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Home My WebLink About1290 Appeal No. 1290 TO~N OF ~OUTHOLD, NE~V ¥Ol%K ACTION OF THE ZOI~WG BOARD OF APPEALS DatedSeptember 29, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Henry Bischoff Ruch Lane Greenl~rt, New York at a meeting of the Zoning Board'of Appeals on October 23, was considered and the action indicated below ~as 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 ( ) DATE.O~tober 23,1969 1969 Appellant the appeeI 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a ~pecial 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 cenfirmed because 8:45'P.M. (E.D.S.T.), upon application of Henry Bischoff, RUch Lane,~Greenport, 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 less than required frontage and area. Location of property: east side of Ruch Lane, Greenport, New York, bounded north by S. Vanderbeek, east bygRuch, south by other lands of applicant, west by Ruch Lane. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because 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 (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be eenfirmed ( ) be reversed. FORM ZB4 SEE ille, Secretary Southold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to set off lot with less than required frontage and area. This parcel contains the applicgnt's garage w~ich belongs to his residence located across the street. The property adjoining the subject pr,.o~erty is.to be sold, and applicant wishes to retain the parcel with the garage. This situation is very common on Ruch Lane where the garages are located across the street from the residence. The Board finds that stict application of the Ordinance wQuld produce prtctical difficulties or unnecessary hardshipl the hardship created is unique and would 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 neighborhodd and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLV~,D. Hgn~y..~isghgff, Ruch Lane, Greenport, New Yore,be G~'perm~ssion to set, off lot, with less ~han required fr99tage and area as applied, for on property locatedat east side of Ruch Lane, Gree~0rt, New York, subject to the foll,°Wing-conditions: 1. The smaller, lot of 9,000 sq. ft. may never be used for a residence, only for an accgssory bui~ding. 2. The larger lot may not be further divided, ~t may only be used for a single family residence. Vote of the Board: Ayes:- Messrs; Gillispie, Bergen, Hulse, Grigonis LEGAL NOT~CE Notice of He~rings Pursuant to Section 267 ~of the Town Law and the provisions of the amended Building Zone Ordinance of the Town of Southold~ Suffolk County, New York~ public hearings wiil be held by the Zoning Board of Appeals of the Town of Southold~ at the Town Office~ Main Road~ Southold~ New York# on October· 23~ 1969 on the following appeals: 7:30 PoMo (EoDoSoTo)~ upon application of Harry and Evelyn Mearnst Route 25.40rient~ N-~w York~ for approval of access to private 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 LoIo Sound~ east by~Deidrick, south by Howe~ west by land of applicant. 7:45 PoMo (EoD°SoTo), upon application of Herman Poucher~ Camp Mineola Road~ Matt/tuck# New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 303~ and Article Xt Section 1000A~ for per- mission to di.~ide lot with insufficient area. Locationn of property: west side of Camp Mineola Road~ Mattituck~ New York~ bounded north by Howell Estate~ east by Camp Mineola Road~ south by other land of applicant~ west by private right-of-way. 8:00 PoMo (EoDoS°To)~ upon application of Catherine Legal Notice Page --2- Llewellyn~ Ole Jule Lane~ Mattituck~ New York, for a variance in acuordance with the Zoning Ordlnance~ Article I~I~ Section 303~ and Article X~ Section 1000A~ for permission to set off lot with less than 100 ftc frontage~ Location of property: west side of Ole Jule Lane~ Mattituck~ New York~ bounded north by other k~ds of applicant~ east by Ole Jule Lane~ south by Wm~ Liebecknechts west by j. Zebroski. 