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Home My WebLink About1851 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1851 Dated October 18, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To David De Friest Main Road Southold, New York D.__ NOV. 1, 1973 Appellant at a meeting of the Zoning Board of Appeals on November was considered an~ the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1973 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 and the decision of the Buildin~ Inspector ( ) be reversed ( ) be confirmed because 8:30 P.M. (E.S.T.), upon application of David.De Friest, Main Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Se6tion 301 and Bulk Schedule for per- mission to set off lot with less than requi~ed width with existing dwelling. Location of property: west side Horton's Lane, Southold, bounded north by other land of applicant; east by Horton:s Lane; south by C. %/. Booth; west by Jennings and others. 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 practical difficulties hardship because 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 (wonid 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. REVERSE , 5/ / o, I~h~'~'~' / Marjor±~e McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to set off lot with less than required width with existing dwelling; the property is located on the west side of Hortonts Lane, $outhold. The findings of the Board are that this is a reasonable request. The applicant proposes to divide his property approximately in half with existing residences on each of the two halves. A large part of the property is under water; the fresh water pond will not be disturbed. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and't~e'var~a~ce will not change the character of the neighborhood, and will observ6 the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, David DeFries~, Main Road, Southold, be GRANTED permission'to set off lot with less than required width with existing dwelling dn the west sid6 of Horton's Lane, Southold, as applied for, subject to the following condition: That the two residential properties resulting from this property division shall remain in single family residential use. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the To~ Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold: Suffolk County: New York: public hearings will be held by the Zoning Board of Appeals of the Town of Southold: at the To%~ Office: Main Road~ Southold~ New York~ on November 1~ 1973~ on the following appeals: 7:30 P.M. (E.S.T.)~ upon application of Marion McAll~ West Cove Road: Cutchogue: for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301.and Bulk Schedule for permission to divide and set off lot with existing building. Location of property: Lots # 3:~:~ Alonzo Jersey: West Cove Road~ Nassau Point~ Cutchogue. 7:$~ P.M. (E.S.T.): upon application of Samuel Manarel: Harbor Lane~ Cutchogue~ for a variance in accordance with the Zoning 0rdinance~ Article III: Section 302 for permission to erect accessory building with reduced setbacks. Location of property: Harbor Lane~ Cutchogue: bounded north by D. Ho~nel$ east by Harbor Lane~ south by J.L. Lyons$ west by Dalchet Corp. 8:00 P.M. ( E.S.T.)~ upon application of Pirate's Cove Marine: Inc.: Penninsula Road: Fishers Island: New York: for a variance in accordance with the Zoning Ordinance~ Article III~ Section 301 Iland Bulk Schedule and Article 12Okra for permission to erect a new store building with less than required rear yard. Location of property: west side of Penninsula Road~ Fishers Island: bounded north by Private Road~ east by Pirate's Cove Mariner Inc.$ south by West Harbors west by W. Maynard. Legal No'~ce ~ Page 2 8:15 P.M. (E.S.T.)~ upon application of William Grefe~ New Suffolk Avenue~ New Suffolk~ for a variance in accordance with the Zoning 0rdinance~ Article IX~ Section 900 and Bulk Schedule for permission to use lot of less than required area for indus- trial purposes ( Contractor's yard~. Location of property~ west side Cox Lane~ Cutchogue~ bounded north by L. B. Glover~ Jr$ east by Cox Lane~ south by B. Harrisl west by L. Glover~ Jr. 8:30 P.M. (E.S.T.)