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HomeMy WebLinkAbout2585 i .. ... ' r _...�....a..:.�....+s.,,..,.�..�..,.:..>s....r.:e,-.,.c°...,c...��:..:.:.is,._.�:::u.:aa....;.,..:sG... -.�.,.-s-�v..J.:;L.:�.i:if.:e.. s...z�.+..�.:.:i .,,...J .�.i..::axe,+tui:.'c..ai•.ar::.�.�.,,c..c..n�..uw+«vi}.x_.::dia.:m:�.nr�i:F.2-c4..a:.::aY=..�.n7.+:51:'...'Ga:,:.;:..y., Sept. 27, 1979 TOWN OF SOUTHOLD, NEW YORK DATE ....................... ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2585 Dated July 14 , 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To William and Margaret Phelon Appellant . 215 Northfield Road Hauppauge, NY 11787 at a meeting of the Zoning Board of Appeals on September 6, 1979, the appeal. 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 Article III, Section 100-31 ( ) 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 :35 P.M. (D.S.T. ) Upon application of William and Margaret Phelon, 215 Northfield Road, Hauppauge, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 Bulk and Parking Schedule for permission to construct a dwelling with insufficient front-yard setback. (SEE REVERSE. ) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (.would) (would not) produce practical difficulties or unnecessary hardship because 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) (would not) change the character of the district because 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: ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection, the Board finds that the applicant wishes to construct a house with less than the minimum allowable front yard as required, namely 35 feet. The Board feels that in view of the front-yard setback pattern that it on the surrounding properties, it would not be practical to grant this reduction to less than a 50-foot frontyard setback. The Board finds that strict application of the. Ordinance would not produce practical difficulties or unnecessary hardship; the hard- ship created is not unique and would not be shared by all properties a like in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighbor- hood and will not observe the spirit of the Ordinance. On Motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that WILLIAM AND MARGARET PHELON, 215 Northfield .Road, Hauppauge, New York, be DENIED a variance to the Zoning Or— dinance, Article III, Section 100-31 Bulk and Parking Schedule, for permission to construct a dwelling with insufficient. front- yard setback. Location of the property: Lilac Lane, Cutchogue, New York, known and designated as Lot No. 105 on Map No. 1179 "Map of Nassau. Farms. " Vote of the Board: Ayes: Messrs. Douglass, Grigonis and Tuthill. AP ROVED Chairman Board of Repeals W J%�PItR• l_iL41PG 44I�.fPr4"'^.Y4.'rNl £is9R^4+A.'1,+ay.StC1� .K v"..s+!rrtE^^•F.nF"[2n;^1.,.. aN'+:+ne++*+^nr.ry..�:.^'TM+'Poc+,.:T.!'Wa` `[W^n v+vr.4a!m+m!.^!+, .. .a"� F .+'+.�+..wrer�A-.....'+r'+ i.._ .1.$a.-j.K z.. .....e pry�.�.., .... x ., .4. .......,. .F. azv ....... -r w.. ..- ..i. .. .. +.. n . ..;ii. ..F. .. i ,¢. . ♦ { .�i .i.,r ..... ... .. l r .. -,r .. 11 � - 1 I� t LEGAL NOTICE NOTICE OF HEARINGS t' f Pursuant to Section 267 of the Town Law and the provisions of z the Amended Building Zone Ordinance. of the Town of Southold, New i York, public hearings will be held by the Zoning Board of Appeals 4 at the Town Hall, Main Road, Southold, New 'York, Thursday, Septem-? ber 6, 1979, on the following hearings: .8:10 P.M. (D.S .T. ) Upon application of Diane Gazza, c/o. North Fork Equities, Inc. , North Road., Southold., New York, for a vari- f ance to the Zoning Ordinance, Article III, Section 100-30 for permission to have a non-farm, barn storage building as.. the main structure on a lot