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Home My WebLink About334Bay V~ew Road Dec. 15, 1960 S~uthold, N~w York Page 1 (Goldsmith Brothers) GRANTED permission to locate private garage With reduced setback S/S Bayview Road, Southold, New York. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATED..~..~...~...~._~r...~.?, 1960 Appeal No. 334 Dated November 28, 1960 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD Goldsmi~h Bras, a/c David McConnell To Southold, New York Bay View Road Southold, New York Appellant at a meeting of the Zoning Board of Appea. ls on Thurs., December 15, 1960 the appeal was considered and the action indicated below was taken on your ( ) ( ) (X) ( Request for variance due to lack of access to property Request for a special exception under the Zoning Ordinance Request for a variance to the Zoning Ordinance 1 SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ................ Section ................ Subsection ................. pa:ragraph ................ of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:30 P.M. (E.S.T.), upon application of Goldsmith Brothers, Southold, New York, a/c David McConnell, Bay View Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to build private garage with reduced setback. Location of property: south side Bay View Road, Southold, New York, bounded north by Bay View Road, east by Paul Miller, south by other land of D. McConnell, and west by private road. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (~l~r~produce undue hardship because it would be impossible for applicant to maintain a 50 ft. setback which is required for a detached garage. (b) The hardship created (is) (l~:~zl(:X~unique and ~ (would not) be shored by all properties alike in the immediate vicinity of this property and in the same use district because this is the narrowest lot in the entire area and a corner lot established prior to the enactment of the Zoning Ordinance. (c) The variance (does) (~ observe the spirit of the Ordi.nonce and (f~l~ (would not) change the character of the district because the garage will be located in the middle of the rear yard area of this 50 ft. lot, 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. Goldsmith Brothers, a/c David McConnell is granted permission to locate private garage with reduced setback. The Board is of the opinion this is the best location on the lot that can be fDund for this garage. .Ap?ROVLDr x-' ZON,NG BOARD OF APP ,S (-~~/~dith T./Boken B0~rd 0t0t /~i~e/~;~e~s / / ec ~rd S retary LEGAL NOT/CE Pursuant to'Section 267 of the Town Law and the provisions of the Amended Bulldhng' 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 cf Seuthold, at the Town Clerk's Office, Main Road, Southold, New York, on December 15, 1960, on thc roi-' lowing appeals: 7:30 P. M. (E.S.T.), upon application of Goldsmith Brothers, Scuthold, New York, a/c David McConnelL 'Bay View Read, Southold, New York, for a vari- ance in accordance with the Zonin~ Ordinance, Article III, Section 300 Subsection 7~ for permission to build p¥ivate' garage with reduced setback. Location of property: south side Bay. View Road, Southold, New York, bounded north by Bay View Road, east by Paul ~Iiller, south by other land of D. McConnell, and west by private road. tion of Suffolk Outdoor Advertising Company, Inc., Box 624, Greenport, Ne~v, York, for a special exception in ance, Article III, Section 300, Subsec- tion 11, for permission to erect and maintain a commercial, advertising sign on the.property of Erneat C. Tuthill, south side Mid,ilo Road' (Route 27 A), .Ivlattltuck, New YQrk, bounded north by Middle. Road (Route 2~A), east by' other land of E. C. Tuthili, South by ,Railroad, and x~est' by J. C. Tuthill. 8:45 P. M. (E.S.T.), upon .application of Mattituck D~cks, '~nc.; Rudolph [! Kammerer Manager, Naugles Drive Mattituck, New · York, and Jean Il Fenmor~, Naugles Drive, Mattituck,[l New York, for a variance in accordance Ii with the Zoning Ordinance, Article V; Section 5~4, fo~' permission.to reduce frontage in "C" Industrial District,. Lecatioi~ of property: north side Naug- les DrWe, l'ff~[tfituck New York, bound- ed north by other, land of Mattituck Docks, Inc., east by Aycardi, south by Naugles l~ive, and west by'Jean Pen- Any person desiring to be 'heard on the above applications should appear at th~ time and place above specified. )ATED: Dec,tuber 5, 196~' By Order of, the Southold Town Board. of Appeals. - ' COUNTY OF SUFFOLK ~ STATE OF NEW YORKt ss. W~alter B. Gagen, being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA~-TITUCK 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-Mottituck Watch- each week for ....