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Home My WebLink About1935: , TOWN OF $OUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1935 Dated July 18, 1974 ACTION OF THE ZONING BOARD OF APPEA3.S OF THE TOWN OF SOUTHOIJ3 To MST Construction Corp. a/c W. Barry Everett 6 Shipman Lane Stony Brook, N. Y. at a meeting of the Zon~ Board of Appeals on August 1, 1974 was considered and the action indicated below Was take~ on your ( ) Request for variance due to lack of aecess to pro~ecty ( ) Request for a special exception under the Zoning Ordinance Q~ ) Request for a variance to the Zoning Ordinance ( ) DATE A~.g.~.~._l, 1974 Appellant the appeal 1. SPECIAL EXCEPTION. 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 anc~ the decision of the Building Inspector ( ) be reversed ( ) be coIffirmed because 8:40 P.M. (E.D.S.T.) upon application of MST Construction Corp. a/c W. Barry Everett, 6 Shipman Lane, Stony Brook, N. Y. for a variance in accordance with the Zoning Ordinance, Article I, Section 100-12 & Article III, Section 100-30 for permission to use lot with adjusted property line. Location of property: Map of Nassau Point, Lot Nos. 421 and 422, Nassau Point, 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 practical difficulties SEE REVERSE (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 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. FORM ZB4 SEE REVERSE ZONING BOARD OF A~.PEALS -- Marj{grie McDermott, Seoretary After investigation and inspection the Board finds that applicant requests permission to use lot with adjusted property line, Map of Nassau Point, Lot Nos. 421 and 422, Nassau Point, Cutchogue, New York. The Board finds that on the original survey the rear property lines were not clearly marked causing the building to be located so that part of the structure and the driveway are encroaching on the adjoining lot No. 421. MST Construction Corporation is in the process of purchasing Lot No. 421 from the present owner. The Board finds that the front line would remain the same and the size of the area would be the same. 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 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, MST Construction Corporation a/c W. Barry Everett, 6 Shipman Lane, Stony Brook, N. Y., be GRANTED permission to use lot with adjusted property line, Map of Nassau Point, Lot Nos. 421 and 422, Nassau Point, Cutchogue, New York, as applied for, subject to the following c-ndition: That Lot No. 421, which has been reduced in size at the center, shall be required to adhere to side line re- strictions of 25 feet which were in effect at the time Lot No. 421 became part of the Ordinance. Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: Gillispie, Bergen, Page 8~25 P..%!. (E,S.D.To) UpOn application Of Earvey ~ag~haW, b~il~ ~d opiate an au~m~bil~ ~y repa~ shop ~th re~u~ ~ad (~ute 2~)~ ~st by J. O~C~nell~ Any ~rson de~irin~ to Ds heard on ~h~ above a~eals Dated~ J~y 18~ 1974 BOARD OF APPF~J~$ Copies mail~ to '~he foll~ing on July 15~ 1974: Suffolk ~eekly Times L~mg Island Tra~e!er~Matt~uck Watt.an Legal Notice Page 3 8:40 P.M. (E.D.S.T.) upon application of MST Construction Corp. a/c W. Barry Everett, 6 Shipman Lane, Stony Brook, N. Y. for a variance in accordance with the Zoning Ordinance, Article Section .100-1~ & Article III~ Section 100-30 for permission to use lot with adjusted property line. Location of property: Map of Nassau Point, Lot Nos. 421 and 422, Nassau Point, Cutchogue, New York. NOTICE OF HEAR/NGS 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 Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road. Southold, New York, on August l, 1974 on the following appeals: 7:40 P.M.(E.D.S.T.) upon ap- plication of Richter Home lm- provemcnt Co. a/c Diana Ten- dior, 9th Street, Greenport, New York, Map No.986-6, Lot No. 3, tbr a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C for permission to locate accessory building.in legal front yard. Location of Property: Lot No. 3, Map No. 986-6, 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. 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 III, Section 100-30 (C) and 100-32 (A) for permission to erect accessory structure (TV antenna) over 18 fi2ct high. Location of property: Lot No. 16, Map of Fairway Farms, 3050 Fairway Drive, Cut- choguc, New York. 8:10 P.M. (E.D.S.T.) upon ap- plication of Alfred J. Terp a/c Al's Liquors, Griffin Street, Cut- choguc, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (a) for per- ndssion to bring present sign up to the Town line. Location of property: N/S Main Road, Cut- choguc, New York, bounded north by C. Schneider; east by A. J. Tcrp; south by Main Road; west by Griffin Street. 8:25 P.M. (E.D.S.T.) upon ap- plication of Harvey Bagshawl, Deep Hole Drive, Mattituck, New York for a special exception in accm'dance with the Zoning Or- dinance. Article VII. Section 100-70, Subsection B (4) and Bulk Schedule tbr permission to bnild and operate an automobile body repair shop wilh reduced side yard. Location of property: N/S Main Road, Laurel school districl #11, Mattituck Post Of- ficc, bounded on thc north by James O'Conncll; cast by A. Goodalc & wf; south by Main Boad (Route 28): west by J. O'ConneJ[. ~ 8:40 P.M. (E.D.S.T.) upon ~ plication of MST Construction Corp. a/c W. Barry Everett, 6 Shipman Lane, Stouy Brook, N.Y. lbr a variance in accordm?e with thc Zoning Ordinance, Article 1, Section 100-12 & Article 111. Sec- lion 100-30 fin' permission to usc lot with adjustc~t property linc. Location of property: Map of Nassau Point, Lot Nos. 421 and 422, Nassau Poinl. Cutchognc. New York. ~ Any person desiring to bc heard on thc above appeals should appear at thc time and place above specified. Dalcd: July 18,1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK SSl 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 Troveler-Mottituck Watch- man once each week for ...... ~J~,' ..... '~'/X" weelgr successively, commencing o the ............. C~...