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TOW~N OF $OUTHOLD~ NEW YORK
ACTION OF THE ZONING BOAI~D OF APPEAL~
Appeal No. 1209 Dated September 19· 1968
AC~I$~ THE ZONING BOARD OF APPEALS (DF THE TOWN OF SOUTHOLD
George W. Smith & Sonss Inc. a/c Raymond Melhado
To Southold~ New York 20 Wendell Street
Hempstead s New York
1968
Appellant
at a meeting of the Zoning Board of Appeals on October 3 · 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 appeal
1. SPECIAL EXCEPTION. By res~ution ~ the Boa~ it was d~ermined that a ~eci~ exception ( ) be
~an~d ( ) be ~nied p~uant to Artie~ .....~ .............. Sect~n .................... Sub.etlon ...... : ............. para~aph
.................... of the Zoning Ordinance. and the decision of the Building Ins~or ( ) be r~ersed ( ) be
confirmed because 8:30 P,M, (E,DoS,T,)· Upon application of George W.Smith
& Sons· Inc.s Sou~holds New York~..a/c Raymond Melhado~ 20 Wendell
Street~ Hempstead, New York· for a variance ~n accordanc~ with the
Zoning Ordinance· Article III~ Section 306~ for permission to bUild
a new one family dwelling with reduced front yard aetback on lot
with less than 12~$00 square feet of area. Locatio~ of property:
corner of ~enny's Road and Wesland Road~ Southolds New Yorks bounded
north by Ruth Gibsons east by Helen Whites south by Wesland Roads
west by Kenny's Road.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (~vould) (would not) produce practical
hardship because
difficulties or unnecessary
SEE REVERSE
(b) The hardshio 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
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 reques/ed 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 Bo~ad finds that the
applicant requests permission to build new one family dwellin9
iwth reduced from yard setback on lot with less than 12,500
square feet. The Board finds this situation was created by the
Town taking part of the property involved, for a Town Road. The
lot in question was originally 100 feet by 125 feet. It is now
91 1/2 feet by 125 feet. ~The Board finds there will not be a
problem of traffic visibility in view of the fact the house will
be set back 48 feet by Kennyts Road, the major of the two highways~
and 25 feet by Wesland Road. ~n general, the Board is in agreement
with the reasoning of the applicant.
The Board finds that strict application of the Ordinance will
produce practical difficulties or unnecessary hardship; the hardship
created is unique and would not be shared by all properties alike in
the immediate vicinity of t~s property and in the same use district~
and the variance does observe the spirit of the Ordinance and will
not change the character of the district.
Therefore~ it was RBSOLVED George w. Smith & Sons, Inc., Southold~
New York~ a/c Raymond Melhado~ 20 Wendell Street~ Hempstead, New York,
be granted Per~ssio~ to build new one family dwelling with reduced
front yard aetback on a lot with less %ha~l~00 square feet~ as
applied for. L~cation of property: uorner of Nenny's Road and Wesland
Road~ Southold, New York. ~
l~lew yo~k, bounded north 'by Park
Avenue, east by Daniel O~C~nneli,
t south by Peconic Bay, west by M.
~ Laurino.
8:20 P.M. (E.D~S.T.), upon appti-
cation of A. l~illy & Sons, Inc.,
Mattituck, ~lew York a/c P. F.
Laur~no, Park Avenue, Mattituck,
New York, for a varianea kn accord-
ance with the Zoning O~dinance,
Article III, .Section 303, ~nd Article'
X, Section 1000A, for permission to~
divide lot with reduced area and/
build new one family dwelling. Lo-f
cati°n of prope~rty: south side Park{
~ Avenue, Matiituck, New York, ~
l bounded north by Park Avenue,!
