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Home My WebLink About1295 Appe~ No. 1295 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Leffer2s P. Edson, Executor of the Estate of Kas~ara E. 5~1755 Main Road Mulder SouthOld, New York TOWN O~ SOUTHOLD, NEW YORK DATE Nor. ember 13,1969 ACTION OF THE ZON]~G BOARD OF APPEALS Dated October 22, 1969 Appellant at a meeting of the Zoning Board of Appeals oh November 13, 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 (X) Request for a variance to the Zoning Ordinance ( ) 1969 th~ appeal ]. 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 ~he Zoniag Ordinanae an~ the decision,of the Building Inspector ..( ) be reversed ( ) be uonfirmed because 7:30 P~M. (EoS,T.), up(m applicmtion of Lefferts P. Edson, Executor of: the Estate of Kaspara E. Mulder, 51755 Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance',. Article, Eli, Section 303, and-Article X, Section 1000A, for p~rmission to Set off lots with inSuf{iCient area. LOCation of property: southeast corner of Fleets Neck Road and Stillwater Avenue, Fleetwood Cove M~p No. 1263, Lots No. 13, 14,-~ 15, Cutchogue, 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 practical difficulties 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) 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. FORM ZB4 SEE REVERSE APPR/O /ED / i ZONING BOARD .OF APPEALS ~e~t vi~~l~e ~ Secret ar y ~Southold. Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to set off lots with insufficient area. Subject property has two dwellings on it which were built prior ko the Zoning Ordinance. The applicant would !neffect be splitting the property in half. The size of the lots would be 3ust under the min/mum requirement prescribed by the Ordinance, 11,250 sq. ft. of area and 10.028 sq. ft. of area. The Board is in agreement with the f~asoning of the applicant, that this is the best possible disposition of the situation. The Board finds that strict application of the Ordinance will produce parctical difficulties or unnecessary hardship; the har~hip created is unique and would not be shared by all propert ies al/ke 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, Leffer~ P. Edson, Executor of the Estate of KasparaE.,Mulder, 517~5. M~.iD ~o~dj Sc~thold, New York, be GRANTED Permis~ion to 9et off lots with insufficient area a~ applied for on property located at southeast corner of, Fleets Ne~kRoad and StlllwaterAveDue, Fleetwood ~OVg~ Map No. k2~, Lot No.,'s~13, 14, & 15, Cutchog~e, New York, subject to the following conditions If any en~argg~ent 9~ c~anges ar~ made. in the outside dimensions of the easterly cottage, it will have to be moved to conform with the present~ide yard requirements of the Ordinance. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. ~,~, GI~'n~PORT, lq. Y. FHI~DA¥. ~OV~MI~R 7. ,1~'8 , LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Laar and the provisions of the amended Building Zone Ordin- ance of the Town of Soidhold, Suf- folk County, New York, public hearings will be held by the Zon- ing Board of Appeals of the Town of Souttiold, at the Town Office, Main Road, Southold, New York, on ~¢ovember 13, 1969 on the following appeals: 7:30 PAVI. (E.S.T.), upon appliea- 'tion of Lefferts p. Edson, Executor of the Estate of Kaspara Iii. Mulder, 5175§ Main Road, Southoid, New York, for a variance in accordance wil~ the Zoning