~..~,-~..../...~....-~ ?ee/k~ man once successively, commencing on the ................. -- C/~O~:~. ...... ~ ........ 19...~....~. Sworn to before me this .....~....~ ......... day of ..... ...... ADEL£ PAYNE Notary P~,~ac, State of New Yor~' ComrnJssion Expires March 30, [ · % TOWN OF SOUTHOLD, NEW YORK-- APPEAL FROM DECISION OF BUILDING INSPECTOR - :TO THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, i~l. Y. APPEAL NO. -~ ~3 ~ DATE .,,/.~....~.....~...(. ~ Name of Appellant Street and Number .... : ........ i':'"S"o"'~'~h'°'"I'~'t .......... ' .............. ; ....... "'"ul ....... - ........ ' N.Yo HERE[iY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUI'LDING INSPECTOR ON to. build pvt Garage APPLICATION FOR PERMIT' NOL.~ .................... DATED ....N..o..v...e-m...b..e.?........2..8..,..-1.9.0...O. ...... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) G old smi.~.h...~r.o. ~.....AZ.(;... D.~ .v.i.d....Mo~.onn.e.11 .............. Name of Applicant for permit of Southold~ N.Y. Street and Number Municipality State PERMIT TO USE .PERMIT FOR OCCUPANCY : permit to build new private garage (access.ory buildings') 1. LOCATION OF THE PROPERTY...~./~q...~.~.Z.i.~/'lf~.W...]L:LQ...(;],.~ ............ ,~.....¢t~.~.~.]2.~..¢.~ ................ Street Use District on Zoning Map ..... .Z..9 .b. ~,.o...s..~..i' ..................................... ..]~.....~... .......... $outhold, 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 III, section 300 subsection 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 ]~ (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 FOR APPEAL' " ' ' ( ) A Variance to Section'280A Subsection 3 .(X) A Variance to the Zoning Ordinance ( ) It is proposed to build a two car garage to house an automobile and private boat of the owner~ Mr. McConnell. The lot is a corner lot and only gSft or so.in width, but of sufficient depth on the private road that no interference with normal traff'ic will be created. is requested for the reason that (Continue on other side) Form ZB1 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP becau~: the lot is one of the narrowest and deepest lots in the area, and is a corner lot~ thus making it impossible to maintain a ~Oft setback from the ~ide str: the lot measur.es aproximately 5~ft in width, and slopes tward the creek or southerly from Bayview road. The location selbdted for:the garage is about in line with the dwelling, and set at the most practical location for access. It is necessary to have this garage to keep the owners automobile and ~o~t under cover, and is impossible °to' maintain the required setback. 2. The hardshipcreatedis UNIQUEand.is.not'shared'by all.properties alike in the immediate vicinityofthispropertyandinthisusedistrictbecause~ This is the narrowest lot in the entire area and is also a corner lot established before zoning, and is impossible to widen it now. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because: The dwelling on the premise~ was build prior to present regulations, and the oroposed garage is located to the southaway from the intersection and will not create any further hazard to traffic. The use is residential and will not harm the charicter of the neighborhood .in any way. Goldsmith Bras A/C David McConnell By STATE OF NEW YORK ) ~/_~f~.~...~...:....~....~..: ...... .~.-..~ ) ss COUNTY OF ~uffolk ) ~.. Signature .... Partner Sworn to thisi..,.....i:i ................. 281 .......... '...06'/ of ....... ~:..~o~emb~..'..L..' ........ 'i.....19'60 JUOITH T. BOKEFI Pi'otery Public, State of Hew York ~[o. 52-0344963, Suffolk County Commission [xpires March 30, 19 FOKM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. .. · . _ (Buildin{i Insp ,ec, tor) · APPLICATION FOR BUILDING PERMIT Date ..................... ~o.~.emher.....28 ...... , i0..60.. ............. : ........................ INSTRUCTIONS ..................... o.. This app'lic'afion must. be completely filled in by typewriter or'in ink. and sLJbmi'tted in' duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining pre.mises or public streets or areas, and giving a detailed description of laygut of property must be drawn on the diagram which is po~' df. this location. · c. The work covered by this application ma{/ not be commenced before issuance of Building P.e[mit...': . d. Upon approval of this application, the Building Inspector will issue a Buildiqg 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 b'r demolition, os herein described. The applicant agrees to comply with all applicable laws, ordinances and regulations. Goldsmith Bros (Signature of applicant, or nome, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, e'ngineer, gen~.r~l '~:ontractor, electrician, plumber or builder. ........................................ g..~.n.~.~. ~..g..~.~.r....~.. ~g .e~.~...o f... ~.~e ~.: .'.'...:...,7 ........ i ............................................... :.. .................. Name of o~ner of premises ...... ..~.~V.~.C]...~Q~.Q~e~], ........ .! .......................... j ................ [ ......................... ' ........................... If applicant is a corporate, signature.of duly authorized officer. (Nome and title of corporate officer) 1. Location of land on which proposed work will be done· Map No: ...:~.,,7~ ........................ ::...L..:. Lot No:.TDf. X......: ..... Street' and Number ~./~.V.i~eW~ad~&~E/.S"~P~z.t~R~ad~t~S~u.th~N~Y .......................... . ;, Municipality .2... State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and ocqupancy ...... E.e.S'ld~C~. ..................................................................................................... b. Intended use and occupancy ............ :!.~ ............... &..]p.vt...deta~,h~.d..~.a~'.ag.e ........... ;....; ............................... 3. Nature of work (check which al~cable): New Building ...~X. .......... AJn .................... Alteration..,,. ................ Repair .................... Removal .................... Demolitioh .................... Other Work (Describe) .................... (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 ........ t~'/O..o~r ............................ :.i.i....' ................................................................................. 6. If, busine~.~s, commercial or. mixed occupancy, specify nature and extent bf. .each type of u~e ................................ 7. Dimensions of existing structures, if any: Front ............................. Rear ............................ Depth ................................ Dimensions of same structure with alterations or additions: FrOnt ....'. ...... '..'.....:.'.'..L....J. Rear Depth ................................ Height ................................ Number of Stories ................................ 8. Dimensions of entire new construction: Front ............. 2lit ..... Rear .......,2.1~.t .......... Depth .......2..2. .................. Height ............................ Number of Stories ............. .o. Df~ ............ 9. Size of lot: Front ......... ~'~. .............. Rear .......... ~'.~. ............. Depth ....1QOf.~..&..a_nother lot 10. Date of Purchase .......................... . ........ :.: ................... Name of Form? Owner ..... A...Z.e. br.c~ski ......................... ] ]. Zone or use district in which premises are s,tuated ..................L...~L±S.t ................................. 1%: Does p~oposedlco'nstruction violate any. zoning law, ordinance or regulation? ...... ~'.e.s .......................................... 13. Name of Owner of premises..~..,...~¢.(~Dn~e'll ........ Address .......................................... Phone NO ..................... Name of Architect .......................................... [ ....... ·..Address .......................................... Phone NO ..................... Name of Contractor ..~..0.Okl.&cd.J;.b,.]kc~s ............. Address ....... ~O~t,~o3.~ ................ Phone NO ..................... P.LOT DIAGRAM Locate clearly and distinctly o[I buildings~ whether existing or; proposedl and indicate all set-back dimensians from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interioLor come/ lot. ~ ' ' · ' : :' · STATE OF NEWsYORK ) S.S. COUN~ OF .....