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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1335 Dated April 29, 1970
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To EdWin Donlin
Town Harbor Ro~d
Southold', New York
DATE .May._14,. 1970
Appellant
at a meeting of the Zoning Board of Appeals on May 14, 1970
was considered and the action indicated below was taken on your
(X) 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
l. SPECIAL EXCEPTION. By res~ution of the Board it was determined that a ~pecial exception ( ) be
gra~ed ( ) ~ denied pursuant to ~ticle .................... Section .................... Subsection .................... paragraph
...... ~ ............. ~ the Zoning Ordinance and the decision of the Building I~peetor, ( ) be reversed ( ) be
confirmed b~ause 9:00 P.M. (E.D.S.T.), upon appXication of EdWin
Donlin, Town Harbor Road, Southold,'New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section'304,
for permission to construct addition to existing dWelling with
insufficient front yard setback. Location of property: east
'side of Town Harbor Road, Southold, New York, bounded north by
J. Munch, east by F. Daly, south by private road, west by
Harbor Road.
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
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 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
' , '-!' ~ ~ ' ~-~O, NING BOARD OF APPEALS
$outhold Town Board of Appeals
After investigation and inspection the Board finds that the
applicant requests permission to construct addition to existing
dwelling with insufficient front yard setback. The Board finds
that the applicant is the owner of a lot and a half, but the
half lot was purchased after the original dwelling Was built.
The Board finds that this addition will front on a private
right-of-way which will not be travelled as a regular street.
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 district and will observe the spirit of
the Ordinance.
THEREFORE, IT WAS RESOLVED Edwin Donlin, Town Harbor Road,
Southold, New York, be GRANTED permission to construct addition
to existing dwelling with in~u~fkcke~t' fko~t yard setback as
applied for on pr0pe~ty locate~ at east ~ide of Town Harbo~
Ro~d, Southold,'New York.
Vote of the Board: Ayes:-~es~rs: G~!lispie, Bergen, Grigonis,
Hulse, Doyen.
LEGAL NOTICE
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 Southnid, at the Town
Office, Main Road, Southold,
New York, on May 14, 1970 on the
following appeals:
7:30 P.M. (E.D.S.T.), ~upon-
application of Clifford & Edwina
Tyler, Schoolhouse Road, Cut-
Hills, Lot Nos. 2 & 3, Cutcho~ue,
New York.
$:00 P.M. (E.D.S.T.), upon
application of Carl J. and Ama
M. D!Antonio. 140 Gle~nfariff
Road, Massapequa Park, New
York, for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 305,
for permission to build a new one
family dwelling with insufficient
frontyard setback. Location of
property: west side of Kenny's
Road, Southdld, New York,
bounded north by T. Tierney, east
by Kenny's Road, South by Edw.
Maidel, west by Great Pond.
8:15 P.M. (E.D.S.T.), upon
application of Douglas M.
Robertson, 455 North View Drive,
Brown's Hill Estates, Orient,
New York, for a variance in
accordance with the Zoning
Ordinance, Article I11, Section
303, and Article X, Section 1000A,
for permission to build new one
family dwelling with insufficient
area. Location of property: south
side of South View Drive, Orient,
New York, bounded north by
South View Drive, east by J.S.
Johnson, south by J. Druskoski,
west by F. Bondarchuek.
8:30 P.M. (E.D.S.T.), upon
application of Frederick E. Kreh,
Mary's Road, Mattitack, New
York, for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 303,
and Article X, Section 1000A, for
permission to divide property
and set off lots with insufficient
frontage. Location of property:
north side of Middle Road~ Map of
Mattituck Heights, Lot Nos. 6~ 7,
& 8, Mattituck, New York.
8:45 P.M. (E.D.S.T.), upon
application of John Matrick,
Middle Road, Cutchogue, New
York, for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 303,
for permission to construct ad-
dition to existing dwelling with
insufficient sideyard area.
Location of property: north side
of Middle Road, Cutchogue, New
York, bounded north by Mat-
wieczyk, eas[ by Matwieczyk,
south by Middle Road, west by
Machinchick.
