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HomeMy WebLinkAbout1812 TO~N OF SOUTHOLD, NE~V YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1812 Dated June 29, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To James H. Pratt Bay Avenue Cutchogue, New York DATE *~,.~..Y....!9..' 1973 Appellant at a meeting of the Zoning Board of Appeals on july 19, 1973 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 ( ) the appeal I. SPECIAL EXCEPTION. By resolution of the 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 because 9il0 P.M. (E.S.T.), upon application of James H. Pratt, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance and Bulk Schedule for permission to erect loading bin with silo in excess of 35 feet in height. Location of propertyl west side Cox Lanel south by L. B. Gloverl west by L. B. Glover. Fee paid $15.00. 2. VARIANCE. By resolution of the Board ~_t was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because 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 SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be coofirmed ( ) be reversed. SEE REVERSE APPROVED ',.J ) be denied and Z0~NG ,BOARD OF A~-~ALS Marjodie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to erect loading bin with silo in excess of 35 feet in height, on the west side of Cox's Lane, Cutchogue, New York~ The findings of the Board are that the actual height of the structure above ground level is approximately 30 feet to 35 feet~ that is all that would be visible from the highway. 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 t~e Ordinance. THEREFORE IT WAS RESOLVED, James H. Pratt, Bay Avenue, Cutchogu~, ~ew York, be GRANTED permission to erect loading bin with silo in excess o~ 35 feet in height on the.west side of Cox's Lane, Cutchogue, as applied for. Vote of the Board~ Ayes~- Messrs~ Gillispie, Bergen, Hulse, Grigonis. 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 July 19, 1973, on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of Helen Chizzini, Mr. Beulah Avenue,Southold, New York, for a varaince in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property wi~h less than required area and frontage. Location of property: east side of Mt. Beulah Avenue,Southold, bounded north by C.W. Booth; east by C.W. Booth; south by C.W. Booth; west by Mt. Beulah Avenue. 7:40 P.M. (E.D.S.T.), upon application of Dante V. and Evelyn Morel, Bayview Road, Southold, 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: Lots 91, 2, 3 and 157, Map. of Cedar Beach Park, Southold. 8:00 P.M. (E.D.S.T.), upon application of John Diveilo, Sound View Avenue, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 302 for permission to construct garage in front yard area. Location of property: north side Sound View Avenue, Mattituck, bounded north by Long Island Sound; east by R. Mowery;~south by Sound View Avenue; west by Casbor Inc. (park). Legal Notice Page 2 8:10 P.M. (E.D.S.T.), upon application of Ray Alexiadhes, Sound~few Avenue, Southold, (Meadow Point Properties), for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide prgperty with less than required area and frontage. Location of property: north side Soundview Avenue, Southotd, bounded north by Long Island Sound; east by Couloucoundis; south by Soundview Avenue; west by B. Thompson. 8:25 P.M. (E.D.S.T.), upon application of Daichet Corporation Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of property: south side Main Road, Cutchogue, bounded north by Main Road; east by Dalchet Corporation~ south by Dalchet Corporation; west by Dalchet Corporation. 8:35 P.M. (E.D.S.T.), upon application of Philip and Claire Dietz, Pequash Avenue, Cutchogue, 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 krontage. Location of property: west side Pequash Avenue, Cutchogue, bounded north by North Cross Road; east by Pequash Avenue; south by Edward Harvey; west by R. and S. Lajda. 