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Home My WebLink About1916 TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1916 Dated May 28, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To W.H. & P. C. Leverich Nassau Point Road Cutchoque, New York at a meeting of the Zoning Board of Appeals on June 13, 1974 was consklered 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 ~IRequest for a variance to the Zoning Ordinance ) DATE .Jll. ii4~.l.~,r 1974 Appellant the appeal 1. SPECIAL EXCEPTION. By resolution ~ the Board it was determined that a ~e~al exception ( ) be ~anted ( ) be denied pursuant te ~t~le .................... Sect~n .................... Sub~ction .................... para~a~ .................... ~ the ~ning O~inance and the decision of the Building Inspec~r ( ) be reversed ( ) be ce~irm~ because 8:35 P.M. (E.D.S.T.), upon application of W. H. & P. C. Leverich, Nassau Point Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A, B, C, for p~rmission to erect tennis court fencing of over 4 feet in height in front yard area. Location of property: Lot 91, Nassau Point Properties, Nassau Point Road, Cutchogue, New York. Fee paid $15.00. 2. VARIANCE. By resolution of the Board R was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would n~) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZtM SEE REVERSE , // ~ ~ P~ALS ~ ~01)ell$ ' Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to erect tennis court fencing of over 4 feet in height in the front yard area of Lot 91, Nassau Point Properties, Cutchogue. The findings of the Board are that applicant plans to locate the tennis court fencing no closer than 17 feet to Nassau Point Road. 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; ~he hardship created is unique and w~uld 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, W. H. & P. C. Leverich, Nassau Point Road, Cutchogue, New York, be GRANTED permission to erect tennis court fencing over 4 feet in height in front yard area of Lot 91, Nassau Point Properties, Cutchogue, New York, as applied for, subject to the following conditions: That the fence shall be no closer to Nassau Point Road than 17 feet, and no closer than 40 feet to the westerly line of the property. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. 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 the Town of Southuld, at the Town Office, Main Road, Southold, New York, on Jane 13, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of George Ahlers Builder, Inc:, 250 Cox Lane, Cutchogue, a-c Anthony Principe, 132-70 Sanford Avenue, Flushing, New York for a variance in ac- dinance, Article III, Section 100- 34 and Bulk Schedule for per- mission to erect home with in- sufficient sideyard. Location of property: Lot No. SO, Harbor Lights Estates, .c~ner Brigan- tine Drive and Harbor Lights Drive, Scuthcld, New York. 7:55 P.M. (E.D.S.T.), upon application of M~A. Kelsey Properties, Inc., Box 908, Southold, New. York for a variance in accordance with the Zoning OrdinAnce, ~Article VI, Section 100-~ G, Article VII, Section 100-71 for permission to sot off business lot with in- sufficient area and insufficient offstreet parking, etc. Location of property: Main Hoad and Love Lane, Mattituck, bounded north by other land of applicant; east by Val Stype; south by Main Hand~ west by Love Lane. 8:06 P.M. (E.D.S.T.), upon application of Adeline Cardinale, c-o Cardinal Community Service Corp., 1884 Deer Park Avenue, Deer Park, New York; for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 A & Bulk Schedule for perm/ssion to d/vide property with two existing buildings with insufficient area. Location of property: S-S Peconic Bay Blvd., "A" District, Laurel, New York, bounded north by Pecoalc Bay Blvd.; east by now or formerly G. Harvey Moore; south by Peconic Bay; west by now or fomerly Adams - Brown. 8:15 P.M. (E.D.S.T.), upon proposed road and other land of applicant; east by existing right- of-way; south by Pine Tree Road; west by Robert Krupski. 