Ordinance, Article III, Section 303, and Article X, Sec- tion 1000A, for ,permission to set off lots with insufficient area. Location of ~oroperty: southeast corner of Fleets .Neck Road and Stillwatar Avenue, Pl?etwood 'Cove Map No. I 1263, lot No.'s .13, 14 & 1§, Cutch- , og~e, New York. 7:40 P.lqL (E~q.T.), u~on al~plica- ti~n of Mr. and Mrs. Russell Tuthill, Hew Suffolk Avenue, Mattituck, .New Yi~k, for a variance in accord- anoa wi~h the Zoning Ordinance, , ~ I~I, S~ctien a03, and Article X, :Sect/~a~ 1000A, /or permission to ~ set Off k)~s v,'~th insufl~/ent frontage. I Lee~l~ ~ property: north side of Cel~e~St~eet, Mattituck, New York, hm~ded~-tl~ by other land of ~p- ers, south by Center Street, west by W~ & othe~ 7:5~ P~M~ (E~.'P.), upo~ ~4~plioao ~ at Kelmut Hau, Beverly ~hetd, New York, tot a special ~exce~i~n. i~ accordanCe with the ~ Ord/nance, Article X, Sec- ~ t0~% ~e~do~ (e)~ lot per.' ~. t~ rev,/ir and re-construct excc~, o~ value~ ~Looation O/prop- ~ ~ s/de of ~0rth Road. (C~). Peeanic, Ne~ York, bound- ed~ ~d~i~ North Road (CH2?), east b~ 1~ ~ ~ubbard, south by lands o~ the C. amgy of Suffolk, west by oth~ lasd~ of the avvlicant. t~or~ o~ ~n~y J. Smith, Robi~on Road,, ~ New York~ for ~ ~ ~ over private right- of---wa~ i~ acc~ with the Stat~ of~N~ York Town Law, Sec~ tiol~ ~ Lorat/on of property: west. sid~ o/ Carroll Avenue, and New Y~rk, h~,~aed north by ,LI.R.R.,, east by Carroll Avenue south by Liua.~a!~, Smith & others 8:15 P:M. (~.S.T.), ~pon applica- tion. of~ ~ F~d, S~nd Avenue, Mattimck,,~N~w Yarlg for a ¥arianee in aecord~nce ~ th~ Zoning dinance,.Article: fII, ,Section 303, and . Article X,, Senior_ ~O0~A, for per- [ mlssiom ta se[ off ~ with insuffi- cient frantage. I~cattan of prop- erty: sowth ~ o/ ~ Avenue, by Sound_ A.~eun~:. ea~ h:v Walter by A&waF ning~ R~ut~. ~ ~ l/ew York, thra variance in accordance with the Zon/ng Ordinance, Article III,. Sect/on. 300, Subsection 6, for per- ~ssion to locale srivate detaehed l J ~ ..... being duly Sworn. Printer and Publisher of the SUFFOLK garage in sideyur~ area. Locatior~ of property; north side o/ Fanning .~wspaper published ~t Greenport, in said Road~ Nea~ SuffOlk, New York, bounded north by George Tuthfll, [l'oticc,/)f which the annexed is ~ printed east by J. Mlynerzyk & others i ......... ekl~ Times soutl~ by Fanning Road, west by A. ished in the smd Du~oliC we T aOn..4a~ci~./VL. 0E, S.T.), upon a~plica-I'lr ......... ~ ............ week~ tion of James Kavanagh D/B/A .~ Crescent Beach Motel, Route 25,1icing Oll the ..-..-~/-~'...<~ ........ Greenport, New York, for a, special 'n {~ r7 sion ~o re-loca~e exist/rig o/[-p~e- ~ ~,~ '7 ~, erty: south side of_ No~th lq~ad (CR- 2¢/), Peconic, New Yark,. botmded north by North P, aa& (,CR27~, east by Mary T~r~, ~ ~ ~y W~ler, w~t by P~c L~e. 9:00 P.~. (E.&T.): a. ~ea~ng ~ A~ No. 1~2,, ~ of Hazy and E~el~ Me~ns,~ Rou~ ~ ~nt~ New Y~k,~ ~ ~rov~l of acea~ to priva~ ~ ~ a~ord~ an~ ~th the S~ o~ New York T~n ~w, S~fi~ 280~ ~ation of ~rope~y: priva~ ri~t-~-way off no~ side of ~ ~,, ~ient, ~ew Y~k, b~ded, n~ ~ hud of a~Hcant, ea~ ~ ~ by H~ west-b~ ~n & 9.15 P~. ~),, u~ ~- ~on of ~ ~, N~ow ~er ~d, ~ient, ~ ~¢k,,f¢. a vafi- ~ce in acco~ wi~ the~ ~ ~na~, ~ ~, ~on, 303, ~d ~i~e X, ~ l~&, for ~ ~ ~v~e, Dt, ~ 1~. ~ 100 ft. f~n~e. L~ation~ at ~: west ~e of ~ ~, ~t by H~or ~ ~ by ~old Da~n, w~t ~ ~i~t ~y p~n d~ ~ ~ hea~ on ~ a~e a~cafio~ ~o~d ~ at the ~e ~d p~ ~ci- DA~ ~ ~, 1969 BY[ O~ OF T~ SOU~OLD 8:15 P. IlViT (EST), upon appli~ - easion of zrene Ford, ~ound Ave- hue, Mattituck, Ngm-York, for a variance in accor~ ~ with the Zs~ Or~ance~ ~rticle III,~ Sec~on 808, and A~icle X, Sec- z~on 1000A, for per~ssion to set ~v~, ~---- .ff ~ots wit~ insufficient front-STATE OF N~ YORK ~e. ~tion of pro~rty: south side of $~und Avenue, Mattituc~, ~ New ~/ork, ~bounded norsk by~ ~lOE OF HEA~iNGs So~d Ave~, east by Walter L. ~ ~ ' ~'~Ha~,southby~ailroad, west; C. Whitney Booth, Jr., being duly sworn, says ~'~-.~w a~a ~he pro~[o~s .0~ ~'8.~'~*~ ~'EST) a ~ehea~m~ that he is the Editor, of THE LONG IS~,ND [ ' i ~ - ' ' ' ' J -_ . '..., .... ~ ...."~.. -j' ~no~, a -' ~ , pape~ prinfed et SoutnoM, in Suffolk County; Qnd t~et ;ear,ge ,'. ~i, :x Pekt cv % r; ' Stlffolk, ~ew York, for a variance ~ ~°~ °~e~]s °! ~-~J,o~t~om. ~s me ','o,m' ~ ~ooo~ee w~t~ ~e ~o~ the notice of wh,ch the onnexed is a printed copy, has been ~ o~ s mm ~, Bo~mot~, ~~t~Z~o~%~[~t~ published in said Long Island Traveler-Mattituck Watch- Main l~oad, ea~ by J. 1VIlynerzyk & others, i ~outh by Fanning t%oad, west by ~ A. Tonacci, '.:Ding ~, &~icle III,~ 8:45 P. M. (EST), upon kef!on o0S. ~nd Article X, Sec- cation of James ~avana~h '000i, for per,mission to Set D/~YA Orient Beach ~ute 25, Greenport, ~ew ~ork, a special exception in accord- ~ts ~eck ~oad and ance ~th the Zonin~ Ordnance, . ~'Svemle. Fl~ef,wood ~cle ~I, ~ction ~00, Subsec- !:,ye Map Na. '2(,'L '.o~ No.', i,$, tion 1~, for pe~ssion to re- :k' 15, CUtC~0SmL N;:.z ¥o"k [o~te ex~t~ off-pre~ses ~:~3 P. M. (EST), upon re~ional Z~ on property of PupecM, Location of Drop- , ~: south side of North ~oad ::.~ in accordance with the Zon=~ded no~h by ~orth Ordinance, Art.~cle Iii, Sec-~(C R ~7), eas~ by M~ Tu~er, S03, and Article X, Section south by Si~ey W~!er, west by ~t for ,eruzi-~b~ to set off ~o~c Lane. [wifb iusu ~ieient frontage.: 9:~ P. ~. (~T), a rehearzng roo~ti0'; ~ ~l'0O~y: nort~ side en Appeal No. 1~"~; ~n ~ t St're~'~' Mat' it.- "k ~ew ~Mon 0f H~ ~d ~ork, bonded north oy o~her ~, 2~, ~ient, ~oute ~ew ~d ,of sppticsnt e~t by A. ~k, ~or spprowl of so.ss to ~onamto' ~ others, south by~Drivste~ ro~ ~ aocord~ce with k.~ ~ west b~ Wflsh~en ~he State of ~ew Tork To~ ~:50 P.' ~. (EBT), upon ~ppli- ~e~y: privste ~ion of ~elmut ~sss, Beverly ~ no~h ~de of ~ute ~5, Or~en~, ~d, Southold, ~ew York, :for~e~ ~ork, ~ded no~h by ~s~ciSl exception in ~ccord-~a~ of ~pDIi~%, ernst by ~e ~i~h ~he Zo~nK O~dinsnce,~ck, south by Hess, w~ by Icle X, section 10,07, Subsec-~ ~ others. ~0n (e), for permission t0~ 9:15 P. ~. (E~T), upon appl% ~ir~nd re-co~truct existing ~on of Richard N~, ~arrow ~confor~ng b~lding in ex-~ver ~o~d, O~ent, ~ew York, of value. Location of p~op~ ~or a variance in accordance south Side of North Road ~ ~o~ O~, % 27), Peco~c, New York, ~, Section S0~, ~nd ~ticle deal north by North ~oad ~e~ion i~0A, for ~r~sion to 27), 'east by land of Hub-di~de lot with less t~ 1~0 south by lands of the~ronta?. ~ation of pr~rty:] ~y ef S~olk, west by other w~i szde of ~bo~ Road, Orient, Of the applicant New York, bo~eed north by ~ o~ ~e~Y J. B~th, ~ob/n- e~t by ~rbor ~o~d, south by ~oad, Pec0nic, New Tork, ~]d ~on, west by Orient ~prowl o[ ~ccess over p~i-~Y. ~Kht-of-wsy in sccordsnce k ~s ~rson des~ to be t~e State o~ New. ~or se~rd on the shove .~w~ Section ~8~A;'f.