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Home My WebLink About1931 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZO~G BOARD OF APPEALS AppealNo. 1931 Dated June 20, 1974 DATE August...1, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Philip Babcock a/c Catherine Drake 424 B Heritage Village Southbury, Connecticut Appellant at a meeting of the Zonhug Board of Appeals on August 1, was considered and the action indicated below was taken on your ( ) Request for variance due ~o lack of access to propert~ ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1974 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to A~ticle .................... Section .................... Subsection .................... paragraph .................... of the Zoning O~dinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:55 P.M. (E.D.S.T.) upon application of Catherine W. Drake, 424-B Heritage Village, Southbury, Connecticut for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 A, for permission to erect accessory structure (TV antenna) over 18 feet high. Location of property: Lot No. 16, Map of Fairway Farms, 3050 Fairway Drive, Cutchogue, New York. 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 hardship because SEE REVERSE practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district beeanse 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. FORM ZB4 SEE REVEN~, E APPROVED Chair~an~80ard 0[ Appea~ ZONING BOARD OF ABP~ALS ~ Marjorle McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to erect accessory structure (TV antenna) over 18 feet high on Lot No. 16, Map of Fairway Farms, 3050 Fairway Drive, Cutchogue, New York. The Board agrees with the reasoning of the applicant, subject to restrictions. 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 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, Catherine W. Drake, 424 B Heritage Village, Southbury, Connecticut be GRANTED permission to erect accessory structure (TV antenna) over 18 feet high on Lot No. 16, Map of Fairway Farms, 3050 Fairway Drive, Cutchogue, New York, as applied for, subject to the following conditions: That the antenna mast shall be no higher than 50 feet from ground level, and shall be located no closer than 10 feet to any sideyard or property line. That the antenna mast shall be located in the southeast portion of the property. It shall not be located in the southwest portion as applied for. Vote of the Board: Bergen. Ayes:- Messrs: Gillispie, Grigonis, LEGAL NOTIC~ Notice of gearings 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 ¥ork~ public hearings will be held by the Zoning ~ard of Appeai~ of the To~~n of So~old, a% t~ Town Office~ ~ain Road~ $outhol~ New York~ on A~gust l, 1974 on the following appeals: 7~40 P.~o (E.D~S.T.) upon~iaPplication of Richter ~ome im~rovement Co. a/c Diana Tendler~ 9th Stre~t~ Greenport~ New York~ ~ap No. 986-6~ Lot NO. 3~ for a variance in with the Zoning Ordinance~ Article Iii~ Section 100-30 C for permission to locate accessory b'~ilding in legal front yar~. Location of property= Lot ~o. 3~ Map k~o. 986-6~ end of 9th Street, Greenport~ New York~ bo%%r~ed on the north by Pipes Cove Corp.; east by B. Free~n; south by Peconic Bay (Pipes Covs)~ ~est by J. Caroff~ 7~55 P.~o (E.D~S.~) upon application of Catherine Drake, 424 ~ 5eritage Village~ Sout~bury, Co~%ecticut for a variance in accordance wi'ah the Zoning Ordinance~ Article III~ Section 100-30 (C) and 100-32 (A) for perr~.~ission to erect accessory structure (5~V ant~) 07~r 18 feet high. Location of property: Lot ~o~ 16~ ~p of Fafr~ay Farm, s~ 3050 Drive~ Cutchogue~ New York. S~i0 P~ (E.D.S.T.) upon% application of Alfred J. Terp a/c Al~s Liquors~ Griffin Street, Cu%chogue~ New York for special exception in accordance with the Zoning Or~inance~ Article Vi, Section 100-60 C (3) {a} for pe~?~ission to bring present sign up to the Town line. Location of property: N/S 2~ain Road~ Cutchogue~ ~ew York, bounded north by C~ Schnei~er~ ease by A. J. Terp; s~uth ~y ~ain Road; west by Griffin Street~ % Legal Notice Page 2 8:25 P~. ~ ~ ~ ~. %E~S.~) upon application of Harvey Bagshaw~ Deep Hole Drive~ ~attituck~ New York for a special e~ception in accordance with the Zoning Ordinance~ Article VII i00-70~ Subsection B (4) ~ Bulk Schedule for permi~ build and operate an automobile body repair ~hop wit~ side yard~ Location of property~ N/S Main Roa~ La~ school district 911~ ~attituck Post Office~ bounded north by James O~Connetl~ east by A. Goodale & ~ain Road (~oute 25)~ west by J~ O~Cop~et!