HomeMy WebLinkAbout1479 TOWN OF SOUTHOLD, NEW YORK. DATE ..D.e...c......9., 1971
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1479 Dated November 8, 1971
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Mary Hallock OlDonovan Appellant
405 C Heritage Village
Southbury, Connecticut
at a meeting of the Zoning Board of Appeals on December 9, 1971 the appeal
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
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 Building Inspector ( ) be reversed ( ) be
confirmed because 8315 P.M. (E.S.T.), upon application of Mary Hallock
O'Donovan, 405 C Heritage Village, Southbury, Connecticut, for
approval of access over private right-of-way in accordance with
the State of ,New York Town Law, Section 280A. Location of
propertys south side of private right-of-way, Pvt. Road # 17,
Mattituck, New York, bounded north by-private right-of-way, Pvt.
Road # 179 east by George Lascelle, south by Great Peconic Bay,
west by T. Carpenter. Fee paid $5.00.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary
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) (would not)
change the character of the district because
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.
SEE REVERSE
—J
ZONING BOARD OF APPEALS
FORM ZB4 ,/G
L(f- } iar joile McDermott, Secretary
Southold Town Board of Appeals
After investigation and inspection the Board 'finds that
applicant requests approval of access over private right-of-way
on property located south side of private right-of-way; Pvt.
Road # 17, Mattituck, New York. The Board finds that applicant
possesses a long, narrow lot which can be divided under the
present Ordinance into two parcels which will satisfy the square
footage requirements of the present Zoning Ordinance. The lot
Is approximately 310 ft. x 44* ft- to a private right of way to
the north and slightly wider at the point of division, as described
in the sketch, so as to create two lots of 14,000 sq. ft. each.
The Board finds that strict application of the Ordinance will
produce practical difficulties o�r,,�nnecessary hardship; the hard-
ship created is unique and wouldf a shared by all properties alike
in the immediate vicinity of this property and in the same use
district; and the variance does observe the spirit of the
Ordinance and will not change the cb=agter oX the district.
THEREFORE IT WAS .RESOLVED Mary .Rallock O'Donovan, 405 C
Heritage Village,Southbury, -Connecticut, be GRANTED apprpval of
access over -private right-of-way on property located south side
of private right-of-way, Pvt. Road # 179 Mattituck, New York,
subject to the following condition:
The driveway shall be n0 less than 15 feet in width extending
from the private right-of-way on the north to the newly created
southerly lot running parallel and adjacent to the easterly line
of the property.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse.
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LEGAL NOTICE
LEG.o\L SOTICE
SOTlCE OF HEARINGS
Pursuant to Section 2fi1 of the
Town Law and the provisions of
the amended Building Zone
Ordinance of the 'Town of
Southold. .Suffolk County. New
York. public hearingswiU be held
by the Zoning Board of Appeals of
the Town of Southold. at the Town
Office. Main Road. Southold.
New York. on December 9. 1971
on the following appeals:
8:00 P.M. IE.S.T.). upon ap-
l'lication of Bernard G. " Alice
Featherstonhaugh. Dogwood
Lane. Southold. New York; for a
variance in accordance with the
Zoning Ordinance. Article 111.
Section 303 " Section 307. and
Article X. Section 1oooA. for
permission to divide property
and set Ilff lot with less than.
required area and insu,tficient
sideyard area. LocalIon of
property: southeast corner of
DIlgwood Lane. Southold. New
York. bounded north by Dogwood '
Lane. east by DIlgwood Lane.
south by J.J. Parks. B. Agesta, "
L. Norris. west ~y F. Delaney.
8:15 P.M. (E.S.TJ. upon ap-
plication of Mary Hallock
O'Donovan. 405 C Heritage
Vjllage. Southbury, Connecticut.
for approval of access over
private right-of-way in ac-
cordance with the State of New
York Law. Section 280A. Location
of property: south side of private
right-of-way. Pvt. Road No. 17.
Mattituck, New York. bounded
north by private right-of-way.
Pvt. Road No. t7. east by George
Lascelle, south by Great Peconic
Bay, west by T. Carpenter.
8:30 P.M. (E.S.TJ. upon ap-
plication of Arthur " Barbara
Sloan, P.O. Box 514, Bedford,
New York, for a variance in
accordance with the Zoning
Ordinance, Article Ill, Section
300, Subsection 5 (a 1, for per-
mission to re-in-state use of
two(21 family dwelling as a
non-conforming use. Location of
property: west side of Young's
Avenue Orient, New York,
, .
bounded north by private
right-<>f-way, east by Young's
Avenue, south by E.n. King, west
by E.H. King.
