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Home My WebLink About119 TOWN OF $OUTHOLD, NEW YOIJK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 119 Dated November 5~ 1958 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To G.W. S~ith & Sans for Arthur ¢ornell, Main Street, Soutbold, N.Y. DATEDe~eaJ~e~..4~. 1958 Appel la n t At a meeting of the Zoning Board of Appeals on November 20, 1958 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 permit under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance (x) Request for a special exceptiom under the the appeal 1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection ................ paragraph .................... of the Zoning Ordin.ance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce undue hardship because (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 (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 3. SPECIAL EXCEPTION:By resolution of the Board, the special exception for permit to build and use an attached garage on property located on the west side of Oakwood Drive, Oakwood P~rk, Southold, N.Y. was~ granted with the condition that the attached garage is to he built no closer t~A~ 23 feet on Christopher ~treet. In granting this application the Boards finds that it would be an u~due hardship teprevent applicant lmm adding garage since all adjoining property has been s~d. It is believed that this exception will not ch~ge essentially thecharacter of the neighborhood because it is a new area where all lots meet zoning requirements. It is also a unique hardship. Location of Property: west side Oakwood Drive, Oakwood Park, Seuthold, N.Y. ZONING BOARD OF AP_PEALS Barbara M. Azdrade Secretary Form ZB4 LEGAL NOTI~3E NO'F~E OF HE.a. RIN(~S Pursuant to Section 26? of the Town ~ Law and the provisions of the amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings wlll be held by the Zonin~ Board of Appeals of the Tesvn of Southold at the Town Clerk's Of- rice, Main Street, Southold. New York, on November 20. 1958, on the following appeals: 7:30 P. M. (E. S. T.) upon applica- tion of G. W. Smith & Sons, for Arthur C*ornell, Iora special exception in ac- cordance with the Zoning Ordinance, Article III, Section 306, for ~ermit to build and use an attached garage on ~property located on the west side of Oakwood Drive, Oakwood Park, Seuth- old, N. Y, .7:40 p. IV[. (~. S. T.) upon ~pplica- tion of James Schwartz & Ce., Inc., for ;Paul Ellenber~er, for a varlanoe in ac- cordance with the Zoning Ordinance, Article III, Section 307, for permit to use and build an attached garage on property located on Lot 376, Haywaters ,Road, C~tchogue, N. Y. Dated November 6, 19~, by order of the Zoning Board of AlYpeals of the Town of Southold. COUNTY OF SUFFOLK ) STATE OF NEW YORK ! ss. Frederick C. Hawkins, being duly sworn, says theft he is the owner and publisher of THE LONG ISLAND TRAVELER - MA~J-ITUCK 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 Zraveler-Mattituck Watch- man once each week for ..... .~.....~...~,~ ............ '.'~.,~, weeks -~. successively, commencing on the ............ ....¢?.'. .................. day of ........ /~(. J.. ]. ,. ~ .............. 19..:.:...' .... ......... Sworn to before me this ; '' day of ......... ............ Notary Public r I OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 119 BAT E ...N...o..v...e.m.~b.e.~.... ~'..~ 1958 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. O.W.Smith & Sons ~, (We)....aZ..c......~.t...h...ur...c...o_r...n..e.!~ .................. o~ .......... ..~. ~n......~..t.r..e..~ ........................... Nome of Appellant Street and Number Southold N.Y. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO....Z...~O~ ..................... DATED ...... ~.o.~..e..~..b...e.?....~'.~......1.9.~..~. ..... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) Name of Applicant for permit of ...M~aln..S.t ......... Son~;ho~d~.....H,.yL .............................................................. Street and Number Municipality State PERMIT TO USE & build PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...... .lt~/.~......0~kw. oo~,..D~. ............... :~.A'!...ResJ, den.f~al ....... Street Use District on Zoning Map .0. ~..k..w..9..o...d... [~..k., .......... .S..o..~..tt.o...Z. ~.,.......~....~ ,. .... 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.) Article III: saetion 306 3. TYPE OF APPEAL Appeal is mode 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 ...................................................................... ( ) (X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that see other side (Continue on other side) Form ZB1 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because : This property is a corner lot, om two Town Roads, and the adjoining property has been sold previously,to purchase of this lot, and is impossible to enlarge same. I wish to have an attached garage and the side yard will be 23ft. 2. The hardship created is UNIQUE and is not shared by all properties alike in the. immediate vicinityofthispropertyandinthisusedistrictbecause ~ this sidestreet (Christopher St) is a very short dead end street with turnaround, and there are only two lots on either side in rear of the lot in question. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because: This is a newly opened area, where all lots meet the requirments of the zoning ordinance, there are Town Roads~ and most of the new dwellings being erected have attached garages, or provisions for saI~e. STATE OF NEW YORK ) ) COUNTY OF Suffolk ) SS Signture Sworn to this ................... ~.