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HomeMy WebLinkAbout1658 T0~VN OF SOUTHOLD, NEW YORK ACTION OF '1'1tE ZONinG BOAI~D OF APPEALS Appeal No. 1658 Dated September 5, 1772 ACTION OF THE ZONING BOARD OF APPF~LS OF THE TOWN OF $OUTHOLD To Anthony Cfappa a/c Nicholas ~awha ? Acord Avenue D'armingville, New York AppeHant at a meeting of the Zoning Board of Appeals on September 28, ~ 1972 was considered and the actio~ 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 ( ~0 Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resointion ~ the Bo~d ~ was d~armined that a speciM exception ( ) be gra~ed ( ) be de.ed pursuant to Article .................... ~ction .................... Sub~ction .................... paragraph .................... of the Zoning Ordinance and the dec.ion of the Building I~pector ( ) be reversed ( ) be co~irmed ~cause ~0 ~.~. (~.~.T.), upon application of Anthony Ciappa a/c Nicholas Sawha, 9 Acord Avenue, Farmingville, New York, for a variance in accordance with Article III, Section 301 and 303 of the Zoning 0~dfnance, For a reduction in established setback. Loca%ton of property: east side of Reeve Avenue and south side of Sound View Avenue, Mattttuck, ~. Y., Lot #6, Map of Saltaire ~states. 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 SEE RBVERS~ practical difficulties (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 distrlet because SEE REVerSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the distrist because (would not) ~EE RBVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVER~E FORM ZB4 ZONING BOARD OF APPEALS / /o4 - ,.'"z . Chai~an 8~ol appeals~ ; After investigation and inspection the Board finds that applicant requests a reduction of established setback on premises located on the east side of Reeve Road and south side of Sound View Avenue, Matt ituck, Nww York. The Board finds that there is a gully on applicantts property which would create a hardship if applicant were forced to move the foundation further back on the property to provide for an average setback. 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 propelties alike in the immediate vicinity of this propelty 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 Anthon~ CiAppa' a/c Nicholas Sawha, 9 Acorn Avenue, Farmingville, New York, be GRANTED permission to reduce the established (average) setback on premises located on Lot # 6, Map of Saltaire Estates, Mattituck, New York, as applied for, Vote of the Board: Ayes:- Messrs: Gillispie, B~rgen, Grigonis, Doyen. 2otiee of ..... rings D:~-~snaN~ uo oec~lon Zo~ of the q'own Law and the .... ~ .... o~. 0Pdinanoe of %he 2'own ol ~l,u.~ol~ Co~ty~ Ne, l'ork~ Public hearin?'s will ',ce held_ Zoning Loard of appeals of the Town of Southold~ at the Town ~'~ ..... ' ..... s~e'~?~ York on September ~o u~!oe} ~',.~ln Road: Southold~ ~ on the following appeais~ ?:30 P.F. (E.D.S.T.) Upon application of George and 2dose ;~nderer 306~ liiddle iLoad (C~22) i, fattituck: if.l. for a variance in ,.'~.t.~. ~r~zcle ~I~ sectio~ O0~ of the zoning Ordinance for to set off a ici with less ~a:c ~e .,u~_ . ~oco.~zoz2 of propeP'~, S. Riddle Load~ W. J Schiierhois~ ., .~.nc 2. an Neck Lane~ '~ ...... ~ 17 for ~oermzssidn to an ac ] ~, va~aAce in accorda~ ce '~' ~",, i ~ ~.:~i~ c'le.,:I'?" sec~u~_oL~ o~z~ ~,.ec~ =~.+~e: ~eco~c~ :,~ .... boumfed N. 2tic[unond Crcek~ ~... ~ S. indian reck Lane 5;00 P.I'.'[. (E..D.S.T.) U'oon application of F~ederick 5{v~eweta Road~ Nassau Point~ Cutcho[~ue: N.Y.