8:45 P.M. (E.S.T.l, upon ap-
plication of Robert A. " Agnes P.
Mensel, 20 Brenner Place,
Demarest, New Jersey, for a
variance in accordance with the
Zoning Ordinance, Article 111,
Section 306, for permission to
'construct new one family
dwelling with insufficient front
yard setback. Location of
property: Cedar Point Drive
East, Lot No. 1I8 on may of Cedar
Beach Park, Southold, New York.
Any person desiring to be heard
on the above applications should
appear at the time and place
specified.
DATED: NOVEMBER 11, 1971
BY ORDER OF THE
SOUTHOLDTOWN
BOARD OF APPEALS
1TD2
COUNTY OF SUFFOLK.
STATE OF NEW YORK.
1
f ss:
J
....... St'.l!l;r:-l;. s:;.... fJ,QJ;'\flB,D............ being duly Sworn.
soys that.. .Iill... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES. a newspaper published at Greenport. in said
county; and that thE' notiC'&. of which the annexed is a printed
copy. has been published in the said Suffolk Weekly Times
once in E'ach week, for . ~n~.. . . . . . . . . . . . . . . . . . . . . .. weeks
suCceSSiVEoly oommencing on the ... .:oec:.Qnd...............
doy of.. P<;l~~.1? .:>...... 19.7.1.
(--Yl""~~. :_=-<--._
~/.i:.,/"~;,~"""""""",,
Sworn to before. me#. is ..S........ 1
'1-.-. /-iC '}.I ---7
doy of . ,-,I,c:c, (':d.,h ..j/'L.. I.. J _ - /
. #? -:. .t,I,-4;4;/!,c.<'.~!.((d:';;.&./
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7'-
NOTICE OF HEARINGS .J
Pursuant to Section 267 of f
Town La wand the provisions t.~
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 Decem-
ber ,9. 1971 on the following
appeals:
8:00 P. M. tESTI. upon appli-
cation af Bernard G. & Alice
Featherstanhaugh. Dog woo d
Lane, Southold, New York, tor
a variance in accordance with
the Zoning Ordinance. Article
III, Section 303 & Section 307.
and Article X, Section 10OOA, tor
permisSion to divide property and
set off lot with less than re-
quired area and insufficient side.
yard area. Location of property:
southeast corner of Dogwood
Lane. Southold, New York.
bounded north by Dogwood Lane,
east by Dogwood Lane, south by
J. J. Parks, B. Agesta. & L Norris,
west by F. Delaney.
8:15 P. M. (EST), upon appli-
cation of Mary Hallock, O'Dono-
van, 405 C Heritage ViJlage.
Southbury, Connecticut. for ap-
proval of access over private
right-ot-way in accordance with
the State of New York Law,
Section 280A. Loca tton of prop.
erty: south side of private right-
of.way, Pvt. Road No. 17, Matti-
tuck. New York, bounded north
by private right-at-way, Pvt.
Road No. 17. east by George Las.
celle, south by Great Peeonic
Bay. west by T. Carpenter.
8:30 P. M. (EST~, upon appli-
cation of Art.hur & Barbara
Sloan, P. O. Box 514, Bedford.
New York. for a variance in ac-
cordance with the Zoning Ordi-
nance. Article III, Section 300,
Subsection 5 (a), for permission
to re.in.state use of two (2)
family dwelling as a non-con.
forming use. Location of prcp-
erty: west side of Young's Ave-
nue. Orient, New York, bounded
north by prtvate rtght.of-way,
east by Young's Avenue, south by
E. H. King, west by E. H. King.
8:45 P. M. (EST), upon appli-
cation of Robert A. & Agne.,:; P.
Mensel, 20 Brenner Place, Oema.
rest. New Jersey, for a variance
in accordance with the Zoning
Ordinance, Article In, section
306, for permi~sion to construct
new one family dwelling. with
insufficient front yard setback.
Loea tion of property: Cedar
Point Drive East. Lot No. 88 on
map of Cedar Beach Park, S: luth-
old. New York.
Any person desiring to be heard
on the above applications should
appear at the time and place
specified.
DATED: NOVEMBER 11, 1971
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
COUNTY OF SUFFOLK
STATE OF NEW YORK
} ss:
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 South old, in Suffolk County; and that
the notice of which the annexed is a printed copy, has been
published in said Long Island Traveler-Mattituck Watch-
man once each week for ,..C~..//)..... week/
C+Yz-c.f.
successively, commencing on the .....,..........0$...........,........".,
oo,o,~~*~
7Ic
Sworn to before me this ........~......... day of
.....)D~......., 19..7/
.a~J~m
f!:ELE PAYNE
N():a~';, rl" (! r.Jt~'N Yorl?
