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Home My WebLink About1201 TOWN OF SOUTHOLD, N~V YOI~K A~T~0N OF ~ ZONING BOARD OF APPEAL~ Appeal No. 1201 Dated August 12, 1968 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Robert A. & Phyllis A, Graeb To Woodcliff Drive Mattituck, New York 11952 Appellant at a meeting of the Zonin~ Board of Appeals on Septel~ber 5s 1968 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 th? Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a ~)ecial 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 7:30 ~,M, (E.D.S,To) ~ Upo~ application ~f Robert A. and Phyllis A. Gra. eb, Woodcliff Drive~ Mattituck~ New Yorks for permission to divide lots and for approval ~f access to two lots in accordance with the State ?f, New York Town Laws Section 280A° Location ~f property: private road ~ff east side Ole Jule Lane, Mattituck~ New York~ bounded north by private ,right of way, east by private right of way~ south by Schiller ar~ Zebroskls west by Staron° 2. VARIANCE. By resolution of the Board it was determined that (aS. Strict application of the Ordinance (would) (would not) produce hardship because SEE RBVERSE 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 REVERSE (cS The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because 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 'l~rbara Co Dittm~nns Secretary After ~nvestig.ation ~ ~nspection the B~a~d finds that the applicants request ~ermission to divide property and obtain approval of access. The Board approves access from Ole Jule Lane east to the north east corner of the applicantts property. The findings of the Board are that the applicant proposes to divide one lot into two lotss both of which meet the minimum requirements of the Southold Town BuildingZone Ordinance. The Board finds that the problem of sewage disposal and water are in the province of the Suffolk County Board of Healths not within the authority of the Board of Appeals or Southold Zoning Ordina/~ce. A condition of granting, this right of Way is that the right of way shall be improved by cle~rim~weedss grass~ un.~e, rbrushs it shall be gradeds and back-run to fill in iow spots, The m/nimum suxfface to he'imprOved shallhe 15 feet. This right of way Shall be subject tO .the final approval of the buil ,c~ng ~inspector&~ The Board finds that strict application of the Ordinance ~ill produce practical difficulties or ur~necessary hardshipl tb~ hardship created is unique a~d would not he shared by all properties alike in the immediate vic'inity of this property and in the ~ame use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district, THBRBFORBs IT WAS RB$OLV~D Robert A. and Phyllis A. Graeb~ Wood- cliff Drives Mattitucks New York~ be granted permlssio~ to divide lots and o~ain approval of access as applied for on property 1= ated on private road off east side Ole Jule Lanes Mattitucks New York. The right of way shall he improved as se~ forth above. Pursuant to f4c~J~u 26? ~ ~o Torn Lev ~nd l~e~JfJ~ne o~ ~bo muendod ]Ju~d~n~/ ~n~ OrdLuince o£ the Toun o£ 8outho~d, Su~fo~ county, Iov ~ork, pUb~Lc of ~ Toil of 8ou~hoZd, at the Tarn Of£~, KiLn Road, Sou~Gd, lev ~o~, on Au~J~ 29, ~, oe ~e 7t4S ~.~ (B.D.S.T.), upeu ipp~cm~on of A~bez~ and ~Lue Gr&XX~., ~ld~ngt~EI Avenue, OroeupOZto Bev York, Art~e ZZZ, f4ct~ 303, ~nd Art~e X, SictLo~ Z00Gi, for pendJi~ou to redvco frontage. LocitLou of property, LEGAL NOTICES NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the amend- ed Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings w~ll be held by the Zoning Board of Appeals oi the Town of Southold, at the Town Office, Main Road, Southold, New York, on September 5, 1968, on the following appeals: 7:30 P. M. (EDST), upon application i of Robert A. and Phyllis A. Graeb, Woodcliff Drive, Mattituck, New York, for permission to divide lots and for approval of access to two lots in ac- cordance with the State of New, York i Town Law, Section 2~0A. Location of property: private road off e~t side Ole Jule Lane, Mattituck, New York, bounded north by private right-of- way, cact by private right-of-way, south by Schiller and Zebroski, west by Staron. 7:45 P. M. (EDST), upon application of Albert and Thaine Grllli, Washing- ton Avenue, Greenport, New York, for a variance in accordance v~th the! Zoning Ordinance, Article 1TI, Section 303, and Article X, Section 1000A, for permission to reduce frontage. Location of property: north side Washington Avenue, Oreenport, New York. Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: AUOUST 1§, ~ BY ORDER O1~ THE SOUTHOLD TOWN BOARD O1~ APPEALS COUNTY OF SUFFOLK l ss: STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK WATCHMAN, o 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- successively, commencing on the ................. -.,~.....: ............... Sworn to be{ore me this ...... ~2.~...'. ......... day of Notary Public ~/ 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 Southold, Suffolk County, will be of appeals: Mattituck, · permissian to divide o.f access to! twd lots in accordance with the State of New York ToTM L~aw, Sec- tion 280A. Loealion of pro,p.erty: private road off east side Ole Jule Lanel Mattitu-~;l~,..!New 'York,~ bound2 ed ,north by 'pri~a.te right-of-way, east .bY private right-of-way, sodth~ ,by Schiller ~and ZebrOski, west by -Sta~on. · . , COUNTY OF SUFFOLK, ] ~' STAT~- OF I~IEW YORK, ~ ss: says that . .~..