HomeMy WebLinkAbout1976
TO~gN OF SOI)THOIA), NEW YORK DATE ...D~c....~.9, 1974
ACTION OF THE ZONING BOARD OF APPEALS Public Hearing: 12/5/74
Appeal No. 1976 Dated November 13, 1974
ACTION OF TH~ ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
Geo. Ahlers Builder,
250 Cox Lane
Cutchogue, N. Y.
Inc. a/c A. & R. Usatch -Nassau Point,
No Xo
To
Appellant
at a meeting of the Zoning Board of Appeals on December 19, 1974
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
( ~ Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECI~_L F~ICEPTION. By resolution of the Board it was detemined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the dec. ton of the Building Inspector ( ) be reversed ( ) be
confirmed because 9:30 P.M. (E.S.T.) upon application of George Ahlers
Builder, Inc. a/c A. & R. Usatch, Nassau Point, N. Y. for a variance
in accordance with the Zoning Ordinance, Article III, Section 100-30
and Article III, Section 100-32 for permission to locate accessory
building (garage) on front yard area~ Location of property: Lot
Nox. 184 and 185, Map of Nassau Point No. 156, N/S Broadwater Road,
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 or unnecessary
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.
s .?PROV£D
FoRM
Marj0~ie McDe~ott, Secretary
After investigation and inspection the Board finds that applicant
requests permission to locate accessory building (garage) in front yard
area on the north side of Broadwater Road, Cutchogue. The findings
of the Board are that applicant is the owner of a long, narrow lot,
and that the rear yard area is subject to flooding. The house is located
too close to the high water line to put the garage behind the house.
The Board agrees with the reasoning of the applicant.
The Board finds that strict application of the Ordiaance
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, George Ahlers Builder, Inc. a/c
A. & R. Usatch, Nassau Point, New York, be GRANTED permission to
locate accessory building (garage) in front yard area on the
north side of Broadwater Road, Cutchogue? as applied for, subject
to the following conditions:
1. That the garage be located no closer than 10 feet to the
easterly side yard of Lot No. 185.
2. That the garage be located no closer than 100 feet to
Broadwater Road.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
LEGAL NOTICE
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 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 December 5, 1974,
on the following appeals:
8:00 P.M. (E.S.T.) upon application of Thomas A. Duffey,
T.A.D. Auto Sales, Main Road, Cutchogue, New York for a special
exception in accordance with the Zoning Ordinance, Article VII,
Section 100-70 B.4 (a) for permission to conduct a used oar
sales business, (b) to erect a second sign. Location of
property: Main Road, Cutchogue, New York, bounded on the north
by Main Road; east by Pequash Avenue; south
by Fleet Estate.
8:15 P.M. (E.S.T.) upon application of
by M. Barteau; west
Walt Whitman Federal
Savings & Loan Association, Main Road & Bay Avenue, Mattituck,
New York for a special exception in accordance with the Zoning
Ordinance, Article VI, Section 100-60 C (3) (b) for permission
to erect sidewall sign. Location of property: Main Road & Bay
Avenue, Mattituck, New York, bounded on the nort~ by Main Road;
east by Bay Avenue; south by E. & H. Wilsberg; west by J. McCarthy.
8:30 P.M. (E.S.T.) upon application of William Heins, Main
Road, Orient, New York for a special exception in accordance with
the Zoning Ordinance, Article III, Section 100-30 B.1 for
permission to convert existing one family dwelling to two family
dwelling. Location of property: S/S Oregon Road @ Elijah's Lane,
Mat~ituck, bounded on the north by Oregon Road; east by E~ijah'$
Lane; south by F. Deerkoski; west by Mo Sidor, Jr.
Legal Notice
Page 2
8:45 P.M. (E.S.T.) upon application of James A. Davis,
Harbor Lights Drive, Southold, New York for a special
exception in accordance with the Zoning Ordinance, Article VII,
Section 100-70 B.4 for permission (a) to operate a used car
business, (b) to erect sign. Location of property: S/S
Main Road, Greenport, New York, bounded on the north by
Main Road (Rte. 25); east by Robert Brown; south by Robert
Brown; west by A. Campbell.
9:00 P.M. (E.S.T.) upon application of Helmut Hass, North
Road, Peconic, New York for a special exception in accordance
with the Zoning Ordinance, Article III, Section 100-30 B. C1
for permission to use existing house as two family dwelling.
Location of property: S/S North Road, Peconic, New York, bounded
on the north by Middle Road (CR 27); east-Hingle & Suffolk County;
south by Long Island Railroad; west by K. Case.
9:15 PoM. (E.S.T.) upon application of Gloria & Edward J.
Praetz, 53750 North Road, S~uthold, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-34
and Bulk Schedule for permission to construct addition to
dwelling withreduced setback. Location of property: North
Road (CR 27) and Beverly Road, Southold, New York, bounded
on the north by North Road (CR 27); east by D. Brady; south by
R.O.W. Meissnest; west by Private Road - Beverly Road.
9:30 P.M. (E.S.T.) upon application of George Ahlers Builder,
a/c A. & R. Usatch, Nassau ~
Inc., 250 Cox Lane, Cutchogue, New Yor~for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-30
and Article III, Section 100-32 for permission to locate
accessory building (garage) in front yard area. Location of
property: Lot Nos. 184 & 185, Map of Nassau Point No. 156, N/S
Broadwater Road, Cutchogue.
Legal Notice
Page 3
9:45 P.M. (E.S.T.) upon application of James O. and Joan A.
Maxwell, 51 Village Lane, Rauppauge, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule for permission to construct dwelling with
insufficient sideyards. Location of property: S/S Fleetwood
Road, Cutchogue, New York, bounded on the north by Fleetwood
Weiss & Ors; south by M. Dalton; west by M.
Road; east by A.
Driver.
10:00 P.M.
(E.S.T.) upon application of Joseph Cherepowich
& Wife, Main Road, East Marion, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section
10D-30 and Bulk Schedule for
insufficient area. Location
Lane, East Marion, New York,
(Rte 25); east by other land of
west by Shipyard Lane.
permission to set off lot with
of property: Main Road & Shipyard
bounded on the north by Main Road
applicant; south by J. Rhode;
Any person desiring to be heard on the above appeals
should appear at the time and place above specified.
Dated: November 21, 1974
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Legal Notice
Page 4
PLEASE PUBLISH ONCE, NOVEMBER 27, 1974, AND FORWARD NINE (9)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on November 21, 1974:
The Suffolk Weekly Times
The Long Island Traveler-Mattituck Watchman
Supervisor Albert M. Martocchia
Thomas A. Duffey
Walt Whitman Federal Savings & Loan
William Heins
Walter G. Kapp a/c James A. Davis
Helmut Hass
Mr. & Mrs. Edward J. Praetz
George Ahlers Builder, Inc. a/c A. & R. Usatch
Law Bros. Homes, Inc. a/c James & Joan Maxwell
Mr. & Mrs. Joseph Cherepowich
LEGAL NOTICE
NOTICE OF HEARINGS
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 December 5, 1974,
on the following appeals:
8:00 P.M. (E.S.T.) upon ap-
plication of Thomas A. Duffey,
I.A.D. Auto Sales, Main Road,
Cutchogue, New York for a spe-
cial exception in accordance with
the Zoning Ordinance. Article
VII. Section 100-70 B.4 (a) fo
permission to conduct a used ca
sales business, (b) to erect ~
second sign. Location of property
Main Road, Cutchogue. Ney
York. bounded on the north b!
Main Road; east by Pequasl
Avenue; south by M. Barteau
wesl by Fleet Estate.
8:15 P.M. (E.S.T.) upon al
plication of Walt Whitman Feder.
al Savings & Loan Association,
Main Road & Bay Avenue, Matti-
tuck, New York for a special
exception in accordance with the
Zoning Ordinance, Article VI,
Section 100-60 C (3) (b) for
permission to erect sidewall sign.
Location of property: Main Road
& Bay Avenue, Mattituck, New
York. bounded on the north by
Main Road; east by Bay Avenue;
south by E. & H. Wilsberg; west
by J. McCarthy.
8:30 P.M. (E.S.T.) upon ap-
plication of William Heins, Main
Road, Orient, New York for a
~pecial exception in accordance
with the Zoning Ordinance,
Article 111, Section 100-30 B.I for
permission to convert existing
one family dwelling to two family
dwelling. Location of property:
S/S Oregon Road at Elijah's
Lane, Mattituck, bounded on the
north by Oregon Road; east by
Elijah's Lane; south by F. Deer-
koski; west by M. Sider, Jr.
8:45 P.M. (E.S.T.) upon ap-
plication of James A. Davis,
Harbor Lights Drive, Southold,
New York for a special exception
in accordance with the Zoning
Ordinance, Article VII, Section
100-70 B.4 for permission (a) to
operate a used car business, (b)
to erect sign. Location of pro-
perty: S/S Main Road, Green-
port, New York, bounded on the
north by Main Road (Rte. 25);
east by Robert Brown; south by
Robert Brown; west by A. Camp-
bell.
9:00 P.M. (E.S.T.) upon ap-
plication of Helmut Hass, North
Road, Pegonic, New York for a
special exception in accordance
with the Zoning Ordinance,
Article Ill, Section 100-30 B. C1
for permission to use existing
house as two family dwelling.
Location of property: S/S North
Road, Peconic, New York, bound-
ed on the north by Middle Road
(CR 27); east-Hingle & Suffolk
County; south by Long Island
Railroad; west by K. Case.
9:15 P.M. (E.S.T.) upon ap-
plication of Gloria & Edward J.
Praetz, 53750 North Road, South-
old, New York a variance in
accorOance witt, ,e Zoning Ordi-
nance, Article 111, Section 100-34
and Bulk Schedule for permission
to construct addition to dwelling
with reduced setback. Location of
property: North (CR 27) and
Beverly Road, Southold, New
York, bounded on the north by
)UNTY OF SUFFOLK
-ATE OF NEW YORKI ss:
North Road (CR 27); east by D.
Brady; south by R.O.W. Meiss- :[itor, of THE LONG ISLAND TRAVELER - MATTITUCK
nest; west by Private Road -tA-]-CHMAN, o public newspaper printed at Southold,
Beverly Road.
9:30 P.M. (E.S.T.)upon a~- Suffolk County; and that the notice of which the
Sherley Katz, being duly sworn, soys that she is t~
Sworn to before me this ........ ~...~.C..). ..... day of
.........
plication of George Ahlers Build-:
er, Inc., 250 Cox Lane, Cutch-'
ague, New York a/c A. & R.
Usatch, Nassau Pt. for a variance
in accordance with the Zoning
Ordinance, Article 111, Section
100-30 c. and Article III, Section
100-32 for permission to locate'
accessory building (garage) in,
front yard area. Location of-pro- '
perty: Lot Nos. 184 & 185, Map of
Nassau Point No. 156, N/S Broad-
water Road, Cutchogue. ~
9:45 P.M. (E.S.T.) upon ap-
&cation of James O. and Joan A.
Maxwell, 51 Village Lane, Haup-
pauge, New York for a variance in
accordance with the Zoning Or-
dinance, Article 111. Section
100-30 and Bulk Schedule for per-
mission to construct dwelling with
insufficient sideyards. Location of
property: S/S Fleetwood Road,
Cutchogue, New York, bounded
on the north by Fleetwood Road;
east by A. Weiss & Ors: south by
M. Dalton; west by M. Driver.
10:00 P.M. (E.S.T.) upon ap-
plication of Joseph Cherepowich
& Wife. Main Road, East Marion,
New York for a variance in accor-
dance with the Zoning Ordinance,
Article 111, Section 100-30 and
Bulk Schedule for permission to
set off lot with insufficient area.
Location of property: Main Road
& Shipyard Lane, East Marion,
New York, bounded on the north
by Main Road (Rte. 25): east by
other land of applicant; south by
J. Rhode: west by Shipyard Lane.
Any person desiring to be
heard on the above appeals
should appear at the time and
place above specified.
Dated: November 21, 1974
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
IT-11/28
hexed is o printed copy, has been published in said
~g Island Traveler-Mattituck Watchman once each
,k for ................ ~..-::',~........ff....Z..~..~ ....... week~'
:essively, commencing on the .............. qX~.....~...~.. ..............
............. ...... ,
...................
LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE
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 hdd
by the Zoning Board of Appeals of
the Town of Southold, at the Town
Office, Main Road, Southold,
Now York, on December 5, 1974,
on the following appeals:
8:00 P.M. (E.S.T.) upon ap-
plicatien of Thomas A. Duffey,
T.A.D. Auto Sales, Main Road,
Cutchague, New York for a
special exception in accordance
with the Zoning Ordinance,
Article VII, Section 100-70 B.4 (a)
for permission to conduct a used
car sales business, (b) to erect a
second sign. Location of
property: Main Road, Cut-
chngue, New York, bounded on
the north by Main Road; east by
Pequash Avenue; south by M.
Barteau; west by Fleet Estate.
8:15 P.M. (E.S.T.) upon ap-
plication of Walt Whitman
Federal Savings & Loan
Association, Main Road & Bay
Avenue, Mattituck, New York for
a special exception in accordance
with the Zoning Ordinance,
Article VI, Section 100-60 C (3)
(b) for permission to erect
sidewall sign· Location of
property: Main Road & Bay
Avenue, Mattituck, New York,
bounded on the north by Main
Road; east by Bay Avenue; south
by E. & H. Wflsberg; west by J.
McCarthy.
5:30 P.M. (E.S.T.) upon ap.
plication of William Heius, Main
Road, Orient, New York for a
special exception in accordance
with the Zoning Ordinance,
Article III, Section 100-30 B.1 for
permission to convert existing
one family dwelling to two family
dwelling. Location of property: S-
S Oregon Road at Elijah's Lane,
Mattituck, bowded on the north I
by Oregon Road; east by Elij~h's
Lane; south by F. Deerkoski;
west by M. Sider, Jr.
8:45 P.M. (E.S.T.) upon ap-
plication of James A. Davis,
Harbor Lights Drive, Southold,
New York for a special exception
in accordance wi, th the Zoning
Ordinance, Article VII, Section
100-70 B.4 for permission (a) to
operate a used car business, (b)
to erect sign· Location of
property: S-S Main Road,
Greenport, New York, bounded
on the north by Main Road (Rte.
25); nast by Robert Brown; south
by Robert Brown; west by A.
Campbell.
9:00 P.M. (E.S.T.) upon ap-
plication of Hclmut Hass, North
Road, Pecouic, New York for a
special exception in accordance
with the Zoning Ordinance,
Article III, Section 100-30 B.C1 for
permission to use existing house
as two femily dwelling. Location
of property: S-S North Road,
Pecenic, New York, bounded on
the north by Middle Road (CR
27); east-Hingle & Suffolk
Coanty; south by Long Island
Railroad; west by K. Case.
9:15 P.M. (E.~.T.) upon ap-
plicatien of Gloria & Edward J.
Praetz, 53750 North Road,
Southold, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section IO0-M and Bulk Schedule
for permission to construct ad-
dition to dwelling with reduced
setback. Location of property:
North Road (CR 27) and Beverly
Road, Southold, New York,
beanded on the north by North
Road (CR 27); east by D. Brady;
south by R.O.W. Meissnest; west
by Private Road--Beverly Road.
9:30 P.M. (E.S.T.) upon ap.,
ptication of George Ahlers~
Builder, Inc., 2~0 Cox Lane,[
Cutchogen, New York a-c A. &
Usatch, Nassau Pt. for
variance in accords with the
Zoning Ordinance, lcle III,
Section 100-30 C. and Article III,
Section 100-32 for permission to
locate accessory building
(garage) in front yard area.
Bocation of property Lot Nos.
1~4 & 185, Map of i~ m Point
~lo. 156, N-S Broadwaier Road,
~tchague.
9:45 P.M. (E.S.T.) upon ap-
pllcatian of James O. and Joan A.
Maxwell, 51 Village Lane,
Hauppaage, New York for a
variance in accordance with the
Zoning Ordinance, Article HI,
Section 100-30 and Bulk Schedule
for permission to construct
dwelling with insufficient
sideyards. Location of property:
New York, bounded on the north
by Fleetwood Road; east by A.
