HomeMy WebLinkAbout988 TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS DATE November 17,1966
Appeal No. 988 Dated November 1, 1966
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Ann G. Carl Appellant
Mallard Drive
Lloyd Neck, New York
at a meeting of the Zoning Board of Appeals on Thursday, November 17, 1966 the appeal
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
(X) Request for a variance to the Zoning Ordinance
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted
( ) be denied pursuant to Article ............... Section ................ Subsection paragraph
of the Zoning Ordinance, and the decision of theBuilding Inspector ( ) be reversed ( ) be
confirmed because
7: 40 P."�E.S.T.), Upon application of Ann G. Carl,
executrix of the will of Margaret L. Baumgartner, Mallard
Drive,Lloyd Neck, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 307, for
permission to reduce side yard area. Location of property:
north west corner of Little Peconic Bay Road and Nassau Point
Road, lot number 144 in Nassau Point Club Properties, Inc. ,
Cutchogue, New York
2. VARIANCE. By Tesolution of the Board it wasdeterminedthat -
(a) Strict application of the -Ordinance (would) -(would 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 in the
immediate vicinity 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) (would 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.
APPROVED
\ _ _ ZONING BOARD OF APPEALS
FORMOhNi98��Secre
BarbaraC. Dittmanary
C'
i
� . ._
After investigation and inspection the Board finds that the
appellant requests permission to set off a piece of property. There
is an existing dwelling on the lot in question. Said dwelling is
erected only eight feet from theproperty line. The applicant
requires a reduction in the side yard requirement. The Board
finds that this is a topographical error and has happened before
in the Nassau Point area which is a filed map area. The Board
further finds that many of the lot lines are not at right angle
to tie Road line. The Board points out that this variance restores
the lot lines as they were on the original survey map that was
adopted by the Town Board when the Zoning Ordinance was passed.
The Board finds that strict application, of the Ordinance
would produce practical difficulties 'sr uniie&seary hardship;
the-hardship created is 'unique and would not be- shaed by all
properties alike in the immediate vicinity of this property
and in the same use district; and'the variance does , observe
the spirit of the 6rdindm6 and will -not'change the character
of the district.
THEREFORE, IT WAS RESOLVED. that Ann G. Carl, 'Executr;x of
the will of Margaret L. Baumgartner, Mallar Drive, Lloyd Neck,
New York, be grantedpermission to reduce side yard area require-
ment on property located on the north west cornerof Little Peconic
Bay Road and Nassau Point Road, lot number 144 in Nassau Point
Club Properties, Inc. , Cutchogue, New York, as applied for on the
application to the Board of Appeals, application dated November
1, 1966; and as shown on the survey by Otto Van Tuyl and Son,
map dated October 17, 1966.
�. 71at�,
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TOwN OF SOUTHOLD, NEW YOP, K ~ /.~,~5~-'~c
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 9fi
TO THEZONING BOARDOF APPEALS, TOWN OFSOUTHOLD. N.Y.
A~u G. CarI~ executrz× of the Will o£
d~ceased. Name of Appellant Street and Number
................ ..~..~...o.y...~...~.e..o...k.~.~ ..................................................... ~.f~W:..YD.~.~...HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
Permission to reduce
APPLICATION FOR ~1~;~ .~..~d~. 7:~.r~.d ............. DATED .Q.Q.~.o..b...e.~..3.~.~...~.9.6.~.. ..........
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
Ann G. Carl
Name of Applicant for permit
of
~l!~.~ .:D~.~..v.e. ............Llo. y~..N, eck ....................... ~..e,?~ .Yor~.. ...........
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permit to Reduce Side Yard
1. LOCATION OF THE PROPERTY :.1`.~A~§..~..~.~..?~..~..1~...~.~...~.~.~.~.~.A~.~.~"~.~1.~.q~`~..~.~.~A.~..~..D..1~.~tri~t
Street Outch0gueUse District on Zoning Map
"Amended Map A of
.. ........ .......... ...........
Map No. Lot No.
'~ 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 Ordi,nance.)
ARTICLE III, SECTION 307
3. TYPE OF APPEAL Appeal is made herewith for
(x) 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 appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ...................... t ...............................................
REASON FOR APPEAL
×) A Voriance to the Zonin Ordinance _
~s requested for the reason that ~a./zSor'tlon o£ the one-ca~ ga~sge?.ttached to the
main st~ructu_~e o~.~subject premises is eight feet zrom the boundary
line c~eated ink, hen a portion of the original-parcel was sold by
Margaret L. Ba~ng~a-~tner, deceased to Ludwig C~ and Alice Jacobsen.
