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HomeMy WebLinkAbout1291 TOWN OF SOUTHOLD, NEW YORK DATE0~.~Q~.. 23, 1969 ACTION OF THE ZONinG BOARD OF APPEALS Appe~ No. 1291 Dated September 22, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Duane W. Hawkins 9 Humphrey Lane Blue Point, New York Appellant at a meeting of the Zoffmg Board of Appeals on October 23, 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 ( ) 1969 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*DoS. T.), upon application of Duane W. Hawkins, 9 Humphrey Lane, Blue Point, New York, for a variance in accordance with the Zoning Ordinance, Axticle III, Section 303, and Axticle X, Section 1000A, ~or permission 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 A. Gambino, east' by Deep Hole Drive, south by A. Corte, west by Deep Hole Cre~k. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical 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 (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( that the previous decisions of the Building Inspector ( FORM ZB4 ) be granted ( be confirmed ( ) be reversed. NING BOARD OF APPEALS ) be denied and S~E REVERSE / Betty Neville, 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. 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 that the errors that caused this confusion were comm~ted prior to the enactment of the Zon/ng Ordinance. The Board feels that the applicants have not acted in bad faith but in ignorance of the zoning laws. The rest of the property in 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 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 th9 character ofthe neighborhogd, a~d.w~l~ gbgerye the spirit of the Ordinance. ~ T~.R~.EFO~RE, IT WAS RESOLVED Du~n9 W. Hawkins, 9, Humphrey Lane, Blue Pgint~ New York, ~e _GRA~ED permission~to set off ~ot with less than rgquired~ frgntage and 9rea as applied for on property 19cared 9n west side, of Deep Hole Drive, Matt~tuck, New York. . ~ Vote of the Board: Ayes:- Messrs~ Gillispie, Bergen, Grigonis, Hulse. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town I~w 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 l~d, Sou/hold, `New York, on October 23, 1969 on the following appeals: 7:30 P.M. (E.D.S.T.), upon appli- cation of Harry and Evelyn Mearns, IP~oute 25, Orient, New York, for ~pproval of access to private road in accordance with the State of `New York Town L~w, Section 280A. Location of Property: private right- i of-way off north side of Route 25, i Orient, Hew York, bounded north i by L. I..-Sound, east by Deid.rick, Isouth by Howe, west by land of ! applicant. 7:45 P.M. (E.D.S.T.), upon appli- cation of.Herman Poucher, Camp ' Mineola Road, Mattituck, New yc~rk, 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, arty: 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 Drivate right-of, way. 1' 8:00 P. M. (E.D.S.T.), .upon app cation of Catherine Lleweliyn, Ole Juie Lane, lVLattifu~k, /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 leas than 100 ft. frontage. Lo- cation of Drot~erty: west side of Ole J, ule Lane, ~Mattituck, New York, bounded north by other lands of applicant ~ast by Ole Jule Lane,~ south by Wm. Liebecknecht, west by J. ZebroskL 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 Orc~inance, 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 pro~perty: 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.), u~on appli- cation of Anthony and Grace Gam- bino, 5~5-24 84th Street, Elmhurst, 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. Location of property: west side of, Deep Hole Drive, Mattituck, New i York, bounded north by N. Brewi ' east by Deep Hole D,rive, south by D. W. Hawkins, west by Deep Hole Creek. 8:45 p.~'~I. (~.D.S.T.), upon appli- cation of Henry Bischoff, Ruch Lane, Greenport, New york, for a variance in accordance with the ~oning Ordinance, Article III, Sec- ti0n 303, and Article X, Section %, for pe,rmission to set off lot w~.~ less than required frontage and area. Location of property: 'es~t side of Ruch Lane, Greenport, F York, hounded north by S. 