8:25 P.M. (E.D.S.T.), upon application of Barbara T. Starzee, 405 Yoangs Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to erect fence over 4 feet in height on road frontage. Location of property: N-S Young's Avenue, Mattituck, beanded north by Mark Road; east by R. Mazgulski; south by Young's Avenue; west by H. Fisheram,_ · 8:35 P.M. (E.D.S.T.), u~ application of W.H. and P.C. Leverich, Nassau Point Road, Cutchegue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 A, B, C, for per- mission to erect tennis court fencing of over 4 feet in he'~ht in front yard area. Location of property: Lot 91, Nassau Point Properties, Nassau Point Hoad, Cutchogue, New York. m 8:45 P.M. (E.D.S.T.), upon application of Peeonic Trading Post, Box 199, Main Road, Peeonic, New York, for a special exception in accordance wi~ the Zoning Ordinance, Arlicl 'I, Section 100-60 C for permission to erect roof sign on side of buildin.g. Location of property: NE m Road, Peconic, New ~ork, boanded north by I. Newman and others; east by G. Berkoski; south by Main Road; west by L. 9:00 P.M. (E.D.S.T.), upon application of James P. Kavanagh, Main Road, East Marion, New York, for a variance in accordance with the Zoning ordinance, Article V, Section 100-51 for permission to sot off existing motel units as separate dwellings and lots. Location of property: N-S Gar- diner's Roy, East Marion, New York, bounded north by Dawn Estates Shopping Center and R. and Z. Kaplan; east by Dawn Estates Shopping Center; south by Gardiner's Bay; west by Dawn Estates Shopping Center. 9:15 P.M. (E.D.S.T.), upon application of Southold Yacht Club, North Parish Drive, Southold, New York for a variance in accordance with the Zoning ordinance, Article HI, Section 100-35 for permission to ereet fence over 4 feet in height in front yard area. Location of property: N-S North Parish Drive, Southold, bounded north by Peconic (Southcld Harbor) Bay; east by M. Croasdale; south by North Parish Drive; west by Town of Southold~ Any person desiring to be heard on the above Appeals should appear at the lime and place above specified. Dated: May 30, 1974 BY ORDER OF THE BOARD OF APPEALS COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: ........ S.'~.U..a?.~...C.....D.o..1~..a~. ........... being duly Sworr says that ...h.e... is Printer and Publisher of the SUFFO~-; WEEKLY TIMES, a newspaper published at Greenport, in sai county: and that the natic~:, of which the annexed is ~ printc copy, has been published in the said Suffolk Weekly Tim:- once in each week, ~or ....... p.n.e...(.~.) ........ weel- successively commencing on the ........... .~.'t;.h. .......... Sworn to before me this .... ~.12... , // / uo~^~.c, uau¢.o~ .~8w.¥o~ ................ ~ ~rn~ma ~pi[~ March 30, II NOTICE OF HEARINGS ~ Pursuant to Section 267 of the awn Law and the provisions of · le Amended Building Zone Irdinancc of the Town of ~outhold, 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, South- old, New York, on June 13, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of George Ahlers Builder, Inc., 250 Cox Lane,¶ Cutchogue, a/c Anthony Prin- cipe, 132-70 Sanford Avenue, Flushing, New York for a variance in accordance with the Zoning Ordinance, Article I11, Section 100-34 and Bulk Schedule for permission to erect home with insufficient sideyards. Location of property: Lot No. 20, Harbor Lights Estates, corner Brigantine Drive and Harbor Lights Drive, Southold, New York 7:55 P.M. (E.D.S.T.) upon application of M. A. Kelsey Properties, Inc., Box 983, South- old, New York for a variance in accordance with the Zoning Ordinance. Article VI, Section 100-62 G. Article VII, Section 100-71 for permission to set off business lot with insufficient area and insufficient offstreet parking, etc. Location of property: Main Road and Love Lane, Mattituck, bounded north by other land of applicant; east by Val Stype; south by Main Road; west by Love Lane. 8:05 P.M. (E.D.S.T.) upon application of Adeline Cardinale, c/o Cardinal Community Service Corp., 1884 Deer Park Avenue, Deer Park, New York, for a variance in accordance with the Zoning Ordinance, Attic:lc III, Section 100-30 A & Bulk Schedule for permission to divide property with two existing buildings with insufficient area. Location of property: S/S Peconic Bay Blvd., "A" District, Laurel, New York, bounded north by Peconic Bay Blvd.; east by now or formerly G. Harvey Moore; south by Peconic Bay: west by now or formerly Adams-Brown. 8:1S P.M. (E.D.S.T.) upon application of Flora Luce, Skunk Lane, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule, for permission to set off lot with less than 40,000 sq. ft. area. Location of property: N/S Pine Tree Road "A" District, Cutchogue, bound- ed north by proposed road and other land of applicant; east by existing right-of-way; south by Pine Tree Road; west by Robert Krupski. 8:25 P.M. (E.D.S.T.) upon application ntarbara T. Starzee, 405 Young~ ,venue, Mattituck, New York, for a variance in COUNTY OF SUFFOLK accordance with the Zoning I SS: Ordinance Article Ill, Section STATE OF NENV YORK 100-35 for permission to erect fence over 4 feet in height on road frontage. Location of property: N/S Young's Avenue, Mattituck, C. Whitney Booth, Jr., being duly sworn, says bounded north by Mark Road; east by R. Mazgulski; south by that he is the Editor, of THE LONG ISLAND Young's Avenue; west by H. TRAVELER - MATTITUCK WATCHMAN, a public news- Fisher. 