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HomeMy WebLinkAbout1696TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1696 Dated November 3, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Rensselaer G. Terry, Esq. a/c Paul J. Burnside 6 Devereux Place, Garden City, N.Y. at a meeting of the Zoning Board of Appeals on November 16, 1972 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 varla~ce to the Zoning Ordinance ( ) DATE N.0.~.,.....i(~., 1972 Appellant the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was detemined that a ~ec~l exception ( ) be granted ( ) be denied p~suant to Article .................... ~ction .................... Sub~ction .................... paragraph .................... of the Zon~g Ordnance and the dec,ion of the Building I~pector ( ) be reversed ( ) be co~med because 8~4~ ~,~, (E.~,T,), ~pon application ,of Rensselaer G. Terry, Esq. a/c Paul J. Burnside, 6 Devereux Place, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, F~ctton 300 0-3, and Section 302, for permission to put accessory building in front yard area. Location o~ property: east side Nassau Point Road, Cutchogue, New York, Lot ~70, Map of Nassau Point Properties. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the O~dinance (would) (would not) produce practical hardship because difficulties or SEE REVER~ (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) 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 SE5 REVERSE '' ' 'f,Ji~! /' ZONING BO ~A~D OF APPEALS ~_~,i ~ ~, ~ / Sol,hold ~o~ Board of Appeals Chairman ~ard 'of Appells ~ After investigation and 'i~spection the Board finds that applicant requests permission to put accessory building (garage) in front yard area of premises located on the east side of Nassau Point Road, Cutchogue, New York. The findings of the Board are that this front yard area was previously used for a shed which was located closer to Nassau Point Road than the garage will be, and that the shed is being removed. 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 Rensselaer G. Terry, Esq. a/c Paul J. Burnside, 6 Devereux Place, Garden City, New York, be GRANTED-permission to put accessory building in front yard area of premises located on the east side of Nassau Point Road, Cutchogue, New York, as applied for, subject to the following conditions: That the proposed three car garage be located at least 150 feet from Nassau Point Road, and 5 feet from the southerly property line adjoining Lot #71. Vote of the Board: Hulse. Ayes~- Messrs; Gillispie, Bergen, Grigonis, 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 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 16, 19.72, on the following appeals: 8:00 P.M., E.S.T., upon application of George Ahlers, Builder, Inc., 250 Cox Lane, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance Article VI, Section 600 C, Subsection 3a for permission to erect an oversize sign. Location of property: east side of Cox Lane, Cutchogue, New York, bounded north by Cox Lane Associates; east by R. Halikias; south by Lewis, Thompson and others; west by Cox Lane. 8:20 P.M., E.S.T., upon application of George Ahlers, Builder, Inc., a/c A.J. Armstrong, Mill Creek Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Iii, Section 300 C-3, and Section 302, for permission to put accessory building in front yard area. Location of property: south side of Mill Creek Drive, Southold, New York, bounded north by Mill Creek Drive; east by R. Muilen; south by Arsham0maque Creek; west by N. Straus. 8:30 P.M., E.S.T., upon application of Otto and Bernice Macomber, Pine Avenue, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than required area and frontage. Location of property: east side Pine Avenue, Southo!d, Legal Notice Page 2 New York, Lots iI through 15 inclusive, Map of GooSe Bay Estates. 8:45 P.M., E.S.T., upon application of Rensselaer G. Terry, a/c Paul J. Burnside, 6 Devereux Place, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-3 and Section 302, for permission to put accessory building in front yard area. Location of property: east side Nassau Point Road, CutchQgue, New York, Lot ~70, Map of Nassau Point Properties. Any person desiring to be heard~on the above applications should appear at the time and place specified. Dated: November 3, 1972 BY ORDER OF THE SOUTHOLD TO~ BOARD OF APPEALS PLEASE PUBLISH ONCE, NOVEMBER 9, 1972, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, FAIN ROAD, SOUTHOLD, NEW YORE. Copies mailed to the following on November 3, 1972: George Ahlers, Builder, Inc. George Ahlers, Builder, Inc. a/c A.J. Armstrong Otto and Bernice Macomber Rensselaer G. Terry, Esq., a/c Paul J. Burnside NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Seuihold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Seuthold, at the Town Office, Main Road, Seuthold, New York, on November 16, 1972, on the following appeals: 8:00 P.M., E.S.T., upon application of George Ahlers, Builder, Inc., 250 Cox Lane, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance Article VI, Section 6OO C, Subsection 3a for permission to erect an oversize sign. Location of property: east side of Cox Lane, Cutchogue, New York, bounded north by Cox Lane Associates; east by R. Halikias; south by Lewis, Thompson and others; west by Cox Lane. 8:20 P.M., E.S.T., upon application of George Ahlers, Builder, Inc., a-c A.J. Armstrong, Mill Creek Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-3, and Section 302, for permission to put accessory building in front yard area. Location of property: south side of Mill Creek Drive, Southold, New York, bounded north by Mill Creek Drive; east by R. Muilen; south by Arshamomaque Creek; west by N. Straus. 8:30 P.M.,. E.S.T., upon application of Otto and Bernice Macomber, Pine Avenue, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than required area and frontage. Location of property: east side Pine Avenue, Seuthold, New York, Lots 11 through 15 inclusive, Map of Goose Bay Estates. 