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HomeMy WebLinkAbout1050 TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF A~PEALS Appeal No. 1050 Dated January 21, 1967 Howard C. & Matilda Bigg Hap-waters Road Cutchogue, New York DATE, .F. eb...16., 1967 Appellant at a meeting of the Zonhug Board of Appeal on Thursday, February 16, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request roi' a special exception under the Zoning Ordinance Qf) Request for a variance to the Zonin~g Ordnance ( ) 1967 the appeal 1. SPI~CIAL EXCEPTIONi By resolution of the Board it was determined that a special e~ception ( ) 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 becatme 8:00 P.M. (E.S.T.), UPon application of Howard C. and Matilda Bigg, Haywaters Road, Nassau Point, Cutehogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sectinn 303,'and Article X, Section 1000A, for permission ~.~ to set off a parcel of land with insufficient frontage and area. Location of property: north east side Haywaters Road, Nassau Point, Cutchogue, New York, lot number 27, Peconic Bay Properties, Inc. 2. VARI~NCk. By resolution of the Board it was determined that (a) Strict appiiCation of the Ordinance (would) (would no~) produce p~acticaI d~fficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties ali,kc in the im~nediate v~cinity 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) (~'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 the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FOR2J ZB4 ZONING BOA:RD OP APPEALS Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the applicant requests permission to set off a parcel~ land with insufficient frontage and area. The parcel of land is to be thirty feet on the road and will be used for access to Ha~waters Cove. The Board is in agreement with the reasoning of the application and points out that this variance will improve the waterfront area. The Board finds tha~ strict application of the Ordinance will produce practical d~fficulti~ Or'u~heeessary hardship; the~hardship created is unique and would not'be shared by all properties alike in the immediate viCinitY of th~s property and in the, same usedistrict; and the variance does ob-~e~ve the spirit of the-Ordinance and will not change the character of the district, - Therefore, it was RESOLVED that Howard C.'and Matilda Bigg, Halrwaters Road, Nassau Point, Cutchogue, New York, be granted permission to set'off'a parcel of land with insufficient frontage located on the north east side Haywaters Road, Cutchogue, New York, subject to the following conditions: 1. The new owner shall not erect any structure on this property that has been set off. This does not preclude bulkheads or docks. Notice of He,rings Pursuant to ~ection 267 of the ~ L~w and the Brov~lo~ of the ~e~ed B~ng Zone ~- ~ of the ~wn of ~u~old, Suffol~ C~ty, New York, pubic hea~ will be held ,by ~e Zo~ng B~rd of A~ah of ~e Town of South~d, at the Town O/rice, Main ~, Southold, New York, on Feb~ry 16, 1~, ~ ,~e fo~ ~als; ~:30 P~. (E.S.T.), Pursuan~ ~t~n ~, su~tv~ion 6 of the ~wn ~w of the S~ of New York, o~ ~e Boar~'s motion, a rehe~ing on Ap~l numar 1006, ~n a~li~io~ of KyrHl~ Char- ~bid~, 1550 ~ntral Drive, ~tuck, N~ York, for a ~ariance in t~k, N~ York, for a varia~ in ~ wi~h ~e ~o~ng d~a~, Article III, ~tion 3~, ~u~tion 6, Art~le VH, ~ction 7~, for ~issi~n ~ retain an ~o~ b~lding in ~e front ~d ~ea ~cation of ~roperty: nor~ s~ ~nt~l Drive, lot ~r ~9, ~ C~t. Ki~ Es~, ~t- tiL~k, N~ York. ~:~ P.M. (E.S.T.), U~n app~- c~tion of John B. Griffin, 36 