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TOWN OF SOUTHOLD, NE%V YOP~K
ACTION OF THE ZONING BOAP~D OF APPEALS
Appeal No. 1123 D~ted June 12, 1967
A~-rlON OF TI{E ZO/9/NG BOARD Ol~ APPEALS OF TILE TOWN O~' SOUTHOLD
To Roger H. and Ruberta Doyle
Mill Creek Drive
Southold, New York
DATE JULY..6. ,...1967
Appellant
at a meeting of the Zoning Board of Appeals on Thursday, July 6,
was considered and the action indicated below was toXen on your
( ) Request for variance due to lack of access to property
( ) Request for a special excsption under the Zoning Ordinance
~X) Request for a variance to the Zoning Ordinance
( )
1967 the appeal
1. SPBC'I,~L EXCEPTION. ]~y resolution of the Board It was determined that a special exception ) be granted
( ) be denied pursuant to Article .............. Section ............... Subsection ............... ~)aragraph
............... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 8:00 P.M. (E.D.S,.T.), Upon application of Roger H. and
Ruberta Doyle, Mill Creek Drive, Southold, New York,' for' a variance
in accordance with the Zoning l~rdi~ance,~ Article ~II, Section 303,
Art~le x, Section 1000A, for permission to divide property with
insufficient frontage. Location of property: south west 'side Mill
Creek Drive, Southold, New YOrk, bounded north by Mill Creek Drive,
east by Frank Leto, south by Mill Creek Drive, west by R.H. Doyle.
2. VAP~IANCE. By resolution of the Board it was determined that
(a) Strict applicatton of the Ordinance (woufld) (would not) ~roduee practical difficulties or unnecessary hardship
because
SEE REVERSE
(b) The hardship 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) (~qould not) change the character
of the district because
SEE REVERSE
snd 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.
1~Olt~I ZB4
Barbara C. Dittma~h, Secretary
After investigatiun and inspection the Board finds that
the applicant is desirous of ~elling lots 44 & 48 located on
Mill Creek Drive, Southold, New York, electing to include four
feet on the south line more than was applied for in the original
application.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or permitted
use of neighborhood property and adjoining use districts will not
be permanently or substantially injured and the spirit of the
Ordinance will be observed.
Therefore, it was ~ESOLVED that RDger ~. ~a~ Ruberta Doyle,
Mill Creek DriVe, Southo~d, New Yolk, be granted permission to sell
·ots 44 & 48 ~o-cated on Mill Creek Drice, Southold, New York, -
including, however, four feet on the south ~line more than was
applied for on the original application.
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 hearings will be held by the
Zoning Board of Appeals of the Town of Southotd~ at the Town
Office~ Main Road~ Southold~ New York~ on July 6~ 1967~ on
the following appeals:
7:30 PoMo (EoDoSo'To)'~ Upon application of Rensselaer Go
Terry~ Jro ~ Esqo ~ Main Road~ Southold~ New York~ a/c Thomas
Po Dougherty~ et al~ 168 Elm Avenue~ Glen Cove~ New York~ for
recognition of access in accordance with the State of New York
Town Law~ Section 280Ao Location of property: so~th side
North Bayview Road, Southold~ New York~ bounded north by
Hilto-Epp-Orso ~ east by Jo Shipule-McCarthy, south by North
Bayview Road~ west by Ho ~chumachero
7:40 PoMo (EoDoSoT~)~ Upon application of Ruth Ann Brown~
Southold~ New York~ a/c Ragna Bie~ Horton Point~ Southold~
New York~ for a variance in accordance with the Zoning Ordinance~
Article III~ Section 300~ Subsection 6~ for permission to
locate an accessory building in the front yard area. Location
of property: north side private Road~ Horton Point~ Southold~
New York~ bounded north by Long Island Sound~ east by Vincent
Sardi~ Sro~ south by JoMo Bie~Right of Way, west by WoRo M[illero
Legal Notice
Page -2-
7:50 PoM*(EaDoSoT~)~ Upon application of Theodore Rohloff~
Main Road~ Orientt New York, for recognition of access in.
accordance with the State of New York Town Law, Section 280A.
