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HomeMy WebLinkAbout232 , Notice of Hearing I Pursuant to Section 267 of the Town La.w and the provISions of the Amended Bullding Zone Ordin- ance of the Town of Southold, Suf- folk County, New York, publlc_ hearings wlll be held by the Zon- Ing Board of Appeals for the Town of Southold, at the Town Clerk's Ollice, Main Road, Southold, New York, on October 29, 1959, on the following appealS; 7;30 P. M. (E. S. Tl upon ap- pllcation of Theodore Schroeder, 139 Fourth Street, Greenport, New York, for a special exception in ac- cordance with the Zoning Ordin- ance, Article III, S~ction 306, and Section 307, for permission to re-' duee side yard and front yard set- backs on a corner lot. Lot No. 122A- on map of peconlc Bay Estates, Arshamomoque, Greenport, New York, bounded north by Private Road, east by Bay Shore Road, south by Addie J. Becktold, and west by Adam Pekunka. 8;00 P. M. (ES.T.>,. upon appl1- cation of Henry W. Lallber,'Pe-1 quash Avenue, Cutchogue. New 1 Y9rk~ for a ~ar!aJlce in accordance j . with the Zoning Ordinance, article m, Section 300, Subsection 7, lor pel1lUlsslon to locate private garage with reQuced setback. Location of propetry; Pequash Avenue an:!, SOu~ Cross ~ cutchogue, N~ 'lbrk, bounded north by L.\ ~Ii, east by Fieet.s Neck' Road, sO. by southern Cross Road, and I weallf G. H. Fieet Estate.. _ .person desiring to be heard on 'the aboofe appl1cations shaul, I ~~atthetl1neand~aceabo~. specified. I - DAT.ElD: October 18, 1959, By Order of the SOuthold Town, Board of A,ppeals. 1 to23 ! LEGAL NOTICE ------ . STATE OF NEW YORK, COUNTY OF SUFFOLK, 1 f ss: J ""-1- --- .,;1;.;1'; c .............7..~:____~!':._::~.~!::_~::.-:..t::::....~_~y.'::t::~._..........., being duly Sworn, ~ i I says that ______~.'.______ is Printer and Publisher of the SUFFOLK TIlI'I.ES, a newspaper published at Greenport, in said county; lLnd that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Times once in each week, for .................u..........._.........._.........:~:..i.:..l.~::"""........__.........._.................... week~ ;.,i ,-,' "I successively commencing on the .........,,:::.:;~.:..f..:!.,,-p....,!""'j:!.':::.,.'m...... ~1" {,.. . ..:' {. day of .......;.~..:::..J;..L..jc.,..:~.:.................... 19!...t..... .; .:=t:..~.~~~...~~~~;,......................... Sworn to before me this .....d...~."'-..L._...l .I"!" ~ , .~ t 1"'-----.... day of ..m.."....'m'm..mt'.......m::::::::.~:~:}?.... ....... ...... ....... STANLEY S. CORWIN NOTARy PUBLIC. St~tf! cf New York Residin~ in S~:!t'11t, Caunty elks. ~o. 52.5SU).!OO (.~OltnOi~5ioD l::xpircsi\larc:h 30,1960 TOWN OF SOUTHOLD, NEW YO~K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 232 DATE $.?.Z~ ~.../. ~.9.. ......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Ic (We) ........ .~ .e..zg...zq.!... i¥...., t,.9,g.b...e.r. ..................... of .................... .~..?. ?..?.: ~.s...~....:&..~...~. ~..~. ......................... .;z - ~ ;Name of Appellant ~ Street and Number ....................... ..0..~..~..o..~..o..~.~..?...~...~.:...,.Z.: ..................................... ~.~.*....F.? ........ HEREBY APPEAL TO Mun ic_ipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE/ BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... ~?.~.~..~...?..~.~....~.~..9. .......... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ?o 0. ............. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct a ~rivate garage, t~e front of which would be im %ine with the So~th side of my home facing Southern Cross Rd~ 1. LOCATION OF THE PROPERTY...P.a~.~a~h,,.~.a .... &...So.~.t.h9~2n...qr.as~..~.& ....C',.zt:B.ho~ue Street Use District on Zoning Map'- ...................... ............................. Map 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 qJote the Ordinance.) ~rticie iii, Section ~00. Sub, ? 3. TYPE OF APPEAL Appeal is mode herewith for (~) ~'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 and was made in Appeal No ................................. Dated ..................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (x) A ~arianc~_ to Article III~ Section 300, Sub. 7 !?