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TOWN OF SOUTBOI~, NE~V YORK
AC'FI,ON OF THY ZONING I~OARD ,OF APPEALS
Appeal No. 1215 Dated Octoner 24, 1968
ACTION OF THF ZONINO ~(XAi%D OF APPEAL8 OF THE TOV~N OF SOUTHOLD
To Albert Albertson, Jr.
Southold, New York
DATE _.._N,_°Y_!_Z..L 1968
Appellant
at a me,cti~,g of the Zoning Board of Appeals on November 7, 1968
was considered and the action indicted below was t~ken on y~ur
, ~ Request for variance due to lack of access to property
( ) Request for a specia/ exception u~der the Zoning O:dinance
~ X) F~quest for a variance to the Zeroing Ordinance
the appeal
1. SPEC]AL EXCEPTION. By resolution of the Board it vzas determined that a ~pec~al exception ( ) be
granted ( ) be dented pursuant to Article .............................. Section .......................... Subsection ........................... paragraph
........................... of the Zoinng Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 8:00 P.M. (B.D.S,T.), Upon application of Albert Albertson
Jr., Hortons Lane, Southold, New York, for a variance in accordance with
the Zoning Ordinance, Article III,. Section 303, and Article X, Section
iO00A, as applicable to Article IV, for permission to set off less than
100 feet front lot for mixed occupanc~ building, Location of property:
north side of Main Street~ Southold, ew York, bounded north by railroad,
east by W. G. Albertson, and Mullen, south by B~%in Street~ west by
G. Albertson.
2. VARIANCE. B2 resolution of the Bo.ard 1~ was determined that
ia) Striot application of the Ordinance (would) (would not) pr~)duce practical difficulties or unnec-
essary hardship because
SEE REVERSE
(~) The ~ard~dp created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and iu the same use district because
SEE REVERSE
(c) Thc variance (does) (does not) obeerve the spirit of thc Ordinance and (would) (would not)
change She cheracter of the district because
SEE REVERSE
and therefore, it was further deterred, ned t~at t~he requested varimme ( ) be granted ( be denied
and that the previous decisic~.s of the Building Inspector ( ) he confirmed ( ) be reversed.
FORM ZB4
After investigation and inspection the Board finds that the
applicant requests permission to set off less than 100 feet front lot
for nixed occupancy building. The Board finds this is recognizing
an existing situation. The lower floor will be used as a business as
in the past, only the type cf business has changed, and the second
floor will still be used for residential purposes. The granting of
this variance will no way change the area.
The Board finds that strict application of the Ordinance will
produce practical difficulties or unnecessary hardship; the hardship
crelted is unique and would not be shared by all prpperties alike
in the immediate vicinity of this property and in the same use dimtrict;
and the variance does observe the spirit of~the Ordianance and willnot
change the character of the area.
Therefore, it was RESOLVED Albert Albertson, Jr., Hortons Lane,
Southold, New York, be granted permission to set off less. than 100 feet
front lot for mixed occupancy building as applied for on property located
north side of ~,~in Street, Southold, New York, subject to the Board of
Appeals obtaining a survey of the property.
Notice of Hearings
Pursuant to Section 267 of
Town Law and the pcovis{ons of the
a.mended ~nilding Zone Ordinance
of the Town of Southold, Suffolk
Comaty, New York, public hearings
will be held by the Zoning Board of
Appeals of the Town of Southold, at
COUNTY OF SUFFOLK,
the Town Office, Main Road, South-
old, ~'lew York, on ]November 7,
1968, on the following appeals:
7:30 P.M. (E.S.T.), upon applica-
tion of J. Wilbur Smith, 2 Carriage
Court, Stonybrook, New York, for a
Variance in acordance with the
Zoning Ord~r~ance, A~ticle III, S~C-
%i~n 304, ioc perrni~ion ]to con-
struct new one famil~ dwellkug with
reduced front ya~ff setback. Loca-
lion of property: north side Pine
Tree Read and Billard Road, Cutch-
/0gue, New York, bounded north by
~ Flora S. Luc~ and another, east by
[iBillard Road, south by Pine Tree
~Road', west by W. Kt~sler.
