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HomeMy WebLinkAbout1801 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No, 1801 Dated June 11, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Carl H. Schooff Hobart Road $outhold, Nov York DATE ..~U.?...~.~, 1973 AppeHant 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 property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) Jtme 28, 1973 the appeal 1, 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 Zonin~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be conflflned because 9~00 P,Mo (E.SoT°), upon application of C~rJ. H. Schooff, Hobart Road, Soutkold, Nov York, for a Variance in 'ao©ord~nco · r~th ~ho Zonin~ Ordinance~ Article III, Section 301 a~td' the Btclk Schod~'®, for por~sion to d~v~d® lots ~r~th dvo~lin~s wlcCch do net have eufficient area or frontage. Locationof prop~rty~ Hobart and 01d Shipyard Lane, Southold, Lot ~l, Nap of Founders Eatates. Fee paid $1~o00, 2. VARIANCE. By resolution of the Board it was determined that~ (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVIIRSE difficulties or uunecessary (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 S~E REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SOE REVEREIE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be cenflrmed ( ) be reversed. SEE REVERSE ) be denied and After investigation and inspection the Boa~d fin~s that applicant requests permission.ts divide lots w~th dwellin~s which de not have sufficient area or freatage en Hobart and Old Shipyard Lane, Southold, I~ ~1, ~p ~f Fo~ers Estates. ~e f~n~s of the Bo~d ~e t~t ~. Schoeff ~shes t~ ~l~w 87 feet f~r the lar~er house on the n~rtherly liae of the property ~ 67 feet for the s~ler house ca the northerly line ~f the property~ 80 feet fcr the larger house en ~he s~utherl~ line of the propert~ ~d 4~ feet for the s~ler house ~n the southerly line of the pr~per~T'. The ~d fin~s this to be ~ eq~table ~ivision 9f property ~d a~ees ~th the reasoni~ of the applio~te The Boa~d finds that strict application ef the Ordinance would produce practical difficttl~i~e .eT ur~eqeseary hardship; tho h~r~ehip created ia ,,~que ~md w~ul4~t Be s~ar®d by all proper~ies alike in th9 imme~ia~ev~ointt7 of this ~roper~y ~nd in the'same use district~ and tho variance will.no~ ch~n~s the character of the neighborhood and w~ll observe ~he spirit ef the Ordinance.: ~ THEREFORE IT WAS RESOLVED, Carl Ho $chooff, Hobart Read, Seuthold, New York, be GRANTED permission to divide lots ~th dwelli~s ~ich do not ~ve s~ficient =ea er frcnta6e, Hobart ~d Old Shipy~d L~e, Southeld, New York, Let ~1, ~p of Fo~ers Estates, as applied for, subject to the followi~ cendition~ That any enlargement of either of these dwellings should be discussed w~th the Beard cf Appeals. 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 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 $5; east by Oaklawn 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, Box 888, Sound Avenue, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Echedule, for permission to divide lots with less than required area. Location of property: north side Ruth Road, Mattituck, ~ounded 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: Lo~ ~73, Map of Cleaves Point, Section III. Legal Notice Page 2 8:00 P.M.(E.D.S.T.), upon application of Joy Finkle and Millie Messeri, Main Road, Orient, New York, for a variance ~n 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: north 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 Ahiers 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, Kaelin 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 and 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 441, 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; wes= 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 permisslon to divide property with less than required area and frontage. Location of property: Part Plot ~i24, 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. tively, for a special exception in accordance with the Zoning Ordinance, Article V, Section ~}0, Subsection B-l, for permission to erect multiple dwellings. Location of property: west side Youngs Avenue, Southold, bounded north by D. Charnews; cast by Yoangs Avonue; south by Long Island Rail Road, Maier, Averett, Kaclin and others; and west by R.B. Grattan, Wetkowski and others. 