~y home was erected before ths Zoning Ordinance was vassed thus establishing the set back Ii-ne on the South side ~f ~o~e~ C~sse~_~.t~an~ i_va~t to er~ct my. gara e,%acin~ Southern ~%~,-~,, ~ze ~V,o~zu oz wnzcn wou!d be in zzne ~i~n is ~ ' ~y me at info'~g~':~e~zng requested tor the reason tnatpe~ sketch submztted o (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because other homes on the w ~th side of Southern Cross Rd. are only 3~ feet back from the road so why should I be forced back ~O ft. with a garage which would make it difficult in inclement weather to get access ~o a Tov~m Road. Property West o£ my house slopes sharply uphill. 2. The ha~ship created is UNIQUE and is not shared by all properties a ike in the immediate vicinity of this proper~ ant in this use district because - property-ac~os,~ the ~ead f~om me. o~.~he, s©u~h si~e of Southern Cross Rd. is set back 17 feet mud the garage is only about 3 feet from the road so I would certainly improve the appearance of this corner with the variance I request. 3. The Variance would observ, e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~y home is set back 50 feet from Pequash Ave. which carries out the character of the district and my setback on Southern Cross conforms with the homes erected on this Street. T~ae garage I ex.~ec~t to erect will conform to the general amm'earance of my home" and will add to the attractiveness of t~s corner and some day in the future i expect to erect a breeze-way from the house to the garag? Proposed construction would in no way caange character of the neighborhood o STATE OF NEW YORK ) COUNTY OF~r~ ~ Signature Sworn to this ....................... Z.-~.--.~ ..... day of ........ Fee paid $1~.00 TOWN OF SOUTMOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 23:;) DATE .0.q.t..:...9..~.b...1.9.5'9 TO THE ZONING BOARD OF AP,PEALS, TOWN OF SOUTHOLD, N. Y. L (We) ..~.e.~..~..Z W., ...~_~..b..e.~..~ ........................ of ......~.e..C.~...s.k.A~..e.~ .................................... Name of Appellant Street and Number Cutohogue~ L.I. N.Y. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... .~..e..~..~..:.,..2,..1.~.._3:...~.~...?. ......... WHEREBY THE BUILDING INSPECTOR DENIED TO - Henry.. W, Lauber Name of Applicant for permit ~f. O. Bo~.....6.~3.~...~.e..q~.4~..s.b...A.~.e..,....~._$..,..q.,.~.,....g~.e.:.tt..o.~:-¢.e..,...~,.~., ...................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) Permit ~o. construct a private garage the front of-which would be in line with~the south Side of my home facing SOuthern Cross Rd. I. LO'C~TIO~' .OF TITLE PR~PERTY.P..e.~A.a.~.h~`V.~.~Q.g`~.h.~.~.D~.~r.Q~.~R~.d.~.Q~chQg~e Street - Use Distri¢{ on: Zon ng Mep Fleet Estate ~ - - ~ · ...................................... ................ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Articl,e Section, Sub~ section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordihance.) Article III, Section 300, Sub. 7 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 C6ns. 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 and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to t~he Zoning Ordinance (X) A Variance in Article III, Section 300, Sub. 7 Reasons expressed in my letter to Mr. Howard M. Terry of Sept. 18th 19~9~ and-sketch submitted by me at informal meeting of Appeal Board on Oct 8th 19~9 is requested for the reason that (Continue on other side) l~orm Z]31 REASON FOR APPEAL Continued 1. STRICT'A~OPLI'CATION OF THE ORDINANCE would produce UNDUE HARDSHIP because Refer to my~'~'ze~er cz 9/18/~9 to Mr. Terry 2. The hardship created is UNIQUE ondis not shored by all properties alike in the immediate vicinity of thi~ property and in this use district because Refer to my letter of 9/18/~9 ~o .Mr.. Terry. 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because I quote from :my letter of 9/18/~9 to 'Mr. Terry'- ' ' ' ,; :.L._~ "The garage I expect to erect will conform'to~%he general appear~snce of my house ~a~d will add to the .attractiveness of thzs corner and'.some day in the z~ature I expect to erect a breeze-way from the house tc the garage." STATE OF NEW YORK ) ........ ~.~-¢~,,,-~*/¢/..