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Home My WebLink About1289 TO~N OF SOUTHOLD, NEW YORK DATE Octob.~r_ 23, 1969 ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1289 Dated September 26, 1969 ACTION OF THE ZONING BOARD OF APPEAt~ OF THE TOWN OF SOUTHOLD Catherine Llewellyn To Ole Jule Lane Mattituck, New York Appellant at a meeting of the Zoning Board of Appeals on October 23, 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 ( ~ Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denled pursuant to Article ....... ., ........ :. Sectioi3 .................... ~ Subsection ..... % .............. paragraph .................... of the Zoning Ordinance and the de~ision of the Building Inspector ( ). be reversed ( ) be confirmed because ~ 8:00 P.M'. (E.D.S. ~. ) ~ upon applicatior~ of Catherine Llewellyn, Ole Jule Lane, Mattttuck, New Y0rk,~ for ~ variance in accordance with the Zoning Ordinance, Article III, Section 303,and Article K, Section 1000A, for permission to set off let wi~ch less than 100 ft. frontage. Location of property: west side of Ole Jule Lane, Mattituck, New York, bounded north by other lands of applicant, east by Ole Jule Lane, south by Wmo Liebecknecht, west by J. Zebroski. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because 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 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 ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 SEE REVERSE F~ ~J ¥ [~L) ZONING BOARD OF APPEALS ~~~ Southold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to set off lot with less than 100 ft. frontage. The Board fin~s that the applicant has 210 ft. frontage on Ole Jule Lane. There is no legal reason for th~ applicant Wot to convey 100 ft. frontage. The Board finds tha%~strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance would change the character of the neighborhood and would not observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Catherine Llewellyn, Ole Jule Lane, Mattituck, New York, be DENIED permission to set off lot with less than 100 ft. frontage as applied for on property located at west side of Ole ~ule L~ne, Mattituc~, ~e~ ~o~k~ .However, the applicant would be allowed to convey the lot with 100 ft. frontage. Vote q~ th~'Board: Ayes:- Messrs: Gillispiew Berge~ Hulse, Grigonis. LEGAL NOTICE Notice Of Hearings Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the Town of '$outhold~ Suffolk County~ New York, public hearings will be held by the Zoning Board of Appeals of the Town of $outhold~ at the Town Office., Main Road, Southold~ New York, on October 23, 1969 on the following appe al s: ?:30 P.M~ (E.DoS.T~), upon application of Harry and Evelyn Mearns~ Route 25~ Orient~ N'eW York~ for approval of access to private road in accordance with the State of New York Town LaWs Section 280A. Location of property: private right-of-way off north side of Route 25, Orient, New York, bounded north by LoIo Sound, east by Deidrick, south by Howe~ west by land of applicant. 7:45 PoMo (EoDoSoTo), upon application of Herman Poucher~ Camp Mineola Road~ Mattituck~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 303~ and Article 3f, Section 1000A~ for per- mission to divide lot with insufficient area° Locationn of property: west side of Camp Mineola Road~ Mattituck~ New York~ bounded north by Howell Estate~ east by Camp Mineola Road, south by other land of applicant, west by private right-of-way, 8:00 PoMo (EoD°$oTo)~ upon application of Catherine Legal Notice Page ~2- Llewellyn~ Ole Jule Lane~ Mattituck~ New York~ for a variance in accordance with the Zen/rig Ordinance, Article III~ Section 303~ and Article X~ Section 1000A, for pe~mission to set off lot with less than 100 ft. frontage. Location of property: west side of Ole Jule Lane~ Mattituck~ New York~ bounded north by other ~u/ds of applicant~ east by Ole Jule Lane~ south by WmQ Liebecknecht, west by J. Zeb=oski. W. Hawkins~ 9 Humphrey Lane~ Blue Point, New York for a variance in accordance with t~he Zoning Ordinance, 3~ticle III, Section 303~ and Article X, Section 1000A, for permission to set off lot with less than required frontage and area~ Location of p~operty: west side of Deep Hole Drive~ Mattituck~ New York~ bounded north by A. Gambino~ east by Deep Hole Drive~ sou~.~ by A. Corte~ west by Deep Hole Creek. 