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TOWN OF $0UTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APFEAL~
Appeal No. Dated 6/12~69
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
John R. McNulty, Esq. a/c Elizabeth Campbell
To
175 GrEffing Avenue t(ouros Road
Riverheads New York New Suffolk, New York
Appelant
at a meeting of the Zonin~ Board of AppeaLs on Thm:sday, June 26, 1969
was considered and the action indicated below was taken on your
( .) Request for variance due to lack of access to property
( ) Request for a special exeeption under the Zoning Oral--nee
~ ) Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of ~he Board it was determined that a s~)ecial exception ( ) be
~rantod ( ) be denied pursuant to Article .................... Section .................... Subsection .. .............. ;.... paragraph
.................... of the Zoning Ordinance, and the decision of the BulldinE Inspector ( ) be reversed ( ) be
confirmed because 8100 P.M.(E.D.S.T.), Upon application of John R. McNulty,
175 Grlffing Avenue, Riverhead, New York, a/c Elizabeth Campbell, Kouros
Road, New Suffolk, New York, for a variance i~ accordance with the Zoning
Ordinance, Article III, Section 306, for permission to construct dwelling
with reduced front yard area. Location of property: suuth side I~ouros
Road and~ west side of New Road, New .Puffolk, New York, bounded north by
Kouros Road, east by new road,, south by Go Kouro$, west by G. Iiottros.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties
hardshil) because
SEE REVERSE
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by ali properties
alike in the immediate vicinity of this property and in the same use district because
SBB REVERSB
(c) The variance (does) (dces not) observe the spirit of the Ordinance and
change the character of the district because
~ RBVERSE
(would) (would not)
and therefore, it was further detemined that the requested variance ( ) be granted ( ) be denied
and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
FORM ZB4
After investigation and inspection the Board finds that the applicant
requests permission to cnnst~ct a dwelling with reduced front yard area.
The Board finds that the applicant has frontage On two roads, The applicant
is requesting a reduction of setback On a private right of way, shown as
a proposed road. A condition of granting this application is that the
front yard setback must be 45 feet from Kouros Road and at least 25 feet
on the easterly llne from the proposed right of way; a~d there must be
at least ten feet side yard on the westerly ~ide.
After investigation and Inspection the Board finds that strict
application of the Ordinance would produce practical difficulties or
unnecessary hardship; the .hardship create.,d ~ ~que. ~nd would not be
shat'ed by all properties ~!ike in ~he imm, ali. ate v!oinity of thls property
and in the same use district; and the variance ~.will not qhange the
character of the district and-will obse~xve the .splri~t of the Ordl~nance.
Therefore~ it was~ RESf~VED .John R~ McNu~ty'~ i75 Griffin Avenue,
Riverhead, New York~ a/c ,Elizabeth Campbell ~ Kouros Road, New ~Suffolk,
New York, be granted permission to construct dwelling with reduced front
yard area, subject to the above mentioned conditionst Location of property:
south side Kouros Road, and west side of new road, New Suffolk~ New York.
~ LEGAL NOTICE
Notice of Hoa~%l~ '
I ~t to ~ti~:~f the
, TOwn Law and ~provisi~of the
a~emied Building ~ZOne Old,lance
of the Town of Southold, Suffolk
~County, 2qew York, public hearings
t wili be held by the Zoning Board
of Appeals of the Town of South-
old, at the Town Office, Main Road,
I Southold, ~ew York, on June 26,
i 1~69 on the fo]lowing appeals:
7:30 P.M. (E:D.S.T.), upon appli-
cation of Donald L. Smith, North Sea
Drive & Ke~ny's ~R~ad, So~lthold,
New' York for a special ex~epti0n'