8:50 P.M. (E.D.S.T.), upon application of Carl's Mobile Homes, 650 East Main Street, Riverhead, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to construct:dwelling with reduced setback from road. Location of propertY: one-half lot %49 and all 950 and 51, Map of Garden Heights, Mattituck; west side. Mary's Road and ~ast side Oak Place. Legal Notice Page 3 9:00 P.M. (E.D.S.T.), upon application of Evelyn Swisky, Bayview Road, Southoid, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide property with less than required area and frontage and for a variance in accordance with Section 280A, Subsection 3 of the Town Law for approval of access. Location of property: north side Bayview Road, Southold, bounded north by West Creek; east by E. Mullen and others; south by Bayview Road; west by Paul Obre and wife. 9:10 P.M. (E.D.S.T.), upon application of James H. Pratt, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance Bulk Schedule for permission to erect loading bin with silo in excess of 35 feet in height. Location of proPerty: west side Cox Lane, Cutchogue, bounded north by McBride; east by Cox Lane; south by L. B. Glover; west by L. B. Glover~ Ahy person desiring to be heard on the above applications should appear at the time and Place above specified° Dated: July 6~ 1973 BY ORDER OF THE SOUTHOLD T©WN BOARD 'OF APPEALS PLEASE PUBLISH ONCE~ July 12~ 1973~ AND FORWARD AFFIDAVITS OF ~UBLICATiON TO THE SOUTHOLD TOWN BOARD OF APPEALS~ ~IN ROAD~ SOUTHOLD~ NEW YORK° NOTICE OF HEARINGS Pm-suant 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 Bcard of A~..pe~ls_ °f the Town of Southeld, at the 'town Office, Main Road, Southold, New York, on July 19, 1973, on the following appeals: 7:~0 P.M. (E.D.$.T.), upon application of Helen Chi~zini: Mt. LEGAL NOTICE Beulah Avenue, Southold, New York, for a variance in ac- cordence with the Zoning Or- dinance, Article HI, Section ~01 and the Bulk Schedule for per- mission to divide property with less than required area and frontage. Location of property,~ cast side of Mt. Beulah Avanue,' Southuld, bounded north by C.W. Booth; eaat by C.W. Banth; south by C.W~ Booth; west by Mt. Beulah Avanue. 7:40 P.M. (E.D·-q.T.), upon application of Dante V. and Evelyn Morel, Bayview Road, Southuld, for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 301 and the Bulk Schedule for per- mission in divide property with less than required area and frontage. Location of property: Lot No. 1, 2, 3 and 157, Map of Cedar Beach Park, Soathold. 8:00 P.M. (E.D.S.T.), upo~ application of John Divello, Soand View Avenue, Mattituck, for a variance in accordance with the Zoning Ordinance, Article IH, Section 302 for permission to construct garage in front yard area. Location of property: north side Soand View Avenue, Mat- tituck, bounded north by Long Island Sound; east by R. Mowory; south by Sound View Avenue; west by Casbor Inc. (park). 0:10 P.M. (E.D.S.T.), upon application of Ray Alexiadhes, Soendview Avenue, Southold, (Meadow Point Properties), for a variance in accordance with the Zoning Ordinance, Article IH, Section ~01 and the Bulk Schedule fbr permission to divide property with less than required area end frontage. Location of property: north side Soandview Avenue, Southuld, boended north by Long Island Sound; east by Couloucoandis; south by Soend- view Avenue; west by B. $:25 P.M. (E.D.S.T.), upon application of Dalchet Cor- peration,' Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to set off existing dwelling en lot with insufficient area .and frontage. Location of prolm'ty: south side Main Road, Cutcbogue, bounded north by MJfin Road; east by Delchet Corporation; south by Dalchat Corporation; west by Dalchet Corporation. 8:35 P.M. (E.D.S.T.), upon application of Phih'p end Claire Dietz, Pequesh Avenue, Cut- chogue, for a variance in ac- cordence with the Zoning Or- dimmce, Article HI, Section 301 and the Bulk Schedule for per- mission to divide property with less than required area and frontage. Location of property: went side Pequnsh Avenue, Cut~hOgUe, 'boUnded north by North Cross Road; east by Pequash Avenue; south by Ed- ward Harvey; west by R. and S. 8:50 P.M. (E.D.S.T.), upon application of Carl's Mobile Homes, 650 East Main Street, PAvorhead, for a variance in ~paccordence with the Zoning Ordinance, Article IH, Section 301 and the Bulk Schedule for permission to construct dwelling with reduced setback from road. Location of property: ene-half lot No. ~ and all No. 50 and 51, Map of Garden Heights, Mattituck; west side Mary's Road and east side Oak Place· . 