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Home My WebLink About1294I' TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALS Appeal No. 1294 Dated October 9, 1969 DATEQ~tQ~.~_23,1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To A. Reilly & Sons a/c Butt E. McConnell Mattituck, New york ~0 weaver Drive West Ami~yville~_ New York at a mooring of the Zoning Board of Appeals on October 23, 1969 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 I. 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 Ordinar~ce and the decision of the, Building InspectOr ( ) be reverse~l ( ) be confirmed because 9:00 PiM. (E.D.S.T.)~'upon application of,A. 'Reilly & Sons, Mattituck, New York, a/c Butt E. McConnell~ 20 Weaver Drive, West Amityville, New York, for a variahce in accordance with the Zoning Ordinance', ArticIe III, Section 304, , for permissl°n-to build new one family dwelling with re4uced' f~ont' yard setback~ Location of property: north side of Sound-Beach Drive, Captain Kidd Estates, ~ot No. 33, Mattituck, New York. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical 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 REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE RE~ mKSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous deeisinns of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 SEE REVERSE T,,/''i :[~ ~i~3 OF APPEALS I ~/~,~_ //~"~ev~~ BO~D~ Secretary After investigation and inspection the Board finds that the applicant requests permission to build new one family dwelling with reduced front yard setback. The Board finds that th~ applicant is the owner of a 50 ft, corner lot on an approved filed map, making it impossible ~ meet'the35 ft. setback on the westerly side fronting the turn around, 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 sha~ed 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 6~ the neighborhood and will observe the spritit of the Ordinance. THEREFORE, IT WAS RESOLVED A. Reilly & Sons, Mattituck, New York, a/c Butt E, McConnell, 20 Weaver Drive, West Amityville, New Yo~k, be GRANTED permissign.t9 ~u$1~ 9~.-one family dwelling With reduced f~ont yard sgtback a~ applied for 9n~pr0perty~ lecated.at north.side-of Sound Beach Dr~ve., Capta%n Kidd Estates, ~-Lot No. 33, Mattituck,,NeW York,.su~,]e~t t~the ~ondit!on that the house, which is 24'-x ~6' f~., shall he.located at 10 ft. from the easterly li~e and 16.ft. from the turn around. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, ~ulse, Grigonis. Legal Notice Page -3- to set of£ lot with less than required frontage and area. Location o! property: east side of Ruch Lane, Greenport, New York~ bgunded north by S. Vanderbeek, east by Vo Ruch, south by otter lands of the applicant~ west by Ruch Lane° 9:00 P.M. (EoD. S.T.)~ upon application of A. Rellly & Sons, Mattitu~k, New York~ a/c Butt E. McConnell, 20 Weaver Drive~ West Ami .t~ville~ New ~Ork~ for a variance in accord- ance with the Zoning Ordinanc~ Article III~ Section 304, for permission to ~uild new one family dwelling with reduced front yard ~etback. Location of property: north side of Sound Beach Drive~ Captain Kidd Estates, Lot No. 33~ Mattituck4 New York. Any perso~ desiring to be hoard oa the above applications should appear at the time ~nd place specified. DATED: OCTOBER ~ 1969~ BY ORDER OF THE S~UTHOLD TOWN BOARD OF APPEAL.~ p~.~ukSE PUBL~i ONCE, OCTOBER 16t 1969t AND FORWARD EIGHT (8) AFFIDAVITS OF P~BLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAX~ ROA~ SOUTHOLD~ NEW YORK. COP~ES malle~ to the fol',owing on October 13~ i969: Harry & Evelyn Mearns Herman Pou~ner Catherine Ilewellyn Duane W. H~wkins Anthony & ~race Gambiao Henry Bisc~off A, Reilly ~ Sons a/c B~rt E. McConnell THE Long ~sl~nd Traveler-Mattituck Watchman The Suffolk Weekly Times SOMEONE SHOL%D APPEAR A". THE NOT~CE OF HEARINGS Put,ant to Section 267 of the Town Law and the provisions of the amended Building Zone Or- dinance 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, South- old, New York, on October 23, 1969 on the' following appeals: ?:~0 P. M. (E.D.S.T.), upon application of Harry and Evelyn Meacns, Route 25, Orl~t, New York, for approval of acces~ to privato road in accordance with the