li.n. accordance with the ~l,g Or-
dinance, Article III, Section ~00,
.~ubsection 10, for ~on to
'erect an off premises direcUoBal
,sign. Location of ~re~erty: land of
C. W. Booth, south side ~of ,Middle
l~oad (C1~27), Southold, New York,
bounded north by Middle Road
(CR 2~), east by Tucl~ers Lane &
others, south by railroad, west by
W. E. Hufe & others.
7:40 P.M. (E.~.$.T.), upon appli-
cation .~ J. T. Dimon, Ruth Lane,
Green~'~ New York, ~l( a ~variance
in acc,~ce avith ~.Zoning Or-
dlnall .~.~..,~r~.~cle II'I,*~e~ection 300,
~t~bsec~i~, for pe[misston to
erect accessory building in front
yard area. Location of propert~
west side of private road (Ruch
Lane), Greenport, ~ew York,
by E. Toan, east by
hounded
north
private road (Ruch Lane),'~outh by
right-of-way, west by Arshamom-
ague Pond.
8:00 P.M. (E.D.S.T.', upon appli-
cation of John R. McNulty, 175 Grff-
ting Avenue, Riverhead, ~Iew York
a/c Elizabeth Cam~beli, Kouros
~oad, ~lew Suffolk, New York, for
a variance in accordance with the
Zoning Ordinance, Article III, Sec~
tion 306, for permission to construct
/lwe~ing ~rith reduced front yard
area. Location of property: south
side Kouros Road and west side of
~ew road, Cqew Suffolk, New York,~
bounded north by Kouros Road, east
by new road, south by O. I~ouros
west by O. Kouros.
8:15 P~M. (E~D.S.T.), upon appl/-
cation of Port of Egypt, Main Road,
Southold, Hew York, for a special
ex~ition in acqordance with the
ZOning Ord/nance, Article IV, Sec-
tion 408, Subsection (a), for per-
mission tO replace a roadside direc-
tional sign. Location of property:
north side Main Road, Lot No.'s 13
to 16, Ma~ No. 539 C. L. Sanford
/~rick Co., ~Southold, 1New York,
b~unded north by L. L Railroad,
east ~by Koke, south by Main Road,
west by Oates.
8:30 P.M. (E~D.S.T.), upon appli-
cation of Alexander & Harriet
Scott~ 286 Ivy Avenue~ Westhury,
~qew York, for a variance in accord-
ance wi~h the Zoning Ordinance,
Article III, Section 304, and Article
III, Section 308, for permission to
bnild new one family dwetiing with
reduced front yard setback Loca-
tion of property: private road on
west side of 6th Street, Greenport,
~ew York,:bounded north by W. H.
Braun, east by Village Line, south
by F. C. Ashby, ~vest by private
road.
Any person desiring to be heard
on the above applications should
appear at the time and place above
specified.
.DA'J~.~D: JD-NE 12, 1969, BY OR-
DeR OF TH~ SOUTHOLD
TOWN ]~OARD OF APPEALS
ltJu20
**K, ]
~RK, ~ ss:
· ~P~. ~ ..... Being duly Sworn,
Printe~ und PuBlisher ~f the SUFFOLK
ewsp~per pubUshed ~t Greenpoft, in s~id
notice, of which the ~nnexed is ~ printed
ished in the ~id Suffolk Weekly Times
~ ......... ~ .............. week~
.cin~ on $~e . .~ ........
.........
this . ~n ~.'.. I
F.[.AN(;TON CORWIN
qotarv t'ublic, State c New York
Suffolk Co. Official No. S2~)??0.500
Commission Expires March 30, 19,.,,,
by O. ]~ouros, ~eest by 0 ~otu~',
8.~6 P. M. ~B~I'), upon
COUNTY OF SUFFOLK
STATE OF NEW YORK
C. Whitney Booth, Jr., being duly sworn, soys
that he is the Editor, of THE LONG ISLAND
TRAVELER - MA'rI'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-
each week for ......... (-~,,~/Z~:-...(.-.g/ weeks
man
once
............ ....
Sworn to before me this ....... ~..~. ........ day of
... //~-~ -Z.:-~: a;¢: ....... , 19..~'~;x..~-.~
............. ...........
