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Home My WebLink About1288 TO~ OF SOUTHOLD, ~EW YORK ACTION OF THE ZOninG BOARD OF APPEALS Appeal No. 1288 Dated September 19, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Anthony & Grace Gambino 55-24 84th Street at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due fo lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ~ Request for a variance to the Zoning Ordinance ( ) DATE Octob.e~.23, 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 8:30 P.M. (E.D.S.T.)s upon application of Anthony & Grace Gambino,. 55-24 84th Street, Elmhurst, New Yo~k, for a variance in accordance With the Zoning Ordinance, Article III, Section 300, and Article X, Section 1000A, for ~ermission to set off lot with less than required frontage and area. Loca,tion of property: west si~e of Deep Hole Drive, Mattituck, New York, bounded north by H. Brewi, east by Deep Hole Drive, south by D.W. Hawkins, west by Deep Hole Creek. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (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 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 confirmed ( ) be reversed. FORM ZB4 After ~nvestlgatlon and inspection the Board finds that the applicant requests permission to set off lot with less than required frontage. The Board finds that the original owner divided these lots before the Zoning Ordinance in such a way that they were in single and seperate ownership. Therefore the Board feels that attention should be called to the fact tha~the errbrs that caused this confusionwere committed prior to the enactment of the zoning ordinance. The Board feels that the applicants have m~t acted in bad faith ~ut in ignorance of the zoning laws. The rest of the property is the surrounding area is divided in the same way and the area is sufficient for each of these lots. The Board finds that strict application of the Ordinance would 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 notchange the character fo the neighrborhood and will obserVe the spirit of the Ordinance. THEREFORE~ IT WAS, RESOLVED Atthony & Grace Gambino, 55-24 84th Stree~ ,El~ahurs~, New--York, be~GRA~T~permission to set off lot with less than ,required frontage as apPlied~for on property located on west side of Deep Hole Drive, Mattituck, New Yorke Vote of the BoaXd:,Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. Legal Notice Page -2- Llewellyn, Ole Jule Lane, 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 lot with less than 100 fto frontageo Location of property: west side of Ole Jule Lane, Mattituck, New York, bounded north by other Aamds of applicant, east by Ole Jule Lane, south by Wmo Liebecknecht, west by Jo Zebroskio 8:15 P. Mo (EoDoSoTo), upon application of Duane Wo Hawkins~ 9 Humphrey Lane, Blue Point, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 303~ and Article X, Section 1000A, for pormission to set off lot with less than required frontage and areao Location of property: west side of Deep Hole Drive, Mattituck, New York, bounded north by Ao Gambino, east by Deep Hole Drive~ south by Ae Corte, west by Deep Hole Creeke 8:30 PoMo ~oDoSoTo), upon application of Anthony and Grace Gambino, 55-24 84th Street, Elmhurst, New York, for a variance in accordence with the Zoning Ordinancet 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 Depp Hole Drive~ Mattituck# New York# bounded north by Ho Brewi, east by Deep Hole Drive, south by DoWo Hawkins, west by Deep Hole Creeko 8:45 P°Mo (E.D°SoTo)~ 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 LEGAL NOTICE Notice of I~earings Pursuant to ,Section 267 of the Town L~w and the provisions of the amended Building Zone Ordin- ance Of the Town of Southold, Suf- folk County, New York, l:mblic hearings will be held by the Zon- ing Board of Ap~peals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on October 23, 1969 on, the following appeals: 7:30 P.M. (E.D.S.T.), ~on appli- cation of Harry and Evelyn Mearns, ~Route 25, Orient, New York, for approval of access to private road in