State of New York Town Law, Section 280A. Location of property: private right-of-waY off north side of Route 25, Orient, New York, bounded north by ~ I. Sound, east by Deidrick, south by Howe, west by land of applicant. ?:45 P. M. (E.D.S.T.) upon application of Herman Poucher, C~amp Minsola Road, Mattituck, New York, for a variance in accordance with the Zoning Or- dinance, Article l~I, Section 303, and Article X, Section 1000A, for permission to divide lot with in- suffl~tent area. Location of prop- er~y: west side of Camp Mineola Road, Mattituck, New York, bounded north by Howell Estate, east by Camp MAneola Ro~d, south by other land of applicant, west bv~idvate ~ht-of-way. plication of Catherine Lleweilyn, Ole Jute Lane, Mattituck, New York, for a variance in accord once with the Zoning Ordinanc~ Article III, Section 303, an~ ArQcle X, Section I000A, for per mission to set off lot with les than 100 ft. frontage. Locat/on o property: west side of Ole Jul, Lane, Mattituck, Hew York~ bounded north by other lands applicant, east by Ole Jule Lane south by Wm. Liebecknecht, wes~ by J. Zebroski. application of Duane W Hawld~I New York for a variance in ac-, cordance with the Zoning Or.~, dinanse, Article III Section and Article X, Section for pemission to set off lot with less than required frontage and area. Location of propes'ty: west side of Deep Holm Drive, Matt- itack, New York, bounded north by A. Gambino, east by Deep Hole Drive, south by A. Corte, west by Deep Hole Creek. COUNTY OF SUFFOLK STATE OF NEW YORKj' ss: C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TP~VELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the cnnexed is o printed copy, has been published in said Long Island Troveler-Mattituck Watch- man once each week for ...... successively, commencing on the ............... ../....-~.. ................ of ........ day Sworn to before me this ......... ./.....~....... day of ......... .......... 8:30 P. M. appUcation of Anthony and Grace Gambino, 55-24 84th Street, Elmhurst, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Section 300, and Article Section 1000A, for permission to set off lot with less than required frontage and area. Location of property: west side of Deep Hole Drive, Mattituck, New York, bounded north by H. Brewi, east by Deep Hole Drive, south by D. W. Hawkins, west by Deep Hole Creek. 8:45 P. M. (E.D.S.T.), upon application of Henry Blschoff, Ruch Lane, Greenport, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, ~ection 303, and Article X, Section 1000A, for per- mission to set off lot with leas than required frontage and area. Location of property: east side of Ruch Lane, Greenport, New York, bounded north by S. Van- derbeek, east by ¥. Huch, south by other lands of the applicant, west by Ruch Lane (E.D.S.T.), upon 9:00 P. 1~. (E.D.S.T.), upon application of A.Ll~e~illy & SOns, Mattitack, New Yo~k, a/c Burr E. McConneil, 20 W~ver Drive, West Amityville, New York, for a variance in accordance with the Zoning Ordinance, Article IH, Section 304, for permission to build new one family dwelling with reduced front yard setback. Location of property: north side of Sound Beach Drive, Captain Kidd Estates, LOt No. 33, Matt- ituck, New York. Any person desiring to be hca~d on the above applications should appear at the time and place specified. DA'r~: OCTOBER 2, 1969, BY ORDER OF SOo'i'~iOLD TOW~ BOARD O1~ APPEALS IT--16 LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town I~w and the provisions of t~e amended Building Zone Ordin- ance of the Town of Southold, Suf- folk County, New York, public hearings will be held by the Zon- ing Board of Appeals of the Town of Souihold, at the Town Office Main Road, Southold, Are~*York, on Octob~l~-~3, 1969 on the following a~opeals: 7:30 P.M. (E.D.S.T.), upon appli- cation of Harry and Evelyn Mearns Route 25, Orient, New York, for ~pproval of access to private road ~n accordance with~ the State ~f New Y~rk Town Law, Section 280A Location of property: private rig~nt- of-~Sy off north side cd Rcqte 25, Orient, New York, bounded north by L. I. Sound, east by Deidrick, south by Howe, west by land of al~pli~ant. 7:45 P.M. (E.D.S.T.), upon appli- cation cd Herman Poucher, Camp