Form ZBI
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because substantial alteration of the garage would be
required. The alteration would be quite costly~ and the expense
would not be commensurate with nature of the violation as only a
smallportion of the garage is within eight feet of-the boundary
line and in violation of the requirement of a ten foot side yard.
Moreover~ the alteration would appreciably reduce the value of
the property since the garage would no longer be sUitable for its
intended uae.
2. The hardshipcreatedis UNIQUE andisnotshared by all properties alike in the immediate
vicinity ofthis property and in this use district because your appl±c~t knows o£ no other
propertiesrin the immediate vicinity of the subject property or in the
use district which require substantial alteration to conform to the
side yard requirements of the Ordinance.
3. The Variance would observe the spirit of the O~inance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because it would not &£fect the
appearance or value of ~e subject property or any other properties
in the i~ediate vicinity. Moreover~ the open space on the sub~ect
lot and the land area of the lot comply fully with the requirements
of the Ordinance and are consistent with the general character and
appearance of the immediate vicinity and the district.
YORK
)
) ss
b Signature
Notary Public ~ ~]r~g ~
December 5, 1966
Hon.
Main Road
Southold,
Robert Gillispie, Jr.
New York
Re:
Application of Ann G. Carl
for Variance
Dear Mr. Gillispie:
Since writing you last Friday with respect to
the above matter, I have received official notification of
the granting of Mrs. Carl's Application for Variance.
Therefore, please disregard my letter.
S~jrely yours, I r
Ronald L. Kuehn, Jr.
December 2, 1966
Hon. Robert Gillispie, Jr.
Main Road
Southold~ New York
Re: Application of Ann G. Carl
for variance
Dear Mr. Gillispie:
On November 17, 1966 I represented Ann G. Carl,
an applicant for a variance, at a public hearing before
the Southold Zoning Board of Appeals. The application
for a variance permitting the reduction of the side yard
area was granted.
The subject property is being sold and title
will be closed December 12th. The attorney for the
purchaser asked that we produce evidence that the
application for the variance was granted at the closing.
Would you be so kind as to furnish me with some written
record showing the disposition of Mrs. Carl's application?
If this is not convenient or practical, would you please
let me know where I may obtain a copy or abstract of
a writing or notice evidencing that the application was
granted?
Ronald L. Kuehn, Jr.
NO. 5
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
ORDER TO REMEDY VIOLATION
TO .A~n..Ca~l.,...Exe~,..e~t~te...of...lC,..~aum~artner
(owner or ~uthorized agent of owner)
(address of owner or authorized agent of owner)
PLEASE TAKE NOTICE there exists a violation of:
Zoning Ordinance AZ'~ ~II! se~ ~0~. ......................................
Other Applicable Laws, Ordinances or Regulations ..........................................
at premises hereinafter described in that ..Lels..~as...Q.j:v.16~6. u.l~¢.~L~g...~,z~.t~, .Z:~e, li. en& ........
estate character at violation)
s.t.d~..~rarS.....(.Za~;...~.~..&..pa~.t..~..~.~.. ~t~a ~u...~.~J~tg~..~g~.e ~.). .............
in violation of :u.~.~t...Z.Z..Z..~ee.~;L~n....3C~7......~i3~d~1~-&..zcm~..~z~1~e~t..~..a£...~D~h~Z~
(~tate section or paragraph of applicable law, ordinance or regulation)
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the
conditions above mentioned forthwith in or before the .......................... ~,~. .......................................
day of ........... llo.v, enb e~. ......................... 19.~..
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
Pecon~c ~y Boade Cuteho~ue~
W/~..N~s~au..l?o;~nt..~ad..&..Zu;Ztf~® ............ County of Suffolk, New Yardi.
Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law
may constitute an offense punishable by fine or imprisonment or both.
November 9, 1966
Hon. Robert Gillispie, Jr.
Main Road
Southold, New York
Re: Application of Ann G. Carl for Variance
Dear Mr. Gillispie:
My firm represents the applicant on this application
because we are the attorneys for Mrs. Carl, as executrix, in
the administration of the estate of the owner of the property
involved. I appeared as counsel for the applicant because I
live in Southold, as you know, and I am the only lawyer in the
office living in that area.
Since filing the application, I have made plans to
leave for the West Coast the first part of next week and,
accordingly, I shall be unable to attend the hearing. I have
arranged to have Ronald L. Kuehn of our office appear in my
stead. Mr. Kuehn is entirely familiar with the case and will
be prepared to discuss it.
I am making this explanation of my failure to attend
the hearing lest my absence seem disrespectful to you and the
other members of your Board.