9:00 P.M. (E.D.S.T.), upon
application of Edwin Donlin,
Town Harbor Road, Southold,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III, Section
304, for permission to construct~
addition to existing, dwelling with
insufficient front yard setback.
Location of property: east side of
Town Harbor Road, Southold,
New York, bounded north by J~
Munch, east by F. Daly Jr., south
by private read;west by Town
Harbor Road.
P.M. (E.D.S.T.), Pursuant
to ~-ctinn 267, Subdivision 6 of the
Town Law, of the State of New
York, on the Board's motion, a
rehearing on Appeal-'No. 1304;
upon application of Scverius
Lambros, 24 Ellington Drive,
East Northport, New York, for a
variance in accordance with the
Zoning Ordinance; Article III,
Section 305, for permission to
build new one family dwelling
with reduced front yard setback.
Location of property: north side
of Ruth Road, Mattituck, New
York, bounded north by Lois 1.89
chngue, New York, for a special ~ & 190 of Capt, Kidd Estates, east
exception in accordance with the
Zoning Ordinance, Article III,
Section 300, Subsection 10, for
permission to erect an off
premises directional sign on land
of John P. Krupzki. Location of
property: north west corner of
Middle Read (CR27) and Depot
Lane, Cutchngue, New York,
bounded north by other land of
John P. Krupzki, east by Depot
Lane, south by Middle Road
(CR27), west by Alex iaresze~.
7:40 P.M. (E.D.S.T.), upon
application of Gregory Dawson,
54 West 16 Street, New York City,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III, Section
304, and Article 111, Section 305,
for permission to build new one
family dwelling with insufficient
frontyard setback setback.
Lodation of property: north side
of Glenn Court, Map of Birch
by Basis, south by Ruth Road,
west by J. Murphy.
Any person desiring to be heard
on the above applications should
appear at the time and place
specified.
DATED: APRIL 23, 1970, BY
ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS.
1TMy8
day of ..
~UFFOLK. ]
:W YORK. ] ss:
.~...~.,.~ .~....~-~.. ...... being duly Sworn,
~.., is Printer and Publisher of the SUFFOLK
ES. a newspaper published ot Greenport. in said
ut the notice, of which the annexed is ~ printed
published in the said Suffolk Weekly Times
~eek, for d- r~c~ week~
on ~e .... .~.~.- ~].~ · .ftc-.: ............
~mmencing
~)TICE OF HEARINGS
l~ursuant to Section 207 of the ~
Town L~W and the provisions of
the amended Buildln~ Zone Ordl- i
na~ce of the Town of Southold, ~,
Suffolk County, Rew York, pubYc i
heacir~s will be held by the Zon- i
ing Board of Appeals of the Town
of Southold, at the Town Office,:
Main Road, Southold, New York,
on May 14, 1970 on the following
appeals:
~/:30 P. M. (EDST), upon appli- !
cation of Clifford & Edwina
Tyler, Schoolhouse Road, Cut-~
chogue, New York, fc~ a special
exception in accordance with the !
Zoning Ordinance, Article III,
Sect/on 300, Sub~ection 10, for
permission to erect an off prem-
ises directional sign on land of
John P. Ig. rupski. Location of
property: north west corner of
Middle Road (CR 27) and Depot
Lane, Cutchogue, New York,
bounded north by other land of
John P. Krupski, east by Depot
Lane, ~outh by Middle Road~
(CE 27), west by Alex Mareszek,
7:40 P. M. (EDST), upon appli- !
cation of Gregory Dawson, 54
West 16 Street, New York City,
New York, for a variance in ac-
cordance with the Zoning Ordi-
nance, Article III, Section 304,
.and A~ticle III, Section 305, for
permission to build new one
family dwelling with insufficient
irontyard ~etback setback. Loca-~
tion of property: north side of
Glenn Court, Map of Birch Hills,
Lot Nos. :~ & 3, Cutehogue, New
York.
8:00 P. ~Vi. (EDST/, upon appli-
cation of Carl J. and Ama M.
