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Home My WebLink About2633 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZO~G BOARD OF APPEALS Appeal No. 2633 Dated October 10, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTROLD To Delmer F. Nuhfer 600 Cedar Drive Southold, NY 11971 Appellant at a meeting of the Zoning Board of Appeals on November 15, 1979, the appeal 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 exception under the Zoning Ordinance (XX Request for a variance to the Zonh~g Ordinance to subdivide with insufficient area and ( ) width, Art. III, Section 100-31. 1. S~i~X]~'v~. By resolution of the Board it was determined that a special exception ( ) 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 9: 00 P.M. (E.S.?.) Upon application of Delmer Nuhfer, Cedar Drive, Southold, New York for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permission to divide property with insufficient area and width. Location of property: 600 Cedar Drive, Southold, New York; bounded north by Boggiano, south by Bloore and Thilberg, east by Summer Lane, west by Cedar Avenue. (SEE REVERSE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE) practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ail 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 (SEE REVERSE) (would not) and therefore, it was further determined that the requested variance ( that the previous decisions of the Building Inspector ( ^??RO¥£D_. , FORM ZB4~ ) be granted ( ) be cor~flrmed ( ) be reversed. ZONING BOARD OF APPEALS ) be denied and After inves%!gation and inspection, the Board finds that the applicant is requesting permission to set off Bayside Terrace Subdivision Lot #15 from Subdivision Lot ~6 as was originally subdivided before they purchased the properties. Because both parcels have same ownership, they are considered "merged and one lot." 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 immediate vicinity of the 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 made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that DELMER NUHFER, 600 Cedar Drive, Southold, New York 11971, BE GRANTED a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to divide property with insufficient area and width. Location of property: 600 Cedar Drive, Southold, New York; bounded north by Boggiano, south by Bloore & Thilberg, east by Summer Lane, west by Cedar Avenue. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Doyen and Tuthill. RECEIVED AND ~LED BY THE SOU/I~OLD TOWN CL~K ~//,~3/77 HOL~/c.'~.~ DATE Town ~erk, To~ of ~uthold Pursuant to ion Law,~ Section.~. ~. 267 and P3~isions~ of ·the.~ Amended · .!' Building zone~0rdinance of Southold Town, New York~ public ' hearings will be held by'the Zoning Board of Appeals, Town Hall, Main Road, Southold, New York, on Thursday, November 15, 1979 on the following: . . 8:05 P.M. (E.S.T.) Upon application of Mattituck Holding CO., Mill Road, Mattituck, New York for ~ Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(b)(15) for permission to construct a boat storage shed. Location of property: West Mill Road, Mattituck, New York; bounded north by Holmes & K~llian, south by Foudy, Ziegler & McGunnigle, west by Leo Grande and Inlet Lodge Inc., east by Mattituck Creek. 8:10 P.M. (E.S.T.) Upon application of Kiwanis Club of Southold, Box 150, Peconic, New York, for a Special. Exception to the Zoning Ordinance, J~ticle III, Section 100-30(b)(4) for perm~ssion to place building for charity use in a ~esidential district. Location of property: Route 25 and Lower Road, , Southold, New York; bounded north by Lower Road, south and west ~ by Route 25,'east by Goldsmith. ---]~--~-~z..~';"~'--~.~: .... ~'::'"~:" "-'~-' ~'' .... ~_~2.~,. r:~~':-~;~' . ~~- [ 8:35 P.M. (E.S.T.) Upon application of Eileen M. Lembeck 447 Greene Avenue, Sayville, New York for a Variance %0 %h~ Zon- ing Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient front and rearyard se%- i: backs. Location of property: Deerfoot Path, Cutchogue, New :: York; bounded north by FitzPatrick, east by Deerfoot Path, south by Jester, west by Leskody. 