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HomeMy WebLinkAbout2285 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 2285 Dated May 7, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To David L. Whipple, III 420 Oak Drive Southold, NY 11971 DATE.~.~....~,~ 1977 Appellant at a meeting of the Zoning Board of Appeals on June 2, 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 ~ ) Request for a variance to the Zoning Ordinance ( ) 1977 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 Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:12 P.M. (E.D.S.T.) upon application of David L. Whipple, III, 420 Oak Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: East side Oak Drive, Southold, New York; Lots 34 through 39, Block D, Map of Reydon Shores. 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 SEE REVERSE (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 (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 confirmed ( ) be reversed. SEE REVERSE FORM ZB~ / ZONING BOA~RD OF APPEALS After investigation and inspection, the Board finds that the applicant requests permission to divide property with insufficient width and area, east side Oak Drive, Southold, New York. The findings of the Board are that the prevailing size of lots in this area supports the division of this lot. The two lots to be created will be in keeping with the surrounding area. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and wo~ld 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, David L. Whipple, III, 420 Oak Drive, Southold, New York, be GRANTED permission to divide prop- erty with insufficient width and area, east side Oak Drive, Southold, New York, as applied for. (Mr. Vote of the Board: Ayes: - Messrs: Hulse abstained from voting.)' Gillispie, Bergen, Grigonis. a r 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, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, June 2 , 1977 , on the following appeals : 7 :30 P.M. (E.D.S .T:) upon application of Joseph and Luisa Y Y Cardia, Main Road, Southold, New York for a variance in accord- ance with the Zoning Ordinance, Article III , Section 100-32 for permission to construct accessory building in front yard area. Location of property: Northwest side Main Road (Route 25) Arshamomaque, ; New York, bounded on the north by Est. of J. LaColla; east by Main Road; south by Est. of J. LaColla; west by Est. of J. LaColla. 7 : 45 P.M. (E.D.S .T. ) upon application of John C. and Doris B. Morgan, R. D. 2 , Box 143 , Flanders , New Jersey for a variance in' accordance with the Zoning Ordinance, Article III , Section 100-30 , 31 and Bulk Schedule for permission to construct addition with insufficient side and rear yard setback. Location of property: Halyoke Road, Orient, New York, bounded on the north by Plain Land Realty; east by Berks; south by Halyoke Avenue; west by Meyer. 7 : 55 P.M. (E.D.S .T. ) upon application of David L. Whipple I 420 Oak Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III , Section 100-30 and Bulk Schedule for .permission -to divide property with insufficient width and area. Location of property: East side Oak Drive, Southold, New York; Lots 34 through 39 , Block D, Map of Reydon Shores. 8 : 05 . P.M. (E.D.S .T. ) upon application of Robert Paul- c/o Founders Homes, Inc. , Main Road, Southold; New York for a varianc in accordance with the Zoning Ordinance; Article III, Section FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FileNo. ................................................................ .Date .................//. G.. ............ .......... 19...�.7 To ............................... PLEASE TA E NOTICE that your application dated ................ ........�.7......., 19 7.7 for permit to . . �j� ...............at the premise located at ...... .....© .. . r� ........................................ Street Map .F`-��;. ... Block ......... ..D........................... Lot J.q.—.�J............................ is , c returned herewith and disapproved. on the following rounds �..�r"a.�:-1......�J.�..� . .r............. ...... ...... ............................. ................................................................................ ................................................................................ ...C. ...... _.. ... ............ ...: .! !..:: r .: ............................................. ................. .......... ................ ............. Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. j DATE ..` .. ..7 TO THE ZONING BOARD°OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,o/,,® � DeName of Appella t Street and Number ........ ..........HEREBY APPEAL TO Municipality i ate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON _7 77 APPLICATION FOR PERMIT NO. .................................... DATED ........... ....... ...............1.................. WHEREBY THE BUILDING INSPECTOR DENIED TO ....� 4.. .�Appli .................................... ��qq Name of a t for ermit of ..........:T o e.L/. Ge 0................. .......................... Street and Number Municipality $t"ate ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPAN Y 1. LOCATION OF THE PROPERTY A144.... .. . ...AlkrO...........................t................................ Street Use District on Zoning Map /vlap o. Lot No. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zo ing Ordinance by number. D not q ote the Ordinance.) 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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X') A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 6L' 4qA_11y t'l/10-0 .zA � 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) �— ss .......................... ......ei�n ..... .. ..............1./.............. COUNTY / h�& at re Sworn to this ...................../..�..�.........:..... day of.......................�� �. ........... 19 7� Notary Public JUDITH T. TERRY Notary Public, State of New York M. .52.0344963 Suffolk County COMMIsslon Expires March 30, 19. .y OF ICY OF TOW N 2 RK SOUTHOL ------ --- ITH T.TERRY � __./� ND S .FOLK-OUN� TELEPHONE TOWN CLERK � �� 765-3783 REGISTRAR OF VITAL STATISTICS —____- -- Southold, L. I., N. Y. 11971 May 17, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk WhT. ansmitted herewith is Appeal No. 2285, application of David L. ipple III for a Variance. Also included is notice to adjoining property owner George Miller. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE to the Board of Appeals of the Town of Southold YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special ermit) (the following relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows. 3. That the opert which is the ubject of such Petition is located in the following.zoning district: CU M �t LXY, 4. at by such Petition, the,undersigned will request the following relief: 5. That the prov sions of the Southold Town'Zoning Code appllirable t the relief sought by the under- signed are: . p 0 t 6. That within five days from the date hereof, a written Petition requesting the relief specified.above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then.and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travel er-Mattituc k Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: ,��d Petitioner Post Office Address PROOF OF MAILING OF NOTICE NAME pp ADDRESS STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) ` residing at being duly sworn, deposes and says that on the _�day of , 19 2, deponent mailed a true copy of the Notice set forth on the re- verse side he eof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of , 19 7— No u TL�RY Notary Public, State of New York No. 52.0344963 Suffolk County ngnjFnisaion Expires March 30, 19�% 1._ > ti �: ys� o r s9 L Q � 33 .. :w ,,�.e•' � SOT �3 issoo. �°t; for �. p h. 6 AA �lN _. LOT 37 o >a N9' •'• �jp coo Sv • roadway wio'lh .5hom z,os ��2 on Coro of iPeydan Shores ,ov+° UNAUTHORIZED ALTERATION OR ADDITION TO THIS_SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE •.. - ..•.�'or,�•• EDUCATION LAW. .•,e "P�f COFI;S OF THIS SURVEY AlAP NJT GEARING . - O/� ' -• - _ - - THE LA%D S' 'VEYO'S ItI�:;L' —AL C. 2 _ • ,~I r EMEOSS=D --At 5F:A:E NOT ('_ CO ISDEEPED TO Ei A VA..ID TWE COPY. , Su rvey for CUA"A`:T.._f NMNCAT:C FiGnD`!SHALL rV ONLY TO 111H :.SON FCti C•.:OlM1 THE . DAVI D WHI PPLE , II K, T: FAL...&', , A>D „1 ,,. ::ALFTO . Southold PTLE O''h1i'r,iiY. Gw•!_F dL A.i1 a LENCL.,,• r:!A7ANtO;._.5r ii.r RA. A E TO TF?ASSIGNEES C'114E L.::DiNG I.,Sfl TUTIC;:.. GL'A;:.:kT:LS ACE ti!iT TRAi3F_ A.:. TO AD�iTIONAL INSTITUTIOr,S OR SUbSILQU• . Town Of Southold NOTE LOT 8 BLOCK NOS. REFER , OWNERS. TO MAP: OF"REYDON SHORES", GUARANTEED TOr S of f. Co.)N. 1. FILED IN SUFF. CO. CLERKS OFFICE GURIVERHEAD SAVINGS BANK I E ON JULY 2, 1931.AS MAP NQ 63k. SECURITY TITLE a GUARANTY CO. EE Scale: 1 =50 DISTANCES HAVE BEEN USED AS YOUNG 8 YOUNG [ EQUAL TO THOSE SHOWN ON MAP' A PR. I , 1976 OF"REYDON SHORES' FOR LOTS SHOWN.HEREON LAND SURVEYOR, N.Y.S. LIC. 