Bal- timore Ave~, Ma~equa, New wi~ the Zoning O~d[~a~e, Arti- cle IH, ~ction 30~, for ~rmi~ion ~ co.ruer a dwell~g w~th sufficient side yard area. tion of p~o~rty: east s~e Knoll- wood Lane, Ma~titu,ck, New York, bounded north by Wallace ~n- sell, east by Salvatore Sir&cusano, ~outh by l~d now or fo~erly ~ax and Bet~y Lowenhazdt, by Kncllw~d ~ne. 8:~ P.M. (E.S.T., ~pon appli- cation of Howard ,C and ~atilda ~igg, ~aywa~ens ~ad, Nassau Point, CuM~o~ue, New York, for a ~aria~ce in a~o~dance with the ~on~g ~dinance, Article III, Sec- tion 303, and Article X, Section i~JA, for ~rm~asion to set off a parcel of l~d with i~uf~clent iron.ge and area. Location of ~operty: north eas~ side Haywa- ,~rs Road, N~au Point, Cutch- o~e, New York, lot number Peconic Bay Properties, Inc. 8:10 P.M. (E.S.T.), Upon a~li- ~tion of W/lh~ B~, New Suf- folk Lane, Cu~ogue, New York, for a recognition of ~cess in ac- ~rda~ with the State of New y~k Town ~w, Section 280 A. ~at[on of property: ~uth side Wil~n La~ing and Wi~on ~, Catoho~e, New York, bo~d~ nor~ by W~l,~on. Landi~c, e~t by ~d of ~pplicant, s~uth by land of ~ler, west by Eugenes Creek. 8:20 P.M. (ES.T.), Upon appli- ~tion of Lefferts P. E~n, ~., 51755 ~ain Eoad, Sout~td, New ~ork, a/c M~Y ~iz~th ~ch~ and Others, for recog- nition of ~cess in a~o~d~e with the Sta~ of New york ~own Law, ~ction 2~A. L~t~on of pr~r- ty: ~'i~a~ right of way off east ~de ~x Neck ~, Mattituck, New york, ~ded north by let's ~gh~ of Way, e~t by ~eor~e A. H~mo~d, ,south by Mattit~k Cr~k, west by land now or for- merly of W. H. Werten~r~ side 1VLain Boo,l, -~e~poI% NewI York, .bounded no~h by J. Brai, [ ~t by A. St~er, ~uth by[ ~ain ~, w~st by ~;~ 3) ~ dir~tional sign on the no~h ~ east s~e Ma~ ~ ~ ~u ~'" Ave~, ~, New York, [, , j i~u~ded ~h ~y C. E. ~, [ e~t by ~ex Ko~, ~ by[ · ~. ~. ~...~.'.~. ~ing duly Sworn, ~ain ~, w~t by ~u Ave-, 9:~ P.M. (E~,T,), U~ ~-~rinter and Publishe~ of ~e SUFFOLK cat~n of Pe~r ~11, ~c, ~ West 1~ Strut, ~u~i~ S~tion, ~s~per publish~ ~t Greenport. in , i ci~ e~eption ~ ~ with I ,.~ in the ~id Suffolk Week~ Times the Zonin~ ~d~ance, A~lele V, ~rm~n ~ r~in ~ ~le si~n ................. ~it& ~s~fficient seth~k fr~ the ng on the .. ~ ~..~.~ .~;~ ............ p~rty line. ~tion of e~y: no~h side ~n ~, ~- lent, New York, ~u~ed ~orth by ~11 Ta,~r, east by R~ll ibor, south by Main Road, west by ~arry Terry Est. 9:55 p~'VI. (E.S.T.), Upon appli- cation of pater Scholl, Inc, 43 West 10th Street, I~untington Station, New York, a/c Albert Schwicker F~t, Main Road, Mattituck, New York, for a special excerption in. accordance with the Zoning Or- dinance, Article IV, Section 400, Subsection A, for permtssion to retain a pole sign with insufficient setback from the property line. Location of property: south side Main Road, Mattituck, New York, ,bounde.d nor,th by Main Road, east ,by Mattitmck School Prop., ,search [ by John Pylt~o, west by I~al~h Cox. I0:00 P,M. (E.S.T.), Upon appli- cation of Peter Scholl, Inc., 43 West 10th Street, Huntington Sta- tion, New York, a/c Averette Ser- vice Station, Main Road, South- .old, New york, for a special ex- ception in accordance with the Zoning Or.dLr~ance, Article IV, Sec- tion 408, Sabsecti. on A, for per- mission to retain a pole sign with in,~uff~cient setback from ,the prop- erty line. Location of property: south side Main Road, S~uthold, New York, .boung~d north by Main Road, east by youngs Avenue, south by Mary Goubeaud, west by T. Fr~hnhoefer. 