HomeMy WebLinkAbout9961-z FORi~[ NO. ~
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTH'OLD, N. Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PP, EMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
9961 Z
Permission is hereby granted to:
.C~A~.L~:,..~. .......... ~ .......... (~.~.?t...,u...Z., L.~.?
:: ...... J.L't.-~....,.2.1~.IUJ. ld,~ ......... .~,~..~.~.D .......... th .~. .. .. .. :~ .~./a..E.A .C..~ ............ ~-..?..7../ ....................
at premises,located at ...................... ~,~...~..../~..~.~. ........... .g,C..e,.~./..~. ................................................
" -.....,.m'~ ......................................................... (?.--/d-, .~-~..-~--~. t..c.Z.~ ................................
and approved by the'
........ ; ...... ~'" ...........
"Building Inspector
MAIN RmAD- STATE RE}AD 25 SC}UTHE~LD, L.I.. N.Y. 11971
tELEPHONE (516) 76§~1809
APPEALS 8OARD
CHAP~LES GRIGON~S, JR., CHAIRMAN
SERGE DOYEN. JR.
T-~R .q Y TUTH~LL
ROBERT J. DOUGLASS
~ERAR~ P. ~eE~IN~R
Joseph H. Sawicki May 2, 1981
Richard F. Lark, Esq.
Main Road, Box 973
Cutchogue, NY 11935
Re: Appeal No. 2815 Request ~or Rehearing
Application of Charles A. Brautigam
Dear Mr. Lark:
Please be advised that the following action was taken at
a Regular Meeting of the Southold Town Board of Appeals held
Thursday, April 23, 1981 concerning the above-entitled appeal:
On motion by Mr. Sawicki, seconded by Mr. Goehringer,
WHEREAS, Appellant has applied to this Board by application
dated April 15, 1981 for a rehearing; and
WHEREAS, on April 17, 1981, this Board was served with~a
petition in an Article 78 proceeding to review the determination
of this Board made on March 19, 1981 in Appeal No. 2775;
NOW, THEREFORE, BE IT RESOLVED, under the circumstances,
the application for a rehearing is denied.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass,
Goehringer and Sawicki.
Yours very truly,
CG:lk
CHARLES GRIGONIS, JR.
CHAIRMAN
SUPREME COURT OF THE STATE OF NEW YORK
X COUNTY OF SUFFOLK X
In the Matter
of
W. HARRY LISTER,
-against-
Petitioner,
ROBERT GRIGONIS, Jr., SERGE
DOYEN, Jr., ROBERT J. DOUGLASS,
GERARD P. GOEHRINGER, JOSEPH H.
SAWICIKI, constituting the
ZONING BOARD OF APPEALS OF THE
TOWN OF SOUTHOLD,
NOTICE
OF
PETITION
Index No.
Respondents.
X
SIR:
X
PLEASE TAKE NOTICE that upon the annexed verified
petition sworn to on the 17th day of April, 1981, and the
exhibits annexed, an application will be made to the Court at
a Special Tern Part I thereof, to be held at the Count~urt
House, Grilling Avenue, Riverhead, New York, on the// day of
May, 1981, at ten o'clock in the forenoon~ or as soon thereafter
as counsel can be heard, for a judgment granting the relief demand-
ed in the petition, and that a verified answer, and supporting
ffzdavlts, if any, must be served at least five days before
such time.
PLEASE TAKE FURTHER NOTICE that pursuant to Section
7804 of the Civil Practice Law and Rules you are directed ~o
file with the Clerk of the Court your answer, and answering
affidavits, etc., together with a certif%ed copy of the transcript
of the record of the proceeding, together with the entire official
file containing the records of the petitioner herein held by the
respondents and referred to in said hearing as being in the record
the basis of: Petitioner's
real property which is the
in the county.
DATED: April 17, 1981
official records kept by the respondents herein.
Suffolk County is designated as the place of trial on
residence is in the county and the
subject matter of this action is with-
TO: ROBERT GRIGONIS, Jr.,
SERGE DOYEN, Jr.,
ROBERT J. DOUGLASS~
GERARD P. GOEHRINGER,
JOSEPH H. SAWICIKI,
constituting the ZONING
BOARD OF APPEALS OF THE
TOWN OF SOUTHOLD
RICHARD J. CRON, ESQ.
Attorney for the Petitioner
Office & Post Office Address
Main Rd.
Cutchogue, N.Y.~1935
(516) 734-5100
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
In the Matter
of
HARRY LISTER,
-against-
Petitioner,
ROBERT GRIGONIS, Jr., SERGE
DOYEN, Jro, ROBERT J. DOUGLASS,
GERARD P. GOE~INGER, JOSEPH H.
