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Home My WebLink About1299 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~NGBOARD OF APPEALS Appeal No. 1299 Dated October 23, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Irene Ford Sound Avenue Mattituck, New York at a meeting of the Zoning Board of Appeals on November 13, 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 (X) Request for a variance to the Zoning Ordinance ( ) DATE ~o~.em~er 13,1969 Appellant the appeal 1. 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 8:15 P.M. (E.S.T.), upon application of Irene Ford, Sound Avenue, Mattituck, 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 lots with insufficient frontage. Location of property: south side of Sound Avenue, Mattituck, New York, bounded north by Sound Avenue, east by Walter L. Williams, south by Railroad, west by Ag'way Inc. 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 or unnecessary 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 (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 ZONING BOARD OF APPEALS B~ttI/ N~ville, Secretaz~y Southold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to set off lots with insufficient frontage. The Board is in agreement with the reasoning of the applicant. It is a difficult area to zone properly. The requests is for over-~ized lots, not under-sized lots. the only variation as far as the Ordinance is concerned lies in slight reduction of frontage on Sound Avenue. This should not be taken to mean that the Board approves or disapproves of trailers. The Town Board has the ~lurisdiction over trailers and decides whether or not to renew permits periodically every 6 months. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardshi~ 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 district and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Irene Ford, Sound Avenue, Mattituck, Bew York, be GRANTED permission~t9 ~e~.gf~ lots with insufficient frontage as applied for on property located on south,side of Sound Avenue, Mattituck, New York. Vote of the.Board: AYES:~ Messrs: GilliSpie~ Bergen~ Hulse, Doyen~ LogU~ ISot J [RS, (lPm~-~PORT, Il. Y- FR' Iy. NOV~.MB~R 7, ,1969. 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- 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, Main Road, Southold, New York, on November 13, 1969 on the following appeals: 7:30 p.M. (E.S.T.), upon al~plica- tion of Lefferts P. Eels(m, Executor of the Estate of Kaspara E. Mulder, 51755 Main Road, Southold, New York, for a variance in accordance ~wit~ the Zoning Ordinance, Article ~ III, Section 303 and Article X, Sec- ti(m 1000A, for permission *0 set .off t lots with insufficient area. Location [ of property: southeast corner of [Fleets .Neck Road and Stillwat~r Avenue, Fleetwood Cove Map 1263, lot No.'s 13, 14 & 16, Cu~ch- o~ue, New York. 7:40 p.M. (E.S.T.) upon applica- ti(m of Mr. and Mrs. Russell Tuthill, New Suffolk ~Ave~ue, Mattituek, ~Tew YoPk, for a variance in accord- ance wit~ the Zoning Ordinance, Article I,H, Section 303, and..Article X, Section 1000A, for perm~s~on to set off lots ~ri,th insufficient frontage. Location of' property: north side of Center Street, Mattituck, l~lew ~i'ork, bounded north by other land 0f ~tic~ant, eas~ by.A. Buo~ianito ers. sout~ ~Y Center Street, west y' wilstx~ & others. 'I:50'P.~. (~.S.T.), upon aPpliCa- tion Of ltelmut I-lass, Beverllr Road. Sotltho~d, New york, for a special z~ing Ordinance,~ Article X,' Sec- miriam' to repair aUd re-consu'uc~ ~l~g non-~o~orming bund~ i~ (C~27), Pecoaic~'l~r York, by laird ~ ~-I~rd, south by ~ of the Comity ot Suttolk, wes~ oy ~00 P.M. (F_~S.T.), ua~m appnca- tion of Hex~ry J. Smith, Robi~soo [ proval of acce~ over private ng~l ~ of-way ia accordance with the state of New York Town Law, Sec- tion 280A- Locatio~ ot property; west side of Carroll Ave_uuer and east skle o~ Peconic La~e, peconic, New Yolk, ~l;~unded north by L.LR.R., east by Carsoll A~enue, sOUth by Linclsay; ~ith & others,. ~west ~y Peconic 8:15 p.M. (E.S.T.), u~9ou at>plica- tion of Irene Ford,. Sound Avenue,. Mattituck, New York, for a variance in accordance with the Zoning Or-~ dinance, Article III, Section 303, and Article X, Section 1009A, for per- mission to set off loha.wi~b~ cient frontage. Lecatio~ o~ erty: south side of Souart Auen~e, Mattituck, ~lew Yorl~. houndec~ n~th ~y Sound Avenue, east. b'y WaLter Williams, south by Railroad,. ~vest ~y Agway 8:30 p.M. (E.S.T.)