9:00 P.M. (E.D.S.T.), upon application of Evelyn Swisky, Bayview Road, Southold, for a variance in accordance with the' Section 301 for pennissien to divide property with less than LEGAL NOTICE required area and frontage and COUNTY OF SUFFOLK, ] for a variance in accerdance with STATE OF NEW YORK, ~ ss: Section 280A, Subsection 3 of the J TownLawforapprovelofacceso. Stl/~t~ C, Do..t~8_.n. being duly Sworn, LocaUon of property: north side ............. . Bayview ]~oad, Scuthold, bounded north by West Creek; east by E. Mullen and others; - south by Bayview Hoad; west by Paul Obce and wife. 9:10 P.M. (E.D.S.T.), upefi application of James H. Pratt Ray Avenue, Cutchogue Newi York, for a variance m ac- cordence with the Zoning Or-' dinance Bulk Schedule for per- mission to erect lcadin-g bin with silo in excess of ~ feet in height. Location of property: west side Cox Lane,' Cutcbegue, bounded north by McBride; cast by Co~ Lane; south by L.B. Glovee; west by L.B. Glovar. Any perm desiring to be heard on the above applications should appear at the time and place above specified. Dated: July 6, 1973 BY ORDER OF THE BOARD OF APPEALS 1TJ12 says that he is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~xt Greenport, in said :ounty: and that the notice, of which the annexed is u printe- copy, has been published in the said Suffolk Weekly Time~ once in each week, tog . 9n.~..w.e.~.k. ................ successively commencing on the twelfth 'day of .... J..U.].~.. ~,~.~, ~ .7..3 :. ...... Sworn to before me this ../.~; ...... .ay o* ....... · * . . JOSEPH E. TOWNSE~D~ ~I~ARY. PUBLIC, Et,~ta cf New York NO. 52 9~66~35 Qualified i,: S~lfhdK County ?Z / GOmrnission Expires March 30, [9 ..... Office, Main Ro~, Southold, New York, on July 19, 1973, on the pltcation of Helen Cbl~lnt, Mt. Article ~ ~ection ~01 and the Bulk Schedule for perml~ion to divide ~property wlth~e~s than required ~roa alld frontage. LO* bounded,~orth by C. W. ~th; east by C. W..~tooth; South by pljcatiol~ of Dant~ V. and EVelyn ~rel, Ba~,v~ew Ro~, Southold, Bulk ~Schedule for pe~missio~_ to qulrqd area and frottt4~e. L~ca- plioation of John Oivello, S~un~ a 'rationes in acceptance with Sound; east by C0ulo~tcoundis; off ex,sting d. welling on lot with Location of property: south stde cat~on of pr5perty: w~t side Pequash Avenue, Cutchogue, 'haled north by North Cross ~1; east by Pequash Avenue; south by Edward Tarvey; west by R. and S. Lajda. - 8:50 P. M. (EDST), upon ap- plication of Carl~s Mobile Homes, 650 East Main Street, Rlverhead, for a variance in accordance with the Zoning Ordin~uce, Article III, Section 301 alld the Bulk Schedule for permission to con- struct dwelling with reduced setback from road. Location of property: one-half lot No. 49 and all No. 50 and 51, Map of Garden Hel~h~, ~ttitu~c; west ~ide Mary's-Road and east side Oak 9:00 P. 'M. (EDSTL upon ap* plieati(in' ~f Evely~ Swisky, Bay- view ~ S~lthold, for a vari- ance in a~cordance with the Z~n~ ln~ Ordinance, Article liE, Sec- ' tion 301 for Permission to d~vkie property with lse~ than required area and frontage a~l for a ance in accordance with Section 2~0A, S~bsection 3 of the Town Law for approval of acc~. :ca~ien o! property: .north s~de Bayview ~. ~outhuld, bound- ed north by West Creek: east by E. Mullen and others; south by Bayview Road; west by l~aul Obre and wl~e. &~m~ 9-A0 p. M, (EDST), o~n ~llcation of James H. Pratt, B~ Avenue, Cutoho~ue, New York, for a variance In accordance with the Zoning Ordinance-Bulk Schedule for Permlseian to erect l~ding bin with s~lo in excess of 35 feet in height. Location property: west side C~x l~ne, C~tchogue, bo~mded nort$1 by Mc]~lde~ e~ by Cox Lane: L~ B. GloVer, Any person desir~n~ ~ on the allove a~plicatt0ns s[hould appear at .the time and place aboye s~ecffied. Dated: July 6, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD Ol~ APPEALS SUFFOLK ,IEW YORK ss: Whitney Booth, Jr., being duly sworn, says s the Editor, of THE LONG ISLAND MA'I-rlTUCK WATCHMAN, a public news- ed at Southold, in Suffolk County; and that which the annexed is a printed copy, has been said Long Island Traveler-Mottituck Watch- .~ach week for ..... .~'~.!.~.,~=.....