.-' ~'U II ty
Ccrn:-:"ss l"l u; ~ ;.:cl':h 30, 197 ,3
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~dJ-3n1 'tOWN OF SOUTHOLD, NEW YORK ./ju_ .~jjf rJJ
I l/71
APPEAL FROM DECISION OF BUILDING INSPECTOR !, APPEAL NO.
TO THE ZONING BOARD OF APPEALS, TOWN OFSOUTHOLD, N. V.'
~4AB WSIa ,.d.,_II",...~,._I..!031
1, (We) ............,. ........... ...,......... .....................,........ of ....... ......... ..,.. ..'I... .....,.........,.... ..tl,..... ......... ..... ...,,1
Name of Appellant Street and Number
~~...~.:~...~~_......~.,:f.~HEREaY APPEAL
SO'U.",,' ,. '....,......, Munidpal ty State
'._.'itl.nt .~
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUilDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED ..........10.o.J...K....1.q1.,)........
4,iWHEREBY THE BUILDING INSPECTOR DENIED TO
.................................................................................
, Name of Applicant for permit
of
u..-...iI........................'................................................................,........,............................
Street and Number Municipality' State
( ) PERMIT TO USE
( ) PERMIT FOR OCC'UPANCV
(I:) Ajl_valet ,AtM.
l. LOCATION OFTHE PROPERTY _~_...~.."..~,~..t...~~t...~~..~~~~.
Street Use District on Zoning Mop
...................'.............................'....................................
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinal1~ber.~-i:ot quote the O:dinance.)
.l~ :r~AA- ~~ ?-.2S0/l..
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Qrdinanceor Zoning Map
(X) 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 .........................................,.....,...............:.......
REASON FOR APPEAL;
OC) A Variance to Section 280A Subsection 3
( ) A Variance" to the Zoning Ordinance
( )
. '.... . t .dif th . th t .$.,,!~~.__fO..e .... ":.:t=~
.~,c~eqtsei_; .r~asona.".--",..""-"'.~...'h.t/m ...'...' ..,. 14..... .'....c~.
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Form ZBl (Continue on other side)
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STRIC"fAPPLlCATION OF THE ORDINANCE would produce practical difficulties'or unnece.s-
~aryHARDSHIPbecause " d...~J.o.ti11.~ it 1. ..,81:' .s" a
wi4_. It.. ..,llt ... I.~' _.-d1~1.'.;.
2. The hardship created, is UNIQUE and is not shared by all properties, alike in tbeil11l11ediate
.Yiina..oi.i~r~y,.a~i'iiJihiS..edi_t,....~ecquse .",Uoaa' ~I,."'.'...~ W~
0, .,.U"... . " " . I.,.. , . .....' '......,. fttJ two _>>R81tft ,...J.~.
-..-
3. The Variance would .observe the spiritofth~ Ordinanc~andWOU.~DN91:CHANGE THE
(HA~CrER~THEDISl<1:~CT-gecause .-~ ..~ .~~<.M~~"
.. ,..., '. .....,';11.I....81.. NY. tn...'.~. ..
STATE OF NEW YORK ) .....~~.....
Su,flc1k) ss
COUNTY OF ) . ,... ' Signature.... "
$I. I'OV_"~ 71
Swom to this ...~.........~.. ................... doy of........................................................ 19 .
fluv r~ fl >!Q.A"y "'N."MANN
J ~.Ii .it( ~UDjI P!r> " ~
.. . . .. ..... '.. ." . ...... ....................., """', Sl'ate f N
Notary Public @ .:~{I. 52-690:55;0 1!1W' YCi'K
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LAW OFFICE;:S
WICKHAM, ~ & LARK
WILLIAM WICKHAM
~
MATTITUCK, LONG ISLAND
NEW YORK 11952
RICHARD F. LARK
SI6-2Si1S-8353
December 24th, 1971
Board of Appeals
Southold Town
Southold, New York 11971
Re: ~licat~on of Mary Hallock O'Donovan
Gentlemen:
I enclose two prints of Mrs. O'Donovan's property at
Mattituck in accordance with your requirements at the
hearing on December 9th, 1971.
I would also like to order a copy of the minutes of
that hearing, and upon your advice as to charges,I shall
be glad to forward a check.
WW/wh
Encls.
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