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Home My WebLink About1144 TO¥~N OF SOUTHOLD, KEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appe~] NO. 1144 Dated September 19, 1967 ACTION OF TH]~ ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Anna S. Edwards To Hedge Street Fishers Island, New York DATE QC~[.....~i~....~i 967 Appell/vnt at ~ mectivg of the zOning Board 0f Appeal~Oon was c,Onsidered and the action indicated below was taken on your ,~X) I~equest for variance due to lack of a:~ce~ to property ( ) Request for a special exceptRm under the Boning Ol'dinance (X) 'Requcs~ for a variance to the Zoning Ordinance Thursday, October 11, 1967the appeal L SPEC]AL EXCEPTION. By resolution of the Board it Wa? determined that a special excepth)n ( ) be granted ( ) be der~ed pursuant to A_~lcic '"r' .................... i Section .......................... Subsection ..................... Far~raph ............................ of the Z~nlng Ordhmnce, and the decision of the Bu~.ldin~ L~spector ( ) be reversed ( ) be confirmed because 8:15 P.M. (E.D.S.T.), Upon application of Anna S. Edwards, Hedge Street,.Fishers Island; .New York,~for a variance-in accordance with the Zoning Ordinance, Article III, Sectior~300,~Subsection 6, for permission to locate a private detached garage ~ the front yard area; and for permission for recognition of access is accordance .with the State of New York Town Law, Section 280A. Location of property: privat~ right of way, Fishers Island, New York, bounded north by,West Harbor, east by Hurlburt, south by Private right of. way, v~st ~y Burr. 2. VARI.~NC~ By vesoluV~On~ the Board~ was determined that~ (a) StM~ applica~on ~ ~e Ordh~,noe (would)(would not) produce practical dffhc~tl~sorunnec- easa~ h~d~i~ bec~u~ SEE REVERSE ih) 'fine hard,aiip crated (is) (is not) unique and) (Wo~a) (would not')"be iham~cl B~ all proDerties alike /n the hnmediate vicinity of this property and h~ the same use district because SEE REVERSE ,_ ~. . (c) Th~ variance (does) (does not) observe the spirit of the Ordinance and change the .character of the dishrict becsmse SEE REVERSE (would) (would not) and therefore, it was further det~ t&at t~he requested var;artec ( ) be gran%ed ( ) be den~ed and that the pr¢~vious dec;sicks of t~ Building Inspector ( ) ,be confirmed ( ) be reversed. FORM ZB4 After investigation and inspection the Board finds that the applicant requests permission to construct a private detached garage in the front yard area; Also ~requested is approval of access. The Board finds that the applicant is the owner of waterfront property. The Board points out there are many areas in the Town of Southold, where there is waterfront property, the garages are located in the front yard area. The Board finds that the applicant will be backing out of the garage onto a dead-end street. The Board does not consider this a major traffic hazard. As to the approval of access, the Board finds road can he made passable to all emergency vehicles, width of at least 15 feet. The Board finds that s~rict appticationof the Ordinance w~ll produce practi~al difficulties orunnecessary hardship; the hardship created is unique and would notbe shared by all properti_es alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. that the access and will be a THEREFORE ~TWAS RESOLVEDAnna S. Edwards, Hedge Street, Fishers Island, New York, be granted permission to locate a private detached garage in the front yard area; and be granted recognition of access on property located on the private right of way, Fishers Island, New York. This permission is subject to the following conditions: 1. The proposed private detached garage shall be located at least 35 feet from the front (road) property line. 2. The access road shall be subject to the final approval of the Southold Town Building Inspector. Notice of ~earing Pursuant tO Section 267 of the To%~n Law and the prO¥ilSiOnS of the amended Building Zone Ordinance of the To~ of Southold~ Suffolk County, New York, public hearings the Zoning Board of Appeals of the Town of Southold~ at the Town Office, Main. Road~ Southold0 New York~ on t967~ on the following appeal~ 8~15 P. Mo (EoD. S.T.)