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TOWN OF $OUTHOLD, NEW YOEK DATE ......~..~.~.....~.~..~6~
Appeal No. 1204
ACTION OF TIlE ZONING BOAED OF APPEALS
Dated September 10, 1968
ACTION OF THE ZONING BOARD OF APPEAJ-~ OF THE TOWN OF SOUTHOI2)
Beatrice Mo Wasson & Irving Kahn d/b/a Rollingwood Estates
To Peconlc Bay Blvd. s ..
Laurel~ New York
Appellant
at a meeting of the Zoning BOard of Appeals onThtLTsda.vs October 3p 1968
was considered and the action indicated below was taken on your
(X) Request for variance due to lack of accegs to property
( ) Request for a special exception under the Zoning Ordinance
( ) Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was detemined that a ~pecial exception ( ) be
granted ( ) be denied pursuant to A,rticle .................... Sectiofi ....................Subsection .................... paragraph
.................... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 7:30 P.M.(E.D.S.T.), Upon application ~f Beatrice M. Wasson
and Irvin9 Kahn~ d/b/a Rollingwood Estates, Pt~conic Bay B19d., L~urels
New York~ for approval of access in accordance with the State of New
York Town Law~ Section 280Ao Location of property: private road off
north side of Peconic Bay Blvd.~ Laurel~ New York~ bounded north by
A, V~lcenski~ east by H. Romanowski-Vaupel~ south by Peconic Bay Blvd.~
west by Go &. To Diachun.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
SEE REVERSE
practical
difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the mediate 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
change the character of the district because
SEE t~EVERSE
(would) (would not)
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied
and that the previous deeislons of the Building Inspector ( ) be confirmed ( ) be reversed.
FORM ZB4
After investigation and inspection the Board finds that the ,
applicants request approval of access in accordance with the New York
State Law, Sectfo~ 280Ao The property ' ·' '~ ' , ' ,
which this road is 'tO' serve
has been given approval by the Southold Town Planning Board as a minor
~subdivision. In order to obtain building permits Go build houses on
this property approval of access is needed from the Southold Town Board
of Appeals. The road has been approved and improved according to
the Southold Tc~rn Blanking Board road specifications.
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 pro~ertles
aliek in the immediate vicinity of this property and in the smae
use district and the variance does observe the spirit of the
Ordinance and will not change the character of the district,
Therefore~ it was PJ~SOLVED that Beatrice M. Wasson and Irving
Kahn~ d/b/a Rollingwood ~-states~ Peconic Bay Blvd.~ Laurel, New York~
be granted approval of access .~o private road in accordance with
the State of New York Town Law~ Section 280A~ as applied fore
Location of property: private road off no~t~ ~si~e ~f. Peconlc Bay
Blvd. ~ Laurel, New York.
LEGAL NOTICE
NOTICE OF HEARINGS
Pursuant to Section 267 of the T
Law and the provisions of the amenTf
ed Building Zone Ordinance of th~
Town of Southold, Suffolk County,
' New York, public hearings will be held
by the Zoning Board of Appeals
the Town of Southold, at the Tow
Office, Main Road, Southold, Ne~
York. on October 3, 1968, on the fa/,
7:30 P. M. (EDST//, upon applicatim
of Beatrice M. Waseon and Irviml
Kahn, D/B/A Ro]lingwood Esta~
Peconic Bay Blvd., Laurel, New
for approval of access to private rom/
in accordance with the S~to of N~
York Town Law, Section 280A. ~
lion of property: private road off
side of Peconic Bay Bl/,d., Laurel,
York, bounded north by A Wilcen~[/
east by H. Rdma~owsktoVaupel sul~
by Pesonic Bay Blvd., west by G. &
Diachun.