Weiss &Ors; south by M, Dalton;
west by M. Driver.
10:00 P.M. (E.S.T.) upon ap-
pllcation of Joseph Cherepowich
& Wife, Main Road, East Marion,
Now York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section
30 and Bulk Schedule for per-
mission to set off lot with in-
sufficient area. Location of
property: Main Road & Shipyard
Lane, East Marion, New York,
bounded on the north by Main
Road (Rte 25); east bY other land
of applicant; south by J. Rhode;
west by Shipyard Lane.
Any person desiring to be heard
on the above appeals should
appear at the time and place
above specified.
Dated: November 21, 1974
BY ORDER OF THE
BOARD OF APPEALS
COUNTY OF SUFFOLK,
STATE OF NEW YORK. ~ ss:
J
· .. .S.t~ .t~..~.t}...C.:..D.o..~..an_ ......... being duly Sworn,
says that . ..h.e... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published ~rt Greenport, in said
county; and that the notice, of which the annexed is u printed
copy, has been published in the said Suffolk Weekly Times
once in each week, for one (1) weeks
27t:h
successively cemmencing on the ..........................
day of Nove~ ..~..9 7~-.
........
Sworn to before me this .. :~.~ .....
day of . ~/ ] .~. ~.4 ' : . ./.~."~' . ~J. . ?/'' J , /
// /' N ¢ ~'/~,::'Y'--- "e'J'BLIC' ~.F. N£W..Yoaa ...............
~ / Residing in Suffolk County
Ciks. No, 52-9366350
My Csmraission E~l]ires March 30, 19
TOWN OF SOUTHOLD
BUILDING D~EPA RTJ~E.NT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No ................................................................... Dote ........................................................
~permit to con;st~uct~ ~'~ J~f~....~..~.7..at the premises located at .....~.~.~.~ .......................
for
...Y..~....~..~.~..~...~...._~ .............. Street ~~
Mop ...~:....~.~ ....... Block ............................................ Lot Z.~.~..~ ......................... is
~turncd h:,:wilh und d sapp~oved on the fo ow~ng grounds ...... ~~..~.~ ~
........ ~~ .~.~ ........ ~~....~. ~....~.~.~..~..~..~ ~
Building Inspector/
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO./'~ 7 ~'
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We,~e..9.~.~....A.~..%~.~.....B..~.~.~..d..e...'g'.~....~.C-,.....of ..3..~.g....C..~.~....L.~..o.., .............................................
Name of Appellant- Street and Number
............. .C...~.~.?.~..o..g,,¥.,e, ........................................................... .,~,...~... ................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ..... /~.../..3.Z...,!...~..2..~.....
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of ..~t/~~
Street and Number Municipality
) PERMIT TO USE
PERM]T FOR OCCUPANCY
)
Pe~mi% ~o buil~ ~ on~. ~ar ~ara~e
LOCATION OF THE PROPERTY~.ad.~k~.~...gfl.~..~.~m~.~...~,..~.~.~.~ .........
Street Use District on Zoning Map
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph o~the i_..Z,~,~Or~Cnance by number. Do not quote the Ordinance.)
3, TYPE OF APPEAL Appeal is mode herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Mop
A VARIANCE due tO Io;k of occes~ (State of New York Town Law Chap. 62 Cons. ,Laws
Art. 16~Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (]j~) (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 ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that a one ear
be allowed ~o be buff% ~n
(Continue on other side)
REASON FOR APPEAL
Continued
]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
seryH~RDSMIPbecause the e~f~tin~ heu~e fs ~e~ clese ¢~ the high
2. The hordshipcreatedis UNIQUEond isn~shared by ail prope~ies ali~ in the immediate
vicinity of this properW and in this use district because ~any of ~he h~es ~ tht~
vicinity are sec eloper ~o the =cad and have roo~ to place ~hel~
3. The Variance would observe the ~irit of the O~inance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because Th~ze e~e mmny heme~ ~n the ~e~ that
~ranting this appeal.
STATE OF NEWYORK )
Signature
Sworn to this ............. ./.~-......C ................. day of...
Notary Publi~ .~