~ upon application of David De Friest~ Main Road~ Southold~ for a variance in accordance with the Zoning 0rdinance~ Article III~ Section 301 and Bulk Schedule for permission to set off lot with less than required width with existing dwelling. Location of property~ west side Horton's Lane~ Southold bounded north bM other land of applicants east by Horton's Lanes south by C. W. Booths west by Jennings and others. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: October 19~ 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH 0NCE~ OCTOBER 2~ 1973~ AND FORWARD FIVE (~) AFFi~AVIT~ OF ~UBL~OAT~0N TO THE ~0U~HOLD TOWN BOARD OF APPEALS~ MAIN ROAD~ SOUTHOLD~ NEW YORK. NOTICE OF HEARINGS Pursuant to Section 267 of the 'own Law and the provisions of the Amended Building Zone Ordinance of the Town of York, public hearings will be held by the Zbhing Board of Appeals of the Town of Southold; at the Town Office, Main Road, Southold, New York, on November 1, 1973, on the following appeals: 7:30 P.M. (E.S.T.), upon ap- plication of Marion McAll, West Cove Road, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lot with existing building~ Location of property: Lots No. 3, 4, 5, Alonzo Jersey, West Cove Road, Na~au Point, Cutchogue. 7:45 P.M. (E.S.T.), upon ap- plication of Samuel Manarel, Harbor Lane, Cotcbegue, for a variance in accordance w~th the Zoning Ordinance, Article III, Section 302 for permission to erect accessory building with reduced setbacks. Location of property: Harbor Lane, Cut- chogue, boanded north by D. Hommel; east by Harbor Lane; south by J.L. Lyons; west by Dalchet Corp. 8:00 P.M. (E.S.T.), upon ap- plication of Pirate's Cove Marine, Inc., Peninsula Road, Fishers Island, New York, for a Zoning Ordinance, Article IH, IEGALNOTICE Section 30~ d Bulk Schedule and Article t~0ta for permission to ercct a new store building with les~ than required rear yard. L~cationofproperty:westsideof COUNTY OF SUFFOLK, Peninsula Road, Fishers STATE OF NEW YORK, j Is]and, bounded north by Prtvato ~ ss: Road; east by l~tate's Cove Marine, Inc.; south by West Stuart C, Harbor; west by W. Maynard. · ..................................... being duly Swor, a:15 P.M. (E.S.T.), upon ap- says that he is Printer and Publisher of the SUFFOL plication of William Grofe, New ....... Suffolk Avenue, New Suffolk, for a variance in accordance with the Zoning Ordinance, Article IX, Section 900 and Bulk Schedule for permission to use lot of less than required area for industrial purposes Contractor's yard). L~cation of property; west side Cox Lane, Cutchogue, bounded north by L.B. Glover, Jr.; east ~ Cox Lane; south by B. Harris west by L. Glover, Jr. ~ 8:30 P.M. (E.S.T.), upon ap- plication of David DeFriest, Main Road, Scuthuld, for a variance in accordance with the Zoning Ordinance, Article IH, Section 301 and Bulk Schedule for per- mis~inn to set off lot with less dwelling. Location of property: west side Horton's Lane, ~outhold, beanded north by other land of applicant; east by Hor- Lon's Lane; south by C.W. Booth; west by Jennings and others. I Any per-~m desiring to be heard on the above applications should appear at the time and place above specified. Dated: October 19, 1973 BY ORDER OF THE BOARD OF APPEALS 1TO25 WEEKLY TIMES. a newspaper published ~t Greenport. in sai county; and that the notice, of which the ~,n~exed is a printc ~opy. Ires been published in the ~d Suffolk W~kl~' Tim( once in each week, for ...... p.n.e..(]:.). ............. weeb successively commencing on the day of Oc%ober 9 73 Sworn to before me this 25th day ~ October - 73 ........ i'": .... ."I '.'. .... ' -- . . ~ ~t. ................................. JOSE?H LA,7~EN~£ TOWNSEND / NOTA Y r,B .... CF NEW YORK My Corem!ss;ch E×;;,res ~;arch 30, NOTICE OF HEARINGS Pursuant to Sc u 267 of the Town Law and t. 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 November 1, 1973, on the following appeals: 7:30 P. M. tEST), upon appli- cation of Marion McAI1, West Cove Road. Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section S01 and Bulk Schedule for permission to divide and set off lot with existing building. Lo- cation of prol~rty: Lots No. 3, 4. 5, Alonzo Jersey, West Cove Road, Nassau Point, Cutchogue. 