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TOWN OF SOUTHOLD, NEW YOI~K
ACTION OF THE ZONTNG BOARD OF APFEAI~
Appeal No. 1219 Dated October 30, 1968
ACTION OF THE ZONIN~ BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To George W. Smith & Sons a/c J.E. Font. aha
Main Street Chesnut Road
Southold, New York Southold. New
DATE .D~.aemmb~_~ 5, 1968
AppeUant
at a meeting of the Zoning Board of Appeals on
wa~ 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
( )
the al)peal
~1. SPECIAL EXCEP~FION. By resolution of. the Board it was determined that a ~pecial exception ( ) be
granted (X)~be denied pursuant to Article ....:IIT..~. Section ..... 3,05, ..... Subsection .................... paragraph
.................. :; of the Zoning Ordinance, and~ the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 7;45 P.M. (E.S.T.), upon application of George W. Smith
& Sons, Main Street, Southolde New York a/c J.E. Fontanaa Chesnut
Road, Southold, New York, for a variance in accordance with the Zoning
Ordinance, Article III, Section 305, for permission to construct an
addition to existing building with reduced front yard setback. Location
of property: corner of Kenny's Road and Chesnut Road, Southold, New
York, bounded north by Essman and McMullen, east by W. Dickinson, south
by Chesnut Road, west by Kenny's Road.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (wonid not) produce
hardshil) because
SEE REVERSE
practical difficulties
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by ail properties
alike in the immediate vicinity of this property and in the same u~ cilstrict because
SEE REVERSE
(c) The variance (does) (dces 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
and that the previous decisions of the Building Inspector (
FORM ZB4 -Jt:l '- - :'
determined that the requesied variance ( ) be granted ( ) be denied
) be confirmed ( ) be reversed.
!~ONING BOARD~O.F APPEALS
After investi~a~ion and insPectio~ the Board finds that the applicant
requests permission to construct an addition to an existing building with
reduced front yard setback. Th~ ~Qard finds there is no legal hardship
involved in this case. The applicant has ample room to const=uct an
addition in the rear yard qf his property, andtherefor~ should not be
permitted to encroach on the front yard area.
The Board finds that strict application of the Ordinance would
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~ the
variance does not observe the spirit of the Ordinance and would change
the character of the district.
Therefore, it was RESOLVED George W. Smith & Sons, Main Street,
Southold, New York a/c J.E~ Fontana,~_C~hesnut Road, Southold, New York,
be DENT~ permission to construct an addition with reduced front yard
setback.
ance in accocdance with the Zoning
Ordinance, Article III, Section 307,
for permission to cor~truct an addi-
tion to existing ,building with Lnsuf-
ficient side yard· Loca,tion of prop-
erty: Lot No. 22 Village Manor, east!
side of Vill,age Lane, Mattituck, New
York, bounded ~north by private'
road, east by Ruland, south by Mc-]
Bride, west by Vfllage Lane·
7:45 P.M. (E.S.T.), upon appIica-
tion of George
Main Street, Southotd, New York l
a/c J. E. Fontana, Chesnut Road,
Southold, New York, foa- a v,ariance.
in accordance with the Zoning Or-
dinance, Article III, Sectior~ 305, for!
permission to construct an addition to
existing building with reduced fron.t
yard setback. Location of property::
corner of Kenny's Road an,fi' Ches-
,nut Road, :Southold, New York,
bounded north by Essman and Mc-
Mullen, east by W. Dickinsor~, south
by Chesn~ut Road, west by Ke~nny's
Road.
8:00 P.M. (E.S.T.), upon applica-
tion of Phoenix Con~st~uction Co.,
1531 Pine Acres Bird·, Bayshore
New York ~/c Jacob Mo]lick, 120
J Meadowbrook Road, Hempste~fi', ~New
' LEGAL NOT{CE York ,for a variance in accordance
with the Zoni~g Ordimance, Article
Notice of Hearings III, Section 307, for permission to
rktrsuant to Section 267 of the build ,new one family dwelling with
Town Law and the pwovls.ions of the, reduced side yard area. Loca,tion of
amended ~uildlng Zone Ordinance l property: east side Westview Drive,
of the Town of Southold, Suffolk~ ,Mattituck, New Ycwk, bounded north
Courrty, New York, public hearingsl,by R. Kennedy, east by Westview
~ill be held by the Zoning Board of ! Drive, south by E. Dennis, west by
ppe~ls of the Town of Southold, at I Mattituck Creek.
the Town Office, Main Road, South- i Any persor~ desiring to be heard
old, New York on November 21, i
7:30 I~.M. (E.S.T.), upon applica-~lspecified'.