~, ~ r~eari~ ~ Al~peal No. 1273, uDon~ ~m ~f Richard ahd MarjorX l~lallol~,, ning Road, tXlew Suffoll%. Neck' '~ork,. for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, for per- mission to locate private detached garage in sideyard area. Location of property: north side ot Fanning Road, New Suffolk, New York, )ounded north by George Tuthill, east ~by J. Mlynerzyk & others, south by Fanning Road, west by A. Tonacci. [.II, 1 .~K, } ss: '..~..~ ~ ....... being duly Sworn, Printer and Publisher of the SUFFOLK ~wsp~per published ~t Gr~nport, in ~d 8:45 P.~. (E.S.T.), upon ~phca- tion of J~es Kavanagh D/B/A ~Oti~, of which ~e anne~d is ~ prinl~ Crescent Beach Motel, Route 25 ' Gr~n~rt, New York, for a sp~ial hed in the ~d Suffolk Week~ Times exception in accordance with Zo~ Ordinance, Article III, Sec- tion 300, ~bs~ion 10, for ~rmis- sion to re-l~ato existi~ mis~ dir~t~l si~ on ~roperty of ~ Pup~ki. L~ation of prop- e~: south side of No~h ~ad (CR- 27), p~nic, New York, ~ded north by ~or~ ~ (~7), e~t by Mary T~r, ~th by ~dney W~ler, west by p~nic L~e. 9:00 P.M. (E.$.T.) a rehea~ng on A~e~ No. 1292, ~n a~tion ~ .Harry and Evel~ Me~ns, Route ~, ~nt, New York, for a~roval of aece~ lo priva~ r~d in a~ord- ance with the Sm~ of New York of pro~rty: pmva~ mght-~- Y off nor~ ~de ~f ~u~ 25, ~ient, ~ew York, b~nded n~ by ~nd ~ a~nt, ~st by DeifiC, s~ by H~ w~t by Brown r ......... ~ ............. week~ ing on the ...~.~.-.~...~[.~-~ .......... :his . ~../~.~.: .... I a k .......... 9.15 p~M. (~.~.T.), upon applica- tion of Richard Na~, Narrow River l?,oad, Orient, l~lew York, for a vari~ Ordinance, Article III, Section 303, than I0O it. frontage. Locat o ~ west side o1 Harbor Road, Orient, Ne~v York, bounded north by land of Nelson Douglass Estate, ~t by Harbor l~l, {south by Harold 'Dadso~, west by O~ient A~r persoia ~desiring to be heard m ~ above applications should ap- ~ at the time and place speci- ied. )A~ilD: ~ER 23. 1969 BYI ORDER OF TIlE souTI~OLD TOWN BOARD OF AppEALS ltN7 B:lb"P. M. (EST), UPoz{ appli- ' cation of Irene Ford, Sound Ave- nue. Mat~qck, New York, for a variance ~ccordance with the Zoning Ordinance, Article ~ction '3~, and i~icle X, Sec- tion 1009A, Jar permission to set eft l~ts with ins~icient 6~L ~0TI~ age. Location o~ property: south ~ide of ~d Avenue, Mattituck, ,TI~E OF HEA~INGS New ~ork, bounded north by COUNTY OF SUFFOLK STATE OF NEW YORK ss: Bo.'lrd oi. Appeals of thel~allol5r, Farmin~ P~ad, ~ew paper printed at SouthoJd, in Suffolk County; and that of Som'hokL at the Town Suffolk, New York. for a variance Mabz Road. Southold. ~ accordance with the zoot'the notice of which the annexed is a printed copy, has been 'ark. otz November l~, 1969 Ordinance, A~icle III, Section published Jn said Long island Traveler-Mattituck Watch- fel]mvtn~' appeals: ~, Subsection ~, for permission R~ES~) upon appli- to locate private detached garage /~{ al [ ',~e L~ P' Edsc,'~ ~xe in' sideyard area. ~cation of man once each week for ~~ /// , ".r r '. ' ", - , , ...... · ....... ~-.-~..~-,...,~..~.~:. wee~ ~he Es~Le of Kaspara'pro~Y: norb~ stye az F~nl~g ~ ~ ~[der 51755 ~a~ Road Road, New Suffolk New York su~e .... , .......... . _. /. ]d ~ew ~°Fk for ~ vaFi- ~o~nded north by George T~thfll, · accordance with ~he eas~ by J, ~lynerzyk ~ others, da ' ~-/ ~/ " / ~ Ordinance, Ar[icle III, south by Fanning Road, west by y O~ ........ ~g~.A ....... ~?.., o~,..prope~y: so~theas~ ~/~ZA gracchi Beach bf ~eets .