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Home My WebLink About1282 TOWN OF SOUTHOLD, NEW YORI~ ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1282 Dated August 12, 1969 ACTION OF~ THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Rossa Wo & Agnes M. Cole Hayw.aters Road , . Cutchogue~ New York 1969 Appellant at a meeting of the Zoning Board of Appeals on September 11, 1969 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 ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be der, led pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:45 P.M. (R.D.S.T.I, .upon application of Rossa W. & Agnes M. Cole, Ha!rwaters Road~Nassau Point, Cutchogue~ New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection .6, for permission to build accessory building in front yard area. Location of property: corner of Ha!rwaters and Old Menhaden Roads,. Map of Nassau Point Club Properties No. 806, Section D~ Lot No. 374~ Cutchogue, New York, bounded north by Old Menhaden Road, east by P.J. George~ south by Geo. H. Starkie, west by Haywaters Road. 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 or unnecessary 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 cHstrict 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. FORM ZB4 SEE REVERSE APPROVED · !:' .- f:i~ 9 / ~an Bsard oi Appea[~F-- ZONING BOARD OF APPEALS 8outh61d ~o~n Bo~d of Appeals After investigation and inspection the Board finds that the applicant requests permission to build accessory building(garage with bedrooms) in front yard area. Sub3ec~-property is a corner lot, located on Ha!rwaters & Old Menhaden Roads, Cutch0gue. There- fore applicant does have a hardship because he fronts on two streets. Applicant also has a topographical hardship due to the contour of the land. The Board fe,els that they have an obligation to provide relief for the appl~c ant. The Board feels that the only latitude they have in this instance is in regard to the location of this building. Applicant has applied for building to be setback 25 feet from Old Menhaden Road, the Board shall require that he be setback 42% feet from Old Menhaden Road~ Said building shall not exceed 12 feet in height. Applicant will not be permitted to have any cooking facilities, ot to rent or lease this building. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship ~reated is -unique ~d would not be shared by. all properties alike in-the immediate vic/nity ~f this property and in the ,same use district; and the varianCe' will not change the character of the~ district and will observe~ the spirit of the Ordinance. ,THEREFORE IT WAS RESOLVED Rossa W. & Agnes M., Cole, Haywatersa Old Menhaden Roads-Nassau, Point& Cutchogue, New York be GRANTED permission to locate accessory buildin~ (garage ~/ bedrooms), in front yard area on property located on corner of Haywaters & old Menhaden Roads, Cutchogue, New York, subject to the following condit ions: 1. Accessory building must be setback 42½ft. from Old Menhaden Road 2. " " may not be over 12 feet in height. 3. " " must not contain any cooking facilities. 4. " " may not b~ented or leased. Pursuant to Section ~ 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the Town of Southold, Suffolk'Co~nty~ New York, public hearings will be held.by~ the Zoning Board of Appeals of the Town 'of Southold,':.at :t~he Town Office. Main Road, Southold~. New York.' on' SePtember 11, 1969 on t~he following appeals: 7:30 a va=lanCe in accordance ~th the Zoning Ordinance, Article III~-Section 300. S~bseCtiOn 7~" for permission ocat ~on side 'o~ Midge Road (CR27). Cutchogue, ~ew York.- bounded nor~ by J. S~cik~um~sky. east by Antone ~awlu~zyk~ south by Mid~ Road~ west by Simcik- Shalvey~ 7:45 P.M~ ~.D.$~T~)~-upon application of ROssa We & Agnes M.. Cola~ Haywate=s Road - Nassau Point~ Cutchogue~ New York~ fo= a variance in accor~nce wi~ ~e Zoning Ordinance~ Article III~ Section 300~ Subsection 6~ for Permission to build accessory building in front yard a~a. LOcation of pro~rtv~ c~ner of Ha~aters and Old Menhaden Roads~ Map of Nassau Point Club Properties Page --2-- bounded north by Old Menhaden Road~ east by Po'J~ George, ~y Geo~ E. Starkie~~west by Haywaters Road. 8.' 