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HomeMy WebLinkAbout1756 TOWN OF 5OUTHOLD, NEW YORK ACTION OF THE ZONK~IG BOARD OF APPEALS AppealNo. 1756 Dated April 10, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOVfN OF SOUTHOLD To Skiny Dip Pool Co., Inc. 250 Cox Lane Cutchogue, New York 1973 Appellant at a meeting of the Zoning Board of Appeals on May 10, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to propert~ ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1973 me 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 Zoning Ordinance and the decision of the Building In~pecter ( ) be reversed ( ) be con/irmed because 7:50 P.M. (E.S.T.), upon application of Skiny Dip Pool Co., Inc., 250 Cox Lane, Cutchogue, New York a/c Arthur Siemerling, Inlet Drive, Capt. Kidd EStates, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C and Section 302 for permission to'build swinuning pool in side yard: area. Location of property: Lot #70 and ~1/2 of Lot #69, Map of Capt. Kidd Estates, Mattituck, New York. 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 hardship because practical difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be sha~ed 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 (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 cor~firmed ( ) be reversed. SEE REVERSE APPROVED FORM ZB4 .... ~ ZONING BOARD OF ~A~PPEAI~ ~---- f~or~e McDemott, Secretary After investigation and inspection the Board finds that applicant requests permission to build swimming pool in side yard area, Lot #70 and 1/2 of #69, Capt. Kidd Estates, Mattituck. The findings of the Board are that applicant is the owner of a corner lot which restricts his rear yard area. 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 Skiny Dip Pool Co., Inc., 250 Cox'Lane, Cutchogue, New York a/c Arthur Siemerling, be GRANTED permission to build swimming pool in side yard area, Lot #70 and 1/2 of Lot #69, Capt. Kidd Estates, Mattituck, as applied for, subject to the following conditions:' That the pool, itself, shall be located no closer than 7 feet to the easterly side line of this property. 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 May 10, 1973, on the following appeals: 7:30 P.M. (E~D.S.T), upon application of Skinny Dip P~$1 Co., Inc., 250 Cox Lane, Cutchogue, a/c Richard Addy, Sound View Avenue, Southold, for a variance in accordance with the Zoning Ordinance Article Iii, Section 300 C and Section 302, for permission to construct swimming pool in side yard area. Location of property: north side Sound View Avenue, Southold, New York, bounded north by Long Island Sound; east by Alfred H. Cosden; south by sound View Avenue; west by Estate of Joseph H. Marshall. 7:40 P.M. (E.D.S.T.), upon application of Anthony Gambino, Deep Hole Drive, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to construct addition to dwelling with less than required side yard and will change setback. Location of property: Deep Hole Drive, Mattituck, bounded north by Mathais Brewi; east by Deep Hol~ Drive; south by G. Nuzzolo; west by Deep Hole Drive, 7:50 P.M. (E.D.S.T.), upon application of Skinny Dip Pool Co., Inc., 250 Cox Lane, Cutchogue, a/c Arthur Siemerling, Inlet Drive, Capt. Kidd Estates, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C and Section 302 for permission to build swimming pool in side yard area. Legal Notice Page 2 Location of property: Lot #70 and 1/2 of lot 969, Map of Capt. Kidd Estates, Mattituck, New York. 8:00 P.M. (E.D.S.T.), upon application of Charles O. and Florence A. Ziegler, 1600 Bay Avenue, East Marion, for a variance in accordance with the Zoning Ordinance Article IV, Section 400 and Bulk Schedule, for permission to divide property with less than required area. Location of property: west side Bay Avenue, East Marion, New York, bounded north by W. Washburn; east by Bay Avenue; south by Marion Lake; west by W. Washburn. 