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· ows OF souxao~v, NEW YO~ DATE -~a~....~.4, 1968
Appeal No. 1167
ACTION OF ~ ZONING BOA~ OF APPE~L8
Dated March 5, 1968
ACTION OF THE ZO~NG BOARD OF APPEALS OF THE TOWN OF SOUTHOLD ~ 3 ~'
To Ora Scheer s Appellant
Bay Avenue
Cutchogue, New York
at a meeting of the Zoning Board of Appeals on ~hursd~y,
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
iX ) Request for a variance to the Zoning Ordinance
( )
March 14, 1968 the appeal
1. SPECIAL EXCEPTION. By resolution ~ the Board it was determined th~ a spee~l ~cept~n ( ) be
~anted ( ) be denied purs~ to Artic~ .................... Se~n .................... Subse~on .................... paragraph
.................... ~ the Zoning O~inance. ~d the decis~n of the Buildi~ Insp~ctor ~ ) be r~ersed ( ) be
conf~medbeeause 8:00 P.M. ~.S.T. ), Upon application of ora Scheers,
Bay Avenue, Cutchogue, New York, fo~,a variance in accordance
with the Zoning Ordinance, Article III, S~cti0n 305, for per-
mission t? reduce front yard ~etback., Location of propertY: east
side Bay Avmnue, Cutchogue, New York, lot number 109 in Nassau
Farms.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardshin because
practical d/fficulties or unnecessary
SEE REVERSE
(b) The herdshin created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the imine~f~ite 'vicinity: Oi this'pr6Pert~ *arid ~i~ the sfime u~ df~t~lct' because
SEE REVERSE
(c) The variance (does) (doe~ 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 reques%ed variance ( ) be granted ( ) be denied
and that the previous decisions of the Building Inspector ) be confirmed ( ) be reversed.
SEE REVERSE
FORM ZB4
Barbara C. Dittma~, Secretary
After investigation and inspection the Board finds the .
applicant requests permission to erect an addition to an
existing dwelling in the front yard area with insufficient
front yard setback. The applicant's house presently sits
back 68 feet from T/~e road. 'The proposed addition of 12 feet
w~d reduce this setback to 56 feet. The Board finds by
investigation the average setback of Seven hous'es on the
block in question is approximately 93 feet; the average
setback of six houses on the block is approximately 75 feet;
the average setback of. five houses, t~, o ,..°n ~c? oSide of
the property~nquest~on,J' - is 77 feet. The Board po'intS ~ut
that the prop°Sed~ addition would reduce ~the average setback
on this block substantially and would violate the purpose
and intent of the Zoning Ordinance.
The Board finds that strict application of the Ordinance
will Rot produce practical difficulties or unnecessary hardship;
the hardship created is not unique and would be shared by all
properties alike in the immediate vicinity of this property and
in the same use district; and the variance does not observe the
spirit of the Ordinance and will change the character of the
district.
THEREFORE, IT WAS RESOLVED: Ora Scheers, Bay Avenue, Cutchogue,
New York, be DENIED permission to build an addition to an existing
dwelling and reduce the front yard setback on property located on
the east side Bay Avenue, Cutchogue, New York, lot number 109 in
Nassau Farms.
NOTICE OF HEARINGS
Pursuant to Section 267 of the Town
, Law~ and the provisions of the amend-
ed Building Zone Ordinance of the
Town of Southold, Suffolk County,
~ New York, public hearings will be held
i by the Zoning Board of Appeais of
i the Town of Southold, at the Town
Office, Main Road. Southold, Neg
York, on March 14, i968, on the follow-
i lng appeals:
7:30 P. M. (EST), upon application
of Armando Cappa, Main Street,
Southold, New York, for a special ex-
ception in accordance with the Zonin~
Ordinance, Article IV, Section 408
Subsection B, for permission to
~ain a second ground sign. Location
property: south side Main Road,~
Souihold, New York, bounded north:.
by Main Road, east by J. A. Polywoda,
south by J. Warnaka, west by right
way.
7:45 p. M. (EST), upon applicatiol~
of Goldsmith's Boatshop, Inc., Mail~
iRoad, Southoid, New York, for a
~special exception in accordance with
I the Zoning Ordinance. Article iV, Sec-
tion 40S, Subsection A, for permission
:to erect a ground sign with excessiw
height. Location of property: south
side Main Road, Southold, New York~
bounded north by Main Road, cass
by Sledjeskl, south by Peconic Bay,
w~t by Mill Creek.
