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Home My WebLink About466~LAVI~, RAYMOND J. 88-89 Hollis Court Boulevard Belai~e, New York (Emo~y R. Tuthill) DENIED permission to reduce front yard setback on corner of Oak Drive and Broadwaters Drive, Cutchogue, New York. TOWN OF SOUTHOLD, NEW YORK AGTION OF THE ZONING BOARD OF APPEALS Appeal No. 466 Dated May 24, 1962 ACTION OF THE ZONING BOARD OF APPEALS OF/OWN OF SOUTHOLD Emory R. Tuthill, a/c Raymond J. Slavin lo Cutchogue, New York 88-89 Hollis Court Boulevard Belaire, New York Appellant at a meeting of the Zoning Board of Appeals onThursday, June was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 7, 1962 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception m III ~ 306 (X) be granted ( )be de~ied pursuant to Article ................ Section ................ Subsection.~ .............. paragraph ................ of the Zoning Ordinance, and the decision of the Buildin9 Inspector ( ) be reversed (X) be confirmed because: This is an application for a variance to permit addit~,on to an existing res~idence. This addition was started and about 70% completed before application was made for a building permit. The builder claims that he thought the owner had secured a permit before the work started. Nevertheless the builder continued the construction after the violation was posted. When he applied for a permit he was advised at the Building Depart- ment that under no circumstances should he continue construction until his application for a variance was heard. ( OVER ) 2. VARIANCE. By resolution of the Board it was determined that (al' Strict application of the Ordinance (would) (would ~ot') produce practical difficulties or un- necessary hardship because (bi The hardship created (is) (is not) unique and (would) (would not) be shared by all 15roperties alike in the immediate vicinity of this property and in the same use district because (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because 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. l~"oe,~ z~* ~/ONJ_NG BOARD OF APPEALS%' Judith T. Boken, Secretary ,(Continued from front) This is a corner lot requiring a 35 ft. setback on both streets for new construction where no setback line has been established. This addition has been placed ab6ut 15 feet from the street property line. According"to the builder the only reason why the addition was not placed where permitted under the conditions of the Ordinance was the desire of the owner to retain some cupboards. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship, the hardship created, is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district, and the variance does not observe the spirit of the Ordinance and would change the character of the district, therefore it was RESOLVED that Emory R. Tuthill, a/c Raymond' J. Slavin, be denied permission to reduce front yard setback on a corner lot located on the corner of Oak Drive and Broadwaters Drive, Cutchogue, New York. 8:15 P.M. (E.D.S.T.), uponapplication of Emo~y R. Tuthill, Cutchogue, New York, a/c Raymond J. Slavic, 88-89 Hollis Court Boulevard, Belaire, New York, for a special exception in accord- ance with the Zoning Ordinance, Article III, Section 306, for permission to reduce front yard setback on a corner lot. Location of property: corner of oak Drive and Broadwaters Drive, Cutchogue, New York, bounded north by Oak Drive, east by C. T. Czark, south by Mary E. Belz, and west by Broadwaters Drive. LEGAL NOTICE NOTICE OF HEARING Pursuant to Section 267 oI the Town Law and the provisions of the Amended Building Zone Ord/nance of the Town of Southokl, . Suffolk County, New York, public hearings will be held by the Zoning Boarq of Appeals o£ the Town of Southold, at the Town Clerk Office, Main Road, Southold, New York, on June 7, 1962, on the following appeals: tion of t~obert Ketcham, Jr., East Marion, New York, a/c Park Diner, Greenport, New York, for a special ex- ception in accordance v~ith the ~oni~ Ordinance, Article IV, Section 408, permission to erect and maintain a i directiona! sign on the property or Charles Sage, south side l~oute 25, west of Sage Boulevard, Arshamomaque, NeW York. tion of Mr. and Mrs. Fred N. Bohlke Shipyard Lane, East Marion, New YoOk~ for a special exception in accordance with the Zoning Ordinance, Article II1, Section 300, Subsection 11, for permis- sion to erect and maintain a directional sigil on the property of Joseph Chere- poyich, corner of Route 25 and Ship- ~:00 P. M. (E.D.S.T.), upon applica- tion of the Eslate of William It. Was- soil by John O'Kecffe, 120 Court Street, Riverhead, New York, for a variance in accordance with the Zoning Ordinance, Article X, Section 1000A, for permis~ sion to d/vide property into two parcels leaving one parcel ~vith reduced front- age. Locaffmn of property: south side Peconic Bay Boulevard, Laurel New York, bounded north by peconic Bay Boulevard, east by other land of Wil- liam Wasson Estate, south by Orcat: Peconie Bay, and~ west hy property of Stelzer. 