7:45 P. M. (EST), upon appli- cation of Samuel Manarel, Har- bor Lane, Cutchogue, for a var- iance in accordance with the Zoning Ordinance, Article IH, ~ection 302 for permission to erect accessory building with reduced setbacks. Location of property: Harbor Lane, Cut- chogue, bounded north by D. Hommel; east by HarbOr Lane; south by J. L. Lyons; west ,by Dalchet Corp. g:00 P. M. (ESTh upon appli- cation of Pirate's Cove Marine, Inc., Penninsula Road, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article III. Section 301 and Bulk Schedule and Ar- ticle 1204a for permission to erect a new store building with less than required rear yard. Lo- cation of property: west side of Penninsula Road, Fishers Island, bounded north by Private Road: east by Pirate's Cove Marine, Inc.; south by West Harbor: west by W. Maynard. 8:15 P. M. (EST), upon appli- cation of William Orefe, New Suffolk Avenue, New Suffolk, for a variance in accordance with the Zoning Ordinance, Article IX, Section 900 and Bulk Schedule __for. permission to use lot of less ~han requh'ed area for industrial purposes (Contractor's yard~. LO- cation of property; west side Cox Lane, Cutchogue, bounded north by L. B. Olover, Jr.; east by Cox La, ne; south by E. Harris: west by L. Olover. Jr. 8:30 p. M. (EST). upon appli- cation of David DeFriest. Mailq Road, Southold. for a variance in accordance with the Zoning Or- dinance, Article III. Section 301 and Bulk ~chedule for permission to :et off lot with less than re- quired width with existing dwelling. Location of property: west side Horton's Lane. South- old bounded n~)rtb by other land of applicant; east by Hot,oh's Lane; south by C. W. Booth west by Jennings and others.~ Any person desiring to be heard on the above applications should appeal' at the timc and p!~ce above specified, Dated: October 19. 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK J C. Whitney Booth, Jr., being duly sworn, says 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, Los been published in said Long Island Traveler-hAattituck Watch- man once each week for ..... ~.~':(-~....(..2~./week~ success ve y, commenc ng on the ............. ~.....~.......~..~. ........... doy .......... .\ Sworn to before me this ......... .~......~.~. ...... ay of .......... .......... FOI~M NO. 3 TOWN OF SOUTHOLD BUILDING I~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .. ........ D. av~d..I;..'~e'F'ri~i .................... of .......... ~V~a~n:'R'oad' ............................................ Name of 7~ppellant btreet and Number ............... · Sot~th~ld ............................................................. i~.;.¥;..~lc;~.egr/.1.....HEREBY APPEAL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPUCATION FOR PERMIT NO. DATED ....... .~. ........ ,...:..~. ...... ( ) ( ) ................ Dar¢id..De F.~. ies.t. .................................. Name of Applicant for permit of .......... g..~, .~..~ .o...a..d. .......... ~ ........... ~.o...u.t.b..o..!.d. ......................... ..~..,.~ ..... ~.!.9..?~ .......... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY - Permit to set off lot v:ith ezisting d~.vetling 1[. LOCATION OF THE PROPERTY ........ west.s_i, de...i~orton.,.s..i~.an~....;z:..A~.~i~tm, je~ ...... ; ...... '-Street use umtrlct on ~onmg r~ap Mop 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 3 Section 301 ~= bulk schcdu!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 (~) (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 ...................................................................... ) ~:s requested for the reason that REASON FOR APPEAL · A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance set off lot with less than 150 ft. wideth with existing dwelling Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because they have existing dwellings - built prior to zoning ordinance and now requirements are to lhe point ~hat you cannot meet current requirements v~idth of lots. 2. The hardship created is UNIQUE and is not shared by aP[ properties alike in the vicinity of this property and in this use district because oro~erty ~' ~1 ~ · fronts on body of water ~vhihh cannot be dredged or filled to increase the area of the upland. immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are existing one farnily dwellings on [he prennises. oF ) COUNTY OF ) S~gnature