SAWICIKI, constituting the
ZONING BOARD OF APPEALS OF THE
TOWN OF SOUTHOLD, ~
X
PETITION
Index No.
Respondents.
X
The petition of W. HARRY LISTER, by its attorney,
RICHARD J. CRON, ESQ., respectfully alleges:
1. That at all times hereinafter mentioned, petitioner
owns and stills owns, in fee simple, certain real property sit-
uate at West Road, Cutchogue, Town of Southold, Suffol~ County,
New York, affected by the proceedings before the aforementioned
Zoining Board of Appeals in the Town of Southold, hereinafter
more fully set forth.
2. That Charles A. Brautigan is the owner in fee simple
of premises situate at West Road, Cutchogue, Town of Southold,
County of Suffolk and State of New York adjacent to petitioner's
premises, separated by a Right of Way.
3. Respondents, ROBERT GRIGONIS, Jr., SERGE DOYEN, Jr.,
ROBERT J. DOUGLASS, GERARD P. GOEHRINGER, and JOSEPH H. SAWICIKI,
at all times herein mentioned constituted and still constitute the
ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD.
4. That on August 30, 1978, said Charles A. Brautigan
applied to the Building Inspector of the Town of Southold for a
permit to construct a carport as an accessory structure in other
than his rear yard, which permit was denied in accord with a
notice of disapproval of the same date a copy of which is annex-
ed hereto as EXHIBIT "A".
5. On or about the 31st day of August, 1978, said
Charles A. Brautigan applied to the said Zoning Board of Appeals
for a variance to construct a carport in other than the rear yard
of his premises, acopy of said application being annexed hereto
as EXHIBIT "B".
6. That the aforementioned application of charles A.
Brautigan came on for a hearing before said Board on September
28, 1978, and that a public hearing was had on that date.
7. That the Zoning Board of Appeals on Thursday, Sept-
ember 28, 1978, granted said application in accord with the re-
quest of the applicant, to wit: to construct a three(3) stall
carport of a size 25'x25' to house two(2) antique cars and a family
car. A copy of the Zoning Board of Appeals decision is annexed
hereto as
8. That Wednesday, October 3, 1978, said Charles A.
Brautiga~ or his duly authorized 8gent, submitted to the Build-
ing Inspector an application for a building permit.to construct
a carport in accord with the variance granted by the Zoning
Board of Appeals under appeal ~2471.
9. That on or about said date of October 3, 1978, upon
information and belief, said application was amended by the
applicant,
with rooms
set of plans were submitted to the Building Inspector, which
substantially and materially did not conform to the variance and
approval that was granted by the Zoning Board of Appeals for
construction of a carport on September 28, 1978. A copy of said
application and plans submitted are annexed as EXHIBIT"D".
10. That on said date of October 3, 1978,
Inspector issued a building permit to construct a
or his duly auth6rized agent, to provide for a garage
(no kitchen) on line 2(b) of said application and a
the Building
carpo{t as
a copy of which
approved by the Zoning Board of Appeals #2471,
is annexed hereto as EXHIBIT "E".
11. That on or after October 3, 1978, said Charles A.
Brautigan commenced to construct a building which was in substantial
and material violation of the variance granted by the Zoning Board
of Appeals.
12. That petitioner herein received no notification of
the application to construct said
of Appeals, notwithstanding, that
petitioner's
13.
menced
carport before the Zoning Board
same substantially affects
property rights and values.
ThaC it was sometime after construction had com-
that petitioner learned of the building and its non-con-
formity with the variance granted by the Zoning Board of Appeals.
14. That numerous complaints were made by your petitioner
and his attorney to the Board of Appeals, the Building Inspector,
the Town Attorney and the Southold Town Board.
15. That finally, on or about July 15, 1980,~the Build-
ing Inspector was compelled to issue a "stop order" on the construc-
tion and a revocation of the building p~rmit issued on October 3,
1978.
16. That since no action was taken by the Building
Inspector to compel construction in accord with the variance grant-
ed by the Zoning Board of Appeals ~2471, a letter addressed by my
attorney seeking such relief (August 29, 1980) was sent'to the
Building Inspector and the Town Board, a copy of which i~ annexed
hereto as EXHIBIT "F".
17. That the action of the Building Inspector and/or
other parties in amending the variance of the Zoning Board of
Appeals was and is illegal, void and of no force and effect, and
and that the applicant should have restricted construction of his
building to that defined in the building permit granted on October
3, 1978.