~h ...................... day of.....~Q.v, emher. ........................... 19~'8 Notary Public ELOISE 90WOEN ~ Public, State of New Yol~ R~ding in Suffolk County No. 52-036?800 Commission Expires March 30. l°~L~ ~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .......... '~... ~. ~ ............................................. Date ................ ,NQ. ?. e...~..b...er ~ .... 19.~..~... To..G.~.S~ th..&.Son.....A/~....Ar~hum. Cornell ..... South~ld.~......N...~.. ................................ PLEASE TAKE NOTICE that your application doted ........................... NO.V. el~b~-,,Jt..~[... 19..~'~.. for permit to construct a.,.dw.e,~.l!r.~ .................. at the premises located at &.. Cbc± s.te l~hez~.. S.t ................................ Street Southold, N. M -r)a ..... ~ , ap,..,., ,.u~ ....... j,.~,z~ ............. Block ............................................ Lot ............................................ is )f~~~h]~ disapproved on the following grounds ....... section ~06 of 0r-'~.~; ~'c~'. Building Inspector oF SOUT.O,D, ,EW APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO.119 DATE.No.~.embe~. ~, 19~g TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. G.W.Smith & Sons I, (We) AZ~ .i~..~..~...Q..o. rn~.l...~. .... of ........ M~,i~..S.~ ................................................... Name Street and Number ............. Sonthq.1...d. ............................................ Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE IIT SECTION 30~ SUBSECTION THE SPECIAL EXCEPTION IS REQUESTED BECAUSE: Please see information on attached form of appeal from decision of building Inspector. STATE OF NEW YORK ) ) ss COUNTY OF 81~ffolk ) Signature Sworn to this .......... ~....day of...g.O.¥~mb.ar .................. 19~'8 .... ..~.~ ........ < ...................... ........ ~.,/ ............................ Not~ry Public ELOISE BOWDE~ I~ Public, State of New Yark Residing in Suffolk County No. 52-02~;7~00 I~ CommJsson E pires M~rch 30, 1~>~ FOR~ ZB2 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TO'W'N CLERK'S OFFICE SOUTHOLD, N. Y. Examined ................. ~....~';'~7'..~....~...'~.... 19. ~..~. Approved ................../~...:x~-../... 19...'~..~;ermit No...~...~... .......... Disapproved a/~,,~.,,~..~...~. ~~7~,~.~.~ ~'- (Building I n~'to r) .......... Application No ...... ~-?~ ........ APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and su~amitted 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 location. 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 oil applicable laws, ordinances and regulations. (Signature of applicant, or name, if a corporation) ...... ............................... State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ...... ~ 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: ~~ot No: .................... and Number ~ Municipality -- ' ..................................... 2. State existing use and occupancy of pr~/~es and intended use and occupancy of proposed construction: a. Existing use and occupancy .............. ..~.~ ......................... . ....... b. Intended use and occupancy ........................................................................................................ 3. Nature of work (check which applic,ale): New Building ...... ~.. ........ Aadition ....................Alteration .................... .................... Demolition .................... Other Work (Describe) Repair ....................Removal .................... 4. Estimated Cost........~..?-..~/.~-~'.?...~..:.--/~.. ........................... Fee ......4~./(~.:...~ .................................................................. (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, 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 ..~.....~...~.....~... ...... , Height ............................ Number of StoKes ........................ 9. Size of lot: Front /f'g2O~Rear .~...~.. ~ ......... Depth ....... Owner"~...~...' /"¢~'~"-~'"' ~/~'-~'~ .'~...~.~... ~' 10. Date of Purchase ....... ....................... Name of Former ................ :...-.~.r ...... 11. Zone or use district in which premises are situated ........ .~.-...~ ............................................................ 12. Does proposed construction violate,any zoning law~,,ordinance or regulation? ........ ~ ......................... 13. Name of Owner of premise~...~Address .~-../~/~ ........... ..c~...Phone NO ..................... Name of Architect ........................ ~ ............ , ...... .~ ...... Address ............................................ Phone NO ..................... Name of Contractor.~.r~.,.-~.~..~.~."/'~*//-~ ' ~' ...... Address ........................... Phone NO PLOT DIAGRAM Locate clearly and distinctly all 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.W~.O~K.~., j~;~)~ S S COUNTY ~~ ................. . ....... being duly sworn, deposes and says that he is the applicant n a m( eNc~ ml~e ~ t~ed. ivi~a t '°n ) above·' .................................... ........................................ 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 ~erewith. ~ ~ . , Sworn to be~re me this~~~~-- ~ ~7~~~(~at~~//~ ........ .. ..... .......... Settee ef bt~m O~diBauee, ArtAele ITT, Seetiem ~070 re~ pe~t te u~e and build am attaehod farufe em prop~ leeated ea Let ~76, Ha~wate~m Dated Bov~ 6, lgr~, by erder er the Zeninf Board of Appalm er the Te~ ef bu~hold, Copies sent to: L.I. Traveler - Mattituck Watcb~At G.W. ~mith, & Sons Arthur Cornell oRK vu oo~