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HomeMy WebLinkAbout1140 TOWN OF $OUTHOLD, ~ YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1140 ~NG Dated September 7, ACTION OF THF ZONING BOARD OF APPEALS OF THE IOWN OF $OUTHOLD Robert S. Pascale To Rabbit Lane East Marion, New York DATE October 26,1967 1967 Appalls;hr at a mectil~g of the Zoning Board of Appeals onThursday, November 16, was considered and the action indicated below was taken on your ~ ~ Request for variance due to lack of access to property ( ) Request fur a special exception under the Zoning O~dinanee ~ ) Reques~ for' a variance to the Z~[ng Ordinance ~ ) 1967 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it ~vas determined that a special exception ( ) be gr~nted ( ) be d:enled ,pursuant to Article ............................... Section ......................... Subsection ......................paragraph ........................... of the Zoning Ordinance, and the decision of the Building L~.specto¢ ( ) be reversed ( ) be confirmed because 7:30 P.M. (E.D.S.T.), Upon ~he Board' s own motion a rehearing on Appeal No. 1140, upon application of Robert S. Pascale, Rabbit Lane, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, Article X, Section 1000A, for permission to divide property with insufficient frontage. Location of property: north' side Rabbit Lane, East Marion, New York, bounded north by Marion Lake, east by Crowley, south by Rabbit Lane, west by Jack Schimat~. 2, VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordh~nee (would) (would not) p.-oduce practical difficulties or unnec- essary hardship because SEE REVERSE (b) The bard~Hp created (~s) (is not) unique and (would) (would not) be shared by all pc~perties alike in the immediate v~cinity of this 9roperty and in the sam~ use district because SEE REVERSE (c) Th~ variance (does) (does not) observe the spirit of thc Ordinance and (would) (would not) change the cb, steerer ,of the district beck. me SEE REVERSE ' and therefore, it was further detormCued that the requested variance ( ) be g~anted ( ) ,be den~ed and t~rat the pre~ious decisi~cm of t~e Building In~ect0r ( ) ,be c, onflrrr~d ( ) be reversed. FORM ........ // Barbara C. Dittmann, Secretary After invebtigation and inspection the Board finds that the applicant requests permission to divide property with insufficient frontage and area. The Board finds the applicant proposes to divide property, acquired after the passage of the Zoning Ordinance, of 111.56 feet in width by 215 feet to 225 feet in depth on Rabbit Lane ~n.'Marion Lake, East Marion. A substantial portion of this depth has been created by dredging Marion Lake. The width of the divided lots would be approximately 56 feet. The hardship is self created, both as to the dredged portion of the new 1End an~as to th~Qi~th,/~hlch ~as arbitrarily determined by the financial interests of partners at th~ termination Of a partnership. Without emphasizing th~ danger of pollution of Marion Lake, and assuming the adequac~ 6f the ' proposed off premises water~s~pply, and disregarding the fact that the applicant has proceeded with this project without prior authorization, the Board's primary concern in this situation is the creation of 56 foot lots, contravening the basic lot size of the Ordinance which is 100 feet by 125 feet; and setting a precedent for the development of narrow lots on waterfront property. Rabbit Lane is afflicted with a number of non-conforming narrow lots at the present t~me and an aPproval of the present request would in fact tend to depreciate property values in the entire area by rendering tacit encouragment to others to develope property in a simil&r manner. Accordingly, the Board finds the proposed use is not in harmony with the general purposes of the Ordinance; will tend to discourage the conservation of property values, will adversely affect the probable ~lsvelopment of residential use in the area. Robert S. Pascale Appeal No. 1140 October 26, 1967 The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does not observe the spirit of the Ordinance and will not change the character of the district. Therefore, it was RESOLVED Robert S. Pascale, Rabbit Lane, East Marion, New York, be DENIED permission to divide property with insufficient frontage as applied for on property located on the north side Rabbit Lane, East Marion, New York. -2- TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS .%ppe~ No. 1140 Dated September 7, 1967 ACTION OF TI{E ZONING BOARD OF APPEAI~ OF THE TOWN OF SOUTHOLD Robert S. Pascale To Rabbit Lane East Marion, New York Ap~lla~t ,~t a !aectivg ol ~e Zoning Board of Appeals on~hursdRy, September 29,1967 the appeal was c~sidered and ~e at, on indicted ~1~ was taken on yvur , ) Eequest f~r v~i~ce due ~ lack of ac~ ~ pro. fly ( ) Request Iora ~eci~ excep~ under~ the Z~ing O~'dinance ~X) ~qucst for a vafi~ce ~ th~ Z~g ~d~ance ~ ) L SPEC]AL EXC~ON. By re~lution of the Board it w.as determined t~t a s~c~l excep~on ( ) be gvan~d ( ) ~ d~ 9~t ~ ~ ............................. Secti~ .......................... Sa~il~ ...................... ~raph ........................... of ~e ~ Ord~ce, ~d the d~lon of ~he Building ~ ( ) be ~ver~ ( ) ~ confirmed became 8:00 P.M. (E.D.S.T.), Upon applica~ion of Robert S. Pascale, Rabbit Lane, East ~rion, New York, for a variance in accor~nce with. the Zoning Ordinance, Article ~, Section 303, ~ticle X, Section 1000A, for permi~on to divide property and construct two ~ellings wi~ insufficient .f~ontage and area. Location of property: Rabbit Lane off east side Bay Avenue, East Marion, New York, bounded nor~ by Rabbit Lane, m st by V.M, Gray, south by Gardiners Bay, west by Reichart. VARIANCE. B~ resolutlo~ of the Board it was determined that Shrift application of ~he Ordinanec (would) (would not) p.-oduce practical difficulties or unnec- essary hardship because SEE REVERSE ih) The hardship created (is) (is not) unique and (would) (would n~t) be shared by all properties alike in the l~nmed~ate vicinity of this property and in ~he same use district because SEE REVERSE (c) Th~ variance (does) (does not) observe the spirit of thc Ordinance and (would) (would not) change the e~mracber of the dist~ct becmmse SEE REVERSE and therefore, it was further determ/ned that ~he requested varim'~ce ( ) be gran%ed ( ) be denied and that the pr~ious deciskms of t~e Building Inspector ( ) ~be confirmed ( ) be reversed. ZONIN(~ BOARD OF APPEALS Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the applicant requests permission to divide property with insufficient frontage and area on both lots; and erect a dwelling on each lot. The Board denies this application because of Article III, Section 3~, and Article X, Section 1000A of the Building Zone Ordimnce, which governs the size and area of a lot. The Board finds that the circumstances involved here are a self-imposed hardship. The lot in question is just about large enough for one lot, and it would be in violation of the spirit and intent of the Ordinance to divide this property in order to make two undersized lots with dwellings thereon. The Board also points out there is a lack of fresh water supply in this immediate area. The Board~finds that strict applieati6n of the,Ordinance will~t prod~e£practical~i-f-ficulties or unnecessary hardship;~the hardship created is not un~ue and would be, shared bY all properties alike ~n the immediate Vicinity~of this property and in the same use district~ and the variance does not observe the spirit of the~ O~dinanCe~and will not change the character of the, d-istrict.~ Therefore, it was RESOLVED that Robert S. Pascale, Rabbit Lane, East Marion, New York, b~ DENIED permission to divide property with insufficient frontage and area and construct two dwellings there on, on property located on the north side Rabbit Lane, East Marion, New York. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OTiCE OF DISAPPROVAL ~amuel Gli¢~ Attorney A/C ~obert Pa~chi~ .......... ~:~..~ ................................................... .............. .G.;r,~.~p.~..~. ~ ...~..,.Y., .............................. ~sz ~ so~c~ ~h~t your a~tion d~t~d ........................ ~e~ ..... ~ ........ l~..~. for permit to const~ct $~..,~[~.~: ...... ~t the pr~mlses located at .... ~~...~ .... Q.~,~...$.a~t.A~ .................................. Street East Mario~ N.