8:45 P.M. (E.D.S.T,), upon application of Ge~ge Ahlers and Barry Hcllman, Cutchogue and suuthold, New York, respec- tively, for a variance in ac- cerdance with the Zoning Or- dinance, Article V, Section for permission to construct multiple dwellings with some buildings over 125 feet in length. Location of property: west side Youngs Avenue, Southold, boanded north by D. (~nsrnews; east by Yoangs Avanue; south by Lo~ Island Rail Road, Maier, Averett, Kaelin and others; and west by R.B. Grate, We~W~/~ and others. 9:00 P.M. (E.D.S.T.), up~ application of Carl H. Schooff. Hobart Road, Southold, Ne~ York, for a variance in ac- dinance, Article IH, Section and the Bulk Schedule, for per- mission to divide lots with dwellings which do not have sufficient area or frontage. Location of property: Hobart and i01d ~,/hipyer d Lane, Scuthcld, Lot No 41, Mapof Foanders Estates. 9:10 P.M. (E.D.S.T.), upon application of Wilber Kaiser, Horton Lane, Mattituck, New York, for a variance in ac- cordance 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, bowded north by Horton Lane; caSt by C. Sanders; south by North Fork Baptist Church; wezt by North Fork Baptist Church. 9:20 P.M. (E.D.S.T.), upon application of Anna Maria Pfutmar Pine 1'tee Road, Cut- chague~ New York, for a variance in aconrd~nce with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule, for permission to divide p~operty frontage. Location of property:. Part Plot No. 124, Map of Farms, Cutcbogue, New York. Any porson desiring to be hcerd · on the above appeals should appear at the time and place above specified. Dated: Jane 15, 1973 BY ORDER OF THE BOARD OF APPEALS 1T J21 COUNTY OF SUFFOLK, ] ~ ss: STATE OF NEW YORK, j ·. St.u.~.r.t..C....~.qr.r.~.n ...... being duly Sworn, says that ....he.. is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and that the notice, of which the ~nnex~d is ~ printed copy, has been published in the said Suffolk Weekly Times one weeks once in each week, f~r ........................... successively commencing on the .... .t.~?..t?.-.f.i..~s..t ......... day of ..... ~.un..~.: ..:.~1~9~3:. _ Sworn to ~ me this ...'~../.... ! / ~ >.~.~--....- ...................... / ,~',~$~:~w~.~t.~.IO~,~$~.~ .................. NOTICE OF HEARINGS Pursuant to Section 267 of the Toval Law and the provisions the Amended Building Zone dinance of the Town of South- old, Suffolk County, New York, public hearing, s will be held by the Zoning Board of Appeals of the Town of Southold, as the Town Office, Main Road, South- old, New York, on June 25, 19'/;~, on the following appeals: 7:30 P. M. (EDSTI, upon ap- plication of John Charnews, iWaln Road, Southold, for a variance in. accordance with the Zoning Ordinance, Article Ill- Section 301 and the Bulk Schedule, for permission to divide lots with lessthan ~equlred 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- jean, Box 889, Sound Avenue, Matt(tuck, for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Sect(oil 301 and Bulk Schedule, for pe~'mls- sion to divide lots with less than required area. Location of prop- erty: north side Ruth Road, Mat- tituck, bounded north by Lon~ Island Sound; east by B. Vree- land; south by Ruth Road (Pri- vate Road): and west by A. Joos and aha. 7:50 P. M. (EDSTI, upon ap- plication of James and Macgarei Boylan, 11 Gedney Aven9e~ Smithtown, New York, for a var- iancein accordance with the Zon- ing Ordinance, Article III, Sec- tion 301, the Bulk Schedule and Artice XVII, Section 1702, for permission to construct dwellin~ in subdivision Cleaves Point, Sec- tion III, which is not on approved list and lot does not have suf- ficient width or area. Location of property: Lot No. 73. Map Cleaves point, Section III. plication of Joy Pinkie and Mil- New York, for a variance ii1 ac- cordance with the Zoning Ordi- and the Bulk Schedule, for per- mission to operate a second premises with a public garage. Location of proper~y: north Side Main Road, Orient. bounded no,'th by H. Scl~midt; east by H. Schmidt; south by Main Road: west by H. Terry Estate. plication of George Ahlers and Barry Hellman, Cutchogue and S0uthold, New York, respectively. for a special exception in accord- ance with the Zoning Ordinance, Article V, Section 500, Subsec- tion B-l, for permission to erect multiple dwellings Location al property: west side Youngs Ave- nue, Southold, bounded north bl; D. Charnews: east by Young; Avenue; south by Long Island Rail Road, Ma(er, Averett, Kae- lip and others; and wes~ by B. Gratte.n, Wetkowski and others. 