Mineola Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 306, apd Article X, Sec- tion 1000A, for permission to divide loc with insufficient area. Location of property: west side of Camp Mineola Road, Mattituek, New York, bounded north by Howell Estate, east by Camp Mineola Road soutli by o~her land of applicant west by private right-of-way. , 8:00 P. M. (E.D.S.T.), .upon appli- cation of 'Catherine Lleweliyn, Ole' Jule Lane, Mattituck, ~qew 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 less than 10O ft. frontage. Lo- cation of property: west side of Ole J*ule Lane, Matt~uck, New York, bounded north by other lands of applicant, east by Ole Jule Lane~ south by Wm. IAebeekneeht, west by J. Zebroski. 8:15 P.M. (E.D.S.T.), upon appli- cation of Duane W. Hawkins, 91 Humphrey Lane, Blue Point, New York, for a variance in accordance with the Zoning Ordnance, Article III, Section 303, and A,rticle X, Sec- lion 1000A, for permission to set off lot witli less than required frontage and area. Location of proper~y: west side of Deep Hole Drive, Maltituck, New York, bound- ed north by A. Gambino, east by Deep .Hole Drive, south by A. Corte, west by Deep Hole Creek. 8:30 P.M. (E.D.S.~.), upon appli- cation of Anthony and Grace Gam- bino, 5~5-24 84th Street, Elmhurst, New York, for a variance in ac- cordance with .the Zoning Ordin- ance, Article III, Section 300, and Article X, Section 1000A, for per- mission to set off tot with less than required frontage and area. Location of property: west side of Deep Hole Driv. e, Mattituck, New York, bounded north by N. Brewi, east by Deep Hole D,rive, south by D. W. Hawkins, west by Deep Hole Creek. 8:45 P.~I. (~.D,S.T.), upon appli- cation of Henry Bischoff, R~uch Lane, Greenport, New York, f~r a variance in accordance with the Zoning Ordinance, Article III, Sec- lion 303, and Article X, Section 1OPaA, for permission to set off lot ~ less ~han required frontage anu area. ~ocation of property: east side of Ruqh Lane, Greenport, N York, 'bounded. north by S. ¥~, ~erbeek, east by V. Ruch, south ~y other lands of the applicant, [west by Ruch Lane. 9:00 P.M. (M.D.S.TO, upon appli- cation of A. Reilly & Sons, Matti- tuck, New York, a/c Burl E. Mc- Connell, 20 Weaver Drive, West Ami~yvflle, New York, for a var- iance in accordlnce with the Zon- ing Ordinance, A£ticle III, Section 304, for permission to build new one family dwelling x~r~th ~educed front yard se?~back. Location of prop- erty: north side of Sound Beach Drive, Captain Kidd Estates, LOt ,No. 33, Mattituck, New York. Asy person desiring to be heard on the above applications should ap- pear at the time and place speci- fied. ElATeD: OCTOBer{ 2, 1969, BY ,K, RK, ~ ss: J .-. ~.~...~.... being duly Sworn, Printer and Publisher of ~he SUFFOLK ewspaper publish~l ~t Greenport, in · otic~. ~f which the ~ne~ is ~ print~ shed in the snid Suf~lk Weekly Times ~r ........ ~.~ ............ week~ ting on ~e ..... x~:~ ..... ~ ......... ORDER OF TI-~E SOUTI-IOLD ~ ~.~.~ TOWN BOARD OF APPEALS ~9'~./..ff~. ltO17 SwOrn to ~fore me this .~(~... l .... .... ...... Suffolk Co. Oftichd Nc). 524)770500 Commission Expires March 30,19.....'~ ~ TOWN OF SOUTHOLD, NEW YORK ~J~PPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / o~ ~/-/ V DATE ,.(~;:~, .i;Q~.~3;...~, ..3. 96 9 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .~..Blz.~t..E,...3~cC.on~e3~l ..................... of ...... 20...W~a.v.o~'...D~.i.v.o .................................. Name of Appell(~nt Street and Number ......... W.~.$.'h,.,..~it~V;.~.,1,3.e. ............................................... N/aw:.,Yo?'k ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISfON OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .0.?...~.....9..:k..!9..6.9. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ,..P!0......W.%9,.ff.~.;r...~ ~.i .v..e. ....... ~. ,,..Ami:b~.'J_!l~. ....... N.~,~ ................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY for permission to build new one family dwelling with reduced front yard setback. LOCATION OF THE PROPER'I%( ' ' "A" dis+,, ~ Street Use District on Zoning Map ..612...C~ptai~..