(' ./...../.... weeks' commencing on the ................._~..;~?. ................ .... ~worn to before me this ......... /..:.~... ........ day of ...........i~ , 19....~.~ ......... ....... ........... Notary Pul~c // · FORlt][ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date .................... ~..;..~...., · o ~:.::.~.... :...~:..,.~ .............. ~ a ,~ - ~ ~' "~ ............... ~g~. permit to construct ......... ...... .~ ....................... a~ the pre~ ~cated ~t ....... ~:~..~ .................... ...::~:: ...... ~...:.~- ............................. ~ .............. ~-,~,,~. ~:~.~. ~ M,p ~' Block ~ Lo~ re~U:rned ~erewi~h and disapproved on the following grounds ~b D~ .¢.~. L t ,~ ~/ ..................................... ' ......... .......... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF API:~EALS, TOWN OF SOUTHOLD, N. Y. JAMES H. PRATT ], .................................................................. 0f ........................................... Name of Appellant :Street and Number Cutchogue New York ~m~mv APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD, IN~ INSPECTOR ON APPLICATION FOR PERMIT NO ............................ : ....... DATED ............... i~'""?"'~;7 ~' :' '/'"'~('::::'! ......... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of (X) ( ) (,) Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1~ LOCATION OF THE PROPERTY Cox Lane C-1 Industrial Street Use District on Zoning Map .... ............... i ......................... ................ 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 requirements 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A ~/ARIANCE due to lack of access (State of New York Town LOw Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL ~A previous oppeat (has) (has 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 ( ) is requested for the reason that applicant's structure for storage of bulk Cement exceeds the maximum 35 foot height set forth in the "Bulk SChedule" of the Ordina,nce~' Form ZB1 (Continue on other side) REASON FOR APPEAL Co~tinued 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce practicaldifficulti~ orunn~es- sa~ ~ARDSHIPbecau~ the storage.of bulk cement is absolutely essential to the conduct of applicant's business. The present structure provides a practical and economical manner to store and feed bulk cement intO the applicant's cement dispensing vehicle. The appli- cant's truck has a height of 13 feet, and the present structure permits the vehicle to back under a scale under the storage funnel to receive the stOred bulk cement. 2, The hardshio crea~dis UNIQUE and is notshared by all propedies alJ~ in the immediate vicinity ofthispropedy and in this use district because of the topography of the applicant's pr~mises. The structure erected by the applicant is set in a very low spot on the land, so that in fact, approxi- mately 30 feet of the structure is below the existing road grade adjoining the premises, and 30 feet above said road grade. That portion of the s~ructure rising above the existing road grade is well within the building height requirement of the bulk schedule set forth in the Ordinance. 3. The Variance would obsewe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becouse the surrounding area is in an Indus- trial Zone. The applicant's structure is not unsightl~ and cannot be observed from the road. In addition the structure does not rise higher than the trees on the applicant's premises in the vicinity thereof. The granting of this variance would neither change the industrial tenor of the area, nor place any onerous burdens on any other properties in the inmLediate vicinity of the subject premises. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK) Sworn to this --..~i. ......... day of ............... J..u:..z)..ie.~. ........................... 1 973 August 24, 1973 Mr. James H. Pratt Bay Avenue Cutchogue, New York 11935 Dear Mr. Pratt= Enclosed please find corrected copy of Action Of the Board of Appeals on Appe&l No. 1812. We trust that this delay has not caused you any inconvenience. Very truly yours, ~mm M&rJorie McDermott, Secretary Southold Town Board o~ Appeals Enclosure lYg. 6"Y b COX'S CANE. SCALE: ,,l"- I c CUTCHO&uE,, ~J.¥.