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1207
TOWN OF SO~JTHOLD, N~W YORK DATB ._.~._..t..°.~.r__..3-, 1968 ACTION OF THE ZONING BOARD OF APPEALS Appeal No.1207 Dated September 16, 1908 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD A. Reilly & Sons~ Inco a/c P.F. Laurino To Mat~ituck, New York Park Avenue Mattituck, New York AppeHant at a mee,ting of the Zoning Board of Appeals on Thursday, October 3s 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 Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the aopeal 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 Zonin~ Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:20 P.M*(E.D.SoT,), Up6n application ~f A, Reilly & Sons, Inc., Mattituek, New York, a/c P.D. Lauri~o, Park ~v~nue, Matti~ck, New York, for a variance in accordance with'the Zonin9 Ordinance, Article III~ Section 303, a~d Article X, Section 1000A, for permission to divide lot with reduced are~ and build new one family dwellin9. Location of property: south side Park Avenue, Mattituck~ New Yorks bounded by Park Avenue, east by Rose Carleo~ south by Peconic Bay, west by Donald Swahn. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity o£ this property and in the same use ~istrict because SEE REVERSE (c) The variance (does) (does 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 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.Dittmann, Secretary After investigation and inspection the Board ~inda that the , applicant requests permission to divide a lot with reduced' area and build a new one f~mily dwelling; 'The Board finds there are already two dwel]~ags on the ap. plicantts property, which is approximately 50 feet by ~06 feet; approximate area is 30~000 square feet. The zoning law requires 12,500 square feet of property for each dwelling. The area would be less than the minimum required for three dwellings. The Board finds no valid uniquep or difflcult hardship is existing. The granting of the requested variance wotuld depreciate property values, create an overcrowding of land, and aggravate the problem of fresh water supply and sewerage disposal, The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the hard~ ship created is not unique and w~uld be ~ared b~ all properties alike in the immediate vicinity of this property and in the same use distrlctl and the variance does not observe the spirit of the Ordinance and will change the character of the district. Therefore, it was RESOLVED A. Reilly & Sons, Inc., Mattitucks -New York, a/c P.F, Laurin0~ Park Avenue; Ma%tituc~; New York, he Denied permission to divi~e lot wit~ reduced frontage and area ' and build new one f~-ily dwelling thereon. Location of property: south side Park Avenue, Mattituck, ~New York. ' ~Sew York, bounded north ~by Park Avenue, east by Daniel O'CauneH, south by Peconlc Bay, west by M. [ Laurino. 8:20 P.M. (E.D~S.T.), upon appl/- caslon of A. Reilly & Sons, Inc., Mattituck, Sew York a/c P. F. Laur~no, Park Avenue, Mattituck New York, for a variance in accord- ~ ance with the Zomng Ol~hnance,. Article III, Section 303, and Article X, Section 1000A, for permission to divide lot with reduced area and build new one family dwelling. Lo- cation of property: south side Park Avenue, Mattituck, New York bounded north by Park Avenue east ,by Rose Carieo, south by "' ' 8:30 p.~M. (E.D.S.T.), upon appl/- [ LEGAL NOTICE conic Bay, west ,by Donald Swahn. I ~Notice of Hearings I cat/on of George W Smith & S~ns, i Ptn'suant to Section 267 of the Inc., Southold, New York a/c Ray- Town Law and the provisions of mor~ Melhado, 20 Wendell Street, the amended ~3uild~ng Zone ,Ordin- H. empstead, New York, for a var- ,I~, ance of the To~vn Of Southold, Suf-: lance in accordance with the Zon- ~[K, ~ ss: f folk ,County, New York, public i,ng Ordinance, Article III, Section J 306, f~r permission to build new one I hearings will be held by the Zon- ing Board of Appeals of the Town family dwelling with reduced fron'c ....