7:45 P. M. (EDST),'uJ~n applicat~
of W. Corey and Elizab~h-q'. Albert~
Wells Avenue, So]lfllold,~ New Y~
for a variance in a~eordance With ~i
Zoning Ordinance, Artio'~e III,
303, Article Iii, Section $07, and ~/~
ticie X, Section 100~A, for permtsei~
to divide property with reduced fr~
age. Location of proper~y: south 4~
Wells Avenue, Suuthold, Ne'w` ~
bounded north by Wells Avenue, ~
by J S. Gradowski, south by Jo~
Creek. wes~ by R. H. Rothman.
g:00 P. M. fEDS'P), upon appli~
of A. Rellly & Sons, Inc., Mattl~,~[
New York a/c James A. and ~
Carleo, Park Avenue, Mattituck,, ~
York, for a variance in accordance
with the Zoning Ordinance, Article
III, Section 303, and Article X, Section
1000A, for pormlseion to divide lot with
reduced area an/i build new one fam-
ily dwelling. Location of property:
side Park Avenue, Mattituck"
south
New York, bounded north by Park
Avenue, east by D~nieI O'Connell,
south by Peconic Bay, west by M.
~ 8:20 P. M. (EDST), upon application
of A. Reilly & Sons, Inc., Mattitock,
~New York a/c P. 1=. Laurino, Park
Avenue,
l variance Mattitock, New York, for a
in accordance with the
in~ Ordinance, Article III, Section 303,
and Article X, Section 1000A, for per-
I m~ssion to divide lot with reduced area
and build new one tam I~, dwelling
COUNTY OF SUFFOLK
STATE OF NEW YORKI ss:
~uc~aon of property: south side Park
,&%,e~le, Mattituck, New York, bound-
~.~h by Park Avenue, east by Rose
~, south by Peconic Bay. west by
D0~ald Swahn.
~ I~:~) P. M. IEDST), upon application
0f George W. Smith & Sons, Inc.,
I~uthold, New York a/c Raymond
Melhado, 20 Wendell Street, Hemp-
stead, New York, for a variance in ac-
surdance with the Zoning Ordinance.
Booth, Jr., being duly sworn, says
itor, of THE LONG ISLAND
JCK WATCHMAN, a public news-
laid, in Suffolk County; and that
annexed is a printed copy, has been
Artlele III, Section 308, for permls- Island Traveler-Mattituck Watch-
sion to build new one family dwelling
with reduced front yard setback on,
lot with less than 12,600 sq. feet of or .......
area. Location of property: corner of on '
~may's Road and Wesland Road,~g the ................ c~...(~ ..............
So,,*hold, New, York, bounded north by
rly~ Road.
~:00 P. M. (EDST), upon application
of Mrs Raymond Edwards, Sr., Hedge
Street, Fishers Island, New York, for
/~ 'sl:ecial exception in accordance with
I/m~Zoning Ordinance, Article IH, Sec-
t~m 300, Subsection 5 lc), for permis-
'~/~n to erect two family dwelling on
~g~ with less than required frontage
!~ area. Location of property: pri-
v~e right-of-way, Fishers Island, New
~k" ~ounded north by Harry Hurl-
.burl and another, east by private road,
~outh by private road, west by West
9:16 P. M. (ET)ST), upon application
of Ernest Radford, Main Road, East
Marion, 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:
i~ivate road off west side of Bay Ave-
nue, East Marion, New, York, bounded
~0rth by Brown, Radford, and Rack-
et~, 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 pIace specified.
DATED: SEPTEMBER 19, 1968
BY ORDER UP THE SOUTHOLD
TOWN BOARD OF APPEALS
:~re me this ..... ~....Z. ....... day of
....... , 19~....~-
Notary Public 7
LEGAL NOTICE
~lotice of Hearings
New York, bounded north by Park t
Avenue, east by Daniel O~C~nneli,i
south by Peconic Bay, we~t by M.
Laurino. , .
8'20 p.M. (E.D.S.T~), upon appli-[
c~ation cd A. Reilly & Sons, Inc.,~
attltuck l'l~v York a/c P. F.
LM~ur~no, 'Park Avenue, Mattltuck,i
New York, for a variance in accord-
once with the Zoning O~dinance,
Article III, Section 303, and Article
X, Section 1000A, for permission to
[ivide lot with reduced area and
~uild new one family dwelling.
~ation of proparty: south side Park
Avanue, Mattituck, New York,
bounded north by Park Avenue,
east by Rose Carleo, south by Pe-
conic Bay, west by Donald Swahn.
8:30 p.~L (E.D.S.T.), upon appli-
cation of George W Smith & Sons,
Inc., Southold, New York a/c Ray-
Pursuant to Section 267 of the mor~ Melhado, 20 Wendell Street, I
Town Law and the provisions of '' 1~ · n ' '
Hem ~tead, ~ew York, for a v.ar-~
the ~ended Building Zone ,Ordin- . i~ accordance w~th the Zo - ~ ~
ance cd the T~n cd So~thold, Suf- lance . . .. ~ · .
