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TOW~ OF $OUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1181 DaSd May 14, 1968
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To
DATE J-~, .r~,..e... ii~, IL....1968
Genevieve T. Daly, 527 Highbrook Ave., Pelham Manor, N.Y. Appellant S
and
Kathryn D. Hoey, 2121 Albemarle Terrace, Brooklyn, N.Y.
at a meeting of the Zoning Board of Appeals on ~hursda¥,
was considered and the action indicated below was taken on your
(X) 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
( )
June 6, 1968 me 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 Zonir~ Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 7:30 P.M., Upon application of Genevieve T. Daly and
Kathryn D. Hoey, 2121 Albemarle Terrace, Brooklyn, New York, for
approval of access in accordance with the State of New York Town Law,
Section 280A. Location of property: Proposed Town Harbor Terrace,
Lot No. 3, Private Road, E/S Town Harbor Lane, Southold, NewYork,
bounded north by G. Lewis, east by Hippodrome Creek, south by private
road (Hoey Lane), west by Kathryn D. Hoey.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (~](~t~I~') produce practical difficulties or unnecessary
hardship because Lot l~lOe 3 would have complete access to Town Harbor Lane,
a main thoroughfare.
(b) The hardship created (Is) (ll.~li~ unique and (~ (would not) be shared by all properties
alike in the immediate vicinity of this property aM in the same use cUstrict because of the singe
and construction of said lot.
(c) The variance (does) (does not) observe the spirit o! the Ordinance and (would)
change the character of the district because
(would not)
and therefore, it was further determined that the requested variance (~l) be granted
and that the previous decisions of the Building Inspector ( ~~t (X) be reversed.
APPROVED
Pro Tem
Pursuant to Section 267 of[ the Town Law and the
l~OVLSions of the a~ended
of ~e ~n of $~ld, at
S~old, ~ York,
7:30 P.M. (~.D. SoT.), upon appl~cation of Genevieve
T. Daly and Kathrytl D. H~y, 2121 Al~zle
Br~l~, N~ Yo~, for a~al of a~ss ~ ac~r~nce
~l~ ~he S~e of N~ York ~ ~w, Sect~n
~ati~ of ~o~rty= ~ed ~n ~r
~t ~.3. ~ivate R~d E/S ~n ~r~ ~, ~u~old.
~ York. ~n~d ~ by G. ~ls, east ~
Kat/~Tyn D. Hoey.
7t45 P.~ (E.D.S.T.), upon appll~tion of (~eorge
Barzac Jr., ~aeau Avenue, S~old, New York, for
York ~n ~w, Sect~ 28~. L~at~n of
Pr~va~ r~ght-of~y (~ier Place),
("A" D~str~ct), Sou~old, ~ Yo~. ~un~a nor~
Saw~i, s~ by ~ivate r~d (M~r Pla~), west by
Joseph Mtlcet Lc.
LEGAL NOTICE
Notice of H~arinos
Pursuant to Section 267 of the
Town Law an~ the provisions of the
amended Build/~g Zone Ordinance
iof the Town of Southold, Suffolk
County, New York, public hearings
[will be hel~ by the Zorfi~g Board
of Appeals of the Town of South-
old, at the Town Office, Main
Southold,/~'ew York, on June 6, 1968
an the following appeals:
7:30 P.M. (~E~LS.T.,) upon appli-
cation of Genevieve T. Daly and
Kathryn ~D. Hoey, 2121 Albemarle
Terrace, Brooklyn, New York, for
approval of access in accordance
with the ~State of ~l'ew ¥~rk Town
Law, Section 280A: I~#~tion of
property: Proposed ~ .Harbor
Terrace, Lot No. 3. Private Road
E/S Town Harbor Lane, Southold,
New York. Bounded ~arth by G.
~ewis, east by Hippodrome Creek,
south by private road (Hoay Lane),
west by Kathrya D. Hoey.
7:46 P:M. (E~D:S.T.), upon appli-
cation a/ George Barzac, Jr., Bois-
seau Avenue, Southold, New York
for approval of access in accordanc~
with the Stale of /qew York T~wz
Law, Section 280A. Location of
property: Private right-of-way (Mei-
er Place),-E/S Boiesea~ Avenue
("A" District), Southold, New York.
Bounded north by Waiter and Frank
Sawicki, east by Waiter ar~l' F~ank
Sawicki, sout~h by private road
(~,~eier Place), west by Joaeph Mil-
oatic.
3:00 P.M. (E.D~S.T.), upon appli-
cation of Fred Masem, 126 Donc~an
Avenue, E. Patcho~ue, New York
a/c Charles and Collette Rivolta,,
the Zc~ing Ordinance, Article III,
Section 303, for permission to build
on a lot with frontage less than 100
feet. Location of pro~perty: Ole Jule
Lane ("A" District), Mattituck, New
Y~rk. Bounded north by J. Zebro-
alii, east by Ole Jule Lane, south by
Salvlna Zahra, west ~y Canal.
specified'.