~, ~ - is ~ ......... Block ~ ...... Lot ................................................. Map ..................................................................... returnee herewith and disapproved on the followinff grounds ...... ~~.~.~...~.~,ge ......... ~..~ ...................... ,~..~,~.~.~.~...~...~..~..~..~.~...~ .................................. TOWN OF SOUTFIOLD, N[W YOitK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZO~NING BOARD OF 6PP. EALS, TOWN OF'SOUTHOLD, ,N. Y. 1, (We) .~.~,~.~:~ ..... ~..~....~'~: ............ ,'~ .........;7 .""':';~:.:'E:: .... : ~ame of Appellant 3,ree, ano q ':~ ,,~ ~ t' t"~ ~.TZ(~ .............. HEREBY APPEAL TO .............. ~'~' .... '~"~'"'~' ~4'~'~;~;i~5 ........................ :::.7. APPLiCATiON FO~ PErMiT NO..:~.: ........... >~ .............. : .... DATED ...~K:'~:: .......... Z . ....... WHEREBY THE BUILDING INSPECTO~ DENIED TO ..... ........ :.:-. ....... .............. . 7. ,~, ~ j.~ ,[ , ~, ~, ~,~ ~ ............. '.Z~,(.~.~L..~f.~:~L:.7: ...................... :~f .............. ~treet and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1uOC~T~ON o~ THE ~O~[~TY .... Z ...... ~.~ .......... ~- ~ ........ ~ .... ' ~ Street ~se Districf 0n Zoning Map ....................................................... .............. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate :~'he Article Section, Sub- section and of the Zoning Ordinance )y number, not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( A VAR ANCE to the Zoning Ordinance or Zoning Map ( )A VARIANCE aue 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 (~lil) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Vcriance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) ~ ~ ,~ is requested for the reason that ,,~ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE wouk]¢ prod~uce practical difficulties or unneces- sary HARDSHIP because ~¢' ,~7/;¢ ..... ~ 2. The hardship created is UNIQUE and is not shared vicinity of this property and in this use district bec,a.use by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~~ ~.~O /&~4 ,~ ~ STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this .ff .................. /~ ....................... day NotqW Pubhc NO. ]. ?OWN OF SOUTHOLD BUll,DING DEPARTMENT TOWN CI,ERK'S OFFICE SOUTHOI,D, N. Y. Approved ........................................ , 19..(.!... Permit No ............................. Application No.~;:' , APPi.[CATION FOR BUILDING PERMIT INSTRUCTIONS o. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building sh.a. II be occupied or used in whole or in part for any purpose whatever until o Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to ~he Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinance~ujfldjng c c~e~d regulations. ...... ~" !o~ ~plicant, or name, if a corporation) Address of applicon). State whether applicant is owner, lessee, agent, architect, engi'neer, general contractor, electrician, plumber or builder. Name of owner of premises ......... ~ C)~...~' ................... ~ .......~"~'~'"~-/~"/'~'""~"' .................................................................... if applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) land on which proposed work will be done. Map No.: ........................................ Lot No.: ........................ /wun,c~ pauTy 2. State ex sting use and occupancy of premises and intended use and occupancy of proposed construction: . ..... a. Existing use and occupancy ....... : ........... i'.~... ............................................................................... , .............................................. b. intended use and occupancy ................................................. 3. Nature of work (check which applicable): ~ew Building ......... Addition ...............Alteration Repair .................. Removal · .... ...,...,..... Demoh~on'*' .................. Other Work (Describe) ...................... 4~ Estimated Cost '~"~'"~4 ................................... Fee ....... .~...~ ~ ~ .................. (to be paid on filing this application) 5. if dwelling, number of dwelling units ....... /. .................. Number of dwelling units on each floor .