8'35.. P ...... M (E D.~.T;) ~upo,,q paper printed at Southold, in Suffolk Countyi and that apphcation of W. H~.. &~ P~._91the notice of which the a.nnexed is a printed copy, has been ~eu'~ce;ioCgh~e,NaI~;awU yPo°rikn,t ~o:ad;' published in said Long Island Troveler-Moftituck Watch- variance in accordance with the .-~ Zoning Ordinance, Article III, man once each week for ........ k.~....,~L.~......,..,...,, week~ Section 100-35 A, B, C, for fencing o[ over 4 feet in height in front yard area. Location at property: Lot 91, Nassau Point Properties, 'Nassau Point Road~ ~ Cutchogue, New York. 8:45 P.M. {E.D.S.T.) upon application of Peconic Trading Post. Box 199, Main Road, Peconic, New York, for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C for permission to erect roof sign on side of building. Location of property: N/S Main Road, Peconic, New York, bounded north by I. Newman & others; east by G. Berkoski; south by Main Road; west by L Gozeleski. 9:00 P.M. (E.D.S.T,) upon application of James P. Kav- anagh, Main Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article V, Section 100-51 for permission to set off existing motel units as separate dwellings and lots. Location of property: N/S Gardiner's Bay, East Marion, New York, bound- ed north by Dawn Estates Shopping Center and R. and Z. Kaplan; east by Dawn Estates Shopping Center; south by Gardiner's Bay; west by Dawn Estates Shopping Center. 9:15 P.M. (E.D.S.T.) upon application of Southold Yacht Club, North Parish Drive, South- old, New York for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-35 for permission to erect fence over 4 feet in height in front yard area. Location of property: N/S North Parish Drive, South- old, bounded north by Peconic (Southold Harbor) Bay; east by M. Croasdale; south by North Parish Drive; west by Town of Southold. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. DATED: May 30, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT, 6/6 Sworn to before me this ........ ,/.. .............. day o{ ~rot~ff :Puialte / TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR -FO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. /f / ~ DATE .. ~s~y,..2 8.~... 1.~ 7.)+ 1, (We) W.H. & P.O. LEVERICH A, ~AS,~AU POINT ROAD Name of AppeJlon,t Street and Number ..................... CL~,I~O.Q. T3~ ........................................................ ~v~ ................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ' DATED .....--~..~( ....~....~....J..?...~.:~, WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit for fencing in front yard over ~' height rOzNz ROAD "A" DiST 1.LOCATION OF THE PROPERTY NASSAU ~ ~'~ Street Use District on Zoning Map .... ~ SL..U...~.u~T .................... 9i ....................... Cutchogue lv~ap 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.) Art III Sec lOO-~ A:B~C~ 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 4. PREVIOUS APPEAL A previous appeal (1~,~) (has not) been made with respect to this decision of the Building Jnspector 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 ) ,s requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Co~tinue~ 1. STRICT APPLICATION OF THE ORDINANCE would produce practica{ difficultie~ or unneces- san/ HARDSHIP. because ZO~ ffenctng req~ire~ to act ~s backstop flor tennis court 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because there are few other courts in the i~edi~e vicir~ity 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER oF THE DISTRICT because it will foster fami]~ recreation & attention '~:l!l be given to proper landscaping STATE OF NEW YORK ) Sworn to this .......... i .......... ~.,~..~ ......... day FOI~I NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Dote .................... , 19 ...... ro ................ ~.~ ..... ...~ ..... ~ ............ ~ ............................ ............... .... .................... PLEASE TAKE NOTICE that ¥ou~.application dated .................................. ~ ...... ~ ...... ~ ]~...~...~ ................ ~ .................. ~ ................................ Street ~ { r~:~disapproyed on th~f~llowing grouods' ........ ~-~(I~. ...................................... ......................... ,~ ............... ~ .... ~,.~,~.. ........................ ~...> ...../ .......... ,..,= ...................................... Building Inspector Lo'c 90