00 ~P~M~' {EoD,'S~T,)~ upon· application of ~Charles New York= for a yam iance Rivolta~ Ole~Jule :Lane=~ in-accordance with the Zon~n~ 300~ building ion to :locate accessory of property, west · 'zeb=o Zahra~ wes - 5 8ol bounded north Lane~ Salvina ~lication of R~Vo 1FOyle 'iSland, New York, for a variance in accordance With the.Zoning'Ordinance~ Article · I~ Section 300.~ Subsection 703, fo~ pe~mission t° locate-~ accessory building in front yard a~ea~ LocatiOn °£:Propa~tY: Fishers ~sland Estates~ Corp.~ east by p=ivate =omd~ ~ou~ by private road~ west by Agnes Noyes in accordanc~ with ~the ~oning Ordinance~ ~rticle ~V~ Section 408~ for pemmission to erect an off premises information sign on the property of J. Duryee Estate. t = ide of Love Lane, Mattituck~ Location of proper y east s N~W yOrk~ boun~d no. th by Pike Street~ east by Lutz a west by Ha~waters Road. 8:00 P. M. (EDST), upon appli- cation of Charles Rivolta, Ole the Zoni~ Ordinance, Article south by Salvina zahra, west by deF ~ord, Jr., Pishers by F. L Development Corp., east by private road; south by private ot~her~. COUNTY OF SUFFOLK STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mottituck Watch- man once each week for .......... ~../-,..~'~."~.~...(..../..~. wee~ successively, commencing on the .................. ~ ................ doyof ...... ....... i:"' ................. ................. Sworn to before me this .......... ~ .......... cloy of 8:90 P. M. (EDST), up0n'aPPli- cation of Mattituck Lions Club, Mattituck, New York, for a spe- cial exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect an off premises information st~n on the property of J Duryee Estate. Location of property: east side of Love Lane, Mattituck, New York, bounded north by Pike Street, east by Lut~ & south by W. H. Drum Estate, west by Love Lane. Any per,on desiring to be heard on the above applications should appear at the time and place specified. Dated: AugUst 21, 1969 BY ORDER OP THE SOU'A'I-fOLD TO~VN BOAI~D OP APPEALS L. EGAK NOTICE NoUce of Hearings Pm'suar~t to Section 267 of the Town ~ and the provisions of the amended Building Zone Ordin- ance of the Town of Southold, Suf- folk Cour~ty, New York, public hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, ~ew York, on Septen~ber 11, 1969 on the follow- ing appeals: 7:30 P.M. (EfD.S.T.), upon appli- plication of Agnes D. McGunnigle, Box 5~A North Road, Southold, New York, for a variance in accordance with the Zoning Ordinace, Article II{, Section 300, Subsection 7, for permission to use existing b~lildlng: for business office. Location of property: north side of Middle Road (,CR27), Cutchogue, ~Xrew York, bounded north by J. Simcik- Cumisky, east by Antene Pawluc- zyk, south by Middle Road, west by Simcik-Shalvey. 7:45 P.M. (E.D.S.T.), upon appli- cation of Rossa W. and Agnes M. ,Cole, Haywaters Road-~lassau Point, Culchogue, Ne~v York, for a vari- ance in accordance with the Zorl- lng O~dinance, Article III, Secti~ 300, St~bseclion 6, for permission build accessory building in fror~ yard area. Location of ~roperfy: corner of ~Iaywaters and Otd Men- haden Roads, Map of ~as~n Point Club Properties No. 806, Section D, Lot No. 374, Cutchogue, New York, bounded north by Old Menhaden Road, east by P. J. George, south by Geo. H. Starkie, west by tIay- waters Road. 6:06 P. ~. (E~D.S.T.), ~upon appLi- cation of Charles Bivolta, Ole Jule Lane, Matlituck, ~Iew York, for a variance in accordance ,with the Zoning Ordinance, Article III, Sec- tion 300, Sabsection 6, for p~ sion to lo.ate accessory building in front yard area. Location of prop- erty: west side of Ole Jule I~,~. Mattituck, ~New York, bounde~ north by J. Zebroski, east by Jule Lane, east by Salvirm Zahra, west by Canal. 