~. .......................... if garage, number of cars ..........~..~..~....:~.~L~:.~Z .................................................... ~ ..................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ............... Depth Height ....................... Number of Stories .......................................................................................... Dimensions of same structure with alterations or additions: Front ............................... : .... Rear ............................ Depth ................................ Height ...... _.~ ........... ,~, ......... Number of~ Stories ;:~ .... z. .... 'i,:;~:' ~:~ 8. Dimensions of entire new construction-'Front ?~..~.~.._ R~- ~f/~*~'i' ~'~ ~, Height .................... N~umber of Stories ...... ~').~ ,~ ......... ~ , · ~- ............. 9. Size of lot: Front ..... .~..~....~ Rear ;~..~.... ...... ';;;~;' ........... '~:~,' .................................................. Date of Purchase ~ ~:' ~"' "'i .......... /";.i ...... .""."";~ 10. _ ........ ~" '~' ...../.~-?. ................. N,a~qe of ~o~,~er Owner"~.;~/?/.~Z~ ~ ,~,,~.~- , .... . .. ................ ....... 11. Zone or use district ~n which premises are situated ...... :'J.~.. ...... ~.~.'"/./.'~.]..~.'/_ 12. Does proposed construchon v,o~ate any zonina law, ordinance or renul~fi~p 13. Name of Owner of premises X~...~...~.'.:.~.,-~,.~ .~.~.~.~..~.~.~A~r .... ~f~'~~'~" .......................................... .................... t.-~*~-., · uu e~s ..~,v.¢:F....~.f~4.v:...C~ ........ Phone No .............. Name of Architect ...................................................... Address ............................................ Phone No Name of Contractor .................................................... Address ............................................ Phone No PLOT DIAGRAM Locate clearly and distinctly all buildings, wi~ether existing or proposea, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner Jot. STATE OF NEWeY©Rzl(~,~ ,,. t,.,. * :~'~'~'?' ~ /*¥ I~C' COU, b~TY OF ,..A. ff.~( ..............~ '' "~ .... ('~~,~,~[~[~..~]}~]~ ................. being duly sworn, deposes and says that he is the applicant above named. He is the ............... e.~.~ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perfOrm or have performed the said work and to make and file this application; that all statements conta~ined in this application, are true, to the best of his knowledge and belief; and tha~,the work will be~rfor~8 in the manner'set forth in the applicotioh filed therewith. Swo, n ~efore me ~i~ ~ ~ ~ _ . ....... ~..~.~ .... da~ .... :~~.../~ ..................., 1.9.~.~. ~~ ~~ (~ ..... ' ...... Co,.h, '/ of ............................. TOWN OF SOUTHOLD, NE~ i'ORK ACTION OF THF ZONING BOARD OF APPEALS Appeal No. 1140 Dated .epte.e~z 7, l~7 ACTION OF THE ZON~G BO~ OF APPEALS OF THE TOWN OF SO--OLD To 28,1967 Appellant at a meeth~g o£ the Zoning Board of Appeals °n~hulfl~lr,_ Be~'P..el&~,)ez' 29, "1~? the appeal was considered and the action indioated below was token on your , ) Request for varimxce due to lack of access to property ( ) Request for a special exceptiom under the Zoning Oldinance (X) Requcs~ for a varismce to the ZavA~g Ordinance ~ ) ]. SPEC]AL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be d:eiaied pursua~nt to Artiele ............................... Section ............................ Subsection ........................... paragraph ............................ of the Zoning Ordinance, and the decision of the Buildin~ lmspector ( ) be reversed ( ) be confirmed because ~100 I~oN, (ItoD. iBoT, )e ~ &~i~X;Le&t::~o~ o~ l~il~le, R&bblt LedlO, F4lt NmZJ~N~, II~d YOZk, ~tA~ of ~ys I~At ~ off eat ol~ hr A~, ~ by ~rl hF, wUt ~ 2. VARIANCE. By ~esotution of the Board it was determined that (a) Strict application of the Ordinanee. (wonld)(would not) produce practical difficulties or urmec- essary haxdship because (b) The hard,dp created (is) (is not) unique and (would) (would not) be shared by ali !arope.rties alike tn the l~nmediate vieinity of this property and in the samr~ use district because (c) Th£ varfance (does) (does not) ,observe the spirit