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Home My WebLink About1178 TOWN OF ~O~THOLD, N~W YOKK ACTION OF THE ZONING BOARD OF APPEAL~ Appeal No~178 Dated April 19s 1968 ACTION OF TIlE ZONING BOARD OF APPEA~LS OF THE TOI~rN OF SOUTHOI2D Wal%er Miller ~ Jr. To East Legi0n Avenue Mattituck, New York 11952 Appellant at a meeting of the Zoning Board of Appeals on 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 excepti°n under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) Thursday, May 16, 1§68 t-he appeal 1. SPECIAL EXCEPTION. By resolution of the Board it, was determined that a special exception ( ) be granted ( ) be denied pursuant to A~ticle .................... Section .................... Subsection .................... paragraph .............. :....'Of the Zoning Ordins!nce. and ~the decision ol the B~i_il~ding~Inspector ( )be revel~sed (: ) be confimedbeeause 7:45 P.M.(E,D.S.T.), Upon application af Walter Miller, Jr., East ]L~gion Avenue, Mattitucks New York, for a Variance in accordance with the Zonin9 Ordinance, Article III, Section 303, ~ Article X~ Section iO00A,, for:~erm/ss~on to divid~fpr~perty ~ith, insufficient frontage and area. Location of property: Riely Avenue~ lot number 18s MattiTuck, New York, bounded:north by Walter 5tiller, Jr., east by Julius Zebrowski, south by James Wasson~ west by North Riley Avenue. , : 2. VARIANCE. BY resolution of the Board it was determined that ' ~ (a) Strict application~of the Or~dinance (would) (wouid not) produce prac~ica[ difficulties or hardship because unnoc~s~y (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 use district because (c) 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 /NING BOARD OF A/~PEALS After investigation and inspection.the .Board finds that the ~::.applicant requests permission to divide property '~it~'insufficient frontage and area. The lot in question has a frontage of 60 feet. The area in question is built up with homes on lots that are the same frontage. It would not change thecharacter of the neighborhood by granting this variance. The Board is in agreement with the reasonings of the applicant as presented in the application to the Board, The Board finds that strict application of ~he Ordinance will produce practical difficulties or unnecessary hardship; the hardship Created-~.s ~mnique: and ~weUld ~ ~be. shared bY ~t1.. pr~pe~-~ies, a ike in the imme~iate%~iQinity~ ~f 'this.~repezty ~i~d im~ ~ ~ ~se ~strict; and the vaxi~mce~dees 'obs~e, ~he ~s~xi~ :~ %he~ ~n~ce~d ~11 not c~nge the ch~acter ~ the .district, ~ Therefore, it wasRESOLVBD Walter Miller, Jr,, East Legion Avenue, N~ttituck, New York, be granted permission to divide property with insufficient frontage and area as applied for on property located on Riley Avenue, Mattituck, New York. Lego~! No4~ice r~oT~CE O~ HBAim(3S of ~old, ~o~ ~ty, NeW York, ~b~c ~ w~ ~ held by Zo~g. ~ of APP~M of ~ ~ of ~UthoM, at t~ ~own Offi~, ~, Southold, N~ York, on M~y 7:30 P. M. (~ST), u~n appli~ ~ H~r, New Yor~ for~a ~rl'~ ance in ac~rdance with the Zo~g O~ce, ~ticle III, ~ction ti~ X, ~ection 1000A, for p~ to d[~de pro~y w~th ~i~bnt fron~ and ~ea. ~cation of prop- er~: Peconic Shores, ~t No. 12~ Pc- co.c, New York. Bounded no~h ~d Avenue~ e~t by ~rton Mur, d~k, ~uth by ~ J Hoffman, w~t by of Walter Miller, Jr., East ~ion Ave* hue, ~ttttuck; New York, for a ance ~ ~cor~ with the Z~ france and ~ea. ~ation of pFop* tuck New York. ~ no~ ~ows~, ~u~ by J~es W~n, by North Rfl~ Avenue. 8:~ P. M. (~), u~ app~on of ~ward ~d, o/b ~w Station, Old ~ ~d, ~u~old, New York, for a s~ excep~on accordan~ wlth the Zo~ Ordt~e. for ~t~on ~ erect ~ off ~tio~ sign, 2 f~t by 8.feet~ ~ca- tion of p~rty: ~P of Sa~ord ~ut~ld, New York. ~unded by ~oad, e~t by J. ~s, south by Main ~ad, w~t by J. ~. ~3 8:15 P. ~. (EDST), u~ application ~ 0f A. W. Al~n, Jr. D/B/A son M~ine, Inc., 56~.Main Street ~uthold, New York for a spiral ex- ception in accordance ~th the Zoni~ Ordinance, A~lcle IV, ~ction ,Su~ection 5 (d), for ~ission to erect a ~nd wall sign, 4 feet by feet. L~ation of pro~y: south side Ma~n Road, ~uthold, New York, ~unded north ,by Anita Albertson, eas~ by J~eph Gomez, south by Main RO~, w~t by Gene~eve Albertson. Any ~rson dest~g to be ~d on ~the above appllcatio~ should ap~a~ at the time and p~ce s~cified. COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK WATCHMAN, a public news- paper printed at Sauthold, 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 ...... .