'v~ uerbeek, 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, MattS- I'.F~, tuck, ,New York, a/c Butt E. Mc-~l~t' ~ ES: Connell, 20 Weaver Drove, West [ J AroityvilIe, New York, for a var- iance in accordance with the Zon- ~. ~~... l~ing duly Sworn, ing Ordinance, Article III, Section 304, for permission to build new o~ne P~inter and Publisher ef the SUFFOLK family dwethng with ,reduced front yard setback. Location of prop, ~ewspaper published ut Greenport, in said erty: north side of Sound Beach Drive, Captain Kidd Estates, Lot lloticg, of which the annexed is a printed ,-'qo. 33, Mattituck, New York. Any person desiring to be heard ,shed in the said Suffolk Weekly Times on t~e above applications should ap- . ........ .~...c:v~/ .............. week~ pear at the time and place speci- fied. DATED: OCTOBF~ 2, 198~, BY cing on the ~..~'~.~ ..... ORDER OF TI-rE SOUTtiOLD i APPEALS .~[ · · . ~ ilo. Sworn to before me this .~[,4~F .... day of ... ~.~ .....19.~.~. · 5: >. ............... · ................ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Sonihold, at the Town Office, Main Road, South- old, New York, on October 23, 1969 on the following appeals: 7:30 P. ~VI. (E.D.S.T.), upon application of Harry and Evelyn Mearns, Route 25, Orient, New York, for approval of access to private road in accordance with the State of New York Town Law, Section 250A. Location of property: private right-of-way off north side of Route 25, Orient, New York, bounded north by L. L Sou~ld, east by Deidrick, south by Howe, west by land of applicant. 7:45 P. M. (E.D.S.T.) upon application of Herman Poucher, Camp Mineola Road, Mattituck~ New York, for a variance in accordance with the Zoning Or- dinance, Artic!e III, Section 303, and Article X, Section 1000A, for permission to divide lot with sufficient area. Location of prop- erty: west side of Camp Mincela Rpad, Mattituck, New York, bounded north by Howell F~tate, east by Camp Mineola Road, south by other land of applicant, west by private right-of-way. plication of Catherine Llewellyn, Ole Jule Lane, Mattituck, New 'York, for a variance in accord- an~ with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for per- mission to set off lot with less than 10O ft. frontage. Location of property: west side of Ole JuleI Lane, Mattituck, New York, bounded north by other lands applicant, east by Ole Jule Lane, south by Wm. Liebecknecht, west~ by J. Zebrceki, 8:15 P. M. (E.D.S.T.), upon 9 Humphrey Lane, Blue Point,i! New York for a variance in ac-~ cordance with t~e Zoning Or- dinance, Article III, Section 303, and Article X, Section 1000A/ for permission to set off lot with less tha1~ required frontage area. Location of property: west~ side of Deep Hole Drive, Matt-J ituck. New York, bounded north~ by A. Gambino, east by Deep Hole Drive, south by A. Corte, west by Deep Hole Creek. COUNTY OF SUFFOLK STATE OF NEW YORKj' 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 cnnexed is a printed copy, has been published in said Long Island Zreveler-Mattituck Watch- man once each week for ....... ~.."../-~..~...~.../.i/. week~ successively, commencing on the .............. .~ .................. of ....... day ~ ~ ~ z , Sworn to before me this ........ .~.....~_. ..... day of ......... 8:30 P. M. (E.D.S.T.), upon Grace Gaml~ino, 55-24 84th Street, Elmhurst, New York, for a variance in accordance with the Zoning Ordinance, Article HI, 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, Mattithck, New York, bounded north by H. Brewi, east. by Deep Hole Drive, south by D. W. Hawkin~, west by Deep Hole (]reek. 8:45 P. M. (E.D.S.T.), upon! application of Henry Bischoff,I Ruch Lane, Grsenport, New York, for a variance in accord-, ance with the Zoning Ordinance, Article III, Section 303, and 4 Article X, Section 1000A, for per- mission to set off 10t with less than required frontage and area. Location of property: east side of Ruch Lane, Greenport, New { York, bounded north by S. Van-, derbeek, east by V. Ruch, south i by other lands of the applicant,: west by Rugh La~e . 9:0~ P. IV[. (E.I~S[T.)