~.Q~ ...... .......................... ~ ............ ~.~...QO~.~....,. ......... .,...be.ng duly sworn depases an~ soys that he is the applicant '(Nam~f' individual sion'lng abplication) ' (Contractor, agent, corporQte, officer, etc.) of said owner or owners, and is duly authorized to perform or have ~rformed the said work and to make and file this application; that all statements contained in this application are kue to the best of his knowledge and belief; and that the, work will be performed in the manner set forth in the application flied therewith. l~4496 Of ~e~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROyAL File No.......A.ppeat..~_3~)+ .............................. Date ........................... .November...28_..19...60 To ~oldsmith .Br.o s..... A/.C...Da~ld..Mc~onnell .......... ~o~tko. i~....:~.,.~., ........... : ................ PLEASE TAKE NOTICE that your application dated ............. November.-...~$.....':~-..--19'60' for permit to construct ~..¢~.r...~z.a.~e ............. at the premises located at ..~diS/....B~..~ie~...~oad · -a~d-"E/~" '~'~"~ ~ ............................. Street . Southold ~ N ~'~:. } Map ...Zeb~sk& ................. Block ......... ~.. ......................... Lot . ~ ~~ d,sapproved on the following grounds ..... IRS~:~...S~¢~...~:.. . / ,~ .'.'~ /, ........................................................................................................................... ~...~...'u~,. ...................... ~.. .......................................... ;:~:,~..~:~.~ ~ ........................ ................................................................................ / ~?~ ~ ....[.k <~-'~'"'~'""~ · .... r'"' ~' .... ~ Building;<lnspe~ [~ ~'SJ' Notice of Hearlng Parsuant to Section 267 of the Town Law and the provisioms of the ~duanded Buildlng ~o~e Ordinance of ~e ~ of Sou~old, Suffolk Coun2y, New York, p~l~= hearings w~11 ~ hel~ by ~e Zon~n~ Boar~ o~ Ap~als o~ ~e ~ of So~l~, at ~e ~ Clerk Office, Ma~n R~, .8~1~. N~ Yo~k, on Dec,er 15, 1960, on ~he ~ollow~g a~als= ?~ 30 P.M. $outhold, New York, Article Z/Z, Sectlon 300,.SabsectlOn 7, for permission to build private garage with reduced setback. L~atton of property~ south side Bay View Road, S~o~hold, New York, ~ounded north by Bay Vtew Road, east by Paul Miller, south by other land of D. McConne11, and west by Private road. (E.S.T.), upon a-pplication of Goldsmi-th Brothers, New York, a/c Da.v.l~ ~CConne11, Bay View Read, South01d, for a variance in acco=dance with the Zoning Ordinance, 7t4~ P.M. (E.S.T.), upon application of Suffolk OUtdoor A~vertising Company, ~nc., Box 624, Greenport, NeW York, for a .~peclal excepti~n tn accordance ~th the.~oning Ordinance, and maintain a commerct&l permission to erect adve~tist~g sig~. on the property of Ernest C. Tuthlli,..~O~th~tde MSddle'Road (Route 27A), Mattituck, New York,.b~un~e~ ~orthby'Mlddle Road (Route 2~A), east by other land of E.,~...Tutht11, south bY Railroad, and west by J. C. Tuth111. Page 2 = Legal Notice 8;45 P.M.. (E.S.T;),'upon application-o~ Mattituck'Docks, Inc., Rudolph KamaeFer, Manager, Naugles D~lve, Mattituck, New york, and Jean Fenmore. Naugles Drive, MattitUck, New York, for a variance in accordance' with the Zon/ng'Ordinance. Art~¢~ V, Section 504, for permis'ii0n to r~uce frontage in "C" InduStrial 'DiStrict. Location of ~re~r~Y= north side Naugles Drive, Mattituck, NeW York~ bounded north by other land of Ma~tituck Docks, ~nc., east by AyCa=~i,~ south by Naugles Drive, and west by'Jean Fenmore.- Any person des!r/ag to be hear~ on the above applications should appear at the t/me and place above specl~ied. DATED December 5,_,1960, By order of the 8outhold Town Board of Appeals. PLEASE PUBLISH ONCE, DECEMB~.K 8, 1960, AND FORWARD FOUR (4) J~FIDAVITS OF pUBLICATION TO ~ BOARD 'OF AP~EJ~So TOILS1' CL~RK OFFICE~ MAIN ROAD, SO~THOLD, NEW' YORK. Copies mailed, to the ~ollowing on December 2 and $; The Long Island Traveler. Matt~tuck Wa~'chman GoldsmithBrOS~, a/c David McConnell SuffoLk Outdoor AdVertising Co., Inc. MattituckDock~, Inc., an~ Jean Fenmore SOMEONE SHO%~-'~' AP~PEA~ AT THE HEARLNG 1960: