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Home My WebLink About1254 ~Appe~ No. 1254 TOW~OFSOUTHOLD,~EW YORK ACTION OF THE ZONI~GBOA]~D OF APPEALS ~f 1970 Dated J~e mo, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Lloyd Hamilton Love Lane Mattituck, New York Julv 0 1970 DATE ..............~.....~. , Appellant at a meeting of the Zoning Board of Appeals on July 30, 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 ( ) 1970 the appeal 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 8:00 P.N. (E.~.T.), upon ap21icatiou of Lloyd Ha~ilton, Love Lane, i.is. ttituck, New York, for a variance i~ accordance with the Zoning Ordinance, Article II!, Section 303, and Article Section 1000~, for permission to divide property and sell o£f existing cottages on lots with less than 100 ft. frontage and less than 12,~00 sq. feet of area. Location of property: north east corner of Bailie Beach Road, Mattituck, New York, bounded north by Catullo-Allen, east by Catullo-Little, south by Bailie Beach Road, west by Bailte Beach Road. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because EEE RE~ E~SE difficulties 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 REVER~E (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. SEE RE~ER SE ZONING BOARD OF APPEALS Mar~or~e NcDermott, Secretary Southold Toga Board of Appeals After investigation and inspection the Board finds that this project was established prior to zoning, approximately 19~0, ~nd consists of nine frame cottages with a single common area, which have been leased by Lloyd Hamilton to various tenants over the last 20 years. M~. Hamilton now proposes to sell each of these nine Frame cottages and give to each of the buyers the right of use of a common area for recreational purposes. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would be 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 character of the neighborhood. THEREFORE, IT WAS RESOLVED Lloyd Hamilton, Love Lane, Mattituck, New York, be GR~TED permission to divide property and sell off existing cottages on property located northeast corner of Baflie Beach Road, Mattituch,~Mew York, with the following conditions: 1. The proposed owners shall be formed into a corporation to maintain the common area. 2. It is suggested that membership corpo~ation should be in a position to cover costs of maintenance and taxes. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grlgonis. Legal Notice Page --4--0 O Correction - 8:00 PoMo (EoD. SoT.)t upon application of Mary Bollman, Truman Path, East Marion, New ¥orkt for a variance in accordance with the Zoning Ordinance~ Article III~ Section 303~ and Article Xs Section 1000A, for permission to build new one family dwelling with less than 100 ft. frontageo Location of property: south side of Truman Path~ East Marion~ New York, bounded north by Truman Path~ east by Earle Vail, south by Gardiners Bay~ west by Wo Bollman~ Additions - 9:00 PoMo (EoDoSoTo), upon application of Henry Williams~ Mechanic Street~ Southolde~ New York~ for a special exception in accordance with the Zoning Ordinance, Article III~ Section 300~ Subsection 5 (a), for permission to extend use of two family dwelling as a non-conforming use~ Location of property: east side of Mechanic Street~ Southold~ New York~ bounded north by Douglas Cummings~ east by Mechanic Street, south by DoTo Smith, west by P. Bridge. 9:15 P°Mo (EoDoSoTo), upon application of Lloyd Hamilton~ Love Lane~ Mattituck~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 303~ and Article X, Section 1000A~ for permission to divide property and sell off existing cottages on lots with less than 100 fto frontage and less than 12~500 sqo feet of areao Location of property: north east corner of Bailie Beach Road~ Mattituck~ New York~ bounded north by Catullo-Allen~ east by Catullo-Little, south by Bailie Beach Road~ west by Bailie Beach Road. NOTICE OF HEARINGS Pursuant to Section 267 of the TOWn Law and the provisions of the amended Building Zone Ordinance of the Town of ~outhold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of South- old: at the Town Office. Main Road, Southold, New York, on July 9, 1970 on the following appeals: 7:30 P. M. (EDST), upon ap- plication of Abe Goldrich, East Broadway, Woodmere, New York. for a variance in accprdance with the Zoning Ordinance. Ar- ticle III. Section 303. and Ar- ticle X. Section 1000A~ for per- mission to build new one family dwelling with less than 100 fi. frontage. Location of property; east side of Bay Shore Road. Subdivision Map of Peconic Bay Estates, Amended Map A. Lot Nos. 14 and 15, Oreenport. New York. '/:40 P. M. (I/DST), upon ap- plication of George W. Smith & ' Sons, Southold, New York, for a variance in accordance with the Zoning Ordinance. Alticle III, Section 30?, for permission to construct addition ~o existing dwelling with insufficient side- yar/~ area. Location of property: east side of Mailler Court, Sub- division Map of Smithfield Park, Lot No. 20, Southold, New York. 8:00 P. M. (EDS~), upon ap- plication of Mary Bollman. Tru- man Path, East Marion, New York, for a varianc~ in accord- anee with the Zoning Ordinance, Article III, Section 303, and Ar- ticle X, Section 1000A. for per- mission to build new one family dwelling with less than 100 ft. frontage. Location of property: south side of Truman Path, East Marion, New York, bounded north by Truman Path. east by Earle Vail, south by Gal'diners Bay, west by W Bollman. 8:30 P. M. (EDST). upon ap- plication of Ralph T. Preston, Inc., Oreenport, New York, for a variance in accordance with the Zoning Ordinance, Article 1'II, Section 300, for permission to use lot for storage of build- in~ materials, etc. Location of property: east side of Manhan- set Avenue, Greenport, New York, bounded north by Ster- ling Cemetery, east by Barbara Dow, south by Saint Agnes Cemetery, west by Manhanset 8:45 P. M. (El)ST), upon ap- plication of Virginia E. Fulcher, ? Harless Place, West Hemp- in accordance with the Zoning Ordinance, Azticle HI, Section 303, and Article X, Section I~00A, for permission to set off lot with le~s than 100 ft. frontage. Lo- off south side of Peconic Bay Blvd., Suddivision Map of Edge- mere Park, Map No. '/42, part of lot No. 14, Laurel, Hew York. 9:00 P. M. (EDST), upon ap- plication of Henry Williams, Mechanic Street, Southold, New York, for a special exception in accordance with the Zoning Ordinance. Article IlL Section 300, Subsection 5 (a), for per- family dwelling as a non-con- forming use. Location of prop- erty: eaS~ side of Mechanic ~reet, Southold, New York, bounded north by Douglas Cum- mings, east by Mechanic Street, south by D T Smith, west by P Bridge. 9:15 P. M. (EDST), upon ap- plication of Lloyd H~railton. Love Lane, Mattituck, New York, the Zoning Ordinance, Article ITI, Section 303. and Article X, Section 10~A, for permission to divide property and sell off isting cottages on lots with less than 100 ft. frontage and less thanA2~0 sq. feet of area. Lo- cation of property: north east corner of Bailie Beach Road. Mattituck, New York, bounded north by Catullo-Allen, east by Cainllo-L~ttle, south by ~Bailie Beach Road, west by Bailie Beach Road. COUNTY OF SUFFOLK / STATE OF NEW YORKj~ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, o public news- paper p~inted at Southold, 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 / ' .... *.~.~..,-. ~.~..~;....~......~, ....... wegk~/ successively, commencing on the ............ '.~..).~: ............ .... ............................ Sworn to before me this ...... ~-¢~.~d.... day · .......... of Notary Public / 9:30 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. 1311; upon application of Joseph 'D. Zaiser, ~VIill Creek Drive, South- old, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subecction 6, for permission to locate Carl~ort (accessory use) In front yard area.' Location of property: east side of Mill Creek Drive, Southold, New York. bounded north by Wm. J. Miller, east by Mill Creek. south by P. Forestleri, west by Mill Creek Drive. Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: JUNE 18, 1970 BY ORDER O1~ THE SOUTHOLD TOWH LEGAL NOTICE LEGAL NOTICE N'~-~ '~ f Hearings Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the~Town of Southeld, So[folk Cuam'y, New York, public~arings will be held by the Zming Board of Appeals of the Town of Sontheld, at the Town New York, m July 9, 1~70 on the fellowing appeals: 7:30 P.M.~ (I~..D.S.T.), upon applicati~ o~be ~oidri~h, ~ast Broadway, Woodmere, New · York, for a var~n~e m ae- ~macce, ~'t]ele llL Scct~on-~0~ ami Article X, Sectio~ 1000A, for pern~m to build new one family dwdling with less than 100 ft. frontage. LueatiOn of ir~erty: east side of Bay S~ore COUNTY OF SUFFOLK, ] STAT~ OF NEW YORi~, ~ ss: ...~c~,~,'~...~..~ ~ ~ ~ .... ~ing duly Sworn. says that . .~.. , is Printer and Publisher of fhe SUFFOLK ~EEKLY TIMES, a news~per pub~sh~ at Greenport, in said county; and ~hat the notice, of which the annexed is ~ printed ~py, has ~en published in the ~d Suffolk Week~ Times once in each week, ~or ....... ~ .............. week~ successively commencing on ~e .... ~ .~. R~d, Subdivision Map of ~.~.~...'~.~.'~).~. P~e Bay ~, ~m~d ~p A, ~ No.'s 14 & 15, ...-~.~...~,~.~ ...... ~...'~.'...' ...... G~n~, N~ Y~k. O~ER OF T~ ~HO~ 7:~M. (E.D.S.T.). u~n ~ BO~ OF ~PE~ a~m of ~r~ W. S~ & 1TJL3 ~, S~ld, N~ Yo~, for a ~l ~ - / ....... ................ ~ O~me, ~e III, · ...... tion · .............. ~ a~i~ W e~t~ dwelling with i~ufficient sideyard a~a. Location of ~o~: ~st si~ of ~Her ~, S~ ~p ~ Smi~- field Park, Lot lt~. 20, Southold, New York. 8:00 P.M. (E.D.S.T.), upon application of Mary .Boilman. Truman Path, East. Mano.n, New York, for a vanauee m ac- corder, ce with the Zoning Or- dinancc, Article IH, Section 303, and Article X, Section 1000A, for permlesion to build now one family dwelling with less than 100 ft. frontage. Location of property: south side of Truman Path, East Marion, New York, bounded north by Truman Path, east by Earle Vail, south by Gardiuers Bay, we~t by W. Bollman. 8:30 P.M. (E.D.S.T.), upon application of Ralph T. Preston, Inc., Grccnport, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Section 300, for permission to use lot for storage of building materials, etc. Location of property; east side of Manhasset Avenue, Greenport, New York, bounded north by Sterling Cemetery, east by Barbara Dew, south by. Saint Agnes Cemetery, west by Manhaset Avenue. 8:45 P.M. (E.D.S.T.), upon application of Virginia E. Fnicher, 7 Hatless Place, West Hempstead, New York, for a variance in accordance with the Zoning ordinance, Article III, Section 303, and Article X, Sec- tlon 1000A, for permission to set off lot with less than 100 ft. frontage. Location of property: Private mad off South side of Pcconic Bay Blvd., Subdivision Map of Edgemere Park, Map No. 742, pert of lot No. 14, Laurel, New York. 9:00 P.M. (E.D.S.T.), upon application of Henry williams, Mechanic Street, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article HI, Section 300, Subsection $ (a), for per- mission to extend use of two family dwelling as a non- conforming use. Location of Street, Southoid, New York, bounded north by Douglas Cummings, east by Mechanic Street, south by D.T. Smith, west 9:15 P.M. (E.D.S.T.), upon application of Lloyd Hamilton, for a varia~e in accordance with Section 303, and Article X, SOc- tion 1000A, for permission to existing cot tages on lots with leas than 10o ft. fruatage and less than New York, bounded north by Little, south by Bailie Beach Road, west by Baitie Beach Road. ~ the Town Law, of the State of New York, on the Board's ~li~ $, loc Permission to locate carporl (accessory use) · area. ia~ab----m ~ront yar~ side r ,,,..~.~ t~ grOperty: east o,~ rafll Creek Drive, Soufihold, New York, bounded north by Wm. J. t~l/er, east by Mil/ Creek, south by p Forestteri, we~t by Mi/l Cree~ Drive. Any person desiring to be heard on the aboVtheapplica~ons shou/d appear at tinfe and place specified. DATED: ,JUNE 18, 1970, BY tag, ~)~~ ~7.~~ TOWN OF $OUTHOLD, HEW YORK APPEAL FROM DECISION OF BU"LDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y~ ..... ~ Llo~..d. Hamilton of ..................... LQ.~.~..~,33e...., ........ ~ .................. Nome of Appellant Street end Number ' : Mat~ituc~ . ....... ~.,..Y..;. .......... HEREBy APPEAL TO Municipality State · THE. ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING iNSPECTOR ON : ' on seperate ~lots-~ ~ q APPLICATION FOR PERMIT ~t~O. s.e..$...~.~.~ ¢..O"~t~geSDATED ................ : ........... .J. m3e...2~.~...l.970 WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .............. ~a.tt.t~.t~ck ....... N..Y. ............................................................................ Street and Number Municipality State ( ) PERMIT TO USE S~ ft area ( ) PERMIT FOR OCCUPANCY 100 ft frent & 12,500 (X) Sell lndivi~3al cottages from a bm~galow eolony~ lots of less than i. LOCATION OF THE PROPERTY .... E~s¢:.&...No~.~h.,..,~.$.lle...~a~h..-R~. ......... !.~A."...~ist Street Use District on Zoning Map · 'Hamilt~..ce.tta.~e~- ................ ~ ...... ] ...... ~attituck N.Y. M~p No. ,* - Lot No. 2. PROVISION (S) OF THE ZONING ORDINANC[ APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Art III section 303 & Art X, setion t~OOOA 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lace Of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPC~L A previous appeal ::~;:~k(hos 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 ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) is requested for the reason that, T am Cl:i. scon¢int~.]/§ my ¢~tta. ge 'rental ]:)~siness at the end of this present season and propose to sell the cottages to some of my regular tennats, each to have ownership and mse in common ef the recreation area which will in effect increase the area ef each lot. ~onn ZB! (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sam HARDSHIP becauml This cottage colony was built in 19%0, prior to the zoning ordinance and has been under the same ownership and management since. Many of the same tennants have been coming back ywar af%e~ year and the buildings have been kept in the best of condition. It is proposed to sell the individual cottages as laid out on a maN by Alden Foung dated ~ay 20 1970, each let owner to own part of the recreation area as show~, thus increasing his total area of his holdi' 2. The hardship created Js UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this pr~erty and in this use district b~ause ~ This cottage colony was b~ild prior to the zoning ordinancet and was at one time tied :b~to other lands and cottages owned by this owner, and the other part has been sold off leaving the o~ly cottage colony in this area, as show~ on the map by Alden Young May 20, 1970. 3. The Variance would obsewe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT b~au~ All of the cottages ezist at the present time, the only difference will be that they will be in seperate and single ownership and there will be no additiomal~ buildings added. STATE OF NEW YORK ) ) COUNTY OF ~1,1~fo].~ ) SS Signature Sworn to this ....................... 2~ .................. day of ....................... J.l~le ........................ 19 ~0 Notary ub ~c /~ ~ILDRED CHAPMAN NOTARY PUBLIC, State of New York Nm 52-0618100 Suffolk CountY Commission Expires March 30, 19_~.~ TOWN OF SOUTHOLD BUll,DING D~PARTMI~NT TOWN CL]~RK'S OFFIC't:' SO~"~.-~OLD, N. NOTICE OF DISAPPROVA~ File No ................................................................. Date .................................. -~.~... ~. ................ 19~, ...?'.) TAKE N TI E th t r ~ d ~ ~ ~0 for permit to ctxz~at ~..~..~.. at the premises located at ~.~. ~.~ . · ~ .~ ~ ~ ~ ~ ............ ...~.~ .................................................... ~,,~l~ - Building Inspe formefly Lot ido¢iIt°~ 105.~- coftOge "LOt 9" RIGHT OF WAY Lot 87.4 " Lof 4 ./ 49.05' "LOt ,%, 800' ?Ut~VEY FOF~ .LOYD H,4MIL TON dATTITUCK -OWN OF $OUTHOLD ~UFF CO., I~ ~ :C~LE: I "= ~0' 20, 1~70 COURSES ANC C/STANCES OF CENTER LINE OFRIGHTS OF WAYARE SHOV~'N ON A MAP ENTITLEC "SURVEY FOR LLOYD HA~41LTON" DATED MAY21, 1970