8:45 P. M. -tEDST). upon ap- plication of George Ahlers and Barry Rellman, Cutchog,ae and Southold, New York. respectively, ior a variance in accordance with the Zoning Ordinance. Article V, Section 502, for per- dwellings with solne bu. ildings over 125 feet in length. Location of property: west side Young,~ Avenue, Southold. bounded north by D. Charnews; east by Ycungs Avenue; south by Lon~ Island Rail Road, Ma(er. Averette, Kae- lin and others: and west by R. B. Orattan, Wetkowski and others. __ __ 9:00 P. M. iEDST}, upon ap- plication of Carl H. School(, Ho- bart Road. Southold, New York. for a va~,iance in acco~'dance with the Zoning Ordinance, Ar- ticle III, Scctio~~. 301 and the Bulk Schedule, for permission to divide lots with dwellings which do not have sufficient area or frontage. Location of property: Hobart and Old Shipyard Lane, Southold, Lot No. 41, Map of Founders Estates. 9:10 P. M. (EDST), upon ap- plication of Wilbur Kaiser, Hot- ton Lane, Matt(tuck, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Section 301 and the Bulk Schedule, for permission to di- vide lots with less than recl~flred COUNTY OF SUFFOLK J STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, soys 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 annexed is a printed copy, has been published in said Long Island Zroveler-Mattituck Watch- man once each week for ..~~......~.~...~.... week~ successively, commencing on the ............. ~,./~.~.~... ......... ................... .......... / Sworn to before me this ..... .~...?. ]~day. of ADEL£ PAYN£ N~ary Public. S~ate of New York FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. :Date ........ ?'"r '""*', .......... '~' ....... ~ .......... ~ ................................ PLEASE TAKE NOTICE that your oppl cot o~doted ...... ~,x_ { ( )9 ~ '~ ~ ~ , . m ¢~.¢.,' ........ ~'7' ............ 7"; ............ ', ' ....... for permit to ~t-~t'~.~....~¢h]44~.at the premises located at.../~.//ff~/~....~f~ ............. ~-,. ~.~o.~,.,.~..~..~ ................................. Street ~ / ~p .~.:~.~......~: ~,o~ ...... ~ ............................. ~o~ ~.~ ......................................... r~tu,~ herewith fl~d disapproved on the following grounds ...~% ........ :~,~;.',,/~4f,,~22 ...... .,.~%~¢ ..... ~ ............ ~...~ .................... ; ................. ~..~ ............................. 4~ ........................... (p,~.~:*¢: .................................................................................................................................... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSP_CTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appella,n.t Street and Number ..~.:..:.~....~.. , ................................................................. ~..~., . ........... .EREBY APPEAL TO MunicipalityState THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING IN.SPECT~OR ON AppL,CATION FOR P'ERM,T NO ..................................... DATED .... .~¢~....!.~ ...... ~.~.. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY r: ,. LOCAT,ON OF THE PROPERTY ........................................................ : ................ :.d..:.~.::..~ .... Street Use District on Zoning Map ....... ~.~:.:. .~ :...::.:': ....................... £ ... ...... : ..... ~/. ..... Map No. <c-."~ ' : ,,:- 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.) 3. ,~PE OF APPEAL Appeal is made herewith for ( ~ A VARIANCE to the Zoning Ordin.ance 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) (ha:s not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOP~ APPEAL ) j.A Variance to Section 280A Subsection 3 ~0 / A Variance to the Zoning Ordinance ) ~s requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Con t inued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2, The hardship created is UNIQUE and is not shared by all groperties alike in the immediate vicinity of this property and in this use district beoause ~ -- /2 ~ _/2 . 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK COUNTY OF ~%~\\~'~ ss Sworn to this ............. .~.~Z..~.. ..................... day of .........~..~.'.'.x.%...~r.. ............................ 19"'~°-'-) Notary Public TERRi LEE ELAK NOTARY PUBLIC, State of New York No. 52-6168295 Quali'~ied in Suftoik CoLm'-.y 1~ --~L.j Commiss;on Expires ,:'v;2rch 30, OLD DH ~ P",r'A ~ D ~.OAD PiPE / / -/ SCA LE-30', i" .~,P!,0NUMENT