section 1100, sub~.~clion 1, for permission t~ erect off promise~ directional sign on property of Sunthold Bayview Corp. Location of property: corner of Main Bayview Road and Route 25, Southold, New York. 8:05 P.M., (E.S.T.), upon application of Elsie COUNTY OF SUFFOLI~, STATE OF NEW YORK. ~ ss: ........ .~.~.u.~.r.~..C.: .~.c.r~.~n .............. being duly Sworn, s~/s that ...~..e.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport. in said county; and that the natl,, of which the annexed is a printed copy, has been published in the suid Suffolk Weekly Times once in eoch week, for .......... p.n.e .............. weeks · ' twelfth successively oon~n~ on the .......................... A~rii~ ~ ~ 773 Sworn to before me this .//. day of .... ..?~..: ~. ~% ........ 19.~.. ?, / / /. _ / / . ,' ......... · - · 'NO'T~¥ .~,~L~G .S,t~t~ qf ~ew .Yorl( .... NOTFCE OF HEARINGS Pursuant to Section 267 oF the Town Law and the provi.qionG of the Amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zon- ing Board of Appeals OF the Town of Southold, at the Town Office. Main l~oad, Southoid. New York, on April 19, 1973, on the following nar of Main Bayview Road and and Bj~k_~s~edule, fo~ ~ermis- with les~ than required area. COUNTY OF SUFFOLK / STATE OF NEW YORKi ss: C. Whitney Booth, Jr., being duly sworn, says 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 cnnexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ..... ~.~..'..~...~.....~.../..~.... week, s/ successively, commencing on the ............. ~.......~.. ................ day of ......... ~..., .................. ........ ..... me this ......... /...~i .......day of Sworn to before ADELE PAYN£ Notary Pu~lc, S:~!e 0f New Yor~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date .....................~....~........./...~........, 19...?..~. To ....~ ~...,,.~,~..'~/'/.. ~., ................... PLEASE TAKE NOTICE that your application doted .................. ~.~-..:;;.~......~...~...., 19..?...~ for permit ,o con,truer .~.~.~.~..~t the premise, I~,ed ~t .......... ~ ..................... ........ ~.~....~.~ .............. ~Street ~ ~ ~Building Inspector / TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE ...... f...~.........~.......~t....~ > 1, (~ ...~'ugen~..D,..~..~l~o~r .......................... of ..... 3~6.~..~opsaii. Iaae ...................................... Name of Appella,n.t Street and Number Sou%hold ......................................................................................................................... HERESY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............. ..///...'F/.~...~ ........ ( ( ) BUge~ D. F~ E~lroy Name o~ Applicant fo~ permit o~ ....... k65.. 2.o.~..].. Z.~r~ .......... So u~aold ........................ /~.!. ................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY To add t~o car garage to ~Xistir~ dwelling. 1. LOCATION OF THE PROPERTY ~6..5..T..°.P..s...a~:...1.....L~....~.. ........................................... Street Use District on Zoning Map Leeward Acres 43 Southold , Mop 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.) Bulk Schedule 3. //YPE OF APPEAL Appeal is made herewith for (V0 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 as not) been made with respect to this decision of the Building Inspector or with respect to this 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 ) ~s requested for the reason that Form (Continue on other side) REASON FOR APPEAL ' Continued : 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties Or unneces- sary HARDSHIP because: ,~e have a sloping iot~ the proposed garage will be attached to the kitchen side of the dwelling on a level part of the lot ( northerly side) where we can have a~direct access to the existing garage. 2. The hardship createdis UNIqUE andisnotshared by all propeRies alike in the immediate vicinity ofthis property andinthis use district b~ause: O~r lot slopes both to the front (Yes:t) and South~ It would not be practical to attach t© our bedroom side of'the dwelling. . 3. The Variance'would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because= This is a one family dwelling~ in a one family area. The 10 ft side yard would meet the requirements of the ordinance before it was changed in Dec 1971. COUNTY O ) Sworn to this ....',.Z .~i..~. ............................ day of.....~-~......~..~..~.. .............................. 19J~ No. 52-05o8303 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ......................................... 19 ........ Approved ........................................ , 19 ........ Pemit No ..................................... Disapproved a/c ............................................................................................. ~ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................. "~"'.~ .....(....~...., ] 9.?..,~. .... - INSTRUCTIONS a. This application must be completely filled in by wpewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan-~owing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector wi issue a Building Permit to the applicant. Such permit ,shall be kept on the premises available for inspection throughout the work. e. No building shatl be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Sauthold, Suffolk County, New York, and other applicable Laws, Ordinances or R.egulations, for the construction ot buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees To comply with all applicable laws. ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (Signature of applicant, or name, iT a corporation~ 465 Topsail Lane Southold, N.Y. (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ............ ....~...e...z~....?..:..~..~..EL?.?. ................................................................................................ If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................................................... Plumber's License No ......................................................... Electrician's License No ..................................................... Other Trade's License No ................................................... 1. Location of land on whi. c.hproposed work will be done. Map No ...... ~..~;~..{~...~...A(A.~.e.~. ............... Lot No ......~. ................ b65 Topsaii Lane Southold Street and Number ........................................................................................................................................................ Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ......... ~,e.s,~.~teJ:~e ......................................................................................................... b. Intended use and occupancy ......... ~e'i~fe~e ....................................................................................................... 3. Nature of work (check which app ,~ ,'e~: New Building ....................... Addi,~'% .......... :c ........ Alteration ..... ~ ....... Repair ......................... Removal ......................... Demolition .................... i'~. Other Work .................................... ~_ ~ ~F ~ (Description) Estimated Cost ...... ~5;O.....Q.~...~. .................. Fee ..f;.~..~,(to ................................... be pai~l on filing this a~ii;a~'i;~) ................................. 4. 5. If dwelling, number of dwelling units .................Number of dwelling units on each floor ......................................... If ~tarage, number of cars ......... ,.2. ................................................................................................................................ 6. If business, commercial or mixed occuoancy, specify nature and extent of each type of use ..................................... 7. Dimensions of existing structures, if any: Front .... .:¢?~4.! ....... Rear .--.~7.,~-~ .............. Depth ....~8~$ ..................... Height ............ I4.! ......................................... Number of Stories ....................... .I. ................................................... Dimensions of same structure with alterations or additions: Front ....... .7. .7. .,. .4. ~ .......... Rear ....... ,7. .7..,. .2, ~ ......................... Depth ....... .4..2..,..3.:° ............................ Height ...... ,...I..4..' ........................... Number of Stories .............I. .......................... ! 8. Dimensions of entire new construction: Front ...... 2~.' .............. Rear ....... ~ ................. Depth .....2~3.o,~. .................... Height .......... : ................... ~"~(~i .......... Number of Stories I2 ,~' ......................................................................................... Size of lot: Front ...................................... Rear .......................................... Depth .................................................. Date of Purchase ...... .5~26/?~ ................. Name of Former Owner Claussen Cons%, Co, Zone or use district in which premises are situated ........... :.} ............ ~..~...".....~.s..t.r.$.O..t~ .............................................. Does proposed construction violate any zoning law, ordinance or regulation: ............................................................ Will lot be regraded ~-~x~.~ ...... .N..o. .............. Will excess fill .be removed from premises: [ ] Yes lrr~r] NO · ~ugene Do ~ ~lrOy ~65 Tops~il :~. So~thold~ 6 ;-'~', I8 Name of Owner of premises ........................................................... : ......... ~ ................... :.'. .............. ~..~....~.]A ..... ~ ........... (Address) (Phone No.) ~ - Name o, ArcNtect ..................................................................................................................................................... (Address) (Phone No.) ~,~ ~gene D. Mc P~lroy 465 Top.ii Lane So~thold 765-2418 Name of ..................................................... ~ ............................................ ; ........................................................... (Address) (Phone No,) PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property nes. Give street and block number or description according to deed, and show street names and indicate wheth- er interior or corner lot. 10. 11. 12. 13. 14. See attached s~rvey: STATE OF NEW YORK(- //.~ ~¢_ ) .............. ~.~,~.~.~ ........~ ........ .~.~.,~.~.,~,.~ ......................... b~ing duly sworn, deposes and says that he is the applicant above named· t (Name of individual si~ing contlact) H~ is the (Contractor, agent, corporate officer, etc.) of s~r~rg~rs, and is duly authorized to ~rform or have performed the said work and to mak~ and file this aDpliCation; that ~h~,c~n~i~e~ ~ application are true to the best of his knowledge and belief; and that the work will be performed in the manner '" ;n ,~o~k out . se~n t~_~a~n fded there~th. ..... t ............ ~....~ ...... :.-..~ay o~ ...... ~..~.~t ...... Z ........... m ....... .,.1~ ~..) ...... . , .... ........... . ....... ...... .................................. v / ' // ~ (Si~amre of applicant" ~om ,S, eo ~,° -