8:30 PoMe ~°DoS°To), 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 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 P°Mo (E.D&S°T°)~ 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 1000Ar for permission LEGAL NOTICE Not[ce o~ Hearings Pttrsua~t to Section 267 of the i Town Lair and the provLs~ons cfi the amended Building Zone Ordin- ance of the Town of Southold, Suf- folk County, New York, pablic hearings will be held by the Zon- ing Board of AppeaLs of the Town of Southold, at the Town Office, Mal~t Road, Southold, INlew York, on October 23, 1969 once, he following a~peals: , 7:30 P.M. (E.D.S.T.), upon appli- cation of Harry and Evelyn Mearns, ~,~ 25, Orient, ~ York, for aPllFeval of access to private road in accordance with the State of kN'ew York Town ~,aw, Section 280A. Location of PrOperty: pVhvate right- of-way off north side ~l~Ronte 25, Orient, I~ew York, bounded north by L. I. Sound, east by Detdrick, south by Howe, west by land of applicant. 7:45 PM. (E.D.S.T.), upon appli- , cation Ct Herman JPoucher~ Camp l Mineola _ Road, Matfithck, l~ew I York, f~i; a variance in accordance! with the Zoning Ordinance, Article III, Section 303, and Article X, Sec- tion 1000A, for permission to divide l lot with insufficient area. Location~ of property:, west side of Camp Mineola Road, Mattituck, New York, .bounded north by Howell ,~sta.te, east by Camp Minonla Road, south by other land of applicant, west by Drivate rtght-of-way. 8:00 P. M. (E.D.S.T.), 'upon appli- cation of 'Catherine Llewellyn, Ole Sule Lane, Mattituck, iNew York, for a variance in accordance with the Zoning Ordinance, Article III, ! Section 303, and .~'ticle X, Section~ 1000A, for permission to set off lot l with less than 100 ft. frontage. Lo- ? cation .of p.roDerty: west side of OleI $~le Lane, Mattituck, NeW York, i bounded north by other lands ofI applicant, east by Ole Jule Lane, I south by Wm. Liebecknecht, westj by J. Zebroski. cation of Duane W. Hawkins, 9 Humphrey Lane, Blue Point, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and A,rticle X, Sec- tion 1000A, for permission to set off lot with less than required frontage and area. Location of prc~oerty: west side of Deep Hole Drive, Matlituck, New York, bound- ed north by A. Gambino, east by Deep Hole Drive, south by A. Corte ' west by Deep Bole Creek. 8:30 P.i~L (E.D.S.T.), t~oon appli- cation o~ Anthony and Grace Gam- ~oino, 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 le~s than require~ frontage and area. Location of property: west side of Deep Hole Drive, Matt£tuck, New 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.~VI. (Jg.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- tion 3~' ' and Article X, Section 1000A, pe,rmission to set off lot with less titan required frontage~ east side of Ruch Lane, Greenport, New ' ~:, bounded north by S. Vander~ .K, east by V. Ruch, south by other lands of the applicant, west by Ruch Lane. 9:00 PAVi. (~.D.S.T.), upon a~pli- 'cation of A. Reilly & Sons, Matti-~LK, tuck, k~ew York, a/c Butt E. Mc-~K0 ~' ES: Connell, 20 Weaver Drive, West Am/tyvtlle, New York, for a var- iance in accordance with the Zon-.....~... Deing duly Sworu, lng Ordinance, Article III, Section 304, for permission to build new one S Printer nnd Publisher of the SUFFOLK family dwelling wtth ~educed front yard setback. Location of prop- Ilewsl~per publ/sbed crt (.~reenport, in s~id erty: north side of Sound Beach Drive, Captain Kidd Estates, Lot ,.';o. 33, Mattituck, New York. Any person desiring to be heard on the above alyplications should ap- pear at the time and place speci- fied. DATED: OCTOBER 2~ 1969, BY ORDER OF TPKE SOUTHOLD TO'WAr 'BOARD OF APPEALS ltO17 notice, of which the ~anexed is u printed [ished in the s~tid Suffolk WeekDz Times .;or .......... ~'~ .t-~. ............ week~ ~cing on the . ~-.~~ .... ~.?....~..~ F, I.AN(;TON CORWIN qr~tarv k~ublic, State c. New york St,fiolk Co. Official No. 52-0770500 :ommission l~xpires March 30, 19..... NOTICE OF HEARINGS J the amended Building Zone Or- dinance of the Town of ~outhold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York, on October 23, 1969 on the following appeals: ?:30 P. ~. CE.D.S.T.), upon application of l~rry 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 280A. Location of property: private right-of-way off north side of Route 23, Orient, New York, bounded north by L. L Sound, east by Deidrici~ south by Howe, west by land of applicant. 