8:00 P. M. (EST), Upon application
of Ora Scheers, Bay Avenue, Cutoh-
ague, New York, for a variance in
accordance with the Zoning Ordinance, '
Article IH, Section 305, for permission
to reduce front yard setback. Location
of property: east side Bay Avenue,
Cutchogue, New York, lot number 109:
in Nassau Farms.
, Any person desiring to be heard on
the above applications should appear
at the time and place above specified.
DATED: MARCH 5, 1968
BY ORDER aP THE SOUTHOLD
TOWN BOARD O~ APPEALS
COUNTY OF SUFFOLK ~ ss:
STATE OF NEW YORK J
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-Mattituck Watch-
man once each week for ..... ~.~'~..,~.~ ..... week~
successively, commencing o the .............. ~ ....................
day of .......~.~..~...~.~.~.~ ......... , 19.~...~.~
C'
Sworn to before me this .......... ~ ........day of
....... :
................ ~:'"'"'" 'Notary Public ~/
ADELE PAYN~
LEGAl. NOTICE
Notice of He;~rings
Pursuar~t to Section 287 of the
Town Law and the provisions of
the amended Building Zone Ordin-
ance of the T~)v~ of Southold, Suf-
folk 'Co.u~ty, Hew York, public hear-
lng will be ~held by the Zordr~g
Board of Appeals of the Town of
Sou~hold, at the Town Office, Main
Road, ~Soutkold, New York, on
March 14, 1968, on the followJmg ap-
7:30 P.M. (E.S.T.), Upon appl~ca-
tic~u of Armand0 Cappa, Main
Street, Southold, New York, for a
special exception im accordance with
fhe Zoning Ordinance, Article IV,
Section 408, Subsection B, for per-
missiou to re~a~ a second groundI
sign. Location of property: south:
skle Main Road, Southold, ~Tew
york, bounded north by Mmin Road,
east by J. A. Polyweda, south by
J. Vv'arnaka, west ~by right of way.
· 7:45 P.M. (E.S.T.., Upon applica-
tion of Goldsmith's Boatshop, Inc,
Mai~ P,~ad, Southold, New York, for
a special exception in accordance
w£th the Zoning Ordirmnce, Articlei
~ IV, Section 408, Subsectiom A,
I permission to erect a ground sign
!with excessive height. Locaticm of
! property: south side Main Road,
I Southold, New York, boundec} north
by Ma.in Road, east by Sledjeski,
south by Peconic Bay, west by Mill!
Creek.
8:00 'i~.M. (E.S.T.), Upon appli-
cation cf Ora Schcers, Bay Avenue,
Cutchogue, New York, for a vari-
ance im accerdmnce with the Zoning~
Ordinance, Article III, Section 305,
for permission to reduce front yard
setback, Location of property: east
side Bay Avenue, Cutchogue,
York, lot mumber 109 in Nassau
Any person desiring to be heard
on the ebove applications should ap-
pear at the time and place above
specified.
DATED: MARCH 5. 1968.
BY ORIYF, R OF THE SOUTHOLD
TOWN BOARD OF APPEALS
ltM8
COUNTY OF SUFFOLK, ]
~TATE OF NEW YORI~, ~ ss:
says that . **~** '.. · is Printer and Pu~Hs~er of ~e SUFFOLK
WEEKLY TIMES, a news~per pubUsh~ ~t Greenport, in s~d
county; and ~at the noti~. ,of which ~e ,~nexed is a printed
~py, ~s been published in the said Suffolk Week~ Times
once in each week, for ........ ~ ............. week~
successively c~mmencing on the .. ,~/~ ...........
TOW~ O~ SOUT~OL.D, ~W
APPEAL FROM DECISION OF BUILDING INSPECTOR
//(= ~7
APPEAL NO.
DATE
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (~J[~ ,...~ ....... 0=8,.. S~Ae~S ........................... of .............. 3~t..AV~t~ .....................................
Name of Appellant Street and Number
Municipality
............. .~..¥.~ ..... HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ..... F~b.~..U&~,~..21~,~....1.~8. ......
WHEREBY THE BUILDING INSPECTOR DENIED TO
....... .th~..a]9~lA=ant ..........................................
Name of Applicant for permit
of
( )
Street and Number Municipality State
PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ........ ,~.~ .A~..~.I~.~.~.,.~.~.¢~.~.~. ........................................
Street Use District on Zoning Map
Z.~.7.~....-....N~.~.~..~..~. ................... lf}~ .........
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 quote the Ordinance.)
3. TYPE OF APPEAL Appeal is made 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 ~(has not) been made with respect, to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for o special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR, APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
is requested for the reason that ,[ newel tO r~¢~ the ~ro~t ¥~:~ S~'t~-~.