18. That on or about December26,1980aid Charles A.
Brautigan brought an application to the Zoning Board of Appeals
seeking to amend the prior variance granted under Appeal #2471,
vacate the stop order and revocation of building permit by the
Building Inspector, and permission to construct a garage with
rooms, a copy of which is annexed hereto as EXHIBIT "G".
19. That said application came on for hearing on
January 22, 1981, before the Zoning Board of Appeals, and a public
hearing thereon was had on that date, a copy of the minutes of
said hearing being annexed hereto as EXHIBIT "H".
20. That your petitioner by his attorney appeared at
said hearing and objected to the granting of the relief requested.
21. That subsequently and on March 19,
ents herein, in
Appeals, granted
therin imposed,
EXHIBIT
their capacity as members
the application subject
a copy
of the
to certain conditions
of said decision being annexed h~reto as
1981, the respond-
Zoning Board of
22. That your petitioner claims and asserts that the
decision of said Zoning Board of Appeals in granting the application
of said Charles A. Brautigan to maintain his building as a garage
with rooms is in derogation of the following requirements :
Article III, Section 100-30(A)(1) which allows only one(l) single
family residence on each residential lot( Zoning Ordinance of the
Town of Southold).
b.) Article III, Section 100-32(A) which does not
permit an accessory building to exceed eighteen(18) feet in
height.
c.) ArticleXII, Section 100-121(B) permits a variance
to be granted only on proof of practical difficulty or unnecessary
hardship.
23. That the applicant failed to establish at the hea~-
ing before the Zoning Board of Appeals, on January 22, 1981, that
there were practical difficulties or unnecessary hardship in seek-
ing the relief requested; that on the contrary, the matters, facts
and evidence presented clearly established thai there was no hard-
ship at all, in that, it was the applicant's decision to voluntar-
ily to do that which was contrary to the variance that was previously
granted by the Zoning Board of Appeals; and the Board of Appeals
itself made no finding of hardship, and in fact, determined that
the "good faith" of the applicant was questionable; and therefore
the findings of the Board of Appeals should ba set aside as being
made without any evidence to support same, and as being against the
weight of evidence.
24. Petitioner also claims and asserts, that the grant-
ing of said variance, was, is, and will be detrimental to the
health, safety, '~omfort, convenience and general welfare of the
community and
reasons:
the petitioner and his family for the following
a.) That said structure is not in substantial conformity
and stands as an
with other accessory buildings in the area,
"eye-sore" in the community;
b.) That said structure is extremely close to the pet-
itioner's property, and in light of its size and height constitutes
a "second dwelling" on the applicant's property in violation of
the building requirements of the Town of Southold as defined in
ltd Zoning Ordinances;
c.) That the granting of the application permitting the
structure to remain was and is against the public interest and merely
to satisfy the purposes and desires of the applicant;
d.) That said variance instead of enhancing and con-
serving surrounding property values tends to and does decrease,
impairanddest~oy such values; ~
e) That permitting such illegal structure to remain, said
Board of Appeals encourages and fosters others to commit similar
illegal acts against the Zoning Ordinance, with full expectation
that upon seeking relief for such illegal acts, the applicant may
indeed be granted such relief.
25. That the granting of the variance by the Board of
Appeals constitutes a gross abuse of such discretion as may be vested
in the Board, if any, which has resulted in a substantisl hardship
and detriment to your petitioner, who as an adjacent property
owner is aggrieved and injured.
26. That the variance granted by the Board of Appeals
on March 19, 1981 should be reversed, annulled and set ~aside,
the application of said Charles A. Brautigan with respect thereto
denied, the revocation of the Building permit be reinstated in
accord with Art. X1V, Section 100-142 of the Zoning Ordiance, the
st~p order be reinstated pursuant to ArtoX1V~ Section 100-140 of
the Zoning Ordiance, any certificate of occupancy, if one has been
issued~ cancelled and revoked, and that ~aid Zoning Board of Appeals
be directed to order and cpmpel the Building Inspector to have the
applicant undertake, forthwith, a modification of said structure
so as to be in strict compliance with the variance
been granted the applicant ~o construct a carport
that had previousll
under Zoning Boar~
of Appeals # 2471.
27. No previous application for the relief requested herein
has been made to any court or judge.
WHEREFORE, petitioner respectfully requests that a final
judgment be made and entered herein, for the following relief:
aside the decision
(1) reversz g, annulling and setting
that respondents made on Marc~ 19, 1951;
(2) that respondents be directed to order and compel the
Building Inspector to have the applicant undertake~ forthwith, a
modification of said structu~ so as to be in strict
compliance with the variance that had previously been granted
the applicant to construct a carport under Appeal #2471; and
(3) for such other relie~ as the Court deems just and
proper.
