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Home My WebLink About1177TOW~ OF SOUTHOLD, ~W YOR~ ~AT~.~....%.6..~....A?..68 ACTION OF TII~ ZOninG BO&~I~ OF APPEALS AppeM No. 1177 Dated April 19, 1968 ACTION OF THE -ZONING BOARD OF APPEAt~ :OF Tlt~ TOWN O~ soUWHoLD f To Maxilyn Hofmarm 183 ~pruce Street ' : Roslyn Harbors New York Appellant ~t a ~heetii~ of the Zonir~B°ard of AplSeaisLonThUrsdaYs May 16s' 1968' 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~ Z_oni_n~ ~Ord!n~,ce (X) Request for a variance to ~ Zoning Ordinance ~e appeal 1. SPECIAL EXCEPTION By resolution of the Board it was determined that a ~ecial exception ( ) be ~rantod ( ) be denied pursuant to A~ticle - ~ S~tiofi .............. ~...... Subsection ....:,.,...:_.../ paragraph .................... of the Zoning Ordinance. and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:30 P.M.(B.D.S.T.), Upon application ~f Martian H~fmann, 183 Spruce'Street, Roslyn _H~r~or, New. york, for a£variance in accordance with the Zonin9 Ordinance, Article III, Section 303, Article X, S~c_tion 1000As for permission ~o divide prop~r-_ty with. insufficient fronta9e and area. Location ~f property: Peconic · Sho~es, Lot no. !2, Peconic~New York, bounded.north ~b~ Sound L Avenue, east by Marion Murdock~ south by G.j. Hofmanns west by 2. VARIANCE. By resolution of the Board it was ~etermin~d* that ~ (a)~ Strict application of the Ordinance (would) (would not) produce practical dffflculti~.s or unnecessary hardshin because (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the inm~ediate vicinity of this property and in the same use district because SEE RBVERSB" (cS The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because 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 Barbara C, Dittmanns Secretary After investigation and inspection the Board finds' that.~he~ · :~ppllcant requests permission to divide property w?th insuffici-ent~ frontage and area for either lot to be crea~ed. The broperty'in question is lot numb?r~ 12 in Peconic~ ~. Shores, Peconic, a filed map sub- division. The Board finds that'hOUSes Were ~r~ted on the lot prior to the enactment of the Zonln~ Ordinance and the Board is recognizin~ an existin9 condition in this case. A condition of 9rantin9 this variance is there shall be no alterations to the present structure other than the addition of a i~one car 9arage, to be m~Yimum dimensions of 18 feet by 22 feet. The Board finds 'that strict application- of the Ordinance would prod~e Practical difficulties or unnecessary hardship; the harashlp created is unique~and WnUld not'be shared by~ al!~properties alike in the immediate vicinity of this property and in the sa~e use. dis~--ict and the variance does observe the spirit of the Ordinance and will not change the character of the district. Therefore, it was RESOLVED Marilyn Hofm~uh, 183 Spruce Street, Roslyn Harbor, New York, be 9ranted permission to divide property with insufficient frontage and area as applied for, on property located Peconic Shores, lot no. 12, Peconic,New York. 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, New York, public hearing will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on May 16, 1968, on the following appeals: 7z30 P.M. (E.D.S.T.), upOn application of Martlyn Hofmann, 183 Spruce Street, Roslyn Harbor, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000A, for permission to divide property with insufficient frontage and area. Location of property: Peconic Shores, Lot No. 12, Peconlc, New York. Bounded north by Sound Avenue, east by Marion Murdock, south by G.J. Hoffman, west by Huntington Blvd. 7:45 P.M. (E.D.S.T.), upon application of Walter Miller Jr., East Legion Avenue, Mattituck, New York, for a variance in accordance with the ~oning Ordinance, Article III, Section 303, Article X, Section 1000A, for permission to divide property with insufficient frontage and area. Location of property: Riley Avenue, Lot No. 18, Mattituck, New York. Bounded north by Walter Miller Jr., east by Julius Zebrowski, south by James Wasson, west by North Riley Avenue. LEGAL NOTICE ~ursuan~ to Section 267 .of the[ Town Law and the ~rov~tons ~e amended B~n~ Zone ~n- ance of ~e T~ of ~tho~, Suf- fol~ ,~u~ty, ~ew York, public he~- ~ w~ be =h~d 'by the ~ ~ ~ ot ~e Town of Sou~hold, at ~e Town Office, Main R~d,- ~ut~ld, N~ York, on May 16, 19~, on the fo~g cafio~ ~ ~arHyn ~ofma~., 183 yor~ f~ a v~i~e in 9coc~ce~ with the Zo~ng ~an~, ~t~cle~ 1000A, ~r ~r~s~n to d~de[ r~y with i~cie~t front~e~ ~d ar~. ~ation of ~rt~:~ ~ Yor~ Bo~ north by ~nd Avenue, ea~ bY Ma~on Murd~h, ~uth ~y G. J. Hof~an, w~t by Hu~n Blvd. 7:45 P.M. (E~.S.T.), Upon applica- ~ ~ W~ ~ller Jr., East ~- gion A~ue, Mat~tuck, New York, f~ a v~ia~e in accordan~ ~ the Zo~g ~nce, A~lcxe x~, ~ti~ 303, A~cle X, S~tion I~OA, for ~ssion ~ divide )~y ~ i~cient frontage~ a~ ~. ~a~on of property: Riley A~n~, ~t No. 18: Matti-~ ~ek, ~ Y~k. Bo~d~ n~h by Walt~ Mgl~ Jr, east ~Y J~i'us Zeb~wski, south by ~am~ Wasson, ~t by N~ ~ley Avenue. 