accordance with the State ~rew Yerk Town Law, Section 280A. Location of property: private right- . of-way off north side of Route 25, Orient, New York, bounded north ~ by L. I. Sound, east by Deidrick, isouth by Howe, west by~ land of ap~l/oant. 7:45 p.M. (E.D.S.T.), Up~n~ appli- cation of Herman Poucher, Camp Mineola Road, Mattituck, ~rew York, for a variance in accordance~ with the Zoning Ordinance, Article~ III, Section 303, and Article X, Sec- tion 1000A, for permission to divide ~ lot with insufficient area. Location[ of pro~erty: west side of Camp Mineola Road, Mattituck, New York, bounded north by )Iowell Estate, east by Camp Mineola Road, south by other land of applieant~[ west by private right-of-way. 8:00 P. M. (E.D.S.T.), upon appli- cation of Catherine ~, Jule Lane, Mattituck, ~' '~ork, for a variance in accordance with the Zoning Ordinance, ~rticle III, .Section 303, and Article X, Sect/on 1000A, for permission to set off lot with les~ than 100 ft. frontage. Lo- cation of pro~erty: west side of Ole J,ule Lane, 1VIa'ctituck, NeW York, bounded north by other lands of applicant, east by O!e Jule Lane, south by Wm. Liebecknecht, wast by J. Zebrc~ki. 8:15 P.M. (E.D.S.T.), upon april- cat/on of Duane W. Hawkins, 9 Humphrey Lane, Blue Point, New York, for a v~riance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Sec- tion 1000A, for permission to set off lot with less than required frontage and area. Location of pr(rperty: west side of Deep Hole Drive, Mattituck, 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.), upon appli- cation of Anfhony and Grace Gam- bina, 55-24 84th Street, E]mhurst, New York, for a variance in ac- cordance with 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. L~cation of property: west side of Deep Hole Drive, Mattituck, New York, bounded north by N. Brawl, east by Deep Hole D,rive, south by D. W. Hawkins, west by Deep Hole Creek. 8:45 p.~I. (I~.D.S.T.), upon appli- cation of Henry Bischoff, Ruch Lane, Greenport, New york, for a variance in accordance with the Zoning Ordinance, Article III, Sec- t/on 303, and Article X, Section 100o~, for p(~rmission to set off lot wi less than required frontage ana area. Location of pre, arty: ~ast side of Ruch Lane, Greenport, Ne York, bounded north by S. ~a,._erbeek, east by V. Ruch, south by other lands of the applicant, west by Ruch Lane. 9:00 p.rNI. 0~.D.S.T.), upon appti- ! cation of A. Reitly -& Sons, Matti- tuck, New York, a/c Burr E. Connell, 20 Weaver Drive, West Axnityville, New York, for a var- iance in accordance with the Zon- ing Ordinance, Article III, Section 304, for permission to build new one family dwelling with $educed front OLK, ] 'ORK, ~ ss: J .~.,.. ~~. being duly Sworn, is Printer and Publisher of the SUFFOLK' newspaper pubtished at Greenport, in said yard sefback. Location of prop- erty: north side of Sound Beach Drive, Captain Kidd Estates, Lot , notice, o! which the annexed is ~ l~inted ~o. 33, Mattituck, New York. A~y person desiring to be heard [[ished in the s~id Suffolk Week~ Times on the above a~cations should ap- ~ar at the ~me and place speci- fied . ~: ~TO~ 2, 19~, BY [~HClng OR ~e . ~~~ .... TO~ ~O~ OF APPE~ · ....... ~w~n to ~f~e me this .~.1.~ ~ay of ..... ~k... .............. . ............... Suffo ~ Co. Official No. 52-0770500 ;.remission Expires Marc ~ 30, 19.....'7[ NOTICE OF HEARINOS Pursuant to S, eL~u _.~7 .,~ Town Law and ~ho ~rovis~o~ ~th~ amended BUilding Zone ~nance o~ the Town of ~outhold. Suffolk County, New York, public hcarin~ ~!1 bc he~d by the Zonin~ ~oard of A~)peais ef the To,wn o~ Souihoi~, ai. Town Office. Main ~o~,~fl. South- old, New York. on October 23. 1969 on the foliowin~ a9~ala: ~:~0 P. M. fE.D.