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HomeMy WebLinkAbout130 TOWN OF SOUTHOLD, NEW YORK CORRECTED -- ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 130 DatedDecember 1~ 1955 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN SOUTHOLD To Main Road Cutchogue ~ N.~. Appellant at a meeting of the Zoning Board of Appeals on December 2:) ~ 1955 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 (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL PERMIT. By resolution of the Board it was determined that o special permit ( ) be granted ( ) be denied pursuant to Article ...................... Section .................... Subsection .................... paragraph ...................... of the Zoning Ordinance, 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) {~3~,Zl~t;~3~ produce undue hardship because there is no possibility of increasing the size of the lots (b) The hardship created (is) ~ unique and (g/~.~t~(would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because the dwellings were built on a single lot prior to zoning. (c) The variance (does) ~ observe the spirit of the Ordinance and (geDZlt.~ (would not) change the character of the district because property has been developed 10 years~ and no other changes are proposed. and therefore, it was further determined that the requested variance (X) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed (~) be reversed. Board unanimously granted application to divide lots ~O, ~1, and part of 39 into two (2) parcles as requested in appeal and as shown on sketches of land surveyed June 21, 1951 for Rut~ Grathwohl by Otto W. Van Tuyl & Son. The boundaries of Lot ~O and part of 59 would be az shown on this survey. The boundaries of the new parcel as indicated on the boundaries describing lot ~l. Location: bounded north by R. P. Wirth; East by Deep Hole Drive; South by L. Cornelius; and West by Deep Hole Creek~ l~Lattituck~ New Zork. This action is t~¢en in order that the correct boundaries the property of Ruth Grathwohl of be established for the purposes of ZONING BOARD OF APPEALS Judith T. Boken Se crc tary ~'onn ZB4 TOWN OF SOUTHOLD, NL~V YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 130 Dated December 18, 1958 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN SOUTHOLD To Ruth Grathwohl Main Road, Cutchogue, N.Y. Appellant at a meeting of the Zoning Board of Appeals on December 29, 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 ( ) 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 Ordinance, and the decision of the Buildin~ Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (~macl~m~Xproduce undue hardship because there is no possibility of increasing the size of the lots (b) The hardship created (is) (igclal~ unique and ~g~:~a~l) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because the dwellings were built on a single lot prior to zdning. (c) The variance (does) ~aae) observe the spirit of the Ordinance and ~ (would not) change the character of the district because property b~s been developed 10 years, and no other changes are propozed. 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 (x) be reversed. Board ,m~imously granted application to divide lots 40, 41, and part of 39, and 42, into twe (2) parcels as requested in appeal and as shown on sketches of land sgrveyed June 21, 1951 for Ruth Grathwohl by Otto W. Van Tull & Son. The boundaries of Lot 40 and p~rt of 39 would be as shown on this survey. The boundaries of the new parcel as indicated on the boundaries describing lots 41 and L~cation: bounded north by R. P. Wirth; East by Deep hole Drive; South by L. Cornelius; and west by Deep Hole Creek,Mattituck, N.Y. ZONING BOARD OF APPEALS Barbara M. Andrade Secretary Form ZB4 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 13o DATE ..~.~.~...b..e..r.,...1,..8 ~ 1958 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ........................... of ........... ........................................... Nome of Appellont Street ond N~mber .......... .C...u..t..c...h..o..g..u....e. .................................................................. ~:.