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HomeMy WebLinkAbout1889 Appeal No. 18 8 9 TO~VN OF SOUTHOLD, NEW YOKK ACTION OF THE ZON~/G BOARD OF APPEALS Dated March 25, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Edwin W. Stewart 20 Carole Road Southold, New York Appellant at a meeting of the Zoning Board of Appeals on April 11, was considered and the action indicated be/ow was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance Of ) Request for a variance to the Zoning Ordinance ( ) 1974 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determ~ed that a special exception ( ) be graded ( ) ~ dedied pursuant to Article .................... Section .................... Subse~ion ....................paragraph .................... of the Zoning Ordinance and the deccan of the Building Inspector ( ) be reversed ( ) be co~med b~au~ 9:00 P.M. (E.D.S.T.), upon application of Edwin W. Stewart, 20 Carole Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Chapter 100, Section 100-32B, for permission to locate accessory building in side yard with insufficient area to property line. Location of property: 20 Carole Road, Southold, New York, bounded on the north by M. Kuermer; east by Arshamomaque Pond; south by Arshamomaque Pond; west by Carole Road. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) 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. .ZONING BOARD OF APPEALS Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to locate accessory building in side yard with insufficient area to property line. The findings of the Board are that applicant has chosen the only feasible location for an accessory building, which is not attached to the house. The applicant's legal front yard is the area toward the road, and the easterly and southerly exposures are on the pond. The Board agrees with the reasoning of the applicant. The Board finds that strict applicationof the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Edwin W. Stewart, 20 Carole Road, Southold, New York, be GRANTED permission to locate accessory building in side yard with insufficient area to property line. Location of property: 20 Carole Road, Southold, New York. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, Legal Notice Pg. 2 8:30 P.M. (E.D.S.T. upon application of George L. Penny IV, Sound View Avenue, Southold, New York, for a variance due to lack of access, Town Law, Sec. 280A, Sub 3, for approval of access to interior lot. Location of property: south side Sound View Avenue, Southold, bounded north by Sound View Avenue; east by D. R. Grattan; south by D. R. Grattan; west by Robert Bayley. 8:45 P.M. (E.D.S.T.) upon application of Paul & Michele ii Cusumano, Fleetwood Road, Cutchogue, New York, for a variance i in accordqance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to use existing structure for additional living space with insufficient sideyard. i~Location of property: Fleetwood Road, Cutchogue, New York, bounded on the north by Fleetwood Road; east by Fleetwood Road; south by E. Hansen; west by H. Meyer. 9:00 P.M. (E.D.S.T.) upon application of Edwin W. Stewart, 20 Carole Road, Southold, NeW York, for a variance in accordance ~wlth the Zoning Ordinance, Chapter 100, SeCtion 100-32B, for permission to locate accessory building in side yard with insufficient area to property line. Location of property: 20 Carole Road, Southold, New York, bounded on the north by !IM. Kuermer; east by Arshamomaque Pond; south by Arshamomaque Pond; west by Carole Road. 9:15 P.M. (E.D.S.T.) upon a~plication of Harvey F. Bagshaw, Deephole Drive, Mattituck, New York for a special exception in accordance with the Zoning Ordinance,. Article VII, Section 100-70 B (4) for permission to use building as auto repair (body shop). Location of property: Sound Avenue, Mattituck, bounded on the north by North Fork Bank; east by Love Lane; south by Sound Avenue; west by Episcopal Church. 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 Ro~cd, South- old, New York, on April 11, 1974 on the following appeals: 7:45 PM (E.D.S.T.) upon applica- tion of Mary E. Wheeler and Linda J. Wheeler, 3500 Boisseau Avenue, Southold, New York, for a variance in accordance with the Zoning Ord- inance, Article III, Section 100-30, 100-31 and Bulk Schedule for per- mission to divide lot with insufficient width and area. Location of property; east side of Boisseau Avenue, bounded north by J. Carroll & Ano.; east by J. Carroll & Yennec0tt Park; south by Yennecott Park; west by Boisseau Avenue. 8:00 PM (E.D.S.T.) upon applica- tion of Gasper Pisacano, Cedar Beach Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Sec- tion 100-30, 100-31 and Bulk Sched- ule for permission to redivide prop- erty with insufficient area. Location of property: Cedar Beach Road, Paradise Point Road, Southold, New York, bounded north by A. Wey- mouth Il; east by E. Heacock -- Wf; south by Cedar Beach Road; west by Paradise Point Road. 8:15 PM (E.D.S.T.) upon applica- tion of Lloyd Terry, Main Road, Orient, N~w York, for a special ex- ception in accordance with the Zon- ing Ordinance, Article I11, Section 100-30 B 8 (a), for permission to op- erate farm labor camp. Location of property: south side Main Road, Orient, New York, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Ed- ward Latham. 