7:43 P. i~f. (F~D.S.T.) upofl application of Herman Poucher; Camp Minsola Ro~d, Mat~'ltuck, New York, for a vaflan~e In accordance with the Zoning Or- dinance, Article I~, Section 303, and Article X, Section 100~A, for permission to divide lo~ with in- sufficient area. Location of prop- erty: west side of Camp ]~insola Read, Mattituck, New York, bounded north by Howell Estate, east by Camp Mineola Ro~d, south by other land of applicant, west by private right-of-way. 8~00 P. l~I. (E.I~.S.T.) upon plic~tion. Qf Catherine Lleweilyn, Ole Juie Lane Mattituck, New York, for a variance in accord. anco with the Zoning Ordinance Article III, Section 303, Article X, Section 1000A, for per. mission to set off lot with le~ than 100 ft. frontage. Location ol property: west side of Ole Jui~ Lane, Mattituck, New York bounded north by other lands ol applicant, east by Ole Juie south by Wm. Liebecknecht, wes by J. Zebroski. 8:15 P. ~I. (E.D.S.T.), UPO~ application of Duane W Hawk~ 9 Humphrey Lane, Blue Poinf New York for a Yariance in cordance with the Zoning Or- dinance, Article III, Section 303 and Article X, Section 106OA for permission to set off lot wit! less than required frontage ans area. Location of prop~ty: wes~ side of Deep Hole Drive, Matt. ituck, New York, bounded nori~ by A. Gambino, east by Dee~ Hole Drive, south by A. Corte west by Deep Hole Creek. 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 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 Zraveler-Mattituck Watch- once each w ek for ......... successively, commencing on the ................. ~....~.. .............. doyo .......... , ............................... .... Sworn to before me this .......... /Z ..... day of .......... ..... 8:30 P. M. (E.D.S.T.), upon ~Nota~y Pubnc 7 application of Anthony and Grace Gambino, 53-24 84th Street, Elmhurst, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Section 300, and Article X, Section 1000A, ~0r permission to set off lot with less than required frontage and area. Location of~: · property: west side of Deep Hole Drive, ~.attituck, New York, bounded north by ~L Browi, east by Deep Hole Drive, south by D. W. Hawkins, west by Deep Hole Creek. 8:45 P. M. (E.D.S.T.), upon application, of Henry Bischoff, Ruch Lane, Groenport, New York, for a variance in accord- ance with the Zoning Or~nea, Article III, Section 303, and Article X, Section 10O0A, for per~ mission to set off lot with than required frontage and area. Location of property: east side of Ruch Lane, Grcenport, New York, bounded north by S. Vun- derbcek, east by '7. Ruch, south by other lands of the applicant, west by Ruch Lane Any person destrtng to be heard on the above applications O~' APPEAI~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File ~No,. Ylate ............................ .S...e.~..~. ......... ~..9.. ........ ~ .... 19..!~..9.. To ............... Sa%nerlne ~ ........ ~ ................. L!e~ eliy/! ].[ ..................................... .................. w_d...~I3~ .... Lana ............................... .................... 37i.~ t t i .t.~ck ....................................... PLEASE TAKE NOTICE that your application dated ................... ~.e.~,.~ ....... ,J,,~, ........ 19..~,9,, !or permit to m~~. .... .D,:i,V,±~i2..,~.~ ..........at the premises ]ocated at ...... ~,/,,~ ..... ~d,,,Jule ................. ~, .~l~e. ............................................... Street !~iattituck l~Iap .......................................... XxX Block ........................................... X]~x Lot .................................................. xxx is ~~:~r~ disapproved on the fo]~owiny grounda ........ Lo.~5..~as...le.as_..~am... ......... ~a~,~ar,eo,,.,%0.~_.~.t .... .~,~n,t,..o~,~,.,0,~,,,~u,! ..... ane ............. 2r.t, .iLI,,,s,~,,,,3O,3,,,&,,~,t X sec ~' '~'~ Town OF SOUTHOLD, NEW YORK FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS~ TOWN OF SOUTHOLD, N. Y. Name of Appella, nt Street and Number Mattituok New York u=~eov APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDI IN. CTOR ON ......................... ......... ................. ............ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Pez~uit to set off lot with less than !00 ft. front. LOCATION OF THE PROPERTY . ..0..