~idd..W-s~at~s ....... ~a.tt&tuck, New York /v~ap No. Lot No. Lot # 33 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.) Article III~ Sec. 30~ ~ ~06 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. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (:Wa~) (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 ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that: Lot. ~,.%: :is a ~'0 foo¢ earner :Lot- on ~n ~roved filed map, making it impossible to mee't the 3~ foot setback with usable dwelling Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- D~ry~A~D~l~°~ecause ~ ~is lot on an approved filed map is or~ly ~0 feet wide~ and is also a corner lot in a row of 50 ft lots - all ow~$d seperatel~ thus making it ,'~z~,possible to meet the required3~5~foot setback on the westerl~ side. '~e-:es~a~iishe~ setback on th~-~6~erly ~de can be ~aintained. The westerl~.~de f~onts on the "turnarounS~'.~.~dt,~ede~d.:end of the public street, no other dwellings will be built ~n this side of the street. Denial of a setback reduction would make this lot useless for a livable ~welling ~nd deprive the owner of a lawful use Of the property. The proposed dwelling is of nominal standard width, and will be located ~lengthwise~ on the lot to allow as much setback as possible. 2:: The hardsh_:ip created is UNIQUE and:is not shared by al. properties a!ike .ip _t. he immediate. vicinity of this property and in this use district beca:use this is a ~Oft earner iof:; on an old fiie~,_~ap, and a~proved by the To~n in the Zoning Ordinance, and fronts on a dead end turnarotuad~ so there will not be any' other houses built on this side of the street. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because : There are homes ~uilt on a series of 50 foot front lots on this side of the street~ the proposed d~zeiiing will be similar to these and used as a s~mmmer home~b~_~e same as the other houses so there will be no harm or change in the neighborhood. couNTY o~ ) / . Signature / Sworn to this ............... j~).7~4 .................... day of ........... ' .................... 19~ ¢ Notary Pubhc ¢ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE SOU'I~OLD, N. ¥. ~OTiCE OF DISAPPROVAL File _No ................................................................... Date ............................ ..0...C....t. ........... .9, ............... 18....6...9. To .Z~ .?...~,~.,1.,1.~...~.. ~ .O...n...s...... ~./...C........~..~- .r...t....!~.~.?..O.OIl-ne ]']' ...... ........... :. ................................. PLEASE TAKE NOTICE that your application dated ...................... ..0...c..t.......~. ............ 19...~.9 .*or permit to construct ...... ~l~.e!.l±ng .............. at the premises located at ....... ,.N../..S........S..o.e.d.... ......... ~e~ ~3a...., D.~.iV..~. ................................ Street Mattituck M Capt Kidd Est ap .......................................... ~~arn~disapproved on the following ground~ Insuf[.f. icient ..... ~e.~i~a~k.. or~..~q.e.s .~e~. Zy... s.i&e .......... ~.~...I.t !.,...s..e...c....3..0.~/...~....0~.. ........................................... FORM NO. I TOWN OF SOUTHOLD BUiLDiNG DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. · ~w~rove~ ........................................ , ........ ............................. Applic< (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................................... INSTRUCTIONS a. This application must be completely fiJled in by typewriter or in ink and submitted I nspecto r. b. Plot pla~ showing location of lot and of buildings on premises, relationship to adjoining areas, and giving d detailed description of layout of property must be drawn on the diagram whi c. The work covered by this application may not be commenced before issuance of Buildi~ d.i Upon approval of this application, the Building inspector will issue a Building Permit t~ shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Buildi Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other app Regulations, for the construction of buildings, additions or alterations, or for removal or dem~ The ~pplicant agrees to comply with all applicable laws, ordinances, building code. housing (Sig ture of a cant, or (Address of a[ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electr tion No ............................. duplicate to the Buitding ,remises or public streets or ~is part of this application. tg Permit. the appJicant. Such permit a Certificate of Occupancy ng Permit pursuant to the icable Laws, Ordinances or ~lition, as herein described. ~de, and regulations. ame, if a corporation) ~licant) ................. :ion, plumber or builder. Name of owner of prem ses .......................... r, ............ .~. ................. :;:,,:~'. .............................................. ... Lot No.:.~;....:i~ .......... lib/ )osed construction: If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Map No.: ................................. Street and Number ......... :::.,..~:'. ......./., ,.-:L-:-. ....... ;..,-~ .......... ~:,,~:~;~. ...... ~;:;:~:.~.;,,.f ....... Municipa State existing use and occupancy of premises and intended use and occupancy of pro] a. Existing use and occupancy ....-./. ...... ~/..'?..~::;';.~/=;:'~:/. ................................................................................................. / b. Intended use end occupancy ................................................................................................................................. 3. Nature of work (check which a('~' cable): New Building .................. Ad(L~l~n Altera¢ion .....~ .... Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................................ 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. rf 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 arlterations or additions: Front .................................... Rear ............................ Depth ~ '~ Height ............................ Number of Stories .... z..:-.....: .................. 8. Dimensions of entire new construction: Front .................................... Rear ............................ Depth ........................ Height .................... Number of Stories ..................................................................................................................... 9. Size of lot: Front ............................ Rear .................................... Depth ................................ 10. Date of Purchase ........................................................ Name of Former Owner ........................................................ 11. Zone or use district in which premises are situated ..................................................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ............................................................ 13. Name of Owner of premises ........................................ Address ............................................ Phone No ..................... Name of Architect ..................................................... ,~ddress ............................................ Phone No ..................... Name. of 'Contractor .......: ............................................ Address ............................................ Phone No ..................... Locate clearly and distinctly all' buildings, whether existing oF proposed, and indicate all set-bock dimensions from property t~nes. Give street and block ~number or description ac6ording to deed, and show street names and indicate whether i'nterior or corner lot. STATE OF NEW YORK, COUNTY OF ................................ ................................................................................................. Deing duly sworn, deposes and sa~s thol' he is the opplicant (Name of individual s~gnmg application) above named. He is the ......................................................................................................................................................... (Contractor, agent, corporate officer, etc.) of sa~d owner or owners, and is duly authorized to perform oI-~qrm~d t~h~'~ ~k~-o:n~ to m~ke a.nd file this opplication; thor ~11 st*temen~ contained in this opplic~tiB~ro true to fhe ~o~t of ~is knowl~e ~nd be ie{; and that'the work Will be performed in the manner set fo~h in the applicati~, fi[ed therewith. Sworn to before me this :. ...... ::,: ........ ............................ ELiZABEth. ~[~LLE NOTARY PUBLIC. Stste of N~w York No. 52-8125850, Suffolk ~erm ~pires ~r~h~O,