of thc Ordinance and change the character .of the district bectmse (would) (would not) and therefore, it was furth.er detenngned that the requested varia~,ce ( ) be granted ( ) be denied and that the pre~ious decisions of ti~e Building Ins.pector ( ) .be confirmed ( ) be reversed. FORM ZB4 ZONING BOARD OF APPF.,ALS B~b~& C. Dlttn~nn, 8ecretery After lnve~tiqatiou and ~n~peetAon tho Board £lmub that The Board linde that strict silliest%on of the Ordinance will ~t hand,hip created ~ not unt~o and would be shared& bM all l~operties &l~ke ~Lu the ~modiate vicinity of this property and ~n the same use dAatr~t~ and the variance do~m not observe the spirit of the OrdAnance and will not titan!J® the character of the dimt~ict. ~mrefoze, it wan BE~OLVKD that Robert S. ~a~ale0 Rabbit ~, ~t ~, b York, ~ ~ ~11~= ~ ~V~J Sage Any pezsou desSrLug to be heard on the above ~d of ~s MY..% GI?'t~'~'tqFORT. Iq'. Y~ FRIDAY. OCTOBER 20. 1~7 Yor~, ' L~'~L ;NOTIQE Ftshe~ New a/C Brad- ' ]ford Burnham, Fishe~ Island, New~ Pu~uant tq ~c~on 267 of theI York, for r~ogni~o~ of ac~ss in~ the ame~ed B~lding Zone Ordin- York'Town ~w Section 280A ~- ante of the Town of Southo}d, Suf-] cation of prope~y: nor~ side private folk County, New ~ork, pubic hear-/ road, Pennisula, Fishers Island, Ne~v ings willbe held by the Zoning Board York, ~d~ north by Burr, east of Ap~a~ of the Town of South- by ~gh~ of lWay-Burr, south by old, at the Town ~fice, Ma~ Road, Bu~, w~t by West Harbor. Sou~old, ~ew York, on OcWber 26, Any ~rs~n desiring to be heard 7;30 P.M. (E.D.S.T.), On the shoed appear at the time and place Board's own motio~ a rehearing on above Sp~ified. Appeal No. 1140, upon application )ATED: ~OBER 11, 1967, BY of Robert S. ~cale, Rabbit ~n~, O~ER OF T~ SOUTHOLD Bast Marion, ~ew York, for a vam- TO~ BOARD OF APPEA~ ance ~ accordance with the Zo~ng Ordinance, Article III, Section 303, Article X, Section 1000A, for permis.- sion to ,divide property with insuf- ficient frontage. Location of prop- erty: north side Rabbit Lane, East Marion, New York, bounded ~aorth by Marion Lake, east by Crowley, south by 1~a~bit Lane, west by Jack Schimatz. 7:45 P.M. (E.D.S.T.), Upon appli- cation of Robert Hyatt, Seuthold, New York, a/c William Wurtz, Hot- ton Point, Southold, New York, for ~a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, for permission to build an accessory building in the front yard area. Lo- cation of property: ~north side Pri- vate Road', (Hyatt Road), Southold, New York, bounded north by Long Island Sound, ~st by C. Ocame, south by right of way, west by W. 8:00 P.M. (E.D.S.T.), Upon appli- cation of Fred Adler 18 Lion Lane, Westbury, Igew York, for a variance lin accordance with the Zoning Or- dinance, Article III, Section 303, Article X, Section 1000A, for per- mission to divide property with sufficient frontage. Location of property: north east side Lake Side Drive, tots numbere~ 77 and 78 in Cedar Beach Subdivision, Southold, 8:15 P.M. (B.D.S.T.), Upon appli- catio~ of Joseph J. Decker, Nassau Point Road, CutchogUe, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to con- struct a dwelling With insufficient side ya~ff. Loc~ti(m of property: west side Wunnewata Road, Nassau Point, Cutchogue, New York, lot number 299 in "Amended Map A of Nassau Point." 8:3{) P.M. (E.D.S.T.), Upon appli- cation of Marian Columbus Club, Inc., Depot Lane,. Cutchogue, /~lew York, for a speci~]t exception in ae- cor~lance with ~he Zoning Ordinance, Article III, Section 300, Subsection 5 (c), Ior permission to erect a frat- ernal clubhouse, ~o~ation of prop- erty: east side Depot Lane, Cutch- togue, ~ew York, bOUnded north by ~. H&lecki, east by Zaneski, south by is Bi~lecki, west by Depot Lane, 8:45 P.M. (E,D.S.T,), Upon appli- · ' ~cation o~ Robert Waddington, .Ir., ltO20 ' LEGAL ~NOTICE Notice of Hearings Pursuant to Section 287 of ~he Town Law and the provisions of the amended Building Zone Ordinance of the Tow n of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold at the Town Office, Main Road Southold, New York, on Sepfembe~ 28, 1967, on the following appeals: 7:30 P.M. (E.D.s.T.), Upon appli- cation of Rickard Menzer, 30-70 50th Street, Woodside, New