IYAntonio, 140 Glenfariff Road,
Mas~epequa Park, New York, for
a variance in accordance with
the Zoning Ordinance, Article
III, Section 205, for permission to
build new one family dwelling
with insufficient frontyard set-
back. Location of property: wast
side of Henney's Road, Seuthold,
New York, bounded north by T.
Tierney, east by Kenney's Road,
South by Edw. Maidel, west by
Great Pond.
8:15 P. M. /EDSTI, upon appli-
cat/sn of Douglas M. Robertson,
4~ North View Drive, Brown's
Hill Estates, Orient, New York,
for variance in accordanqe ~vith
the Zoning Ordinance, Article
HI, Section 303, and Article X,
Section 1000A, for portal,si,on to
build new one family dwelling
with insufficient area. Location
of property: south side of Sou~h
View Drive, Odent~ New york,
bounded north by South View
Drive, east by J. S. Jolmson,
south by J. Draskoski, west by i=.
Bondarchuck,
8:30 P. M_ (EDST), upon appli-
cation of Frederick E. Krei~
Mary's Road, Matt/tuck, New
York, for a variance in accord-
anco With the Zoning Ordinance,
Article ZII, Section 803, and Ar-
ticle X, Section 1000A, for per-
mission to divide property and
set off lots with insufficient
frontage. Location of p~roperty:
north s/d~ Of Middle Road,
'of Mattituck Heights, ~ot Nos.
6, 7, & 8, Mattitucl~ New York.
8:45 P. M. (EDST), upon appli-
cation of John Matrick, Middle
Road, Cutchogue, New York, for
:a variance in accordance with
!the Zoning Ordinance, Article
'IIi, Section 303, for permission
to construct addition to existing
dwelling with insufficient side-
yard area. Location of prop-
erty: north side of Middle
Road, Cutchogue, New York,
bounded north by Matwieczyk,
east by Matwieczyk, south by
Middle Road, west by Machin-
chick,
9:00 P. M. (EDST), upon appli-
cation of Edwin Donlin, Town
Harbor Road, Southold, New
York, for a variance in accdrd-
ance with the Zoning Ordinance,
Article IH, ~ect/on 304, for per-
mission to construct, addition to
existing dwelling with insufficient
front yard setback. Location of
property: east side of Town Har-
bor Road, Seuthold, New York,
COUNTY OF SUFFOLK /
STATE OF NEW YORK/ ss:
C'~.~~, being duly sworn, soys
thot She is t~e/~ ~tbr, of THE LONG ISLAND
TRAVELER - MATTITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice al' which the onnexed is a printed copy, has been
published in said Long Island Zroveler-Mattituck Watch-
man once each week for '"'~-~d"~'" '~"F/~''z. week~
successively, commencing on the ............. ~ ........ ~ ............
day of ....... ~.. <~'",~ .~,~.. .......... 19...~.~.
........ ............
Sworn to before me this -O~ day of
........ ........ , ,
..................
........
NO. 52 ~8300, S.Roik Co'~,~
}e~n~ Expires Marca 39, i9~
by F. Daly. Jr., south by private
road, west by Town Harbor Road.
9:15 P. M. (EDST), pursuant
to Section 267, Subdivision 6 of
the Town Law, of the 'State of
New York, on the Board's motion,
a rehearing on Appeal No. 1304;
upon application of Severins
~ Lambros, 24 Ellington Drive, East
· Northport, New York, for a vari-
: anco with the Zoning Ordinance,
Art/cie III, Section 305, for per-
mission to build new one family
! dwelling with reduced front yard
setback. Location of property:
i north side of Ruth Road, Matt/-
: tuck, New York, bounded north
by Lots 189 & 190 of Capt. Kidd
Estates, east by Basis, south by
Ruth Road, west by J. Murphy.
Any person desiring to be heard
on the above app]icat/ons should
appear at the time and place
specified.
DATED: APP~IL 23, 1970
BY ORDER OE THE
BOARD OF APPEALS
TOWN OF SOUTHOLD, NEW Y~ORK ......