8:30 PM (E.D.S.T.) upon applica- tion of George L. Penny IV, Sound View Avenue, Southold, New York, for a variance due to lack of access, Town Law, Sec. 280A, Sub 3, for ap- ,proval of a~cesg to interior 1o~. Loca- tion o{ property: south side Sou0d View Avenue, Southoid, bounded north by Sound View Avenue; east by D. R. Grattan; south by D. R. Grattan; west by Robert Bayley. 8:4S PM (E.D.S.T.) upon applica- tion of Paul & Michele CuSumano, Fleetwood Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Art/cie III, Section 100-31 and Bulk Schedule for permission to use existing struc- ture for additional living space with insufficient sideyard. Location of property: Fleetwood Road, Cut- chogue, New York, bounded on the north by Fleetwood Road; east by Fleetwood Road; south by E. Ha~ sen; west by H. Meyer. ~ ~ 9:00 PM (E.D.s.T.) upon applica. tion of Edwin W. Stewart, 20 Carole Road, Southold, New York, for a var4 iance in-accordance with the Zoning Ordinance, Chapter 100, Section 100-32B, for permission to Ioeatel accessory building in side yard witl' insufficient area to property line. Lo. cation of property: 20 Carole Road, Southold, New York, bounded on the north by M. Kuermer; east by' Ar- shamomaque Pond; south by Arsha- momaque Pond; west by Carolel Road· -- II 9:15 PM (E.D.S T.) ~ppon applica- t on of Harvey F. Bagshaw, Deep- hole Drive, Mattituck, NeE- York for a special exception in accordance with the Zoning Ordinance, Article Vll, Section 100-70 B {'4) for permis- sion to use building as auto repair (body shop). Location of property: Sound Avenue, Mattituck, bounded on the north by North Fork ,Bank; east by Love Lane; south by Sound Avenue; west by Episcopal Church. 9:30 PM {E.D.S.T.) upon applica- tion of Fogarty Incorporated, Box 1000, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (b) (1) to maintain sign of excessive size. Lo_ ' cation of property: 7055 Main Road, bounded on the north by Long Island Railroad; east by D. Tuthill; south by Main Road; west by W. Ritzer. 9:4S PM (E.D.S.T.) upon applica- ~ tion of North Fork Baptist Church, Route 27A, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article 111, Section 100-30 B (2) (3) (4) (6) (7) foy p. ermission to expand the present mmmtry to include a youth hostel. COUNTY OF SUFFOLK STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-I-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 Zmveler-Mattituck Watch- man once each week for ....... k.~.~..G~.-~:....;~i,,::~ .... weeks' successively, cam. menacing on the .............. ~,...~..c.~ ......... day of ......... ~.,.~..:..,~-.,4,,C.~.~..2., 19~,.~-.~. ~ Sworn to before me this ........... :7.). ......... doy of ,r ,A ?, .' . ) 19.,.,..,~.~. NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Suuthold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Suuthold, at the Town Office, Main Road, Seuthold, New York, on April 11, 1974 on the following app~ 7:45 P.M. (E.D.S.T.) upon application of Mary E. Wheeler and Linda J. Wheeler, 3500 Buisseau Avenue, Seuthuld, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30~ 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: east side of Roissean Avenue, bounded north by J. Carroll and another; east by J. Carroll and Yenneeott Park; south by Yennecott Park; west by Boisseau Avenue. 9:00 P.M. (E.D.S.T.) upon application of Gasper Pisacano, Cedar Beach Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30, 100-31 and Bulk Schedule for permission to redivide property with insufficient area. Location of property: Cedar Beach Road, Paradise Point Road, Southold, New York, bounded north by A. Weymouth II; east by E. Heaceek and wife; south by Cedar Beach Road; west by Paradise Point Road. 9:15 P.M. (E.D.S.T.) upon application of Lloyd Terry, Msin Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B 9 (a), for permission to operate farm labor camp. Location of property: south side Main Road, Orient, New York, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Edward Latham. 9:30 P.M. (E.D.S.T.) upon application of George L. Penny IV, Sound View Avenue, Southold, New York, for a variance due to lack of aeeess, Town Law, Section 280A, Sub 3, for approval of access to interior lot. Location of property: south side Sound View Avenue, Southuld, bounded north by Sound View Avenue; east by D.R. Grattan; south by D.R. Grattan; west by Robert Bayley. 5:45 P.M. (E.D.S.T.) upon application of Paul and Michele Cusumano, Fleetwood Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to use existing structure for additional living space with insufficient sideyard. Location of property: Fleetwood Road, Cutchogue, New York, bounded on the north by Fleet- wood Road; east by Fleetwood Road; south by E. Hanson; west by H. Meyer. 