I east ,by Ros~ Carleo, south by l~e- ~
,- ~' Iconic Bay, west ,by Donald Swahn. i
LEGAL NOTICE / 8'30 pfV! (EDST.), upon appli-
Iqotice of Hearings'- ] ca~i~n of George W Smith & S~ns,
~ ' ° ~ n 267 ~f the linc., Southold, ~lew York a/c Ray-~
the amended Ruild~r~, Zone ,Ordin- / ~c~~ in a~eardanea With the Zon- ~I~, ]
ance of the Town of'~Soul~O!d, Suf- ~_. c~inance Article III, Sectl(>niK
folk 12ounty, ~lew York, publict ~'~ ~r~rmvmi~sion to build new one ° J
· 1 b the Zon .... , ~- ·
hearings will t~e~he d Y [ 4,~n~, dwellina w~th xeduced front
lng Board of 2~_eaIls of the~?yvn[ ~'~ss~ack ~n lot with less than...~ ...... beill~ dul~ Sw0131,
of 61ouVhold, at-'the Town ~.xrme,[ 1~2 500 sq. feet in area. Locati{m of
2Vlai,u Road, Southo}ff, New yorl~,.on{ -,~erty corner of Kenny's Read[~rinter and Publisher ~! the SUFF~r~
[and Wssland Road, Southold, New
appeals: York, bour~:l~:l north by Ruth Gib- Wsp~pe~ published at ~reenport, in said
ea~3n° ~ea n'~/e~' ~Poalen.~ ~V°~laean~t ~oa~,ele~e~Wh~e~ s~uethnnyb'yst)tice. ,! which the annexed is ~ p, inted
Irvthg , '
~states, l~econie Bay Blvd., Laurel, Ro~:0d~ P'M (E'~ ST ), upOn appIi-ied in the said Suif0olk Weekly Times
cation of Mrs Bay.mond Edwards, . ..... ~ ...... woel~
to private road in accordance with
the Slate of /qew York Town Law,
~,ection 280A. I~tion of proper-
~,: private rcad'~Fnorth zide of
?econic Bay Rlvd., Laurel~ ~lew
/'ork, boun~ed north by A. Wilcen-
ski, east by H. Romanowskl-Vau-
pel, ~outh ~y pecon~c Bay Blv&,
west by G. & T. Diachun.
?:45 p~.M. (,E,.D~S.T.), upon appli-
cation of W. Corey and Elizabeth T.
Albert~yn, Wells Avenue, Southold,
New Y~k, /or a variance in ac-
cordance wi.th the Zoning Ordin-
lance, Article IH, Seotion 30'3, Art-
icle HI, Section 307, and Art-
icle X, Section 100OlK, for per-
Sr, Hedge Street, Fisher~ Island,
~lew York, for a special exception
~n accordance with the Zoning Or- rl~ Oll the .
dinance, Article III, Section 300,
Subsection 5 (c) for permission to ~ ....
erect two family dwelling on lot ~,~/~g~?w,..~,~.~.~C~.' ........
with less than required frontage
and area. ~uocatlon of property:l-
private right-of-way, Fishers Is- is ~.~.~.-.
lanai, New York, bounded north by ¥ .... 19.~.,
Harry Hurlburt and another, .east
by private road, south by Private '~~
r~ad, west by West Harbor. ~ .: ...
9:15 paM. (E.D.S.T.), upon appli*
cation of aTM Hadiord, ~htlain
,Road, East MariOn, New York, for
mission to divide prop.e, rty wil~ re- approval af access to private road
duced Irontage. Locatwn of prop- /n accordance with the State of
arty: south side Wells Avenue~ l~tew York Town Law, Section 280A.
Southold, l~lew York, bounded north Leaatien of property: private road
]by Wells Avenue, east by J. S. off wear side Of Bay Avenue, East
Gradowski, ~outh by Jockey Creek~ Marion, /qew York, bounded north
west by R. H. Rothn~n. I by Rrown, Baclfovd and R~..cke. tt,
I $:00 p.'M. (~.D~S.T.), Upon appli- east ,by Ray Avenue, soum
. cation of A. Reilly & Sons, Inc., Wadaburn and Marion.Lake, west
Mattiluck, New York, a/c Jamea A. ,'by W. Brooks estate.
