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TOWN OF SOUTHOLD, NE%V ~(~RK
Appeal
713
ACiqON ¢)1' THF ZONING BOARD OF APPEALS
Dated Septem~r 11,
ACTION Q.F THE ZONINQ BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
~nest W. Jones a/c Gordon Hayes
N~ York Cu~hogue, N~ York
1~64
Appellant
1964
at a meeth~g of the Zoning Board of Appeals on 'fPlursday, Septetmber 24,
was considered and the action indicated below was taken on your
, ~ Request for variance due ~ lack of access to properly
{ ) Request for a special exception under the Zoning O~dinance
~ ) ~eques~ for a vari~ce to the Zoning Ordinance
1964he appeal
1. SPEC]AL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
grant~d ( ) be d;e~ed pursuit go A~}c~ ........................ Section ........................... Su~tl~ ............................ paragraph
.................... of the Zoning Ordinance, and the decision ol the Building Inspector ( ) be ~ver~d ( ) be
confirmed becauae
8~00 P.~ (E.D.S.T.), u~ application of ~r~est N. Jones,
~ttituck, N~ York, a/c ~or~n ~yes, Nassau ~lnt ~d,
Cutch~ue, N~ York, for a vat.nee ~ ac~r~ce with ~e
ZonXng Ordinance, ~tXcle Ill, Section 300, Subsection 7, for
~miss~n to ~t ~ accesso~ bulldog in ~e fret yard
~d nor~ by r~ght-of-way, ~st by ~nic ~y, sou~% by
~vXe, west ~ Nassau ~int R~d.
~. VARIANCIf. B~ resolution of the Board it'was dete~nined that
fa) Strict app]i0at~on of ~he Ordinance {would) (would not) p~oduce pn~ctical difficult~s or u~ec-
essa~ hardship becau~
(O) The hardship created (is) (is not} unique and (would) (would n,ot) b,e shared by all properties
alike in the immediate v~cinity of this 9roperty and in the same use district because
(c) Tht variance (does) (does not) ,observe the spirit of the Ordinance and
change the character of the diata'ict boca,use
(would) (would not)
and therefore, it was further determined that the requested varia~ce ( ) be granted ( ) be deni,ed
and that the prewious decisions of th,e Building Ins,pector ( ) be confirmed ( ) be rev.ersed.
FORM ZB4
ZONLNG BOARD OF APPEALS
Barbara A. Carrosa, Secretary
After investigation and inspection the Board finds that
Gordon Hayes wishes to ~onstruct a garage in the front yard
area. The Board agrees with ~he reasoning of the applicant.
This is a waterfront lot. making it i/apoesible to locate the
garage Xn the beck yard area due to ~he slope in the land.
Other garages In the area are also located in the front yard,
therefore, the characler of the neighborhood will not be
harmed.
The Board finds that strict l~application of the O~dinance
will produce practical difficulties or unnecessary h&rdshi~
the hardship created is un~que and would not be shared by all
properties alike in the ~unmed~te 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.
Therefore, it was ItESO~V~D that Ex, lest w. Jones, Mattituck,
New York, a/c Gordon Hayes, Nassau Point Road. Cutchogue, New
Y~rk, be granted pereiesion to put an accessory building in the
front yard area, on property located east si~e Nassau Point Road.
Cutchog~e. New York. subject tothe following conditions=
1. The garage should be erected at least 60 feet from the
Main Highway.
2. The garage should be erected at least 7 feet from the
private right-of-way on the north.
NOTICE OF HEARIN(~
Pursuant to Section 267 of the Town
Law and the provisions of the Amend-
ed Building Zone Ordinance of the
Town of Southold, Suffolk County,
New York, 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
September 24, 1964, on the followin
appeals:
tion of John G. Glander, Grathwohl
Road, New Suffolk, New York, for a
variance in accordance with the Zon-
ing Ordinance, Article III, Section 307.
for permission to attach the garage to
the house with insufficient sideyard.
Location of property: East side Grath-
wohl Road, New, Suffolk, New York,
I bounded north by Guido Petrusa, east
by Orathwohl, south by Bruno Zu-
hoski, west by Grathwohl Road.
7:45 P. M. (E.D.S.T.), upon applica-
tion. of Daniel Smith, Southold, Ne
York, a/e Thomas Pepe, Kenney's
Road and 8oundview Avenue, Southold,
New York, for a variance in accordance
w th the Zoning Ordinance, Article III
I Sectlon 306, for permission to build an,
,addition with insufficient front setback.
Location of property: northwest corner
of Soundview Avenue. and Kenney's
Road, Southold, New York, bounded by
D'Antonio-Pepe, east by Kenney's
Road, south by Soundview Avenue, west
by Schriever-Great Pond.