~ upon application of A. Reilly & Sons, Mattituck, New York~ a/c Burt E. McConnel], 20 Weaver Drive, West Amityville, New York, for a variance in accordance with the Zoning Ordinance, Article IH, Section 304, for permission to build new one family dwelling with reduced front yard setback. Location of property; north side of Sound Beach Drive, Captain Kidd Estates, Lot Ho. 33, I~att- ituck, New York. Any person desiring to be heard on t~he above applications should appear at the time and place specified. DA'~L~: OCTOBER 2, 1969, BY ORDER O1~ THE SOL~iOLD TOWN BOARD Ol~ APPEALS 1T--16 Legal Page -2- Llewellyn~ O!e Jule Lane~ Mattituck~ New York~ for a variance in accordance with the Zoning Ordinance~ Article Itt~ Section 303~ and Artlcle X~ Section 1000A~ for permission to set off lot with less than 100 ft. frontageo Location of property: west side of Ole Jule Lane~ Mattituck~ New York~ bounded north by other ~a~ds of applicant~ east by Ole Jule Lanes south by Wm~ Liebecknecht~ west by Jo Zebroskio 8:15 P~Mo (EoDoSoTo)~ upon application of Duane W. Hawkins~ 9 Humphrey Lane~ Blue Point~ New York for a variance in accordance with the Zoning Ordinance~ A~ticle III~ Section 303~ and Article X~ Section 1000A, for permission 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 A. Gambino~ east by Deep Hole Drive~ south by A~ Corte~ west by Deep Hole Creek~ 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 Ordinance~ 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 DoW. Hawkins~ west by Deep Hole Creek. 8:45 PoMo (E.DoSoTo), upon application of Henry Bischoff~ Ruth Lane~ Greenport~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 303~ and Article X~ Section 1000A~ for permission APPEAL FROM DECISION OF BUILDING INS. ~CTOR APPEAL NO. /~-~ ¢/~/ DATE ...8..e. 9..t.:....2..~. :....1..9..6..9 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)..... ~l~m~l~. I~ :o..~.a..~..k..$.~ ~ ............................ of ....... .9....Iii. 9.m. 2~..~..ey....L..a..~..e, ...................................... Name of Appella,n.t Street and Number Btue ?o±nt, L, I., New York ~EREBY APPEAL TO Municipality Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............... ,.: ..................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Duane W. Hawkins ....... Name of Applicant for permit of ....... ................ ,...5..: .......... ................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO DIVIDE LOT 1. LOCATION OF THE PROPERTY ............... ..I)..e..e.~...H..o..1..e....D..r..iy..e. .............. '.'..A.'.'....D..i..s..t..r..i..q.t. ................ Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (Si OF THE ZONING ORDINANCE AP, PEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art. III Sec. 303 Art. X Sec. 1000A 3. TYPE OF APPEAL Appeal is made herewith for (X) 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 (L~ (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 that Form ZB1 (Continue on other side) REASON FOR APPEAL Contif~ued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because My lot lost its single and separate ownership through an inadvertance. My wife ~urchased the first lot in her name and mine in 1959. Shortly thereafter we built a house on this lot. In 1962 I purchased the second lot in my name and in the name of my wife. In 1966 as a result of a property settlement between myself and my wife, the first lot with the house and the second lot were deeded to me (single and separate ownership). Subsequently in 1969 wi~thout realizing the effect of the last deed in my single and separate ownership, I sold the lot with the house to Anthony Gambino reserving the adjoining lot for myself. My plan was to make this lot available to my son for a summer bungalow when he completed his tour of duty in the Army. This I cannot do if strict application of the ordinance is upheld. 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 see above 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Ail the other lots on the block are of similar size and have houses on them. Fairness and justice would be served if a variance were granted permitting me to build on my lot. STATE OF NEW YORK ) COUNTY OF q~ ,3~'~o£;r' ~ ss Sworn to this ............ .,~....~... ......................... day of .......................................................