8:15 P. M. (E.D.~.T.), upon applica- tion Of E~i~)ry R. Tuthlll, Cutehogue, ~9 Ilo]lis C~urt Boulevard, ~ellaire, New York, for a special exception in aee~'daace with the Zoning Ordinance, Art{e~ 1ii, section 306,'for permission to reduce ~ront yard setback on corner lot. Location of property: corner of Oak Drive and Broadwaters Drive, Cutchogue, New, York, bounded north by Oak Drive, east by E. T. Czark, south by Mary E. Belz, and west by Broadwaters Drive. Any person desiring to be heard on the above applications should appear at the time and place above specified. DATED: May 24, 1962. By Order of the Southold Town Board of Appeals. COUNTY OF SUFFOLK ~ STATE OF NEW YORK!~ ss~ Wo]ter B. Gagen, being duly sworn, soys tk,c:t he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, o public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, hos been published in said Long Island Zrcveler-Mattituck Worth- man once each week for . ........... ./.,..~.~ .................. weeks successivelx, commencing on the ................ ~ ...... ~g..× ...... d~y of ...... ~.:~.z..~:~:.%: ......... 19..~.L~ J l~otice o~ He~z~ng 8uf~ C~t~, ~ Yo~, ~l~c h~n~ will ~ held ~ ~e Z~ B~rd of ~ls of ~ ~ of Sou~ld, a~ ~e CIo~ Office, ~ln a~d, S~old, S~ Y~k, ~ June 7, 7w30 P.M. (B.D.S.T.), upon application of Robor~ l(etchan, Jr, E~t ~n, N~ York, a/c ~rk D~er, G~rt, M~ York, for a e~l ~n ~ a~r~e wi~ ~e z~g ~d~n~, ~le ~, S~lon 4~, for p~aai~ ~ erect ~d M~ a d~t~al oA~ on ~ proprty of ~rlee ~ge, e~ a~ ~uM 25, ~st of Sage Boul~d, ~a~~, H~ Yo~. 724S P.M. (B.D.S.T.), upon application of M~. and Mrl, Fred N. Bohlke, Sh~ard Lane, East MarLon, New York, for a ArtiAle XXX, Section 300, subeection Il, for pemiAelon to erect and maLnUiA · d~ect~oeml ·~gn o~ the proper~y of Joseph Cherepoe~ch. corner of Route 25 and Ship]lard l~ne, Marion, Hew York. &tot 8z00 New York, (E.D.S.T.), upon appl~tt]m of the gat~te of Wesson by John O'Kee£fo, 120 c~rt S~t, RAved·ad, for a vsrmc* ~ a~or~ce wi~ b Z~ Or~nce ~ticlo X, Se~on 100~, for ~sion ~ d~vl~ ~o~rty York, ~d no~ b~ ~c ~y ~le~rd, ust by l~l. ge 2 - ]~.,ege.L Not.Lee o~her land of v411~m Wesson Eaters, south by Great Pec~:l.c Bay, and west by propert_¥ of Stalser. P.M. (K.D.~8. T.), upon appil~cat~on of a~ York, a/c ~d ~. $~8v~, to ~ fret ~d flh~ ~ a ~K lot. Cu~o, N~ York, ~d ~r~ prson ~a~r~ to ~ heard ~ May 24, 1962. By Order of the Southold Town Board of Appeals. PLEASE PUBLISH OHCE, HAY 31, ~9~2, AMD FG~fH~BD FIVB (5) AFF3DAVZTS OF FUBL~CATIOH TO T~ BOARD OF API~S, T~ ¢opLee mailed to the following ou May 25, 1962s The Long Xsland Traveler-HatLttuck Matchnan RoJMrt Ketchoi, Jr,, a/c Park D~er Mr. and Mrs. Fred lq. Bohlke John O*Kee~, e/c W~l~:Lmu WeIIG~ Est. a~e Bmor~ a. TuthAll, e/c aaymmd ~. Slav~n. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. , I, (We) .~r.~ ..... =d,~...;....%~......,.~.=.~.....~.== ........ of ....... .?.~..~.', ....................................... Name of Appellant Street and Number ...................... · .~...~ .................................................... ..~.....*:.~.......:....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO....L.'Z...~,-~....~. ................. DATED ....~.......~...~/..~...~...~...~.i....~..,? WHEREBY TNE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit o, ..... ....... ....... Street and Number /~unicipality State PERMIT TO USE PERMIT FOR OCCUPANCY Street Use District on Zoning~ap 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 (~A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) 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 4i~J~-(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 ."~1,,~,,~ .- -~ · ~ / "~ and was made in Appeal No ................................. Dated ............................. +~y. .................................. REASON FOR APPEAL ~ ) A Variance to Section 280A Subsection 3 (~'~A Variance to the Zoning Ordinance ( ) . is requested for the reason that ~'~"~~' ~' ~" '-~~ ~ (Continue on other side) REASON FOR APPEAL ContinUed 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sow HARDSHIP because O~ ~ ~ ..~-~.~.,~ ~ ~ ~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ~, ~ ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because .~1~ ~¢,O,~~1~. ~l.,~O_~. ~ Sworn to this ...................... ..,~., ,~,...:~ ............ day of .................... ........... Signature JUDITH T. BOKEN N'otar7 ~ u;IJc, State of New York [% [2 i[:t~,4~.:63, Suffolk CountY~_lg ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y; E×amined ...................................... , 19 ........ Approved ........................................ , 19 ........ Permit Na ................................. DisopproYed a/c ............................................................................................ Application No ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ...... ~.......~......~'. .................... , 19....~.'....~r 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 property must 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 Inspecto~ 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 pa rt 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 taws, ordinances and regulations. (Sigr~ature of applicant, or name, if a corporation) ............... .... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of of. premises ...-~..~ ~ I~ ~ · owner ........................................ --i'; ..................................................................................................... If applicant is o corporate, signature of duly c~thorized 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 ....... ~..S ...... ~..~ .......... ~."/,~.....~'..~..~...~.~. Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: Existing use and occupancy ......... ~ ........ ;.;.....~. ....................................................................... h. Intended use and occupancy ......-T.....~...,-~....,.~...E ...................................... 3. NaCure of work (check which applicable): New Building .................. Addition .................. Repair .................... Removal .................... Demolition .................... Other Work (Describe) ........................ 4. Estimated Cost ...~'..~.~.....~Z~... ....................................... 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 ............................................................................................................................................. 6. If business, commercial or mixed occupancy, speclfy 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 ...~J/,t~.~f?.' - ............ Rear Depth ....~......~. ........Height ....... .~...('~.?.. ................ Number of Stories ....~..~...~.~... 8. Dimensions of entire new construction: Front......~...~......~. ................ Rear ..1..~' ...... ~; ........... Depth Height ....... L.O...~ ............. Number of Stories .......~ ................ · '~O 9. Size of lot: Front ....~/..~ ...................... Rear ............................ 10. Date of Purchase ..... /..J~..,,3.~..~. .................................. Name of Former Owner ..~ .................................. 11. Zone or use district in which premises are s*tuated ........ t~.....~z.....t~.~ ......................................... 12. Does proposed construction violate any zoning law ordinance or regu at on? ....y....~4...~.~. ................................. 13. Name of Owner of prem ses ..~~~Address ~'~?~ 'j,/~.ll~l, ~ {i....J~. ~one No '"'-"" ..... ,, ...... ........ ;" .................................. Name of Architect ....... I.~..~..~.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 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 NEW,~i~Oi~tG ,~ ) - - · ..C.9,UNT,~, OF~~ b'b' .... ~'~(~,~.'~....~...~......T. ......................... being duly sworn, deposes and soys that he is the applicant (Name of individual sign~~ sb0ve named, k'Je is the ....................................................................................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and, file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before~ me this ........... of ....... Notory public.~.~.~...~~.`..~.~/~`~w``--~_`~i~.~.~.t~t~;~;~F~;~ii;;~)~ ............................. FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION TO . P, alraond...,l ,,...,~ ].avin ..a nd.. ~l iI~.e .......... (owner or authorized agent of owner) .89 ...... 88 -..- ~I~1. t.X.s .. ~. ~...B.l.vd.,,,..... B~t~Lt~, (address of owner or authorized agc~nt of owner} PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance /t~t, IT~tfiec .~0~ & Altt,...~.~.~t...S~...~.O.~ .... Other Applicable Laws, Ordinances or Regulations ......................................... at premises hereinafter described in that....8.~'~..~.]d.:~[.~...~.S...~.i.~g...~.~.~.t~...~.~...&..~.~ (state character of violation) ~lt~.. &~-£~i ~,~t....~.e~-t.. ~ ~ F4.....m~i...n~..~.~t l.l.d i.ng..-~e~ml~ .................................... in violation of.-,~..t~.~.~¢...]~..~.~nd;.~A~.t...V~.~.~.~se~.~.~7~..~f.~.bu.~d~`~.m~...~n~..~d~nan~e ~state section or paragraph or applicaole IOW, orainance or regulation YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law ard to remedy the corditions above mentioned forthwith in or before the ........ .t,~/sn~,~'..e~.g.~;l~t~h......(.2b~]) ........... day of .....................J.~. ....................... ] 9..(~: ..... The premises to which this ORDER TO REMEDY VIOLATION refers ore situated at ~/~ O~ ~t,! ~.~..]~.oa~.~..~...~,t~etrlo~Re~ ........... County of Suffolk, New York. 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. Building Inspector