York, for recognition of access in accord- anee with the State of New York Town Law, Section 280A. Location of property] west side Right of Way, west side North Bayview Road, South(~ld, iNew York, bounded north by Nelson, east by Right of way, south by McDavid, west by Goose Bay Est. Sub. 7:40 P.M. (E.D.S.T.), {Jpon appli. cation of Edna A. Brown, Main j Road, Ea,st Marion, New York, a/c [ Helen Hildergarde Hawkir~, 2807 [Spangler L~ne, Bowie, Md., for a I variance in accordance with the ]Zoning Ordinance, Article III, Sec- tion 303, Article S, Section 1000A, ~ for permlsion to divide premises [with insufficient frontage and area in either lot. Location of property: south side Main Road, East Mar- iqn, New York, bmmded north by Main Road, east by Arthur Lim- ouze Est., south by Bay, west by Michele Monz. :OLK, YORK. ~ ss: ~..~.~-. ...... being duly Sworn, is Printer and Publisher of the SUFFOLK newspaper published fit Greenport, in s~id insufficient frontage and area. Lo- cation of property: Rabbit Lane off east side Bay Avenue, East Mar- Ion, I'/ew York, bounded north by Rabbit Lane, east by V. M. Gray, south by Gardiners Bay, west by W. Reiehart. Any person desir£ng to be heard on the above applications should ap- lear at the time and place above specified. DATED: SEPTEMBER 14, 1967, By Order of the Southold Town Board of Appeals ITS22 8:00 P.M. (E.D.S.T.), Upon appli- Jhe notice, of which the annexed is ~ printed cation of Bobel:t S. Pascale, Rabbit Lane, East Marion, New York, for Jlblished in the said SulIolk weegl~t -l-lines a variance in accordance with the [ ~-~_e~- Zoning Ordinance, Article .III, See-J, for ........................... weeg~ tion 303, Article X, Section 1000A,[ . for permission to divide property Jlell¢lng on tile ... ~ .~.. ~.~.~. ~.-~; ........ a.nd construct ;two dwelli, ngs with ~-~vl~-, ,,~ ..... 1~./., LE,GAL NOTIC~ Pursuant to Section 267 of the Town Law ~nd the provisin~s of the ame~fled Building Zone Ordin- ance of the Town of Southold, Suf- folk County, New York, publlc hear- lngs will be held by the Zoning Board of Appeals-of the Town of South- old, at the Town O~fice, Ma~n Road, Sou~hold, New York, on Ocinber 26, 1967, on the following appeals: 7:30 P.M. (B.D.S.T.), On the Board's own motion a rehearing on Appeal No. 1140, upon application Fishers Island, New York, a/e Brad~l ford Burnham, Fishers Island, New l York, for recognitin~ of access in accop~'ance with the State of New i, York Town Law, Seetic~n 280A. Lo-i, } SS: cation of property: north side private J road, Pennisula, Fishers Island, New ,vi . York, bounded north by Burr, east' (.~(-ILL~-~4-~ beillg duly SworI1, by Right of Way-Burr, south by~ ................ Burr, west by West Harbor. heard inter ond Publisher of the SUFFOLK Any persan desiring to be sO~o a~n~y of the above applications ;poper published ~t G~eenport, in sold s ul~ appear at the time and place above specified. lice, of which the ,annexed is ~ printed of Robert S. thascale~ Rabbit L~ne, DATED: OCTOBER 11, 1967, BY. East Marion, New York, for a varl- ORDER OF THE SOUTHOLD ~d in the s~id Suffolk Weekly Times ~ance in accordance with the Zoning[ Ordinance, Article III, Section 303, ~rticle X, Section 1000A, for mon to divide property with insuf- ficient frontage. Location of prop- erty: north side Rabbit Lane, East Marion, ~Vew York, bounded aorth by Marion Lake, east by Crowley, south by l~mbbit Lane, west by Jack Schimatz. 7:45 P.M. (E.D.S.T.), Upon appli- cation of Robert Hyatt, Southold, New York, a/c William Wurtz, Hor- ton Point, Southold, New York, for ~ variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6, for )errnission to build an accessory building in the front yard area, Lo- cation of property: aorth side Pri- vate Roa~, (Hyatt Road), Southold,, New York, bounded north by Long, Island Sound, dast by C. Ocame, t south by right of way, west by W. L. Mandel. 