~^~"~..~-..?~'v'""~. COUNTY OFSuffolk ) Signture ... ~9th - 'da' of October ~ ~ 19 ~9 Sworn to ~n~s ............................... ' .......... Y .................................................... /s/ Raymond E.. Tuthill Notary Public NOTARY STAMP . FORM NO. 3 . TOWN OF SOUTH OLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTH OLD, N. Y. NOTICE OF DISAPPROVAL File No. . ............................ ..................................... Dote ....................Septe.ber....21............19..59.. To ...lWlrT- .11... Lauber........................................ ... Boz..643..... .P.equash..A ll'8..&. .S.C.Road...... ..... Cutohogll8,... .N. T..................................... PLEASE TAKE NOTICE that your ~ doted .......................Sep.t.............18..... 1959.... for permit to construct ..a..~..Gaftg..............ot the premises located at ..COn_.of.................. SOllthenl"Cl!'01I1t.a..~IIh."'................... Street Clltohogue, I.Y. Mop F.1e.t..Estate................ Block ....JCCt......... ........................ Lot ....DX................................. is rinn:li'H~;iill...,~,.:Iisopproved on the followi ng grounds ......lnsuttioieD~._tacJt...r__... ..pzoopeny. .11ne........,. .1Ilqll117. .to...buUd ..le'8.. than. .5Ot:t.. _t~!;Jf}..... .... ........ ....... ......... ...... ................................................................................................................................................................ ................................................................................................................................................................ ......I..L'ift.;i!;;;V;;C,;;;:~~bl........... . . Pequash Ave., & Cutchogue, L.r. Oct. 9th 1959 Southern Cross Rd., N.Y. P.O.Box 6"3 Mr. Howard M. Terry, Building Inspector, Town of Southold, Southold, L. I. N. Y. Dear Nir. 'Perry:- I am enclosing herewith my check for ,15.00, together with Appeal Form. I hope it is filled in properly. I want to thank you for the opportunity of meeting the members of the Appeal Board and was glad to learn that they will make an inppection of my property after the Appeal is submitted to them. Respectflully yours, He. nr~L.~ aluber. ~ . b I 'J _ ,_ "( ---c 0 ?I\ -~ &' k--tJ r . rsquash Ave. & S.hern ~ross Sd., ~utrho.O'ue, L.r. Box 61c3. l,j'r. Howard ),;. Terry, Buildin~ Inspector, Town of Southold, Southold, L.I. N.Y. De ar i"lr. T'erry:- I called on you last Saturday, Se"t. 12th, to [~et your permission to erect ao;araze on my property s i tua ted on the Northwes t corner of pequash Ave., and Southern r:ross Road in Cuthhogue. You said you could not gra.nt a permit unless it was set back So feet from Southern Cross Road. As I explained to you I expect to be a permanent resident in Cutcho["ue after Jan. 1st 1960 and would like to have mv p'ara"'e as close to Southern Cross Rd. as the Zonin.O' Law wiil-all~w, in order to give me access to a Town Road in inclement weather. ~y home was the first building erected on the North side of SOllthern Cross Rd. and it sets back about 30 Feet from this road and I would say it established a set back for future buildi.n"'s. If you disresard my contention on this point then I refer you to the homes of Forter and Vanderback further/fest on i;he North side of Southern Cross Road, that are set back 3S feet. I would say this is an average setback. Now let us look at the South side of Southern Cross Rd . ['he house across the way from me, (Williams), is set beck 17 feet and the p'arave is much closer. Further un the road on the same s ide~ is a house owned by Lister 35 fe"et back and Fitzpatrick 26 feet. You also said if you refused me permi.t to erect Barase closer than 50 feet to Southern Cross Rd. I would have to go before the Ap~'eal Board. I think wi th the facts I have iven you this will not be necessary and you can just tell me how far back I can erect my Garage, the closer to the road the better. . The garage I expect to erect will conform to the general appe9.rance of my house and will add to the attractiveness of this corner and some day in the future I 'expect to erect a breeze-way from the house to the garage. Will you kindly reply to this letter as soon as possible as I want to erec.t my garace before the }<'rost sets in. Respectfully yours, H~n!,y w. L:uber~_ /'--./ .;{/ C 11.'