~n Ordinance, Artmle III, Sect~omI ·
folk .Couniy, New York, public [ ~, ~r ~mission to build new on~ ~
hearings will ~ held by the Zon- 3 ~ dwelhng with ~educed ire~ ~ ~
lng B~rd of Appeah cd the ~wn ia 'y ' - 'h less than ~~ ...... ~in~ dHl~ ~wo[~,
of ~u~h~ld, at the Town Office, 0 feet ~n area. ~atton of .
~a~u Road, Southol,~, New York, on 12,50 ~. ' -- ' Road }tinter and Pubhsher of ~e SUFFOLK
)~perty. corner of ~ennys .
~ Oc~ber 3, 1968, on the io~owing and Wesland ~d, ~uthold, New . ' ~ 'd
a~eals: ' - "b ~uth Gib- ~s~per pubhsh~ ~t Greenport, m
catign ~ Beatrice M. Wa~n and 1~, of whtch ~e a~e~ Is ~ prtnt~
~tates, Peco~c Bay Blvd., ~1, ~oad. ,. ~d in the ~id Suffolk Weekly Times
'N~ york, for a~val cd aec~s 9:00 P.,M. (E~.S.T.), u~n appn-,
to p~vate ~d in ac~r~nce ~th :ation cd Mrs ~y~nd ~war~, ~ ......... ~ .............. week~
the S~te of ~ York Town ~w, Sr, H~ge ~t~t, ~ Isl~a,,~
~tion 280A. ~ation of prier- ~ew York, for a s~ e~c~on ag on the .
~: private ~ad off no~h side of ~n accordan~ with the ~omng ~-
York, ~unded north by A. Wilcen- Sub~tion 5 (c) for per,ion '
s~, east by H. ~nows~-Vau- erst ~o iamily dwelling on ~~.~.~.~~ .....
~1, ~outh ~Y P~o~ ~Y Blvd., with l~s ~ requir~ fr~tage A ''
west by G. & T. Diach~. ~nd a~a. ~a~n cd p~P~Y:.IS . ~ ....
7:45 P~. (~.~.T.), u~ app'- private right-of-way, F~hers Is- 19 ~ ~. J
cafi~ ~ W. Co~y and Eliz~e~h T. la~, New York, ~d~ north by ~ .......
ew Y~k, for a valance ~n ac- by pnva~ .r~ -j "-r~r i 'q /"
~r~nce u n a p~i ~' '
· - ~ ~-c~on 1O00A, for ~r-,~ ~st M~on, ~ew zu , .
e~ ' ~u~ side We~ Avenue, ~ew Yo~ Town ~w, Secti~ 280A.
. oy w~ , ~k · York bound~ no~n
· west by ~. H. ~. by ~ .....
I U [; ~ ~iily & ~ Inc., Wa~burn and Marion ~Ke, w
Mat~uck, N~ y~k, ~c J~ A. by W. B~o~ ~- ,~
i dinance, Article III, /k~ztion 303, on the above applications should
and Article X, Section 1000A, for appear at the time and place spe-
permission to divide lot with reduc- clfied.
ed area and build ,new one family' BY ORDER OF THE SOUT~-IOLD
dwelling. Location cd property: TOW~ BOARD OP APPEALS
south side Park Avenue, Mattituck, i 1tS2?!
IRVING KAItN
81© ~l~X~.. ~ s~rm~T
September lOtb~ 1968
Mr. Howard Terry,
Building Inspector,
Town Clerk's office,
Southold~ New York.
Re: Application - Zoning Board
of Appeals.
Dear Mr. Terry:
Pursuant to your letter of August
27th, 1968~ relevant to the above matter, I am enclosing in
duplicate the application which you were kind enough to mail
to Mrs. Fechtig~ together with a c~eck in the sum of $5.00.