10:10 P,M. (EJS.T.), Upon appli- cation of Choy.ton Oil Company, 1200 State Street, Perth An~boy, .New Jersey, a/c Cherry',s Service Station, Main l~oad, Southold, New York, for a special exc~,ption accordance with the Zoning Or- dinance, Article IV, Section 408, Subeection A, for permission to re- tain a pole sign with insufficient ,~stback from the property line. Locs~tion of property: Main andi Bayview Re,ads, Southcld, New York, ,bounded north by Main ,l~o~d & Bayvie~v Road, east by Bayvtew Road, south ,by Jose De- paz, west by Ma~n Road. Any person desiring to be 'heard on any of the above applications: should .appear ~t the time and pla~e above specified. ,D~T~D: FE~BP~UARY 2, 1967, ORDER OF THE SOU~OLD ~OWN BOARD OF APPEALS ~7 8:35 P.M. (~.S.T.), cation of H. M. Demarest & Sons, Main Road, Orient, New York, ior a ~ial exception in acc~dance ~ith bhe Zoning ~dinan~, Arti- cle X, S~tion 10OBA, sio~ ~ ~e ex~sting l~r camp buildings tie house farm help. ho- cation of property: north side Narrow River Road, Orient, New York, beunded north by F. ~. Mil- ler & ,Others, east by George L. E~wa~ds Est., south by Narrow River Road, west by land now or formerly of Getdnger-Freemann. 8:~5 P.M. (E~S.T.), ~pon appli- cation of George ~hlers, Cuteh- egue, New York, a/c ~dward Mil- ler, 19 ,Marshall Avenue, ~oral Park, New York, for a variance in aeeorganee with the Zoning Or- dinance, A~tiele III, Section 300, Subsection 6, for ~ermi~ion to erect a private detached garage: in the front yard area. Location] of pr~e~ty: Arshamomaque Ave-[ hUe, Sou[hold, New York, lot num- ber 14, Beixedon F;states, South- old, New York. 9:00 P.M. (E.S.T.), Upo~ appli- cation of John A. Polywoda, Main Road and Hobart Road, S~u,thold, New ~k, for a s~ciaI exception in accordance ~i[h the Zoning Or- ,di~ance, A~icle IV, Section 408, ~ab~etion (b), for per~s~on retain on pr~i~s wM1 sig~s. Lo- cation of ~ro~r,ty: s~u[h west corner of ~in Road a~ Hobart. Road, Sout~ld, New York, bound- b ed ~o~h by Main Road, east : y l Hobart ~d, ~oith by ~hmas i ~urt~h, w~t by cation of ~u~ Shore ~tel and l ~o~ View ~s~umnt, Green-~ ~rt, New ~ork, for a ~ec~l ex- ~tion in a~r~nee wi~ ,the Zoning Ordinance, Article III, Sec- tion 3~, S~tion 10, for ~r- m~}on to retain the following si~: 1) a directional sign lo- cated on the north west ~rner of Main Road and Cha~l Lane, ~re~, New York, housed ~ar~ by ~k ~v[n, e~t by Cha- ~1 ~ne, rough by Main R~d, west by ~ng I,s~nd Lighting 2) a direetio~l sign on the north LAW OFFICES WILLIAM W I C K H Al'"1 MATTITUCK~ LONG ISLAND NEW YORK 11952 January 2~, 1967 Zoning Board of Appeals To~rn o£ Southold Southold, New York Re: Property o£ Howard C. and Matilda Bigg Nassau ~oint~ Cutchogue Gentlemen: We enclose application for a Variance to the Zoning Ordinance, together with our check for )5.00 filing fee for your consideration. WW/as enol. Very c~rdially yours TOWN OF SOUTI~OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. / (We)' H awa.~. &..C..... ~i~g...a~.d ..................... :of ...Hay.~a.t ~. s.'. ~Laad ........................ [ ........ [. ; .Nature.of /~lEpel ant . ,' Street and Number Ha~il~a ~zgg ~ ~ _' .~..&.s..s:..8,..U.....~..Qin.~..,....Q..~...t..Qh.o.~4...e. ..~.e.~....~..Q;l;'.k ...... HEI~EBY APPEAL TO Municipality State (X) ( ) ( ) THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON NO ..................................... ..... ............. WHEREBY THE BUILDING INSPECTOR DENIED TO //~ Name of Applicant for permit of Street and Number ,Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ..N..Qr..~..~..e..~.~...~.~.i..~...e.::.~.~.f.%~...~,.~.a.~.~e..r...s.:...R.¢~.a..d..~.`.~..?:..~.