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1284
TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1284 Dated August 14, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To RoVo Foyle a/c George deF Lord,. Jr. Appellant Fishers Island, New York DATE ~,$~r ll # 1969 at a meeting of the Zoning Board of Appeals on September 11, 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 ( ) 1969 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a ~pecial exception ( ) be ~an~d ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... ~ the Zoning Ordinance. and the decision of Se Building Ins~ctor ( ) be reversed ( ) be confirrnedbeeause 8:15 P.M. (E.D.S.T.), upon application of R.V. Foyle a/c George deF Lord, Jr., Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Sibsection 6, and Article VII, Section 703, for permission to locate accessory building in front yard area. Location of property: Fishers Island Estates, Fishers Island, New York, bounded north by F.I. Development Corp., east by private road, south by private road, west by Agnes Noyes & others. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REg~SE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by al/ 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 RA~SE 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 ZB4-.~ IS ZONING BOARD-OF APPEALS ~U ~~ BSo~o to~rAYppeal s After inves~iagtion and inspection the Board finds that the applicant requests permission to locate accessory building(garage) in front yard area. Subject property is a corner lot located on a private road. The Board ~ind~ that the applicant has a topographical hardship and feels that the lot is best adapted topographically to the proposed location of this garage. The Board finds th, at strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the Hardshi~ ceeated is unique and wouldnot be shared by all properties al/~ in the immediate vicinity of this property and in the smme use district~ and the variance will not change the character of the district and will observe the spirit of the Ordinance. T~EFORE, IT WAS RESOLVED R.V. Foyle a/c George deF Lord, Jr., Fishres Island, New York, be GRANTED permission to locate acfessory building in front yard area as applied for on property located at Fishers Island, Estates, Fishers Island, New York. THE DAy PUBLISHING COMPANY NEW LONDON, CONN. 06321 · Town of Southold Board of Appeals Main Road Southold, New Zork Legal .00 HSAR lNG ~,,~ 5EP '..80 7.75 23..70 21.70 LEGAL NOTICE I ~t~a~t to Section 28~of the ~ ~ ~d ~e P~v~o~ of ~e ~end~ Buil~g Zone Ordu- re of the ~own of Southold, Suf- Couoty, New York, he~Jngs will be held by the Zon- ing Board of APpea~ of ~e Town of Southold, at t~ Town Office, Ma~d, ~u~d~ ~ew York, on ~g a~peals: ~ Box 5gA ~orth ~ad, Sou~o~, with the Zoning ~d~nace, ~ticle ~II, S~t~on 300, Subsection 7, for permission to use ex~st~ng b'ui~d~ng pr~erty: north s~de of Road (~27), Cutc~ogue, Yor~, boun~ed nort~ by ff. S~mcik- zy~, south ~y ~idd~e ~d, ~est by S~mcik-Shalvey. cat,on cf ~ossa W. ~nd ~e~ Cole, ~ywaters ~oad-~sau Po[~, 300, S~bse~n G, ~r permi~ion to build a~e~ory ~ng ~n front yard area_ ~ o~ ~roperty: co~er of ~aywaters and Old Men- baden ~oads, ~ap of ~a~u ~oint Club ~operties No. 806, S~tion D, ~t No. 374, Cutcho~e, New York, ~und~ north by Old ~enhaden Road, east by p. J. George, south by Geo. H. Startle, west by ~ay- waters 8:00 p. ~. (E~.S.T.), 'upon app,- cat,on of Charles ~vol~, Ole J~e~ ~ne, Mattituck, ~ York, for a variance in a~ordsnce ~ith the Zoning ~dinance, Article III, Sec-~ tion 300, Su~ct~on 6, for pe~is- sion to l~ate acces~ry buil~ng in ~ty: west side of Ole Jule ~tt~tuck, ,New York, bounded north by J. Z~r~ki, east by Ole J~e ~ne, east by Salv~na Zahra, west by Canal. 