Very '~r~,~tly yours,
i~' G~N
IK:MB
ENC:
Smith, Tasker, Finkelste~n, ~d Lundberg
456 Gr~f£ing Ave~,ue
R~verhead, New York
Dear Sir~
In reply to your letter of September 24, Re= minor sub-
d~vis~on "Rolling~ood Estates", please be advised
The matter of final approval of c.zc~e~s ~nGer Section 280A
of Town Law Is scheduled before the Board of Appeals on October
3, 1968, at 7=30 P.M.
We have been advised that the required work has been done and
an inspection of the roads w~ll be made prior to October 3.
All lots have been approved by the Planning Board and are
usable as approved.
Yours truly,
H°~ard Terry
Building ~ns~ector
FO~M ~0. 3
TOWN OF SOUTHOLD
BUILDING DEPARTlVIENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
~OTICE OF DISAPPROVAL
File No .................................................................... Date .......................... ~.~.i;. ...... ~'.0 ................. 19....~.~
................... ~v~.~ ..... ~. ,~.,. .................................
PLEASE TAKE NOTICE that your .application dated
.................... ............................. 19...~.~
!or ........................................ at thc premises located at .......
.... . .. ~ ................................ r~e
Map ~. ~h4~t~i~B~ ....
.............................. Lot .............. ~ ........................ is
r ~ ~'/..././~ ~.; ~isapproved on the followin~ grounds ...... ~.{...~D~.~i...~..A+~;~
.~.~~l~.~...!~,.~..=~!;~ ~ S~c 2~0:~ ?~;~ ~'~ ...........................................
.~ Lr.~.f.r', ...............................................................................................................................................................
TOWN OF SOUTHOLD, NEW YORK
INSP~-CTOR
APPEAL NO./~,~ ~
?
DATE ..............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Beatrice M,Wasson & Irvin~ '- hn D '/.~./ Rol~ in~{ood Eastates
1; (We) .,.: ................... ~ ...................................... ~.,.~a ............ ~ ................ = ......................................
Name of Appella,nt Street and Number
........ .P..~.g..o..~..~.g...~/:..~.Z...v.~.~ ............... .~...g..~.~.e...Z. ....... ~,j.:.x.~, ............................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
Final approval of access
APPLICATION FOR ~ .................................... DATED
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
Bea.t,.~i~.e_.~f~,...]4~.$.~.o~..&..lr_v. in~..l(ahn.~...D./~/A/ Ro!lingwood Estates
Name of Applicant for permit
of
... .e. .e. .o. . .n. . $ .q . . . : . . .Z. .v. . 4 . . . . .E. .e.. ! .... . , ... ......................................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Final approval of access
1. LOCATION OF THE PROPERTY ...P.~.~...~d,,..Ic, J.~...~,e.c.oztk¢...~.~,,,..~&~.c], ............ 4¢ ..... ~.~k~.~
Street Use District on Zoning Map
.... .............................Eaurel
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE AP, PEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.)
Sec 280-A ~ '~
~own Law
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordin.a.nce or Zoning Map
( X~ 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 ~ppeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
(x)
( )
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3 '
A Variance to the Zoning Ordinance
is requested for the reason that 'vie have filed a
Planning Board of Soutkold Town~
directed by the Planning Board~
~80-~ of u~ze Town law %o secure
"minor subdivision'~ plan with the
and have improved our private road as
and now need a final approval %mder-section
building permits on the approved 10ts,
:Porto zm (Continue on other side)
REASON FOR APPEAL
Con t inued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie,s or unneces-
sary HARDSHIP because All lots meet the requirements of the To~cn of Southoid
and the road has been improved as required by the Piar~ing Board,
2. The hardship createdis UNIQUE andisnotshared by all properties alike in the immediate
vicinity ofthis property and in this use district bec,ause This is a U~inor subdivisio~t~
as defined um_der the ne%r Town subdivision rules and regulations~ not
a major s~odivision,
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because : This private road will serve one ..... ~_~
.,.fDa ~, ~4re
residences in the "At~ residential - agric~.Itural district~ in ~- +
believe to be a fine residential comm~ity,
BEATRICE M. WASSON and IRVING KAHN
d/b/a ROLLINGWOOD ESTATES
STATE OF NEW YORK )
) ss
COUNTY OFSu£fotk )
By:
Signature
otary Pul~rllc
/bfot a ry P,
'I~_~ g A~q~Z BT_EZNAK
~o, 52-041325g - S~fo!k Coun'~y
68