~ .~.L~.~.~...~..~.~..9, .......................... ...¢. ..... .D..$..s.~..~..z...q~ ...... S~reet Use District on Zoning Map Mop No. Lot No. Mattituck 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'c Art I~ Sec. ~03 and ART X Sec. !000A 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 ~_~J)z(has not) been made with respect to this 'decision of the Building Inspector or with respect to this property. Such c~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. .,.Dated ...................................................................... REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ( ) ~) ( ) is requested for the reason that for financial reasons I a~ forced to sell the property. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPL]~(~'ATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because my husband is disabled i~aving suffered a severe stroke in January 1968 and without income° In order to make this property sa~b!e, a prospective buyer would want to have the might to build if he so intended. My application is to sell this lot with the sazae d2mensions as I purchased it in 1963 and I ,vetition the Building Dept~ to grant me a variance ~g~ich would benefit a new owner~ 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 beca:use of personal neeE. I desperately need f-m~ds for my husband's ca~e~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area of the lot is suf_fio±ent for building a domestic dwelling in keeping with the adjoining homes~ ) ss . ' .. W2..; .......... COUNTY OF SUFFOLK ) Signature ~/ · Sworn to this .................................. day of .................... S..~,~.~.e~b..e~2 ............... 19 69 Notary Public BARBARA A. ANDERSO~ NOTARY PUBLIC, State of New No 52-5072470- Suffolk Count, Commission Expires Mmrca Standard IN', y. B. T, U. Form 8002 * 8-60-70M --Bargain and Sale Deed, with Covenant against Gtan tot's Ac ts-lndivid ual Or Corporation (Single Sheet) CONSULT YOUR LAWYER BEFC~"~SIGNING THIS INSTRUMENT--THIS INSTRUM~ SHOULD RE USED BY LAWYERS ONLY. ~ IND~ made the~~ ~Y OF July , ninet~n h~dr~ and 8ixty-t~ee JOHN O. ROBERTS and MARY E. ROBERTS, both residing at 69t0-D 188th Street, Flushing 65, New York his wife, party of the first part, and CATH~HINE LLEWELLYN residing at 01e Jule Lane, Mattttuck, New York party of the second part, WlTNF_.~ETH, that the party oi the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part. forever, ALL that certain p!ot, piece or parcel o{ land, with the buildings and improvements 'thereon erected, situate, l~ngandbeing~ at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and being more fully bounded and described as follows: BEGINNING at a point on that course of tb~ Westerly line of 01ejulane which runs South ll 9egrees 03 minutes 20 seconds East, 555.76 feet Southerly along sa~d Westerly line from land of Nautico King and being about 1570 feet Southerly from New Suffolk Avenue, Said point of beginning being the"Southeasterly corner of other lands o£ Llewellyn; from s aid point of beginning ~unning along said Westerly line of 01eJulane, 2 courses, as follows: (1)'South ll degrees 03 minutes 20 seconds East 77,39 feet, thence (2) South 3 degre'es 03 minutes 20 seconds East 2.61 feet; THENCE along lands now or formerly of William Shortell, North 82 degrees 02 minutes l0 seconds, West 220.34 feet to a point located 10 feet Westerly from the Easterly edge of a dredged canal; THENCE Northerly on a line l0 feet Westerly from said Easterly edge, 90 feet, more or less; 80 degrees BEGINNING. THENCE along the aforesaid other lands of Llewellyn, South 06 minutes l0 seconds East 228.50 feet to the point of TOGETHER with ali right, title and interest, if any, of the ~arty of the first part in and to any streots and roads abutting the above described premises to the center lines thereof; TOGETHER. wiech the appurtenances and all the estate and rights of ,the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first pm has not done or suffered anything_ whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party o£ the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for .the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF_.~ WHF-.R~OF, the party of the first part has duly executed this deed the day and year first above written. · . SCA' "" 404 '" 0 C