~.T.), upon application of Ha:Ty and Evelyn ~earns. Route 25. Om~ent. York. fer approval of accesr private read in accordance ~he State of New York Town Law. Section 280A. Locution property: private flu'hi-of-way off north side of ~oui:c 25, OrienZ. New 'York, bounded north by L. I. Sound, ess: by Deidrick. south by Ho,we. west by lard Camp Mineola Road. Maftitl.!c~. New York. for a varia~co accordance with ~ho Zoninf¢ Of d~nnnce, Article ~. Section and Article X. Section 1000A 'for permission to divide lot wifh sufficient area. Loaai:ion cf prop- e~y: west side of Camp Mineola Road. MaiMtuck. New bwmdefl north by' Howell ~staie, ea~ by Camp r,i!n~o!a ~oad, seulh by other land of appliu~,n~, west by private ~!2'hl-of-way. Z;{)C. P. ~'f. ~,E.D.S/Y.~ upon ?.J:'atlon el Cal.!lcri~;c Z,io~c,llyn. Qio .TaLa Lane, l!atlltuck. New Ybrk, ior a variance m accord- a',~cc' ~vilh ~hc zenill~40rdina!}ce. ArL'lc!e TI!, Section 393. and! A~ ..ie!e X. Sec~ien ~000A. mr per.-; m~ssion Lo se~ off io~. with h'~; ;hun !00 ~i'. i'ron!a~rc. Localion o~, prcpcri'l': west side of Ole Ju!e'. Lane. 2,.ia ~t huck. New York. boLinded nofl.h by o[:her iai!ds COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a punic 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 Tmve{er-Mattituck Watch- man once each week for ....... ~~.~..Cff..~... wee[~ successively, commencing on the ................. .ff....~.. ............... ........... Sworn to before me this ......... Z.../~. ..... day of ........ .......... ,, 8-:30 P. M. application of Grace CombinG,' 55~24 84th Street, Elmhurst, New York, for a variance in accordance with the Zoning Ordinance, Arti.clc~ HI, Section 300, and Article X, (E.I~.T~), Anthony and Notary Public. Sta~e ~f New Eesidiog n Suffolk County No. 52-3041003 O0mmissioa Expires March 30, 1971 9:00 ~. ~.' (~:~.), ~pon application of A. R~lly & Sons, a. pp! ie'.:w.t.. sou'~h by 'iVP, l. Liebecknecht. bv J. Z. cbroskL upplicalion of D'QaEe W Haw~r~% 9 Htil'l~i:)brcy I.a:~c. Z3iuc PoinL :<er.- York for a variance in uorda~ce wi~h the Zoning Of dhmncv. Article ITL Sect'ion 3C3. and Z,rticle X, Section !000A. ~'ov pcrmi-sicn to ;sz~!. off ioL with h.:~ than required area. l.ec:d ion si~e of i~ucx. Xew York. bounded north for permission }6. Mattituck, New YOrk; a/c Burr E. set off lot with less than requir~ed MeOonnell, ~0 'WeaVer --Drive, frontage and area. Location of West Amityville, New .York, for proPer~y: west side of Deep a variance in accordance ,with ~ole Drive, Matt'ltUCk, New York, the Zoningo' Ordinance, Article bounded north by H. Brew4 'east Ill, Section 304. for 'pem~is~ion by Deep Hole Drive, south by · to build new one _r'amilv dwellin~ W. HawkinS~ ,west 'by Deep Hole with reduced front yard setback. Creek. 8145 P. M. (E.D.S.T.), upon application of Henry Bischoff, Ruch Lane, Oreenpor~, NeW York, for a variance in acCord, once with the Zoning Ordinance, Article III, Section 303, and Article. X,~ Section 1000A, for per- mission to Set off tot with less than required frontage'and area. Location of property: east ,side of Ruch Lane, .Greenport, New York, bounded north by Si Var~- derbeek, east by V. l~uch, south by other lands of the applicanti west by Location of: property: north side of S0und Beach"Dfiye, 'captain Kidd Estates, Lot-No. 33, Matt- truck, New York. Any Del-son desiring to be heard on the ab°Ye ap-plications should apPea~' at the tim~: ~nd place specified. DATED: OCTOBER 2, -1969, BY ORDER OF THE SOUTHOLD TOVJN BOARD OP APPEALS 1T~16 vow. or sou .oL...Ew o.K APPEAL FROM DEC,S ON OF BUiLDiNG ,NS?ECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. AlWTHOt~f GAMBINO & 1, (We) ..G~k~.~...G~$~.~0 ................................. of ..5.5..-..E.4....~.4.~h.. $..t.r.~..e..t,...~ l~.h..u..r.s_.t..,.. 3?.: Name of Appella,n.t Street and Number ....... .~...!..m...h..u...r..s...t.~.'....Q..u...e..e..n...s..{ ................................................ .~.,:...:~.:. ............. HEREBY APPEAL TO ~ Municipality State THE ZONING' BOARD O'F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 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 W/S Deep hole Creek Drive - "A" Dist. 