Sincerely yours~ ~~
FO~M NO. 5
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
$OUTHOLD, N. Y.
ORDER TO REMEDY VIOLATION
TO ~n_n..Ea~l.,...Ex~A...~s.t&~...Q~..~.,...$Bumgortner
(owner or authorized agent of owner)
(address of owner or authorized agent of owner)
PLEASE TAKE NOTICE there exists a violation of:
Zoning Ordinance Art III~ sec 30.~ .......................................
Other Applicable Laws, Ordinances or Regulations ..........................................
at premises hereinafter described in that .Lo.t..~ s...div, i.d~d..le~v, in g..~ria~f.£i~e~.t. ........
(state character of violation)
in violation of ~A~.~II~.a~t~3~2~u~di~g~.9~q.~.~.~i..n.~D..q.e.~..T..~.w.n.~.~..f.~puth~d
(State section or paragraph of applicable law, ordinance or regulation)
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the
conditions above mentioned forthwith in or before the 10
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
Peconic Bay Road, Cutchogue,
~//S...~ias.aa~..P.~z~.C...~g.a~...~;...~;~.t.tl~ ............ County of Suffolk, New York.
Fo.ilure to remedy the conditions aforesaid and to comply with the applicable provisions of law
may constitute an offense punishable by fine or imprisonment or both.
NOTICE OF HEARINGS
Pursuant to Section 267 of the Town
Law and the provisions of the amended i
Building Zone Ordinance of the Town
of Southold, Suffolk County, New York, I
public hearings will be held by the
Zoning Board of Appeals of the Town
of Southold, at the Town Office, Main
Road. Southold, New York, on Novem-
bet 17, 1966, on the following appeals:
7:30 P. M. (E.S.T.), upon application
of George Ablers, Eugenes Road, Cut-
chogue. New York, a/c George Graham,
Nassau Point Road, Cutchogue, New
York, for a . ' II ~
with the Zoning Ordinance, Article I ,
Sect on 300, Subsection 6. for permis-I
sion to erect a~ accessory building ini
the front yard area Location of prop-'
erty: east aide Nassau Point Road, Lot
number 68 in Nassau Point Club Prop- i
k
erties, Inc., Cutehogue, New Yor .
7:40 P. M. (E.S.T.L upen application
of Ann G. Carl, executrix of the will oi.
r!
Margaret L. Baumgar~ner, Mall~ d
Drive, Lloyd Neck, New York, for a!
variance in accordance with the Ton-i
lng Ordinance, Article III, Section 307, I
for permission to reduce side y~rd area. I
Location of property: north west cor-
ner of Little Peconic Bay Road and
N~ssau Point Road, lot number 144 in
Nassau Point Club Properties, Inc.,
Cutehogue, New York.
8:00 P. M. (E.S.T.), upon application
of John A. Clarke, a/c Harbor Cove,
Inc., Vansion Road, Nassau Point,
Cutchogue, New York, for a variance
in aceorda~ce with the Zoning Ordi-
nance, Article III, Section 304, for
permission to reduce front yard set-
back. Location of property: south side l
Sailors Lane, Nassau Point, Cuteho.g. oure~!
New York, bounded l~orth by Sauo
L~ne, east by Harbor Cove, Inc., south/
by wunneweta Pond, west by Harbor/
of Stanley Corwin, Esq., 114 Main
Street, Greenport, New York, a/c John
M. Rodden and Wife, and Robert
Zimmerman and Wife for a special{
exception in accordance with the Zon-
ing ordinance, Article X Section 100~7,
subsection (b), for permission '~o
conforming multiple residence. Loc -
change the classificatio~ of a no~- '
tion of property: south side Main Road.
Orient, New York, bounded north
south by H. M. Demarest & Sons, west
by Private Road.
8:30 P.M. ES.T.) upon application
of Walter Uhl, a'c Henry J. Schuler,
Peconic Bay Blvd., Laurel, New York,
for a variance in accordance with the
Zo~fing Ordinance, Article III, Section
307, for permission to reduce the side
yard are~. Location of proper~y: south
side Peconic Bay Blvd., Laurel, New
York, bounded north by peconic Bay
Blvd., east by D. J. Stack, soulh bY
Great Peconic Bay, west by' M.
Any person desiring ia be hca~~d on
the above ~pplications shquld appear
at the ~ime ~nd place above specified.
BY ORDER OF THE SoLrrHOLD
COUNTY OF SUFFOLK
STATE OF NEW YORK
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 beer
published in said Long Island Traveler-Mattituck Watch-
successively, commencing on the ......... ?/...4 .......................
