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Home My WebLink About1398 TOWN OF 8OUTHOLD, NEW YORK ACTION OF THE ZONI~IG BOARD OF APPEALS Appeal No. 1398 Dated January 22, 1971 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Rita Young 35 Bayville Road Locust Valley, New York at a meeting of the Zoning Board of Appeals on ~'o~)ruary 11, 1971 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 ( ) Appellant 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 7-*~-5 PoMe (l~e-ete~e), UpOl/ application of ~ta ~oung, 35 BaTville Road, v-eeust Valley, New York, for a variance in aooerdanoe with the Zoning 0x. dinanee,'Artiele l~I, Section 307, for per~issi0n ~;e~att&ch existing dwelling and accessory building with reduced sfde yard area. Location of property: north side of private road located off west side .of Camp ldineola Road~ Mattituck, New York, bounded north by C. E. Allen, east by Ann P. FAtrphy, south bY right-of-way, west by Paul Kelly. Fee paid $5.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by aB properties alike in the immediate vicinity of this property and in the same use district because (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (wo~d n~) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and FORM ZB4 ZONING BOARD OF APPEALS MarJo~ie McDermott, Secretary 8outhold Town Board of Appeals After lnTestigation and inspection the Board finds that the applicant requests permission to attach existing dwelling and accessory building with reduced side yard area on property located north side of private road located off west side of Oam~ Mineola Road, Nattituck, New York. The Board disagrees with the reasoning of the applicant because .the required open space extending along the side lot lines from the front to the rear would be permanently inhibited. The effect would be to create a simgle residence four feet from the side yard on the westerly boundary. The Boa~d finds that strict application of the O~dinance will not produce practical difficulties or unnecessary hardship; the h_~wdship created is not unique and would be shared by all properties alike in the imm~dlate vicinity of this property and in the same use district; and the variance would change the character of the neighborhood and would not observe the spirit of the Ordinance. :Tw~EFO_RE, IT WAS ~ESO. LVED RitalY$u~g~ 35'BA2v.ille Road~ Locust Valley, New York, be DENIED per.missies to attach existing dwelling and aececsory building with reduced side yard a~ea. Location of property: north side of private road located west side of Camp Mlneela Road, Nattituok, New York. Vote of tbs B0a~d: Ayes:- ~essrs: Gillispie, B~rge6, Grig°his. 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 held by the Zoning Board of Appeals of the Town of South~ld, at the Town Office, Main Road, Seuthold, New York, on February 11, 1971 on the following appeals: 7:30 P.M. (E.S.T.), upon ap- plication of James Wasson, Peconic Bay Blvd., Mattituck, -New York, for a variance in accordance 'with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for permission to set off lot with insufficient frontage and area. Location of property; east s de of Riley Avenue, Mattituck, New York, bounded north by S. Bechan, east by J. Zebroski, south by J. Wasson, west by Riley Avenue. 7:45 P.M. (E.S.T.), upon ap- plication of Rita Young. 35 Bayville Road, Locust Valley, N~,w York, for a variance in accordance ~ith the Zoning Ordinance, Article III, Section 307, for permission to attach existing dwelling and accessory building with reduced side yard area~ Lecation of property: north side of private road located off west side of Camp MineOla Road, Mattituck, New York, bounded north by C.E. Allen, east by Ann P. Murphy, south by right-of- way, west by Paul Kelly. 8:0~ P.M. (E.S.T.~'; upon ap- plication-of Catherine K. Philips and Karen C. Eckert, 410 Bay Avenue, Mattituck, New York, for a special exception in ac- cordance with the Zoning Or- dinance, Article III, Section 300, Subsection 5 (a), for permission to reqnstate use of two (2) family dwelling as a non-conforming use. Location of property: west side of Bay Avenue, Mattituck, New York, bounded north by Ernest Wilsberg, east by Bay Avenue, south by J.A. Halleck, west by F. & J. Pumillo. Any person desiring to be heard on the above applications should appear at the time and place specified. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS · DATED: JANUARY 14, 1971 COUNTY OF SUFFOLK. ] STATE OF NEW YORK, ? ss: ... ~ .~i. ' .~_~.....<~..,.~..~.-.~_.. .... being duly Sworn, says that ...~.., is P~inter and Publisher of the SUFFOLK x~VEEKLY TI~ES, a news~per publish~ ~t Gr~nport, in s~d county~ and ~at the noti~, ,of which ~e ~e~ is a print~ ~py, ~s been published in the ~id Suf~Ik Week~ Times once in e~ch w~k, f~ ........ ~ ............ week~ m~c~ssively commencing on ~he ...~ d~ Of .... ~<~~~.[.. . ................ : ............ GTON COR~qN NOTICE OF HEARIN~' Pursuant to Section 267 of the Town L~w and the provisions of the amended Building Zone Ordinance of the Town of South- old, Suffolk County, New York, public hearings will be held by 'the Zoning Board of Appeals of the Town Of' S0uthold, at the Town Office, Main Road, South- old, New York, on February 1I, 1971 on the following appeals: 7:30 P. M. (EST),.upon appli- cation of James Wasson, Peconic ]~ay Blvd., Mattituck, New York. for a variance in accordance with the Zoning Ordinance, Article YII, Section 303, and Article X, Section 1000A, for permission to set off lot with insufficient front- age and area. Location of prop- erty: east side of Riley Avenue, Matti{uck, New York, bounded north by S. Bochan, east by J. Zebroski, south by J. Was.son, west by Riley Avenue. 7:45 P. M., (EST), upon appli- cation of Rlta Young, 35 Bayville Road, Locust Valley, New York. the Zoning Ordinance, Article III, Section 307, for permission to attach existing dwelling and accessory building with reduced erty: north side of private road located off west side of Camp Minsola Road, Mattituck. New York, bounded north by C. E. Allen, east by Ann P. Murphy. south by right-of-way, west by ' Paul Kelly. 8:00 P. M. IESTL upon appli- cation of Catherine K. Phillips and Karen C. Eckert, 410 Bay Avenue, Mattituck, New York. for a special exception in ~c- cordance with the Zoning Ordi- nance, Article III, Section 300, ~ubeection 5 ia), for pormis&lon to re-instate use of two i2) fam- ily dwelling as a non-conforming use. Location of property: west side of Bay Avenue, M~ttituck, New York, bounded north by ~tnest Wilsberg, east by Bay Avenue, south by J. A. Hallock, west by p. & J. Pumillo. Any person desiring to be h~rd on the above apl~lcations should appear at the time and place speclfk, d. DATED: JANUAry 14, 1971 BY ORD~R aP BOAI~D al~ APPEA~.-~ 1T--4 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 - MA'I-I'ITUCK 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 Traveler-Mattituck Watch- man once each week for .... ~...~ ..... wee~/ successively, commencing on the ............... day of ........ Sworn to before me this .......... ./..g.~,E~....., TOWN OF SOUTHOLD BUILDING DEPARTMEI~IT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. IqOTICE OF DISAPPROVAL File No .................................................................. Date ............................... J~-----.., ~.2 ............. 19...7~- To ..~i.~,r~..¥o~ ..................................................... ............ ~'~"" 'B~y~ii~ '"R'oa~t ............................ .............. r~oe~.~ ...V~,.2: ey.....,~. ~ ¥.. ...................... PLEASE T~E NOTICE ~at your application d~ted .................. J~ .......~ .......19...~.]. ~or pemit to const~ct ~al.2~...~.~b~e~ ~ ~~t~ ................................. Map ....... ~ ],~...0.;.D. ;~. ~,...Block ........................................ Lot ................................................ is ~5~~ disapproved on the followin~ grounds '~'~.~a~g'-'~'~.-~e ...... ~xi.s tln~..~c~s s ~.ry...b~i.I~i~:g..~o-~d....l~a~....i~.~,..t~an..r~qu~reff..~i~ya ~ ......... ~rt'"~'~"'~e='"~07 ....................................................................................................................... APPEAL FROM DECISION OF BUILDING INSPECTOR Name of ~p~ellon¢// Street and N6mber Municipality Stq~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING ,NSPECTOR APPLICATION FOR PERMIT NO ...... "-~.~...~...~....'~.......X ..... DATED ......... ~ ~.~ WHEREBY THE BUILDING INS. PE~TOR DENIED Name ~f Applica~ for Der~ o, ........... Street and Num~Ser Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY LOCAT,ON OF T.E / /? Street Use District on Zoning Map ....... ............ Mop No. Lot No. 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the//Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( ~r' 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. 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 Jn Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~t) A Variance to the Zoning Ordinance is requested for the reason that ~ ~ ~ 1~orm (Continue on other side) REASON FOR APPEAL " Continual ]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardshio created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER oF THE DISTRICT because ~-~ J~-~ ~-- ~'~-:~'/~J--~'~-~' STATE OF NEW YORK ) SS COUNTY OE/~2~-~' Sworn to this ~/ /i ..... /'7 x' ....... l.. .................. ~ Signature / ................... 19~/ No. 30~ ~299