and Rcee Carteo, Park Avenue, Mat- DA, i~E~: S~EB 19; 1968
tituck, New York, for a variance Any person desiring to be heard
in acco~ance with the Zoning Or-i
dinanea, Article III, 6action 303, on the above applications shoukl
r appear at the time and place spe~
and Article X, Section 1000A,.fo cified
permission to div..ide lot with ~-, ' ,ER OF THE SOUT~IOLD
[ ed area and bmld new one -- .Y. BY ~_OI~D~E~.~OI~,~ ~,~ APPEAI~S
| dwelling Location of proper~y. TOW'lq l~.~ ~-,~
[ south si~e park Avenue, Mattituck, I l~Z'l
LEGAL NOTICE
~OTI~E OF H~ARI~GS ·
Pursuant to Section 267 of the
Law and the provisions of the arae,~
'ed Building Zone Ordinance of t~
;Towel of Southold, Suffolk Cou~
l~ew York, public hearings will be hel~
COUNTY OF SUFFOLK /
STATE OF NEW YORKI ss:
8:30 P. M. (EDST), upon application.
of George W. Smith & Sons, Inc.,
~mthold, New York a/c Raymond
Melhado, 20 Wendell Street, IIemp-
stead, New York, for a variance in ac-
~rdance with the Zoning Ordinance,
~xlicle III, Section 306, for permis-
sl~n to build new one family dwelling
with reduced front yard setback on
h~t with less than 12,500 sq. feet of
by the Zoning Board of Appeals 0~
~the Town of Southold, at the Town area. Location of property: corner of
~fenny's New York, bounded north by
Office, Main Road, Southold, Ne.~l~uthold,,~[ Road and Wesland Road,
York, on October 3, 1968, on the f~Ruth Gibson, east by IIelen White,
]owing appeals: ~., ~ ~uth by Wasland Road, west by Ken-
7:30 P. M. (EDST)), upon applicant,s Road.
of Beatrice M. Wasson and I ~r~.[,9:~)p. M. (EDST), upon application
Kahn, D/B/A Rollingwood Ester. [[01t Mrs Raymond Edwards, Sr., IIedge
Pceonic Bay Blvd., Laqrel, New Y~#~reet, l~ishers Island, New York, for
for approval of access to private ~· special exception tn accordance with
in accordance w~th the State of l~#~lle Zoning Ordinance, Article III~ Sec-
York Town Law, Section 280A. Lo~][p~n 300, Subsection 5 (c), for portals-
lion of l~opor~: private road off nm~ ~n to erect two family dwelling on
York, bounded north by A Wllce~.~ ~d area. Location of property: pvi-
east by II. Romanowski-Vaupol, soak;cate right-of-way, Fishers Island, New
by Pesontc Bay Blvd., west t~y (~. & .~[~York, bounded north by Harry Hurl-
bi.hun. } I and another, east by private road,
7:45 P. M. (EDST), upon appllcati~th by private road, west by West
of W. Corey and Elizabeth ?. AlbertSe~
Wells Avenue, Southold, New
for a variance in accordance with
Zoning Ordinance, Article III, Sect~j~
303, Article 1TI, Section 30/, and
ticle X, Section 10~A, for permts~
to divide property with reduced frc~
~ge. L~cation of property: south side
Wells Avenue, Southold, New York,
beunded north by Wells Avenue, east
by J S Gradowski, south by Jockey
~ Creak, west by R. II. Rothman.
8:~ P. M. (EDST), upon application
of A. Railly & Sons, Inc.,
~New York a/c James A. and
~Carlso, Park Avenue,
I York, for a variance in
with the Zoni~g Ordinance,
irf, Section 303, and Article X, Section
1000A, for permission to divide lot with
reduced area and build new one faro-
fly dwelling, l~mtion of property:
~outh side Park Avenue, Mattttuck,
New, York, bounded north by Park
Avenue, east by l~niel O~onnell,
south by Pasontc Bay, west by M.
8:20 P. M. (EDST), upon application
of A. Railly & Sons, Inc., Mat~ituck,
New York a/c P. E. Laurino, Park
Avenue, Mattituck, New York, for a
variance in accordance with the Zon-
ing Ordinance, Article III, Section 303.
and Article X, Section 1000A, for per-
mission to divide lot with reduced asea
and build new one family dwelling.