tion of Irfland Homes Inc., 432 Mid-; DA'II~D: ~rOVE~IBER 7, 1968, BY
die Country Road, Selden, 'New { OR~ER OF TJ-IE SOUTHOLD
York a/c Fred Ki~tler, Village Lane, TOW~N BOARD OF APPEALS
Mattituck, ~rew York, for ~: vari- lt~/15
COUNTY OF SUFFOLK, ]
STAT£ OF N~-W YORK, ~ ss:
s~ys that . ~..~..., is Printer and Publisher
WEEKLY TIDIES, a newspaper published ~t ·
county: and that the notice, of which the ,an
copy, has been published in the s~id Suffc
~nce in each week, for ......... ~...
successively commencing on the .. ~;
Swo~n to before me this . (.J~..~r~i:.. ,
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
NOTICE OF HEARINGS
Pursuant to Section 267 of the Town-
Law. and the Provisions of the amended
Building Zone Ordinance of. the Town
of South01d, Suffolk County, New York~
public'hearings will be held by the
Zoning Board of Appeals of the Tow~
of S0uthold, at the ~own Office, Main
Road, Southold, New York, on Novem~
bar 21,1968, on the following appeals:
7i~30 p. M. (EST), upon ~pplication
of Inland Homes, Inc., 432' Middle
Country l~ad, Selden New York a/c
Fred'Kittler Village Lane, tVIattituck,
~ew York,~ for a v~iance in accordance
with the~ Zoning Ordinance, Article
III, Section 307, for permission to con-
truct an addition to existing building
ith insufficient si-de yard. Location of
Property: Lot No.. 22 Village Manor, l
~ast side of Village Lane, Mattituck,
~ev~ York, bounded north by private
~oad, east by Ruland south by
Bride, w~est by Village~Lane.
7:45 P. M. (EST), upon application
!~f-George W.-Smith &: Sons Main
Street, Southold, New York a/c J E.
~Fontana; Chestnut Road, Southold,
NEW Yo~k, ~or a variance~in a~ccord-
ance. ith the .Zoning Ordinance, Au'--'
ticle I, Section 305, for permission
bonst Ct an addition to existing build-
ing ~ ~h~' reduced front yard 'setback,
Locat n .of propei-ty corner of Ken-
ney's' ['Road Southold, New York,
boun¢ ~d no~th by Essman and
Mulle ~ ~east by W. Dickinson, sout~
by' C: .eSt~ut l~ad. west by Kenney s
Road ....
8:00 P. lVl. (EST), upon application
of Phoenix ~0nstruction co., 153i Pine
Acres Blvd., Bayshore New York a/c
Yacbb Mbllick, 120 Meadowbro0k Road,
![empstead Nero York,-for a variance
n accordance with the Zoning ordi-
~ance; Article iii, Section 307, ~for pe~z
aission to build new one family dwell-
ng with reduced side yard area. Lacs-
ion of property:, east side Westview
,Drive, Matiiguck, .'iXTew York, boundedt
/north by R. 'Ke~iledy, east by West5.~
view Drive, south ~by E. De .nnis, west
by Mattituck~ ,creek. -
' Any:person desiring to be heard on~
[.~he above_ applications shoflld appear~
~. the time and pla~e specified.
DATED: NOVEMBER 7 196~
Bz ~oaJ~ER OF ~E' SOUT~OL~
TOW~ BOARD OF APPEALS
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.. .........weeks
successively, commencing on the ~;~ ~
day of /~!~. ~.-4.~.~.~ ~ ~¢ ~ '
Sworn to before me this ................... day of
ADELE PAYNE
Notary PubJic, State of New Yor~
ResJdin~ in Suffolk County
No. 52-3041000
Commission Expires March 30,
TOWN OF SOUTHOLD, NEW YORJ(
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. '/~'//~.
TO THE//,~.~' ~. ~//' ~' ,,~ZONI~G BOARD OF,APPEALS~ TOWN OF SOUTHOLD, N. Y.
1, (We) .~.. ~.~/~_~.~..?..'~.. :. :~.~.~ .~....~ of ......... ~~.~...~ .................
'~'~ame of Appellarn.t Street and Number ................
........... ./~e~g~,~~~ ............................................. .~..~. ......... HEREBY APPEAL TO
Municipality
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. DATED
WHEREBY THE BUILDING INSPECTOR I~ENIED TO
;? ................
Street and Number Municipality ~tate
() PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
Street~z ~ ~ Use District on Zoning Map
Map No. · Lot No.
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section ancl Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
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 ~ (has not) been made with respect to this decision
of the Building Inspector or with respe~ct 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
~ A Variance to the Zoning Ordinance
( )
is requested for the reason that .~- ~gr~/,~.., 7~-~..
