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Home My WebLink About1739 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE 7,OKI~G BOARD OF APPEALS Appeal No. 1739 Dated March 8, 1973 ACTION OF TH~ ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD ?o DorotllV M. Robohm Main Road Southold, New York DATE .~..Gh...~ 9, 1973 Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to prol~rty ( ) Bequest for a special exception under the Zoning Ordinance K ) Request for a variance to the Zoning Ordinance ( ) the appeal I. SPECIAL EXCEPTION. By reseintion ~ the Board it was determined that a ~eri~ exception ( ) be gra~ed ( ) be ~ed pursuant to Artic~ .................... Sect~n .................... Sub~ction .................... paragra~ .................... ~ the ~nin~ O~inance and the decision of the BuHdi~ In~ector ( ) be reversed ( ) be ~lrmed became 9510 P.~o (E.~.~.~) upon application of Dorothy M. Robohm, Main Road, Southold, ~ew York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permission to divide property with less than required area. Location of property: northeast side of Ydungs Road, $outhold, bounded north by C. ~chwarz; east by Midfarm Road; south by H. Convoy and J. Frass; west by Hill Road. 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 practical hardship because difficulties or unnecessary (b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (c) The variance (does) (does not) observe the spirit of the Ordinance and (woUld) change the character of the district because (woUld not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ) be denied and After investigation and inspection the Board finds that applicant requests permission to divide property with less than required area on premises located on the northeast side of Youngs Road, Southold, New York. The findings of the Board are that Parcel I as described in the survey of Van Tuyl dated September 21, 1960 is larger than surrounding parcels. The Board agrees with the reasoning of the applicant as set forth by the applicant's attorney. The descriPtlOU of this Parcel I, as contained in the survey, includes a pie-shaped piece which is separately designated on the survey. 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. TI~"RE~ORE 1T W~AS RESOLVED Dorotltv M. Robohm, Main Road,' Southold, New York, be GRANTED permission to divide property with less than required area on premises located on the northeast side of Youngs Avenue, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, t~lse, Doyen. L!EG~L~OTicE 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 March 29, 1973, on the following appeals: 7:30 P.M. (E.S.T.), upon application of Gordon G. Bishop, 600 Clearview Avenue, Southoid, New York, for a variance in accordance With the Zoning Ordinance, Article III, Section 300 C4 and Section 302, for permission to construct private garage in front yard area. Location of property, west side Gardiners Lane and south side Clearview Avenue West, Southold, bounded north by Clearview Avenue West; east by Gardiners Lane; south by Dart; west by John Mulhali. 7:40 P.M. (E.S.T.), upon application of James F. Murray, Vanston Road, Nassau Point, Cutchogue, New York, for a variance Article III, Section 301 and the in accordance with the Zoning Ordinance/Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property: Lots 4 and 5, Map of Peconio Bay Properties, Inc. 7:50 P.M. (E.S.T.), upon application of Dante H. Catullo, 15 Rossiter Avenue, Yonkers, 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 : north side Bailey Beach Road, Mattituck, bounded north by other land of applicant; east Legal Notice Page 2 by right of way and Gatz; south by Bailey Beach Road; west by J, Little. 8:00 P.M. (E.S.T.), upon application of Joseph and Mary Kirwin, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permission to divide property with less than required area and frontage. Location of propertY : Lots 9118 and 119, Map of Nassau Farms, Peconic, New York. 8:05 P.M. (E.S.T.), upon application of Carl and Frances ChaPman, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article Iii, Section 303 and Bulk Schedule, for permission to construct dwelling with less than required setback. Location of property: Lot $12, Map of Salt Lake Village, Mattituck, New York. 8:15 P.M. (E.S.T.), upon application of Elizabeth A. Allen, and Jane Chambers, 280 Henderson Street, Jersey City, New Jersey, for a variance in accordance with the Zoning Ordinance Article Section 300, for permission to use existing accessory building as dwelling. Location of property: west side Stars Road, East Marion, bounded north by Stars Road West; east by Stars Road; south by Philip Frumenti; west by Balders, Weiss and others. 8:30 P.M. (E.S.T.), upon appliqation of Edcho Corp., 320 Front Street, Greenport, New York, for a special exception in accordance with the Zoning Ordinance Article Vii, Section 700 B4, for permission to operate public garage. Location of property, north side Sound Avenue, Mattituck, bounded north by L.I. Railroad; east by A. Tuthili; south by Sound Avenue; west by A. Paikovich. Legal Notice Page 3 8:40 P.M. (E.S.T.), upon application of Williams Constructin inc., 320 Front Street, Greenport, New York, for a variance in of the Zoning Ordinance accordance.with Article iii, Section 303~ for permission to construct dwelling with less than average setback. Location of property: east side Corey Creek Road, Southoid, bounded north by E. Hau; east by A. Meyer; south by J. Dunker; west by Private Road, Corey Creek Road. 9:00 P.M. (E.S.