Dated: April 17, 1981
W. Harry Lis~te.~,?-P~ti~ione~
'C
TOWN OF SOUTHOLD
BUILDING DEPARTMIENT
TOWN CLERK'S OFFICE
$OUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE t~t your app e~t on dated ~U~ 3o ,o 7~
for permit to construct ........................................ at the premises located ot ..........................
MaP ....................................Block ............................................ Lot ................................................ is
.., /.,~"f~ ?~,,, .........................
Building Inspector
TOWN CLERK
Building Dept.
Planning
Board of Appeals
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
765-3783
765-2660
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the ..... ~O~d- Og..Appeals ............. of the town of ..... Southolc[... '
(agency mvolved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
{check one)
................ New and recodified zoning ordinance
................ Amendment to the zoning ordinance
................ Zoning changes
................ Special permits
...... ~ ...... Variances
Charles A. Brautigam
West Road, Box 456
Cutchogue, New York
Appeal No. 2471
11935
Location of affected land: ....~e~.t.. ,~OAd.~., .C.~ 0~O.~.]3 ~. ,... ~...~Qr~ ................................................
within 500 feet of: (check one or more)
................ Town or village boundary line, or shore tine
................ State or county road, parkway or expressway
................ State or county park or recreation area
....... ~ ...... Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
Comments: Applicant was granted permission to construct a carport in
the side yard area for 3 cars.
(signed) Robert W. Gillispie, Jr.
............... ~a.A .r.m&n ..............................................
Date ~eceived by Suffolk County Planning Commission ......................... .
File No .................................
,LEGAL NOTICE ',
~ .' IMr~uan{ to Secttorl '26~ ~f
'c, the .To~ ~w and the
visions'of &e~Amended Build-
~g-~ne ~din~ of the
To~ of ~uthold, N~ York,
public hearings will ~ held by
the ~ning Bo~d of Appeals
at the Town ~1,' Main R~ad,
~uthold, New York, on ~urs-
day, September 28, ,1978,' on
the following appe~s. ,-
'7:30 P.M., (D.S.T.) Upon
application of ~ward and
Helen J~ko~, RFD, Ruth
R~d, MaRltuck, ,New York,
for · vadan~ in ac~r~ce
~th the ~nin~ Ordinan~,
A~ide Ill, $ection 1~-31 ~d
B~!k ~chedu~ ~r ~ission
~to ~ide p~ ~th tnsuf-
fi~enl a~a and
~tion of prope~: ~t N0~
Map ~. 5~3, Sunset Knolls,
Mattitu~k, New Yort~ ,- '~
7:~ F.M~, (D.S;T.).,~U~n
application 'of D~iel ~ ~d
.. ~ura ~h~bunko,,' 5 ~lltop
Court, Head of-the H~r,
~ames, New York, (Anthony P.
in accordance ~'ith the
Ordnance, Article III,-,Sec-
tions 1~-31,, 1~-33.
and 1~-36, for permission to
reduce ~nt and' side yard
setbacks, ~ation of pwpeay:
Map No. S126, Nunnakoma
Waters. ~t No. 5, Southold,
New Yort,
6:~ P.M2' ~
~4~ ~en~on Road. Glen
wrmnce m 8c~rdance with
the Zon~g Ordiuance, A~tcle
11I, Sc~ion 1~-32 for pe~is-
sion to construct a~ accessory
b~ilding~[0-~he [~n[ yard ~ar~a,:ff
~unded onthe ho~bp~Wes~',
Road; east by Gustave Buc-
ke~; south by Bay; west by
George H, Heet Estate.
8:~ P.M, (D.S,T.) Upon
application of Robert Wacker,
Nassau Point Road. Cut-
chogue,' New York,, (Peter
Stoutenburgh as agent), for a
variance in ac~rdance with
the ~ning Ordinance,' A~iele
III, Section 1~-32 for permis-
sion to add lO fe~t to present
garage located in front yard
area. ~cation of property:
Lots No. 7 and 8/Nassau Point
Properties, Cutchogue, New
York.
, 8:15 p:M, {D,$~T~}~.~ppn_.
COUNTY OF SUFFOLK
STATE OF NEw YORK ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said LOnrq Island Traveler-Watch.
man once each week for .... ,/.. .............. weeks
successivety,_~mmencing on the .....~ff. ....................
Notar~W'TPublie .......................
