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Home My WebLink About1281 TOWN OF SOU'I~HOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Appeal NO. 1281 Dated August 11, 1969 ACTION OF ~THE ZONING BOARD O1~ APPEAL~ O~ ~TQ~ OP ~U~ Agnes D. M~Gunnigle ~ ~ ToBOX 52~ Nor~ Road Sou~oi~ New .Yo~k ~ DAT~ Se )tember 11,1969 Appellant at a meeting of the Zoning Board of Appeals on September was considered and the action Indicated beloW was taken'on¥our ( ' ) -Request for varlance du2e to lack of access ~o proper~y ( ) Request for a special exception under the Zoning Ordin~r~ce (~ Request for a~variance to the Zoning Ordinance ( ) 1969 me appeal L SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be d~nied pursuaat~to Article ........ ? ...... Section ................ ~ Subsection ................ ~aragraph ................ of the Zoning Ordinance, and the decision o~r the ~Bullding Iuspectoiz ( )x be: reversed ¢ ) be confirmed because < -7:30 P.F~ (E.D.S.T. p, upon appl:ication Of Agnes D. -Mc~unnigla, BOx~2A NO~th Roa~ Southold~ New York,:for a variance in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection 7, for permission to use existing building for business office. Location of property: north side of Middle Road (~R27), Cutchogue~ New York, bounded north by J. Simcik-Cumisky, east by Antone Pawluczyk~ south by Middle Road, west by Simc/k-Shalvey. 2. VA~IA_NCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hard,ship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this praperty and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (~vould not) change the character of the district because SEE REVERSE 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. SEE REV~KSE PPRoV£D ~ie/~ ~ ZONING BOA/~D OP APPEALS ~ ~-~p~,/ Sou~bld T~n Bo~d of Appeals After inves~igation and inspection the Board finds that the applicant requests permission to use existing building for real estate office. Property is located on north side 6f Middle Road (CR2?), Cutchogue, N.Y. The proposed Master Plan designates County Road 27 as a divided highway which they are hopeful of keeping free of strip business zoning. The Board finds ~hat strict application of the Ordinance will not produce practical difficulties or unnecessary hardship~ the hardship created is not unique and woule be shared by all properties al/ke in the immediate vicinity of this property and in the same use district~ and the variance would change the character of the neighborhood, and would not observe the spirit of the Ordinance. THEREFORE IT ~S, RESOLVED Agnes D. McGunnigle~ Box 52A North Road, Southold, New York, be DENXED permission to use e~.lsting building for business ,Q~f~ce. ks ';ap~lied£for on property located on not, th side fo Middle RQad (CR27),. Cutchogu~ New York. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the amended Building 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 Office, Main Road, Southold, New York, on September 11, 1969 on the following appeals: 7:30 PoMe McGunnigle, a variance (EoDoS.TQ), upon application of Agnes Do Box 52A North Road, Southold, New York, for in accordance with the Zoning Ordinance, Article III~ Section 300, Subsection 7, for permission to use existing building for buslnass office. Location of property~ north side of Middle Road ~R27), Cutchogue, New York, bounded north by J. Slmcik-Cumisky, east by Antone Pawluczyk, south by Middle Road~ west by Simcik- Shalvey. 7:45 P..M. (E.D.S,T.), ut~on apl~.L:l.¢:ation Of llor-~t-~a W. & Agnes Mo Cole~ Ha~aters Road - Nassau Point~ Cutchogue~ New York~ for a variance in accordance wi~ ~e Zoning Ordinance~ Article ~I~ Section 300~ Subsection 6~ for permission to build accessory building in front yard area. Loc~tion of pro~rty: corner o.~ Ha~aters and Old Menhaden Roads~ Map o~ Nassau Point Club P~'o~,~.~ b~; No. 806~ Section D~ Lot N~. 