~.), upon application of Robert E. Levy, Harbor Lights Drive, Southo!d, New York, for a variance in accordance with Article Iil, Section 300 C3 and Section 302, of the Zoning Ordinance, for permission to construct garage in front yard area. Location of property: Lot ~8, Map of Harbor Lights Estates, Section One, Southold. 9:10 P.M. (E.S.T.), upon application of Dorothy M. Robohm, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permissisn to divide property with less than required area. Location of property: northeast side of Youngs Road, Southold, bounded north by C. Schwarz; east by Mid,arm Roadt south by H. Conroy and J. Frass; west by Hill Road. 9:20 P.M. (E.S.T.), upon application of Sarah E. Gillespie, Smith Drive North, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 Ci for permission to use building as doctor's office, doctor does not live in same building. Location of property: east side ~aple Lane, Southoid, bounded north by B. Heilman; east by L. Edson; south by D. Pettit; west by Maple Avenue (Private Road). LEGAL NOTICES NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Raiding Zone Ordi- nance of the Tow~ of Southold, Suffolk County, New York, public hearings will be held by the Zon- ln~ Board of Appeals of the Town of Southold. at the Town Office. Main Road. Southaid, New York, on March 29. 1973, on the follow- i~ al~peals: 7:30 P. M. (EST). upon appli- cation of Gordon G. Bishop, 600 C]earview Avenue· Southold~ New Rosslter Avenue, Yonkers, .New win, Bay ~nue, Cutchogue, New quirod area and frontage. Lacs- lng with leas than required set- back Location of l~0perty: Lot No. 12, Map of Salt Lake Village, Jane Chambers, 280 Henderson Street, Jersey City, New Jersey, Section 300, for pe.r~misston to use extslin~ building as dwelling. Location of property: west side Stars Road, E~st Marion, beu~d- ad north by ~ars ~ West; east by Stars Road; south by Philip Prumentl; w~si by Balders, Weias and otllers. 8:~0 P. M. (E~'I~, upon al~li- cation of Edcho Corp., ~20 Prent 8h~est, Orcenpor~, New York, for a special exception in accordance with the Zoning Ordl.~.nce Ar- Section 700 B4. fo)' per- tlcle '~oc~tion of property, north side ~/~nd Avenue, Mattituck. bound- ed north by I~ A. Tuthfll; south by Seund .A'mue: west by ~' l~lkovteh. 8;40 P. M. lEST), upon_appli- cation/ of Williams Constructing, Inc.. 320 Pront 8~re~t, Greenport, eord~nee with ArtiCle HI. Seetl~ '~ll~ of the Zoning Ordinance, for p~rmt~ioS~ t~ constru~ /Iweliln~ wl~h less '}hah averse '~tback. E°Cation ~ property: ,east side Corey Creek Ro~d. Bouthaid. -b~. A~ .Meyer ~ sov~h .bi/- ~ Dunker; C~ek Road~ 9:00'P, ~. IES~T), upon appli- cation of ]~obert E. Levy, Harbor Lights ~lve. Southold, New Yox~kJ for a variance in accord- ance with Article III, Section, 800 C8 and Section 302. of the Zonin~ Ordinance, for permis- sion to construct ~ara~e in front yard area. Location of pro~erty: Lot No. 8, Map of Harbor Lights Estates, Section One, Southold] _ cation of Dorothy M. Robohm, Main Road. Southold. New York, for a variance in accordance with the Zoning Ordinsnce, Article III, Section 301 and Bulk Sched- ule, for permi~ion to divide prop- arty with le~ than required area. L~cation of property; northeast side of Youn~s Road, Southold,' bounded north by C. Sehwarz; east by Midfarm Road; south by Hill Road. cation of Sarah E. Gillespie. Smith Drive North, Southold, New York, 'for a variance in ac- cordance with the Zoning Ordi- nance, Article III. Section 300 C1 for permission to use buildin~ as live in same building. Location of property: east side Maple Lane, Southoid. bounded north by B. HeIlm~n; east by L, Edson; south by D. Pettit; west by. Maple Ave- nue CPrivate Hoad~. A~ay person de~irin~ to be heard on the above application~ should appear at the time and place specified. Dated: March 16, 1978 BY ORDER O1= THE SOUTHOLD TOWN ~OARD O1= APPEALS 1T~-22 COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being du that he is the Editor, o{ THE LC TRAVELER - MATTITUCK WATCHMAN, - paper printed at Southold, in Suffolk Co, the notice of which the annexed is a printed published in said Long Island Traveler-Ma man once each week for ..L~..~.: successively, commencing on the .............. ~ Sworn to before me this .......... ~. ..... ADELE PAYNE Notary Public. State o[ New Yor omanee, Article IH, Section for permission to use existing accessory building as dwelling. Location of property: west side Stars Road, East Marion, boanded north by Stars Road West; east by ~ Road; south by Philip Frumanti; west by Balders, Weiss and others. 9:30 P.M. (E.S.T.), upon ap- plieatian of Edcho Corp., 320 I Front Street Greenport, New York fer a special exceptibn in accordance with the Zoning Ordinance, Article VII, Section 700 IM, for permission to operate public garage. Location of property, north side Sound Avenue, Mattituck, bounded north by L.I. Railroad; east by A. Tuthill; south by Soand Avenue; west by A. Palkovich. 