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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~ .~