8:15 p.~. (E.D.S.T.), upon a~li- cation of ~. V. Foyle a/c George d~F ~rd, Jr., Fishers Island, ~ew York, for a variance in accordance with ~e Zon~g Ordiannce, A~icle ~HI, S~tion 300, Subsection 6, and l Article YI,I, ~on 703, for per~ ~on to l~ate ~ccessory ~d- ing in front yard area. Location of property: F~shers Island Estates, F~shers I~and, New York, ~unded~ north by F. I. Develo~ent Corp.,; east ~y ~rivate ~ad, south by pri- vate road, west by A~es Noyes & o~hers. 8::30 p.M. ~.S.T., upon ~pli- cat,on of ,Mattituck ~ons Club, ~a~ituck, New York, for a special: exc~t~on in a~ordance with the~ ~ning ~dinance, ~ticle IV, ,S~-~ tion 408, for permission to erect off premises information sign on the property of J; ~uryea Estate. Loca- tion of pr~erty: east si~e of Low ~ne, ~attituck, ~ew York, bound- Lutz & ~ng, south by ~. H. Drum Estate, west by Love ~ne. ~y person desiring to be heard on the above a~cat~o~ shoed ~ at the ~me and place ~eci- fled. ~ DATED: AUGUST 21, 1969, BY OR- I D~R OF TH~ SOU~THOLD TOWI~I BOARD OF AF~PEALS itS5i COUNTY OF SUFFOLK, ] STATE OF NEW YORK. ~ ss: says that ...~.~-..., is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, ,of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, for ........... .~7....~- ........... weeks successively commencing on the ... ~ r ........... day of ........ Sworn to before me this .~...~..~... ~, ~ay of ..~ .~. .. 19~.c~...~ ~ ~'~ ......... · ,. ..... ..... COUNTY OF SUFFOLK STATE OF N~ YORK ss: hearings will be held by the Zon- ing B ,rd o Appeals of the To~ SOut ~ld. st~ the Tdwn O,.nee, M'am Ro.',n~, ,.m,,t.o]d, New York. on Septelnbc:r !;, on l:ho foliow~ng appeals: ' ~:~() P. M. iEDST), upon ~ppli-" '. ea~ion of Agnes D. McGunniglo. Box ~2A Norlh Road, 5ouihold. New York. for a varim~ee ~n ac- cordance with the Zox~m~' Ordi- nance. Article IIi, Section $00, ~bsection ~, for permission to use cxi~ling: building *'or busi- nes~ office. Location of property: o[ Xiidd]a Road Ou~chegue New York, north by J. Simeik~ 'east: by Autono Paw south by Midd!o Road. west by Simcik-Shalvey. 7:45 P. M. (EDST~. upon appii- e~tion of ~ssa W. & A~'nes Cole ~aywaiers Road-Nassau PoinL C~tehoguo. Now ~'ork, for ~ variance in aecordmace wi~h [he Zoning' Ordinance. Arlicle ~: 'III Section 3~, Subsection 6, ~or permission ~o build accessory ~uilai~g in ~onC ~ara~ aCes, cati°n' 'of proper~y :' corn8? ' of Haywaters and Old Menhaden Ho~ds.'Map of Nassau PoJr~t: Club Properties No. 806. Sect/on D. Lo~ No. 37.¢. Cutchogue. New York. bounded nurU~ by Oki Me)xhaden Road. (,as~ by P. J. George so~tb by Geo H' Starkie, 8:00 '~. M.. (ED~), upon ap~ cation of Charles ~ivolfa. O~e rule Lane. M'aitiiuck. New York. for a vnr/auee in accordance with the Zoning Ordinance, Article '~I~ Rectiol~ 3f~0. Subseci'iou iory buiid~n~ in-front Xars: ~r Location of propert:y: west side of Oie rule Lane, New York. bounded nm'th by Zebros~. eas~ by Ole ,rule I,ane. south by Salvinu Zahra. r.:e~t deP ~rd. Jr.. I~'lshe~ New York. ~or ~ v~t~ee t~ nance, Article IlL Section 300,., Su~ection 6, and Ar[icle Vii, Section ~03, for per~ssion loca~ accessor~::~ilding in fron~ ~shers Isl~fi~"m:~S~ares.' ~ishe~s ~land, New YOrk, bounded north by P. I..Develop~en~ Corp., 'east by p~Svate road, sdu~h by private ~oad, wes~ by Agnes Noyes ~ers C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG iSLAND TP~AVELER - MATTiTUCK WATCHMAN, a public news-. paper printed at Southold, in Suffolk County; and that the notice 6f which the annexed is a printed copy, has been published in said Long Island Traveier-Mattituck Watch- man once each week for ..... ,~. ~,~:~.... ~..ZZ weekf' successively, commencing on the ........... ~.' .................. day of .... ,......~~ · . ......... : .................. ;-.: ......... ............ Sworn to before me this ........... ~.. ......... day of ............ ........ ADELE PAYNE Notary Public. Sta'e of ~',/ew Yof'~ Residigg m Su,ffolk County No. 52-3041000 Commissian Expires March 30. 1971 8:~-0 P. M. (EDST,, upon apph- cation of Mattituck Lions Club. .Mattituck. New York, for a spe- cial exception in seem'dance with ~he Zoning Ordinance, Article ~', ~ction 408. for permission to erect an off premises information sign on the property of ,f Duryee Estate. Loenl:ion of property: east side 0f ~ve Lane, 'Mattituc~ New York, bounded north by Pike Street, east 'by Lutz & Long, south by W. H.-Drum Estate, .w~t 'by Love Lane. Any. person desiring tc be heard on the above ap~licat, ions ~Ould appear at the lime and p~ce s~cified. Da~ed: August 21, 1969 BY O~DE~ OP. ~E ~ ~OLD ~TO~ BOARD OP APPEAL5 ~F,ORM iNO. I TOWN OF SOUTHOLD BUILDING D~ARTMENT TOWN CLE:RK'S OFFICE SOUTHOLD, N. Y. Examined .................... , 19 .... Appr~oved ' ,19 .... Permit No. ................... Disapproved a/c .................................................... Application No ................. (Building Inspect, ar) INSTRUCTIONS a. This application must be completely filled in by t Ype~vriter or in ink and submitted in duplicate to. the Building Inspector. b. Pl, ot 'plan showing location ,of ~t and o,f buildings o n premise.s, relati~o~nship to a,djoining premis.es ,or public streets ,~r areas, .and giving a detaile,d description of lay Out of property must be drawn ,on the diagram which is part .of this application. c. The work cove:red by this applicat~an may not b e commenced before issu.ance of Building Permit. d. Upo.n approval of this applicati, an, the. Building In spector will issue a Building Permit t,o the. applicant. Such permit shall be. kept ~n the premises available for inspection through,out the progress ,of the w,ork. e. N,o building shall be .occupied or used in whole o r~ in pa'rt ~or any purpose w.hatever until a Certificate Occupancy shall have been gran~te.d by the Building Ins pec~ar. APPLICATION IS Ht~P~EB¥ MADE to' the Building Department for the issuance of a Buff,ding Permit pursuant ~o the Building Zone Ordinance of the T~own of S,o~uthold., Suffolk Oo.unty, New ~Sgrk, and other ap.plicable LaWs, O~dinances ,or Regulatfo.ns, for the co.n:structio.n .~ build fngs, additions or alterations, ~ar for removal or demo- lition, as herein described. The applicant agrees to co.m Ply with .all applicable law~s, ordinances, building code, h,gusing code, an, d regulations. (Signature ,o{ .a,pplicant, or n~m.e if a eo.rp,oration) (Address of applicant) State whether applic'a:nt is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or Name .of owne.; of premises... ~~..~..~..~..