-/ {l ~ - " Le.. J . . LEGAL NO'!' ICE Notice or Hearing G' Pursuant to Section 267 or the Town Law and the prOYisions ot the Amended Building Zone Ordinance or the Town ot Southold, Surtolk County, New York, public hearing will be held by the Zoning Board ot Appeals for the Town of Southo1d, at the Town Clerk's Office, Main Road, Southo1d, New York, on October 29, 195'9, on the 1'ollowing appeall 7130 P.M., fE.S.T.), upon application 01' Theodore Schroeder, 139 FOurth street, Greenport, New York, for a special exception in acoordance with the Zoning Ordinance, Article IIII Section 306, and Section 307, tor permission to reduce s de yard and rront yard setbacks on a oorner lot. Lot No. 122A on map or Peconic Bay Estates, Arshamomaque, Greenport, New York, bounded north by Private Road, east by Bay Shore Road, south by Addie J. Beckto1d, and west by Adam Pekunka. Any person desiring to be beard on the above applioation should appear at the time and place above specitied. DATEDI October 16, 195'9, By Oi'der ot the Southold Town Board ot Appeals. ... ... ... ... '" PLEASE PUBLISH ONCE, OCTOBER 23, 195'9, AND FORWARD AFFIDAVIT OF PUBLICATION IMMEDIATELY TO THE BOARD OF APPEAlS, c/o TOWN CLERK'S OFFICE, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on Ootober 16, 19,91 The Surtolk Times The Long Island Traveler-Mattituck Watchman TheodoreSchroeder . . LEGAL NOTICE, Notice or Hearing Heari~ to be held on October 29, 1959. 8.00 P.M. (E.S.T.), upon application of Henry W. Lauber, Pequash Avenue, Cutchogue, New )lork!. for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to locate private garage with reduced setback. Location of property. pequash Avenue and Southern Cross Road, Cutchogue, New York, bounded north by L. DeLucia, east by Fleet's Neck Road, south by Southern Cross Road, and west by G. H. Fleet Estate. PLEASE ADD TO LEGAL NOTICE BEGINNING 7:30 P.M. upon appli- cation of THEODORE SCHROEDER, previously forwarded to you. Copy mailed tOI The Suffolk Times The Long Island Traveler-Mattituck Watchman Henry W. Lauber ( . . October 16, 195'9 Mr. Henry W. Lauber P. 01 Box 611-3 Pequash Avenue a: Southern Cross Road Cutchogue, New lork Dear Mr. Lauber I We are returning your sworn Appeal No. 232. It w11l be neoel!ll!lary for you to t111 in .nd return another applioation, sworn to in duplicate for which we are enclosing two blanks. The original application which we are returning is insuftioient with respeot to para- graphs one and two on the reverse side ot the application. Since this is a sworn app1ioation and your letter to Mr. Terry is unsworn, it will be neoessary for you to till in the paragraFh~ referred to in full, with particular reference to why tailure to grant this varianoe would produce an undue hardship and also why this hardship is unique. It will not be necessary to mail in a new tee. If your applioation is reoeive~in order, by our next meeting on Thursday, October 22, 19,9, we will then schedule it tor public hearing. Very truly yours, Robert W. Gillispie, Jr. Chairman, Southold Town Board ot Appeals Enclosures RWGjr/jb . . September 21, 1959 IIr. Henry W. Lauber Box 6J.3 Pequash Ave & Southern Cross Ed Cutchogue, N.Y. Dear Sir) Your letter dated Sept. 18th received. As I stated to you when you were in my office, the required setback for private detached garages is at least 50 feet, back from the property line on any street, an attached garage may be in line with the dwelling. I have no authority to alter this requirment in any way. The information submitted in your letter might be eomebasis for the Board of appeals to grant a variance from the 50 it requirment . Enclosed please find a denial of you inquiry about the detached garage at less than 50 ft setback, and appeal forme to take the matter to the Board of Appeals if you wish. The Board meets here every Thursday Evening, you may come in and diseuse the matter informaly with them if YO'l wish at no coet, however a formal appeal the fee is f 15.00. Youre truly I / i .i.r, / ,'"J I !' / I Building Inspector