8:45 P.M- (E.S.T.) Upon application of Janet Halverson, ~ c/o A. Tyrrell, Box 14, Orient, New York for a Variance to the ii Zoning ordinance, Article III, Section 100-31 for permission to i{ construct dwelling with insufficient sideyards. Location of '. property: Founders Path, Sou%hold, filed map ~834, lot ~67; , bounded north by Diana, south by Tempel, east by Shanks, west ~ by Founders Path. -{{ 9:00 P.M. (E.S.T.) Upon a~lication of Delmer Nuhfer~ I! Cedar Drive, Sou%hold, New York for a Variance to the Zoning ii Ordinance, Article III, Section 100-31 for permission to divide I} propert~ with in's6f'ficient' hr&a and width. Location of propert 600 Cedar Drive, Southold, New Yorkl bounded north by Boggiano~ south by Bloore & Thilberg, east by Sununer Lane, west LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Town Law, Sec- tion 267 and Provisions of the Amended Building Zone Or- dinance of Soathold Town, New York, public hearings will be held by the Zoning Board of Appeals, Town Hall, Main Road, Snathold, New York, on Thursday, November 15, 1979 on the following: 8:05 P.M. (E.S.T.) Upon application of Mattituck Hold- ing Co., Mill Road, Mattitnck, New York for a Special Ex- ception to the Zouing Ordin- ance, Article VIII, Section 100-80(b) (15) for permission to construct a boat storage shed. Location of property: West Mill Road, Mattituck, New York; bounded north by Holmes & Killian, south by Fnady, Ziegler & McGunnigle, west by Leo Grande and Inlet Lodge Inc., east by Mattituck Creek. 8:10 P.M. (E.S.T.) Upon application of Kiwanis Club of Soutbeld, Box 150, Peconic, New York, for a Special Ex- ception to the Zomng Ordin- ance, Article IH, Section 100- 30(b)(4) for permission to place building for charity use in a residential district. Loca- tion of property: Route 25 and Lower Road, Southold, New York; bounded northbyLower Road, south and west by Route 25, east by Goldsmith. 8:35 P.M. (E.S.T.) Upon application of Eileen M. Leto- beck, 447 Greene Avenue, Say- ville, New York for a Variance to the Zoning Ordinance, Art- icel III, Section 100-31 for t~ermission to construct dwel- ling with insufficient front and rearyard setbacks. Location of property: Deerfoot Path, Cutchogue, New York: bound- ed north by Fitzpatrick, east by Deerfoot Path, south by Jester, west by Leskody. 8:45 P.M. (E.S.T.) Upon application of Janet Halver- son, c/o A. Tyrrell, Box 14, Orient, New York for a Var- lance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwel- ling with insufficient side- yards. Location of property: Founders Path, Southold, filed map #834, lot #67; bounded north by Diana, south by Tempel, east by Shanks, west by Founders Path. Cedar ~'~i~ ' -~ ~-T~ o~ York for a Variance to th, Section 100-31 for pormissiol to divide property with insuf- ficient area and width. Leca- tion of property: 600 Cedar Drive, Southold, blew York; bounded north by Boggtano, south by Blonre & Thilberg, 'east by Summer Lane, west by ~edar Avenue. 9:10 P.M. (E.S.;L) Upon application of Fishers Island Development Co., Fishers Is- land, New York for a Special Exception to the Zoning Ordin- ance, Article III, Section 100- 30 for permission to construct multiple dwelling with three units to house personnel. Lo- cation of property: Fishers Island, near Fishers Island Country Club, New York: more particularly known as part of Suffolk County Tax Map #1000-001.01-02 and part of County Tax Map #1000-001-01- 3.1. 9:25 P.M. (E.S.T.) Upon application of Gwynne Con- struction Corp., I~A Montauk Highway West, Hampton Bays, New York for a Vari- ance to the Zoning Ordinance, Article VII, Section 100-70 for permission to change use to include residential use in B-1 Zone;_L. eca?n oJ __pLo,po r t i an~e, Article III, Section 100- 31 for pc--~ssion to construct addition ~ insufficient side- yard. Location of property: 1165 East Gillette Drive, East Marion, New York; hounded north by Manor Grove Corp., south by Schmidt, east by Cedar Lane, west by East Gillette Drive. 9:55 P.M. (E.S.T.) Upon application of Lim-Con Enter- prises, 1455 Veterans Memor- ial Highway, Hauppauge, New ~TY OF SUFFOLR, I 'E OF NEW YORK, ? ss: J JOAE GUS T.4.VS 9I'I York for a Special Exception to the Zoning Ordinance, Art- . ................................ being duly Sworn, icle VI, Section 10o-6o for permission to construct sign that . .S!~.. , is Printer and Publisher of the SUFFOLK exceeding height limitations. Location of property: Main KLY TIMES, a newspaper published at Greenport, in said Road & Factory Avenue, Mat- tituck, New York; bounded fy: and that the notice, of which the annexed is ~ printed north and east by Bethany Cemetery Association, south, has been published in the said Suffolk Weekty Times by Main Road, west by Fac- toryAvenueandArdprop, Inc. in each weekt ~or . . .~.~ ..................... weeks BY ORDER OF THE SOUTHOLD essiv~Iv commencing on the e i ~h th TOWN BOARD ' ' ......................... 