Form ZB1
(Continue on other side)
REASON FOR AppEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because All t~e hOt;l~S O~ ~ ~ O~ ~ ~~ ~G
O~ ~e h~ ~S ~=h ~at ~ ad~t~ could not ~ ~s~u~=te~
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 ::~:
t~e OppOSite S~de of the strut C~ not ~ use~
~r~es. It ~s a small strip of waterfront
~. The Variance would observe the spirit of the Ordinance and WOULD
CHARACIER OF IHE DISIRICI because ~$ will still ~ a one ~ly
res~nce. I also =~n ~ vacant lot to ~e nor~
~ro~rty in que~tion~ I have $~en to ~e nei~bors
STATE OF NEW YORK )
)
COUNTY OF Suffo~ )
SS
Sworn to this ............. .~..~...~. .......................... day of ............. ~ ............................... 1968
~ORi~I NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, hi. Y.
Examined ........................................ 19 ........
Approved ........................................ 19 ........ Permit No ...............................
Disapproved a/c ..............................................................................................
Application No .............................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
--
INSTRUCTIONS
a. 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 location.
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 grante,d 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 a Iterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ord inan.c,,es~and regulations.
// ,,
(Signature of applicant, or name, if o corporation)
(Address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
.................................................. .............................................................................................................
Nome of owner of premises ........ ~~..~.. .........-~.'K~-_.~...,~.~ ......................... : ......................................................
If applicant is a corporarte, signature of duly authorized officer.
(Name and title of corporate officer) '~r_~,~,,~~ ~-~,c~~'
1. Loca~tion of land on which proposed work will be done. Map No: ..' .......... ~,./...~.'.~.., ...........Lot No: .~.6....~.......~...
Stree~t and Number ......................... ~.~.D~-.~.~..~.. ..... ~.~?'~ ..... · ~'~~~~ ....... :/''~:'''~''' .............
/ Municipality .~
2. State e)~is'~'ing use and occupancy of pr, cruises and ~nte_~/n/_~_~=~and occupancy of proposed construction:
a. Existing use and occupancy ............ ~~ ~. · .-. ,~. · "f:~~' ;~'~'¢'~"~ .......................
b. Intended use and occupancy .................................. :.),~~ ..........................................................................
3. Nature of work (check which applicablel': New Building .................... Addition ...... ~ .......... Alteration
Repair ....................R~.,~oval .................... Demolition ........... Other Work (Describe) ....................
~4. Est mated Co~t ~ ~-~,~ r__ ~ , ~
(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 cars .................
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use: .............................
7. Dimensions of existinfl structures, if any: Front ........ ..~.~!..~ ........... Rear ........~.~..~..~. ......... De~th ..~...Z ..............
Height . ./..~'. ' · ..
...................... Number of Stories ............. ~ ........................................
Dimensions of same structure with alterations or additions: Front ........ :~...~_'_~..' .... Rear .... ~'.~.C..~.~.~. ............
Depth .......... ~?..~. ............Height ..... .~..~...~ ................ Number of Stories .... ~.z. ............ ' ....
8. Dimensions of entire new construction: Front ............................ Rear ............................Depth ............................
Height ............................Number of Stories ............................
9. Size of lot: Front ....... .~.~..~.. Rear ...... .7..~.:~ .~..~T .... 'Depth .o~.~..~. ......
10. Date of Purchase ..... ~.~..,~..~_ .... .~.~..~...~...~.I ......... Name of Former Owner ........ ~ ....
11. Zone or use district in which premises are~ situated ........ ~: · . ................................................
12. Does proposed construction~ate an~A-~zoning law~ ordinance or re~ulation~ _
13. Name_.af Owner of prem~s~ .... :¢~.~oAddress ..~-~ .................. Phone N o.~_.~...(...~.
Name of Architect ............................................ Address ............... ' ............................. Phone NO .....................
Name of Contractor...~~..~~.:.Address
........ Phone NO. ~.~..V..~.~.~..~-~
PLOT DIAGRAM
Locate clearly and distinctly aJJ buildings, whether existing or proposed, and indicate all set-back dimensions from
property lines. Give street and block numbers or description according to deed, and show street names and indicate
whether interior or corner lot.
STATE OF NEW YORK, S S.
COUNTY OF ............................ )
................................................................................................. being duly sworn, deposes .and says that he is the applicant
(Name of individual signing application)
above named.-He is the ..................................................................................................................... .................................
(Contractor, agent, corlborate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make 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 forth in the application filed therewith.
Sworn to before me this
........ day of ..~:~..~'..~t~c~t~.~.:~.::,~:~':~: - ~ (Signature of ap~icant)