Location of property: south side Orchard Street, Orient~ New
York, bounded north by Orchard Street~ east by Jagger Est.~
south by land of Douglass, west by land of Tabor°
8:00 PoMo(EoDoSoTo)~ Upon application of Roger Ho and Ruberta
Doyle~ Mill Creek Drive~ Southold, New York~ for a variance
in accordance with the Zoning Ordinance~ Article III~ Section
303~ Article X~ Section 1000A~ for permission to divide proper~
with insufficient frontage. Location of property: south west
side Mill Creek Drive~ Southold~ New York~ bounded nor th by
Mill Creek Drive, east by Frank Leto, south by Mill Creek Drive,
west by ROHo Doyle.
8:10 PoM° (EoDoSoTo) ~ Upon application of Greenport Shores
Civic Association, Shore Drive~ Greenport, New York~ for a
special exception in accordance with the Zoning Ordinance~ Article
III~ Section 300~ Subsection 9~ for permission to erect a sign on
the prope~ of Donald Co Roach. Location of property: south
side Shore Drive~ Greenport, New York~ bounded north by Shore
Drive~ east by Silvermere Road~ south by Silver Lane~ west by
WoCo Van Nost~ando
Noflce of Hearings
~ur~m~t to Section 267 of
~ Law ~ ~e ~i~s of
I~e ~ ~ ~ne
~, S~f~ ~ty, Ne~ York,
~b~ h~ w~ ~ ~eld by
t~ ~ of ~u~old, at ,t~
York, on ~ fo~ a~:
Or., ~., ~ ~, ~th~, New
~f ~e~ York T~ ~w, ~tlon
~, N~ Y~k, ~ded n~ by
~-M~y, ~uth by
~ew ~, w~t by H. ~u-
' ~tion of Ruth ~ B~wn,
o~, New York, a/c ~ Bi,e,
S~on ~, Su~tio~ 6, for
b~g in ~e ~ront yard
~va,~ ~d, Hor~ Point, Soa~h-
old, ~ew York, ~ nor~ by
Lo~ M~d '~u~d, ~t ~by V~-.
Right ~ ~ay, we~t ,by W. R. ~1-
7:50 ~. (E.D.S.T.), Upon appli-
cation ol Th~ ~off,
t~ State of N~w York ~wn Law,
~tion 28~. ~tio~ of
;~ient, N~ York, ,~de,d north
by ~h~d Street e~t by J~ger
{ ~t~, ~uth by l~d of ~ug~,
~st by 1~ of ~.
~Mon of ~g~ H. ~d Ru~
~yle, ~1 ~ ~ve, ~uthold,
~r~e w[,h the Zon~ Ord~-
~ to di~de Pm~rty ~
P~: ~u~h west ~de
~ D~, ~thold, N~ Y~k
~d ~h ~by ~1 Cr~k D~ve
e~ ~ F~k L~io, s~uth by ~11
~k ~ive, w~t by R. H. ~yle,
~, N~ York, for a s~l ~-
ceptio~ ~ ~e wl~
~ to e~t a 3lgn ~ the pro-
bity of ~d C. ~h. ~a-
~n of ~y: ~u~ side ~ore
~ve, ~e~rt, New York,
~unded n~th ,by Shore Drive, ~t
Ver ~ne, w~t by W. C. V~ Nos.
~r~d.
~d, ~o~, H~w Y~k, for
York, ~ded no~h b~ A. V~
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
....~,..~¢~.~..~. .... (~ . ............. being duly Swor ,
says that ...~. · is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county; and ~hat the notice, ,of which the ~nnexed is ~ printed
~opy, has been published in the ~mid Suffolk Weekly Times
once in emch week, for ........ ~k.~.~. ............. week~
successively commencing on the ...~, ~.%.~.[f~.~,:~.7~ .........
... ....... ?. ,
day of ~ to., ~ '
...........
Sworn to before me this ..~:~.L .-..
.:.~ ~-. J
day of .... j ~ ~¼, . ...... 19~.-/..