8 00 P. M. fE.D.S.T.), upon applica-
tion of Ernest W. Jones, Mattituck,
New York, a/c Gordon Hayes, Nassau'
Point Road, Cutehogue, New York,
a variance in accordance with the Zon-
ing Ordinance, Article III, SecHon 30D~
Subsection 7, for permission to put an
accessory building in the front y,~rd
area. Location of property: e~t side
way, east by Pegonic Bay, south by
Davis, west by Nassau Point Road.
Any person desiring to be heard on
the above applications should appear
at the time and place above specified.
DATED: September 10, 1964 ~.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
COUNTY OF SUFFOLK ~
STATE OF NEW YORK ~ ss:
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 been
published in said Long Island Traveler-Mattituck Watch-
man once each week for /
· -4: ...... :,.¥,u ...(...;: ..... weeks
successively, co.mmencing on the
doy ...: ......
.................................. ....
Sworn to before me this ...... ~/....';~ ........ day of
( -
......... ./. ,
Notary Public
I9'OTZCg OF I'IBBR~G
Pursuant to Section 267 of t_he Town Law and the provisXons
of ths Amended BuXldinq Zone Ordinmnc~ of the To~n of Sonthold,
SuffoLk C~unty, ~lew York, public hearings will be held by the
Zoning Board of Appeals of the Town of Southold, at the ~
Office, Main Road, Southold, ]~e~ York, on SeptemJ~r 24, 1964,
on the follOwing appemls:
7:30 P.M. (E.D.,S.T.), upon application of John G. Glsnder,
Suffo~, ~ York, ~n~d nor~ by ~u~ ~t~s~, ~
7:4!5 P.~. (E.D.S.T.), upon application of l~iel smith.
Southold, Se~ 'fork, a/c ~o ~. ~ey*o R~d ~d S~
A~nue, S~old, ~e~ ~ork. ~or a v~nce ~ accor~nce ~
of pro~rty: sorest co. er of $~L~ Avenue and ~e~ey's
R~d, a~old, N~ York, ~d n~ ~ D'Mtal~, east
by ~ey's R~d, s~ by So~i~ Avenue, west bF S~ver-
Mattituck, New ~fork,
Cutchogue, New York.
upon applicat~n of Ernest w.
a/c ~ordon Hayes, Nassau Point Road.
for a variance in accordance with the
ordinance, Art4cle ~I~, sect4o~ 300, Subsection 7, for
Location of property=
club Propez~y, Inc.,
east side Nassau Point Road. Nassau Point
L~t ~ 29, Cutchogue, New York. b~Jnded
eouth byDavia,
Any person dee:lxing to be heard on
should appear at ~e t~ ~d place ~e
DADO: Se~r 10, 1~
BY ~ ~ T~
~N B~ OF
P~ ~LXS~ ~E, SE~ 17, 1~, ~ F~D ~ (4)
~F~VI~ OF ~ATI~ ~~Y TO
Copies ~iled to ~e fo11~ ~ Se~r 11. 1~4=
~ ~ ~81and ~a~ler~ttltu~ Watc~n
J~ G, ~l~r
E~est J~es a/c ~r~n
S(:J~:O~K ~O~LD APPr.~ AT THE
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N. Y.
ROTICE OF DISAPPROVAL
File No ............................................................... Date ................ , ...... Se.phemhe. r...ll.. 19..6.l*.
To ..]~.n~.s~..ff. ones. A/C..Gor. d.on..Ha.~.as..
............... I~ .~..~.~, .t..uc.l~.,...~,L ..............................
PLEASE TAKE NOTICE that your application datecl ........... S.el~.t.embeIL.11 ........19..(~.1,.
for permit to construct ..garage ..................... at lh¢ pr~m,~ses located at ...... E/.S
..l~.~ad ............................................................ Street Cutchogue
Map ..N...a.s..s...a..u...P..o..~.t...C. ],~b.,.t~c~t) ..................................... Lot ........ 29 ............................... is
~ disapproved on the followin? ground,: ..Acnesao=7..buil~tin§ ......
· ..In..~'~.ont..~a~d..area ........ Ar t~..-I.~.!~...s ee...-. 3 O0. sub..? .................................................
TOWN OF $o~TNOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Examined ......................................... 19 ........
Approved ........................................ , 19 ........ Permit No .................................
Disapproved a/c ..............................................................................................
Application No .............................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date ............................................................ , 19 ............
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 propertymust be drawn on 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 of 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 end regulations.
.... ......... ........................
(Signature of applicant~9f name, if a corporation)
(Address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
Name of owner of premises ......... .~.'..~..~.c~ ...... ~ ................. /~T/...~...~ ..................................................................................
If applicant is a corporate, signature of duly authorized officer.
(Name and title of corporate officer)
1. Location of land on which proposed work will be done. Map No: ............................................ Lot No: .....~....~ ..........
Street and Number ..... ~.n~.$.5../~...~.........~....~...i.~....-~....~.~...~.~ ...................................................................................
Municipality
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
o. Existing use and occuponcy ...................................................................................................................................
b. Intended use and occupancy .,../.......~....~.~ ........ .~..../~.~..~..~..~m.. .........................................................................