Sworn to before me this ....... :,~. .......... day o~
LEGAL NOTIC~
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of~
the amended Building Zone Or-'
cl~ance of the ~0~vn of Southold,
Suffolk County, New York, public
hearings will be held by the
Southold-Town Board of Appeals
of the 'l~wn of Southold, at the
Town Office, Main P~oo, d, Southold,
New York, on Novembe~ 17, 1966,
o1~ the following appeals:
7:30 P.M. (E.S.T.), Upon appli-
cation of George Ahlers, ~agenes~
l~ad, C~tchogue New York, a/c
George G~am, Nassau P~int
l~ad, Cu.tchogue, New York, for~
~ a variance in accordance with the
i Zoning- O~dinance, Article III,
Section 34)0, Sulhsection 6, for per-
rnhsslem to erect an accessory.
building ir~ the fro~t yard area.
I ,Location of property: east side
' Nassau Point Road, Lot number 68
i in Nassau Point Club Properties,
Inc., Cutchogae, New York.
7:40 P.M. (E.S.T.), UJ0on appli-
cation ,of A~i O. Carl,
trix of the ,will of Margaret L.'
Baurngartner, Mallard D r ive
Lloyd Neck, New York, for a var-
lance in accordance with the Zon-
ing Ordinance, A~tlele ILI, Sac~ion
397, for perrniesion to reduce side
yard area. Lecati0~ of property:
nortll wast corner of IAttle Peconic
Bay Road and Nassau Point Road,
lot number 144 in Na,ss~u Point
CLub Properties, Inc., Cutchogue,
New York.
8:00 P.M. (~.S.T.), Upon appli-
,cation c~f John A. Clarke, a/c
Harbor Cove, Inc., Vanston l~ad,
Na~au Point, ~C~tcho~ue, New
York, for a variance in accordance
with the Zonillg Ordina~qce, Arti-
cle III~ 8e~tio~ 304~ fop ~erm~s-
sion [o reduce fron~ yard setback.
Location of prope~-ty: sauth side
Sailors Lane, Nassau Point, Cutch-
,0gue, New York, hounded north
by Sailors Lan~, east by Harbor
Cove, Inc., south by wurmeweta
Road, west by Harbor Co~e, Inc.
8:15 P.M. (~I.S.T.), Upqn appli-
cation of ~tanl~y Co~win, Esq., 114
Main Street, Greenport, New
York, a/c Jokn~ M. l~odden and
Wife, and Robert Zimrnerman andi
Wife, for a special exception in
accordance with the Zoning Ov-
dir~ance, Article X, Section 1007,
sl~section (b), ~or permission to
chan~e the 'classification of a non-
conforrni~g multiple, residence.
Location ,o~ prcqoerty: soulh side
~vlain l~d, Orient, New York,
bounde,d north by M~n Road, east
by Frank ~. Miller, ,south bY H. M.
I~ernares~ & Sor~, west by Private
l~o~d.
8:30 P.M. (E~.~.T.), Upon al~pli-
cation ,of W~lter Lrhl, a/c Htmry
'J Schuler, p~c~nie Bay Blvd.,
Laurel, New York, for a variance
ir~ accordance ~with the Zoning
Ordinance, Article, III, Section
307, for permission lo reduce the
side yard area. Location of l~rop-
erty: south side PecO~liC Bay Blvd.,
i Laurel, New York, bounded north
by Peconic Bay Blvd., east by D.
~. Stack, south by Great Peconic
Bay, west by M. B. Pullman.
Any per, son desiring to be heard
]on the above applicatiol~ should
appear a~ the tirne and place
[ above specified.
/IX~TED: NOVF-~I~R 3, 1966 BY
ORDER OF ~HE SOUTHOLD
TOWN BOA-RD OF APPEALS
lt~lll
COUNTY OF SUFFOLK.
STATE OF NEW YORK. ? ss:
.... ~... ~- ,~.~. ~ ~,~.~'~ .~,a. ~, ~.~.. ~ing d,ly Sworn.
says tha~ .. ~.~y~is Printer and Publisher ~ the SUFFOLK
WEEKLY TIMES. a news~per pub~ish~
county; and ~at the naris, of which ~e .anne~d is a print~
copy. has ~en published in the ~id Suffolk Week~ Times
o.nce in each week, ~o'r ........ .~ ............. week~
successively commencing on the . ~ :~.~. .......
d~ ~f ...~'~':7~-. ~.. 19~.~.
S~n to ~f~e me this /~
. "~ ~ ~ .. J
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