~k ~oad and ~ouie 25, Green~rt, Ne~ ;er ~vS~e, Fleetwood for a special exception in ~p No. 126~, L°t No.'s 13, ante ,with the Zo~ng Ordinance, ~, CUtch0gh0[ New York; A~icle HI, Section 3010, $~bsec- M. ,EST,, upon ~Pplt~ tion ~0, ~o~ per~ssion to ze- a~ ~r. ~ ~trs. R~en locate ex~tin~ o~-p~emtses dj- Sworn to before me this day of Ne~' Suffolk Avenue, zeotional si~ on p~opezty of secord3T~ce wi~]t [tie Zon- e~ty: south side of North Boad ....... ' j~ ¢C ~ 2~), P~onic, ~ew Uork, ][n~nce, Article III. Sec- ~'md Azctcle ~. ~ection ~ded no~h b~ ~o~th Jar permission Lo ~e~ off so~h by Sidney W~er, west by ,th [m,u[~[ck:.nt' frontage. or p"oi~m'ty' north, side Peco~c ~ne. SLrem. ?,iaidl'uek. New 9:~ P. ~. (EST), a rehearing ........... ...... no ...... her on Appel No. I292' u~n ' .... A'C~%~°n of ~ar~ .and EVe]~ ~p~uoan% eas~ Dy . · "' rs . . ~earn~, Route 25 Orient, New itc ~ o~ne , sou~n Dy ' . ~D~L~ '. ; ...... j~ork, for approval of access ~o .Notary PuhJ~c, of ~ree~ wes~ ~y Wi~snusen . New [ ' : ' , ,private ro~ ~ accordance ~th State ~esidi~g [~ S~,ff0~k CoLmty ~'~ ' ' .... ; I' the Siate 0f New York Town N0. 52-304i~)00 l~ (~'z'), upon app 1- 2~.. 7.:J. -- . : ~w, Sec%ion ~A. Location of Comm~ssio~ [xp~res March 30, 1971 ~mmu~ ~ass ~everiy[ ...... gL k f ~ope~y: Drivate right-of-way ~O~Oi~, l~ew ~Or or ~ exception m accord- N ...... ' '- ~, .....o.:..,...]C.h]n..,.c, land of ~plic~t, e~ by ~id- ~'?U t':. OLI .I (j()~. :t,I. [07 p{i~[~..J()i'~ L'~ ~zth side o£ ~Torth ~oa~ f7) Peconic New York · norlh by North Road 0, eas~ by land of Hub- outh by lands of the of Suffolk, v;es~ by o~her ~ th~ applicant. '. ~. (EST), upon appli- ~ Henry J Smith, ~obin- New York, bounded no~h by 'rd, Feconic, New York, land of Nelson Dongl~s Estate, · oval of access over pti- eas~ by ~ar~r ~oad, south by ~old ~on, w~t by O~ent t,of-way in accordance ~ state of ~ew York ~Y- - ~w, Section 230A. L°ca- ~y ~rson desiring to property: west side ofkeard on the above applicatio~ kvvn~u~. ;n~d ca,.~' side o~ houl~ appear at the time and ] :uno. P~t c~Ht.. New lace unded. ~orth by L,[.R.R., ~k~D: ~TOBER 2~, 1969 p~il Aven~e, 'south by ~ ~Y o~DE~ OF ~E ~Smith & others, ~est[ $OU~O~ TOWN ~ic Lane ..... J BOA~ OF APPE~S Brown & others. 9:15 P. 2vL (EST), upon appli- cation of Richard Nagy, Narrow River Road, Orient, New York, for a variance in accordance with %he Zoning Ordinance, Article ~t, Section, 3~3, and ~ticle X, ~e~ion 10~A, for per.sion to di~de lo~ with less ~n 100 frontage. ~cation of ~ro~y: ~est side of H~bor Road, Or~ent, uant to Section _~67 of the Sound Avenue, east by Walter Lo Law and the provisions of Williams, south by Railroad, west C, Whiiney Booth, Jr., being duly sworn, soys aended Bill!ding Zone Or- by Agway Inc. :e of th(' Town of $outhoia. 8:30 P. ~. (EST), a rehearing that he is the Editor, of THE LONG iS~ND ~'g~untF. New York. pub- ~ Appeal ~o. 12~3; upon appli- T~V~L~R - MA~ITUCK WATCH~N, a public news- 1tines will bL~ held by !'ho cation of ~ichard ~d ~arjory FO~M ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL',ERK'S OFFICE SOUTHOLD, N. I~OTiC£ OF DISAPPROVAL File No ................................................................... Date .................. October 23 1.~ ,69 PLEASE TAKE NOTICE that your ,application dated Oct 23 59 for permit to ~~2~ ...... .d.~.v..~..d..e...~.o._t. ......... at thc pr~mises located at .... .S.'./.,~..~..o.l~.~...d, ........ Map xx ...Block xx ................................................................................ Lot ........... ~ ................................. is ~xl~i~fJ4~~~ disapproved on the followin? grounda Insifficient f~'ontage .... .~.. ~. ~.m~-...~,.~.~., ....... .~: ~...~. ~ !....s.~ s...~ 9.~. A..~: ~.~...~...2. ~.!...~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE -... .~ .. , Name of Appella,nt Street and Number ................. ~:'~f~t~..~.~..z2,.o.~ ...................................................... .1:~ZL..%...o.?..t% ........ HEREBY APPEAL TO Municipality State , // THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUlL TOR ON APPLICATION FOR PERMIT NO.. ................................... DATED .........../:'.~.,..~....~..,! ........ r: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (%) Name of Applicant for permit of ................. ................. .................... Street and Number .Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permi~ to subdivide 1. LOCATION OF THE"'PROPERTY .~.O:g.~h,.¢..gO..~...-~.Q~...4c.V..e..: ........ & .... ..~..e...s.~..~.e...z!~..~..a...L. ..... Street Use District on Zoning Map Mac No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sex,rich and Paragraph of thg/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 (~) (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 applicant wishes 1:o sell the eas~eriy portion 02 ~ 4 o£ her premises az~d re~a_,m the westerly por'bion~ ~he divisiom ii~e being shoee om attached map. Purther survey by Vam ~uyi is beimg made ~o show buiidi~gs amd im_pro~emem~s~ Form ZB1 (Continue on other side) REASON FOR APPEAL Continued', 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIFbecause ~he property has been in, th±s status since prior o£ Preddie Lawson is located on the easterly portion. No change would be made simce applicant desires to sell this parcel to Lawsom. 2. The hardship created is UNIQUE and isnot shared by all properties alike in the immediate vicinity of this property and in this use district because Che oombined sJ_~e o£ -I;he' two parcels ~o the eas~ is smaller than my ~ro~ ~ ~ er~. ~he ~ro~er-by the wes~ o~med by Agwa'y~ is zoned '}Y Industrial. proper%y on She north side of So,smd A~fenue: o-oposi%e a,opiicamt property ms zo~eo_ B C~ercza~. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DI,STRICT because ±t wo'o~ld property or the neighborhood~ STATE OF NEW YORK ) ~-K.__~.. ) SS ........................... COUNTY OF Su££oik ) Signature Irene Pord Sworn to, this ............ .....;~.~X~.....~,. ................ day of ...... .O..~,,:..o..~..~ .......................... 19L~c~ Ix~6ta ry P~lic }~:~y PUBLIC, STATE OF NEW YOR, K No. ~.2-~%59000 Qualified in Suffolk Mro Wllliam Wickham, &ttorney }4sin Road MatZituck} 1970 Dear Sir~ I have received and reviewed the survey of property of Irene Ford, S/S Sound Ave., ~attituek, N.Y. by VanTuyi,~ated ~an2?~ 1970 This division was approved by the Board of Appeals with the understanding that there would be a five (~) foot clearance 'on the easterly side of the two story frame dwelling. I have talked to the chairman of the Board of Appe,~ils this aorning and he is of the opinion that the line should be pusl~ed to the east far enough to make the five foot clearance from the fr~,~e dwelling as there will still be plenty of room left in the easterl2 1¢~. Possibly making the frontage on the westerly lot 8~ O~ 86 ft and the ! alance left in the easterly lot frontage. We think the original resolution as passed by the B, ard will be sufficient to cover this slight change in the footage. Please advise us of your finalarraingement as to th,~ 'divisLon of this frontage so we can record same on our records. '~our s truly Building Inspector LAW OFFICES WILLIAM WICKHAM MATTITUCK, lONG ISlaND NEW YORK li952 516~298-8353 January 30, 1970 Mr. Howard Terry, ~ilding Inspector Town of Southold - Sonthold, l~ew York 11971 RE: Irene Ford Dear Howard: I told your secretary that I would send you down a print showing the location of the buildings on the property. If you will compare with the map used for the variance, you will find that the house is very close to the line. Very cordially yours, William Wickham WW/mlf E~c. WILLIAM WICKHAM RICHARD F. LAR~ LAW OFFICES WILLIAM WICK HAJVl mATTItUCK, LONG ISLAND NEW YORK II952 516-298-8353 February 5, 1970 Howard Terry, Building Zuspector T~wn of Southold Southold, New York 11971 RE: Irene Ford Mattituck Dear Howard: Pursuant to your letter of January~st, I enclose final revised map. Very cordially yours William Wick_ham WW/m~f LAW OFFICES WILLIAM WICKHAM MAtTITUCK, LONG ISLAND NEW YOrK It952 516-298-8353 November 5, 1969 ~f Board of Appeals Town o£ Southold Main Road Southold, New York 11971 Gentlemen: .Appeal No. 1299 Enclosed herewith are prints showinc square footage the respective areas. WW/mlr Encs. of /t~E NE T Ff2OtR D /