8:45 P.M., E.S.T., upon application of Rensselaer G. Terry, a-c Paul J. Burnside, 6 Devereux Place, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-3 and Section 302, for permission to put accessory building in front yard area. Location of property: east side Nassau Point Road, Cutchogue, New York, Lot No. 70, Map of Nassau Point Properties. Any person desiring to be heard on the above applications should appear at the time and place specified. Dated: November 3, 1972 BY ORDER OF THE SOUTHOLD TOWN ?OLK. I gORK, ~ ss: · Dorian being duly Sworn, is Printer and Publisher of the SUFFOLK z newspaper published ~t Greenporto in said te notice, of which the mmexed is a printed blished in the said Suffolk Weekly Times for ..... o~ ................... weeks BOARD OF APPEALS · _ .....encing on the ninth day of .... .N..~.. ~,b.e.r.. .... .. .... 19.7.2.. Sxvonl to befor~ me/this . ./. ~/ ...... day I N~:A~Y PU~dC Of NEW YORK Resi'mng ,fi Suffolk County CPs F4o. 52 9356350 ~,~y Commission Expires March 30, Pursuant ~o 8egtion 267 of the Town Law and the provisions ol the Amended Building Zone Or- dinance of the Town of Southold Suffolk County, New. York, publi~ Zoning Board of Appea~ of th Town of Southold. at th~ Tow: Office. Main Road, S0uthoh! New York, on November 16. 1977~ on the following appeals: ' 8:00 P M., EST, upon appli- cation al Oeorge Arders, Builder Inc,, 250 Cox Lane, Cutcho!:u~', New York, roi a special exception in accordance %'itlx the Zoning Ordinance Axticle VI, Section 600 C, Subsection 3a for permis- cation of property: east side of Cox La~e. Cutchogue, New York. bounded north by. Cox Lane As- sociates; east by R. H~likJas; south by Lewis, Thompson and others; west by Cox Lane.. 8:20 P. 1~., EST, upon appli- cation of George Ahlers. Builder, Inc.. a/c A, J. Armstrong, Mill Creek Drive, Southold, New York, the Zoning Ordinance, Article III, Section 3~ C-3, and Section 302, for permission to put eessory building in front yard area. Location of property: aouth side of Mill Creek Drive, South- old. New York, bounded north by Mill Creel: Drive; east by R. Mullen; south by Arshamomaque 8:80 P. i~., EST, upon appli- cation of Otto and Bernice Ma- divide property x~ith less than 8:45 P. ~v[.. EST. upon appli- III. Section 300 C-3 and Section sory building in front yard area. Location of property: east side Nassau po~nt Road. Cutchoguc. New York, Lot No. 70. Map of Nassau Point Properties. · Any person desiring to be i~e~rd on the above applications should appear at the time and place specified. ~OUTHOLD TOWN COUNTY OF SUFFOLK STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG iSLAND TRAVELER - MATrlTUCK 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 mroveler-Mottituck Watch- man once each week for ....~,~/./~,....(Z.../.... week~ successively, commencing on the ............... ~ .................... day of , Sworn to before me this ........ . ./..~J.. ....... day of ........ ......... NO. 3 TOWN OF SOUTHOLD BUILDING DEpArRTMENT TOWN CL~:RK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL ..... ~.~.Z~,..~; .................................. .G.?...,,,¢~ , ...... ~ PLEASE TAKE NOTICE that your application dated .............. /.~..~.~....~...t...~...z ..... :; 19 ........ Map ...... Z...:: ...... :.~"..'-,,~.~:4 Block ........................................ Lot .... ~,.~ .................................. is ......................~-~,~,:...~::.::,~ .......................... ¢~ ~.~ .................................................................................. ~_ , , { .......... .............................. Z...~~. ..... .~.~ ....... :.o.~ ........ e..~....~. ...... ~..o..~ .......... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM: DECISION OF BUILDING INSPECTOR TO THE zoNING BOARD OF APPEALS, Town OF SOUTIZIOLD, N. Y. APPEAL NO. ~'~ ?~ DATE ...~....~.......!.~ ~.'~' Name of Appellant Str_eet and Number _ _ Garden City N. Y .......................................................................................................... : .............. HEREBY APPEAL TO Mu n icipo I ity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .......... ./.,/./.-.~./-Z..~.--- ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO PAUL J. BURNSIDE Name of Applidant for permit of 6 Devereux Place Garden City New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit for accessory building in front yard 1. LO~-.ATION OF THE PROPERTy ..E...a..s..t.~.s~..~.d"e.~..N..a...s~s.~u..~..P..~.~.i~.n..t.~.R.~.~.;.~.R.~~..~n~ Street Use District on Zoning Map 156 70 Amended Map A of Agricultural "A" Map No. Lot No. Nassau Point 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. 300 C3 & Sec. 302 3. TYPE OF APPEAL Appeal is made herewith for (X) 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. 1~ Sec. 280A ~ub~ection 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 ...................................................................... ( ) (x) (~ ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that owner desires to construct a 3 car garage ~24' x 36'-at'loCation indicated on attached map, east of the highway and west of the_dwelling house. ~'orn% ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulties orunneces- sary HARDSHIP because applicant considers the house as facing the water and there is not sufficient room between the ho~se and water to place the garage; applicant's property has a depth of about 442 feet, and the p~op0-sed_ location would:substantially conf~rm to the location of other garages in the area. 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 most other garages in the vicinity are situated between the house and Nassau Point Road. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because suah loaation would be in conformity with most other garages in the vicinity and would be a considerable distance from the road and hence would not destroy the ethetic characteristics of the area. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK } Sign, e as Agent for PAUL J, ~~ BURNSIDE Sworn tothis ° day'of ...... ~..e~..~ ............................... 1972 Notary Public FORM~ ~0, ! TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFIGE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Pemit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ...JJ~l.~t~.~ .......................... , 19...7..~. ...... INSTRUCTIONS a. This application must be completely filled in by typewriter or 'n ink ana submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scme. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjmning premises or public streets or areas, and giving a detailed description of layout of property must be drawn on diagram which is part of this application c. The work covered by this application may not be commenced before 'ssuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building inspector. APPLICATION iS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction ot 'buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (Signature of applicant, or name, if a corporation) Hain St:reel:, Soul:hold, N.Y, (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder; ............................................ Ag~n~ ..i~ox ..O.w~,~'~..,FAIIL.-J-,...R.,BI-''RNS-I-DE ................................................................ Name of owner of premises .......................... p.,~ ,,]'.,. ~.~.S~.D...E. .......................... If applicant is a corporate, signature of duly authorized officer. Name and title of corporate officer) 156 70 Location of land on which Droogscd wo.rk.~ill be dolZe..Map f~(~d ................. Lot No .............................................. ~S~ ~&de O~ ~aSsau ~0~ Street and Number ~SSau_~.9~ .................... . ' ' Municipality 2. State existing use and occupancy of premises and intended use and.occupancy of proposed construction: a. Existing use and occupancy ..... 3 'ca'~ ~.a~aE,e- b. Intended use and occupancy ............................................................................................................. , .................... 3. Nature of work (check which aPF;~'able): New B'~il~ing ..... :~. .............. Ad.'~'~.on ..................... Alteration ............... Repair ......................... Removal ......................... Demolition ........................ Other Work .................................... (Description) 4. Estimated Cost ............................................... Fee ................................................................................................. (to be paid on filing this application) 5. If dwelling, number of dwelling units .................Number of dwelling units on each floor ......................................... If garage, number of cars .......... ~ ................................................................................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................................... 7. Dimensions of existing structures, if any: Front ..................... Rear ........................... Depth ................................... Height ........................................................... Number of Stories ............................................................................. Dimensions of same structure with alterations or additions: Front .......................... Rear ......................................... Depth ............................................. Height ......................................... Number of Stories ........................................ 8. Dimensions of entire new construction: Front ......................... Rear ............................ Depth ................................. Height ................................................. Nu'mber of Stories ......................................................................................... 9. Size of lot: Front ......~.~';{~.5 .................. Rear ........ .~)0 ........................... Depth ......... /-4~.;~) ............................. Height .................................................... Number of Stories ...................................................................................... 10. Date of Purchase ...A~L~I::...~gT9- ........ Name of Former Owner ..... I~n"~';"~L~.' ................................... 11. Zone or use district in which premises are situated ........ ~elt~cletlt: ..j:a.~...att~..~8;~,,j:cttl:t:ta~a.~..~.~,~ ................. 12. Does proposed construction violate any zoning law, ordinance or regulation: ............................................................ 13. Will lot be regraded .............................. Will excess fill be removed from premises: [ ] Yes [ ] No 14. Name of Owner of premises -.~p&lj~.-~T.;,..-StlR~S.T~)l~.i...6.-.De~rx~t-d~..u~t,.-~]cace__~,~, ......... Oa-a'dq~..~(~..~r.),, ,,---~ ,,-- ................ 767-5608 Name of Architect ..................................................................................................................................................... (Address) (Phone No.) Name of Contractor ..............~]~..]~]~O~K~ .......... ]~-2.]:0,.~.-7-~.-.~I~..E~.~.~L~ek-~.~..-.;~,.08~.3r2.§ ........... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate al set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate wheth- er ~nterior or corner lot. Contractor, age t, orporate officer, etc.) vf said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in thi~ ~l~ic~ti~_~Kare true to the best of his knowledge and beliet: and that the work will be performed in the manner set forth m the ap~~ ~¢~,~ York ........................... ...... ]/z Notary Public, ..~~~._~ .......... County ............... ~:-~¢ ....... ~:~ .................................... ' /Si~a~ppli&an~) . 4 P,~,L~L d. ~ 'T'OVvN OW ~I.."rH~DLD.