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'I LEGAL ~OTICE
NOTICE OF HEARING
I Pursuant to Section 267 of the To".. u
: Law and the provisions of the Amended
Building Zone Ordinance of the Town
of Southold. at the Town Clerk of-
public hearings will be held by the
Zoning Board of Appeals of the Town
of 8outhold, at the Town Clerk of-I
fiee, Main Road, Southold, New York, \
on September 13, 1962. on the following t
appeals:
8:00 P. M. iE.D.S.TJ, upon applica-
tion of Irene S. Martin, Old Shipyard
Lane, Southold and Dorothy Long-
~rth. ~u,~~~:~~~:
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the zoainti ~nan""'~~-
tion 303 and Article X. Section 1000A,
for permission to divide property int.o
two lots each containing less frontage:
and area than prescribed by the ordin- I
Mee. Location of property: east side
Bay Avenue, East Marion, New York.
bounded north by Marton Lake, east by
Marion Lake, south by J. Brown, R,nd
, west by BRY Avenue.
8:15 P. M. (E.D.S.TJ, upon applica-
tion of Lewis E. and Grace F. Ray-
mond, ROcky Point Road, East Marion.
New York, for a variance in accord-
I ance with the Zoning Ordinance, Ar-
: tic1e III, Section 300, Subdivision 7
j for permission to erect a detached pri-
1 vate garage in the front yard area of
i property loeated on the west side'
! RockY Point Road, East Marion, New
! York, bounded north by Long Island
sound, east by Rocky Point Road,
south by right-of-way, and west- by
McCann and Raymond.
8:30 p, M. (E.D.S.T.), upon applica-
tion of W. Harry Lister, Fleets Neck.
Cutchogue., for a variance in accord-
ance with the Zoning Ordinance, Ar-
ticle III, Section 303 and Article X.
Section 1000A, for permission to use
property as a separate lot with reduced
frontage. Location of property: south
\ side southern Cross Road, Cutchogue.
New York, bounded north by Southern
l Cl'OSS Road, east by other land of W.
Harry Lister, south by D. Fleet, and:
west by other land of W. Harry Lister, "
8:40 P. M. (E.D.S.T'), upon applica- '
tion of W. Harry Lister, Fleets Neck, i
l cutchogue, New. York, for a variance i
in accordance with the Zoning Ordin- I
ance, Article III, Section 303 and Ar- ~-
ticle X, Section lOOOA, for permission)
to use property as a separate lot with \
reduced frontage. Location of property:
south side southern Cross Road, Cut-
chogue, New York, bounded north by
Southern Cross Road, east by other
land of W. Harry Lister, south by A,
TenEyck, and west by other land of
W. Harry Lister.
8:50 P. M. <E.D.S.T.l, upon applica-
tion of W. Harry Lister, Fleets Neck,
cutchogue, New York, for a variancE' I.
in accordance with the Zoning Ordin-
ance, Article III. Section 303 and Ar-
ticle X, Section lOOOA, for permission
to use property as a separate lot with
reduced frontage. Location of prop-
erty: south side Southern Cross Road,
cutchogue, New York. bounded north
by Southern Cross Road, east by R
Williams. south by N. Weeks and other
land of W. HarrY Lister. and west by
other land of W. Harry Lister.
9:00 P. M. (E.D.S.TJ. UIJOn applica-
tion of Evelyn and William Gunther,
I Sigsbee Road, Mattituck, New "Yotlt tor 1
a variance in accordance with the Zon.
ing Ordinance, Article III, Section 300,
Subdivision 7, for permission to erect a
detached private garage in the front
yard area of property located on. the
east side Sigsbee Road, Mattituck, New,
York, Lot No. 92 on map of Mattituck
Park Properties. Property bOlU1ded
north by E. Gunther, south by F. Tod-
rick, east by W. Gunther and west b~'
Sigsbee Road.
i Any person desiring to be heard on
II the above applications should appea.r I
at the time and pla.ce above specified. '
,DATED: August 30, 1962, By order of
the Southold Town Board of APpeals
COUNTY OF SUFFOLK } ss:
STATE OF NEW YORK
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - MATTITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the natice of which the annexed is a printed copy, has been
published in said Long Island Traveler-Mattituck Watch-
man once each week for '~"<:~(;"ii:',""~,,,,;,,,,.,,,,,;-':-,,, weeks
. I ( ,
successive YI cpmmencing on the .....................~~ '-
day of ...7'..~::...'....,;I::iZ..'1:..,J9.c..~ .................
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................'( ................,.;:..;.>""'.........
Swarn ta before me this day of
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............;.....,....L.C....{..,........ ...... .., '7' ,( (
Notary Public . .. ..v.;..............