~o~i;hould sppesr st the time and t~ pro~r~y' wes~ sine o~] t AvenUe snd e~ss si~e o )A~D ~ ~ Lane, Peoonio, New BY 'CEDE O~ ~ ~unded north by L.Z.~.~., ~ Carroll Avenue/south bY ~OLD BOA~ OF APPEALS ~, ~mith ~ others, west Sworn to before me this .... .Z ~ -~r ................. day of ......... ......... , Notary Publi~ ~otary PuHJc. Stat~ of New York Residiog in Su,ffolk County No. 52-334'~,~.¢00 Commission Exp~es March 30, 19Z~ -~0~) ~ /~/~f~ TOW~ or SOUTHOLD, ~W YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /~ 9~ff~ b/ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, ~ ........................................ : ...................... of ............ ~:~..~.. .................................... Name of Appella~h,f Street and Number .................................... [~~.~ .................................... ,~.:.~ ....... ~a~sv APP~b ~0 Mun Jc Jpal Jty State · / / ~,CA~O~ ~0~ ~ ~o~>. ............................... .... aamco _'.. /..O../~.~.~Z.~Z.~ .................. ~HEREBY Z~E BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ...... ~!,~.~..,~...~.,...~.~.~.~ .......................... ~..e.~..~.~ ..... ~?.'Z~ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. 'LOCATION OF THE PROPERTY Street Use' District on Zoning Map 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article ,~Sect!on, se~ti°n 6nd Pbrag'raph 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.a. nce or Zoning Map ( Sub- ) 'A VARIANCE due to lack of access (.State of New York Town Law Chap. 6.2 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 f ) 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 o~e~ alt of ~he subj~ on which are l~e~ ~ ~et~ing~. ~t is ~es~=e~ n~ to sell ~ese ~ ~we~ings separately as Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship 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 STATE OF NEW YORK ) COUNTY OF Sk~£~O$]¢ ) Signature Sworn to this ....... ~:~ .......... .... ............ ~. Lefferta P. IdsonI MaXnStreet 8~athol~ I.Z, Attorney Dear SirI ' 2~ur letter of Oot. 16th REI I~lder ~statet ~equaeh Ave,- (Fleets Neek Rd) & atillwater Ave.I Cutehoguei~.Y. received, ~he propoeed division line on~apbyVa~Tuyl dated Oct ?~101 1~9 is probably the bea~md, moat praetieal diviei~n of the pr?p~tT! _ it leete the f~ontage requl~enent for eaeh lot b~t I find tha~ ~nere ls ins~ffieient area ~u either lot, I do not find any area given i~ TaGTu31rlti ~arkinge on the nope Therefore ! would state that these lots need a varianee under Art III eection 303 & Art X secl~O~A aa there are 'pre-exieting#dwellings on each pareel, There has been no ~ou~ing inspection of either dvelling~ and each is "l~M. eo~forml~" es they both have less than 3~ft eetbaek fr~ the streett and ~nehas less than ~ft sideyar~e Bneloeed are appeal forms for a variancee louts trul7 Building Inspector~ LEFFERT~ PAINE EDSON October 16, 1969 Mr. Howard Terry, Building Town of Southold Town Clerk's Office Southold, New York 11971 Inspector Dear Howard: Re: Property of Kaspara Mulder Estate You will recall that there was a discussion with you concerning the division of the Mulder property on Fleets Neck Road. I enclose herein Mr. Van Tuyl's new survey of the property showing a division. will you please let me know whether these properties now qualify to be sold without further formality. Sincerely, LPE/mmb Enc. N. 55't5'00" E. LOT. NOTK L~T N ~/AB~t~S TO " ~J:JJJ Ot Jl::LJJ tLtltK'$ OFFICJ, tls ~