DATED: MAY 16, 1968, BY
OHDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
ltM31
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
~~ ~'~'~ being duly Sworn,
.......... ......................
says that .. ~. ~ is ~tiatet oad ~ublJsbez ~ ~e SUFfOlK
couat~ ~nd tbet the ~ott~, ot which t~e aaaexe~ is ~ pz~ated
~py, h~s beea published ta tbe ~ Suffolk Week~ Times
oace ~a e~c~ w~k, ~ ....... ~ ............... week~
.... ...........
Swam to ~o~e me thi~ ~I~'....
............ : ....... .......
LEGAL NOTICE
Notice of Hearings
'pursuant to Section 267 of the
Town Law an~ the provisions ag the
amended Building Zone Ordinance
of the Towr~ of Southoldi Suffolk
County, New York, public hearings
will be hel~ by the Zoning Board
of Appeals of the Town of South-
old, at the Town OJiice, Mahl Roa~;
Southold, New ~o~k, on ~une 8, i968,
an the following appeals:
7~30 P.M. (BJD;S.T.,) upon appli-
cation of Genevieve T. Da]y &nd
Kathryn 'D. Hoey, 2121 Albemarle
Terrace, Brooklyn, New York, for
approval of access in accordance
with the 'State of ,New Yark Town
Law, Section 280A: Location of
property: Proposed Town ~Ha~bor
Terrace, Lot No. 3 Private Road
E/S Town /-/~bor Lane, Southold,
New York. BOunded ~lc~rth by G.
Lewis, east by Hippodrome Creek,
south by private road (Hoey Lane),
west by ~K~athryn D. Hoey.
{ 7:45 P.M. (E~A):S.T.), upon appli-
cation af George Barzac, J~., Bois-
seau Avenue, Southold, New York,
for approval of access in accordance
with l~he State of /qew York Town
Law, Section 280A. Location of
property: P~civate right-of-way (Mei-
er ,Place), I~/S BOissew.1 Avenue
("A" District), Southold, l~ew York.
Bounded north by Walter and Frank
Sawicki, east by Walter and. F~ank
Sawicki, south by private road
(rlVteier Place), west by Joseph Mil-'
cetic.
8:00 P.M. (E.D.S.T.), upon appli-
~cation o£ Fred Masem, 126 Donc~anl
'Avenue, E. 'patchogue, New YorkI
a/c Charles and Collette Rivolta,
ale Jute Lane, Mattituck, New York,
for a v~riance in accordance with'
the Zcming Ordinance, Article III,
Section 303, for permission to build
o~ a lot with frontage less than 100
feet. Location of prc, perty: ale Jule
Lane ( Dmtr~ct), Matt~tuck, New
Y~rk. Bounded north by $. Zebra-
ski, east by Ole Jute Lane, south by
Sa]vina Zahra, west .by Canal.
Any person desiring to be heard
on the above application should ap-
pear at the time and place above
specifiefl..
DATED: IV~Ay 16, 1968, BY
ORDER OF THE SOUTHOLD ,
TOWN BOARD 0F APPEALS i
ltM31
COUNTY OF SUFFOLK, I
STATE OF NEW YORK, ~ ss:
:. ..... dul Sworn.
s~s that . .~ .~ . is Printer and Publisher of ~e SUFFOLK
WEEKLY TIMES, a news~per publish~ ~t Gr~nport, in ~d
countw and ~at the noti~, ~f which the anne~d is a printed
copy, has ~en published in the s~d Suffolk Weekly Times
vnce in each w~k, for ........ ~ .............. week~
suc~ssively commencing on ~e ..~..~ .....
d~y of .... ~ ......... 19~ v
..... ..........
Sworn to ~Iore me this ~, I
day of ..... '~'~7 ...... 19~. ¢.. }
.... ......
NOTICE OF HEAI~I~GS
Pu~rsuant to Section 267 of the Town
i Law and the provisions of the amend-
ed Building' Zone Ordinance o[ the
ToWn of Southotd, Suffolk County, New
i York,' pdblic hearings will be held ~by!
i the Zoning Board of Appeals of the
Town of Southold, at the Town Office,
iMain Road Southold, Nev~ York, on
i June 6; 1968, on the following appeals:
7:3G P, ~M. (EDST), uPOn ~'PPiicatio~
of Genevieve T. Daly and K~thrYn D.'~
H0ey, 212t Albemarle Terrace, Brook,
State of New
~ection 280-~. Loca-~
bion of property: Proposed Town Har-
by G. Lewis,
H~pl~odrome Creek, south
(Hoey Lane), west
[EDST), upon application-
of George Barzac, Jr, Boisseau Ave-
i nue, Southold, -New York, for aPprov~
~ 'i of access in accordance with the .State
i aT 1Yew York Town Law, Section 280A.~
j Locat~on of property: Private right-;
of-w~y (Meier Place), E/S
IAvenue ('A!' DSstrict)j Seuthold,
~i ¥Grk.. Bounded ~orth by Walter and
I F rank Sawicki, east by Walter and;
Frank Sawicki, south by Private [oad j
'((Meier :Place), west by Joseph Milce~c,;
· ~ 8:0~i~.[ M., (EDST), upon applicatieni
'~f,. 1Tr~-~.~.Masem 126 DOnogan Avenue
:~:~! gue, Ne~ York a/C charles;
Matt~tuck, New York, for a variance':
in accordance with .the Zoning
nance,~ Article II~!~.Bection' 303,~ for-
permission t9 build ~a. lot with front.