8:15 PoMo (EoD°S. To)s upon application of Duane Wo Hawkins, 9 Humphrey Lane~ Blue Point, New York for a variance in accordance with the Zoning Ordinance~ Article I~ Section 303~ and Article X~ Section 1000As for permission to set off lot with ~less than required frontage and area. Location of property: west side of Deep Hole Drives Mattituck~ New York~ bounded north by A. Gambino~ east by Deep Hole Drive~ south by A, Cortes west by Deep Hole Creek~ 8:30 PoMo (EoDoS°To)~ upon application of Anthony and Grace Gambino~ 55-24 84th Street~ Elmhurst~ New York~ f. ora variance in accordence with the Zoning Ordinance~ Article IIl~ Section 300~ and Article X~ Section 1000A~ fo~ permission to set off lot wi~h less than required frontage and area. Location of property: west side of Depp Hole Drlve~ Mattituck~ New York~ bounded north by Ho Brewi, east by Deep Hole Drives south by DoWo Hawkins~ west by Deep Hole Creek, 8:45 ~oMo' (E'D.SoT.)~ upon application of Henry Bischoff~ Ruch Lane~ ~reenport~ New York~ for a variance in accordance with the Zoning Ordinances Article ~II~ Section 303~ and Article X~ Section 1000A~ for permission Legal Page -3- to set off lot with less than required frontage and area. Location of property: east side°f Ruch Lane~ Greenport~ ,New York~ bounded north by S. Vande~beek~ east by V. Ruth, south by other !ands of the applicant~ west by Ruch Lane. 9:00 P.M~ ~oDoS.T~)~ upon application of A. Reilly & Sons~ Mattituck~ New Yo~k~ a/c Burr E. McConnell~ 20 Weaver Drive~ West Amityville, NewYork~ for'a variance in accord~ ante with the Zoning Ordinance. Article III~ Section 304~ for permission to build new one family dwelling with reduced front yard setback. LOcationof property: north side of Sound Beach Drive~ Captain Kidd Estates~ Lot No. 33~ Mattituck~ New York. ~uy person desiring to beheard on the above applications should appear at the. time and place specified. DATED: OCTOBER 2~ 1969~ BY. ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, OCTOBER 16~ 1969~ AND FORWARD EIGHT (8) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ MAIN ROAD~ SOUTHOLD, NEW YORK° COP/~$ mailed to the following on October 13~ 1969: Harry & Evelyn Mearns Herman Poucher Catherine Llewellyn Duane W. Hawkins Anthony & Grace Gambino Henry Bischoff A~ Reilly& Sons a/c Burr E, McConnell THE Long Island Traveler--Mattituck Watchman The Suffoik Weekly Times NO~I~ OF H~RINGS Pursuant to Section 267 of the ~ce of the To~ of Southold~ ~olk Co~ty, New York, ~e Zoned of A~ of the TO~ of ~u~old, at the old. N~ Y~k, on ~r 23, app~on of ~ ~d York, f~ app~l of ac~ ~e ~ of New York off nor~ ~de of ~ou~ ~ent, N~ Uork, ~d~ no~h ~uth ~ Howe, west by land of ~ppH~fon of He~ Po~, a~o~an~ ~th the Zo~ Or- ~d A~lcle X, S~ion 10~A, for pe~on ~ ~de lot ~th ~- ~ent ~. ~cation of prop- ~: w~ ~de of C~p ~la ~oad, Ma~uck, N~ ~ork, ~ded no~h by Howell ~, ~u~h by other land of applicant, plication of Cather~e ~ewcll~, O]e J~e ~ne, Mattituck, New Article III, 8~tion ~, and m~ion ~ ~t off lot with ~e, Mattituck, New York, ~unded north by other ~nds of applicant, e~t by Ole J~e ~n~, ~uth by W~ Lieb~echt, w~t by J. cor~ce with the Zon~n~ ~- ~d Article X, ~on I~A, for ~miesion to set off lot ~th le~ than r~d fron~e ~d are~. ~on of p~: w~t by A. Gambino, e~ by ~p ~ole Drive, south by A. Co~, west by ~ep Hole ~r~. COUNTY OF SUFFOLK ) STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK 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 Zraveler-Mattituck Watch- man once each week for ......... weeky successively, commencing on the .............. /.~-~ .................. day ' ~' of .......... ........................... ....... Sworn to before me this ......... ./.....~....... day of ............ Notary Publtc ~/ 8:30 P. l~f. (E.D[S.T.), upon' application of Anthony and Grace Gambino, 55-24 84th Street, Elmhurst, New York, for a variance in accordance with the Zonir~ O~inance, Article III, Section 300, and Article X, Section 1000A, for permission to set off lot with less than required frontage and area. Location of property: west side of Deep Hole Drive, l~.attituck, Hew YorP~ bounded north by H. Browi, east by Dee~ Hole Drive, south by D. W. Hawkir~, west by Deep Hole Creek. 