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Home My WebLink About606 /000 West Road _Oct. 10,_ 19 6-,3 Cutchogue, _New_ York _ Page 5 GRANTED _permission to _erect_ and maintain a_. temporary utility or accessory building on multiple residence_premises _located _Sls West Road,__CutchQgue_, New York. r TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD 'OF APPEALS DATE OCtOber .101 1963 Appeal No. 606 Dated September 24, 1963 ACTION OF TMZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD W. Harry Lister To West Road, Fleets Neck Appellant Cutchogue, New York at a meeting of the Zoning Board of Appeals on Thursday, October 10, 1963 the appeal 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 ( ) RequesC for a variance to they Zoning Ordinance 1. SPECIAL: EXCEPTION. By resolution of the Board it was determined that a special_exception ( X) be granted ( ) be denied pursuant to Article .111A...,... SectionU40AP Subsection ........................_.. paragraph I............................ of the Zoning Ordinance, and the decision of the Building Inspector ( )0 be reversed ( ) be confirmed because:After investigation and inspection the Board finds that this is a temporary accessory building for non-commercial purposes and is restricted to the personal use of the appli- cant Mr. W. Harry Lister. This structure which was erected is a necessary incidental use in the "M', Multiple Residence Zone, however the restriction applying to Mr. Lister is for the protection of neighbors in the future in the event Mr. Lister should sell or lease the premises described in the application. (OVER) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not? produce practical difficulties or unnec- essary hardship because (o) 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 (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. 4AWA-4 i1 � ZONIN ARD OF APPEALSFORM ZB4 Judith T. Boken, Secretary (Continued from front) The location chosen is the only obvious and useful one for the applicant since it is at the dock area where his boat is moored and the building is used for the storage of his boating equipment. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Therefore it was RESOLVED that W. Harry Lister be granted permission to erect and maintain a temporary utility or accessory building on his multiple residence premises located on the south side of West Road,- Cutchogue, New York, approximately 12 ft. 6 in. from West Road and approximately 12 ft. from the bulkhead or rear line. This building is restricted to the personal use of the applicant W. Harry Lister. 8: 15 P.M. (E.D. S.T. ) , upon application of W. Harry Lister, West Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article IIIA, Section 354 and Section 358, for permission to maintain accessory building with insufficient frontage setback and rear yard setback. Location of property: south side West Road, Cutchogue, New York, bounded north by West Road, east by J. R. Nagle, south by Peconic Bay, and west by Creek. &�7 `, '9 � r LEGAL NOT;CIL ` k Notice of Hearing u STATE OF NEW YORK, 1 P'Ursuant to Section 267 of the. ) S8, Town Law and the provisions of COUNTY OF SUFFOLK, 1 ,the Amended Building Zone Or- j dinance of the Town of Southold r C > Suffolk County, New York, publi < _ _ c ,`..... _. __ being duly Sworn, 'hearings will be held by the zonsays that _.I., j...__. is Printer and Publisher of the SUFFOLKfug Board of Appeals of the Town of Southold at the Town Office, TIMES, a newspaper published at Greenport, in said county; Main Road, Southold, New York, on October 10, 1963, on .the fol- and that the; notice, of which the annexed is a printed copy, 3, lowing appeals: 7:30 P.M. (RD.S.T.), upon ap- has been published in the said Suffolk Times once in each Plication of the Fishers Island ° Fire District, Fishers Island, New week. for __. _ ..------- --------- L L�- ----_ _. weeksk York, for a special exception in accordance with the Zoning Or-I saccessively co:nmencmg on the ------ „�-f-:r_•: dinance, Article III, Section 306, forPermission to erect a new fire day of _ r 4-{--- -- -- ----- 19 E. house with insufficinet front yard ` 'setbacks-on a-Xurner lots-Location) �.',;'_. ` `- \., ."� ... ...._....__.... of property: At the intersection ofl n. .Equestrian Avenue and Athol Sworn in before me this ... Y ......_.. Crescent, Fishers Island, Newt day of York, bounded ,north by West End, Land Company, east by Athol) _ Crescent, south b .._ __._.......... ........_..__._... . ..._._.. - Y Equestrian) - Avenue and Athol Crescent, ands � `�i,�_ ....---� ......----------_ .. __... west by Equestrian Avenue. 7:45 P.M. (E.D.S.T.), upon ap-I plication of Robert Hyatt, South- old, New York, a/c Madeline Nicol, Fleetwood Road, Cutchogue, New York, for a variance in accordance " •a with the Zoning Ordinance, Arti-I ele III, Section 300, Subsection 7,1 for permission to erect a detached' ,garage in the front yard area. Lo- cation of property: east side) Fleetwood Road, Cutchogue, News, York, ,bounded north by W, A,' Kennedy, east by Creek, south bye. W. A. Bangert, and west by Fleet-1 wood Road. G 8:15 P.M. (E.D.S.T.), upon ap-, Plication sof W. Harry Lister, West' Road, Cutchogue, New York, for al special exception in accordance .with the Zoning i0rdinance, �Arti- cle IIIA, Section 3'54 and Section' 358, for permission to maintain' an accessory building with insuf-I ficient frontage setback and rear,, Yard setback. Location of prop- erty: south side West Road, Cutch- ogue, New York, bounded nort h b Y) West Road, east by J. R. Nagle, south by Peconic Bay, and west by Creek. Any person desiring to be heard on the above applications should appear at the time and place above specified. DATED: September 26, 1963, By I Order of the Southold Town Board sof Appeals. 