~K
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N, Y. 11971
TELEPHONE
(516) 765-1801
September 1, 1978
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2471, application of Charles
Brautigam for a variance. Also included are notification to adjoining prot
owners as follows:Geroge H. Fleet Estate, Cutchogue, N.Y. 11935; Gustave
Bickert, 512 Union Avenue, Woodridge, N.Y.07075
Judith T. Terry
Town Clerk
JTT/bn
cc:file
Enc./
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
to the Board of Appeals of the Town of Southold :
TO:
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Spec!al Permit) (the following relief: _)La
2. That the property which is the subje~ of the Pet t on s located adjacent to your property and is des-
cribed as fo lows: ~ ~ &~S~
3. That the propert~w~ch is~b~ subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request the following relief:
5. That the provLsions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: ffO~,-x.l-~ r.~A Z/~~, ~ ~ /o-e~ ~ ~ ~.,
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold~ New York and you may then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
-hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Petitioner
Post Offic~ddress.
/ FOl~l~I NO. 3
TOWN OF SOUTHOLD
BUILDING D~EPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No ................................................................... Dote /~) (,,/~:: ~,~O 19.1.~..?
° L
PLEASE TAKE NOTICE that your opp ~ton dated
c~ ~o~ ~ ~/~4~' .................................. '" ........
~or permit to construct ........................................ at the premises located at ....................................
~7~ U~'~ ~D ~treet
Map .................................... Block ............................................ Lot ................................................ ~s
,~,.~.~ h.~owith ~.~ ~i~opp~o~a o. th~ fo,,owi.g g~o..~ ........... ~.C~L~.5.~..~.~.Y ..............
.... ,(.q.~'.~....?.~..~Q. ...... )~.F ~r w~-~
Building Inspector
Memorandun~ from....
BUILDING INSPECTOR'S OFFICE
TOWN OF $OUTHOLD
TOWN HALL, SOUTHOLD, N. Y. 11971
765-1802
516 704-a 1 aa
August 29, 1980
George H. Fisher, Building Inspector
Southold Town Building Department
Town Clerk's Office
Main Road
Southold, New York 11971
Re: Charles Brautigan Application
Carport (Accessory Structure)
Dear Mr. Fisher:
We have been in contact with you on a number of occasions
in behalf of our client, Harry Lister, wherein we have indicated
that remedial action was necessary to correct a substantial
violation of the Southold Town Zoning Ordinance, and in particular,
the construction of a carport as an accessory building upon neigh-
boring lands of Charles Brautigan in a manner that went beyond
that which was authorized by the Zoning Board of Appeals.
A stop order was issued by your Department after the matter
had proceeded to substantial construction. Thereafter, we are
advised that no further construction had taken place but that the
owner in fact was occupying the premises without benefit of a
Certificate of Occupancy.
The finished structure is not in conformity with other car-
ports in the area, and in particular, that in existence on the
Lister property. The structure is beyond the height permitted
for an accessory building under the Southold Town Zoning Ordinance,
and appears to contain an area above ground floor unnecessary for
a carport.
In the light of the fact that no action had been taken to
remedy the situation, my client respectfully requests that immed-
iate steps be taken to compel the owner of the structure to modify
same so as to be in accord with that which was granted as an acces-
sory structure by the Southold Town Zoning Board of Appeals.
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HALL
SOUTHOLD, N. Y. 11971
TEL. 765-1802
July 15, 1980
Mr. William Beebe, Builder
New Suffolk Lsne,
Cutchogue, New York 11935
Dear Bill:
You shall suspend all work being done on the
accessory structure in the front yard of Charles Braughtigam
at 675 West Road, Cutchogue under Building Permit #9961 Z.
You shall suspend all building activities until this stop
order has been rescinded.
Work may be resumed after the building inspector is
satisfied that the building is in compliance with the Code of
the Town of Southold, Chapter 100 Zoning.
The building does not conform to the plans submitted and
approved. Please submit an up dated set of plans of the
structure to include floo~ plans, elevations and cross sections.
Also, a plot diagram of the location of the building on the
property.
Yours truly,
George H. Fisher
Senior Building Inspector
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
~OUTHOLD, N. Y.
................
proved .................
'"~'""~'~:~'"'"~'~'"'"~~7~ ...... Z~. ......... ~.~__
. . ...... : ..... ~...~.~....~ ............ ~.~ ..............
I --NO ~LO~L- ~ TO ~7 (Building Inspector) ~
APPLICATION FOR BUILDING PERMIT
Z- ~0 ~LOS~ ~ ~1 ~o Date ................. ~,~,....,~.~ ...... ,
I NSTEUCTIONS
a. This application must be completely filled in by typewriter o~. in ink. and submitted in triplicate to the Building
Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relat[onship to adjoining premises or public streets or
areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application.
c. The wore 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 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 of a Building Permit pursuant to the
BuiJding Zone Ordinance of the Town of Southold, Suffolk County, New YorE, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The appticant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to
admit authorized inspectors on premises and in buildings for necessa~.inspections.