8:45 P. M. (E.D.S.T.), upon. application of Henry Bischoff, Ruch Lane, Greenport, York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 303, and Article X, Section IC~0A, for per- mission to set off lot with than required frontage and area. Location of proper~y: east side of Ruch Lane,, Greenport, New York, bounded north by S. Van- derbeek, east by ¥. Ruch, south by other lands Of the applicator, west by Ruch Lane 9i00 p. M. (E.D.S.T.), upon application of A. Reilly & Sons, Mattitack, N'ew York, a/c Burr l~cConncl], 2O Weaver Drive, West Amityville, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 304, for permission to build new one family dwelling with reduced front yard sotback~ Location of property: north side of Smmd Beach Drive, Captain Kidd Estates, Lot No. 33, Matt- ltock, New Yorl~ Any per,on desirLt~ to heard on the above applications should appear at the time and place specified. DA'i'~: OCTOBER 2, 1989, BY ORDER 01~ THE SOUTHOLD TOWN BOARD Ol~ APPEAI~ IT--16 LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordin- ance of the Town of Southold, Suf- I folk County, New York, public hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, October 23, 1969 on the following appeals: 7:30 P.M. (E.D.S.T.), upon appli- cation of Harry and Evelyn Mearns, .Route 25, Orient, New York, for a,pproval of access to private road m accordance with the State of N ' ew York Town Law, Section 280A. Location of property: private right- of-way of[ north side of R~ute 25, Orient, New York, bounded north by L. I. Sound, east by Deidrick, south by H~we, west by land of cation of Herman Poucher, Camp i~Rneola Road, Mattituck, New york, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Sec- tion I900A, for permission to divide lot with insufficient area. Location of property: west side of Camp Mineola Road, Mattituck, New York, bounded north by Howell Estate, east by Camp Mineola Road, south by other land of applicant, west by private right-of-way. 8:00 P. M. (E.D.S.T.), upon appli- cation of 'Catherine Llewellyn, Ole Jule Lane, Mattituck, Hew York, for a variance in accordance with the Zoning Ordinance, Article III, .Section 303, and Article X, Section 100~)A, for permission to set off lot with less than 100 ft. frontage. Lo- cation of Dro~oerty: west side of OIe J, ule Lane, Mattituck, New York, bounded north by other lands of applicant, east by Ole Jule Lane, soufh by Wm. Liebeekneeht, west by J. Zebroski. 8:15 P.M. (E.D.S.T.), upon appli- cation of Duane W. Hawkins, 9 Humphrey Lane, Blue Point, New York, for a variance in accordance with the Zoning Or<tinance, Article III, Section 303, and A,rticle X, Sec- tion 1000A, for permission to set off lot with less than required frontage and area. Location of , property: west side of Deep Hole . Drive, Mattituek, 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.T.), u~on appli- cation of Anthony and Grace Gam- bin(>, 55-24 84th Street, Elrnhurst, New York, for a variance in ac- cordance witi~ .the Zoning Ordin- ance, Article III, Section 300, and Article X, Section 1000A, for per- mission 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 N. Brewi, east by Dee~o Hole L~rive, south by; D. W. Hawkins, west by Deep Hole, Creek. 8:45 P.~VI. (E~D~S.T.), upon appli- cation of Henry Blschof[, Ruch Lane, Greenport, New York, for variance in accordance with the Zoning'Ordinance, Article III, Sec- tion 303, and Article X, Section 1000A, for p¢,rn~ssion to set off lot with less than required frontage and area. ~Gocation of prot~erty: east side of Ruch Lane, Greenport, New York, bounde~ north by S. Vanderbeek, east by V. Ruch, south by othe~ lands of the applicant, west by Ruch Lane. 9:00 P.