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Home My WebLink About1147 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1147 Dated October 10, 1967 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD · o Joseph J. Decker Nassau Point Road Cutcho~ue, New York DATE .._O.q..t.9.b_.e~......26, 1967 Appellwnt at a mectivg of Me Z~ning Board of Appaais on Thursday, October 26, wa~ considered and the at, on Indicted ~ was t2ken on y~ur ~ ) ~equest for vari~ce due ~ lack of ~coe~ ~ pro,fly ( ) Request ~or a ~eci~ e~cep~ under the Z~lng 0~'dinance X ) Requc~ for a va~e ~ the Z~g Ordnance I ) 1967 the appeal L SPECIAL EXCEPTION.-By resolution of the Board it was determined that a special exception ( )~be gr~nted ( ) be denied 9~rsuant to Article ,,.~ ...................... .,, 8ectien ........................... Subsection ........................ X :~ara~raph ............................ of the Zonin~ Ordinance, a~d the decision o! the Building Irmpector ( ) be reversed ( ) be confirmed because 8:15 P.M. (E.D.S.T.), Upon Applicati0h of joseph J, D~cker, NaSSau Point Road, Cutchogue, New York, for~a' Variance in accordance with the Zoning Ordinance{ Article III, Section 307," for permission to c~onstruct a dwelling with in~sufflcie~nt' side yard. Location Of property: west side Wunneweta Road, NassaB 'Point, - CutchogUe, New York, lot number 299, in "Amended Map A of Na~ssau Point." VARIANCE. By resolution qf the Boar. d it was determined that S~,ri~t applicat/au of ~he Ordinanoe, (would) (would not),P."0duce practipal difficulties essary hardship because SEE REVERSE ih) The hard,lip created (is) (/s not) unique, and (would) (would not) be shaved by all properties alike in the hnmediate v~cinity of this property and in ~he same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of thc Ordinance and (would) (would not) change the c~mracter ,of the district bec~se SEE REVERSE and therefore, it was further detm.~x~ed tlaat the requested varia~ce ( ) be granted ( ) be denied and that the pre~ious declslcms of t~e Building In~.pector ( ) ,be confirmed ( ) be reversed. FORM ZB4 After investigation and inspection the Board finds that the applicant has constructed a dwelling too close to the side property ]hne. The Board finds the hardship involved in this case is a self imposed hardship created by the applicant. There is ample area nd frontage on the lot in question to lecated the subject premises to comply with all zoning regulations. The BoaXd suggests that the applicant ~ry to obtain additional property from the adjoining property owner. If this is not possible the applicant shall remove that Part of the garage that is ih violation, so there will be ~' 'min~mtm{ s~ y~rd of 10 feet. ~The Board fihd~ that StriCt application of the Ordinance ~ill not' produCe practical difficulties or unnecessary hardship; the hardship create~ 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 Joseph J. Decker, Nassau Point Road, Cutchogue, New York, be denied permission to m~lntain a dwelling with insufficient side yard area on property located on lot number 299 in "Amended Map A of Nassau Point", west side Wunneweta Road, Nassau Point, Cutchoguee New York. The applicant shall correct this violation within 120 days from the date of this action. LE,GAL NOTICE Pursuant to SecUon 267 of the I Town Law ~md the provisic~s of the amended Building Zone Ordin- ance of the Town of Southold, Suf- ! folk County, New York, public hear- lngs will be held by the Zoning Board of Appeals of the Town uf South- old, at the Town Olfice, Main Road, Southold, New York, on October 26, 1967, on the following appeals: 7:30 P.M. (E.D.S.T.), On the Board's own motion a rehearing on Appeal No. 1140, upon application of Robert S. P~scale, Rabbit Lane, East Marion, Hew York, for a vari- ance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000A, for permis- · sion to ,divide property with insuf- ficient frontage. Location of prop- erty: north side Habbit Lane, East Mari6n, New York, bounded north by Marion Lake, east by Crowley, south by Eabbit Lane, west by Jack Schimatz. 7:45 P.M. (E.D.S.T.), Upon appli- cation of Robert Hyatt, Southold, New York, a/c William Wurtz, ton Point, Southold, New York, for: a variance in accordance wifh the Zoning Ordinance, Article III, Section 300, Subsection 6, for pezTuission to build an accessory building in the front yard area. LO- , cation of property: ,north side Pri- ' rate Roa~', (Hyatt Road), Southold, 'New York, bounded north by Long Island S~und, ~ast by C. Ocame, south by right of way, west by W. L. Handel. 