~ Upon application of Anna S. E~ards~ Hedge Street~ Fishers Isiand, New York, for a variance in accordance with the Zoning Ordinance, Article I~I~I~ Section Subsection 6, for permi~sion to locate a private ~etache~ garage in the front yard area~ and for recognition of access in accordance with the State of New York To~n La'w, $~ction 280A~ LoCation of property: private right of way~ Fishers Island, N~w York, Dounded north by West Harbor, east by ~ur!burt~ south by Private Right of way~ west by !~urr Any person desiring to be heard on the ab~oVs~app!ication should appear at the time and place above specified. DATED~ SEPTEMBER 28~ 1967~ BY ORDER OF THE SOUTHOLD TC~N BOARD OF APPEALS ~SE PUBLISH ONCE, OCTOBER 6, 19670 AND FORWARD TWO (2} AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, $OU~OLD, NEW YORK, 11971. Copy mailed to the following of September 29, 1967. The New LondOn Da~, Day PubliShing UOo, New London, Conn~ LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Sectior~ 26? of the Town Law and the provisions of the amended BuiLding Zone Ordin- ance of the Town of Southold, Suf- folk Couniy, ~Iew York, public hoar- ings will be ~el~/ by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road~ Southold, New York, on Oc- tober 11, 1967, on the following pea]s: 7:30 P.M. (E.D.S.T.), Upon appli- cation of George Bauer, Southol~, New York a/c Herman Poerschke ~qorth Road, Arshamomaque, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, for permission to locate a private de- tached garage in the front yard area. Location of property: north side North Road, Arshamomaque, New York, lot number 17 in sub- ,Sivision of Young and Goodale bounded north by Long Island Sound, east by land now or formerly of Cuningham, south by North R~d west by land now or formerly of Nissenfeld. 7:45 P.M. ~E.D.S.T.), Upau appli- cation of Gunter Moral&el, Marra- toaka Roaff, Mattituck, New York, for ~ variance in accordance with the Zoning Ordinance, Article IV, Section 404, for permission to con- struct a business building with in- sufficient setback from Sigsbee Road· Locatian of property: Old Main Road and Sigsbee Road, Lau- rel, New York lot number 102 in Mattituck Park Properties Sub~i- vision. 8:00 P.M. (E.D.S.T.), Upon appli- ~'~ew York a/c the residents of "Shore Acres", Mattituck, New York, for a special ezception tn ac- cordance with the Zoning Ordinance, Article III, SectiGn 300, Sub-section 10 ,for permission to erect and main- tain an identification sign on the property of Agnes D. McGunnigle. Location of property: North east side Bayview Road and Mill Road, Matti- I tuck, New York, bound.ed ~lorth by} south by Bayview Road, west by~ Mill Road· ' 8:15 P.M. (E.D.S.T.), Upon appli- cation of Anna S. Edwal:Is, Hedge Street, Fishers Island, New York, for a variance in accordance with. the Zoning Ordinance, Article III, Sec[ion 300, Subsection 6, for per- mission to locate a private detach- ed garage in the front yard area; ar~' for recognition of access in ac-~ cordance with t~e State bf New York Town Law, Section 280A. Lo- cation of property: private right of way, Fishers Island, ~tew York, bounded north by West Harbor, east by Hurlburt, south by Private Right of Way, west by Burr. Any person desiring to be heard on the aobve application should ap- )ear at the time ar~l place above specified. DATED: SEPTEMBER 28, 1967, BY ORDER OF THE SOUTHOLD TOWN BOARO O FAPi~EALS COUNTY OF SUFFOLK. ~ STATE OF NEW YORK, ~ ss: J ~ , · '~ .... Iy Sworn, ·..~:~... s-',.~..~ ............ ~ ........... being du soys that .. :.-.... is Printer and Publisher o! the SUFFOLK WEEKLY TI~ES, a newsier publish~ at Greenport, in sffid cou.ntw and ~ the notice, ~ which the anne~d is ~ ~inted copy, has ~en published in the ~d Suffolk Week~ Times once in each w~k, ior .......... ,.'L: ~ :: ............week~ ..... ~ .-.v ~ ............... suc~ssively ~mmencing on ~e . , ~ l. d~ of .~,u~.h ~-~ ~ .~. ...... 19 ~;'~. .... h ·; '~' ,h.N. ~. !~... :-,~ ....... .X~.~ ...... S~arn to bef~e me this ..C.~,.... l day of . ~; -. d,.~ ! .... 19~.?.. ~ ....... ........... PUBLISH ERS' CERT! FICATE State of Connecticut, t ss. New Londou. County of New London, TOWN OF SOUTHOLD LEGAL NOT~CE NOTICE OF HEARING the amended Building Zone Ordi- Pursuant to Section 267 of the Burr. On this ....5¢.TI~ .......... day of...D.m.g.~]~.o~ ...................................................... A. D. 1967, personally appeared before the undersigned, a Notary Public, within and for said County and State, .... .~.,._..~.,._.~.D~e.Z..4.a.,.......o_~._r..~..~.~ _~._..c._~.~.~.~..L_u..~r_, ............... ................................................................ of TIlE DAY, a daily evening newspaper published at New London, County of New London, State of Connecticut, who being duly sworn, states on oath, that the Order of Notice in the case of ........ ?_~;_~..~._~.~L...~.~2.~.!~.~_.o_~:_..~.~.~.~5._:!!:~.~..~_.c.. ....................... · .~.~-~/~l!22...~2."......5~::.?.~.5....J.._'......5~i!~.~.~%ue copy of which is hereunto annexed, was published in said newspaper in its issues of the ........................ {a.th ...................................................................... days of-...._Oa.ta~.h.e_12 ..................... A. D. 19 67 Subscribed and sworn to before me this........._cJ.~Ja ............... day of_0~._g. Pbe_? .............. A. D. 19 (>7 Notary Public. TOWN OF SOUTHOLD, NEW' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEA~JF N9~'.~ / / 1, ~ ...~A,.....~.~ .y~..g~.d....:~..a...'F.A~.d.A.,,....S.~,...of ..... ~...e..d. ge Street Name of Appellont Street and Number ~ishers Island New York HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED ~-~ .~....T ,..~..~ / ~ ~ WHEREBY THE BUILDING INSPECTOR DENIED TO ,..M~.~. .... ~aymcz':t.d.. ~a.:~.amd s.,... S~: ................... Name of Applicant for permit of Hedge Street ~'lshers Island, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) LOCATION OF THE PROPERTY Pe~i~sulz "A" Street Use District on Zoning Map Map No. Lot No. Fishers Island, New York 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.) _Art. III~ Sec, 300, Sub 6 Also State Law Sea, 280 A 3. TYPE OF APPEAL Appeal is made herewith for (~) 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 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 .................. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision REASON FOR APPEAL ~ A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that (over) Fot~ ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficuities or unneces- sary HARDSHIP because the land falls off to the waterfront in such a manner that the only practical location~ on this size lot, for the proposed garage is in the ~legal front yard; the main dwelling~O~$~ being situated in such a manner as to face the bay and a magnificent view which should not be obstructed by an accessory buildLug. The existing~ now used, 15 ft, wide readbed originally laid out on abandoned Fi~ed Map. 2. The hardship createdis UNIQUEand isnotshared by all properties alike in the immediate vicinity ofthisproperty and in this use district because the terrain is not the same~ a~Joining properties using these old Filed Map roads~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because existing accessory buildings and houses are located in the front yard practically on the fr~ut y~rd lot lines. All roads in vicinity are 15 ft. wide or less. 5worn to this ~ doy o{ ........................ 19ff 7" I~ORM ~o. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. I~OTiCE OF DISAPPROVAL File No ..................................................................... Date September '28 67 L~C.Foyie & Sons Inc A/C To ~!.r.',...~,,,a,~,m,-.,°.,~...d.....E...d..~.~..a.~..$. ................................... ........... i~ d.g~....~.t .................................................... ................ ............................... PLEASE TAKE NOTICE that your ,application dated Sept 28 19...6..7... for permit to construct .D.~[.e.]:.~.~.r).g.....&.....G..a..~..a.g~t the premises located at ...~.~'..T.' .... ~.:.-.0..~.}~r. ...... O.n... ]~../..S......P..e..r..~.i. ~.s...u. ~. ............................... Street Fishers Island Map ....~ ............................... Block ....... XX.X ............................ Lot ....... XXX ................................... is ~L~Y~~~disapproved on the followin? grounds ..... .A..9...e..e...s...s.9...r.Y....'.0.~...d.g...~.~. ...... ~..r..9...n..~...y..a..~..d......ar.e.~ .... .ac~...~f...a~up.r.o..v.e~l..A~.c.as.s ....................................................................... ........... .A.'.~i.t.....i..i..~....5..e..C.... 3.0.0... s.l~h...6 ........ .~c....~.e.c ..28Da...o.£... T.o.wm..La.w .......................................... Examined .................... ..... ............... , 19 ........ FORM NO. 1 TOV/N OF sOUTHOLD BUILDING DEPARTMENT T.OWN CLERK'S OFFICE SOUTHOLD, N. Y. Approved ........................................ , 19 ........ Permit'No ................................. Disapproved a/c .................................................................. ............................ Application No ............................. APPLICATION FOR BUILDING PERMIT Date ................ ....... , (? 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 propertyrnust be drawn o.n the diagram which is part of this application. 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 granted by the Building Inspector. APPLICATION iS HEREBY MADE to the Building Department for the issuance af 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 alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code and regulations. ~ ........ 'g ure of applicant, or name, ~ a ....... ...... ......... (Address of appJ'i~ri (~"' ' ........... State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ~...~.~' ,..~?.....~._. ~ ~2~ ~...~. If applicant is a corporate, signature of duly authorized officer. 1. Location of land on which proposed work will be done. Map No: ............................................Lot No: ~.~/..¢.o.¢~...~.7.... Street and Number ... ................................................... ........................................ ; ...................................... 2. State existing use and occupancy of premises and intended, use and occupancy of prOPosed construction: a. Existing useandoccupancy .... ~...~...~..~....~c~ ............. b. Intended use and occupancy .........~...:~ ................................................................ ....... , ............ , ............... 3. Nature of work (check which apF,cable): New Building ..... .~. ......Addition .................. Alteration .................. Repair .................... RemoYal .................... Demolition .................... Other Work (Describe) ...................................... (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, commercia~ or mixed occupancy, specify nature and extent of each type of use ................................ 7. Dimensions of existing structures, if any: Fro.nt ...... ~.;'...SRear ........ ~.;:...~. Depth .~.~ ..... Height Number of Stories ...~ ....................................................... Dimensions of same structure with alterations or additions: Front .............. ~ ............. Rear ................................ Depth ~-- Height ~'- , ..Number of Stories ........................................ 8. Dimensions of entire new construction: Front ~_~ ' o" Rear -,_-~r~ ' ~" Depth Height ....... ./....~...~.?.~: ....... Number of Stories ....... ~~ ........ 9. Size of lot: Front ............................ Rear ............................ Depth ................................ 10. Date of Purchase ................. ~' ~..~.~.~.}~.!.~.~.Or..Name of Former Owner 11. Zone or use district in which-- kJpremis'es are situated......'~...~..~.!..~..%.~..~.fl.]" ................................................................. 12. Does.proposed construction violate any zoning law, ordinance or regulation? ....... .../~...o. ....................................... Nome ............................................................................................. Nome of Contractor ~ .C_,,, .~u_ ¢ ~ ~ Address '~ '~ ~ Phone No. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, .end indicate all set-bock 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. ~TATE OF NEV~-~YO~K~,,~.. '~ S S cou w OF ............. t" ~n.~..t~ ................................... being duly sworn, deposes and says that he is the applicant .... ; ...... ;;;~'['Name of indivi'd:ua'~ ~n.g.application) a~ove named He '~i~'~e~ ..................... ~ .................................................................. ~ .................................. ' ' '"' (Contractor, agent, coFporate officer, e c.) of said owner or owners,.q~d.i.S du;ly, g_uthorized to perform or have performed the said work and to make and file this appii~ation~ that all statements contained in this application a. re true to the best of his knowledge and belief; and that the work will be performed in the manner set.f°rth in the application filed therewith. Sworn t6'b~fore"methi~ '~~._ ' ~~ ............ 19~.: ....... ~~~ ~~ .......................... day of ........... ,~. .............................. , .[ ............................ "'- ~ 'lic ~ ~:~~ County (Signature of appli~nt) ~otary ~u~ , . .... w~'~;'~:¢~'ff~ ..... '~'~' ~) COUNTY OF SUFFOLK ~ SOUTHOLD ~ I~, , .... '~ Real ProPerty Tax Service 010