which is not permitted in a A residential and Y Agricultural District, and a variance to-the Zoning Ordinance, Article' III, Section 100-31 and Bulk Parking Schedule for per i mission to construct said building with an insufficient front yard setback. Location of property: Cedar Beach Road, Southold, ' , k New York, known and designated as part of Lots. No. 21, 22 , 2.3 and 24 on Map No. 90 of Cedar Beach Park. 8:20 P.M. . (D.S .T.) Upon application of Frances N. Frisbie 3 . Clearwater Lane, Cutchogue, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking i i Schedule for permission to. change lot lines on a filed subdivi- sion map. ' Location of property: Nassau Point Road. and Clear- i water Lane, Cutchogue, New York, known and designated as Lots 105 and 106 on Map No. 156 "Amended Map A of Nassau Point 8:35 P.M. (D.S.T. ) Upon application of William and Margaret Phelon, 215 Northfield Road, Hauppauge, New York, for a variance to the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to. construct a dwelling with . insufficient front yard setback. Location of property:. Lilac Lane, Cutchogue, New York, known and designated as Lot No. 105 , on Map No. 1179 "Map of Nassau Farms. LEGAL NOTICE' NOTICE OF HEARINGS COUNTY OF SUFFOLK Pursuant to Section 267 of STATE OF NEW YORK ss: the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York," public hearings will be held by the Patricia Wood, being duly sworn, says that she is the Zoning Board of'Appeals at 4Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, the Town Hall,' Main Road,, Southold, New York, Thurs- o public newspaper printed at Southold, in Suffolk County, day,September hearing :9 I on and that the notice of which the annexed is a printed copy, following hearings: 8:10• P.M. (D.S.T.). Upon has been published in said Long I§land Traveler-Watch- application of Diane Gazza, man once each week for f c/o North Fork Equities, Inc., .............. ..................•••••• weeks North Road, Southold, New successively, commencing on the & York, for'a variance to the • •••••••••••••••.• Zoning Ordinance, Article Section-100-30 for permission °f - ................... 19•• . f to have a non-farm, barn storage building as the main - structure on a.lot which,is not .. ......... .. ..... .................: ................ ......................... permittei!14 an A residential and Agricul`' ral District, and a variance ,to the Zoning q Ordinance, Article III, Section 100-31 and Bulk Parking Sche Sworn to before me this 3l day of ,permission to con-for ..........••• struct said building with an •-� insufficient front yard setback. - 19•• Location of property: Cedar Beach' Road, Southold, New York, known and designated as part of Lois No. 21, 22, 23. . ....,t�r����....... and24 on Iviap No.90 of Cedar •••• -.• f ..•••••._ •. . ••••••• •w Beach Park. Notary Public 8:20 P.M: (D.S.T.) Upon application of 'Frances N. AN-Fol"M IERKOSKI Frisbie, Clearwater - Lane, NOTARY PU0 IC. State of New YOW Cutchogue, New York,-for a 9 ;6 cr in Suffolk County variance to the Zoning Ordin- Pto. 52-45W796 p� i ance, Article III, Section 100- Commission Expires March 30, 19 31 and Bulk Parking Schedule for permission to change lot lines on a filed'subdivision map. Location of property: Nassau Point Road and Clear- water Lane, Cutchogue, New York, known•and designated as Lots 105 and 106 on Map 156 "Amended Map A of Nassau Point". 8:35 P.M. (D.S.T.) Upon application of William and Margaret Phelon, 215 North- field Road, Hauppauge, New York, for a variance Ito the Zoning Ordinance, Article III, Section 100-31 and Bulk Park- ing Schedule for permission to construct a dwelling with insufficient front yard setback. Location of property: Lilac Lane, Cutchogue, New York,. known and designated as Lot No. 105, on Map No. 1179 "Map of Nassau arms". 