~: .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ......... ,T~'f,T~;T,~¢. DATED .... X~r~X~-,~ ................................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ...~L~i~...~Lo&d ................. C.utcho~ua ..............~ ,.~. .......................................... Street and Number Municipolity Store PERMIT TO USEaS single lots for purpose~ in Article ~I~ section ~00 PERMIT FOR OCCUPANCY subscetion 1, 1. LOCATION OF THE PROPERTY ...... .W/..S......D.e.e.D..Ho~e..~::i~.e ........ :!A?...dis. tric.t ......... Street Use District on Zoning Map Y~gYJ~ ....................................... ~g,~ .X~; .................. ~ tti tuck, N. Y. 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 × section 1OOOA (as it refferes to Article ,I. ZI sec. ~OO Sub I 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 COns. Laws Art. 16 Sec. 280A Subsection 3 4. P'REVIOUS APPEAL A previous appeal .~ff_~ (has not) been mode 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 mede in Appeal No ................................. Doted ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that : this property was bought in !9~8 and i95t, shown on the attached sketches. ( see other side) (Continue on other side) Form ZB1 as REASON FOR ~PPEAL Continued 'i. STRICT APPLICATION OF THE ORDI~ANCE would produce UNDUE HARDSHIP bec,duse : these lots are deep and the larger h~e was built ~u%out 10 years ago~ the smaller house was built about 8 years ago~ there is now,no Dossibility of increasing thesize 'of these lots as adjoining o%mers'are hot Willing to sell at this time,~ I~wish to sell the house's]Seperately~].They have been rented in the past. This is waterfront~pr0perty~o~h~h~ch the dwellings were built. 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 :, The. dweltin§s Were 10Uittl on a single lot u~der one o~nership at different times ~ior to the enactment of the zoning ordinance. 3.,The Variance would 0bse~e th~:spirit of the Ordinance and:WOULD'NOT CHANGE TH£ CHARACTER OF Z~E DISTRICT because: This property has been developed abo~t 10 years and no other changes are proposed at this time. This property is typical of the general area~ the buildings and lots are of the smme general type~ size~ and use as others in neighborhood. STATE OF NEW YORK ) COUNTY O ) Sworn to this .............................. /~.~..'.day Notary Public ~es[~ing in S..ffCk Fol~rfI NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S O~:FICE SO~JTHOLD, N. Y. NOTICE OF DISAPPROVAL Fi le No ........ ~.3....O. .................................................... Date ................. . .D..e..c..x:z ~.=. ,~....~.~ .............. 1~'. ..U. .... ..~.~.. ~.Q ~..~ .................................................... ...C~t ~2~og.u~ ~....!,~ ~.Y .................................... PLEASE TAKE NOTICE that ~our application doted ..................... .~.e..~:.D.'.D..e..~...~ ...... 19.?['.~... for permit to construct q:,,?..e.~:~:,~ ....................... at the premises located at ~?/..~..M,e..~.P....[~.~.-.L..e. ....... .... D.~.-~ .~ze ..... ~a~.%±.¢ue~-~: ........................... Street M~p ...... ~.~..~.. ........................... Block ~** Iot ~* is ~d~h:~L~N~v~c~l~ d~sapprow~ o~ the following grounds Article X~ Section ~000~ · .ae.t.t ~.g...o~ff.. ~.. lo.t...wi ~h.. ~_a s.a...ti~am .... ~.~.e~...~.~ ~z...tag.