8:00 P.M. (EX).S.T.), Upon appli- cation of Fred Adler 18 Lion Lan, Westbury, ~ew York, for a variance in accordance with thee Zoning Or- d/nance, Article III section Article X, Section 1000A, for per- mission to divide property with in- suf/ictent frontage. Location oi property: north east side Lake Side Drive, lots numhere~[ 77 and 78 in Cedar Beach Subdivision, Southold, New York. 8:15 P.M. (E.D.S.T.), Upon appli- cation of Joseph $. Decker, Nassau Point Road, Cutchogue~ New York,~ for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to con- struct a dwelling with insufficient side yard. Loc~ian o~ property: west side Wunnewata Road, Nassau Point, Cutchogue, New York. lot number 299 in "Amended Map A of Nassau Point." 8:30 P.M. (E.D.S.T.), Upon appli- cation of Marian Calurahus Club, Inc., Depot Lane, Cutchogue, New York, for a special exception in ac- cordance with tShe Zoning Ordinance, 5 (c), for permission to erect a frat- 8:45 P.M. (E.D.S.T.), Upon appli- i cation of Robert Wadding~on, Jr., TOWN BOARD OF APPEALS ltO~0 ....... .~.'Y..~. ............. week~ succ6ssively commelp.~g on the , .~.~.'.c.%,,~;~.~,.~. ...... of (C~.~,,, .. 19~.'/; :~ , . ...... Swan to before me this .... S60 Lake View Terrace Box 247 East Marion~ L.I.~ New York 2S October 1967 Southold Town Zoning Board of Appeals Town Office Main Road Southold~ L.I., New York Reference: Appeal No. ll40 of October 26~ 1967 Gentlemen: I wish to register my opposition to the granting of approval of a variance in this case. My reasons for this opposition are as follows. The property in question is of sufficient frontage to satisfy the requirements of the zoning ordinance. The m~jority of the depth of the property in question has been artificially created by a massive dreSging operation in Lake Marion in callous disregard for the ecological balance of the lake. In as much as the bulk of this parcel is c~nposed of fill from the lake~ the question of sewage disposal may pose a serious problem if pollution of the lake is to be avoided. The granti~ of variances for parcels of insufficient frontage held before the adoption of the zoning ordinance in 1959 is reasonable~ however the appellant took title to this parcel subsequent to that time and must hay% or should have been aware of the requirements of the zoning ordinance. The dredging operations in the lake to create the bulk of the depth of this parcel were undertaken before application for a variance was made so that the hardship plea so frequently evoked in situations like this can be said to be self imposed~ and hence not a justifiable consideration. While it is true that most of the houses and cottages in the area are on parcels of less area than that required by the present zoning ordinance~ the character of the area may be a legitimate consideration. However this should be a valid consideration only for those parcels existing before the adoption of the zoning ordinance in order that a house or cottage may be built thereon~ but not necessarily for purposes of subdivision. If the zoning ordinance is to provide any long term benefit to the town this view should obtain or it will degenerate into a mere nuisance formality to be circumvented by the necessary paper work. Page 2 Reference: Appeal No. ll40 of October 26~ 1967 23 October 1967 If this variance is granted it will be made to appear that dredging of the lake to create land for subdivision purposes is a profitable undertaking and could result in Lake M~rion bec~ning merely a source of fill and a serious pollution problem. It should be made clear that this is not to be the case ~nd the best time to establish this principle is the first time it occurs, namely, now. I strongly urge that the Board~ or its Representative~ inspect the site itself to verify the validity of my objections before rendering a decision on this application. Respectfully yours~ Edward F. Pohlig 129 Staples Street Farmingdale, L.I., New York 11735 Oct. 24th 1967. Southold Town Beard of Appeals, Nain Road, Southold, L.I.,N.Y. Gentlemen: Subject: Appeal #ll40. Oct. 26th '67. As owner of very desirable property, water-fronting and overlooking MARION LAKE, I wish to go on record as being definitely opposed to the variance sought in the subject appeal. The zoning as it now stands seems fair to present property owners in the vicinity, most of whom are owners of long record, and should not be changed. Respectfully, E} = CONF.., · '= IRON PII~E .I&Z,' / / / / / / $¢AL.£: 50' = !" - ..