ADELE PAYNE
Commission £xpi;es March 30, 1971
~O~M ~0!. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
~OTiCZ OF DISAPPROVAL
File No ................................................................... Date .............. .~ ..... !._..~. ................. 19.~..~.'
...... ; .... ~'""'"~'")~)'T~ ..... ~ ...................... v .... ~ ~
~. ~ ~ ~ ~ ~/~-~ .......
~...~/:.~..~~....~.~ Street ~~~ ~
t-~urn~]c~'owith ~nd disapproved on the ~o]lo~n~ ~rounds ....... ~~ ......
............. ~....~.~.~ ..... ~ ....... ~.~..~..~.~ ............. ~~ ................
..... ~ .... .~..~.~.....~..~..~ .........................................................................................................
NO. I
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Examined ........................................ , 19 ........
Approved ............. ,. ..... ' ................... , 19 ........ Permit No .............................
Disapproved a/c ..............................................................................................
Application No .............................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
......... .................... , ....
I NSTRUCTI ONS
a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building
Inspector.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application
c. The work:covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the progress of the work.
e. No building sh.all be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of~ Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, aj;~th.er applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for~4~j~val or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, buijJ~nj;~~~sing,,code, a~nd regulations.
..... .....
................. .............................
State whether applicant is owner, lessee, agent, architect, engi.n'eer, general contractor, electrician, plumber or builder.
Name of owner of premises ......... ~,~.~.~..~...~.~...~..~.~ ........ ~...~.,~...~....~././. ........................................................................
If applicant is a corporate, signature of duly authorized officer.
(Name and title of Corporate officer)
Location of land on which proposed work will be done. Map No.: ........................................ Lot No.: '
Street and Number .......... ~-'~f).~.~...~'..~...~.....~~....~.../. .... ~J.~..q)....'.....~....~...~.'l.~..~..,~/.%..~.~. ........ · .....................
Municipality
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Ex sting .use and occupancy .....' -- '~''...X¢...~..~ ........ ~/~c~:~:~~:~```~:~~]~._..-
b. Intended use and occupancy ................. ,~,, 4~.,,',~, ......... :~,, ~,,, J~.x¢ ~/~' ~--'f~,r //? '"
8. Nature of work (check which applicoble): New Building ........... Addition .................. Alteration ..................
Repair .................. Removal .................. Demolitior- ..................Other Work (Describe) ........................................
4. Estimated Cost ....... ..~....~..~-.....-J~... .......................... Fee ..........................................................................................
(to be paid on filing this opplicotion)
5. If dwelling, number of dwelling units ...... ..~...~...~-- ....... Number of dwelling units on each floor .(~.~..~,~ ...............
If garage, number of c~rs ..... .~O...~....~. .........................................................................................................................
6. If business, commercial or mixed occuponcy, specify noture 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 alterations or additions: Front .................................... Rear ............................
Depth ................................Height ............................Number of Stories ................................
8. Dimensions of entire new construction: Front ......... .7..~.. ................... Rear ....... ..~.......~.. ........... Depth .....~.....~. .............
Height .................... Number of Stories ...;...~..~.~ ........................................... ~-~ .....................................................
Size of lot: Front .......... .(~..~.:~.~....., Rear .../..(~.~. ................... Depth .....('..~.....~.. ................,,
9. Date of Purchase ........... ~./~.~-Z~-.~· ....................... Nc;me of Former Owner ~.l~.//ll~'.~..~...0./,(~.~..~.
1 1. Zone or use district in which premises are situated ..~. ..............................................................................................
12. Does proposed construction violate any zonina law, ordinance or r. egu~c~ior??,-,~...~..~. .............................................
13 Name of Owner of premises .~..~..~...~.~/./^ddress .K~..~....q/.e.~..'('~.~...~.c..~'~ Phone No .....................
Name of Architect ................................... -~ ................. Address ................ :.;...,: ............. '~"7:' Phone No .....................