~. .................. day of ...... ..~...~-~/.¢p...., J,~9.~..~... ........................... .......... Sworn to before me this ........ ~.~2 ......... day of C~mm~sion [Xpires ?~arch 30, 191 ~/ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Seuthold, 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, Soutbold, 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 Tendler, 9th Street, Greenport, New York, Map No. 986-6, Lot No. 3 for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C for permission to locate accessory building in legal front yard. Location of property: Lot No. 3, Map No. ~o-6, end of 9th Street, Greenport, New York, bounded on the north by Pipes Cove Corp.; east by B. Freeman; south by Peeonic Bay (Pipes Cove); west by J. Caroff. 7:55 P.M. (E.D.S.T.) upon application of Catherine W. Drake, 424 B Heritage Village, Southbary, 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. 8:10 P.M. (E.D.S.T.) upon al~plication of Alfred J. Terp a-c Al's Liquors, Griffin Street, CUtchogue, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (a) for permission to bring present sign up to the Town line. Location of property: N-S Main Road, Cutchogue, New York, bounded 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 Bugshaw, Deep Hole Drive, Maltituck, New York for a special exception in accordance with the Zoning Ordinance, 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, Laarel school district No. 11, Maltituck Po~t 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. Ia8:40 P.M. (E.D.S.T.) upon pplication of MST Construction Corp. a-c W. Barry Everett, I Sl-Apman Lane, Stony Brook N.Y. for a variance in ac cordance with the Zoning Or dinance; Article I, Section 100-11 and Article III, Section 100-30 fo~ permission to use lot with ad justed property line. Location n )roperty: Map of Nassau Point ~ot Nos. 421 and 422, Nassa~ ~oint, Cutchogan, New York. Any person desiring to be hearl m the above appeals shouk appear at the time and place above specified. Dated: July 18, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAI~ COUNTY OF SUFFOLK, STATE OF IVEW YORK. } ss: Stuart C. Dorm~u being duly Sworn, s~/s that ...h.e... is Printer ~md Publisher of l~e SUFFOLK W~:~-KLY TIMES, a newspaper published ~t Greenport, in s~id county: and ~hat the notice, of which tl~e annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, f~r ......... .o.n..~..~l.) ......... weeks successively commeucing on tile ........... 2.5.t.h. .......... day of .. ~l~ 19 74 >. - , ~-~/, ~ ~. ?~..~..~ ............. Sworn to before me this .. :~.1.` s~... I .. ..... / --- -~SEPH L. TOWNSEND ~. No. 52'9366335 Qualified in Suffo k County ....~.~ Commission Expires March 30, 19 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / DATE ~ .]:~... ~..8..t..~..9..?. ~ TO THE ZONING BOARD'OF APPEALS,~TOWN OF 5OUTHOLD,~ N.Y. - MST Construction Corp. (acting for~W;.~Bar_ry E?erett) Name of Appellant Street and Number ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....................... 2' ........................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) N~me of Applicant for permit of ........ ,~, ,,, ?,. ,h. ~ ,~. ~.,..~.~?. ............... .~. ~ ,o. ,~, .~?., .~,, .o., .~. .............. , ,~..e,, .~.....~,,o., ,~,~ ............... Street and Number Municipality State PERMIT TO USE Let with adjusted property line PERMIT FOR OCCUPANCY "A" Dist. 1. LOCATJ;ON :OF THE PR_OPERT-¥..,... ......... . ........................ · ........... ......... 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 Ordinance.) Article ~, Section ~00 - ~ & Article III, Section ~00 - 30 3. TYPE OF APPEAL Appeal is made herewith for (][]iD 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. P~VIoUS :AppEAIJ A PreVioUS appe&l:~:~X(ha~ nOt)~ been- maae ~vith'respb'ct'to this decision of the Bu[Idlng I:nspector o~ with respect;to ~his-pFo~e~. Such appeal was ( ) request for.a special permit ( ) request for a variance and was made in Appeal Nb'/.~ ........ ~L..~..;:~ ........ ,:.Dared "' ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance tothe Zoning Ordinance is requested for the reason that Encroachment of existing st~et~re on a~joini'ng lot. l~orm ZB1 (Continue on other side)_ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pract'ca~ difficulties or unneces- sary HARDSHII~ becaus'e Part of the structure and the driveway are encroaching o'n the-a~joining Lot #~21~ Compliance would require mqving the building~ 2. The hardship created is UNIQUE and is not shared by a~l properties alike in the immediate vicinity of this property and in this use district because ~The lot side lines are not square with the front line causing confusion with regard to,the rear corners of the let. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Only the side line would be changed~ Frontage on the street would remain the same. The area cut away from Lot #421 would be replaced by an equivalent ~me~nt of land from the rear of Lot #422. There would be ample area on Lot #421 te construct a single family dwelling° STATE OF NEW YORK ) ~Z~ ~ ~ ) ss COUNTY OF ) '0 Signature ........................... of ........................... Notary Public ]FORM N'O. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S O'FFICE SOUTHOLD, N. Y. .,% ,¢/. NOTE: o -- PIPE FNO. SUBOII~t$ON MAPI~I£~D tN TH~ OF'THE Q~Et?t~ OFSUF~O£1~ ~OUNTY ON MAY~ 19~ AS FIL, ENO _J .EV,~,ON. -~/~~-- ~ . WILLIAM BARRY EVERETT ,,~o, ~o. 422 NASSAU POINTCLUB PROPERTIES,IN~ SECT~ D" AT NASSAU POINT I GUARANTEED TO: TOWN OF SOUTHOLD SUFFOLK CO., N.Y.~~~~J~~~