~ flor eermission erect an accessory buitdir.g in front yard area a variance in accor~ dance with Article iii section 302 of zoning ordinance. Location of property~ W/6 Wm%neweta 2~oad~ Lot ~P22~: map of Nassau 2cin% Xorton Point~ S -"-' : ' oe~no!a~ ~'~,L. for special exceNtion iN accordaxce ~,2.~.~ article IiI~ section 300: subsection Z,-~b~ for ~6 a yarc. sale on Sept 30~ 1972~ rain date Oct I~ 1922 on premz~es located E ~ N side of Private Road:~"~a,}~c'-~o Rd) bo'~aea ~'{. E. ~,.~} t~ S. Pvt ~to~.,a:~ W. i4. liyatt~ Horton Point~ oou~oma: ~' ~ '~ i'.7_. 8:20r.~u. ~ %' (.,~.D.S'z' .-%'.) ,'f, '~,~on a]?piication of Nicholas ;o~w,,~: ...... Acorn Ave.~ Parittingviile~ N.Y . zO.~ variance i~ accordance · ,~rs~c.Le iii: section 3O'l a 303 of '~ ~O~-~-I.~e OrC~llaeNoe fop Pec:ucLlon ~o~za View zkve~ ~ooz~eckt ~,~.~. lot }2 6: map of oa&t TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO./ ~ O ~ D^TE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Anthony Ciappa~ as contractor 1, (~ ~.q~....h!%~,.~!as....%awha ......................of .......... 9..~,c.arm..Aw~ma ................................ Name of Appellant Street and Number ............... ~j~.~onz.i.~..%.~. ................................................. .~.e.~¢~;..~0.~ ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ...... ~.c)..~.~..~ .................. DATED ..... .q.lt~.~...,~.~..~,~.~.~. GR~LI'TED WHEREBY THE BUILDING INSPECTOR [[~J~ TO ~d then Revoked from ( ( Nome of Applicant for permit of .o. ...................... ............... ........ Street and Number Municipality State ~ ) PERMIT TO USE -'~' ) PERMIT FOR OCCUPANCY · Buitdimg Permi~ LOCATION OF THE PROPERTY ...~,.o.'l,.,~:4..~..,~i~..e..~.~..~.e,~.~,..e..,...~.a.,.~.~%.~..V~9. k ............................. Street Use District on Zoning Mop 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.) Article i!I~ Sec, 303 3. TYPE OF APPEAL Appeal is mode herewith for (x) 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 {L~rJ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o 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 Zohing Ordinance ( ) is requested for the reason that b~JJider ~ubm~t-bed ~L~'ZS ~howin~ ~ Be~'bac~ from road. A building permi~ was issued s~d a fo~m_dation was poured~ The Building inspector then inforcmed builder that he m~st comply with "average front yard." Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHI. P because the costs o£ removiN_g the foumadation ~h_a% is preseN_tly mn the premises would be in excess o£ ~1,500o 2 The hardship created is UNIQUE and is not shared by all ~)roperties alike in the immediate vicinity of this property and in this use district bec,c~use the £o~_~'iO_,Jz 'is" a.~-~'e~dy ~zz and would ~ecessi~ate the destructio~ thereo£. 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ¢~e ~ro~ert7 ±s ~one~ ~esz~e~u.al ~d zs a one-family dwelling and im com£ormi%y with the rest o£ the homes i~ the area~ STATEOF NEWYORK ) , .... ................ ~otorg Public MICHAE~ N. H~L~$ No. 52-5902735 CemmJssJon ExpTres March 3~, CRUSHER & HILLS September 6, 1972 The Zoning Board of Appeals Town Clerk's Office Main Road Southold, N.Y. 1].971 Re: Anthony Ciappa, as Contractor for Nicholas Sawha~ Appellant Gentlemen: We enclose herewith for filing ~iginal and copy of Appeal from Decision o2 Building Inspector of the Totem of Southold. Also enclosed is our check in the sum of $15 in payment of your filing fee. Very truly yours, CRU~R & HILLS ?i}UrI: kw Enc s. TOWN OF SOUTHOLD BUILDING INSPECToR's OFFICE TOWN CLERK BUILDING' $OUTI-JOLD, N.~¥. 765-2660