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; LEGAL NOTICE
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ii Notice of Hearing
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I Pursuant to 3ection 267 of the Town Law and the provisions
of the Amended Building Zone Ordinance of the Town of Southold,
II Suf folk County, New York, public hearings will be held by the
I Zoning Board of Appeals of the Town of Southold, at the Town
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,I Clerk Office, Main Road, Southold, New York, on September 13, 1962,
I on the following appeals:
I
8:00 P.M. (E.D.S.T.), upon application of Irene S. Martin,
Old Shipyard Lane, Southold and Dorothy Longworth, Rabbit Lane,
East Marion, New York, for a variance in accordance with the
Zoning Ordinance, Article III, Section 303 and Article X, Section
1000A, for permission to divide property into two lots each
containing less frontage and area than prescribed by the Ordinance.
Location of property: east side Bay Avenue, East Marion, New
York, bounded north by Marion Lake, east by Marion Lake, south by
J. Brown, and west by Bay Avenue.
II
I 8: 15 P.M. (E.D. S. T. L upon application of Lewis E. and Grace
F. Raymond, Rocky Point Road, East Marion, New York, for a variance
in accordance with the Zoning Ordinance, Article III, Section 300,
Subdivision 7 for permission to erect a detached private garage
in the front yard area of property located on the west side ROCky
Point Road, East Marion, New York, bounded north by Long Island
Sound, east by Rocky Point Road, south by right-of-way, and west
by McCann and Raymond.
!
I Zoning Ordinance, Article III, Section 303 and Article X, .ection
IrlOOOA, for permission to use property as a separate lot with
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I, Page 2 - Legal l"otice
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II reduced frontage. Location of property: south side Southern
"
II Cross Road, Cutchogue, New York, bounded north by Southern Cross
'I
IIRoad, east by other land of W. Harry Lister, south by D. Fleet,
II and west by other land of W. Harry Lister.
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Ii 8:40 P.M. (E.D.S.T.), upon application of W. Harry Lister,
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I Fleets Neck, Cutchogue, New york, for a variance in accordance with I
e Zoning Ordinance, Article III, Section 303 and Article X, sectiot
1000A, for permission to use property as a separate lot with i
reduced frontage. Location of property: south side Southern
Cross Road, cutchogue, New York, bounded north by Southern Cross
Road, east by other land of Wo Harry Lister, south by A. TenEyck,
and west by other land of W. Harry Lister.
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I Fleets Neck, Cutchogue, New York, for a variance in accordance
8:50 P.M.
(E.D.S.T.), upon application of W. Harry Lister,
with the Zoning Ordinance, Article III, Section 303 and Article X,
Section 1000A, for permission to use property as a separate lot
with reduced frontage. Location of property: south side Southern
Cross Road, CutChogue, New york, bounded north by Southern Cross
Road, east by R. Williams, south by N. Weeks and other land of
W. Harry Lister, and west by other land of W. Harry Lister.
9: 00 P.M. (E.D. S. T.), upon application of Evelyn and William
Gunther, Sigsbee Road, Mattituck, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 300,
II subdivision 7, for permission to erect a detached private garage
I
I in the front yard area of property located on the east side
Sigsbee Road, Mattituck, New York, Lot No. 92 on map of Mattituck
Park properties.
Property bounded north by E. Gunther, south
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II by F. Todrick, east by W. Gunther and west by Sigsbee Road.
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Ilpage 3 - Legal Notice
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" Any person desiring to be heard on the above applications
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DATED: August 30, 1962, By Order of the
Southold Town Board of Appeals.
* * *
PLEASE PUBLISH ONCE, SEPTEMBER 6, 1962, AND FORWARD SEVEN (7)
AFFIDAVITS OF PUBLICATION TO THE BOARD OF APPEALS, SOUTHOLD, N. Y.
* * *
Copies mailed to the following on August 31, 1962:
Dorothy Longworth, ale Martin & Longworth
Lewis E. & Grace F. Raymond
W. Harry Lister
Evelyn & William Gunther
The Long Island Traveler-Mattituck Watchman
}~~SHC:w(~~~~
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TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. !>o.3
DATE .~....!:J!:;'7./'1'U;2
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTH OLD, N. Y.
. ".
1; (We) !BENE. ./i... LlA.RT.lN ............ ........................ of . Qld..Sll1pyliJ:'ll.. .w...~ ..~.W:t.p..9.+.c;I.... ..... .... .... ......
and DORarHY L~awOR\}~~ppellant of Rabbit La:~r'k%n'1ia~~~er
. .
.... '" ........ .... .... ... ...... .... .... ........... ........ ................... ......... ...... ...... ... .................. .HEREBY APPEAL TO
Municipality State
:::L~:A~:: :~:R~::I;:~A.L.~..F.~~.~..~.~.~.. ~.E.~:~:~:~:D ~1!~k.I.8ZiC::~~.~
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WHEREBY THE BUILDING INSPECTOR DENIED TO
........................................................................................
of
Name of Applicant for permit
.................................................................................................................................