9:00 P.M. (E.D.S.T.) upon application of Edwin W. Stewart, 20 Carole Road, Seuthuld, New York, for a variance in ac- cerdance with the Zoning Or- dinance, Chapter 100, Section 100- 32B, for permission to locate accessory building in side yard with insufficient area to property line. Location of property: 20 Carole Road, Southold, New York, bounded on the north by M. Kuermer; east by Ar- shamomaque Pond; south by Arshamomaqne Pond; west by Carole Road. 9:15 P.M. ( application of Harvey F. Bagshaw, Deephole Drive, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permission to use building as auto repair (bedr -',op). Location of property: .~d Avenue, Mattituck, bounded on the north by North Fork Bank; east by Love Lane; south by Sound Avenue; west by Epis_copal Church. 9:30 P.M. (E.D.S.T.) upon application 6f Fogarty In- c0rporated, Box 1000, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (b) (1) to maintain sign of excessive size. Location of property: 7O55 Main OF SUFFOLI~, DF NEW YORK. ~ ss: ~.'~B.a.Z?.~...C.;..D.Q .z-re..al? ........... being duly Sworn, ...h..e.. is Printer and Publisher of the SUFFOLK TIMES, a newspaper published ~t Greenport, in said nd that the notice, of which the ~nnexed is u printed been published in the said Suffolk Weekly Times ministry to include a youth. hostel. Location of property: Route 27A, Mattituck, bounded on the north by Hurtun Avenue and W.A. Kaiser; east by C. Sanders and C. Born; south by County Road 27; west by J. Haas. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: March 29, 1974 BY ORDER OF THE sOUrHOLD TOWN BOARD OF APPEALS Road, bounded on the north by Long Island Railroad; east by D. Tuthill; south by Main Road; o~e (1~. weeks west by W. Ritzer. ,ocb week~ :got ......................... 9:45 P.M. (E.D.S.T.) upon application of North Fork Baptist '~ly vommencin9 on ~he ........ .lt:.-~b .............. New York, for a special exception in accordance with the Zoning .~~.~ ~[~_.~ .... ~.. ~.~ ................... Ordinance, Article III, Section 100-30 B (2) (3) (4) (6) (7) for > begoxe me this ...i~'l;b. .... permission to expand the present FOKM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. NOTICE OF DISAPPROVAL ...... /...(...~......~.-....~ ......... ~ ........... ....... ~.~ ......... ~:..y.........~.~..~ PLEASE TAKE NOTICE that your application dated for permil to construct .~...~...at the p~'r~i~"l'~i~"~i"ii'.~.'.i~... '.~.'.'.'.~ .... ~..~.. ~....~.....~. ~.. .................................... Street ~o~ ....... /~...... ......... ~,oc~ ......... ~ ......................... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .L~r.~h..25;.,..197~t TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~) ...... Edwln..W.....St e,want; ..................... of ...... 20..Ca~ala..Roa~l .................................... Nome of Appellant Street and Number ..................... .South.(~l,d, .................................................. ~t'.{~W..,~'.0.37]¢, ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL,CATION FOR PERMIT NO ..................................... DATED ...........~/..~..~/.~....~.. ....................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of .... ~Q ...~.{t~.~ 1.e... ~.~ .................... 8o.u.~h~ld, ............... ~[~t~/...]~.k ................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Location of accessory building. 1. LOCATION OF THE PROPERTY ....... ~0....C...a~.o.l.o...~.e.~.~,...~.~.~.~h.~t~o...~..e..w....~.o..~k ........... Street Use District on Zoning Map 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 Ordi.nance.) c~ter !00 - Section ]O0-3P-R- 3. TYPE OF APPEAL Appeal is made 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 Cons. Laws Art. 16 Sec. 280A Subsection 3 (the location of accessory building in side (x) A variance pertaining to (yard and to within 18" of property line. 4. PREVIOUS APPEAL A previous appeal (1~) (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 .......... N/A ..................................................... ( ) ( ) (x) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequestedforthereasonthat the small lot size of approximately 60' x 100~, including beach area, has no other suitiable area for location of needed accessory building. Fo~m zB! (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION QF THE ORDINANCE would produce practicaldifficulti~ orunneces- sary HARDSHIPbecau~ the placement of the needed accessory building within the area permitted by the Code would result in it being located a short distance away from my neighbors living room window and thereby obstruct his view of Hashamomuck Pond. Also, its olacement within the permitted area would make it visible to most of the residents along the Hashamomuck Pond shoreline and would not improve their view. 2. The hardshipcreatedis UNIQUEandisnotshared by all prope~ies ali~ in the immediate vicinity ofthis prope~y andinthis use district becouse the house and lot are located at the end of Carols Road and face the Pond. (see enclosed photo's) The entire property is clearly visible from almost any point around the Pond and.