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Home My WebLink About151Hal;Water Road Variance NY April 16 19S9 G .RA~ _ED permission to reduce frontage and divi~e into two lots, W/S Fleets Neck Road, Cutch°gue. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No.15'l Doted April it 195'9 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN SOUTHOLD ~r. Arthur Schwarz To Vanston and Hay Water Road CutchoEue ~ New Yor~ at a meeting of the Zoning Board of Appeals on Thursday~ April 16 was considered and the action indicated below was taken on your ( ) Request for variance due to lock of access to property ( ) Request for o special permit under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) DATEA~r. ii..~O.,..19~9 Appellant the appeal 1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) 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 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) ~ produce undue hardship because of the 150 ft. size of the present lot. (b) The hardship created (is) (1[:~0 unique and (~31g~t: (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because this is the only 15'0 ft. lot remaining in the area, the other lots all being 75' ft. (c) The variance (does) ~ observe the spirit of the Ordinance and (vY~l: (would not) change the character of the district because the ?5' ft. Zot resulting would be in con- formance with the other 75' ft. lots in the area. and therefore, it wes further determined that the requested variance (x) be granted ( ) be denied end that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. The variance is granted for the northerly 1/2 of the property described below and a separate variance will be required for the southerly 1/2 of the property in accordance with Section lO00A. Location of property: On the west side of Fleets Neck Road~ Cutchogue, New York~ bounded north by W. Titus~ east ]~y Fleets Neck Roadt south by Kennedyt and west by G. H. Fleet Estate. ~.~.A~Bo~NI G O~ O APPEALS Secretary Form ZB4 Notice of Hearing, · ' ,, : Pursuant to ~eetk~ 26? of the~ !Town Law and the prov~sion~ of[: :the Amended Building Zone Ordin- ance of the Town of Southofd, Suf- ;folk County, New York, 'publici'. 'hearings will be held by the ~ing Boar. d of Appeals of the Town' icl So(~thold at the Town Clerk's Office~ Main Road, ~oulLhold, New 'lYo~k, on April 16, 19~.~ On the fei- ,lowing 'a~)peals: ' ' 7:30 P. M. (E.S.T:i,:~,pon a~plica-li .tlon of .ttp'ger Williams ~of Nella Williams, 36~2 212th Street, Bay- side, N. Y., ~or a variance in ac- cordanee with the Zomng Ordin- an~e,' Article III, Section 303, and Article X, Section 1000A, for per- 'mkss~oh to reduce frontage and use las a aingle lot, prol~erly c~escribed as follows Beginning at private ¥oad knowfi a~ Truman's ' Path !Map of land surveyed for Roger Williams at East Marion dated Au- gust 25, 195~ by Otto W. Van Tuyl~ and Son ~bounded ~n~ north by 'land of'~llilams, running 117~0 feet westerly, thenc~ 37 feet south- erly bounded b~ land of A. Krelb, : thence; 24.77 ~ feet ~oatheasterly 96.13 feet easterly bounded by ~i~ht-of-~way, thence 49 ~eet northerly fronting on private road known as Truman's Path,'to point ¢ place of beginning. 7 40 P. M. (E~.T.) apon ~pplir ~tion of Roger Williams for Nella ~rilliarms, 3602 212th Street, Bay- side, N. Y., for a varlanee in ac- cold, nee with the Zoning Ordin- ance, Article l~I, ~ection 303, and Article X, Section 109.~G~-per~ mLaslon to reduce frontage and. use as'a single lot, property, described as follows'. Beginning at, private road known as T~.umans Path. ,of land surveyed for Roger Wil- illams at East Marion dated August · 25, 1958 by Otto W..Van Tuyl ami ~Son, 105 feet west, then6e 42 feet [south~vesterly bounded by land of ;Mill[gan, thence 20 feet souther, l.y~ ~bound~d by land of A. Kre~b,[ ~th~r~e 117.80 feet fronting on rate Road known as T~mans[ ~ Path, to point or place of begin-. ming. · 7:50 P. M. (E~.T.), upon applica- tion of .Arthur Schwarz, vanston and F.~_F Water Road 'Cu ,,tfa~,~. with the Zoning Ordinance, Arti- i c lo III, Section 303, and Article X, Section 1000A, for permission to reduce frontage and divide into two single lots, ~property lccated on th~ west side of Fleets Neck Road, (Peq~h Avenue), Cutchog~e, Newi York, .bounded north by W. Titus,! -ee~t by Fleets Neck P~:~d, south byi Kennedy, and west by ~. H. Fleet: E~tato. ' tion of GEESe and Lillian Braun~ Cuichogue, New York, for a special~ exception in accordance with the~ Zoning Ordinance, Article IV, Sec- tlon 400, Su,hsestlon 9, for portals-I sion to construct und maintain a' gasoline service stat[on at section of Middle Road a~d Young &venue, Southold, N~w. York Doffnded m3~t,'h by :Mlddi~R°ad? east by Youngs Avenue, south by ~;. Grattan and C~hacnews, and westl. by J. Charnews, 9:00 P. M.