APPEAL FROM DECISION OF BUILDING INSPECTOR
~TO:THEZONING BOARD' OF'APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEL / $35'
Name of Appella,nt Street and Number
........ :.::: ........ ~.,~,.¢,6~.~.ffw~..;: ' ~.:.~:'.'.?.~ ................ ~: .... :..;i..~.~.Z,.'..'...hE~EBY Ai~I~,L ¢O
Municipality/ Ste~e
THE ZONING B'O,~,Rb Oi~ APPEALS FROM THE' DECISION OF THE BUILD'i~G fiN.SPECTOR ON
APPLICATION FOR P~RMIT NO ............. ,,. .............. , ...... DATED .., ......... ..',~../~.~..~.~;f.L.':,.;...:..--
WHEREBY THE BUILDING INSPECTOR DENIED TO
.... ..............
Name of Applicant for permit
of -Z'_~../~,~e.... ~.,. ....... ...~.......o~..~.v. oz~ .................. ~; .~... ..................
Street and Number /~,)-~ Municipality
PERMIT TO USE
(~)
( ) PERMIT FOR OCCUPANCY
(~ Peew~tT-To ~_~c~_o~
i. LOCALJ-ION OF THE PROISERTY '~"~'~..~/. ~:~, .~...~,.- ................................ ~;~l..!,~...r. fi......T...
Street Use District on Zoning Map
........ ....... ..............................
Map No. Lot No.
2. PROVISION (SI OF THE ZONIN~0RDINANCE APPEl, LED (Indicate the Article Section, Sub-
section and Par~ph of,~the Zoning Ordinance by number. Do not quote the Ordi,nance.)
3. TYPE OF APPEAL Appeal is made herewith for
(~ A VARIANCE to the Zoning Ordin~.nce or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Se~. ~280,~ Subs~ection 3
4. PREVIOUS APPEAL A previous appeal (/~,(ha~ not) been made with respect to this decision
of the Building Inspector or, with respect to this property.
Such appeal was ( ) request for a soecial permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(j~ A Variance to the Zoning Ordinance
is requested'for the reason that
Forn] ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF 'THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because --'~/-~- p~,,~ l.~o~~ /o~_,~,~/~./o,../ y~ ~
vicinity of this property and in this use district because
The hardship created is UNIQUE and is not shared by all properties alike in the immediate
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
,90
~/~ ) ss _ ....
COUN'T~ OF ~"' ~' gl ~ '~i§nature .....................
Sworn to this ............ ..~,...~ ...... ~: ........ day of .............. ~ .............. :).'..L.,.'.;-19 '~,0 '-
Notary Public /
ELiZAB~H ANM NEVILLI~
NOTARY PUBLI~, ~tate o( NeW ¥O~k
No. 52-8125~60~ ~d(fo{k Oo~t~
Term E~ireS ~,(arch ~O, t9~
l~'O~M NO. $
b
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
ORDER TO REMEDY VIOLATION
ToL: d.
(owner or authorized agent of owner)
...... L8..?_.5 ....... ~!.L~.~ ....... ~.~.~..q.~.......L..~.N
(address of owner or authorized agent of owner)
PLEASE TAKE NOTICE there exists a violation of:
Zoning Ordinance ~l..'l l. DI ~.I.~.......~. (..~.[ L.!~ ....... (~!~i~ l...Ik..l l~l .'V C t"-
Other Applicable Laws, Ordinances or Regulations ..........................................
(state character of violation)
violation of (Stat~J~SJ~i~.i~n ~ra/ph '~'?'(;~l~l~ii!~,~'~'law?~ance or r~'ulati~n)
........ 'c....: ................... ................. . ....................................................
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law a~ to remedy the
conditions above mentioned fo~hwith in or before the ........................................... ~..~ ...................
day of ...................
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
j~.~:~....~¥~.r~...,~.A~£,~'.~...Z-B.~...~O.L~.~.(!.~unty of Suffolk, New York.
/
Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law
may constitute an offense punishable by fine or imprisonment or both.
~uilding 'Inspector