~nv construction within the legal rear yard of this proper~ affects the~ view of a large number of persons. 3. The Variance would obse~e the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ the accessory building was designed and located so that it would be as inconspicuous as possible. It does not disturb are change the character of the neighborhood in anyway. Note: The enclosed photograph shows the location of the building in question. It is not connected to the house in anyway and is entirely independent of it antis moveable. It was erected without any knowledge ~ thought that a variance would be required. STATE OF NEW YORK ) ) ss ........ ~ .~./.. · ....... COUNTY OF New York) ' Si~'nature ~/ Sworn to this .............. ~:..~.~. ....................... day I~l~Tfied in Bronl~Co~n~'¥ ~ert;ficete filed in New York County ~mb~ien Ex~ires M~r~h 30, 1974 115 Slabey Avenue Malverne, New York March 16, 197~ Town of Southold Office of Building lnspeeto~ Town Clerk, s Office Southold, New York 11971 ~entlemen: This will acknowledge receipt of youm orde~ to Remedy Violation, dated March 11, 197~, pePtaining to an accessory structume located in the rear of my house on ~arole Road, Southold. On its face you~ order appears to be techinally de~e~ in that it describes the p~emises upon which the altered violation exsist as being 20 Cajole Road instead of 2 Cajole Road. I have never known this location to have any address otheP than 20a~ole Road and have never been infox~aed of any change in such address. However, be that as it may, I would like to info~myou that the alleged violation has in no way been intentional on my pax*t and the structure was erected under the assumption that no per. it or variance was required. And further I wish to assureyou that whatever violations may exsist will be corrected as seem as a reasonable and practical way of doing so can be worked out. The >first point to be considered is to request you to extend the March 21st date of compliance for a period of six months or until the end of the approaching summer seasom. I believe such a request to be reasonable in view of the fact that the violations or of a minor techinical nature and present ne problem in regard to the health o~ safety to anyone and do not seem to disturb anyome except your office. I would also appreciate any suggestions from arlene in your off, ce as to how the present structure may be modified so as to remove your effical concern. If the lemght is reduced to umdo~ ten feet will it still require a permit o~ variance in its present location. I a~ not sure if you are aware that the present structure merely replaced another structure located on the same spot for several years. No objection was raised to its location. The new structure is merely a somewhat larger replacement and is not attached to ~e house in anyway. I would apnreciate you granting me additional time to make whatever modification or removal if necessary and any help oF advice you may be able to give me regarding a solution to this problem. Very t~uly yours, EdWin W. Btewa-~t TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION (owner or authorized agent of owner) (address of owner or au~orized agent of owner) /' PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance ~. ~.../~.f .~..~../~....../...~..~---) Other Applicable Laws, OrdinancesA~z~,Z~..~S.~..C%x~or Regulations.~.. .......................................... /~..~.r~...~...~. ,~ at premises hereinafter described in that ~ .... ~.~.-~..... ~ ../ ~ (state ch~'racter of violation) . .,~.../.~..~..~.~......-.. ...... z.z-~.~...z~....,~.....~....,~..~...~..cz...~.~..~.,..~z,'~ ...... v o,ation ....... fState section or paragrapfl of applicable Iow, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and. to rem~.he conditions above mentioned forthwith in or before the ..../..~'/~.~/-./~/~......~../...~....~.~... .. day of ...~'~-/-~ ~.. ....................... 19Z ..~ The premises to which this ORDER TO REMEDY VIOLATION refers are situated at c~C~....~/.~'(~.~...~....4~..:....~a.Z...~.~.~.....County of Suffolk, New York. Failure to remedy the conditions aforesaid and to compl~/dth the applicable provisions of law // may constitute an offense punishable by fine or impriso~or both. Building In,pector 3 EAST 54 STREET NEW YORK, N.Y. 10022 TELEPHONE 759-9400 November 1, 1971 Building Inspector Town of Southhold Southhold, New York Re: 2 Corele Road Southhold~ N. Y. Dear Sir: On October 28~ 1971 someone from your office affixed a notice to a shed on my premises which states: "There appears to exist a violation of building zone ardinance on these premises. Article VII, Section 703." The notice further states that I should contact the Building Inspector by November 10, 1971 regarding the matter. I would appreciate you advising me of the specific nature of the supposed violation and of what steps, if any, can be taken to remove Very truly yours, Edwin W. Stewart / 115 Slabey Avenue Malverne, New