8:50 P.M. (D�S.T.) Upon application of Penelope Kou- I souros and-;Step[ien J. Perri- cone, 7470 Sound Avenue, I Page 26 LEGAL NOTICE of property: Westview Drive_ i NOTICE OF HEARINGS Mattituck, New York, bound- Pursuant to Section 267 of ed on the north by Eriksen; FOLK. I the Town Law and the provi- ,- east by WestviewDrive; south' I j ss signs of the Amended Building . by Dawes.west by Mattituck YORK, Zone Ordinance of the Town of Creek. Southold,, New York, public,, ' Dated August 27,1979. hearings, will be held by the BYORDEROF 8V5On , , , , , . being duly Sworn, Zoning Board 'of Appeals at THE SOUTHOLD the Town .Hall, Main Road, TOWN BOARD OF is Printer and Publisher of the SUFFOLK Southold, New York, Thurs- APPEALS day,September.6, 1979,on the ITA30-3275 ..a newspaper published at Greenport. in said following hearings: ) 8:10 'P.M. (D:S.T.) Upon ---- county and that the notice, of which the annexed is a printed application of Diane,Gazza, c/o North Fork Equities,Inc., copy, has been published In the said Suffolk Weekly Times North Road, Southold, New York, for a variance to the., once in each week, for . . . . . . . . .one. . . . . . . . . . . . . . . weeks Zoning Ordinance,Article III, Section 100-30 for permission successively eommea�cing on the . . . . . .30 th . . . . . . . . . . . . . . . to .have a , non-farm, barn storage building as,the main • g g day of August . . . . . . 197.9. structure on a lot which is not permitted in.a A residential �. . . . . . . . . . . . . and Agricultural District,and ' ' ' a variance to the Zoning Ordi- Sworn to befor me this . . ��. . . . . . nance,Article III,Section 100- q 31 and Bulk Parking Schedule stay of . . 1�l-- . 19.7•{c 1 for permission to construct ..said building with an insuffic , , , , , , , ient front.yard setback. Loca ' ' ' ' ' ' ' ' ' _ . . . . ' '% f• : . ' tion of property: Cedar Beach , , , . , , , , 4 Road, Southold, New York, known and designated as part of Lots No.21,22,23 and 24 on KOTA NANCY R DOUCL t Map No 90.of Cedar.Beach I RY iPUB-Tic,State of New ryT y Park. • g in Suffolf, cunt] 8:20 P.M. (D.S.T.),)' pon I Ctrs- NO. 52-600 5 application of Frances N. Cohlmission Expires l&rcls ag,2a .� Frisbie, Clearwater Lane, Cutchogue, New 'York, for a, variance to-the Zoning Ordin- ance; Article III, Section 100--I- 31 and Bulk Parking Schedule - -for permission to change lot litter on a filed subdivision. map. Lod Cairn �i p�operyty • Naga:yY`o�n`t�7lMdand�Clear- walLane, Ca nd�u'tchdesiogu New • "x. .. • `•„'�'��Yok, known �Ha ted,., as Lots 105 and 106 on Map No. 156"Amended Map A of-Nas=" sa_uPoint-'.- 8:35 P.M. . (D.S.T.) Upon application of William -and Margaret Phelon, 215 North- field-Road, Hauppauge, New York, for a variance to the Zoning Ordinance; Article III, Section 100-31,and Bulk Park. ing Schedule for permission to construct a dwelling with in- • I sufficient front yard setback. Location of property:, Lilac Lan , Cutchogue, New York, kr`wn and designated-as Lot /4o.105,on Map No.1179"Map of Nassau Farms.'.' 8:50 P.M. (D.S.T.) ,Upon application of'Penelope Kou-. souros. and Stephen J., Perri- cone,7470 Sound Avenue,'Mat- tituck, New York, for a vari- ance to the Zoning Ordinance, Article VI, Section 100-60 for permission to establish a disco bar with dancing. Location of property:Sound Avenue,Mat- tituck,New York,bounded on the north by Sound Avenue; east by Sepko; south by,Meg- lio; west by Meglio. 9:10 P.M. (D.S.T.) Upon application of David and Car-.I men Olenick,' 120 Park Place, -Brooklyn, New York, for a variance to the Zoning Ordin- ance, Article III, Section 100- MI�•.i-.:.......e..new....._4� ..