~I. (~.D.S.T.), upon appli- cation of A. Reilly & SonS, Matti- tuck, ,New York, a/c Burr E. Mc- Connell, 20 Weaver Drive, West Amityvflle, New York, for a var- iance in accordance with the Zon- ing Ordinance, Article III, Section 304, for permission to build new family dwelling with reduced front yard setback. Location of prop- erty: north side of Sound Beach Drive, Captain Kidd Estates, Lot ,No. 33, Mattituck, New York. Amy person desiring to be heard on the above applications should ap- pear at the time and place speci- fied. DATa-,D: OCTOB~.~ 2, 1969, BY ORDER OF THE SOUTI-IOLD R. 1 IK, ? ss: J /~.%~.. ~.Y~-..~?. ..... being duly Sworn, Printer and Publisher of the SUFFOLK !wspaper published ut Greenport, in said lotion, of which the annexed is a printed ~hed in the ~aid Suffolk Weekly Times :lng on the ..~-*~c.. ~?.~/~.~...erf~.. ?..°~..i ..... TO,tN BOARD OF APPEALS F LAN( TON CORWIN I~O~M ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ~OT~'C]~ OF D~SAPPROVA~ PLEASE TAKE NOTICE that your application SateS ............ ~ permit to ~n~et ~.~...~ ..... at thc premises locates at .... ~...~~~ ~ap ............. ~ ........................ Block .........~ .... Lot ~ is ~e" ~,~r~-i~isapproved on the ;ii~2;~'~;"g~:2~n~ .~.~'.~~.~ .... ............ ~~'~...~~..~ ....... ~'.~ ..... ~..~.~.~.~.~..~....~ ..... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ^PP , NO./ / DATE ..... TO THE ZONING BOARD OF APPEALS, TOWN OF S~THO~, N. Y, ~ (We) .~..~...~h~...~.~e .......... of ....... '...~.~ ............................... ' .............. ~ame of Appellant Street and Number ~u~d .............................................................................. ~.~k..;....HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING I~SPECT~ ON .o ..................................... ..................... ..... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Subdivide lot leavtn~ re~tning portion in violation of Artclle IH, S ~03 1. LOCATION OF THE PROPER'FY ...Ru~h.L~ie....': .................. :'....411,..~1~,~,~1~1.f~.~,. .................... 'Street Use District on Zoning Map Iv~op No. Lot No. 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 Ordinance.) Article X; ~ 1000A and A~teile III: ~03 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 ~[(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 (t,6 A Variance to the Zoning Ordinance ( ) is requested for the reason that Applicant l~oposes to sell premises dlsc. r~bed in the attached contract and shown on the annexed sketch, retaining rifle ~o a lot, 40feet in width by 150 feet deep, on which there is an existing ~rage, used by applicants dwellin~ l~cated on the south,~d6 of ~uch Lane. · Form zB~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the parcel to be sold, excluding that which applicant desires to ~et~tn, is roughly 21,150 squ~re feet~ The overall size of the present lot is 27,150 square feet; as stated, applicants garage is on the north side of the road, and applicant lk~opoees to retain title to a lot 40~ ~c 150' on which ek~,e their garage is presently located, a total retained l~rcel of 6, 000 square feet. Aceess over Ruch Lane has heretofore been approved for other parcels. 2. The ha~dsh!p c?eated is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the intsntlon to retain title to the 40' x 150 foot parcel on the north side of Ruth Lane is solely because applicants garage is located there. The garage'was so located when applicant purchased the property , which was acquired in two separate parcels (sam,~ deed) in 1965. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the l~rcel to be sold has 21, 150 ellqlillesquare feet; the parcel to be retained is too small to be used a s a separate lot, and is used and will be used for an accessory building a~-d garden plot only (6, 000 square feet ). Both the parcel to be sold and applicants premises on the south side of Ruch Lane are among the largest parcels in the immediate area. STATE OF NEW YORK ) COUNTY OF SUFFO~) SS Sworn to this ................. tuber ~. ........................................................ ! 9 69 ~,CH ~ 000-t' ,1~1 ?0/ Parcel to be sold under attached conditional contract outlined in RED Parcel to be retained with g~,rage outlined in~ BLUE