3. Nature of work (check which applicables: New Building .................. Addition ..~, ............. Alteration ..................
Repair .................... Removal .................... Demolition .................... Other Work (Describe) ......................................
4. Estimated Cost ..... 7...~..~ ...... ~ ......................................... Fee
(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 ....... J......¢.~.~ ....... .-.......'.,....gS,/..i..~...~ ...... .~..~...~..~....~....~...~......~.P.~....~.~.Lc(..~...~....-~..~¢~.~ ~;
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ................................
7. Dimensions of existing structures, if any: Front ...... ff...~.. ............ Rear ..... ~....?.. ............. Depth ,~ o"
Height ..../..~,.../. ............... Number of Stories ....... Z .....................................................................................................
Dimensions of same structure with alterations or additions: Front ...T ............................ Rear ............................ :...
Depth ~ Height .............................. Number of Stories
8. Dimensions of entire new construction: Front ..... ~..~-., ................. Rear ....~...~. .................. Depth .../..~.. ...............
Height ..../..~...'. ................ Number of Stories .../ .......................
' ................
9. Size of lot: Front ../.?...~..x'.. ............ Rear ...Z.~...~. ................ Depth
10. Date of Purchase ............................. /..~....o~...~. ............... Name of Former Owner ....~.J~.~'..~ .........~....L,¥...~..~. ............
11. Zone or use district in which premises are situated .................................................................................................
12. Does proposed construction violate any zoning law, ordinance or regulation? ......................................................
13. Nome of Owner of premises .~.~.~.~./~...../~-.~.~..S....Address ..]~/.~.~..~..~.~.....~.~.;.~..~.... Phone No .....................
Name of Architect ...................................................... Address ............................................ Phone No. ~ ............
Name of Contractor .~....~..,~..~...~..~...J,~.~..~...R~.~.....~...Address ..Z~...,~.~.J.'..~...~..~..(.~. ....... Phone No.~/~.~.~...~c~...~
PLOT DIAGRAM
Locate clearly and distinctly oil buildings, whether existing or proposed, and indicate oil set-back 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.
-
STATE OF NE~vV '~ORK,,
COUNTY OF ...~..~ ~'?'
~bove ~med. He is the ............. ~ .......................................................................................................
(Contractor, agent, co~orate officer, ~tc.)
o{ said owner or owners, and is duly authorized to perform or h~ve performed the said work and to make and file
this application; that ~11 statements contained in this application are true to the best of his knowledge and belief;
and that the work will b~ performed in th~ manner set fo~h in the application filed therewith.
Sw°rn }~b~re ::ytho~ ~ ,19~
................. ........ ..................
~oto. Pub ~~....~x'~'
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~/3
DAT£ ........~...~.]~.t..~.~...b.9.?..' ].1,
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
.e. of ............................... ....
Name of Appellant Street and Number
........................................ ~.~;~o~ ............................................ ~v ...... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ....... 8~p.tember...11~...19.6.1+...
WHEREBY THE BUILDING INSPECTOR DENIED TO
Ernest Jone. a.. A/.=..G~rdon..Ha~as ..............................
Name of Applicant for permit
of
.Has~au..P~t..~&a~ ......... Cutohog. u~,...~.~: ...........................................
Street and Number Mumcipality State
) PERMIT TO USE
) PERMIT FOR OCCUPANCY
(X) Permit to build accessory building (PVT garage) in front yard area
1. LOCATION OF THE PROPERTY .Nassa=.P. aint..~oad ............... !:A~!..~i~tr~c.~ ...............
Street Use District on Zoning Map
..N..a...s.~.u.....P.~..i..n..t....O...1..ub...~.~'.~p...~..~ ................... Cutchogue, N. ¥.
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 Ordi,nance.)
Artl~le III, ~_eetien 300 ~"_b~eet. 7
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 ~]]O~ (has n~ot) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was~) request for a special permit
~--~equest 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
,s requested for the reason that I It is impossible to erect a private garage in
the rear yard area on this property. The driveway is already installed
and has been used for a lo~E rtime.
~'onu ZB~ (Continue on other side)
REASON FOR APPEAL
Continued
1. STR!CT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sob HARDSHIP because ~ This is a waterfront lot where it is impossible
to build a garage in the rear yard area, the land is rolling and has
high bluff in front of the house.
2. The hardship, crea.ted is UNIQUE and is not shared by all p(operties alike in the immediate
vicinity of this property and in this use district because ~ This lot ls deep, the house is
near the water, and the lot is rolling and slopes to the north.
3. The Variance would obse~e the ~irit of the Ordinance a~ WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT becau~ ~ There are m~y other garages in the
front yard area on this street. The proposed garage will be located
in the most suitable place and will not harm or change the neighborhood.
STATE OF NEW YORK )
)ss j.~; .....
COUNTY OF/~.~
Notary P~lic
Z~rm ~pires ~rc~ ~0,