........ (~'i~'~';tG';; ;i";'~'~ii;;;~;t:"~r n~'~';, 'ii '~"~'~p'~;;~i;;;;) ......
(Address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
Name of owner of premises .......... C./~.~..~.~ ......... ~.: .......... ~ .~......~..~.~.~ ...........................................
If applicant is a corporate, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No ....................... ; .............................
Plumber's License No .................................................
Electrician's License No ............................................. /~00~ // D - 7-
Other Trade's License No ...............................................
Location of land on which proposed work will be done. ~op No.: ....... ~ .................. Lot No.
/ ~ .qt. ,~ ,~, 0,~-~ ~4~. ~-
Street and Number,.~,~, .......... ~ ............................................. : ............ !"~'"': .....................................................
Municipality
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Exisiting use and occupancy A~ c~/~ ~
b. Intended use and occupancy ................... .~.,..- ................................ ,~, .....................................................................
3, Nature of work (check which applicable): New Building, ......Z. ......... Addition .................. Alteration ................
Repair .................. Removal .................. Demolition .................... Other Work .....................................................
(Description)
4, Estimated Cost ..... i ....................... ~ ............................... Fee ..........................................................................................
(to be paid an 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, commercial or mixed occupancy, specify nature and extent of each type of use ............................
7. Dimensions of existing structures, if any: Front ............................ Rear ................................ 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 .................... · ............... Rear ............................ Depth ........ .'~':: ............
I-~eight ......... ........... Number of Stories .....................................................................................................................
9. Size of lot: Front '
........................................................ Rear r- Depth ,
10, Date of Purchase ......................... : .............................. Name of Former Owner ........ '.!..J. ....... :L.....' ............
11, Zone or use district Jn which premises are situated ...................... : ..............................................................................
12. Does proposed construction violate any zoning law, ordinance or regulation: ........................................................
13. Will lot be regraded . ........................... Will excess fill be removed from premises: ( ) Yes ( ) No
14. Name of Owner of premises ...:.. ;.: .: .............. '..,.'.....:.....¢ ....... :'Address ................................ Phone No .......................
Name of Architect .............................................................. Address ................................ Phone No .......................
Nome of Contractor ............................................................ Address ................................ Phone No .......................
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions fram
property lines. Give street and block number or description according ta deed, and show street names and indicate
whether interior or corner lot.
STATE OF NEW YORK, , ~ ¢ c
COUNTY OF ................................
.............. ~ .................................... '. ........... '. ................................. being duly sworn, deposes and says that he is the applicam
(Name of individual signing contract)
above named.
He is the ..................... ; ....... '.,., ..................................................................................................................................................
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work end to make and file
this application; that all statements contained in this application are true to the'best of his knowledge and belief; and
tho'r the work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this
........................ day of ............................................ , 19 .......
Notary Public, . ................................................... County ................................. (Signature~'"'"": .................... of applic~/r~t): ...... Z..-.~; ...................
I~ABI~TTE C. CONtlO~
~IOTARY PUBLIC, State o! New York
Suffolk ~ounty No, 52-57928~B ~
Commi~n Expires March 38. 19 ~
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
DAT
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD,
Name of Appellant Street and Number
......... ..~,. .............. H REBY APPEAL TO
Municipality' ~tote
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLiCATiON FOR PERMIT NO ..................................... DATED ...... ¢~ ..............................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
.......
Name of Applicant for permit
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
l. LOCATIO'N OF THE PROPERTY .................. ...~...~:.-~.....~'.,......~.:,.~.. ............. ..~Z.,....~.....~.,.~]~..?..~....~..~?.~. ......
Street
Use District on Zoning Map
.......... (..L.O. ......... 7. .......... ..re. ....................
Map No. Lot No.
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,)
3, TYPE OF APPEAL Appeal is made herewith for
('1~ A VARIANCE to the Zoning Ordinancq or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 S, ec. 280A Subsection 3 , ,
( )
4. PREVIOUS APPEAL A previous appeal ~r~) (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
A Variance to the Zoning Ordinance
is requested for the reason that
Form ZB1
(Continue on other side)
REASON FOR APPEAL , Continued
1, STRICT App,LICATION OF THE ORDINANCE would produce practical difficulties or unneces-
soryeI,'IAP',D, SHI~' because, ., . .~ ;/"/~.~.. L/+c/~e,,,..,~' ~ ~ ~ / ~O ~iD~~
vicinity of this property and in this use district because
The
hardship created is&UNIQUE and is/~shared by (311 properties alike in the immediate
The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CftARACTER OF THE DISTRICT because
STATE OF NEW YORK )
)
COUNTY OF ...~ol"~azt< )
SS
Signature ....