1tO4 LEGAL NOWCE Notice of hearing Pursuant to Section 267 of the Town Law and the provisions !pf the Amended Building .sone Ordinance of the Town of Southold, ;Suffolk county, New York, public hearings will be held by the ikoning Hoard of Appeals of the Town of Southold, at the Town i 36ffice, Main Road, Southold, New York, on October 10, 1963, on litho following appeals: r ,I i 7t30 P.M. (E.D.S.T. ) , upon application of the Fishers Island Fire District, Fishers Island, New York, for a special exception q i I li1in accordance with the Zoning Ordinance, Article 121, section 306, or permission to erect a new fire house with insufficient front i and setbacks on a corner lot. Location of property: At the intersection of Equestrian Avenue and Athol crescent, Fishers Island, New York, bounded north by West End Land Company, east y Athol Crescent, south by Equestrian Avenue and Athol Crescent, i nd west by Equestrian Avenue. i 7145 P.M. (E.D. S.T. ) , upon application of Robert Hyatt, i outhold, New York, a/c Madeline Nicol, Fleetwood Road, Cutchogue, ew York, for a variance 1n accordance with the :zoning Ordinance, i� rticle 111, Section300, Subsection 7, for permission to erect I detached garage in the front yard area. Location of propertys !east side Fleetwood Road, Cutchogue, New York, bounded north by A. Kennedy, east by Creek, south by W. A. Bangert, and west by Ikleetwood Road. I Page 2 - Legal Notice 6: 15 P.M. (E .D. S. T. ) , upon application of w. Harry Lister, Fest Road, Cutchogue, New fork, for a special exception in accord- ;lance with the Zoning Ordinance, ;article IIIA, Section 354 and Section 358, for permission to maintain an accessory building with in- (sufficient frontage setback and rear yard setback. Location of i ;property: south side West Road, Cutchogue, New York, bounded north ; 'Iby West Road, east by J. R. Nagle, south by Peconic say, and west 11by Creek. Any person desiring to be heard on the above applications should appear at the time and place above specified. JIDATED: September 26, 1963, By Order of the Southold Town Board of Appeals. • t r i PLEASE PUBLISH ONCE, OCTOBER 4. 1963, AND FORWARD FOUR (4) jAFFID,AVITS OF PUBLICATION TO THE BOARD OF APPEALS, SOUTHOLD, N.Y. • w • Copies mailed to tae following on September 27, 1963: The Suffolk Times The Long Island Traveler-Mattituck watchman Fishers island Fire District Robert Hyatt, a/c Madeline Nicol Richard J. Cron, Esq. , a/c w. Harry Lister. SOMEONE SHOULD APPEAR AT TFC HE6ARP 0 TOWN OF SOUTHOLD, NEW YORK //,,��// APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO�/'U(p DATE 6379724 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. I, amex ......➢1.......Harry....Lister..................................................of ..........._.We.at.....Road.,......Blee.t.s....Xe.ck,......_................. Name Street and Number C.ut.cnogue................................................ ........... ................. ......................li. . .....]Q..rX..... .............................................................. Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL, EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE III A & VII SECTION 354 and 358, and 703 respectively. THE SPECIAL EXCEPTION IS REQUESTED BECAUSE The structure attached to the bulkhead area is a temporary accessory building and not permanently affixed to the realty. That said structure is of the following dimensions: Front 714" ; the Width 712" ; Height 7' to 81 , and can be moved from its present site by removing four bolts which affix it to the realty. That upon the advice of the contractor erecting the structure no building permit was applied for pursuant to Article VII, Section 703. That the completed dock and bulkhead was built in 1957, in which year, a Special Exception was granted by this Board to use the premises as a non-commercial marina. That said structure was there- after erected as an accessory use and incidental thereto. The front of said structure is about 12' 6" from the South side of West Road and the rear of the structure is about 12' from the bulkhead. While the front and rear yards do not meet the require- ments of Article III A. Sections 354 and 358, a strict application of these sections would produce practical difficulties and unnecessary hardship since it would necessitate removal of the structure to anoth- er area of the marina where its use as an accessory building could not be utilized. It is respectfully pointed out, however, that if the structure were turned about so that a side of the building was facing the southerly line of West Road, there would be no violation of any of the above sections of the zoning Ordinance. Thus, to compel a strict application of the Ordinance in this case would be to defeat the spirit of the Ordinance. i STATE OF NEW YORK ) ) as _...... ._. _...._......... __................ COUNTY OFSuffolk ) signatu SW to this 2 .th...... day of September, I9. 6.3RICHARD J. CRON, .., ° as Agent for �..,/ ..... Notary Public .._....... W. Harry Lister FORM ZB2 �s/�� 'F 4 ..� 1 F ht4+Fe '{ r ' � A Ax its . } r fr N ` 4 r . A44 M b t µ . �My