374~ Cutchogue, N~w York, NOTICE OF HEARINGS pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on September ll, 1969 oil the following appeals: 7:30 P. M~ (EDST), upon appli- cati~ of Agnes D. ~cOunnigle, BOX 52A North Road, Southold, cordance with the Zoning Subsection 7, for permission to rise e~isting building for .ness office. Location of property4 north side of Middle Road (CR 2'/), Cuteho~ue, New York, bounded north by J. Simcik- Cumlsk~, east by Antone Paw- west by Simcik-Shalvey. '1:45 P. M. (EDST), upon appli- Point, Cutchogue, New York, for a variance in accordanCe%th the zoning Ordinance, Ar~cle irI, Section 300, Subsection 6~ for permission to build accessory building in front yard area. Lo- Haywaters and Old Menhaden Ro~Is, Map of Nassat~ Point. Club Properties No. 806, Section D, Lot No. 374, Cutchogue, New York, bounded north b), Old Menhaden Road, east by P. J. George, south by Geo. H. Starkie, west by Ha~waters Road. 8:00 P. M. (EDST), upon appli- Jule Lane, Mattituck, New York~ the zoning Ordinance, Article 1TI, Section 300, Subsection 6, for permission to locate acces- s0ry bntldtog in front yard area. Location of property: west side of Ole Jule Lane, Mattituck. New York, bounded north by J. Zebreski, east by Ole Jule Lane, _,s~_h. by S~lvina Zabra. west by Canal. 8:16 P. M. (E~ST), ilpon appli- cation of R. V. Foyle a/c George deP Lord, Jr., Fishers Island New York, for a variance in ac- curdanec with the ~.oning Ordi- ~no~, Article III, Section 300, Subsection 6, and Article V~, Section '/03, for permission to yard area. Location of property: Fishess Island Estates, Fishers ~sland, New York, bounded north by 1~. I. Development Corp., east by private road, south by private road, West by Agnes Noyes others. _ COUNTY OF SUFFOLK } STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK 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 Traveler-Mattituck Watch- man once each week for ......... successively, commencing on the .................... ~ .............. day of ....... ~~,~ ..... 19.~.~. ....... ......................... Sworn to before me this ......... ~ ............ day of .... No~ 8:90 P.'M~'(~T~[UpOn applt~ ' cation of Mattituck Lions Club, Mattituck, New YOrk, for a spo- clal exception in accordance with the Zoning Ordinance, Article 1~', Section ~08, for permission to erect an off premises information sign on the property of J Duryee Estate. Location of property: east side of Love Lane, Mattituck, New York, bounded north by Pike Street, east by Lutz & Long, south by W. H. Drum Estate, west by Love Lane. Any person desiring to be heard on the above applications should appear at the time and place specified. Dated: August 21, 1969 BY ORDER O1· THE BOARD 01~ APPEALS 1T--4 Ill LEGAL NOTICE Notice; a~ Heari~s Pursuar~t to ~ec'don 267 of the Town ~ and' the provisions of the amended Building Zone Ordin- ance of the Town of Southold, Suf- folk Cour~ty, New York, public hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office,, Main Road, Southold, new York, on September 11, 1969 on the follow- Lug appeals: [ 7:30 P.M. (E.D.S.T.), upon appli- plication of Agnes D. McGunnigle, Box 52A 2N-orth Road, Southold, York, for a variance in accordance with the Zoning Ordinace, Artiele. III, Section 300, Subsection 7, for )ermission to use existing building for business office. Location o£ property: north side of Middle Road (,CR27), Cutchogue~ new York, bounded north by J. Sirneik- Cumisky, east by Antone Pawluc- zyk, south by Middle Road, west by Simc_Lk -Shalvey. 7:45 P.M. (~.D.S.T.), upon appli- cation of Rossa W. and Ag~s M. Cole, I-Iaywaters Road-~assatt~Point, Outch~gue, ~'~ew York, for a vari- ance m accordance with thb Zon- ing Ordinal~ce, Article III, ~Seet/on 300, St~b~. tion 6, for permission to build accessory building in /font rard area. ~.~cation of ~oroperty: corner of ~Iaywaters and Old Men- baden Roads, Map of ~Nassau P. oint[ Club Properties No. 806, Section D, Lot No. 374, Cutchogue, N~w York, ~bounded north by Old Menhaden[ Road, east by P. J. George, south~ by Geo. H. Starkie, west by Hay- waters Road. 8:00 P. ~VI. (E~D.S.T.), ~lpon appli- cation of Charles R/volta, Ole Jule Lane~ Mattituck, New York, for a variance in accordance with the Zon, ing Ordinance, Article III, Sec- tioff~ 300, Subsection 6, for permis- sion to lo, ate accessory building in front yard area. I.