( E~.T.),' upon appllca-.! tion of Jolm HaZy, for North Fork ~Ioasing Guild, Inc., Mattituck, New York, f~r a spes~al exception in ac- cordance with the zoning Ordin- ance, Article III, Section 300, Sub- seetion 11, for perraiasion to locate'. more than one real estate sales. sign on property of George L. Pen- ny, north side Main Road, Mat- tit,o, ck, New York, bourn, dod nor/ah by I~road, east by J. i south by Main Road, and weet by~ J. F. Young Estate.' ~ny per,on de~ing to be .hcar. dd t appear at the time and place above specified. Dated A. pril 2, 195_9/ By Order of the-Southold Town Board of Appeal~ ltA10 STATE OF NEW YORK, ] ? ss: COUNTY OF SUFFOLK, ~ L...~.(.....~..~........~._~ ..................... being duly S,vorn, says that ....... ~...~......._ is Printer and Publisher of the SUPFOLK TIMES, a newspaper published at Greenport, in said county; sad that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Times once in each week, for ............................................................... ~ .......................... weck~ success~vcly commencing on the ............... ~ ............................. day of ....... ~ ............................ 19~. .... ~ Sworn to before me this ._./..~.......~_..:.... ~ ............ ......... i ................. COENEL[A C. KEOGH NOT^RY PUBLIC, Slate of New Yore N .. 2-:.0~93890 Qualified in Suffolk County T~.L., E pires March 30, 1961 LEGAL NOTI~ Metice of Hearing Ptu-suant to Section 26~ of the Town Law and the provisions Df the .Amended ~ullding Zeno Qr~inance of the Town of Southold, ~uffolk County, New York, ~ubli¢ hearings will be held by the Zoning B~ard of Appeals of. the Town of Southold at the Town Clerk's Office, Main' Road, $outhold~ Maw York, on April 16, 19%9, ~n the following appeals~ ~ ?:30 p.M. (E.S.T.), upon application of ~oger Williams for NeAla Wi!liams~ 3$02 212th Street, Bayside~ N.Y.~ for a variance in accordance With the Zoning Ordinance, Article III, Section 303, and Article X, geetion 1000A, for permission to reduce frontage am~ u~e. as a single lot, property described as follow~: Beginning at private road ~nown as Truman's Path, Rap of land surveyed for ~oger Williams a~ East Marion dated August 2%, 1958 by Otto W'. Van Tuyl and Son, bounded on north by land of Willisms~ running 117.80 feet wes~er.ly, thenc~ ~7 feet southerly bounded by 1. and_ of A. 'Kreib~ thenc* 2~.77 feet southeasterly b_o~d, ed by right .of way, thence 96.13 feet easterly boun~ed by right of ~ay, thence 49 feet ner. t.herly .frenti~ng on. private ro~d known as Truman,s Path, to poln~ or place of begznnlz~. ?~$0 F.M. (E.SlT.), upon application of ~oger Williams for Neila Williams, 3602 212th Street, Bayside, N.Y., for a variance in accordance ~ith the Zoning Ordinance, Article III, Section 303, an~ Article X, ~eetion 1000 A, for permission to reduce frontage and use as a single lot, property described as follows~ Beginning at prl. vate road known as Truman,s Path~ southeasterly corner of l&t 16~ Map of land aurveyed for Roger Williams at East Marion dated A.ugust 25, 19%8 by Otto W. Van Tuyl and Son, 105 feet west, thence ~2 'feet southwesterly bounded by land of Milligan. thence 20 feet 'southerly bounded by land of A. Kreib, thence 117.80 feet fronting em Private road known as Truman,s Path, to point or place o~ 'beginning. 7:%0 p.M. (E.S.T.)~,. upon application of Artl~ur Schwarz, ~anston and Hay Water ~oad~ .Cutchogue~ N.Y., for a variance in acsordance with the Zoning Ordinance, Article III, Section 303~ an~ Article X, Section 1000A, for permission to r~duce frontaze and divide into two single lots, property located on the west- side of Fleets Neck Road, (Pequash Avenue), Cutchogue~ New York, bounded north by W. Titus, east ~y Fleets Neck Road~ south by Kennedy, and lwest by G. H. Fleet ~state. 8:00 P.M. (E.S.T.), upon a~pllcatlon of George and Lillian ~aUn, Outehegue, '.New York, f~r a special excepti6n in accordance ~ith the Zo~ng Ordinance, Article IV, Section ~00, Subsection 9, ~er permission t~' core, tract.and maintain a gasoline service statics at intersection of..Middle Road and Youngs Avenue, Southold, New York, boun~ed no~t~.' bY Middle R~ad~ east by Yeungs Avenue, south by E. Grattan and. CharneWs, and we~t by J. Charnews. Page 2 - LEGAL NOTICE, Notice of Hearing 9'.00 P.M. (E.S.T.)