Location of property: south side Park~
Avenue, Mattitock, New York, bound-
ed north by Park A'q~m"i~t
Carieo, ~ by Pe~mle
Donald
, Booth, Jr., being duly sworn, says
Editor, of THE LONG ISLAND
TUCK WATCHMAN, a public news-
ithold, in Suffolk County; and that
e annexed is a printed copy, has been
~g Island Traveler-Mottituck Watch-
for ....... wee
:ngonthe ............... ~ ~ ......
,fore me this ....... .~......~.. ......day of
9:15 P. M. (EDST), upon application
~rion, New York, for approval of ac-
~ to pri~te ~ad in a~ordance with
~ Sta~ of New York Town
~tion 2~A. ~ation of pro~rty:
~riva~ road off w~t ~de of Bay Ave= ~ /~ /
north by Brown, ~d , - .. .; ...... ~...~ ....
e~, cas~ by Bay Avenue, sou~h ~i No~ ~b~ ~'~
Washb~ and Ma~on Lake, w~ by
W. ~ estate. ~D[L~
Any person d~i~ng to ~ he~d o~ ~W Public, i~le (4 NC~
~t~e and pl~e ~ecifi~. t N0 52 3041000
D: SE~E~ 19, 1968 ~Jssion Exvires a~arch 30. IP
BY ORD~ OP ~ SO~O~ ,
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
..... ........... of ! .................
' Name of Appella,nt ............. ~i';~'~"'~'~'~]"i~]~l~'r .......
............................ HEREBY APPEAL TO
..................................... '/~';;i~'i'~;~ii~'~ .................................... State
THE ZONING BOARD OF'APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
- ....................................................................
APPLICATION FOR PERMIT NO. ~ DATED ~'~'fO~
WHEREBY THE BUILDING INSPECTOR DENIED TO
.........................
Name of Applicant for permit
of ~,,~ -t~:~A~,~ ~'~, ~.':~'.z..::L~. ...... , ............ /....:.."/. ............................
-~'~ ..................................................... Street and Number Municipality 'State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
LOCATION OF THE PROPERTY~o~,..A.~.~z~.j~.~J..~w~'..~...:.'.:'.~..~.~-~/~g~-~-.~, .........
· Street Use District on Zoning Map
Mop 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 Ordi.nance.)
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 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 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
(~r~ A Variance to the Zoning Ordinance
( )
is requested for the reason that --- ~ "~ ~' ~ '~
REASON FOR APPEAL /,,~ Continued__
1¢ STRICT APPLICATION OF THE ORDINANCE would produce proct~o
. I difficulties or unneces-
sary HARDSHIP' because
2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinity of this property and in this use district bec.ause ~..~_;_~j ~./~~,g ;~/~ ~L~
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YOR~,&// )
) ss
cOUNTY OF/~~)
SWorn
to this ......... ...... ,, ....................... .. da¥.jQf..:;.~~ ....... ! ....
............
~]OT.~RY PUBLIG, State of Ne'~ Y6~
No. 52-06~8~00 Suffolk Oou~ ~
Signature
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N. Y.
NOTICE OF DISAPPROVAL
Southold N.Y.
PLEASE TAKE NOTICE that your ,application dated .......... ~.e.p.~ ........ J.6 ................. 19.....6..~
for permit to construct .... .d...w..e...l...l..i.~g ................ at the premises located at ....... ..E../.$......K..e.~.Y.'....ROad
...&..N~.$ ..... .W.e.s.land...~oad ...................... Street Southold
Map ........ ~....~::.:..2...i ........ i;Block'.i ........................................ Lot ................................................ , is
,- -. ' - disapproved on the followin7 grounds ....... ..d..~.e....~..o....f..~.~JJ~.p...~l~. ......
~e~..r.e¢~.r.d,i~g .1.o...t..i._s.. ~ot size the orig.inal deed called for*
· . ~w...has...ins~f..i~i~r~t...f.r.~n.t...~a~.d...se.t~a~k..on..~W.e~and...r.~ad.. sida ..............
..... .....................................