Sworn to this ~'5/s-~/ .... day o ............... ~,¢;~. ... 19 7g
~ JANE FLATLEY
NOTAI~Y PUZ]LIC, State of New York
52-4665418, Suffolk County.~
~,~ramislion E, xpiro~ Mar;h 30,
PROOF OF MAILING OF NOTICE
NAME
4`99`99673
RECEIPT FOR CERTIFIED MAiL
flO INSURANCE COVERAGE PROVIDED-
NOT FOR INTERNATIONAL MAIL
(See Revers())
ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
(_° ~.C't' c f~ o q ~ ~v~ ~ being duly sworn, deposes and says that on the _'~ I _ day
of _~___~' _ 19 ~ ~ _., deponent mailed a true copy of the Notice set forth on the re-
verse sid-~ her~'of, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of~
flceat C.,~'cc Lo,[,.,-~_ t ~ ~ ' ; that said Noti)~s were mailed to each of said persons by
(c~rtified) (registered) mail.
//
Sworn to before me this
day of;~.~ff~-- ,19
IqOTARY PUBLIC, Stote of New
-4665418 Suffolk County--
No 52_
~ommi~ion ~.xptre~ Mor~h 30, I
LEGL~LNOTICE variance in accordance with
the Zoning Ordinance, Article
NOTICE~FttEARINGS III, Section 100-S2, for per.
' ' ection 267 of mission to construct a garage
Pursuant toS - the in the front yard area.
the Town Law ann . J Location of property: Private
provisinns~ of the Amonaeu
inance' of Road (Hyatt Road) $outhold,
Building Zone Ord ~,~,~, v,~ bounded on the
~he To~vn of Seuthold, .~e~w~ ~;;~h ~)~'~'ong Island Sound;
York, public hearings wm ~
n Board of east by A. Gina; south by
held by the ZOrn Lg. .... rioht-oi-way; west by R.
ApPg~als at t~eou~O~, ~ae~~ B;~wn and P. R. Bm. U on
Main Road,__ - Se- 8'30 P.M. (D.S.T.)
York, on .Tnursnay, ~P'' o,~lication of Sandra' Have
tember 28, 1978, on the ]~ Mary Tloczkowski, 22
following.app~ey~l.~:~;_; "-~n Edison Lane, Bayville, New
'~ 7:~0 '.P:~: (D~.'r ~ Ya~nnd "York, (Gary P,", 01sen:.Esq:)
a hcatton,, o[, Edw~a~d, ~, "for a special exception, m
~tPe~n Jaskowmk, RF~, rmL- · aecordan'ce ,with the~ Zoning
Road, Mattituck, New .~or~, ~ Ordinand~.~ti~lq III,Secti0n
Artic,l,e '~, J ~ "ion ;i~'ballclul~t ' ' g..:'
bulk ~chedme io~ per~,)?. ~;' Lecafiofi: ~'broperty:~ Norm '
to divide property w~th~,!~n-~.Road' Peco~c,-Ne~%'Yark,
wi~m
suffic!ent ~,are. a a~n.d... "o' bounded on the nor~.h, by.
Location of proL~r~Y,t~ls' Middle Road; east by Haas,
4 Ma No.~2a,~uuse~r~ , south ..b'/ Long Island
~Iatt~cki New York. -. ' 'Railroad; 'west by Case.
7:40 P.M. (.D~S.T..) .upon~ Dated' September lS, 1978
application'oI ~amel ann ' BYORDEROF
Laura Shybunko, 5 Hilltop THE SOUTHOLD
Court, Head of the Harbor, St. TOWN BOARD
JameS, New York, (Anthony OFAPPEALS
p. DeRiggi, Esq.), for a
variance in accordance with 1TS21-3962 _
, the Zoning Ordinance, Article ~ :-~
III, Se~tlons 100-31, 10~33,
34 and 100-36, for permission to
reduce front and side yard
setbacks. Loeatinn of
property: Map No. 5126,
Nunnakoma Waters; Lot No.