Name of Contractor ....g/~..l~-~....T.-.......-~...~/[.~. ...... Address ...~.~L~'~.C ./~'...~..~.....~..~-.. Phone No .....................
PLOT DIAGRAM
Locate c early and distinctly all build ngs whether existing or proposed, and indicate all set-back dimensions from
property lines. Give street and block number or descr pt on according to deed, and show street names ancl nd cate
whether it~terior Or corner lot.
STATE OF NEW ~'ORK, ,.
COUNTY OF ...._S'.~.E-.J~IS, .......... ~ ' '
16 .~ ~,(~L~,~..-/~ ~ngduy.orn, d~os an sayst he is t~ applicant
(Nome of individual signing ~licotion7
',, ........................................................... .................. : ........... ......... :": ...............
of sa d owner or owners, and is duly authorized to perform or h~e perfor~ th~id work and to rake ~ file
this application; that a statements contoined in this appliCation are tm~o ~e ~st of his knowl~ge and belief; and
that the work will ~ performed in the manner set fo~h in the applicati~fil~t~e~h.
Sworn to ~e~e me this
..........................
APPEAL FROM DECISION OF BUILDING INS, ~.CTOR
TO THE ZONING BOARD: OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. /~/'
1, (We) ..¢..0~,. ~.,.:.]~N. ul~y .................... : ....... of ....17.~.. ~.=-~ Cf. iz~..&=e~ ~ ........ ~ ...............
Name of Appella,nt . Street and Nu~mber
........... ..~.~..~..e...~.~.e..§~.~..:,. ................................. i ................ i.... ....N.,.~. ............... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUtL~ING/IN.SPECTOR ON
APPLICATION FOR PERMIT NO ................................. .... DATED .......... .~.I~....~C. Li.~..f. ........ ...............
WHEREBY THE BUILDING I~SPECTOR DENIED TO
........... E
.... a m e ; A ¢ c o ; 't" "C i t ...............
Street and Number Municipality State
( ) PERMIT TO USE,
( ) PERMIT FOR OCCUPANCY
(Z) ?Fn~Z¢_IT TO BUILD
1. LOCATION OF THE PROPERTY ....~..o...~..~.~..l~..o.~..~.~,..~..e..~....¢.~C,~..o.~¢...}~Z ........... ~ .......
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 the Zoning Ordinance by number. Do not quote the Ordi.nance.)
Art III Section 508
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 ~;:B~(ha:s 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 the owner of the subject premises wishes to
erect a dwelling house but is experiencing practical difficulties
because of the size and location of the lot and the proposed house
and attached garage and needs a reduction of the side yard which
under the ordiance is deemed a front yard because of a corner lot~
l~orm 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 owner purchased the lot on August 30~ 1958
prior to the adoption of the Zoning Ordinance. The ..lot is a corner lot
wh~c,~ as ye t
at the intersection of Kouros 'Road and a proposed road ~ '
had not been opened, improved or dedicated° The ordinance requires
a 05 foot set-back from the proposed road, however the proposed 5
bedroom ranch house with attached ge. rage wzl~ not ~it on the lot
~less the front yard fronting on the proposed road is reduced to 28 feet~
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 petitioner purchased the lot
prior to zoning~ this is a corner lot with a greater frontage on the
~uimproved road than on the improved road~
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because by keeping the garage attached to the
ranch~house~ property values will be retained or increased. The
reduction of the front yard on the unopened street will only affect
approxima, tely ~ or $ lots~ The unopened street will not be a major
thoroughfare and Kouros Road is not a busy street or t~hroughfare~
STATE OF NEW YORK
) ss
COUNTY OF ~tT~OL[ )
Sic
S· 1~ , · JU~
worn to this ......... ..................................... aay or ........................................................ 1989
.................................... : ......................... :, ~E ~. 8 G. T~R~y~ ~
Notary P~i]~"~' ~or_,~ ~uc, s,.~. o~ ~. ~
Residing in Suffolk County
No. 52-3954850