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C3 lag 23 — -_ — r°3 (33a3) CV .o WY --- uz- U7) 137' (131) _o O 6103." 15 139' r381 -- � --- - n1) U4) I 17a• fia 0 - - 14 I- o lro-L O91 L3e1 _ _—_Ozl _ IS o (ul I oaI o7 -Q...24 ------- - 1377 \\ -Lt 14 rJ t 0 25 d0 / 133' 142) 32 ry - w 33, 16 Q 26Gj o B9 Je O. (44). / 130 I rs1, a (24) / OR / I f211 SITED aTHE 27 rV o (431 .i/(4q .f9�•. / I.• i 1 t32! O 140'',/ ! 1 •_- HE �CY 133' 33 / I I r3O, ( 29 PROPERTIES 93• ISTRiCTS: - y ° R28 �G" - r-' Igo. .. , 0 zo• 1 0 '32' Legend ,* Revisions -- Fire District Line --.F--- Hydrant District Line--. H--- Subdivision Lot No. � -- Water District Lin: (34) 1 ��__ �_C '--•W--- Refuse District Line --_R•—_ Deed Dimension 62t 2 OFF/� $ --- Light District Line —__L_—_ Block No: 12 a Scaled Dimension 62'j 3 9 Park District Line _.-__P___ Parcel No. 23 Deed Area' 4 10 12A(d) ine --��-H—_ Sewer District Line _--S_—_ Subdivision Block No. - 5 11 (21) . Calculated Area 12A(c) 6 12 _. o a _ fLP. • Ae2 0'X 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, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, June 2, 1~77, on the following appeals: ' 7:30 P.M. (E~D.S.T.) upon applicatice of Jeseph and Luisa Cardia, Main Road, Seuthold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 32 for permission to construct accessory building in front yard area. Location of property: Northwest side Main 'Road (Route 25), Arshzmomaque,New York, bounded on the north by Est. ofJ. LaColla; east by Main Road; south by Est. of J. LaColla; west by Est. of J. LaColla. 7:45 P.M. (E.D.S.T.) upon application of John C. and Doris B. Morgan, R.D. 2, Box 143, Flandors, New Jersey for a variance in accordance with the Zoning Ordinance,Ar ticleIII, Section 100-30, 31 and Bulk Schedule for permission to construct addition with in- sufficient side and rear yard setback. Lseation of property: Halyoke Road, Orient, New York, bounded on the north by Plain Land Realty; east by Berks; souti~by Halyoke Avenue; west /~.'M. (E.D.S.T.)u po~'~ ~ ,~P,E?j~on of David L. Whipple I .I.l~//~_Oak Drive, Southold, New I Yor~I/ for a variance in ac- cordance with the Zoning Or- diunnea, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide property with j insufficient width and area. Location of property: East side Oak Drive, Sunthold, New York; Lots 34 through 39, Block D, Map / of Reydon Shores. 8:05 P.M. (E.D.S.T.) upon applieatiou of Robert Paul c-o Founders Homes, Inc., Main Road, Southold, New York for a variance in accordsnee with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct ad- dition with insufficient, side-yard setback. Location of property: Right-of-way off South Harbor Road, Southnld, New York, flo~o untied on the north by now or rmerly R. Fround; east by R. Bayley; south by Peconie Bay; west by South Harbor Cor- poration. 8:15 P.M. (E.D.S.T.) upon application of Gerassimos Totolos, Deep Hole Drive, Mat*ituek, New Yo~'k for a variance in accordance with the Zoning Ordioance, Article III, Section 100-32 for permission construct accessory structure in side yard area. Location of property: New Suffolk Avenue a~d Deep Hole Drive, Mattituck, New York; Lot No. 47, Deep Hole Estates. 8:25 P.M. (E.D.S.T.) upon application of Thomas L. Min- nigan, 91 Princeton Avenue, .Hewiett, New York for a variance m accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side-yard set- backs. Location of property: south side South Lane, East Marion, New York, bounded on the north by South Lane; east by Skopek; south by beach and Bay; west by Thorp. 8:35 P.M. (E.D.S.T.) upon application of Herbert O. Cassidy, P.O. Box 198, Peeeuic, New York for a variance in ac- cordance with the Zoning Or~ dinance, Article IX, Section 100- 90 and Bulk Schedule for per- mission to construct potato grading building on undersized lot. Location of property: west side Cox Lane, Cutchogue, New York, bounded on the north by Grofe; east by Cox Lane; south by G. Heidtmann and another; west by L. Glover Jr. 8:50 P.M. (E.D.S.T.) upon application of Brian's Song, Inc., Main Road, Greenport, New York for a variance in ac- cordance with the Zoning Or~ dinance, Article VI, Section 100- 60 C (2) for Permission to con- struct sign with insufficient setback. Location of property: North side Route 25, Greenport, New York, bounded on the north by Nf York Telephone Co.; east by 1, , York Telephone Co.; south by Main Road; west by Mary Zepkes. 