= ..................................... /s/ Howard M. Terry Building Inspector /- ,/ / LEGAL NOTICE NOTICE OF HEARING Pursuant to Section 267 of the Town Law and the provisions of the Amended Buikting 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 Clerk's Office, Main Street, Southold, New York, on December 29, 1958, the following appeals: 7:30 P. M. (E.S.T.) upon application of Ruth Grathwohl, Main Road, Cut- cbogue, New York, for a variance in accordance with the Zoning Ordinance Article X Section 1000A, for permit to use as single lots property beundc~l north by R. P. Wirth, East by Deep Hole Drive, South by L. Cornelius. and west by Deep Hole Creek, on the !west side of Deep Hole Drive, Mat~i- tuck, N. Y. 7:45 P. M. (E.S.T.) upon application of Arthur N. Penny and Lucllle S. Penny, Middle Road, Mattttuck, ~ew York, for a variance in accordance with the Zoning Ordinance Article $, Section 303, for permit to use lot lo- cated on the east side of West C~'eek Avenue, Cutchague, N. Y. 8:1§ P. M. (E.S.T.) upon application of Eugene Puskarz, 32 Silver Street, New Brtttain, Connecticut, for a vari- ance in accordance with the Zonin~ Ordinance, Article III, Section 300 i Subsection 1, for permit to use multiple residence purposes binldi~gl [located on ~deline Avenue, l~lshe~sl Island, New York. 8:45 P. M. (E.S.T.) up appli6a!~onI of Southold Cooperative G. L. F., Ser- vice, Inc., ~el Avenue Southaid, New Yor~, for a special exception in ~ccardan~ with the Zoning Ordinance, Article X, S~tion 1007, for perv~ ~0 buy and use for agricultural service purposes all the buildings and approx- imately 1.2 acres of land located a, the northerly ~nd of RObert W. Oil- llsple, Jr.'s property, approximately 180 feet south of south side Main Road, Orient, N. Y. COUNTY OF SUFFOLK }ss. STATE OF NEW YORK~ Frederick C. Hawkins, being duly sv, on~, says thct he is the owner and pablisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice o~ which the annexed is a printed cooy, has been published in said Long Islend Traveler Mattiruck W~tch- man once e~ch week for .......... {~t2.~.: ............. ...... weeks successively, commencing on the .............. :....L .................. day of ....~..~ ~.::,f~. ¢.,. ..,~.f ...... 19....::..~ Sworn to before me this ......... :....! ......... day of (¢ ~ ~ / 19..i....:' Notary Public LEGAL NOTICE Notice ef Hearing Pursuant te 3ectiom 267 ef the Town Law and the previsions of the Amended Building Zone Ordinance of the Towa of Seuthcld, Suffelk County, New York, public hearings will be held by the 2,e~ing Bear~ of Appeals of the Town of Seuthcld at the Town Clerkts Office, Main Street, Seuthold, New York, en December 29, 1958, on the following appeals: 7:30 P.M. (E.S.T.)upon~pplioaticn ef Ruth Grathwehl, Main Cutohegue, New York, for a variance in accordance with the Zoning Ordi-~-ce Article X Section 1OOOA, for per, it te use as single leto property bounde~ north by R. P. Mirth, East by Deep hole Drive, South by L. Cornelius, and west by Deep hole Creek, on the west side of Deep ~ole Drive, Mattituck, N.Y. 7~45 P.M. (E.S.T.) upon application ef Arthur N. Penny arid Lucille S. Penny, Middle Read, Mattituck, New York~ for a variance in accordance with the Zebras Ordinance Article 3, Section 303, for permit te use let located en the east side of West Creek Avenue, Cutehegue, N.Y. 8:15 P.~. (E.S.T.) upon application of Eugene Puskarz, 22 Silver Street, New Brittain, Oennectieut, for a variance in accordance with the Zen~ug Ordinance, Article III, Section 300, Subsection 1, for permit to use for multiple residence purposes building located on Madeline Avenue~ Fishers Island, New York. 8:45 P.~. (E.S.T.)upon application of Seuthold Cooperative G.L.F., Service, Inc., H,,-~el Avenue, Seuthold, New York, for a special exception in accordance with the Zoning Ordinance, Article X, Section 1007, for per~it to buy and use for agricultural service purposes all of the buildings and approximately 1.2 acres of land located at the northerly end of Robert W. Gillispte,Jr.'s property, approximately 180 feet south of south side Main Read, Orient, N.Y. P~.EA~E FUMLISH 0N~, DECE~ER 24, 1958, AND FORWARD AFFIDAVIT OF PUBLICATION IMM~IATEL~ TO THE BOARD ~F AP?EALS, c/e BUIIDING INSPECTOR, TOWN CLERK'S OFFICE, ~AIN ROAD, SOUTHOLD, N.Y. Copies mailed to Ruth Grathwoh~ Arthur Penny and Lucille Penny, William Wickhsm Eugene Puskarz Southold Cooperative G.L.F., Service, Inc.- cn December 19, 1958