York 11565 CABLE ADDRESS: ELIZARDEN Southold Town Board of Appeals -11- April 11, 1974 On motion by Mr. Grigonis, seconded by Mr. Bergen, it was RESOLVED, Paul and Michele Cusumano, Fleetwood Road, Cutchogue, New York, be GRANTED permission to use existing structure for additional living space with insufficient side yard on property located on Fleetwood Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC HEARING: Appeal No. 1889 - 9:00 P.M. (E.D.S.T.), upon application of Edwin W. Stewart, 20 Carole Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Chapter 100, Section 100-32B, for per- mission to locate accessory building in side yard with insufficient area to property line. Location of property: 20 Carole Road, Southold, New York, bounded on the north by M. Kuermer; east by Arshamomaque Pond; south by Arshamomaque Pond; west by Carole Road. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRbk~N: I might say that the applicant has chosen the only feasible place for an accessory building. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. EDWIN W. STEWART: I think the application speaks for itself. I believe you noted from the position of the house on the lot that it is the only feasible place. We really need a storage area. THE CHAIRMAN: We talked to your neighbor and he approves of it. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) S~uthold Town Board of Appeals -12- April 11, 1974 After investigation and inspection the Board finds that applicant requests permission to locate accessory building in side yard with insufficient area to property line. The findings of the Board are that applicant has chosen the only feasible location for an accessory building, which is not attached to the house. The applicant's legal front yard is the area toward the road, and the easterly and southerly exposures are on the pond. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immedi= - ate vicinity of this property and~in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gil~ispie, seconded by Mr. Bergen, ~ it was RESoLvED, Edwin W. Stewart, 20 Carole Road, Southold, New York, be GRANTED permission to locate accessory building in side yard with insufficient area to property line. Location of property: 20 Carole Road, Southold, New York. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, PUBLIC HEARING: Appeal No. 1890 - 9:15 P.M. (E.D.S.T.), upon application of Harvey F. Bagshaw, Deephole Drive, Mattituck, New York for a special exception in accordance with the Zoning Ordinance,' Article VII, Section 100-70 B (4) for permission to use building as auto repair (body shop). Location of property: Sound Avenue, Mattituck, bounded north by North Fork Bank; east by Love Land; south by Sound Avenue; west by Episcopal Church. Fee paid $15.00. The Chairman opened the hearing by reading the applica- tion for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. March 19, 1974 Mr. Edwin W. Stewart 115 Slabey Avenue Malverne, New York 11565 Dear Sir= In answer to your letter of March 16, 1974. The official house number of your home on Car.la Road that has been assigned is %20. These n~mhers are assigned based on a starting point of "0" feet. In this case, the south end of Car. la Road being Zero, and %20, an even number, desigantes the right side of the road approximately 20 feet to the center of the property. Our Police Department and Fire Department in your fire district ~ave this number on their records and will, therefore, know where to respond in the event of emergency. You were notified on October 28, 1971 that the accessory building was in violation and, again, on November 3, 1971 a letter was sent to you by Mr. Terry. The violations are as follows~ 1. All structures require building permits - Art. XIV - Sec. 100-41. Accessory Buildings are to be located in the rear yard and not closer than S~0# to any property line. Art. III, Sec. 100-32 B. These Articles are included in Chapter 100 Zoning Ordinance, Town of South. Id. I'm suns you will agree that sufficient time has been granted from the time you were first notified to correct this situation. This file will be date~ ahead to April 19, 1974. This will give you 30 days to correct these violations. There is nothing other than applying for a variance to modify this condition. I 'doubt that a variance would be granted since there is no hardship in Mr. Edwin W. Stewart -2- March 19, 1974 meeting requirements. Trusting your questions have been satisfied and that you will correct these violations to avoid further action. Yours truly, EH:mm Edward Hlndermann Building Inspector Edwin W. Stewart Slabey Ave Ealvern, N.Y. ~ovember 3, 1971 Dear Sir~ Your letter of November 1 received. It appears that somone has built an accessory structure in your northerly side yard without a permit. Permits are required for all construction and accessory struc- tures must be in the rear yard. Enclosed please find application for permitt.the structure will have to be moved to the rear yard ( easterly side~ Yours truly Building Inslector '