8:10 P.M. (E.D.S.T), upon application of S. Lloyd Dickerson, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305, as applicable to Article VII, for permission to construct six foot high chain link fence in front yard area. Location of property: Main Road and Sigsby Road, Mattituck, New York, part of lot 92 and %3, Map of Mattituck Park Prope~ty~ Dated: April 26, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, May 3, 1973, AND FORWARD FIVE (5) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK Copies mailed to the following on April 26, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Skinny Dip:.Pool Co., Inc. a/c Richard Addy 'Anthony Gambino Skinny Dip Pool Co., Inc. a/c Arthur Siemerling Charles O. & Florence A. Ziegler S. Lloyd Dickerson 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 Coanty, New York, public hearings will be hold by the Zoning Board of Appeals of the Town of Southold, at the Town New York, an May 10, 1973, entbe followin~ appeals: 7:30 P.M. (E.D.S.T.), upon application of Skinny Dip Pool Co., Inc., 250 Cox Lane, Cut- chogue, a-c Richard Addy, Sound View Avenue, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C and Section 302, for permission to c~mstruct swim- ming pool in side yard area. Location of property: north side Sonnd View Avenue, Southold, New York, bounded north by Long Island Sound; east by Alfred H. Cosden; south by Sound View Avenue; west by Estate of Joseph H. Marshall. 7:40 P.M. (E.D.S.T.), upon application of Anthony Gambino, Deep Hole Drive, Mattituck, for a variance in accordance with the Zoning Ordinance, Article HI, Section 303 and Bulk Schedule, for permisoi~m to consiruct ad- dition to dwelling with less than required side yard and will change setback. Location o! property: Deep Hole Drive, Mattituck, boanded north by Mathais Brewi; east by Deep Hole Drive; souih by G. Nnszolo west by Deep Hole Drive. ~ 7:50 P.M. (E.D.$.T.) upon application of Skinny Dip Pool Co., Inc., 250 Cox Lane, Cut- chogue, a-c Arthyr $iemerling, Inlet Drive, Capt. Kidd Estates, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C and Section 302, for per- mission to build swimming pool in side yard area. Looatiea of property: Lot No. 70 and ~i of lot No. 69, Map of Capt. Kidd !Estates, Mattiinck, New York. 8:00 P.M. (E.D,S.T.), upon application of Charles O. and Florence A. Zingier, 1600 Avenue, East Marion, for a variance in accordance with the Zoning Ordinance, Article IV, Scctioa 400 and Bulk Schedule, for permission to divide property with less than required area. Location of property: west side Roy Avenue, East Marion, New York, bounded north by W. Wash- burn; east by Bay Avenue; south by Marion Lake; west by W. Washburn. 8:10 P.M. (E.D.S.T.), upon applicatien of S. Lloyd Dicker- son, Main Road, Mattituck, New York, for a variance in ac- cerdance with the Zoning Or- dinance, Article III, Section 306, as applicable to Article VII, for permission to construct six foot high chain link fence in front yard area. Location of property: Main Road and Sigsby Road, Mat- tituck, New York, part of Lot No; 2 and No. 3, Map of Mattituck Park Property. 8:20 P.M. (E.D.S.T.), upon application of George Bird, Lapinn Point Road, Mattttuck, New York, for a special excepflen in accordance with the Zoning Ordin~rlce, Artiole IH, Section 300 B14, fer permission to conduct an auction sale on property of J.H. Cansidy, Incorporated. Looatioa of property: Boisseau Avenue, Southold, bounded north by Peter Meyer, Jr.; east by Peter Meyer, Jr.; south by Long Island Railroad; west by Roiesenu Avenue. 8:30 P.M. (E.D.S.T.), ~pon application of ~iT-~beth M. Villa, Robinson Lane, Pecmic, New · York, for a special exception in accordance with the Zoning ~00 BI¢, for permis~ien to conduct a Yard Sale on property of P. liT~eth M. Villa, east side of P, obinsan Lane, Lots No. 20 and No. ~-, Map of Peoonic Bay Oaks, Peemflc, New. York. BY ORDIgR OF COUNTY OF SUFFOLK, STATE OF NEW YORK, } ss: ...................................... being duly Sworn. says that .... h.e.. is Printer and Publisher of the SUFFOLK W~KLY TIMES, a newspaper published ~t Greenport, in said countyI and thut the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, f~r ......... .o.n~ ............... weeks successively commencing on t~e ........ ~h..~.d. ............. day of .... F.~..~'~--~_-.~.., · 19..~.~. ~----__--?._ ..~5.~'.~ .~ . ~'.~_~. k'~...~$~ ... ~.~- ~ ........... Sworn to before me this .... /'?'" ~' day of · ×~. · A;~.~/. ........ 19...~ · ! / ./ I~IU:A,:, PUBL!C OF NEW YOR~'- - NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions the Amended Building Zone O. dinance of the Town of Seuthold, 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 May 10, 1973, on the following appeals. 