���___. OF ; - O RK T© N OF SOUTHRE JUDITH T.TERRY 1 � q�T;"K CST TELEPHONE TowN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 July 27 , 1979 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2585 application of William & Margaret Phelon for a variance. Also included are ratification to adjoining properaty owners as follows: Mr. & Mrs. Joseph Kirwin, Pine Tree Road, Cutbhogue, N.Y. 11935; Mrs. Edward Nixon, 6 South Lot-Road,. Smithtown, N.Y. 11787; Mr. & Mrs. Laszlo Kun, 1639 Imperial Avenue, New Hyde Park, N.Y. 11040. udith T. Terry JTT/bn . Town Clerk cc: file \ Enc./ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL 9 File No. ................................................................ Date ............................. .............� 19.?.. ... To l L .� I�WL-T Pl E 110 hI . ... . . ..... -1e5 Noll'?-TH FIt,1..b --F�n" ................................................................................ v �P - I f -7 .....................................A............ .U............... ., Nt PLEASE TAKE NOTICE that your application dated `�U...... � 19 .. for permit to construct ...�.�.....'I........N1..............ot tl the premises located at H D 3 1-1 LA-C- I-R aJ E:. ......... Street e v 7 G f$ 0 G u L- ............................................................. TA?-7 dF 1-0, 1 0� WA ss o u Block ............................................ Lot is Map .................................... ................................................ returned herewith and disapproved on the following grounds ....� .SUf=FI C'C �T ............................................. S1` —r -U�C-lc ............... f1 .�� .T�....rc���.. !� r...�!! .. .... ...................................... St Cr k a NJ l o 0 -3 f 73 U L t<, A-S C R d `P ft'R K I M & _R 6 Q Ll I_R If ►\'i p^iV 7 ................................................................................ ................................................................................ .......................:........................................................................................................................................ Building Inspector S — KU 1\f d,-r— r— �l� f�l e x fl Jy 13 k— D — `f XT I D TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR. APPEAL NO. •�-5, DATE ...JulY.. �...19..79 TO THE ZONING BOARD OF:APPEALS, TOWN OF SOUTHOLD, N: Y. (Phelon) , 1, (We) .W.11.lima.'..C....&..Naxgarat...Phe.]Dnf .0f'..21.5..Noxthfiald..Road..................... Name of Appellant Street and Number > ]d�p�ldgP,.►........... :....... Nr.... .t....1.17.$.7..HEREBY. APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED 9a...19.79.................... WHEREBY THE BUILDING INSPECTOR .DENIED TO William C. & Margaret C. Phelon .. ......... .. ... . Name of Applicant for permit of 21 Northfield ]load H e N. Y. 11787 5........................................�.......... RPP .. &qA..................................... .... ..... Street and Number Municipality State ( ) ' PERMIT TO USE ( ). PERMIT FOR OCCUPANCY (x ) . Permit _to construct dwelling 1. LOCATION OF THE PROPERTY .4.01.411ap... Street Use District on Zoning Mop County taz„Map...#................. Past of Lot 105, Nassau Farms Ma No. Lot No. 10TO -a104- - 1 - 18. 003 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 Ordinance.) Chapter 100, Art. III Section 100-31 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 1) (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 (z ) A Variance to the Zoning Ordinance is requested-for the reason thatplacement of the dwelling with a 50' set back would locate it approximately 15' from a 10 'x 16' utility shed con- . structed in 1974. It was our understanding at that time that a 35' setback only was required for a dwelling. Foizn zsi (Continue on other side.) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa HARDSHIP because the close proximity of the house , approximately 1F' , would not allow easy access into and out of the 10'x 16' utility shed erected in 1974. This close proximity of the dwelling to the shed would. also look- out of- proportion. considering- the amount of usable land-available. ':' Ir would also necessitate cutting down a fruit tree previously ' planned to shade a proposed terrace. The tree is quite an old one. 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 sikrrounding properties 'With sheds have them placed a considerable distance from dwellings. The immediate adjoining properties on either side are unimproved. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because visually the dwelling would appear to be the same set back 'as 'other dwelling approximately 130' from proposed dwelling. The design of the house, an L shaped Colonial- ranch would, . with a 50' set . back,, appear to be placed farther back than the above mentioned dwelling 1-30' distant. STATE OF NEW YORK ..COUNTY O ? ss - ...Signature................................. /. Sworn to this ................ ..liN....::..... day of..... ........ .. 19 7 Notary Public EMABETH ANN-MwILIA NOTARY PUBLIC, $tateof Nf.Ym Nk 52.8125850r Stltfotk'G' Te►m Expires March 30. 'I "=. r BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE to the Board of Appeals of the Town of Southold TO: 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 (Variance) (Special Exception) (Special Permit) (the following relief: `E± �a � ,. ;1 a -�r; foot er I Instead b f J. '3° she b �:. Y� 'A:-yr L 1".dL�J'.0.b 4 �.. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: a?t;n q s_a{„ z� r G•X ;S:K g �, e s- wry ;f 3. That the property which is the subject of such Petition is Located in the following.zoning district: 4. That by such Petition, the undersigned will request the following relief: ..._,._ .5..That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under signed are: A R T 1 C L C'.7T1 S E c.TT I u a , 4 0 -3/ A-4 D b.W L Ic °OPA2krN.q 'R6t u1RQMQ0 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 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. Dat f ed: 7/ 27 Z7 9 C, Petitioner Post Office Address• a/s N PROOF OF MAILING OF NOTICE NAME ADDRESS i 4 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) ' C n a: o N residing at w being duly sworn, deposes and says that on the 2j*fl day of , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the al6ove-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 —c <�& 'nJM_*ict IV J _ ;that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to bef re me this day of . 19 , Notary Public ELIZABE 14 ANN NEYIU.E NOTARY PUBLIC, State of New Ys" No. 52.3125I350, Suffolk CoUMV Term Expires YVfarch 30, 1 _ ._..» •--. - - —«•...-EpUCATtON LAW. # ) COPIES OF;THIS SURVCY MA; NOT BEARING THE LANp�SU;YEYOR'S INK.: ';aA' OR EmW5ED: A! tSNALI NOT C C-.NSIDERED �!• .4i i�`dl-1.!/'��:'f C : To BE nN TRUE BRAY f t11. u=>` I ' " C. �G)9•{f sj i GUARANTELs iCR HEk•�uf fta L`1{U .. ONLY TO Th L P S Ir S l r VAR N •0r—i Olt - li�l ti• K 8 s'.•},KLi� c EYE �IS P�EPAr'CU A•'D , �t•IL�l7 bL'�- :... !•aT 16' LE DINGr PANY J INSTITUTION C� FS ,{�'�D 1, t , -„ i..-- a ., :Tht;;• " ' " r TO THE ASSIGNEES OF TH }FP ` i 1- `i? L i• - ^ �(�- •• / rr J ,---;,TUTION-yG i'LS ARE N `✓ 1 r� t TO:A IU AL STITUTIONS �.R SJiScOUE iT OWNER oe v1.L,,a`r r' ;t" _� C�4;�3�' C7�:.)'• \�✓ _.• 21 �.�8 , �� ` jl� 1. I �. , g� ��i .• 44 ` TO 501L• 1 31t �.... / � r• w,ra.� � 4 i� i �� ���v�E�.1�.3%i�G E'''�.i� _ i 1 ? 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