9:00 P.M. (E.D.S.T.) upon application of Marguerite Wasson, Peconic Bay Boulevard, Mattituck, New York (Gary Oisen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to set off lot with existing buildings with in- sufficient width and area. Location of property: Bray Avenue and Peeonic Bay TIMES, a newspaper published ~t Greenport, in said Boulevard, Laurel, New York, ad that the notice:, et which/he annexed is a printed bounded on the north by B. Ed- wards; east by W. Smith; south by Peconic Bay Boulevard; west been published in the s~/d Suffolk Weekly Times by Bray Avenue. tach week, for o~'1~ (].) 9:10 P.M. (E.D.S.T.) upon ........................... weeks application of Dikran V. :ly Commencing on the . Simidian, Salt Lake Village, Mattituck, New York for a ..... variance in accordance with the · Zoning Ordinance, Article III, '.~...~ ~.-~ Section 100-32 for permission to befOre me this ~.~. ................ constrUct accessory building in .......... front yard area. Location of property: Lot No. 1, Salt Lake ..... ~'/('./~./~/ · · Village off Bay Avenue, Mat- tituek, New York. ' ' · · Any person desiring to be hoard on the above appeals should appear at the time and place above specified. NANCY l~. DOUGLASS Dated: May 19, 1977 NOTARy PUBLIC, ~tale of New BY ORDER OF Residing in SuRolk County THE SOUTHOLD Co . Clks. No. TOWNBOARD mm~ion F.~ira, blotch 30, 10.Z,oc~ OF APPEALS 1TM26~2719 OF SUFFOLK. } F NEW YORK, ~ ss: l: g. Dorman .............................. being duly Sworn, ·. · he.· is Printer and Publisher of the SUFFOLK LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Sbuthold, New York, public hearings will be held hy the Zoning ~ of Appeals at the Town Offie~ Main Road, Southold; New York on · hursday, June ~,' 1977d~on the followingappeals: ~.'~. 7:30 P.M. (E.D.$,T.) upon ap- phcatton of Jo~. and Lmsa Cardia, Main ~0~1, S0gthold, New York for ~, variance in accordance with thtgff~ming Ordi- nance, Article Ill~,~e~ton 100-32 for permission to ~ct acces- sory building in {~t ~d area. Location of property:' Northwest side Main Road (Rout~ 25), Arshamomaque, ~New' York, bounded mi the north by Est. of J. '~ east by Ma~n Road; LaColI~ '~ ~'' ' south b~v Est. of J. 'LaCglla; west by Est. ofJ. LaColl~. 7:45 P.M. (E.D.S.T.) upon ap- plication of John C. and Doris B. Morganc~Ri D. ~. Box 143, Flanders~New JerSey for a var- iance ioi~l~dcordanee with the Zoning ~inance;, A~rticle III, Section 1~)~30, 31 and Bulk Schedule f6r permission to con- struct addition with insufficient side and rear yard setback. Location of property: Halyoke Road, Orient. New York, bounded on the north by Plain Land Realty; east by Berks; south by Halyoke Avenue; west by Meyer. ~-~ 7:55 P.M. (E.D.S.T.) upeu application of David L. Whipple III, 420 Oak Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Art- icle II1, Section 100-30 and Bull Schedule for permission to divid~ property with insufficient widtl and area. Location of property East side Oak Drive, Southold New York; Lots 34 through 39 :Block D. Map of Reydon Shores. 8:05 P.M. (E.D.S.T.) upon ap- plication of Robert Paul c/o Founders Homes, Inc., Main Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article 11I, Section 100-30 and Bulk Schedule for permission to construct addi- tion with insufficient side-yard setback. Location of property: Right-of-way, off South Harbor Road, Southold, New York, bounded on the north by now or formerly R. Freund; east by R. Bayley; south by Peconic Bay; west by South Harbor Corpora- COUNTY OF SUFFOLK STATE OF NEW YORK Sherley KarT, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southo!d, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............ /'. ......................... weeks ~uccessively, commencing on the ...... ~ .......................... day of ... f~ ......................... 19..../../.. Sworn to before me this ..~.'.../. .............. day or ............. ....... ETHEL PALLADINo NOTARY PUBLIC, State of No 52-4628953 Qualified in Suffolk County