~ is Prinie¢ and ~bHsher ,of the SUFFOLK %rEEELY TIMES, a newspaper published ~at Greenport, in said cou.nty~ .and ~hat the n'oti~, of which the ,annezed is a printed ~opy, .has been published in t'he s~aid Suffolk Week~ Times o.nce in each week, ~or ...... ~ ............... week~ successively commencing on ~e . ~~ .......... S~rn to befo~re me this .~%~ .~.. 1 day of ......... 19¢.~'.. J I~O~M ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL:ERK'S OFFICE SOUTHOLD, N. Y. I~OTICE OF DISAPPROVAL File No ................................................................... Date .] ..................... ~.~g~.s...t.....J.2. ................ 19__.6...8 14attituck~ N.Y. survey - - : ~mae lo~ on pvt - -~or permit to ~_~ ...................................... ~[~i~e premises located at .................................. Map ........... ~ ....................... Block ........... ~ ....................... Lot ............ ..~y.~x.. ............................. is Y~YX Sec 280A Town La~.~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'~,~ O/ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ROBert r ~ . Graeb and :K (We)..~.h~.lis.:A,..~Gr~aeh ........................... of .i.'.W. Qo~ti~',,f...D,,~i~ .................................... Name of Appella,nt Street anci Number ~t~i'q~k'[ ................................... .................................. l~..~r.QZ'k .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .......... /.. ) WHEREBY THE BUILDING INSPECTOR DENIED TO .......... Name of' Appiic~:~-"f~;-":~';.~i-[- ................ of ( ) ( ) PERMlT TO USE PERMIT FOR OCCUPANCY 1 LOCATION OF THE PROPERTY East,.of 0tejule Lane, on 2~.. ft. right o£ way Street Use District on Zoning Map .l. emd./~...e.~s..t.w.e,r.d..$.z:.~...0.1.e.;j:~i.e...L.e~e, adjoining land of Starch. Mep No. Lot No. sectian~ and Paragraph of the Zoning Ordinance by nu, mbe[. Do not quot~the 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordin,a,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 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- Ordinance.) 4. PREVIOUS APPEAL A previous appeal (has)~ been madc=:,~c'_"~:: _ ' ~-.:' -:.:_-- - :- z ~' ' '-:.: -."~_ - - :- ..--ith respect to this property. Such eppeal was ( ) request for a special permit ( ~ request for a variance (X)request for access and was made in Apl~eal No ....... ~29 ................... Dated ..M~rch..iS.,...i~62 ................................ &ccess was ~ranted for the single lot subject to approval of the " REASON FOR APPEAL .( ) ( ) ( ) is requested for the reason that into two lots. A Variance to Section 280A_Subse_ction 3 A Variance to ~e Zoning Ordinance applicants wish to divide their property l~or~n ZB1 (Continue on other side) REASON FOR APPEAL C:ontinued 1 STRICT APPLICATI'ON OF THE ORDINANCE WOuld produce practical difficulti'es or unneces' sary HARDSHIP beCause applicants are the o~ers of a lot fronting 200 feet on a 25 foot right of way with a depth on the East of 1#0.35 feet and on the West of 118.71 feet. They wish to divide~ the lot as show~ on the enclo~sed sketch so that each lot Will contain' over i2~500 feet. The properties to the North and East of these lots are moderate sized parcels and moderate sized residences. It is believed that the parcel could be _better utilized in two lots-with privileges for each lot on the dredged canal. The locality does not warrant a large residence for the whole lot and a small residence on the single parcel would be out of character. 2. The hardship created, is UNIQUE and is notshared by all properties alike in the immediate vicinity ofthis property and in this use district bec,ause the residences in this neighborhood are all on public roads.-This parcel is the only one on a private road. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DI.STRICT because it wo~!d coz~orm to the other lots ±~ the neighborhood. Applicants would also construct a suitable oiled road extending easterly from Olejule Lane to the northeast corner of the property of at least ten feet in width. STATE OF NEW YORK ) ) COUNTY OF Suffolk ) Robert ~. Graeb Sworn to this ..........]'.~...~..~.. .................... day of ............. ~.~.~,S.~. ............................ 19 68 LAW OFFICES WILLIAM WICKHAM MATTITUCK, LONG ISLAND NEW YORK [1952 5i6- 298- 8353 August 12, 1968 Board of Appeals Tow~ o£ Southold Main Road Southold, New York Gentlemen: We enclose £or your consideration am appli- cation for a variance in behal£ of ~r. and ~_rs. Robert Graeb. 0~r check to coyer your filing fee of ~5.00 is also enclosed. WW/as emcls. Very cordially your~ , September 5, 1968 We the ~ of the 01e Jule~i~i~ recommend that the application for division of the lot owned by Robert A. and Phyllis A. Graeb, located on private road off east side of 01e Jule Lane, Mattituck, New York, bounded north by private road, south by Schiller and Zebroski, west by Staron, be denied. September 5, 1968 We the m~s o~ the Ole Jule recommend thm~the application for division of the lot owned by Robert A. and Phyllis A. Graeb, located on private road off east side of 01e Jule Lane, Mattituck, New York, bounded north by private road, south by Schiller and Zebroski, west by Staron, be denied. Auquet 22, 1968 Robert &. G Phyllte A. Graeb woodcl J.££ Drive MattLtuck, L.Z., ~ev York 11952 Dear Hr. & Mre. Or&eh, In the legal notice FOu received, the date £or the Board of Appeals hoar*-ga wu stated to be Auquot 20. Thls date has been changed. The hear/ag for Four appllcat/an w~ll be held on September 5. rt w. Gllllal$1e, ~r. ~0~ChaLTman Southold bn Board of Appeale