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TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1324 Dated March 24, 1970 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Henr~ Mazzaferro, Sr. Appellant 421 Pront Street G~enport, New York at a meeting of the Zoning Board of Appeals on April 2, i970 the appeal 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 f6r a ~ariance to the Zoning Ordinance ( ) 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 Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:30 ~.M. (E.S.T.), upon application of Henry Mazzaferro, Sr., 421 Front S~reet, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article II~, Section ,303, and Article X, Section 1000A, for permission to divide property and set off lot with less than 100ft. frontage. ,Location of property: north side of Custer Avenue, Southold, New York, bounded north by J. Lowe-J.W. Wilkinson, east by Robert Wilkinson, south by Custer Avenue, westCby CShas. Gagen. DATE .April...2, 1970 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 (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 distrlet 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) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 ) be denied and SEE REVERSE APPROVED z NING B D OF APPEA'~S C h~~a~ After investigation and inspection the Board finds that the applicant requests permission to divide property and set off lot with less than 100ft. frontage. The a~plidant is the ewner of a parcel of land 150ft. deep with a road frontage of 180ft., which he purchased as 2 lots prior to the Zoning Ordinahce. The applicant proposes to divide property and set off one lot with 80ft. frontage. Since the ~ajority of the lots in this area have 75ft. frontage, the Board feels that this division will be in keeping with the character of the neighborhood. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and wo~ld not be shared 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 of the neighborhood and will observe the spirit of the Ordinance. ~k-~FoRE, zTWAS,RESOLVED ~e~r~ ~azz~rro, Sr.~ 421 Frgnt .Street, Green~ort, New Yor~ be GRA~'£'~D,permission to set off lot with less than 100ft. frontage as applied for. Loc~tion of property: north side of Custer Avenue, ~uthold, ~ew York. Vet~ ~f the,B~ard: Ayes:- Messrs: 'G~llispie,' Bergen, ~rigonis. ap~als ~ THE SUFFOLK TIMES Page 23 LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE Pursuant to Section 267 of the Town Law and the pro. visions of 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 April 2, 1970 on the following appeals: 7:30 P.M. (E.S.T.) upon ap- plication of Henry Mazzafecro, Sr., 421 Front Street, Greenport, 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 set off lot w!th less than 100 ft. frontage. Location of property: north side of Custer Avenue, Southold, New York, bounded north by J. Lowe-J.W. Wilkinson, east by Robert Wilkinson, south by Custer Avenue, west by Chas. Gagen. 7:45 P.M.(E.S.T.) upon ap- plication of David Eliazar, 178~ Roland Avenue, Wantagh, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (b), for per- mission to erect an off premises directional sign on property of Malcolm P. Rackett. Location of property: corner of Main Street and Champlin Place, Greenpert, New York, bounded north by M.F. Strauss~ec, east by C. Cisterino, south by Champlin Place, west by Main Street. 0:00 P.M. (E.S.T.) upon ap- plication of Mattituck Inlet Marina & Shipyard, Inc., Mill Road, Mattitock, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Sub- section 10, for permiSSion to erect an off premises directional sign on property of Walter Gatz. Location of property: north side of Sound Avenue, Mattitnck, New York, bounded north by J. Wierbecke, east by Bergen Avenue, south by Sound Avenue, west by J~ Koroleski. 0:10 P.M. (E.S.T.) upon ap- plication of Mattituck Inlet Marina & Shipyard, Inc., Mill Road, Mattituck, New York, for a special exception in accordance with the Zonging Ordinance, Article IV, Section 408, Sub- section (a), for permission to erect an off premises directional sign. Location oI property: north side of Main Road; Laurel, Npw York, hounded north by L.I.R.R. east by J. O'Coanell-Kersnowski, south by Main Road, west by Matson. 8:25 P.M. (E.S.T.) upon ap- · plication of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with 'the Zoning Ordinance, Article X, Section 1000A, for permission to renew a farm labor camp permit granted April 24, 1969. Location of property: south side of Main Road, Orient, New York, bounded north by Main Road, east by S. Koroleski & others, south by the Bay, west by E. Latham. 8:.35 P.M. (E.S.T.) upon ap- plication of Clarence Powell, Robinson Road, Greenport, New York a .,~ c Robert Melrose, Robinson Road, Greenport, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 305, for permission to build new one family dwelling with reduced front yard setback. Location of property: south side of Robinson Road; Greenport, New York, bounded north by Robimon Road, east by Stuart Dncman, south by Sterling Creek, west by Clarence I¥ Sworn, Powell. Any person desiring to he heard ;UFFOLK on the above applications should rt, in said appear at the time and place specified. a printed DATED: MARCH 12. 