8:00 P.M. (E.D.S.T.), Upon appli- cation of Fred Adler 18 Lion Lane, Westbury, New York, for a vartance in accordance with the Zoning Or- dinance, Article III, Section 303,. Article X, Section 1000A, for per- mission to divide property with in- sufficient frontage. Location of property: north east side Lake Side Drive, lots numbere~ 77 and 78 in Cedar Beach Subdivision, Southold, Hew York. 8:15 P.M. (E.D.S.T.), Upon appli- cation of Joseph J. Decker, Nassau{ Point Road, Cutchogue, New York, for a variance in accordance withI the Zoning Ordinance, Article III, Section 307, for permission to con- struct a dwelling with insufficient side ya~'. Loca~ian of property: west side Wunnewata Road, Nassau Point, Cutchogue, New York, lot number 299 in "Amended Map A of Nassau Point." 8:30 P.M. (E.D.S.T.), Upon appli- cation of Marian Columbus Club, Inc., Depot Lane, Cutchogue, I~lew York, for a special exception in ac- cordance with t~e Zoning Ordinance, Article III, Section 300, Subsection 5 (c), for permission to erect a frat- ernal clubhouse. Location of prop- erty: east side Depot Lane, Cutch- ogue, New York, bounded north by Halecki, east by Zaneski, south by Bialecki, west by Depot Lane. 8:45 P.M. (E.D.S.T.), Upon appli- cation of Robert Waddington, Jr., Fishers Island, New York, a/c Brad- I ford Buralham, Fishers Island, New! York, for recogniti0~ of access in aceo~.~ance with the State of NewI York Town Law, Sectii~n 280A. LO-~ cation of property: norfh side private [ ~ SS: road, Pennlsula, Fishers Island, New ! J York, bounded north by Burr, east i.L4~...4~...~.' ...... being duly Sworn. by Right of [Way-Burr, south by, Burr, west by West Harbor. I Any porsan desiring to be heard ~lter und Publisher of the SUFFOLK on any of the ~bove applications! ~; should appear at the time and place Ixrper puoasnea ~ Greenport, in said above specified. DATED: OCTOBER I1, 1967, BY '~' Of which the annexed is ~ printed ORD~,B OF m~ SOUTHOLD !i in the s~id Suffolk Weekly Times TOW~ BOA~RD OF APPEALS c~-~a- week~ lt020, . ......................... successively oommencing~ on the ..... ~.~.~.':~. · ../~. .... · ..... d~y of .. , · .~L,~h.~,,~ ...... Sworn to before me this . ..~.1~.. of ..... TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OT~CE OF DISAPPROVAL File No., Date .................. ~¢.~,~.~. ......... i~ ............... 19...6;.~ ........... ~.s ~.a:~:~...~>~.%.-.~,a~.~ .............................. ................. Outeh~6u~'~ · :~'~' ~' ~ ......................... PLEASE TAKE NOTICE that your .~~ dated ...................... E~a.2o:~.R...~0.. 19...~,~ ~or permit to construct...~z~,~. m:~..~. ~, ................ at the premises located at .......................................................................... Street Map ..~:~as~,..~.~,Int. ,C~ld~o.p ......................................Lot ........... 2~. .............................. is ~~%~ disapproved on the followin~ grounds ...._~,.~,~:~'~4~..-~-4.,~,-.-¥,,~~,~ .................... a-s~e...~-~ ..... &e~'..~O~ ............................................................................................................... Building Inspector TOWel OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOW!N OF SOUTHOLD, N. Y. l, (We) .....::..., .......... : ..... ; ~...~,;.~ :~- ..... ~:": ........... of Name of Appella,nt St, re~ and Number : ~ ................................... HEREBY APPEAL TO ~z~.~.~..~..~,¢~ ........................................... #~- ~/.~ Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ^~,c^-~,o,~ ~o~ ~,~,~ ~o. .:.~..,~.'7..~..X~.. ~^~ .... ~....~....~..L.~...~....~ ............ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Bpplicant for permit '~..4., .~..,... ~ c ~r~,,~, ~ of ~.~.~, .~.. ..... ..~. ;~. .,~.,, ~ ~ N~/~ .... .~. ............................. .~ ....... ~, ............................... ~, - Street and Number Municipality State (~) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) :. LOCATION OF THE PROPERTY ~....~.~,.=...~.~...¢.~.......~.~.,~. .......................................... Street Use District on Zoning /V~ap ..... .z.~ .................................... ~.~ ....... i ....... Map No. Lot No. 2. PROVISION (S)OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ~/~,f~,section~ and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi~n:ance.) 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 (~llJl~) (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 ~' e and was made in Appeal No ................................. Dot d ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~ A Variance to the Zoning Ordinance is requested for the reason that 1~ ~ ¢~ ~ ~)~ ~orm z~ (Continue on other side) Continued STRILA~APPLICATJON OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ .~~ ~-e..~ ,~Z.-~,J~ ~~ , 2. The hardship created is UNIQUE and is not shared by all properties alike in vicinity of this property and in this use d~strfct because the immediate 3. The Variance would observe the Spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Swor~ to this ............. IC.O....~"" .................. day of ........ ¢~~<T~:z~z~ .................... 19 Notary Public : / ~o. 52-3233120 o o ~ /~c~- 4o" w. -- z ~ 9.4' ? i ti