........ ~.¥' ......... /, .... ,-~ ~,~ ,./':
....... ~.~;-~., ,.. -se; ."~ ..... '._~ ~.,i ~.'. · ·
~:~ ~'.~v~. (~..D~S.T.L Upon a~pl~-
.ca.~,on of Serge J. ~yen, Jr., Fi~-
ers Is:~, ~ew York, for a special
exception in a~c.or~ce with t
Zoning Ordm~ce, ~[icle IV, Sec-
tion 408, S~bs~tion (b), for ~r-
m~io~ ~ retain w~ sign. Locaj
ti~n of proper .y: sou~ side
~treet, Fi~ers ~land, ~ew York,
~ounded n~rth by We~t St.feet, east
:by ~uestri~ Avenue, so~th by~
~tzour~d~e, wes~ by F. I
9:~ P~M. (~.S.T.), U~on appli-
~tion of ~a,ttituck I~n W~,
~d Argue, ~ Pacific S~et,
~bti~k, New York, for a
~e Zoni~ O~an~ Art~le
e~tton ~, ~u~ti~n (~b), for
~rm~io~ ~o rein ,a side ~all
~n. ~tion of proper;y: s~uth
e~ side Sou~ Av~ a~d Pa-
ci~ S~et, Mat.tibuck, Ne,w York,
~d~ no~h by ~und Avenue,
e~t .by M,~.it~ ~esb~emn
~, ~ut~ by Pe~r ~r~o,
we~ ~by ~fic
Any ~n desi~g to ~ heard
on ~ of the ~ve appli~tia~
~d a~ar at the t~e ~d
~ ~bove speci~ed.
TOWH OF SOU?HOLD, NEW' YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) Roger H~ & Ruberta Doyle of Mill Creek Drive
Name of Appella,nt Street and Number
Southold . N Y.
........ : ................... HEREBY APPEAL TO
Municipality State
THE
ZONING
BOARD
OF
APPEALS
WHEREBY THE BUILDING INSPECTOR DENIED TO
(x)
( )
(X)
Name of Applicant for permit
of
Mill Creek Drive Southold 'N.Y.
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY Mill Creek Drive A-1 Residential
Stree~ U~; Distric; on Zoni~ Mop
Map ef Mill Creek Grove 44 & 48 Southold (Arshamomoque)
lv~ap 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
(x) A VARIANCE 'to the Zoning Ordinance or Zoning Map Art. 3 Sec.303 Art. 10 Sec.
( ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 62 Cons. haws
Art. 16 Sec. 280A Subsection 3
1000A
4. PREVIOUS APPEAL A previous appeal ~s) (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 ................... '.i;i ...............................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(x) A Variance to the Zoning Ordinance
(x) Article 3 Sec. 303 Article 10 Sec. 1000A _ .-~~;~ ~:,
fo ,he re son ,h ,AppeZZa
shown on map~ as one parcel excepting 4 ft. from lot 44 fronting on MILL
Creek Dr. change from 74.29 ft. to 70.29 ft. on Mill Creek Dr. The 4.29
ft. retained by appellant %o become part of !o% 45 also owned by appel-
lant. Reason for retention is %o preserve large trees running along
lot line between lot 44 and 45.
Form
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because lot has large, frontage.
. . /. ,/'~-.~/ ~ ! f-~ )
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 bec,a:use .
Largest lot-ini~he area.
~'3. The V6riance would observe the spirit of the Ordinande and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because a reve±w of Map of area annexed hereto
shows lot ~4 and lot 48 are adjacent to each other and -when taken as
one parcel is equal to or larger than surronding lots, containing
22,207 square fee%.
STATE OF NEW YORK. )
) Ss
COUNTY OFSu~o1kz~ )i
Notary Public DOMINIC AURICHiO
~*arv Public State of New f~olk Co Ofttcml - -~-
~ : ' '. Signature (j
PORM [~0. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your~ dated~~..~.~...?...~..~....... 19 ........
for permit to~ .~..V~..%.~ ............. at tho premises located at ..... ~.~:.~..~.~
.... ~f~.~ ....................................................... Street ~O~;hol~ ~ ~.~.
lVfa~F~} ................... :....Block ................ ~ .................. Lot .~:,.~....~..~,~...,.{.~,.!¢...~....~.t...0.~} is
disapproved on the following grounds .... .~.~.~.~?.,~...~,....f.~.:.~....gO
' ~ '% e ' '~X ' ' ...........................................
~...e.~,~...lo.~ ..... gr. :.~...l.~: L....~..~: .~...~:~.. !...~:~.. ~....~..e.~... gsa! ....
Building Inspector
k',, 3.7 ,'4
!
HENRY J. ,,.,~MITI4'-'