~ upon application of John Haley, for North Fork Ncusing ~ulld, Inc. ~ ~attituck~ New' York, for a epecial exceptlon!n accerdamee With the Zoning Ordinance, Article III, Section 300~ Subsection 11~ for permission to loca~e more than one real estate sales Sign on prol~rty of George L. Penny~ north side Main l~oad, Mattit~ck, Mew Pork, bounded north by Rallroad~ east by J. Wilson, south ~y Main Road, and west by J. F. Young Estate. Any person desiring, to Be heard on the above applications should appear at the time and place above specified. Dated AFrll 2~ 1959~ 'by Order of the Southold Town Board of Appeals. PLEASE PI/BLiSH ONCE, ~PRI~ 10, 1959, AltD FOI~WARD AFFIDA¥IT8 OF POBLICATION I~MEDIATELX TO THE BOARD 010 APPEAL~, c/o BUILDING IN~IEOTOB, TOWN OLERK'B OFFICE, MAIN ROAD, SOUTHOLD, ~EW YORK. Copies mailed to the following on April 3, 1959~ Roger Williams~ a/e Nella Williams Arthur Sehwar~ George a~d Lillian Braun ~ohn ~aley, a/c North ~ork Housing Guild, Zinc. The ~uffolk Times 80MEONE SHOULD APPEAH AT THE HE~iNG. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / ~''? DATE ./~L~..~:....~......!..~..~' ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ................ i~{~"g~"X~gii~:'~ .......................................... §;'/~" ggZ'ia'3'~'Zr' ..................... ....... ....................................................... 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 ~r~Br permit Street and ~,,_.~,~ , M~nicipality Sta,~ PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY.....J'~./S ...... ...~...~....~....~. ..... :~..~..'~...~ ........ Use Dist~/ict on Zoning Map ~:~ ~ . Street . ~.~..~.~... ...................................... ~..~;; ............... ~ 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.) 3. TYPE OF APPEAL Appeal is made herewith for (~:~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 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 and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (.)~' A Variance to the Zoning Ordinance ) (Continue on other side) Form ZBI REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because,* ~,~ 2 THe hardship creoted is UNIQUE end is not sh~red by ~11 properties ~like Jn t~e immediate vicinity of t~is property and in t~is us~ district because; ~ ~ ~ ~% ~ ' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because; .~ ~2_. ,~ ~ ~ ~2 ~,~- STATE OF NEW YORK COUNTY OF ~ ss ................................................................. Signture ~' ......... Sworn ,o this ............................. /~....day of ............................~.....'9 Notary Public I~/~ Public, State of 'N~I; ~ siding in Suffolk COUllty v No, 52~367800 · [~ TOWN OF $OUTHO~.D, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ..... ( ) ( ) TO THE ZONING BOARD OF 'AP,PEALS, TOWN OF SOUTHOLD, N. Y. 1, 9eVe) A .~...~...~....~...~... ~.~'...~....~....~....~:....(~....~......~.....~./...f"~.'. o f Name of Appdlant ....................... ~'~"~"~'~'~'~3~ ..................... ....... ................................................... .... ~i¥~" 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 pp' pe mit .............. of ..~.~..~.~.... ~.~...~...g....~....o~......~..~..~...~..: ............ ~ ...~....~.....~... ~.~] .... Street and ~ ~ /v~niciE~ality , ~, State PERMIT TO USE ~ PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY....'.~./.~. ..... ...~..~..~....~.7.... . ' '~ ~ - Street _ Use Dist~lict on Zo'~'i'~g"~g~ ...................... 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 ri,umber. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE du,e 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 rathe Zoning Ordinance (Continue on other side) l~orm ZB1 REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because,~ ~ 2. The hardship created is UNIQUE and is not shared by all properties alike ~n the immediate vicinity of this property and in this Use district ~cause ~ ~ ~ ~ ~y, ~ 3. The Va~ianc~ would obs~e the;.~spiH~ of'the Ordinance :and ~OULD NOT CHANGE TNE CHARACTER OF THE DISTRICT because/ ~ ~ ~ ~ ~ ~ ~ -~~ ) ss COUNTY OF ) Signture ~,~o~ ,o ,~,~ ............................ /:..~...._~o~ o, ........................... ~..4........,~.~? Notary Public I~. Commlssm ~pires M~ ~; 19