~L.?:~· .~'~-~- · ...... beiug duly Sworn, of ~/k~u~hold, at the Town Office, yard setback on lot with less than .Ma~n Road, Southokl', New York, on 12,500 sq. feet in area. Location of Printer and Publisher of the SUFFOLK October 3, 1968, on the following prOperty, corner of Kenny's~ ~als ~ ~ and Wesland Road, Southola l~ew ~Wsl~per published at Greenport, in s~id appe : i 730 PM tED'ST~ upon annli-[Y°rk, bour~ed north by l~uth Gb- · , ..... ,, r~ ' th cation of .Beatrice M. Wasson and I son east by Helen White, sou b,y_ ~otic~, of which the annexed is ~ printed I irving K, ahn, D/B/A ~ollingwood ! Wesland Road, west by Kenny s Estates, .Pecontc'~Bay Blvd., Laurel, Road. , hed in the said Suffolk Weekly Times I/'~ew York, for airp~val of access 9:00 P.'M. (E.D.S.T.), upon appli- ~to private road in accordance with cation of Mrs R~ymond Edwards, ~ ......... ~ .............. week~ the State of ~ew York Town Law, 'Sr, Hedge ~treat, Fishens Island, Section 280A. Location of proper- New York, for a special exception [llg on the . .- ty: private road off north side of in accordance with the Zoning pecenic Bay ~Blvd., Laurel, New dinance, Article III, Section 300,..~.-~.. 19..~. York, bounded north by A. Wilqen-~ubsocttan 5 (c)for permission to~' '~'~his~'-~._2...)j~[ ~'~~'~'~' ski, east by H. Romanowski-Vau- erect two family dwelling on lot ..... · l~el, ~outh by Pecon~c Bay Blvd., with less than required frontage · west by G. & T. Diachun. ,and area. ~ocation of property: '~'/'-" ..... · catkm of W. Corey and Elizabeth T. lar~cl, New York, bounded north by ....... Albestson, Wells Avenue, Southok~, Hazry Hurlburt and another, east New York, for a variance in ac- by private road, south by private cordance with the Zoning Ordin- road, west by West Harbor. ance, Article III, Section 303, Art- 9:15 P~M. (EJD.S.T.), upon appli- icle Ill, Section 30~, and Art- cation of ~nest ,Radford, ~VIain l icle X, Section 1000A for per, ~Roa'd, East Marion, New York, for . mission to divide property with re- [ approval Of access to pri~ate road dueed frontage. Location o~ prop-., ~n accordance with the State of '"' erty: south side Wells Avenue, ~lew York Town Law, Section 280A. Southold, ~Tew York, bounddd north Location of l~operty: private road ~" by Wells Av~lue, east by J. S. off we~t side of Bey Avenue, East / Crad s , _uth_ .b? :ork y Cr k,i arion' Sew York, bou dsd no h west by R. ri. ttomman, by ~row~ Radfor~' and Rackett, ~:00 P.M. (,E.D~S.T.), Upon appli-'e~St ,by Bay Avenue, south by cation of A. Reilly & Sons, Inc., Wa~burn and Marion Lake, west iVIatt~uck, New Yark, a/c James A..by W. Brooks eatate. and Rose Carleo, Park Avenue, Mat- DA'rE~: SE~'i'~fBER 19, 1968 tituck, New York, for a variance'. in aceov:lance with the Zoning Or-~ Any person desiring to be heard dinance, Article III, .Section 303, on the above applications should and Article X, Section 1009A, for appear af the time and place spe- ~ermiSS/on to divide lot with red~c- cified. ed area and build ,uew one family BY ORDER OF THE SOUT~OLD dwelling. Location of property: TOWN BOAItD OF APPEALS south side Park Avenue, Mattituck,~ ltS27 COUNTY OF SUFFOLK l ss: STATE OF NEW YORK J C. Whitne ............. of ~rge W. Smith & So~, Znc.. ~ NOTICE OF ~ARINGS ~uthold, New York a/c ~ymond Melhado, 20 Wendell Street, Hemp- ~ P~su~t ~ ~ction ~ of the T~I s~d, New York, for a ~riance in ~ of ~u~hold, Suffolk Coun~ ~on ~ build new one family dwel~ New York, public hea~ngs ~ll ~ held ~th reduced front yard ~tb~k on by the Zo~ Bo~d of Ap~a~ of lot wi~h l~s than 12,~0 sq. feet of the ~ of ~uthctd, at t~ ~ ma. ~cation of pro~y: corner of Office, Ma~ ~ad, ~u~hold, New Kenny's ~ ~d Wesland York, on ~r 3, 1968, on the fol- ~hold, Ne~ York, bounded north b~ Jo~ a~a~: Ruth Gibson, east by Helen ~ ~:30 P. M. (~T)), u~n appiic~ ~uth by Wesland ~ad, west by Ken. of ~at~ M. Wa~n and I~ ~s ~ad. ~hn, D/B/A Rolllngwo~ Es~t ~:~ P. ~. (~ST), upon application P~onic Bay Blvd., ~el, New ~ Of Mrs ~d Edwards, Sr., Hedge for appro~l of ace,s ~ p~va~ ~ ~t, ~shers ~land, New York, for in ~rd~ w~th the State of New a s~ial exception in ac~rdan~ ~h York Town ~w, ~ction 2~A. ~- ~ Zoning ~di~nce, Article I~, Sec- tion of ~o~: ~te r~ off ~ ~0n 300, Su~ction 5 (c), f~ ~is- side of P~onic ~y Blvd., ~el, N~ ~n to erect two fa~ly dwe~inff on York ~unded no~ by A Wilce~ ~ wi~h le~ t~n r~ed fron~ge e~t by H. ~nows~Vau~l, ~ ~d area. ~cation of pro~y: by P~onic Bay Blvd., west by G. & T. ~te ~h~-of-way, ~shers ~sland, Ne~ Dia~. York, bounded no~h by Harry Hurl- 7:45 p. M. (EldeST), upen appllcatlo~ of W. Corey and Elizabeth T. Alber~ol~ Wells Avenue, Sonthold, New Y~ for a variance in accordance with th~ Zoning Ordinance, Article HI, Sect~ 303, Article IH, Section 3IT/, and ~ ticle X, Section 1000A, for permission to divide property with reduced front- age. Location of property: south ~le Wells Avenue, Southold, New, Yorl~ bounded north by Wells Avenue, ~ by J S Gradowski, south by Jcek~, Creek, west by R. H. Rothman. 8:00 P. M. (EDST), upon applicatl~ of A. Reilly & SOns, Inc., Mattttu0~ New York a/c James A. and ~ Carleo, Park Avenue, Mattituck, H~ York, for a variance in accordan~ with the Zoning Ordinance, ~ I17, Section ~, and Article X, Sect~ 1000A, for permission to divide lot .wi~ reduced area and build new one Ism- fly dwelling. Location of proper~: south side Park Avenue, Mattituck, New York, bounded north by Park Avenue, east by Daniel O'Connell, south by Pecenic Bay, west by M~ Laurino. ! 8:20 P. M. (EDST), upon application 'of A. Reflly & Sons, Inc., Mattttuck, ~New York a/c P. 1~. Laurino, Park ~Avenue, Mattituck, New York, for a variance in accordance with the Zon- ing Ordinance, Article ~rI, Section 303, and Article X, Section 1000A, for per- mission to divide lot with reduced area apd build new one family dwelling. Location of property: south side Park Avenue, Mattituck, New York, bound- ed north by Park Avenue, east by Rose ' C¥/rlce, south by Peconic Bay, west b~/ burr and another, east by private road, south by private road, west by West l~arber. 9:15 P. M. (EDST), upon application of Ernest Radford, Main Road, East M~rion, New York, for approval of ac- cess to private road in accordance with the State of New York Town Law, Section 280A. Location of property: private road off west side of Bay Ave- n~e, East Marion, New, York, bounded north by Brown, Radford, and Rack-: eft, east by Bay Avenue, south by Washburn and Marion Lake, west by W. Brooks estate. Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: SEPTEMBER 19, 1968 · BY ORDEI~ O1= THE SOUTHOLD TOWN BOARD O1~ APPEALS Booth, Jr., being duly sworn, soys Editor, of THE LONG ISLAND TUCK WATCHMAN, a public news- ~thold, in Suffolk County; and that e annexed is a printed copy, has been ~g Island Traveler-Mattituck Watch- for ..... ~..~....~....~. / .~. ,~;ek~ :lng on the ............... ~...~...~. .............. ,foro me this ....... ,~......~... ..... doy of AOEL£ PAYN{~ ~blic, State of New Yock ing in Suffolk County Expires March 30, l~OltM ~0~ 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. i~OTiCE OF DISAPPROVAL File No ......................... To A. Reil!y & Sons Inc A/C P.F.Laurino ., ........................ .~..a. ~.~ .i. ~.~..ck.. .............................. PLEASE TAKE NOTICE that your ~applieation dated Sept 16 1 68 ~ .... ~- _ __ narrow lot ~or permit to construct ...