· s ._ // ~' .
Fo~-r~ ~.~ ~, (Continue or/other side)
REASON FOR APPEAL /; : ~ Continued
1. STRICT APPblCATION OF THE ORDINANCE would produce procticol difficulties or unneces-
. sary HARDSHIP because ~ ~ '
2. The hardship created is UNIQUE and is not shared-by all properties alike in; the immediate
vicinity 6f this property arid in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
.... COUNTY 'OF ' ' ) ..... Signature
SWorn to this ,. .................................... day of . ,1
FORM NO. I
TOWH OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Examined ................ ..".i'. .............. ~.., 19 ........
Approved ..~ .................. : .................. , 19..:~ .... Permit No..i .... ~ ........... ..........
Disapproved a/c .~ ....................................................................... ~ ....................
Application No .............................
APPLICATION FOR BUILDING PERMIT
Date ........... , 19 ............
INSTRUCTIONS
a. This application must be comPletely filled in by typewriter Or in ink and submitted in duplicate to the Building
Inspector.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application.
c. The work covered by·this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit tO the applicant. Such permit
shall be kept on the premises available for inspection throughout the progress of the work.
e. No building sh.all be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS H,EREB¥ MADE to the Building Department for the issuance of a'Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal .or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordina~es, building code j~d re~gulati~ons.
(~i~gnat~u~e of~ap~plicant, or name, if a corp'~;¥i~'~')* ........
. · . ...... .........................
tess of applica~9~
State whether applicant' is owner, lessee, agent, architect, en.a, in.eer, general contractor, electrician, plumber or builder.
Name of owner of premises~:...~.i:.~...~~
if a.ppticaj~ a corporg~e, sigr~pture of dully authorized .officer.
(N e and title of corporate office)
1. Location of land on which proposed work will be done. Map No.: ............ Lot No.: ........................
Munici pality
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy ..... ~
b. Intended use and occupancy .....~..~ ....
3. Nature of work (check which ap~ able): New Building .................. Addh . Alteration
Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................................
4. Estimated Cost .. .~.~...~.~. .................. ~ .............. Fee ....... .~ ....... ". ........................................................................
(to be paid on filing this application)
5. [f dwelJing, number of dwelling units ............................ Number of dwelling units on each floor
If garage, number of oars .............................................................................................................................................
6. If business, commercial or mixed occupancy, specify nature arid extent of each type of use ............................
7. Dimensions of existing structures, if any: Front .... .-~.....~... ............ Rear .....~....~i .................. Depth ..~...~ ............
Height .....~..~.. ............. Number of Stories ...... ...~...~ .............................................................................................
Dimensions of same structure with a. lterations or additions: Front ..~'~.~..~... ...........; .......... Rear ,,f..'~.~..
Depth ...~..~. ........ ' ........... Height ....../.~.....'~. .......... Number of Stories ...~ ...............
8~ Dimensions of entire new construction: Front ....~,,~-.~ .................... Rear ...~fi.~ ............Depth ..2n..~.~.. ................
Height ..... ./....El ..... Number of Stories .... ~ .....................................................................................................
.......................... ~0 i 6''''~ .
9o Size of lot: Front ~.~.~'~r9 Rear ..... /...-A.. ..... : .................. Depth ...............................
10. Date of Purchase ........................................................ N~.me of Former Owner ........................................................
1 1. Zone or use district in which premises are situated ....... /~...¢~¢7 ..................................................................................
12. Does proposed construction violate any zoning Iow, ordinance or regulation? ...~t~ ..................................................
premises ;'~_. ~~...~ .Address
13. Name of Owner of ~s~.% .............................. ............................................ Phone No .....................
Name of Architect .-~,. ........,~ ..... ~....~ ...................... Address ~iiiiiiiii Phone No .....................
Name of Contracto~~~.~.';.~' ....... Address Phone No .....................
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate
whether i,nterior or corner lot.
STATE OF NEW YORK, tc~ , . .
cou T , ......... '
,....., ...... ;' .......... ~,//~~Z::'.:being duty sworn, deposes and says th.aC he is the applicant
(No~ivid~s~i~ '~~~
above named. He is the ..~~ ........................................ ¢ ....................................... ': ...........................
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file
this application; that all statements contained in this application are true to the best of his knowledge and be[led; and
that the work w~li be performed in the manner set forth in the application filed therewith.
Sworn to b~fore me this ~ ) ~ / ~
..... .... ........... ,
· , ...... ..........................
N,OTA~Y PUBL~C~ State of New Yer'~ ~ '
No 52-3233120 ~.arcbSUff°'k30, C~,n~/,~-
~er~ Expires ~/