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Home My WebLink About1240 TO~ OF SOUTHOLD, NEW YORK ACTION OF THeE ZONING BOARD OF APPEALS DATE .,~ ~. ~. ~. fi.~[ .... Appeal No. 1240 Dated 1/11/69 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Hedvig P.: Terry - Horton' s Lane ~ ~ ~ soutbold~ New York at a meetin~ of the ZOn/~g Board of Appeals on t 5,/29/69 was considered and the ~-~i0n indi6ated belo-~ Was takeb on~y~tlr - - ( ) 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 ihe Zoning Ordinance : ~' ( ) AppeHant the appeal 1. SPECIAL EXCEPTION.iBy ieSolution of the Board /t was 'determined that a ~peeial ~xception ( be Eranted ( ) he ~ied pursuant to Amticl6 ..~L...2..Z ...... Section ...... :.......2... Subsection~ ........... ~.. ...... paragraph .................... of ~he Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed. ( ? ~)' be confirmed because 8:00 P.M. (E.S.T.)s upon application of Hedvig P. Terry, Horton's Lane~Southold, -New ,YOrk, for a vaxiance in~cc0rdance with .,the Zoning Ordinanue,:Arti~le':l-XX~ 8~ction 303, and Article X, Section 1000A, for ~eZlnisslon to use 'lOtsi28 & ~9, ~6 &~27, 30 & 31~as single and,separate lots wl~ less than: requ~Xe4 a~ea. < Lo~a%ibn of.property: west side ~ary~sRoad,~Mattituck,,New York, tots numbered 28 & 29, 26 & 27, 30 & 31, on Map No. §77, of Garden H~-~ghts, 'Mat%~tuck, New York. 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 all properties alike in the immed/ate vicinity of this property ami in the same use d~trict 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) 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 cordirmed ( ) be reversed. FORM ZB4 After investigation and inspection the Board fi~s that the applicant requests permission to combine certain lots ~ellding ~ combined lots within 5% of the required minhuum. The Board finds that the area would be /reproved by using the lots in this fashion. This will be in ke~eping with the spirit of the Zoning Ordinance. In general, the Board agrees with the reason- ing of the applicant° The Board finds that strict application of the Zoning Ordinance will produce practical diff&culties or unnecessary hardship~ the hardship created is unique and would not be shared by all properties al/ke in the /mmedinte vicinity of this property and in the same use district~ and the variance will observe the sp/rit of the Ordinance and will not change the charaeter of the area. Thg~re~ore,~ it w~_s RESOLVED,Hedvig- P., Terry~ Ho~ton~ S Lane~ ,Sou,thold, tNew York~bg~ granted ~9_~-~iss~on ~to,c~mbine.~lots~28 & 29, combi,ne£26 &227, combin9 30 & 31~ ~0 yeild a total of three,new lots. Locatien of.property~ west side Mary~'s.'~Roa~ Mattituck, ,New York,, lots numbere4:~8 &, 29, ,26 &. 27~ 3Q & 31 On~:Map NO. 577, of Garden Heights~ ~attituck, New ,York..~ , '" £ , r~oy4 r, K:Lug ~. LEGAL, NOTICE Notice ,of Hearings l~urs~m~t to Section 267 of the Tow~ Law .and the t~rovistons of the aaner~ded Building Zone Ordin- auea of the Town of Sou~l~old, Suf- folk County, New. Y~rk. public he~r- ~ags will be h~ld by the Zoning Board o~ Appeals of the ~k~vn of ~o~thold, at the Town Office, Mgin P~oad, Souf0hold, ,New York; on April 24; 1969 on the following appeals: 7:30 P.M. (~,~$.T.), upon ~ppliea-~ t~n of An%one 'Sepen~ki, Jr., Ms~n !R~ad,, .Orient; ~Iew York; for a spe-, cial ex~pti~n in accordance w~th ~h~ ~ OrdnanCe; A~ticle :III, Seotion 300; Subsection 10, for per- mission to erect 4 ft. by § ft. sign on p~penty c~[ F:;tanley ~utlcoski. IJoc~tion of property: north side iV~ain Pa~d, East Mar£o~, New york; ~bound~l north by Village of Green- port Water Di.~trict, east by A.I~.R. Pr~n~o, south by Ma~ Road, v~st by xiF, ht-of-~sy. ?:45 i~.