5, Southold, New York.
variance in accoraance w
the Zoning Ordinance, Article
III, Section 100-32 for per-
mission to construct an ac-
cessory building in the front
yard area. Location
property: West Road, Cut-
. chog~e, New York, bounded
on the nor~ by West Road;
east by Gustave Buckert;
south by Bay; west by George
H. Fleet Estate.
8:00 P.M.' (D.S.T.) Upon
application of Robert Wacker,
Nassau Point Road, Cut-
chogue, New York, (Peter
Stoutonburgh as agent), for a
variance in accordance with
the Zoning Ordinance, Article
III, Section 100-32 for per-
miSsion to add 10 feat to
present garage located in
front yard area. Location of
property: Lots No. 7 and
Nassau Point Properties,
Cutobogue, New York. ·
8:15 P.M. (D.S.T.) Upon
application of Rein Narma,
t000 private Road, (Hyatt
Road), Soathold, New York,
(Robert C. Wertz, Esq.) for a
COUNTY OF SUFFOLR,
? ss:
STATE OF NEW YORK,
.... T~oy.. ~.tavaon ................. b~ing da
s~s tha~ .. ~.., is Printer ~nd Publisher o~ ~e SUF:
WEEKLY TIMES, a news~pe~ publish~ ~t Greenport, i
county: and ~at the noti~, of which ~e annex~ is ~ p
~py. has been published in ~he s~d Suf~lk W~k~
once in each week, f~r . P~. ,(~) ..................
suc~ssively commencing on ~e . .~Y,q~Y.~iM$~...
Septembo~ _~ m 78
...... ..............
/ ......
~ m ~,flc!k Con "
TOV~N OF SOUTHOLD, NEW yOi~K
Appeal No. 2471 Dated August 31, 1978
ACTION OF THE ZONING BOARD OF AFPEALS OF THE TOWN OF SOUTHOLD
To
Charles A. Brautigam
46 Benson Road
Glen Rock, New Jersey
07452
DATE OCt. 11, 1978
Appellant
at a meeting of the Zoning Board of Appeals on September 28,
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 /or a variance to the Zoning Ordinance
( )
1978 the appeal
L SPECIAL EXCEPTION. By resolution of ~e Board it was determined ~ a ~ecial exception ( ) be
~a~ed ( ) be de.ed p~suant to ~ticle .................... Section .................... Subsection .................... para.apb
.................... of the Zoning Ordinance and the decision o£ the Bulldog I~pector ( ) be reversed ( ) be
co~medb~ause 7:50 P.M. (D.S.T.) Upon application of Charles A. Brauti-
gem, 46 Benson Road, Glen Rock, New Jersey, for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-32 for permission
to construct an accessory building in the front yard area. Location of
property: West Road, Cutchogue, New York, bounded on the north by West
Road; east by Gustave Buckert; south by Bay; west by George H. Fleet
Estate.
2. VARIANCE. By resolution of the Board It was determined that
(a) Strict appl/cation of the Ordinance (would_) (would not) produce practical difficult/es
hardship because
SEE REVERSE
(b) The hardship created (is) (ia 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 sp[rlt et the Ordinance and (would)
change the character of the district because
SEE REVERSE
(would not)
and therefore, it was further determined that the requested variance ( ) be granted
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed,
) be denied and
After investigation and inspection the Board finds that the
applicant requests permission to construct a 3 stall carport to be
located partly in the side yard and partly in the front yard to
house 2 antique cars and his family car. The size of the carport
will be 25 feet by 25 feet.
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hardship
created is unique and would not be shared by all properties alike in
the immediate vicinity of the property and in the same use district;
and the variance will not change the character of the neighborhood
and will observe the spirit of the Ordinance.
On motion by Mr. Grigonis, seconded by Mr..Douglass,.it was
RESOLVED that Charles A. Brautigam, 46 Benson Road, Glen Rock,
New Jersey, be GRANTED permission to construct a carport in the front
yard area. Location of property: West Road, Cutchogue, New York,
bounded on the north by West Road; east by Gustave Bickert; south by
the Bay; west by George H. Fleet Estate, subject to the following
conditions:
(t) The carport shall be no closer to West Road than the
adjoining carport on the Lister property.
(2) The carport shall be no closer than 5 feet to the westerly
line of the property.
Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill
and Douglass.
60Cq
J
4-
%
'~o //
C,
U
WiTHI]~JT CERTIFICATE
OF OCCUPANCY,
./
?L/.'/
9~CUPANCY OR
~"~' B UNLAWFUL
t~i~T CERTIFICATE
OCCUPANCY
APPROVED AS NOTED
FEE _ BY: .,~
NOTIFY BUILDING DEPARTMENT AT
765q802 9 AM TO 4 PM FOR TH~
FOLLOWING INSPECTIONS.
1. FOUNDATION . ~/O R~QUIRED
FOR POURED CONCRETE
3 INSULT GN
t