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.) ~T. III Section 303 & ART. X Section 1000A 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordin.ance 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 ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applicantS' purchased subject premises under the impression that same was a legal building plot. Applicants thereafter improved the building with electric heating, new walls and ceilings, etc. at a cost of over $~,000.00. Applicants then made application for a mortgage to the Southold Savings Bank~ to obtain f~nds ~qd was denied because of discovery of within violation. Z~orm z]~l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because under the present ruling the applicants are denied the mortgage loan which is needed to satisfy personal obligations incurred to make aforesaid improvements. Further~ applicants will not be able in the future to sell the premises and recover their investment. Applicants purchased premises on the 5th day of May~ 1969. The title examination revealed title derived by the vendor~ Duane W. Hawkins from one Marian Ao Hawkins~ by deed dated 6/17/66. in addition to aforesaid~ applicants have been served with an Order to remedy violation and to comply with the law by the' 25th day of September~ 1969. 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 becouse the applicants purchased the subject premises from Dne Duane W. Hawkins of 9 Humphrey Lane, Blue Point~ N. Y. who erected ~he existing dwelling. Mr. Hawkins purchased the within parcel in 1959 as an individual unit, He thereafter purchased the parcel adjoining on the south~ not realizing that under the present zoning ordininces the acqisition merged with his original purchase. The applicants purchased the subject premises in good faith~ not realizing that same was undersized nor knowing that Mr. Ha%~kins owned the property adjoining on the south~ This was a legal plot~ and would have remained a legal building plot, if ~ir. Hawkins had not purchased the parcel to the south. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the premises adjoining on the north is a lot of comparable size, and other parcels on the west side of Deep hole Drive are undersized parcels under the present code. STATE OF NEW YORK ) '~ ) SS COUNTY OF ~ueens~ ) ' 19 th September Sworn to this .............................................. : day of ........................................................ ]9 ~ .//. .... >A.,..h~. ....... ~ ............. ~..?;fi ..... L?7.,. :.. ~. :~ ............ // /~ Notary Public N~ARY ~C, ~te of New Y~R ~o. ~0.~31~60 ..... ................... Signature 69. FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLDo N. Y. ORDER TO REMEDY VIOLATION [owner or auth.orlzea agent o~ owner) o~ owner or authomzea age~ PLEA~ TAKE NOTICE there exists a violation Zoning Ordinance A~t ~II soet~ ~0~'~'i~t.~.s~t~ Other Applicable Laws, Ordinances or Regulations .................... at premises hereinafter described in that .... a.~. ~f. (state character of violation) ~. ~.. ~te .~. lotS..vit~t, a~p~onl, of. in vi,olati,on of .l~.t. ~II. ,8~g~lll~. ~-& .A/4' 'l' 'Se~ On 't0001' '0*' '[ ldtllK (State section or paragraph o~Jpplicable law, or'~inance or reg~at,~n~ :~1~ YOU AP~ THEREFORE DIHE~TED AND ORDERED to comply with the ~aw and to remedy the conditi, ons above mentioned forthwith in or before the ......... ~.~ .......... day of ........ Ge[}.$e~l~ ........ 19.1~. The premises to which this ORDER TO REMEDY VIOLATION refers are situated at ~attttuek W~-~t. bF~eh .t}~p. ~ole -eFeeJl~ .])~ounty of Suffolk, New York. Failure to remedy the conditi.ons aforesaid and to comply with the applicable provisions .of law may constitute an offense punishable by fine or imprisonment or both. BIANCO ~ BIANCO (s66-~6o~ Sept. 23rd, 1969 Town of Southold Building Dept. Town Clerk's Office, $outhold, N. Y. 11971 Re: Gambino, Anthony & Grace W/S Deep Hole Drive, Mattituck, N. Y. Gentlemen: I respectfully submit an appeal for a variance in connection with the captioned in duplicate. Attached thereto find two copies of survey, our check in the sum of $5.00, as per your instructions. I would appreciate your early filing of this appeal with the Board, and any further instructions from you. Very truly yours, KWB:em Enc. 0 0