Street and Number
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) ZONING VARIANCE
Municipality
State
1. LOCATION OF THE PROPERTY ?..p.!.~ry,~~.~...".~...I?.l;Il..~!~.~.L~~.~..~~~!...~~~..~~..~nd
Street Use District on Zoning Mop
h9.~~.~.~...~.~~"j;.~..~L.~F.~g~..!?v:~!...~:l:~..~~...: Residential A District
Map 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 Ordinance.)
Article III. section "10"1, Article X, Section 1000A
3. TYPE OF APPEAL Appeal is made herewith for
(X) 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. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal lfBX(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 Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
is requested for the reason that premises do not confonn to Article III Section 303 in that
they are less than 100 ft. frontage and 12.500 squa;re feet.
Form ZBl
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHip because the north parcel conveyed to nCRorHY LOOWORrH has a front~e
of 69 ft. and a depthoof approximately 90 ft, bordered on the north and east by
Marion Lake. The 2nd parcel retained by IRENE S. )(ARTIN has a front~e of 60 ft.
lInd depth of apprax1mately 90 ft., bordered on the east by Marion Lake. Summer
homes were constructed on each parcel by the previous O1lIler, Gerald Hanme1, in ap-
proximately 1952. mNE S. l4ARl'IN was forced to cC8lllllllnce foreclosure proceedings,
as mortg@8ee, 1Ihich resul.ted in a deed of conveyance in 1959 in lieu of foreclosure,
for these and a 3rd parcel,'not adjacent. Both hwses suffered hurr1caM damage,
lInd IRENE S. MARTIN did not have the meaIIB or facilities to completely restore them,
particularly the north premises which has r..m..ined in a damaged condition for several
years. IRENE S. I4ARl'IN never intended these premises to be considered other than
separatsly, and has had them listed for sale separately since 1959, and in Yay 1962
sold the north parcel to DORorHY LONGWOR'fH.
The community in East Marion in wlli. ch the premiseslie 1.8 largely a SUlllller co100y
with 25 stDllllll!lr homes in the Rabbit LaM Association area, all non-conforming uses
under the ordinance. North of the Marion Lake bridge on JIq Avenue there are at
least 1.4 non-conforming developed properties as far north as the Rhodos Pavilian, to-
gether w:i.th at least 12 properties an the heights above east Marion Lake, all non-
conforming. In addition, on Bay Avenue there are the Rhodos Pavilian, a residential
hotel with cott~es, and Cozy Cove Cabins, operated by Ziegler UDier permit of this
Board, as well as Crowley'S cabins. There are, therefore, in excess of SO homes
lInd commercial enterprises surrounding these 2 properties, wliich are considerltd non-
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 because
conforming, and to proj!jibit use JSale of the premises as they exist wwld be 1In
extreme hardship, and present practical difficul.ties.
It is noted that when the building zone ordinance was adopted in 1958, Section
1013 excepted 20 filed map properties, two of them being in EalIt Marion, fran the
frant~e, set-back and area requi.rments all set forth in Article III, without however
reoogniz:Lni the more than SO properties already established in this looation, and
thus declaring them nan-conforming uses and subject to the restrictions imposed on
such type of use.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because a variance for these 2 properties would not
change the spirit of the crdinance nor change the chAracter of the district for
the reallons hereinabove set forth.
,lxzUL<~J JeuL
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STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
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... .... .?::.. :.~; .~.:.l'1"s;~~~:~"~ .... ::. .'.:.,(... ..... ... ...
Sworn to this ................2.at.b........................ day of....................A~t,...................... 19 62.
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NOTAR~~n~u2 ;?NGWORTH
..... .No. 'J~;75~~~O~ N.,.. Tod'
,vOU1'.<t ,n N.,,,.-,,,\). C"unh
<:"1' .:.){~;le.^'",...l"lO,li,_:.~
August 14, 1962
Mrs. Irene Martin
Southold, !J.Y.
Dear Mrs Hartin;
I have at hand a copy of a deed dated 11ay 31, 1962
whereby you conveyed part of a lot E/R Bat Ave, East Marion to one
Dorothy Longworth.
Please be advised that this lot is, and the part remaining is
both insufficient frontage and area under the zoning ordinance, Article
III, section 303, and also a violation under Article X, section lOOOA.
Will you kindly take the necessary steps to correct this violation
before August 24th, 1962.
Yours truly
!
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(
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Building Inspector
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MAP OF PROPERTV
.s-URVcvED AJi..?
DORoTHV S. LOVGWORTH
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AT
EAST MARIONNV
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