~cation of prop- erty: ~v~est side of Ole Jule Lane, Mattituck, ~Tew York, bounded north by J. Zebroski, east by Ole ~ule Lane, east by Salvina 'Zahra, west by Canal. 8:15 P.M. (E.D.S.T.), upon appli- cation of R. V. Foyle a/c George deF Lord, Jr., Fishers Island, New York, for a variance in accordance with the Zoning Ordiannce, Article II.I; Section 300, Subsection 6, and Article Vii, Section 703, for per- mission to locate, accessory build- ing in front yard area: Location of property: Fishers Island Estates, Fishers Island, New York, bounded north by F. I. Development COrp., east I~y private road, south by pri- vate road, west by Ag~es Noyes others. 8::30 P.M. (E~D.S.T., upon a~pti- cation of~ ~Mattituck Lions Club, [Mattituck, NeW York, for a special l exception in accordance with the Zoning Ordinance, Article IV, Sec- tion 408, for,permission to erect an off premis~f~formation sign on the property of, J. Duryea Estate. Loca- tion of property: east siite of Love Lane, Mattguck, ~qew York, bound- er north b~, ~Pike Street, east by Lutz & Long, south by W. H. D~um Estate, west by Love Lane. ! A~y person desiring to be heard [ on the above applications should ap- ,/)ear at tl/e time and Place speci- fied. DATED: AUGUST :~1, 1969, BY OR- DER OF T/-IE sOWrHOLD TOWN ~OARD ~OF APPEAI~ ltS5 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: J · ' '-~'~'-..~-'.~~.. being duly Sworn, says that . .'~L... is Printer und Publisher o! the SUFFOLK WEEKLY TIMES, a newspoper published ~t Greenport, in ~d county~ ~nd [h~t the naris, of which ~e ,~ne~d is ~ printed ~py, h~s been published in the ~id Suffolk Weekly Times ~nce in each weak, tor ......... ~ ............ week~ suc~ssiv~ly commencing on the ... ~~ .Y .............. ............... Sworn to ~f~e me this ..~>.~.. I ............ ............... .6~/*/3q TOW, OF SOUT.OLD, APPEAL FROM DECISION OF BUILDING INSPECTOR O APPEAL NO. /,wg~/ DATE .~Z/../.,../?o/? TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~e) ......... ~gr~&..l~aGLt~igle .................. of ...R.aX..~2..~ ......~O.l:~h..RoacL .................... Name of Appella,n~ Street and Number ........................ ~.Q.~,.9.~.~ ...................................................... ~-.~', ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING IINJ6"'PECTOR ON APPL,CA T,ON FOR PERM,T NO ..................................... DATED .......-- / WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) ( ) · .AC~ES..D, .. Y~.IDD-N~ZIDZ~ ........................................ Name of Applicant for permit of ............ .~.0.~...~..~.......~g. nt.h.. P~,.... S~kold.,.. i~e~...'ZcarJ~ .................................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~./S..M£d~a..~oa~ ............................. ;!A:f .......................... Street Use District on Zoning Map Iv~ap 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: .~ceinn 3OD; gn~4n~ 7 3. TYPE OF APPEAL Appeal is made 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 ~ll:) (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 ...................................................................... REASON FOP, APPEAL ( ) A Variance to Section 280A Subsection 3 (X~ A Variance to the Zoning Ordinance ( ) is requested for the reason that use of a bu/ldin~ and land that does ~ot co~21¥ with the regulations for the district (A) in which it is situated (proposed use for an office for the sale of and rental of real estate) Form ZB1 (Continue on other side) REASON FOR APPEAL 0 Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- san/HARDSHIP because present: buildings were aceessory buildings on the premises p:ior to the widening of Middle Road (CAR. 27), following condemnation of the front portion of the then premises and the removal of the principal buildin8 therefrom. The widening of the highway has changed the character of the area and the premises in question so that the proposed use would be proper and in keeping with the genaral area 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 see (1) above; the character of the district has been substantially changed by the condew~ation of propertp and the widening of C.R. 27 STATE OF NEW YORK ) ) ss COUNTY OF ) u Signature Sworn to this .................. ................dayof ............. ~.................... 