1TN~.3322 OFAPPEALS of . ~.v.amb.e.r ......... 19..~.9 · ....... .......... Sworn to l~f~p~me this LEGAL NOTICE Notice of Hearings Pursuant to Town Law, Section 267 and Provisions of the Amended Zoning Ordin- ance of Southold Town, New York, public hearings will be held by the Zoning Board of Appeals, Town Hall, Main Road, Southold, New York, on Thursday, November 15~ 1979 on the following: 8:35 P.M. (E.S.T.) Upon application of Eileen M. LOrn- beck, 447 Greene Avenue, Sayville, New York for a Variance to the Zoning Ordin- ance, Article IIl, Section 100- 31 for permission to construct dwelling with insufficient front and rearyard setbacks. Loca- tion of property: Deerfoot Path, Cutchogue, New York; bounded north by Fitzpatrick, east by Deerfoot Path, sooth by Jester, west by Loskody. 8:45 P.M. (E.S.T.) Upon application of Janet Halver- son, c/o A. Tyrrell, Box 14, Orient, New York for a Vari- ance to the Zoning Ordin- ance, Article III, Section 100- 31 for permission to construct dwelling with insufficient side- yards. Location of property: Pounders Path, Southold, filed map #834, lot #67; bounded north by Diana, south by Tempel, east by Shanks, west by Founders Path. 9:00 P.M. (E.S.T.) Upon Cedar Driver Southold, New Zoning Ordinance, Article III, Section 100-31 for permission to divide property with in- sufficient area and width. Location of property: 600 ;Cedar Drive, Southold, New ~York; bounded north by Bog- giano, south by Bloore & Thilberg, east by Summer Lane, west by Cedar Avenue. 9:10 P.M. (E.S.T.) Upon application of Fishers Island Development Co., Fishers Is- land, New York for a Special Exception to the Zoning Ordin- ance, Article Ili, Section 100- 30 for permission to construct multiple dwelling with three units to house personnel. Location of property: Fishers Island, near Fishers Island Country Club, New York; more particularly known as part of Suffolk County Tax Map #1000 -001-01-02 and part of County Tax Map #1000-001-01-3.1. 9:25 P.M. (E.S.T.) Upon application of Gwynne Con- struction Corfu., 163A Mort- COUNTY OF SUFFOLK STAI'~ OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a punic newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, nos been published in said Long Es)and Traveler-Watch- man once each week for ................ ¢. ......................weeks successively, commencing on the ........................................ ........... ........ Sworn to before me this ...... ~.. .............. day o~ ..... Notary ~'ublie FOR~ NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL To ..... ..C...O...N....~.....-~....~....~...,.T...E.. ............. ..~......~..~...? ~/~ PLEASE TAKE NOTICE that your application doted ~-~'T / 0 19..7...~.. for permit to ~ ...................................%....or the premises Iocoted ~t .................................... ~p ................... ~esP ............................................ Lot ................................................ returned herewith ~nd disoppr~ed on the follow;ng 9rounds ........ ~.~..~,~.~.~.~.~.~ ............... ..~.~..~ ...................................... h ............................................... ~ ........................... Building Inspector TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZQ,NING BOARD,~OF APPEl_S, TOWN OF SOUTJ~I~OLD, N.Y. /'l .... Na;;"~;;-~ ................................. ~;;;~ ;'nd Nu;b.; .......................... ...... .................................................. Municipality Sta~e THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTO(~DENLTO ~ /,~ /~qame of/3Applicant for pelfs, it /,~ /~ //~ o~ .... .~..~..~......../~..~ ..................... .d...~.....~.~~ ................. ~ ,,,/~... ........... Street and Number Municipality State (~,F'~ERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..................................................................................................... Street Use District on Zoning Map Mop No. r~ ~ ~ (~ Lot No. // 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paraqraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (v~ 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) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ),~equest for a special permit ( t~ request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is reason requested for the that Form ZBI (Continue on other side) REASON FOR APPEAL :::~, , ~i~u~d .... I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIp becat~e vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance CHARACTER OF TIlE DISTRICT because and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ..................... I.I .................... '.. day of ...................... ,~,...C~..,...'