8:16 P.M. (E.D.S.T.), upon ai~pli- cation of R. V. Foyle a/c George deF Lord, Jr., Fishers Island, New i York, for a variance in accordance l with the Zoning Ordiannce, Article . Iff, Section 300, Subsection 6, and Article VI~I, Section ?03, for per- mission to locate accessory ~binld- ing in front yard area. Location of property: Fishers Island F-states, Fishers Island, New York, bounded norfll by F. L Development Corp., east by private road, south by pri- vate road, west by Agnes Noyes & ot~ers. 8::30 P.M. '(~D~.T., upon ~pli- cation of 'Mattituck Lions Club, Mattituck, NeW York, for a special exception in a~cordance with the Zoning Ordinance, Article IV, ,Sec- tion 408, for permission to erect an off premises information sign on the property of J. Duryea Estate. Loca- tion of property: east si'de of Love Lane, Mattituck, ~lew York, bound- 'er north by Pike ,Street, east by Lutz & Long, south by V~. H. Drum Estate, west by Love Lane. A~y person desiring to be heard on frae above applications should ap- pear at the time and place speci- fied. DATED: AUGUST 21, 1969, BY OR- DeR OF ~HE SOUTHOLD TO~ BOARD OF APPEAL~ ltS6 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: · .~.~~...~.% ~ ..... being duly Sworn, says that . '~-~... is Printer and Publisher of the SUFFOLK WEEKLY TIldES, a newspaper published at Greenport, in said county; and that the notice, ,of which the ,annexed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, for .......... ~ ........... week~ successively co~g on the ... ~ ............ day of .~<~.~~.~--~ Sworn to before me this .~...~.~.... I i'X-i . ........... .............. APPEAL FROM TOWN OF SOUTHOLD, HEW YORK DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOU'FHOLD, N. Y. Name of Appella,n.t ....................................................... Municipality Street and umber .~.~QM.~,~..:?.C...HEREBY APPEAL TO State THE ZONING BOARD' OF APPEALS FROM THE DECISIO.N OF THE BUILDING IN,SPE. CTOR~N APPLICATION FOR PERM T NO .......................... DATED ...........~..,:'~J;:'2,;,...:~,Z..<~(....~,~,?!~' ,~ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE PERMIT FOR oCCHPANCY - z, _//~,7 ,~ /~ /,,~;,.~j/~ ~. ~oc,~,o~ o~ z.e ~o~e~w -~.~:zv~,~.e~.~:~.~.~...:'. ............... / Street Use District on Zoning Map .......... ,... ........., .......... - /; g Map No. / Lot No. j ~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- s~o,~. , ~ Paragraph.,t:./~;~:p,~ ~' ~.~ ,. ofd>th~e '-~Z~°ning-~Ordinance~ ~hz'b~' u..~ber..~.? ~7'D°~*P°t ~c]~uote~ the Ordi.nance.) 3. TYPE OF APPEAL Appeal is made herewith for (,~ A VARIANCE to the Zoning Ordin.a.nce 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 JllilllJ (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 (~:~0 A Variance to the Zoning Ordinance ( ) is requested for the reason that / '/ . ~o~ ~] (Continue on ot~er side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because : : . -, ,~ /, ,> :,. : w ./ ... i '7 . / ./y- /' prop. erti,e.s /alike /in the. immediate. 2. The hardship created is UNIQUE and is not shored bya!l . / '/." -, ' x J, J ¢: . ¢ x :,' , . -,, ... % .-. . --.,. . ,.. ,.. . .... ., / 1,, :' ... ., , . . ~.g 3. The Veri~nce would observe tNe spirit of the Ordinance ~nd WOULD NOT CHANGE THE CHA~CTER OF THE DISTRICT because ~ .~ ~;~' :' 4- .t:¢" .~4" ..0,, ./E' /:' ,' ~,.¢..~ .. (? >'X~'~'7 .~ :,.., ........ . ¢ .: ,... - A . , _.,~ /~ ,.-,., b% / ~ ":'. ' .. : ' - , . ' .:Z STATE OF NEW YORK ) '~' ) SS COUNTY O~~iL ..: ~-' ) Sworn to this ............................................ day FO~M NO. ! TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ............................. Disapproved a/c .............................................................................................. Application No ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS o. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town'of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant cgrees to comply with all applicable laws, ordinances, building code, housing code, .and~egulations. .... ~,~, .,.~;. :¢.~?:~ ~ .~ ~;. ;~'~. ~ ......... '...~ ........................................ ' (Signature of applicant, or name, if a corporation) ................. (Address of plicant) State whether applicant is owner, lessee, agent, architect, englander, general contractor, electrician, plumber or builder. ........ .................................................................................................................................................................... N.me of o,.ner of premises .... ./.,~*:(,~'.,o..~..~g~ ............................................................................................ If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1 Location of land on which work will be done. Street and Municipality State existing use and occupancy of premises and intended use and occupancy of propg, sed ' g P - ' ......;? ....................... "7 ....................... : ................................................................ b. Intended use and =cuponcy .~C(::z~.~..,...~1.%~ ~//~i (~:~" ~:~-- 3. Nature of work (check which applicable): New Building .................. Addition .................. Alteration Repair .................. Removal .................. Demolition .................. Other Work (Describe) 4. Estimated Cost ............................................................ Fee .......................................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor If garage, number of co, rs ....... ~ ................................................................................................................................. 6. if business, commercial or mixed occupancy, specify ngture, and extent of each type of use ~' ~ ;~%~- 2~;J x Depth ......~(/-~/~...~... 7. Dimensions of existing structures, if any: Front ........ ~.:...;: .......... Rear ............. :-: ................. Height ...... ~..~.;..~ ........ Number of Stories .... ~'.: ......................................................................................................... Dimensions of same structure with o, lterotions or additions: Front .................................... Rear ............................ Depth ................................ Height ........ ~..., ....... Number of Stories ~':'~-7k~¥? 8. Dimensions of entire new construction: Front ...... o-.~.~.X.~.~. ..................... Rear .... -~...~ ................ D~th ...M:~. He,ght .Z.~ .............. Number of Stories ..~..' ....., .... ' ..... ':.,,~a ..... ~.~ ....... /J .............. ..: ..... :.:....t:.. ......................... 9. Size of lot: Front ...... :.:: .................. Rear ..... ~'.'. ........................... ~pth .,~. ~ ............ ~ ........... 10. Date of ......... ~ ................................................... Name. of Former, ~ner ........................................................ ...... u ' ~ ~e¢'~ ~ ~ x~ ] ], Zone or use d~strlct m which prem~se,s are ~t ated .. ~; .... ~ .......... ; ]2. Does proposed-construction vi~ate any zonino Iow, ordinance or regulation? .,~tt~;'.~:,2.~sst;.:~.f~a*'z~.~:,.e<<c Name of Architect ............................................. Address ............................................. Phone No ..................... / ...... '"}7 '~*~ ,.,/. ,.. . ,...:, .... ., ,.. , . ...,, .... . .. N~CZ?~:.~. Name of Contractor t,., .. ,- .... ' * n:..'..: ..... Addressz. A¢./.: ..... '::L...~z.': ..... Z:i.'. ~.:': .... Phane ..................... PLOT DIAG~M L~ate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-~k dimensions from prope~ lines. Give street and block number or description according to de~, and show street nam~ and indicate whether i~terior or corner lot. STATE OF N~(~R~// r~4~ t c e ........ .. ~.4.<~~':..-.' ..~ .~.' .... ~ ~.... heine ~ly sworn, d~oses and says that he is the applicant ~ove n~med. He is the .............................. ~~.;. ................................................................................................... (Contractor, agent, corporate officer, etc.) of s~id owner or owners, and is duly authorized to perform or hove performed the said work and to ~,ke and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set f6rth in the application filed therewith. Sworn to before me this .... .... d. o, ....... ........ , ...... 5...,x/ ~ (5ig~mm of~~"~p