~..~ .......................................... If applicant is .a corp:o~ate., signature .of duly auth, orized ,~ficer. (Name and titl. e of corpo~rate officer) 1. Locati. on ~of lan,d ,on which pr(~p,ased w,ork will b e done. Map No ................. Lot No. ~...~. 2.~. ..... Street and Number .... ~.~..~.%r:~. .... ...... . .~.~ .~...~.~.'~:% ~ Municipality 2..State existing use and ~accupancy ,ofr~premis~dky~~'~' ~ ~.~nt~nded_l~ use and occupancy of proposed eon.struction. a. E'xisting use and occupancy ..... ~..~f~ ....................... .... , ................. b. Intended use and ,oceupa.ney .. ~ ~~ .~~. 3. Nature o£ work (check which applicable): New Building ........ Additi,o;n ........ Alteration ........ Repair Removal ........ Demoliti,on ........ Other Work (Describe) · 4. Estimated Co.st .... D.D. ©.3 ............... Fee (to be paid ,on filing this applicati,on) 5. If ,dwelling, number of dwelling units .......... Number ~of dwelling unit,s ,on each floor .............. If garage, number ,of car's .6..c~.~,~.. 6. If business, co,mmerciaI ,~r mixed occupancy, spec ify nature and extent ,of each type of use .............. 7. Dimensi~o.n.s of existing structures, if any: F~nt .............. Rear ............. Depth ............. Height ................ Number of Stories Dimensions of same structure with .alter. ati,ons .or additi.ons: Front .............. Rear ..... , ......... Depth ................ Height ................ Number of S~o,ries ..... ;... S. Dimen~sions ,o.f entire new constructio.n: Fr~nt -~ He~g.ht ...~...; ..... Number ,of S~o,ries .../. ........................................................ 9. Size of 1.or: Front ................ Rear ............... Depth ............... 10. Date of Purch. ase ............................... Name ~f Fo,rmer Owner .~Q .,~..% .................. 11. Zone ~r' use .district in which premises are situated . 12. Does pro.po,sed construction violate any z3ninglaw, .ordinance .or regulati,~n 13. Name .of Owner.of premises ~ ~x'~4~ .~L~.~. Address ~r.2~'x~ ~ ~ ~i~~-' ~J~'--'-' '5'_ ............ Name of Architect., ............................ Address ..................... Ph~ne No. PLOT DIAGRAM Locate clearly and distinctly .all buildings, whether .existing ,o.r 'proposed, and indicate all set-back dimensi,ons from pr.o,perty lines. Give street and bI~ock number ~r de script~on according to deed, and show street names .and indicate whether interior ~or co,rner 1,ot. STATE; OF N~W Y~RK, ~, ........ ~.. ~k~.~~. ~'~~~" ~ ~----" m .............. being duly swo~n, ,deposes and sa~s that he is the appli- (Name ,o~ individu~al~signing applicati, on) cant 'above named. He is the ..................... o~ said ow~e~ ~or ~owpe~s, a~,d is d~]~ a~tho~ed ~o pe~,~ o~ ~a~e pe~o,~med t~e said w,~k file t~s a~Ho~ti,~; t~ aH statements oo~tai~ea i~ t~ ~s app]ieafi, o~ ~e, t~e to t~e bes~ .... ?f · ~. ........... Oounty ~ v ( g , of apphcant) ~ot~ ~ubiiu, State cf ~,[e';:r ~o. 52-0928880 ~l~fied in SuH>Ik Term expizes ~rch 20, 19 APPEAL TO THE ZONING BOARD 0F APPEALS New York~ Appellant Street and Number ~-~. ~k HEREBY APPEAL TO Municipality Sta THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON aPPLICATION FOR BUILDING PERMIT N0, DATED ~,..~.! ~ I~ ~ 19 ~ '~ . WHEREBY~'~ THE BUILDiE~ INSPECTOR (~/) DENY To Name of .Apoiicant for per ' Street and Number Municipality ( ) A PERMIT TO USE ( ) g PE~IT FOR OCCUPANCY ( ) A TEMPORARY PERMIT OR EXTENSION THEREOF ( ).