1970, BY ORDER OF THE ID/ Times SODTHOLD TOWN BOARD OF APPEALS .. weeks ITM27 ~,,,,~X.,,.~ ...--~-. .... :. :..:-. ..... !.~:.'.~;...~ .. 19:1'.~. ~ me this ./, .~i-.~:,.... I ~.;.,..,c-. ..... 19: i... ! Legal Notice NOTICE OF HEARINGS Pursuant ~ Sec~on ~7 ef S~olk Co~ty, ~ew York, public h~s ~11 ~ held ~ the ~g ~d of Ap~als of the ~i~, Ma~ Road, ~uthold, ~ello~g apes: 42i ~ont Street, G~en~rt, Ncw ~ce ~h the Zon~ ~ce, ~e X, ~tion I~A, for ~on to ~de pro~y and ~t off lot with less t~n 1~ ~. fron~e. ~tJon of pro~y: north side of C~er Avenue, ~uthold, New York, ~ded north by J. ~we-J. W. ~u~ ~ ~s~r Avenue, west by 7:$ P. M. (~T), u~n appli- ~on of ~d ~i~r, 1q88 ~d Avenue, Wantagh, New Y~ ~or a s~lM exce~ion in ~d~ce ~th the ~ng Or- ~tion (b), for ~lon ~ on pro~y of M~colm P ~kett. ~tion of p~rty: c~ner of ~in ~et ~dC~m- p~ Place, ~n~, New York, bo~ed north by M. ~. St~s- net, e~t by C. ~ster~o, ~uth by Champ~ Place, we~ by Main Street. 8:00 P. M. (EST), u~n appli- ~ttit~k, New York, for a spe- IH, ~tion 3~, Su~tion 10, p~y of Walter Oatz. ~- ~on of ~perty: north side ~d Argue, ~t~tu~, New Y~ ~d~ no~h by J. Wier- ~, e~t by Be~en Avenue, ~uth by Sold Avenue, west by $:10 P. M. (EST), u~n appli- Mattituck, New Yor~ for a s~- cial ex~ti~ ~ a~rd~e ~th the Zon~ ~ce, ~ticle IV, ~tion ~, Sub~ctlon (~), tion of ~rty: no~h ~de e~t by J. O'Co~eH-Ke~ow- s~, ~uth by ~ ~d, west ~ ~t~m 8:25 P. M. (~T), u~n appH- ca~ of ~oyd T~, Main ~, ~ient, New York, for ~P ~t ~ted AD~ 24, ~de of ~ ~, ~ent, New Y~ ~d~ no~ by ~ ~, e~t by S. Korol~ & o~, south ~ the ~y, w~t by ca,on of Cl~ence Powell, Rob~- ~, G~npo~, ~ew York, for to build new one fa~y dwellt~ ~ r~u~ front y~ ~t~ of ~b~n ~, Oreen~, New York, ~d~ north by ~b~n Ro~, east by Stua~ ~, south by Ster~ Creek, w~t by Cl~en~ PoweH., h~d on the a~ve applications ~ould ap~ a~ the t~e and COUNTY OF SUFFOLK } STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, says tt~at he is the Editor, of THE LONG ISLAND TRAVELER - MATTtTUCK YVATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, hos been published in said Long Island Zr~veler-Mottituck Watch- man once each week for ..... C~.5'~cC...~ weel~ successively, commencing on the .............. ~.~;-:....'.~ ........... day of .....~:z:.~.~.~..~, ...... 19.:~. .............................. Sworn ~o before me this ....j~....~ .......... doy of FO,I~M ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. %'. ~o?~cs or mSAPrROVAL File .No ................................................................... Date ........ March ~ 2 19....:.~..0 ToHen~v Mazzaeer-ro Jr A/C H. Mazzeferro Sr ~ ~,~ ~- ~ r~ .................................... .............. ©~-~{.~-,~ ~.. .V- .... ................... .o?~mn~i~ .... ..... ;.~.. ~. ~kl(. .......................... PLEASE TAKE NOTICE that your .application dated .............. .%~,..r..c..~.. ........... .[.2.. ........ 19../...0.. for permit to ~ .....d.~..v.,'.l..d.'..e..~.?.,.°.~..e.E~t the premises located at ...~3./,q....Cus.te~.2;,ve ~ ou ~ho!d ~, .Y · (... ~4 e s.t e.I~l~...~...O.~ ~%-, ~e...~.oll~h...SStreet ~ ~'- ~ Map ............. ~ ............. Block ....... :~x:c_xX ...... Lot y_XX.~4 is ~~~ disapproved on the following grounds Lot to be set off ~ ~00 ft ,ro ~ge. ~-rt ~Ii section 303 ~: ~rt X sec. ~O00a "-ka~.. 'me s'S"-%~ e:1% ..................... '-. ..... it .................. ' Building Inspector ~.~'~ ~e?~ '.'ow. o~ sou'r.o~....~w ~o.. ~ A~PEAL ~ROM DEC,S,ON O~ BU,LD,NG ,NSP~CTOR 'FO THE ZONING BOARD OF APPEALS, TOWN OE SOUTHOLD, N. Y. ..~. ~3-,~~ ~4 APPEAL NO. 1 3 ~/~ DATE ...~ ./%.4/..Z0 .......... ~iem~y~M~z~e~ro - 4~! Eront St. ......... i ......... 1, (We) ......fL 5. ~.~'TCa., '~vt P-~ z ~ ~m ZLo ................ ot ............................................... Name of APpella,n$ Street and Number ~meenpom¢ .... .~:[..~2~.~....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIN~INSPE~TOR ON DATED ..................................... ............ WHEREBY THE BUILDING INSPECTOR DENIED TO ~ ~ Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ...Lu$.,.er...~.~v~n~t~v...,gou.tho.l,d ............. Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of t~,e Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (~) 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 (l~s) (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 ...................................................................... ( ) (X) ( ) REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that l~orm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Bis lot ~as purchased before zon£ng with ti~e idea of being able to bni!d on i~. Wi~hou~ a variance the lot would be worihiess. 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 Most all lols in the Gagen property of Which this was a part, were 75' lots and have all been sold as such. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Nearly ail lots in this deYeZopmeni are 75' and have been sold and homes built on them. COUNTY OF~~ ss Signature Sworn to this ....................... ./._2 ............... day Term Expires ~[areh 20,