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Home My WebLink About1082 TOWN OF $OU~HOLD, NEW YOEK ACTION OF THE ZONING BOAILD OF A~PEALS ApDeal NO. 1082 Dated April 5, 1967 ACTION OF TPIE ZO/~INO BOA~%D OF APPEJaL~ OF THE TOWN OF SOUl, tOLD William Wickham, Esq. a/c Herman W. Johnston T0 Main ~oad 286 N. Ocean Avenue Mattituck, New York Patchogue, New York 1967 Appellant at a meeting of the Zonhug Board of ADpeals on Thursday, April 27, 1967 was considered and the action indicated ~el~w w2~ take.n on your ( ) Reguest for variance due to lack Of access to property ( ) R~que~t for a specla! exception under the Zonhng Ordinance (X) Request for a variance to the Zoning Ordhlance ( ) the al~eal 1. SPECIAL EXCEPTION. By resolution of the Board It was determined that a special e~ceptlon ( ) be granted ( ) be denied pursuant to Article ............... Section ................ Sub~ection ................ D~rsgraph ............... of the Zoning Ordinance, and the decision of the ~u~ldlng Inspector ( ) be reversed ( ) be confirmed because 8:00 ~.M. (E.S.T.); Upon application of William Wickham, Esq., Main Road, Mattituck, New York, a/c Herman W. -Johnston, 286 N. Ocean Avenue, Patchogue, New York, for a variance in accordance with the Zonihg Ordinance, Article III, Section 303_, Article X, SectiOn 1000A, for permission to divide property. LoCation of pro- perty: north east and north west sides Ha~waters Road, Nassau Point, Cutchogue, New York, lots number 13, 14, 15, and 22 in Peconic Bay Properties subdivision. 2. VAP~IANCE. By resolution o9 thc B~ard it~was determined that (a) Strict application of the Ordinance (would) (w0~ld not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike ~n the immediate vicinity of this pro~rty and in the same use district because SEE REVERSE (c) The variance (does) (doe~ not) observe the spirit of the Ordinance and (would) (~ould not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that tho previous decisions of the Building Inspector ( ) ~e corffirmed ( ) be reversed. ~ ZB4 After investigation and inspection the Board finds that the applicant requests permission to divide property. The Board finds that the applicant is increasing the size of all the property involved in the application. The Board points out that no structures may be erected on the property set aside for access to Haywaters Cove. In General, the Board is in agreement with the reasoning of the application. The Board finds that strict applieation of the Ordinance will produce practical difficulties or unnecessary hardship; the hardsb3p created is unique an~'~°~l~ h6t '~e shared by all p~operties ~like in the i~mediate vlclnlty of ~his pr°Per~ and in the same use distr~ct; and t~e variance 'does observe 'the sPirit~6f-the ~Ordin~6~ and Will'not change the character of the distri6t. ? Therefore, it 'was 'RES6LVED William~ickham, Esq., Main Road, Mattituck, New York, a/c Herman W. Johnston, 286 N. ocean Avenue, be granted permission .to divide property located on the north~n~ north west sides Hal;waters Road, Nassau Point, Cutchog~e, New York, lots n~mber 13, 14, 15, and 22 in Peconic Bay Properties, as applied for. ] ~'~..~. .......... being duly Sworn, :et and Publi-~her' of //he SUFFOLK ma~ain 1 ~per published at Greenpeirt, in of which the ~nne~ed is ~ printed ~de-K~ng Street, in ~he s~aid Suffolk Weekly Times .4~ ............. week~ ~uth b~ ~t~m a,~d, Ori,ent~ ~ar- [ o!. Edn~ Main:'~ LAW OFFICES WILLIAM WlCKHAM MATTITUCK, LONG ISLAND NEW YORK 119~2 51e MA 9-8353 April 5, 1967 Zoning Board of Appeals Town of Southold Southold, New York Gentlemen: Re-' Property of Herman W. Nassau Point Johnston We enclose Application for a Variance to the Zoning Ordinance,together with our check for $5.00 to cover filing fee, for your consideration. WW/as encls. Very cordially yours TOWI~I OF SO[JTHOLD, HEW YORK APPEAl_ FROM DECISION OF BUILDING INSPECTOR ~) ( ) ( ) ^~^, ~o. i ~^m~...~.......c,./.~.~ ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1,~ .~...~..~.~$.~...m...i.'q..~..q~.~..~...~. ......... : ................. of ..~,~..¢;.'J,.~."cZC.~.,...~.~.~I...~.Q~.,...,f.¢~:~....-~ ..... acco~mt o~ Name of Appella,nt · ~.~g~..~....~.~.~.~.9~.,...~.~..~...~.~.~..A~.~.~ ~[~O~.~HfiR[SY AP~[Ak ZO ~~ State · ,~ zo,~,~ ,o~ o.~ A~s ,,o~ ~,.~ ~,c~s~o, o, ~,, ,u~,~ ~NS,~C~O~ O, APPLICATION FOR ..................................... ~ ..... ~ ...... &...~.~..~... PERMIT NO WHEREBY THE BUILDING INSPECTOR DENIED TO ..... .... .................... M~me o~ Applicant for permit ..... ~;;;~'~;T'~;;~;'; ........................ ~'~';'i~¢;i~[~ .................... ~;~; ....................... PER~IT TO P[RMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY N.../...E....a~.n...d..~..N../.~..s..i...d..e~..~.~..H..a.~..a..t...e..r...~.~.~:i...~...a..d. ............. Nas,~a~ Po±n¢~ 0utohogmxe~ ~T,~. Street Use District on Zoning Map "P.e.c. ozzi.c...Bay...P~o.Der..tiem_Fl~u ~8~,~ Parcel i - Part of T.ot lZ~ and southerly Map No. ' " ~Lot~.' ..... }i~lf of Lot 15; Parcel 2 - Dot 13 and po~tJ n~ _~ T~ot -1-¢_;__P~_~?~e~:~- ct D2. 2 P~ROVISION (S) OF TH~D1NANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Artio~le ITI~ $~Of~On 303 ~.~d_ _~_rtio!e ~ 8~e-t~o~ lO00A 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordin.ance 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 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 (X) A Variance to the Zoning Ordinance ( ) is requested for thereason that Parcel I a~c-L the ~o.rtlqerly ~5 £eet o£ Parcel 3 are under contract of sale sub, eot to the approval of the Board of Appeals. The northerly 25 feet of Lot 22 are to be used only for access to Haywaters Cove. The center 25 feet of Lot 22 are to provide access to Haywaters Cove for Parcel 2. The southerly 25 feet of Lot 22 are to become part of Lot 23. ~orm ZB~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP~ because the lots on the northwest side of Haywaters Cove have a frontage of 65 feet on Haywaters Road. By taking 2-1/2 lots and making them into two lots, Parcel i then has a frontage of 76,10 feet~andParcel 2, a frontage of 71.~ feet. ~.The two~25'foot strips Will be~ ~sed merely for access to Haywaters, Cove by the 'owners of Parcel I and Parcel 2. ~_ 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 beoa:use the frontages on Haywaters Road will. be~ increased over ~theI normal lot size of 65 feet. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DI.STRICT because the change, if an:ything, will be an improvement to the area. STATE OF NEW YORK ) · -, _ . ) .ss ~ignature COUN~ OF--Suff°lk ) ' William Wickham ' SWOmi~'~hiS .... 'ii.'i! .... ~....?'.'~ .......... ,..,....,... daY of .~.~.Ail Zi.,,'M:.:... :... 1967