~ .... ~wee successively, commencing on the ...................................... day of ...... ............ Sworn to before me this .......... .~....~.. ...... doy of ..... · ADELE PAYNI~ Commission Expires March ~, 19~ LEGAL NOTtCE Notice of Hea~-inga ~Pursuar~t to Section 267 of the Town L~w and the provisions of the amended Building Zone Oa-din- ance of the Towat of S~uthokl, Suf- folk Cotmt~, ~Iew York, public hear- ing will ll~-.i~eld by the Zoning Board of Appeals of the Town of Sou~ihold, at the Town Office, Main Road,: ~Soutb~ld, Now York, on May I6, 1968, on the following ap- 7:30 ~.M. (.E.D.(S.T.), Upon appli- cation of [Vlarilyn ~Iofmann, 183 (Spruce Street, Roslyn Harbor, i~ew with the Zoning Ordinance, Article III, 'Section 303. Article X, Sec'don 1000A, for permission to divide property with insufficient frontage and area. I.~cation of l~operty: Pec~nic Shores, Lo~ ~o. 12, Peconic, ! l~ew York, Bounded north by Sou~udt Avenue, east by Marion Murdoch, south by G. $. Hoffman, wear by Htmtin,gton Blvd. 7:45 P.,M. (E.D.S.T.), Upon applica-i 'don of Waltor Miller Jr, East Le-I' gion Avenue, Mattituek, Now York, for a variance in accordance with the Zoniv~g Ordinance, Article III, Section 3~3, Article X, Section . 1000A, for permisstan to divide property ~vi~h insuffieien~ frontage aD:[ area. Location of property: Riley Avenue, Lot No. 18: Matti- tuck, ,New York. Boanded north by Walter Miller Jr., east by Juli.us Zebr~wski, south hy flames Wasson, west by North Riley Avenue, 8:00 P~L (E.D~S.T.), upon appli- catica of Edward Schild, c/o Ar- row .Fisb.~ng Station, Old Main. Road, ,Souilhold, ~,~ow York, for a apecial Zoning Ordinance, An-ticle IV, Sec- tion 408, St~hseetion (a), for per- mission to erect an off premises di- ~ rectional s~gn, 2 fee, et by 8 feet. Lo- I cation of property; Map of Sanford l~rick Co., Lot Iff~). 12, Main Road, I: Sauthol,:l; New Yc~k. Bounded ]! north by Railroad, east by J. Oates,/[ sou~h by l~ain Road, west by J.l~ 8:10 P.M. (E.D.S.T.), Upon appli-]I .ation of A. W. Albertson Jr. ?~ D/B/A Albertson Marine Inc., 56275 Main S.t, reet, Soutl~old, Near York Ii for a special exception in ~,cce~d-:! Arlic~e IV, Section 408, Subsection' 5 (d), for ,permissior~ fo erect a: second wall sign, 4 feet by 8 feet. ~ Location of property: south sid~ ~Iain l~oad, Southald, New York. Bounded ~uorth by Anita Albertson, east by Jo6eph Gomez, south by Main Road, west by Genevieve A1- bertson. Any person desiring to be heard on the above applications should ap- pear at the time and place above specified. DATED: MAY 6, 1968, BY ORDER OF THE SOUTttOLD TOWN ~OARD OF APPEALS ltM10 COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: says thatP q.. :.~. · is Printer and Publisher of the SUFFOLK WEiEKLY TIMES, ~ newspflper published at Greenport, in stdd county; and that the n'otic~, of which the ,mmexed is ~ printed copy, h~s been published in the said Suffolk Weekly Times ~!lce in eoch week, f~r ........ ~ ...... week~ successively ~ommencing on the ... ~ ............. d~y of .... ~..cZ-~,. ......... 19 .~..~. Swo~n to before me this ../.O...~...... l day ..... · .-.: r=~,{, ....... 19 ..... J · ..... TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL,ERI~'S OFFICE SOUTHOLD, N. I~OT~CE OF DISAPPROVAL File No,;. Date Aoril 23 19 ..... ..6.8 To ..:~,,~. A.t, .~.~:. 2! ~ ~.~ ~.~...~-.~ ..................................... ...~.:.,. ~..o.~...!~.~ ............................................. ...... .~:!~.~.~.i~.t.~:~. ~.,....~!:.~: ...................................... PLEASE TAKE NOTICE that your .application dated .............. .A..p.2:[~ ........ .2...2. .......... 19...~..~. -~or permit to ~ ........ D.:Lv.:Ld.e...!.o.t ...... at thc premises located at .... Street ~ ~' .......................................................................... ~attituck Map .. ~9.P. :.....R. i .~. ~.~...~. J.O. ~,.b,-.fiBToSck .......................................... Lot ...... ?...8. ...................................... is ~~~.K2~fli disapproved on the followin? ground~ ...... .~.s...~.%j.~..i..c...i.~..r.~.~....~.~ho...n..~..a. ge .~..Ar.~a ................ ~.t.. ~ii....ae.c...~.~....~ ..... z.z...~...~.e..~....t.O. O0.~ ...................................................... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. , ~ ~ ~ ~- East Legion Avenue ] ~;~ ....... Wg± ger...bv~, ~ame o~ Appelia,n,t $tree~ and Number iSattituck_. ...~...~P.~. ..... HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECiSiON OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMII NO. ' DATED ......... Z ...... ~ .... WHEREBY THE BUILDING INSPECTOR DENIED TO of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street and Number Municipality State 1. LOCATION OF THE PROPERTY i(~±ey Avenue, Ffattltuck, New York Street Use District on Zoning Map 18 Ma~ No. Lot No. 2. PROViSiON (S) OF THE ZONING ORDINANCE APPEALED (indicate the Articie Section, Sub-__ section and Paragraph of the ;y¢_"~-'¢~-,~7~'~(~~ Zoning Ordin, ance by nu~_~ber. Do not quote the O(cli,n.ar~~ · '~ 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. 62 Cons. Laws Art. i6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeoi ~¥~) (has nQt) been made'with respect, to this decision o¢ ~,,e Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit -'- ( ) request for a variance and was made in Appeat No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that see other side and attached Rider. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 7. STRICT APPLICATION OF THE ORDINANCE would produce proctica~difficuities orunneces- sary HARDSHiPbecause if owner is not allowed his application he will be left with 170 feet of frontage on Riley Avenue with a modest one- family house on Lot No. i8 in a neighborhood where the great majority of homes'are situate, on 60 feet lots and he would be left with 1i0 feet of desirable building area which could be employed for no practical use and which would have to be left vacant. 2. The hardship createdis UNiQUE ond is notshared by all properties alike in the immediate vicinity ofthis property and in this use districtbec.ause owner purchased these lots in 1944, 1956 and 1965. Part of this acquisition was lot No. 15 which for the great part no longer exists because the County widened and deepened the adjoining creek and in so doing took 45 feet of frontage of owner's lot No. 15 on Riley Avenue. 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the very great majority of the homes in this neighborhood are located on approximately 60 feet lots. if the owner is required to maintain the existing modest home upon 170 feet of frontage he will truly have ~a very unique lot for this area of Mattituck. STATE OF NEW,YORK ) ) COUNTY OF SUFFOLK ) Walter Miller, Jr. ~..~, day of .......... P ............... ~.~.~ ....................... 19 · Sworn to this ................... [ ....................... .~. ril ./ 68 t Notary Public TOOKER,TOOKER & ESSEK$ COUNSELORS AT LAW April 22, 1968 I~. Robert Gillespie, Chairman Zoning Board of Appeals Town of Southold Southold, New York Re: Application of Walter Miller, Jr. Dear Mr. Gillespie: Enclosed herewith please find original and copy of application, rider and sketch with respect to the above entitled application for a variance. Also, enclosed herewith please find our firm check in the amount of $5.00 as and for the filing fee herein. May we hear from you with respect to this application. Very truly yours, William W. Esseks WWE:LVB Encls. RIDER Owner wishes to divide the house and lot (enumerated as lot No. 18 on the enclosed sketch) from the lots enumberated No 16 and No. 17, also owned by the owner. Lot No. 18 had been separately purchased in 1944. Owner now wishes to sell lot No. 18 separately from the other contiguous lots. This will leave the owner with lots No. 16 and No. 17 which he wishes to sell as one lot for the erection by the subsequent owner of a one-family house. The owner had also owned lot No. 15 which, in part, no ~onger exists because of the dredging and widening of the adjoining creek. Lot No. 18 for which the owner wishes the variance has a 60 foottfrontage on Riley Avenue; this is the original frontage of the lot as of the time it was acquired in 1944 and is approximately the same as a great majority of the other owners in this neighborhood. If this application for a variance is granted the owner will be left with approxitately 110 feet of frontage on Riley Avenue; thus, the owner would be left with a saleable lot for a one-family home which would be in keeping with the proper development of this area in Mattituck. {4"'7