~ Any person desirin~ to be heard on the above ap~ should appear et the t~ae and place above speci~ !974 Section sion to reduced tel n the nth by eats ied~ TH~ SOUTHOL~ TO~ BY O~ER OF BOARD OF A~PEALS PLEASE PUBLISH ONCE~ July 25~ 1974~ and FORWARD FOUR nF_ IDAV!TS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD M-~I~~ ROAD ~ SOUTHOLD ~ NEW YORK o Copies mailed to the following on July 18~ 1974: The Suffolk ~eekly Times Long Island Traveler-Mattituck ~atcl~man Supervisor Albert M~ Martocchia Richter Horae improvement Coo a/c Diana Tendler Philip babcock a/c Catherine Drake Alfred J~ Terp a/c At~s Liquors Harvey Bagshaw OF APPEALS~ 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 August 1, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Richter Home Improvement Co. a-c Diana Tend~er, 9th Street, Greenport, New York, Map No. 9~6-6, Lot No. 3 for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C for permission to locate accessory bvJlding in legal front yard. Location of property: Lot No. 3, Map No. ~6-6, end of 9th Street, Greenport, New York, bounded on the north by Pipes Cove Corp.; east by B. Freeman; south by Peconic Bay (Pipes Cove); west by J. Caroff. .'""~'~"~Upon ~ 7:55 P.M. (E.D.S.T ~ application of Catherine W. !Drake, 424 B Heritage Village, Southbucy, Connecticut for a variance in accordance with the Zoning Ordinance, Article IH, Section 100-30 (C) and 100~32 (A) for permission to erect accessory structure (TV antenna) over 18 feet high. Location of property: Lot No. 16, Map of Fairway Farms, 3050 Fairway Drive, Cutehugue, New York. ~ 8:10 P.M. (E.D.S.T.) upon applieatian of Alfred J. Terp a-c Al's Liquors, Griffin Street, Cutchugue, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Scetion 10060 C (3) (a) for permiesion to bring present sign up to the Town line. Location of property: N-S Main Road, Cutcbegue, New York, bonnded north by C. Schneider; east by A.J. Terp; south by Main Road; west by Griffin Street. 8:25 P.M. (E.D.S.T.) upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a special exception in accordance with the Zoning Ordinance, Article VH, Section 100-70, Subsection B (4) and Bulk Schedule for permission to build and operate an auinmobfle body repoh' shop with reduced side yard. Location of property: N-S Main Road, Laurel school distxict No. 11, Mattituck Post Office, bounded on the north by James O'connell; east by A. Goodale and Wf; south by Main Road (Route 25); west by J. O'Connell. 0:40 P.M. (E.D.S.T.) upon application of MST Construction Corp. a-c W. Barry Evarett, 6 Shipman La~e, Stony BreokJ N.Y. for a variance in ac- cordance with the Zoning Or- dinanee; Article I, Section 100-12 and Article HI, Section 100-30 for permission to use lot with ad- justed property line. Location of property: Map of Nassau Point, LOt Nos. 421 and 4~, Nassau Point, Cutchogue, New York. Any person desiring in be heard on the aboVe appeals should appear at the time and place above specified. Dated: July 18, 1974 BY ORDER OF THE BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: J Stuart C. Dorman ...................................... being duly Sworn, s~/s that ... he..., is Printer and Publisher o! ~he SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county: and that the notice, of which the tmnex/~d is/I p~inted copy, has been published in the ~aid Suffolk Weekly Times once in eoch week, tot .......... .o .n. e. . .( .1. ). ........ weeks successively commencing on the ........... .2.5.t.h. ......... day of Ju~~. 197.4.. Swam to before me this ....2~.~.~... °f ..... ff - ...... .. / / ' NOTAblY PUSLIG O~ NEW YORK (y ResL,ng in S~ffo,k County My Cornmissio~ ~xpires Mardl 30, ]9 NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of thc Amended Building Zone Or- dinance 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 August 1, 1974 on the following appeals: 7:40 P.M.(E.D.S.T.) upon ap- plication of Richter Home provcment Co. a/c Diana Ten- diet, 9th Street, Greenport, New York, Map No.986-6, Lot No. 3, for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-30 C for permission to locate accessory building.in legal i¥ont yard. Location of Property: Lot No. 3, Map No. 986-6, end of 9th Street, Grcenport, New York, bounded on the north by Pipes Cove Corp.; east by B. Freeman; south by Peconic Bay (Pipes Cove); west by J. Caroff. 7:55 P.M. (E.D.S.T.) upon ap- plication of Catherine W. Drake, 424 B Heritage Village, South- bury, Connecticut for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 (C) and 100-32 (A) for perm ssion to erect accessory structure (TV antenna) over 18 feet high. Location of property: Lot No. 16, Map of Fairway Farms, 3050 Fairway Drive, Cut- chogue, New York. 8:10 P.M. (E.D.S.T.) upon ap- plication of Alfred J. Terp a/c A['s Liquors, Griffin Street, Cut- chogue, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (a) for per- mission to bring present sign up td the Town line. Location of property: N/S Main Road, Cut- chogne, New York, bounded north by C. Schneider; east by A. 3. 