8'00 ~. (E.D:S.T.), u~n app catic, n of ~ward ~hild, c/~ Ar- row Fish~g Station, Old Ma~ Road, ~u~ld, ~ York, for ~ spe~al exc~tio~ in a~d~ce with the ~on 408, S~bsec~on (a), ~r per-, ~tional s~, 2 f~t by 8 f~t. Lo- ca~o~ of p~rty: Map of Sanford ~utho~ff, New yc~rk. no~h ~Y Railroad, ~st by J. Oates sou~ by ~in Road, west by catio~ of A. W. ~bert~n Jr. Mai~ S~ S~ut~ld, New york with the ~ng ~ace,' ~ticle IV, ~on 408, Subsection 5 (d), ~r ~r~s~ ~o ere~ a ~d ~ si~ 4 ~t by 8 f~t. ~ation of p~per~: south s~. ~ad, ~u~d, N~ york. ~o~h by Ani~ by g~ph ~mez, south by Road, wes~ by Gen~ieve ~y person desiring to be heard the above applicat~ shoffid ap- p~r at ~e ~me and place above specified'MAY 6, 1968. BY ORDER OF T~ sOUT~OLD TO~ BOARD OF APP~LS cOUNTY OF suFFOLK, ~ ss: STATE Nsw vos . ~v. o~-~ .~. ~.~.?:~..~..~.~.~..~..~. ...... being duly Swor~ ........ - ~:- ~ ~ Printer and Publisher ~f ~e SUFFOL ~EEKLY TIMES, a news~per county; and ~at the noti~, ~of which ~e ~ne~ is a printed copy, has been published in the ~id Suffolk Weekt~ Times once in each w~k, to'r ........ ~.~ ............. week~ suc~ssivelY ~mmencing on ~he · -' ............ ......... ~/e.~, . Sworn to ~f~e me this ........... ua~ of .... ~ ~ ....... l~attituck,. New York, for a vari- in accordance with the Zoning Ordinance, Article !II, Section. 303, t Article X, Section i000A, for permission ~o divide proper~y~ vaith- i~4.sufficient and ~rea. Location of bo erect an of[ permises, feet by 8 feet. Loca- tion of ProPerty: Map of Sanford Brick Co.. LoG No. 12, Main Road, Southold, New York. Bounded north by Railroad, eas~~ by ~. Oabes, south b~ 'Main ROad, ~w~st by J. Gates. 8:15 P M. (EDST), upon application of A. W ~lbert~on, Jr. D½B/A Albert- son Marine, Inc., '56275 Main Street, $°uthOld, New York for a specia~ exJ '~ cep~ion in accordance with t~e Z°ning -Ordinance, Article ZV, Section 408 Subsection 5 (d), for permission erect a second wail sign, 4 feet by feet. Location of property: south side Main Road, S~)uthold, New York., Bounded n°rt~, by ~nita Alber~son east .by Joseph Oomez, sou~h Road; west by Genevieve Albertson. Any person desiring to be heard the above applications should appear at the tim~ and place specified. DATED: ~Vi~Y a, i96~' , - BY ORD~,!~.,O~ THE SOUTHOLD TOW. N BOARD O1~ ,APP]~ALS COUNTY OF SUFFOLK J STATE OF NEW YORKt 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 punished in said Long Island Traveler-Mattituck Watch- man once each week for ...... ~..,~/~....~Z .~..,~wee~/ successively, commencing on the ................... .~... ................ day of .......c~.~,,,~. ......... ~, Sworn to be{ore me thb ....... Z...~.. ........ doy of ......... , AD6LE PAYN~ mo~ary Pubtic~ State of New Residing io Suffolk County No. 52-3041000 Commission Expires March 30. t9r~ FO'I~M ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFIC£ SOUTHOLD. N. Y. I~OTiCE OF DISAPPI~OVAL File No .................................................................. Date .............................. , .A..~..r..i...]_. .... ~..8. ........... 19...6...8.. ........... ~.fi3. ..... .s. ~. ~..v.,e,.e,....s. ~..~.,e. ~.,t ............................. ................ ~Q~.i.~..~... ~.a..~.?on~..~. ........ .!~~ :,~.: ...... ] j...5..?.6 Survey PLEASE TAKE NOTICE that your X~ dated ............. ~.., ...... J.3. ................ 19...6...8.. x.~B~~to ~l~l~uR~l~t.i.v.i.8.~...10.~ ............... at the premises located at ...~:./..'.S... .... ~l.v.d.,.&.. 3/S...~..o.~:.. ~k. y...e.....~.~.V..i...v..a..t~treet Pe conic N ,Y, Map ...P..e...c..o..n...i..c.....S..~..o. ?..e..s. ....... Block ......... ~ .Y. ff.~. ......................... Lot ....... j..2.. .................................... is ~~~~r~(disapproved on the following grounds ...~...i%.s.:.~..~[l~.~...c..~..e.r~..L.....f..Y...o.