~ A CERTIFICATE~(OF EXIS~ING~USE Street ~ N~ber ~se District Map 2, PROVISION(S) 0F THE ZONING ORDINANCE APPEALED (Indicate the S'tat~ on Zoning Article section~ subsection and paragraph of the Zoning Ordinance being appealed by number Do not quote the Ordinance.) ~" 3., TYPE OF APPEAL Appeal is made herewith for ( ) An interpretation of the Zoning Ordinance or Zoning Map ( ) A special permit ~der the Zoning. Ordinance or Zoning Map (~) A variance to the Zoning Ordinance or Zoning Map ( ) A temporary permit ~, PREVIOUS APPEAL A previous appeal has .~ =ot respect to this decision of the Building Inspectbr or with respect ~o this property, Such appeal(s) was ( ) a requested interpretation (,~.) a request for a special permit .~0) a request for a variance (~') a temporary permit and was (were)made in Appeal No .................................................. dated 19. _ Appeal No ......... dated.~ . 19. Appeal No ............................................. dated_ 19~ Appeal No ......................................... dated 19~ REASON FOR APPEAL (Complete re%evant bl~nk,~' Us~ extra sheet if necessary, (a) INTERPRETATION OF THE ZONING ORDINANCE IS REQUESTED because (b) A SPECIAL PE~IT UNDER THE ZONING ORDINANCE IS REQUESTED Pursuant~ to Article Section Subsection ~ .~Paragraph (c) A VARIANCE T0 THE ZONING ORDINANCE IS REQUESTED FOR THE REASON (1) STRICT APPLICATION of the Ordinance would produce ~DUE HARDSHIP because (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 , REASON FOR APPEAL (Con't.) (3) The VARIANCE would observe the spirit of the ordinance and would NOT ,CHANGE THE CHARACTER OF THE DISTRICT because: (d) A TEMPORARY PERMIT IS REQUESTED because: (e) EXTENSION TO A TEMPORARY PERMIT IS REQUESTED because: STATE OF NEW YORK) ~ c) SS com ? ) Swo. l~t~ day of [~x~/ 19~ LUCY J. AH~ Ne~e~ Public. Stc~e of New Yozk No. 52-0028880 Qualified in Suffolk Coun~ ~ . Tezm expkes M~zch 30, 19 Signature 9ea~ Girt The Board of Appelas approved the loeation of George Lor~ garage as applied for, Xindly for~ax~ a $ ~.00 fee so that Iean issue the building pelmit for la~ and get this aatte~ eleared up, '~ou~s trul~ Bulldiag ln. peeto~ ( FORM NO. $ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. ORDER TO REMEDY VIOLATION (owner or authorized agent of owner) .. F. iaher~ .l,la~r 1~,¥., .......... ; .... (address of owner ,or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance Art III see 300- ~b. 6'& 'Alt 'T'H see ?03 Other Applicable Laws, Ordinances or Regulations .................... at premises hereinafter described in that ... ~. &0OSSSO~I..b~t~l~. hal..bsela, b~[lt (state character of violation) .. ln..the, fraut, yard. area .wi.thout. a. permit, o~. ~arXane~. f~o~ ~oa~l. of Appeall in violation of AI'.~ .ILX.. ace. 300..sub .6. & .Art. gll..seo .703. Of -l~Xld~f. so~e ox, dXnan- (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the ]aw and to remedy the conditions abo~e mentioned forthwith in or before the ........ ~: ............ day of ......... A11~la~.~ ........... 19.69. The premises to which this ORDER TO RE1VIEDY VIOLATION refers are situated at ].lat®l'l~ot~ pi'iV..a..~...l~..a..~.~.,..F.:.~.e~$.~.lk~.~.lt,. ~.,l.e ...... County of Suffolk, New York. lot36-3 & 36-~ origXnal map P,I,Eltatel, Failure to remedy the co,nditi~)ns aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. .... ui din~ ' !~pector~~ .......