8:40 P.M. (E.S.T.), upon ap- plication of Williams Con- structing, Inc., 320 Front Street, Grccnport, New York, for a variance in accordance with Article IH, Section 30~, of the to construct dwelling with less than average setback. Location of property: east side Corey Creek Road, Southold, boanded north by E. Hau; east by A. Meyer; south by J. Dunker; west by Private Road, Corey Creek Road. 9:00 P.M. (E.$.T.), upon op- plleatian of Robert E~ Levy, Harbor Lights Drive, Southoid, New York, fer a variance .in accordance with Article III, misston to construct garage in fnmt yard area. Location of property: Lot No. 8, Map of Harbor Li...hts Estates, Section One, 8outhold. 9:10 P~M~ (E.S.T.), upan ap~ plieation of Dorothy M. Robohm Main Road, Sauthold, New York for a variance in accordance wit{ the Zoning Ordinance, Article II1 Section 301 and Bulk Schedule for permission to divide proper1: with less than required area. Location of property: nertheasi I side of Youngs Road, Southold, I boanded north by C. Sehwarz; east by Midfarm Road; south by H. Conroy and J. Frass; w~.~.~ Hill Road. ~ 9:20 P.M. (E.S.T.), upon ap- plieation of Sarah E. Giliesple, Smith Drive North, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article IH, Section 300 C1 for permission to use building as doctor's office, doctor does not live in same building. Location of property: east side Maple Lane, Santhold, bounded north by B. Hellman; east by L. Edson; south by D. Pettit; west by Maple Avenue (Private Road). Any person desiring to be heard on the above applications should appear at the time and place Dated: March 16, 1973 BY ORDER OF THE BOARD OF APPEALS 1TM22 GOUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: ........ ~.t.u.a.r.t..C.:..D.o.~..sm .............. being duly Swot says that ...h.?.. is Printer and Publisher of the SUFFOL WEEKLY TIMES, a newspaper published ut Greenport, in s~: county: and that the natic~, of which the annexed is a print: copy, has been published in ~he said Suffolk Weekly Tim: once in each week, for ......... .o.n?. .............. wee', successively commencing on ~he ..... t.¥.e.n.t.y.-.s.?.o.n.d. ..... day of ..... ?~7.~. z:/. d ...... S~vorn to before me ~his ...~,.~'; ... '~ ~; ' O' ~' ~'~ ................ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFF~CE SOUTHOLD, 1'4. Y. NOTICE OF DISAPPROVAL ? L4/ ~ File No ................................................................... Date ............. /.'..~.?.~.~.?..'....,.~ ............ , ] 9 ~o % .......................... ¢..¢; ........ ;~.% ............... ~..~ ....... .................. :; ............... : .. ...... ~, ................................ ..................~2%: ....... %:..L..',"-~' .................................... PLEASE TAKE NOTICE that your application dated :¢/ :-d ....~. '4 19 ? ~or permit te ~¢.~ ...................................... et the prem,ses tocoted ~t....¢ ................. %=.....~ .......... .................................................................... 5tree~ Mop ~ Block ~ Lot ............... ; ..................................... : ...... · ..................................................................... ~S r~~r~z~ ~r~ ~ro~ o~ t~ ~ol~ow~ ~ ~ ~ .................. ~..~¢ ................................. TOWN OF SOUTHOLD, NEW YO~K APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. !937 DATE 3 Name of Appella,nt Street and Number ....................... .S..o...u..t...h..o...1..d....: .............................................. ' ...N..e...w..~..~..°...r..k....:...HEREBY APPEAL TO Municipality State THE ZONING BOARD 0IF APPEALS FROM THE DECISION Of THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED · ,/.~?¢~j. L4~.& ~' l~ 7 / WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ) ( ) Name of Applicant for permit of Main Road Southold New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~N0.r~theas~t.e~.y.~.~.Y..~.~UD.g.s.~.R..~.~.~.d..~..W..e...s..t.~.a.s shown on attached survey Street Use District on Zoning Map Map No. Lot No. ~ 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.) Section 301 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 appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ~'oz~'n ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Lillian M. Frs~s who is the contract vendor in this matter owns both the vacant land marked Parcel I on the attached survey and lives in her dwelling located on Parcel II on the survey. Originally the house parcel was owned by Lillian Fraas and her husband, John Fraas, now de- ceased. By reason of his death there is a technical merger of Parcel II with Parcel I although before the death of John Fraas the parcels were in separate ownership. The technical merging of the two parcels into one ownership would render parcel I valueless unless permission is given by the Board for a variance allowing the separation of the two parcels as they were prior to his death. 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 becouse there is a technical problem created by the death of John Fraas. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the construction of the new house for the applicant herein would merely fulfill the original planning for the use of this property. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Dorothy M. Robohm, by Lefferts P. Edson, Attorney Sworn to this ............ .8.~.b. .......................... day of ...........~r.C. tl .................................. 19 73 4 UNAUTHORIZED ALTERATION OR ADDITIOt' TO THIS SURVEY IS A VIOLATION OF