~.L..e.,g.e and ...~.e.~. .......... .A..~.t...I.%!...s.e.c...3.O&.. ~.. ~.~z.~...~.. ~.~..c... J..0..0.0.~.. .............................................................. Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Maril~yn Hofmann ~ 183 Spruce Street 1, (We) .. '~.. ..: ..... ': ............................................................................................................ Name of Appellont Street and Number .. .................... .~...o.~..~.Z:~.z...~.&..~..'.b..o...~' ...................................... · ..'~i.e.?f..Z.o...~.~. ...... HEREBY APPEALTO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR., ON · APPLICATION FOR PERMIT NO ...................................... ~,L~, ......... '..,;. .................... 2 ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (~ Maril~..n. Hofmann Name of Applicant for permit of '~ ~ ~ ° New York Huutin~ton ~oulevard ...... ,...~..e..q.9.:g...:..9. .......... ~. .... ~ ........ ..~: ...................... ...............................................Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to divide Lot Sound Ave. ~ w~:-nti~-~ton Blvd.~ "A" District LOCATION OF THE PROPERTY~· ..... ~* ................... ~ .............. ~ ................................................. Street~ Use District on Zoning Map Peconic Shores ......... ~.9..t.....1.~ .............. ?..~conic Map No. Lot No. 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 Ordinance.) Aritcle III Section 303 and Article X Section lO00A 3. TYPE OF APPEAL Appeal is made herewith for (X~ 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 ([~) (has not) been made with respect, to this decision of the Building Inspector or with respect 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 (X]~ A Variance to the Zoning Ordinance ( ) is requested for the reason that as Indicated on the attached Survey~ two houses now exist on Lot 12~ with one being at the extreme southern end adjoining Lot 36 Which is also owned by the applicant. These houses were built prior to the present Zoning Ordinance by George T. Quigley and were willed to his son, George ~fo Quigley and his daughter, Marilyn Hofmann. ~onu ZB~ (Continue on other side) , REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because since the death of George T. Quigtey in 1965 ova~ership of two houses by two families has been found to be -= after three years of trial c ~ ~ -- omp~e~ely impractical~ Difficulties frequently arise in many areas =~ including the responsible oportzon~ent of maintenanoe~ utility rate charges~ real estate taxes and ot~er matters common to the ownership of a home. 2 The hardship createdis UNIQUE andisnotshared by all properties alike in the immediate vicinity ofthis property and in this use district bec,duse because two houses exist on the same Lot ~_d are o~.rne~ by two families, in addition, the re~ location of the property lime. as indicate8 on the attache~ survey~ to provide for individual o~mership of each house would eliminate any possible legal difficulties in the event of the death of one or more of the owners~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because other thaz~ the relooatiom of the line dividing the Lots 12 and 3~, the existing character of the property and houses would remain unchanged, STATE OF NEW YORK ) ) ss COUNTY OF~ ) Sworn to this ......... .,' ...... ,,~,, ,2(~, .........day of ........................................ 183 Spruce Street Roslyn Harbor New York 11576 April 1965 The Zoning Board of Appeals To%m of Southold New York Gentlemen: As you indicated in our discussion yesterday in your office, the attorney responsible for the drawing of the will and the subsequent handling of the estate of my father, George T. Quigley, failed to request a varience prior to the registering of the Deeds in the names of George W. Quigley and Marilyn Hofmann. At your direction, therefore, we are submitting an application for a varience to the Southold Zoning Ordinance. Enclosed are two copies of the Appeal From Decision of ~uilding Inspector, a copy of a survey made by Van Tuyl & Son, dated March 13, 1968, and our check covering the application fee of $5.00. We respectfully submit the above in hopeful anticipation of your favorable consideration of this application. Very truly yours, Marilyn Hofmann (Mrs. George Hofmann) t W~..HOUSE ' I'4AP OF P~OPEP.;.TY 5UF-,:VEV EO aF~$.G[Oq:GE HOFMANN AT