7:45 P.M. (E.S.T.), upon applica-
tio~ of Hugh Quinn, Old Field Road
' ?ld Field, New York, for a variaalc~
~ln accordance with the. Zoning Or-
dinance, Article Ill, Sectior~ 305, ~nd
Article III, Section 307, for permis-
sion to retain insufficient fron,t yard
seiback and-sideyard on lexisting
bull,fling, and for approval of access
in accorc~arme with the Stato of
New York Town Law, Sectior~ 280A.
Locatio~ of property: 'south side
Jackson Street, New Suffolk, J~lew
York, bounded north by I Jackson
~treet, cast by other lands of Quinn,
south by othe.r lands of Quinn, west
b~ J. Maaning.
8:00 P.M. (JE.S.T.), upon applica-
of Albert Albartso~, Jr, t/or-
tons Lane, Southold, New York, for
a variance in accordance with the
Zoning Ordinance, Article III, Sec-
tion 303 and Article X, Section
1000A aS applicable to Article IV,
for permission ~o set off less than
100 ft. front lot for mixed occupancy
bnilding. Iaocation of property:
north skle o~ Main Street, South-
old, ~ew Y~rk, bounded north by
railroad, east by V~r. G. Albertson
and Mull~n, south by Main Street
west by G. Albertson.
8:15 P.M. (E.S.T), uper~ applica.
tion of Clifford and Edwina Tyler,
SChool House Road, Cutchague, New
York, for a special exception in ac-
~ Sworfl,
~FFOLK
:, in sold
~ printed
~y Times
cordance with the Zonir~g Ordinance,
Article IliA, Section 350, [Subsec- ' .......
tion 4, as applies under Article IV,
ior permission to operate a transient
travel trailer camp area. Loca.tion
of property: aorth si~'e School]~ //
Hou~se Road, Cutchogue, ~e~v York, Il..// .....
bounded north by S. Kurzewski,][/¢~
east by A. McCaffery, south by[['9 ......
School House Road, west by W.
~3axter and others.
Any person desiring to be heard
an ¢~he above appliclations should
appear at the time and place above
'specified.
DATED: OCTOBER 17, 1968, BY
ORDER OF T~IE SOUTH,OLD
TOW1N- BOARD OF APPEALS
IfN1
NOTICE OF HEARINGS~ ·
Pursuant to Section 267 of the T6W~I
/.~w and the provisions of the amended|
Building Zone Ordinance of the Town
of Southold, Suffolk'County, New York
public hearings w~ll be held by the
Zoning Board of Appeals of the Town
of S~uthold, at the Town Office, Main
Road, Southold. New York, on No-
vember 7, 1968, on the following
~:30 P. M. (EST), upon application
of J. Wilbur Smith, 2 Carriage Court,
Sl~onybrook, New -York, for a variance
~ accordance with the Zoning Ordi-I
nbnce, Article III, Section 304,
iermisston to construct new one family
welling w~th reduced front yard sot-
back. Location of property: north side]
. Pine Tree Road and Billard Road, Cut-
ohague, New York, bounded north by
~lora S. Luce and another, east by[
]~tllard Road, south by Pine Tree Road,
we~t by W. Kessler.
7:45 P.M. (EST), upon application
Of Hugh Qninn, Old imield Road, Old
· leld, New York, for a variance in
accordance with the Zoning Ordinance,
Article HI, Section 305. and Article
]~, Section 307, for permission to re-
torn insufficient front yard setback
and eideyard on existing building, and
for approval of access in accordance
with the State of New York Town Law
~ectton 280A. Location of property:
SOUth side Jackson Street, New Suf-
folk, New York, bounded north by
Jackson Street, east by other lands
Qulnn, south by other lands of Quinn,
west by J. Manning.
8:00 P. M. (EST), upon application
Of Albert Albertson, Jr., Hortons Lane.