~.~.~..x....~_g...~.~A ......... at thc premises located at ............. S/S Park Ave Street Mattituck Map .......................................... Block .......................................... Lot ................................................... is ' ~ . , ' disapproved on the followin? ground~ .... ~.Q.i;.~...~'.~..~...O~....D.~I'.Q~.~, iS .... ~de~aided ...... for...th~ee...dwmlli~g~..al.tha...pro.po.s.e~..lo~..~$....$~o.~gh...~r.~a ....... t.o...bnild ............ -A r.t...III.., s.e.~...3D3....&..ar..t...X...s.e.c.... ]..o..0...~.. ................ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS,~/QCW~?i~ SOUTHOLD, N. Y. ~aur ~n o 1, (We) ..~..~-~..g.~.~,,l..,1,~...~...~.Q~,.,...~f; .............. of .......... Name of Appellant .................... ~a~t~tu.c~ .................................................... ~ Municipality THE ZONING BOARD OF APPEALS"FROM THE DECISION APPLICATION FOR PERMIT NO ................ WHEREBY THE BUILDING INSPECTOR APPEAL NO./~ ~/~ DATE .~e~temb~r...16, Street and Nbmber ...... ;~-.Y ............ HEREBY APPEAL TO State OF THE BUILDING INSPECTOR ON ..................... DATED ...... S.~p. tembe~:.. ~ 6.,... 1.96.8 ... DENIED TO 1968 ( ) ( ) (X) A.-....R..e. iliM...~..S.Qn.,...Y~uc ..... A/~...P...F .... Laurino Nome of Applicant for permit of ....... ~ ~t.t.$.t.~.c. k,....N..e. ~...~.o. rk ........................................................... Street and Number Munic pality State ............... PERMIT TO USE PERMIT FOR OCCUPANCY permit to divide lot and build new one family dwelling 1. LOCATION,OF THE PROPERTY .... ........ ~ ........... ;.~...~%....;.¢l~,~.~ ................ Street Use District on Zoning Map Mattituck, N.Y. 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 Ordi,nance.) Art 'rTZ Sec 303 & Art X Sec 1000A 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 6.2 Cons. Laws Art. 16 Sec.-~280A Subse_ction 3 ~: . 4. PREVIOUS APPEAL A previous appeal (1~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeal 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 f°r the reason that Our lot is about 65O feet. over all a one family dwelling on the road and another one family dwelling on the bay. We now need to build a third one family dwelling and propose ~oOnnU~ the middle one third of the lot .(,about 237 ft) for this use (Continue on other slae) ' in depth, with REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ~sary HARDSHIP because There are no houses on either side of the prop~zs~ new dwelling. The lot is about fifty (50) feet wide and each lot will be somewhat undersize as~ to are~ but will be spaced quite far apart lengthwise. The existing dwellings e~tablish the building line as to side lines for the entire length of the lot and the existing driveway will serve ~the new house as well as the existing dwellings. Where the buildings will be separated by such a large distance lengthwise and there are no adjoining dwellings on either side, there will be no problem with the water and sewerage disposal systems. 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 : this lot and the adjoining lot on the easterly side are the only narrow lots in the area, having so much depth. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ; This is a "one family dwelling" areas and there are ©%her lots on this side of the street which have several houses scattered between the road and the bays the proposed dwelling will not change the area's appearance or harm the neighbors in any way. d:oUNTY oF~ ~'~¢~j/~) ' / .Signature Sworn to this "/~ day of c~.p-~..~K~ ~ ~ ~t~'' Notary PuSlic~j~7 ~,~1o~ ~.~ NOTARY pUBLiC, St~.?~, N0. 52-3233120 F'A 'E ! Survey for ROSE CARLEO MATTtTUCK ,,.Tdwn! of Southold Suff. Co., N,.Y Scm lc: i" Nov, t, !95t