~... .................. 197q .............. Nota~ ~ I,~DYARY PUBLIC, ~ No. Qualified in Suf~Jll ~.~ Commission Expiresl Mat~-~ 5DUTHDLD, L. I., N.Y. T£LEPHONEI5161765-1809 APPEALS BOARD MEMBERS CHARLES CRIGONIS~ JR. SERGE DOYEN. JR. TERRY TUTHILL ROBERT J. DOUGLASS TO: INTER-DEPART~IENT F~7240 $OUTHOLD TOWN PLANNING BOA.RD ~ROM: SOUTHOLD TOWN HOARD OF APPEALS, ATTN: }LRS. KONALSKI DATE: NOVEMBER 26, 1979 .be appreciated no later than you for your consideration. The following matter(s) is(are) hereby referred to you for your comments and recommendations. A response would 6th. .~.~~ December . Thank (1) . A~eal No. 2633. DE~4ER F. NUHFER. 'Subdivlde'w%th ansu~icient width and area. Property: 600 Cedar Drive,/ Southold. Bayside Terrace Lots 6 & 15. Approved 11/15/79. (2) Appeal No. 2587. STEPHEN J. PERRICONE and PENELOPE KOUSOUROS. To establish disco bar with dancing~ Property: Sound Ave, Mattituck near intersection with Cox Neck Road. Appllca~ts are required.to'obtain Planning Hoard approval of Parking Plan, Article IX~ Section 100-~12. (3) Appeal No. 2638. HERBERT MUNCY & wf. Subdivide with insufficient area and width. Property: Gardiner's Hay Estates ~II, Map %275, Lots 64-66 inclusive. See attached. Sincerely yours, ~walski Secretary O JUDITH T. TERRY · TOWN CLERK R~GISTI~AR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 7654801 To: From: October 11, Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk 1979 Transmitted herewith is Zoning Appeal No. 2633 application of Delmar Nuhfer for a variance. Also included are notification to adjoining property owners as follows: Bojgiano, 40 85th St., Brooklyn, N.Y. 11209; K. Thilberg, Cedar Drive, Southold, N.Y. 11971; S. Bloore, Southold, N.Y. 11971. JTT/bn cc:file Enc./ Town Clerk BOARD ( to the Board of Appeals of the Town of Southold TO: ~ tition of NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special P,~rmit) (the following relief: 2. That the proper~ty which is th~ subject of the Petition is located adiacent to your property and is des- cribed as follows: ~. ~ '7~ ~ ,// 3. That the property which,~j~s the subject of such Petition is located in the following zoning district: ' 4. That by such Petit~ollowing relief,; 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~//'~_/~..' *'~. ~~. ~~~ Petitioner ~ Post n_(~,~d~ ?~.~f. Offi e Ad ess NAME PROOF OF MAILING OF NOTICF ADI RECEIPT FOR CERTIFIED ~, NO INSURANCE COVERAGE pROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) POSTAGE u: RESTRICTED DELIVERY ~ ~ S.0WTOWHOM Di~ STATE OF NEW YORK ) TYOF SUFFOLK ) ss.: , residing at '~, , being duly sworn, deposes and says that on the // day , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~. ~-~A ~ J ,~: vT/ // ; that said Notices were mailed to each ~jlaid persons by (certified) (registered) mail. " ~ ~ Sworn toJ~fore me this / / ~ day of L~-~cc.~-~ ,19 T ~' ~' Notary-P-ublic ~ EUZRBET# ANN NEVILIa NOTARY PUBLIC, State d New Ye~k Ne. 52.81258~0. Suffolk Cou~,. Term £x!ak~ M~fch 30, ~ Southold Town Board of Appeals SOUTHOLD, L. h, N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ~ X CHARLES GRIGONI$, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERTJ. DOUGLAES, Acting Chairman October 3, 1979 Mr. and Mrs. Delmer F. 600 Cedar Drive Southold, NY 11971 Nuhfer Re: Application for Variance Dear Mr. and Mrs. Nuhfer: We are returning herewith your three applications for a variance and Notice to Adjoining Property Owners in order that you may obtain the following documents, which should be filed simultaneously: (a) six surveys showing the existing and proposed buildings; (b) please indicate in your application what sideyard setback you are requesting; (c) $15.00 filing fee. The filing deadline for the November 15, 1979 hearing is Thursday, October 11, 1979 at 4:00 P.M. If you have any questions, please do not hesitate to call. Very truly yours, Linda F. Kowalski Secretary Enclosures SEE S~C. NO. 077 IlS ' 19 400* 2O 14 15 · 9 I ~6 PROPERTIES DISTRICTS: (~) COUNTY OF'SUFFOLK Real Property Tax Service Agenc~ Count)' Center Riverhead, L. I., New York TO~?. O. SOUTH'_ VILLAGE OF ms'r.~cT .o. I 0 C 0 - z40.o 50' d ~LJ~'./t?k'~'£.: /'=0~°. Tow~ ~ ~O(U'rHOL.O , t'.I.'~.C , i_ ,4 ~2