~.; .... ~. ,~ Street Use DistWct on ZOning Map P.~.~..o~io...~a~...~.~.~.p.~.~.~.i~.~.,...Zcn.o.,...~mp.. 786, Lot 27 Map No. Lot No. 2. P. ROViSION (S) .OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section: and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) ARTIO~ III; Seetin~ _~_~ ~d_ _A~_TICT.W, X~ Section !000A 3. TYPE OF APPEAL Appeal is made herewith for (]~) A VARIANCE to the Zoning Ordin.a;nce or Zoning Map ( ) A VARIANCE dueto lack of access (.State of New York Town Law Chap. 62 Cons. Laws Art. 16 sec. 280A Subsection 3 : 4. PREVIOUS APPEAL A previous appealS(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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to. Section 280A.Subsection A Variance to the Z~)ning Ordinance is requested for the reason that applicants wish to set off the of Lot 27 for sale to ~obert A, Goeller, Jr. and Jane with Lot #t0 on 'the Opposite si~e of Haywaters Road. is to be used only for access to Eaywaters Cove, southerly 30 feet P. Goeller, together! This 30 foot strip l~orm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie,s or unneces- sary HARDSHIP because applicants are the owners of Lots 26 and 27, each of which has a frontage of 75 feet on Haywaters Road. Applicants are adding on to their house, which is on Lot 26, so that the same will now extend over onto Lot 27. They will retain for their residence Lot 26 and 45 feet of Lot 27, making a t6tal frontage of 120 feet. The 30 foot strip will be used merely for access to Haywaters Cove by the owners of Lot lO. · 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 the lots in t:his development are 75 feet and most of the residences are erected on one lot with that frontage. Applicants will now, as stated above, have a frontage of 120 feet. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the residence will not occupy a lot less than 75 feet, but one much larger. This if anything will be an improvement to the area. Howard STATE OF NEW YORK ) ) ss COUN'i~; OF suffolk ) .' ~ Matilda Bigg Sworn to this ............ .2..i...s..t..f: ............... i ...... day of ...... ] ......... .J.~..n..~...a..r.y. ....................... 1967 NOTARY PUBLIC, STATE OF IC~W YOIt]~ No. 52-4259000 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERICS OFFICE SOUT?IOLD, N. Y. ~NOT,iCE OF DISAPPROVAL File No ................................................................. Date ..................., ...... Jar~ua~y ..... 21 .......19.62.. To ._~'f.m........;~i..c..k..ham.. A~...C...2q.os~f.a~.d....C........B..igg & ~¢~ife ............. ~!~a.t.t.~.t.k~c k ............................................ ........................................................................... Map PLEASE TAKE NOTICE that your~]~~Xdated .................. .0..c..t.o.b.~7. ..... ~.%..: 19..~.6... ~ land ~. j ,for permit to~aY~ .s.e.t...o~.f...a.trip...o. ffat thc pr~m]ses located at ..}t/..5...~.~she.rmam. s · .Beac.,h ....... p.ri.v, ate....r, oa.d ..................... Street Nassau Po iht ~ Cutchogue Map ~.e..q.o..~..~.c....~ay... p.r..o..13...Block .......... ..x..x. ........................ Lot ..27. .......................... 'i ................ is Xl~X~-'~~ disapproved on the followin? ground-: ..inauf£.i.eiem~t..£r.ontag. e · .&..ar..ea ....... .&.r..t......I..i...I_...s...e. ~ ...3.0. 3...~....k.~...t....2...s..e...c,....t...0...0.o. A .......................................................... Building Inspector /-/A Y' vv' A -r' E .'~' ~'" __ L- .... -'--.flAY'WA TER,.~ fl:~OAZ2) y X ,5'c ~ /c' .30'=/' /-/OWA, O AT /VA S.SAL/ /DO/fiT