~M. (E~.T.), upon o~pplica- ~i~m of Armand Boi~c~, Jr., 671 W. 1~2 Street, New Yin'k, ~lew York; ~or 9~pvoaral of access in ~ccord- an~e with frae State at New York Town I~av, Se~o_' n 280A, over the follow~i~ described private rt~t-of- ~de M~th Road, East M~rion, t~'ew York; bounded ~ b2~ land n~v lands of I. I~tham, Cook, ~ ~ so~th ~by ~in Road, ~ by E. Foc~afer F~ato and 8:00 P.M. (.E,S.T;), uloon upplica-! t~on of Hed~ig p Tarry, Hortou'sl I~a.ne, Sout~oid; New Y~'k; for aL variance is ~cordanee wi~ the Zoning Ordinar~ce, Article III, Se~ .tio~ 303; and Ar~cle X, Section 1000A, for permi~on to use lots 28 & 29; ~6 & 2?; 30 & 3! as single ~d separate lots with ies~ than re-. quired area. Locat~ of property: west side Mary's tkmd., M~ttituck, New York; lots numbered 28 & 29, 26 & ~7, 30 & 31 o~ Map No. of ~arder~ I~eights, Mattituck, York. A~y p~or~ desiring to be heard Ion the ~0bove ~ppl~cations shonid ; ~p~ar ~t the ~b~e an~ place i ~pecified. ;DATED: APRIL 3, 1969, BY l~ OF TH~ i TOV~T BOARD OF aPPEALS lt~18 COUNTY OF SUFFOLI~, STATE OF NEW YORK, ~ ss: being duly Sworn, says that .. ~..~L~.~..~, is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~t Greenport, in said county: and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, far ........ .~.~. ! ~..~. ............. week~[ successively commencing on the d~/ of ...~-~-.~_~. ......... 19.~.~. 'Y ........ Sworn to before me this ../~..~/~.-... ..... COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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 a:nnexed is a printed copy, has been published in said Long Island Trcveler-Mcttituck Watch- man once each week for ...~..~.~...d..Z./ ..... 'weeks successively, commencing on the ................ ./, .~....' ............ day of .(~Z~ Pursuant-to Section 267"cf.?the' Tov.,'n Law {hd the provisions'of the amended Building Zone Or-': dhq~ce'0{"the Town of South~ld;~- Suffolk goun~y, ~eW York~ public hearings will ~ held by the Zon-- ~g Board:of Appeals of the Town of Southold, at the Town Office, Main Rog~ Sou~hold, New ~ork, on April 24, 1969 on the follow~g ap~als: ~:30 P. ~. (~ST), upon appli- cation of Antone' Se~nos~, ~ain Road, Orient, New York, for a special exceptio~ in ac~rd- anco wi~h the Zo~ng Ore.ce, Article ~, Section 30~, Subsec- tion lO, for permission to erect 4 ft. by 8 f~. sig~ .on prope~y .~ S!anley ~utkows~. Location of pro~y: nor{h ~ide of Road,-;~ast Marion, New York, boun~ed north by ViSage of Gz~npo~ W~ter District, east byA, L. R. ~ancisco, south by Ma~ Road, w~t- by ~ght-of-way. caiion of Armnd Baboo, Jr. 871 W. 162 Street, New York, New York, for approval of access in accor~ce with the Sta~ of New York Town ~w, Section ~ver ghe follow~g descend pri- vate r~ht-of-way. ~cation ~ro~Y: no~h side Ma~ E~t Marion, New York, ~ded nor~ by ~d now or fo~erly D. Tuthill, east' by lands of L Latham, CoOk; and others, ~'~th by Main Road, west by' K. ~chai- 'er Estate and others. 8:00 P. M. (EST), upon appli- cation of Hedvig P. Terry, Hot- ton'o' Lane, Southold, New York, for a variance in accordance with the Zoning Ordins~ce, Article III, Section 303, and Article X, Section 1000A, for pern~sion to ~se lots 28 & 29, 26 & 2'/, 30 & 3I as single and separate' lo~ with less than required area. Location of property: west side Mary's Road, Mattituck, New York, 1~ numbered 28 '& 29, 26 & 27, 30 & Sworn to before me this ........ /.....~... ......day of '"~' ....... , 19.~.....(~. .... .... .............. Notary Public ADELE PAYN[ Res/ding in Suffolk County No. 52-3041000 Commission Expires March 30, !971 31 on Map N0~ ~ of Garden Heights, Mattituck, New York. Any l~_rson desiring to be heard on the above applications should appear a~ the time aud place ~pecified. DATED: APRIL 3, 1969 BY ORDER O1~ THE SOUTHO~D TOV~'N BOARD O1~ APPEALS IT--=I ~ /~'q7 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING NSPcCTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. i, ...... ....................... of ... ......................................... Nome of Appellon.t Street ond Number ................ .~.o.:.q~.o..1...d. ......................................................... ~.e..~.....~...o..~.~. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD NG¢ IN.S~ECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .... ~..:(.j.~ ,.~.~-:.~. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ....... ~.¢./,.S....~..8:..r.!C.~..s.....R,..o..a...d. ......................................................... Street Use District on Zoning Map 577 28 & 29 ~ 26 & 27~ 30 & 31 on ~,~ap of Garden Heights, dated lv~op No. Lot No. ;7227'~c~ 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.) 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 (kfb~) (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 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason thdt the premises consist of lots having a fron~za§e of 100 feet but a depth of 120o72 on the North and 122.21 on the South and were subdivided in 1929 prior to the enactment of the Zoning Ordinance but do not presently comply with the required depth. The same situation applies to Lots 26 and, 27~ as 'well as Lots 30 and 31, 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 premises were subdivided and a mao filed 1929 prior to the enactment of the Zoning Ordinance, 2. The hardship createdis UNIQUE and is notshored by all properties alike in the immediate vicinity ofthis property and in this use district because of the fact that the sub- division map was filed in 1929 and the premises subdivided at tha~ time. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because o£ the £aet that the size of the lots is Lon!y s~ightly under the required square footage called for in the Zoning Ordinance° That Upon the enac~nent of the Zoning Ordinance~ Sect. 1013 exempted 19 other developments from the provisions of Sect. 303 herein° Your petitioner asks that she be accorded the same privilege as the owners of those 19 subdivisions. STATE OF NEW YORK ) ) SS COUNTY OF SUFFOI,K ) HEDVIG P. TERRY Signature Sworn to this ................. .1,.1...t..h. .................... day of .............. ..J..a..n...u..a...r.y. ......................... 19 69 Notary Public TOWN OF $OUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept, } Planning Bd. 765-2660 Board of Appeals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ...... J~ll.l:d..~.'..-~,~lDe&~J ...... of the town of .......... 8~;l~t~lo~ .......... (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance ............ Amendment to the zoning ordinance ............ Zoning changes ............ Special permits ...~1~.... Variances Location of affected land: ...~..~."....~...~k~.~....R.~.~..~..~..~.C..~.~.....~.t.~.~;.....~.*.~ ........... within 500 feet of: (check one or more) ............ Town or village boundary line ...Z~,... ~ or county road, ~1~11~i~[~1~ ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public building is situated Comments: TI~ Board has a~provsd~ng lots 26 & 27 as a s~ngle lot! also usLu~ lots 28 & 2~ as a single lot~ also usin~ lots ~0 & ~1 as s~ngle lot, Thes lots are o~ f~led map of ~arden heights flle~ ~/ ~/ ~ as ~ap ~ ~ ~n the County clerks o£ff~ce, 8aid lots are betveen the County Bo~ ~? ~nd the county o~ned dra~a[e canal on the northerly side, (signed) Title Dote received by' Suffolk County Planning Commission ....... /. .............................................................. File No ................................. --ii .¢ o~ 7 -NOTE-