7:30 P. M. (E'DST), upon appli- cation of Skinny Dip Pool Co.. Inc., 250 Cox Lane, Cutchogue, a/c Richard Addy, Sound View Ave- nue, Southold, for a variance in accordance with the Zoning Or. dinance Article III, Section 300 C l, for permission to construct swimming pool i~t side area. Location of property: north side Sound View Avenue, Southold, New York, bounded north by Long Island Sound: ernst by Alfred H Cosden; south by Sound View Avenue; west by Estate of Joseph It. Marshall 7:40 P. M. (EDST), upon appli- cation of Anthony Oamhino. Deep Hole Drive, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Sched- ule, for permission to construct to dwelling with less than required side yard and will change setback. Location of prop- erty: Deep Hole Drive, Mattituck, bounded north by Nlathais Brewt; east by Deep ~lole D~ive; south by G. Nuzzolo; west by Deep 14ole Drive. 7:50 P. M. plication of Skinny Dip Pool Co., Inc., 250 Cox Lane, Cutchogue, a/c Arthur Siemerling, InletDrive, Capt. Kidd Estates, l~Iattttuck, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C and Section 302 ' for permission to build swim- and ~ of lot NO. 69. Map of Capt. Kidd Estates. Mattituck New York. plication of Charles O. and Flor- accordance with the Zoning Ordi- required area. Location of prop- north by W. Washburn: eas[ by plication of S. Lloyd Dickerson, Main Road, Mattituck, New York. III, Seclion 305, as applicable to Article VII, for permission to construct six foot high chain llnk York, part of lot No. 2 and Point Road, Ma~tituck, for a with Zoning Ordinance, Article III, Section 300 B-14 for permis Avenue, Southold, hounded north Meyer, Jr., south by Long Island 8:30 P. M. (EDST), upon ap- plication of Elizabeth M Villa Oaks. Peconic. N. Y. Dated: April 26. 1973 BY ORDER OF THF COUNTY OF SUFFOLK STATE OF NEW YORK 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 onnexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- successively, commencing on the ........... ~.~ ............ day of .......... ...~,.~..cff~......., 17. ~..~.'-.~.. Sworn to before me this ......... .~ .......... day of ........... ADCLF PAYNE TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING tNSP_CTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ...... ~;~:~ ..~..,.~..,~.~ .... ~ ........... of - ~ -~ ~ '~ - · ..... ~..~ .- ~ ..u~.~.....;. ~ ....... ;, ............................ Nome of Appella,n~ btreet ana INumoer ..................... ?~.~..q.~.~ ..... ; ................................................ ' ..Z~e~..~.'O~.~ ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipality State ) PERMIT TO USE PERMIT FOR OCCUPANCY ) 1. LOCATION OF THE PP, OPERTY ........ ' ~..e..¢.. bm~-V.~ ,. - ~t~ ~,~ ~,4- ........................................................... ;, ;~.~, ,~, ,~,~ ,~, ~ .......... Street, Use District on Zoning Map .... !.f.?.?. ................ ........................ 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.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~- A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to [ack of access (State of New York Town Law Chap. ~2 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such c~peai was ( ) request for a special ~ermit ( ) request for a variance aha 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 ~,s ~s ~ e,c,z~ez-~ pZece e£ ~o?®~-~~ ~d the h~ 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 because b,~aSe iff :~o~te~ on a 3. The Variance would ooserve the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because o~ ~:~g~ ~ ~st ob,,~r,~o~s t~¢~ ~ COUNTY OF ) Sworn to this "~/~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL,[RK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL .... ~.~.:.'~...~:;::.~...~=.~: ...................................... PLEASE TAKE NOTICE that your application da,ed ............... ~or permit to construc~ ~: ............. ~....?~: ........... a~ ~he premises ocated ~ ............ ::..~ ....... ~ ...... ..:...;...., ............. : ......... := ........ ,. ................. Street ....... ~" :~ Block Lot .Z.. .J.~. ~s .... ..=:~:.~:~ ..... .~ ...... :~...~:..: ........ :..~ ......................................................... Building Inspector ~0~° N NOTES .' I, · -- MONUMENT 2. SUBDIVISION MAP FLIED IN THE OFFICE OF THE ClEBK OF SUFFO£K COUNTY ON dAN. AS MAP NO. 1872 REVISIONS YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ALDEN W. YOUNG HOWARD W. YOUNG SURVEY FOR: ARTHUR F $1EMERLING LOT NO. 70 ~t PART OF LOT NO. 69 "CAPTAIN KIDD ESTATES. SUFFOLK CO., N.Y. SCALE DATE i :/":~O'l I