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Home My WebLink About127 TOWN OF $OUTHOLD, NLrA' YORK AGTION OF THE ZONING BOARD OF APPEALS Appeal No. 127 Dated December 12, 1958 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN SOUTHOLD To Arthur ~,~. Penny and Lucille $.Penny I~,~iddle Road, ~attituck, ~.Y. DATEr,s,..29,..1958 Appellant at a meeting of the Zoning Board of Appeals on December 29, 1958 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special permit under the Zoning Ordinance ( ~ Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be granted ( ) be denied pursuant to Article ...................... Section .................... Subsection .................... paragraph ...................... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (~=o~nammt) produce undue hardship because ~arties would be unable to complete contract (b) The hardship created (is) (~li~rJ~ unique and (wam~d$ (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because location made it impossible to divide in any other way (c) The variance (does) (d...~m~t) observe the spirit of the Ordinance and (~_~t~ (would not) change the character of the district because sturroundtn? property is of 50 feat lots. 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 (x) be reversed. Board unanimously grants application as requested. Location: East side West Creek Avenue, Cutchogues N.Y. ZONING BOARD OF APPEALS Barbara ~. Andr~de Secretary Form ZB4 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / ~ 7 / DATE TC~ THE ZONING BOARD ~F';APPEALS, TOWN 'OF SOOTHOLD;.N~.-'Y.'- · ~ (We) - . ~umc~po ~ty .... ~t~te ~ ' THE ZON N BOARD OF APP LS FROM THE DECiSiON OF THE BU L NG NSPECTOR ON APPLI~TI~' FOR PE~IT ,~ .................................... DATED .................................................... W~R~Y -THE ~ome or ~pp ico~t for.perm~ . - mm( ) Street and Number Municipality State PERMIT TO USE PERMIT: ,QC,CUPAN~Y' ._ :c _-.~ :~ 3 : _..h._~? '. "~ '~" 1. LOCATION OF THE PR~PERTY.~.~.~...~.~.t/..~.~.~...~..~.~..~.~.~..q.~..`~.~.~..~.~..e.~.~.~.~....~..~.~..~..~...~.~...~.~Y~ Street Use District on Zonihg Mop Mop 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 mode herewith for (][) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 C6ns. 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 o special permit ( ) request for a variance and was made in Appeal No ........................ ~ ........ Dated ...................................................................... -'- REASON- I:~-R-~PP-~-I.~ ] T ;' .,~ - z-~ ~;' ~ - ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) .~ ., is requested for the reason that (Continue on other side) l~rm ZB~ REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because applicants are under contract to purchase the premises from Baxter Properties, Inc. Although the parcei has les. s-..than 1.2~.~00 £eet! and less than 100 foot frontage on a public hi~a~ ~hs ;-~o_tt~s. on the praises ~s been built :.~d;~cupied for a ~ o~. ~~d the~ use and occupancy has~ been co~ined to this ~ticula~ parcel. Un- less a variance is ~ante~, p~chasers would be unable to~n2~ the contrast and the~Se~l$~ would be unable to deliver ti%le. · .... 2. The hardship created is' UNIQUE and is not shared by oil properties alike in the immediate vicini~ of this pr~erty and in this u~ district ~cause origin~llF the a parcel approximately 198 feet on.West Creek. Aven.u~.?withia'..dep~v of 100 feet and sold the adjoining parcel of apprOximately 1~0 X 100 feet as a separate u~it.. The location o~: the~use on this additional unit, the layo~ of 'the p~C~l afid~.a"~i~inghedge made it impractical to divide in any other fashion.. This, the re- maining pa~cel,~.is the or~l~ .'one' now owned :b~,th~ Seller. ' 3. The Variance would obsess the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this seotion of ~e gowm, knOWn as '~eet~s Neck, was originally set up in 50 foot lots and there are many pro~ perties in this particular locality where the lots are less than 12,500 feet in area and with a frontage of less than 100 feet. STATE OF NEW YORK ) ) COUNTY OF ,~13~2'0~{: ) Lucille S. Pen.-~nture Sworn to this ................. ?...?..i ....................... day of .................. ..D..e...o..e.~.e..?.a ............ 19 -~. I~OTARY PUBLIC, STATE OF NEW ¥0.,, No. ~2-425900@ Qualified in Suffolk Count~ Te~'m exp'uee Maxch ~0, 19~9 FOKM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................. ~~.. ............................. Date ......... ~ ................ ~~R~--~.......~ ...~...~..~.~~ .... ~~...~...b~ ........ PLEASE TAKE NOTICE that you._r~ppli~c~_~n~da~ .................................... ,or ~m~,, ~Z~uc,~.~~. Building Inspector I~ORM NO. 1 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Application No....~..~.....c~. ............ ..... (Buildi~~ ...................... APPLICATION FOR BUILDING PERMIT INSTRUCTIONS : a. This application must be completely filled in by:typewriter or in ink and submitted in duplicate to the Building 1 nspector. b. Plat 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 or~ the diagram which is part of this location. c. The work covered by this application may not be commenced before issUance of Bu~J. ding 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 puFpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuan9e 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 a Iterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances and regulations. (Signature of applicant, or nbn~e, if a corporation)' (A'~,~.dress o opp icon , ~'C~' 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, sigqature of duly authorized officer. .................................................................................................1. Location(Nameof landand ontitlewhich°f corporateproposedOfficer)work will_ be___~ ~ ~ ~/xd°ne' Map No~~ .............. Street and Number ....~.~.....~...~/..~..Ti~....~.~.- -- ----'~ ipality ~./Munici 2. State existing use and occupancy of premises and' intended use and occupancy of proposed construction: ............... -_--_ ............. Phane an' ' ' PLOT DIAGEAM: : r property lines. Give ~p accoramg to deed, and show street names and ~Jndicate whether interior or corner iot.~ ?' · _.t~ 3. Nature of work (check which applicable): New Buildi~g..~',. ............... Addition .~_ Re, ir .....~ .......... Removal .................... ~motition ................ ,,, Other Work (Describe) 4. Estimated Cost ~/ ~ : .~ ~ ~ ~ .................... ........... ~","~-~ ...... ~-.-~; ~ yea ~.~.~ ' (to be paid on filing this a~;;~;~ ................... 5. If dwelling, numar of dwelling units ....... ~C.,;,N~r of dwelling units ~ each flor ............................ If garage, number of ca~ .......................................................................... ~'~ ................................................... 6. If business, C°mme~Cial or mixed ~cupancy, ~i~ nature and extent'of ~a~'~ of U~ ....................... j...~ 7. Dimensions of existing structures, if any: Front ' ~ ~ ~e ' ~'~ ~ · · .......... ~ ............................... Height ............. ~ ........... Nu~r of Stories ........ ~ ~ ............... :~ ..... . ........... ns s~str~t~re w,th alte~ti~s ~ ions: Front .. 8. Dimensions of entire new construction: Front,~ e,~-~ ,, ,- ......... ~. ...... ,,~.., Rear .... : ....................... D pth ............................ Height ............................ Numar of Stories ..... ~.. ~' .... ;; · 9. Size of lot: Front; ......~ .......... Rear ........ ~ Depth ~ 10. ~ate of Purchase ..... ~:..~,..~ ....... Nome of ~r ~n~r ..~..~ ............. 11. ~one or use district an which premmes are situated ........... ~ ........ ; ........... 12. ~s proposed construction v~ate any z0ning law, ordinance or regulation:) 13. Name of Owner of premise~~~.~ ~~~ . Name of Architect ~ ~ ~j~~~' ~'~r ............... , ............................... aare~s NO ....: ................ STATE OF NEW'~ COUNTY OF S S. .............................. ~' .~~being duly sworn, deposes and says that he ~s the (Name of' individual Sign'ir~ application) ~' ' applicant above named. He 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 Jn the application filed therewith. Sworn to before me this LEGAL NOTICE NOTICE OF HEARING Pursuant to Section 267 of the Town Law and the provisions of the Amended Bcilding Zone Ordina~aee of the Town of ~outhold, Suffolk County, New York, public hearings will be held by the Zo~.ng Board of Appeals of the Town cf Southold at the Town Clerk's Office, Main Street, Southdid, New York, on December 29, 1958, on the following appeals: 7:30 P. M. (E.S.T.) upon application of Ruth Grathwohl, Main Road, Cut- chogue, New York, for a variance in accordance with the Zoning Ordinance Article X Sestion 1000A, for permit to use as single lots property bounded north by R P. Wirth, East by Deep Dole Drive, South by L. Cornelius. and west by Deep Hole Creek, on the l west side of Deep Hole Drive, Matti- I tuck, N. Y. i 7:45 P. M. (E.S.T.) upon application of Arthur :.~. Penny and Lucille S. Penny, iViiddle Road, Mattituck, New ~ York, for ~ variance in accordance with the z¢,ning Ordinance Article 3, I Section 303, for permit to use lot lo- cated on the east side of West Creek Avenue, Cutchogue, N. Y. 8:15 P. M. (E.S.T.) upon application of Eugene Puskarz, 22 Silver Street New Brittain, Connecticut, for a vari- lance in ac¢~ordance with the Zonin~ Ordinance, Article III, Section 300 Subsection I for permit to use fo] [multiple residence purposes building] ~located on Madeline Avenue, Fishe£s i Isiand, New York. ! 8:45 P. l~I. (E.S.T.) up applicatIon1 ~ of Southold Cooperative G. L. F., Ser-] ~vice, Inc., Itummel Avenue, Southdid. INew York, for a special exception ! accordance ,~rlth the Zoning Ordinance, I Article X, Section 100~, for permit to buy and use for agricultural servlce purposes ali the buildings and approx- imately 1.2 acres of land located a~ the northerly end of Robert W. Oil- lispie, Jr.'s property, approximately 180 !feet south of south side Main Road Orient. N ¥ COUNTY OF SUFFOLK i ss. STATE OF NEW YORK, Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the onnexed is a printed copy, has been pub{ished in said Long Island Traveler Mattituck Watch- man once each week for ..... ~::~.~.~,¢ ........................weeks successively, commencing oH the ............. :.~...~ ................ d~y of ...~'.~..qM..¢.+..z~.~.;~ .... . ~.~.., . . ....~ ................................. Sworn to before me this ~ ~ day of ....... Red, Mr. Wickh_~m: Returned herewith is receipt no. 240 for $15.00. The should be made in duplieate. Xindly appear in persen. / / AT