~ge less than 100 feet. Location
property: Glo Jule Lane, ("A~' Dis*
tricO, Mattltuck, New York.-Bounded
north by J. Zeb~oski, east by Glo Jule~
~ Lane, south by Salvina Zahra. West b~
Canal. ~
~ Any person desiring to be heard
; the above applications should appea~
at the time and place specified.
DATED: I~AY 16, 1968'
BY O1~DER OF THE ~OUTPIOLD
TOWN BOARD O1~ APPEALS
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 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 Traveler-Mattituck Watch-
man once each week for ......... ~.~',,~;~..~,~...~/~'..~f .~wee~~x~ '
successively, commencing on the .............-~~~.~.~ .................
/
/
Sworn to before me this ......~~ .... dcy of
....
ADELE PAYN~
Nota~ ~aSl~c, State of New Yo~
Residing in Suffolk County
No, 52-3041000
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CL~RK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated ..................... ~.~ .......... ~..~.. ..... 19...~...~..
of ~ee#s..
for permit to construct ..O,V$~,l;gllg....~.....~..P.~..l'.~g~ premises loca~ea at ..................................
..... ..P~...~.¥.a.~.e....R...°..a...d ..................................... Street g/S Tm Harbor Lan®t 8outhold~N,[,
l~op,o.~ed .
~ap ....~o~m..~a.~bol,--Ter~le~ ....................................... Lot ..,_~, .......................................... is
- ' ...... disapproved on the followin~ ~round,~ ........ ~.~..k....,.O.~..~p~.~.O...V..~...d. ......
...~.~.,..~.~, .............. .s.~.,...~....~... ........ ?.o.~...~.,.... ....................................................................................
Building in~p~c~o~ .............. T .........
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF A'P~PEALS,i TOWN OF SOUTHOLD~ N. Y:
APPEAL NO. //~/
Ma- 1"
DATE .......~. .... ,.~..~...~..0..o
1, (We) .. 2f~D,e.:.,k f~y.f~.. T ..... D~ly. ...................... of ..52.~... HigZ'th:co. Qk..~e.,.> P. elh.~..}~a.no.r, N ' Y.
Nome of Appella. nt Street and Number '
and Kathryn D. Hoey of 2121 Albemarle Terrace,
............................ ~I~'K~'U¥ AI~I~hAL TO
Mu n ic ipa I ity State
THE ZONING BOARD O'F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ::~'/.~..~...../..¢).../....~...~,..~...
WHEREBY THE BUILDING INSPECTOR DENIED TO
XXX
( )
................... ~P~..~!.i. A~.t.~ ......................................
Name of Applicant for permit
of
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
( )
1.: LOCATION OF THE PROPERTY ..... T.o.~'~.:H~rko. r.,Lc,~a,...S.e~t.~ql& ......... ]: ........ ~.~...'.~[~,:~: (
Preliminary Map of To~¢~n Harbor T~~ Use District on Zoning MaP
Ter~ane~ Map No.3
lv~op No. Lot No.
2. PROVISION (S)OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, S,
section and Paragraph of the Zoning Ordinance by_~_mber. Do not quote the O~rdinance.~
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
i[C~X A VARIANCE due to lack of access (.State of New York Town Law Chap. 6.2 Cons. Laves
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal .'t1~) (has not) been made with
respect,
to
this
decision
of the Building Inspector or with respect to this pr01~erty,
Such ~ppeal 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
A Variance to the Zoning Ordinance
is requested for the reason that the access
of Town Harbor Terrace indicates
the
road. as shown on preliminary Map
complete access in conformity with
zoning regulations to Lot No.3
Form ZB1
(Continue on other side)
REASON FOR APPEAL
Con t inued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because Lot No.3 has complete access to the Totem Harbor Lane
which is a main thoroughfare and since Lot No.3 is large enough to
maintain itself and that the road leading thereto was built_ in
con.fOrtuity with the 'h±ghway regulations of the Town of Southold.
2. The hardship createdis UNIQUE andisnotshared by all properties alike in the immediate
vicinity ofthis property and inthis use districtbeca:use of the size and cnnstruction
of Lot No.3 which i,s different.and distinct from all other proposed
lots in the preliminary 'survey:
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the access ~oad to Lot No.3 was built in
confoz~ity with Town standards and it is an oversized lot which wou~d
enhance the character of the mmstr_ct rather than change the same
.t