19&7 TOWN OF SOU-i't~OLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date .......................................................... ........ ~'~EASE T~"~'O'~ '~' ;~;' .. ated ................ ~.~.......~...~. ....... 19...~...~.. for permit to ~~"[?~'"'~"f~:*~/at the premises located at .......~'..~...:,~, ,Y' ................ Map ............... ~ ..................... Block .......... ..~... ........................ Lot ........ ~ .................................... is ,~_...e~_ ~ ........ ~ ~d disapproved on the followinF grounda ......... '..~...r.. ............................... JOHN J. TEL.: 516 - 751-1414 J. JON COUNSELLOR AT LAW POST OFFICE BOX J ROUTE 25A, STONY BROOK, N. Y. 11790 August 6th, 1969 Board of Zoning Appeals To~m of Southold To~n Hall Southold, New York 11971 Re: Variance Application Agnes D. McGunnigle ~entle~en: I forward, herewith application (6 copies) plus survey (6 copies) for variance application of A~nes D. McGunnigle, for property on Middle Rmad, 350' + or - west of Bridge Lane. In addition, enclosed is check of applicant for $5,00 to the order of Board of Zoni~ Appeals, To~n of Southold, the fee therefor. Please advise the undersigned when the matter will appear for hearing. jJ/r b encl I trust that same is in order, however, if there is anything further you requre, please advise. March 26, 1969 M~S. &Shes Nc(~unnLgle B~x 52 A ~o~th Road $outhold0 L.I., S~ York Dear ~s. ~unn~gle~ Enclosed please f~nd application fo~ for variance to ~e Board of ~als, and lnfomt~ ~t. Ail on ~e application must ~ f~lled ~n ~e s~Ject p~o~ty, ~ng ~n 500 feet of a count~ zoad, must ~ applied b~ ~e Suffo~ Count~ Pl~n~g Please foll~ all ~st~uctions on ~ e~losed ~nfomtton sheet. Yours Bu~ld~ng InspeCtor TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. } Planning Bd, 765-2660 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and' m, the ....~II~...~.~....A.~.~..~. ......... of the town of ....~(~*~,~ ................ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes ............ Special Permits ..~... Variances Location of affected land: .... ~...]l~l~tl...~lk~...(.~.)...A~l~....~..~..~..~....~/....~.~.~J.~...~.t within 500 feet of: (check one or more) ............ Town or village boundary line ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on whicha public 'building is situated Comments: ~e ~a ~t a po~ted ~ed ~ the eA~ d/atrlot ~ ~o ~ to ke~ ~ ~e of ~e ~eal p~o~ge5 b~ Beber W. Otlle~.te ,Tr (signed) Chairman T~tle Date received by Suffolk County Planning Commission ........................................................................ File No ................................. Seth A. Hubbard Chairman Lee E. Koppelman Director o! Planning Suffolk County Department of Planning H. Lee Dennison, County Executive Veterans Memorial Highway Hauppauge, L. I., N. Y. 724-2500 October 6, 1969 Mr. Robert W. Gillispie, Jr., Chairman Southold Town Zoning Board of Appeals Box Z96 Main Road East Marion, New York 11939 Re: Application of Agnes McGunnigle for a use variance, Town of Southold (SD-69-Z3) Dear Mr. Gillispie: Pursuant to the requirements of Sections 239-1 and m of the General Municipal Law, the Suffolk County Planning Commission on October 1, 1969 reviewed the above captioned variance and, after due study and deliberation, disapproved it because of the following: 1, The proposed use is not in harmony with and does not promote the general purpose and intent of the zoning ordinance. Z. The Town Master Plan designates this area for Agri- cultural-Residential use and absolutely prohibits com- mercial ribbon developl~nent along County Road 27. 3. It is not consistent with the present character of the area. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Associate Planner GGN: cb / / /. TO\¥H 01: 50UTLIOLt~ llPPLII:II, TI0 H ~GHES D. IAcGUNNIGL[ SGUTI,IOLil , HTW 5C~L[ . ZOO'. !" ¥1:lFl TUlL & .'.5014