8outhold, New York, for a variance
in accordance with the Zoning Ordi-
nance, Article III, ~ection 303 and
Article X, Section 1000A as applicable
to Article IV, for permission to sot off
leas than 100 ft. front lot for mixed
0ecu~ncy building. Location of prop-
e~: north ~de of Main Street, South-
old, New, York, bounded north by rail-
road, east by W. G. Albert,son and
Mullen, south by l~ain Street, west by
8:15 P. M. (EST), upon application
Of t3lifford and Edwina Tyler, School
]~oues Ro~d, Cutchogue, New York,
for a special exception in accordance
with the Zoning Ordinance, Article
~A, ~,ztton 3~, Subsoction 4, as ap-
plies under Article ZY, for permission
to operate a transient travel trailer
camp area. Location of property: north
COUNTY OF SUFFOLK /
STATE OF NEW YORKI 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 ~nnexed is o printed copy, has been
published in said Long Island Traveler-Mattituck Watch-
man once each week for ............. ~...~..../../...... week~t
successively, commencing on the ........... ..~.../....~.~.... ...............
day of
Sworn to before me this ......... ..,-~... .......... day of
...... ........... ,
Sehool House Road, Cutcho ue PE;li; "r
New York, bounded north by S. Kur-
/
zewsld, east by A. McCaffery, south by
School House Road, west by W. J.
Baxter and others.
Any person desiring to be heard on
the above applications should appear
at the time and place specified.
DA't'U.[L~: OCTOBER 17, 1968
BY OR~ER O1~ 'x'rt~ SOO'~'~OLD
TOWN BOARD O1m APPEAI~I
ADELE PAYNE
Nota~/ Public, State of New Yorl
Residing,, ii! Suffolk County
FORM ~0. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERE'S OFFICE
SOUTHOLD. N. Y.
I~OTiCE OF DISAPPROVAL
File No .........................
Building Inspector
PLEASE TAKE NOTICE that your :application dated ................... .0...c...~..o...b,~...~. ..... ..~..~.... 19..~.~..
lot with existing buildings
for permit to~...s~t..off~....s~l~e.~a~t the premises located at ..................................
...... tf/~ ..... i~ain...S.tr, ee.t ......................... Street Sout, ho]_d ~
Map ............ ..x~.....~... .................... Block ...~ ................................ Lot ...~ ....................................... is
_' _ ~ . - ~ disapproved on the followin? grounds .....I..R...s...~..f...f..t...c...i..e...n...t.....f...r.,o...~...t_a. ge
...... £ a~...mixed...o.c c.upar~c ~.. hui lding ............ Ar. .t... I II... s.e c... 3 03...~.....A. ;c.t.. X... ~.e.c....1.O.O 0A
...... as..a.pplzc~b!a., ta..Ar.t...I.V. ....
TO~ O~ SOUTHO~D, NEW YO~K
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. /'~J~
DATE ....
Name of Appella,nt Street and Number
................................. .~.,.o..1A...t..h,.o..1.~ ............................................ ..N..,..~..,. .............. HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT Nm ..................................... DATED ..0.~..t..o...b..e..?. ..... .2..2..~....1..9.6...8' ...........
WHEREBY THE BUILDING INSPECTOR DENIED TO
(
(X
(X
Name of Applicant for permit
of
....... ....... .............................................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY &
permission to set off less than lOOft front lot for mixed occupancy bld:
1. LOCATION OF THE PROPERTY .... .~./..~... Main St~ "B" dist
Street Use District on Zoning Map
Map No. Lot No.
Southeld, N.¥o
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.)
Art III sec. 303 & Art X ~e ~o~OA a~ applies to Art IV sec ~00,
(X)
( )
PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
sub 1
TYPE OF APPEAL Appeal is made herewith for
A VARIANCE to the Zoning Ordina.nce 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 appealS) (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
isrequested forthe reason tha¢ The seperation of this existing business building -
(mixed occupancy) - and lot of 76 ft ~ frontage from a larger parcel of
about 250 feet frontage and three residential buildings is within a family
~it. The subject lot and frontage is the same as it has been used for
~,.¢many years within the family business and residential setup. It is now
propose4to seperate it aha another member of the family will have title
~ni~m otherwise it will r~oo~nnue%~eot~$~s~d~)no change in use is p!anzzeA.
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because t~i~t
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 250
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
) ss
COUNTY OF )
Sworn to this ..i ......... ,,,~.,,,~.,,,,~m,', ................ day of ............. ~ ............... 19~~-