3'erp; south by Main Road; west by Griffin Street. 8:2S P.M. (E.D.S.T.) upon ap- plication of Harvey Bagshawl, Deep Hole Drive, Mattituck, New York for a special exception in accordance with the Zoning Or- dinance. Article VII, Section 100-70, Subsection B (4) and Bulk Schedule for permission to build and operate an automobile body repair shop with reduced side yard. Location of property: N/S Main Road, Laurel school district #11, Mattituck Post Of- fice, bounded on the north by James O'Conncll; east by A. Goodalc & wf; south by Main Road (Route 25); west by O'Conncll. 8:40 P.M. (E.D.S.T.) upon ap- plication of MST Construction Corp. a/c W. Barry Everett. 6 Shipman Lane. Stony Brook. N.Y. lk>r a variance in accordance ~vith tile Zoning Ordinance. Article Section 100-12 & Arliclc 111. Scc- tiou 100-30 for permission to usc Iht wilh adjusted property linc. Location of property: Map of Nassau Point, Lol Nos. 421 and 422. Nassau Point. Cutchoguc. New York. Any person desiring to be heard on thc above appeals should appear at Iht time and place above specified. Dated: July 18.1074 BY ORDER OFTHE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORKI 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 Zraveler-Mattituck Watch- successively, commencing on the ............ -~..:~. ................... dc~y of ....,~..;...~'~.~/~.....~..1....., ,~9 .~.~... Sworn to before me this ...... ~,.~..(:'. ......... day of TOWN OF SOUTHOLD BUILDING D~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ~.~ /~ o~o TOWN OF SOU'T'~OLD, NEW YORK , APPEL FROM DECISION OF BUILDING INSPECTOR ~P~L NO. : ~ / TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street a~d Number ................ =. .......... HEREBY APPEAL TO Municipal.ity ~ State THE ZON,NG BOARD OF APPEALS FROM THE DEC,S,O~ OF THE BU~LD~N¢ INSPECTOR ON /J APPLICATION FOR PERMIT NO ....................................... DATED ................. ~/_.9.~.../,.~..,..9~... ............ ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY . .~.~...~.]~. .................................. Street Use District on Zoning .Map ............. ............ jV~ap 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 Appec is mode herewith for ('~ A VARIANCE roche Zoning Ordinance or Zoning Map ( ) ^ VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~)~hos 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 Appea'l No ................................. Dated .................................................................... REASON FOR APPEAL ~ ) AVariance to Section 280A Subsection 3 (~ A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- .sary HARDSHIF~ because 2. The hardship created is UNIQUE and is not shared by oH properties alike in the immediate vicinity of this property and Jn this use district because 3. The Variance would observe the spirit of the Ordinonce and WOULD NOT CHANGE THE CHARACTER OF THE. DISTRICT because STATE OF NEW YORK ) COUNTY OF --~ ~% IK-- ) ~ ) Signature LL.~.... day of Sworn to this ........................................................ ~ ................ ............................. R;;'~;[ii~ ........................... August 23, 1974 Mr. Philip L. Babcock Praity Lane Cutchogue, N. Y. 11935 Dear Mr. Babcock: In accordance with your telephone request of August 22nd, I informed the Appeals Board of your objections to the action taken by the Board on Appeal No. 1931, Catherine Drake, on August 1, 1974. The Board stands by its original decision which stipulated that the antenna mast shall be located in the southeast portion of the property, no closer than 10 feet to any sideyard or property line. The Board feels that this is a preferable location for reasons of safety. Yours truly, :mm Marjorie McDermott, Secretary This notice must, be displayed during construction and returned to Building Dept. to get a certificate of occupancy upon completion of work. BUII~DING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD TEE LANE Lot 15 h or~ NOrt~ ~ = MONUMENT SUBDI~I~IONMAP PI~D IN THE OFF/CE OF ~H~ C~K OFSUFFO~K COUNT Y ON FEB, I~ 19Zg PILE ~ ~0~ REVISIONS MAY 8. 1974 YOUNG & YOUNG 400 OSTRANDEE AVENUE. RJVERHEAD NEW YOrK SURVEY FOR: GEORGE B. DRAKE,JR LOT NO. 16, "FAIRWAY FARMS" AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLI~ CO., N.Y. SCALE: I" --- 50' DATE: MAR. 14, 1974 -121