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Home My WebLink About551 L 4-L--A- -)3K TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE _MdYCh ,28, 1963 Appeal No. 551 Dated March 14, 1963 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Jennie A. Horton To Main Road Appellant Cutchogue, New York at a meeting of the Zoning Board sof Appeals on March 28, 1963, Thursday the appeal 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 exception under the Zoning Ordinance X ) Request for a variance to the Zoning Ordinance 1. SPEC3AL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .............................. Section .............................. Subsection ....._...................... paragraph ...........I........... of the Zoning Ordinance, and the decision of the. Building Inspector ( ) be reversed ( ) be confirmed because 7: 45 P.M. (E.S.T. ) , upon application of Jennie A. Horton, Main Road, Cutchogue, ., New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Article X, Section 1000A for permission to set off a lot with 75 ft. frontage and reduced area. Location of property: east side Alvah's Lane, Cutchogue, New York, bounded, north by Mildred Horton, east by Louis T. Verderese, south by other land of Jennie Horton, and west by Alvah's Lane. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because (o) The ,bardslup 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 (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions otthe Building Inspector ( ) be confirmed ( ) be reversed. 190 eats Chaff; 4l �SOatd of AVP L BOARD OF APPEALS FORM ZB4 Judith T. Boken, Secretary (Continued from front) , After investigatinn and inspection the Board finds that the proposed division of this parcel creating a 75 ft. lot would not harm the character of the neighborhood because the lots to the north of this parcel are undersize. The Board wishes to point out, however, that they would not look favorably upon a further subdivision of the remaining property of Jennie Horton on the corner of Main Road and Alvah's Lane. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and would not change the character of the district,. Therefore it was RESOLVED that Jennie A. Horton be granted permission to set off a lot 75 ft. front by 138. 52 in depth on , the north and 137.54 ft. in depth on the south. , Location of property: east side Alvah's Lane, Cutchogue, , New York. - LEGAL NOTICE INbtice of Rearing Pursuant to Section 267 of the STATE OF NEW YORK, 1 COUNTY OF SUFFOLK, } as: Suffolk County, New York, public 1 Town-Law and the the Amended Building Zone - �y`}` C`:ry` `. `.�`�" dmanc of the Town pof Southold, ( � being duly Sworn, I hearings will be held by the Zon- Ing Board of Appeals of the Town I says that (L.-._........ is Printer and Publisher of the SUE'POLK of Southold at the Town Office, Main ,Road, Southold, New York, I TIMES, a newspaper published at Greenport, in said county; Ian the 28th day of March, 1963, and that the notice of which the annexed is a printed copy, on the following appeals: 7:30 P.M. (E.S.T.), upon appli- has been ptthliahed in the said Suffolk Times once in each cation of Joseph Diaz, a/c Nelson Beebe, Wilmarth Avenue, Green- week, for ._.___._ i--- porit, New York, for a special ex- __. -----_G`-a. --.__.._.. .......... weekA ception in accordance with the successively commencing on the ....: Zoning Ordinance, Article III, .� -- Section 306, for permission to re-, day of and: each side Madison Street Sworn to before me this �`�+4 U? �:,. ��.... duce front yard setback to 25 ft. side Avenue Ion a corner lot. Lactation of prop- (Greenport, New York, bounded j-�. t- i y a y day of . .. . ..:.-:C L _....... 19 .5 north b G. Smith, east b Wlll- ham Skrezec, south b Wil=rth Avenue and west by Madison ..... s,::.......__.._...._.... ._.._._..........................._..... ......._._... Street. /Y 7:45 P.M. (MB.T.), upon appli-,i ........-._.. cA ..._.........._._._.................... . ...1...__.-- cation of Jennie A. Horton, Main Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, See- tion IODOA for permission to set off a lot with 75 ft. frontage and reduced area. Location sof prop- erty: east side Alvah's Lane, i Cutchogue,N,. Y., bounded north by Mildred Horton, east by Louis T. Verderese, south by other land of Jennie Horton, and west by Alvah:s Lane. 8:00 P.M. (E.S.TJ, upon appli- cation of Robert J. Wheeler, Bois- Beau Avenue, Southold, New York, for a special exception in accord- anoe with the Zoning Ordinance, 'Section IV, Section 400, Subsection 9, for permission to erect a public garage and automobile service station on the north side Middle -Road (Route 27A), Southold, New York. Property bounded north by H. E. Tuthill, east by Muriel Tait. south by Middle Road (Route 27A), and west by David Driscoll. 8:30 P.M. (E.S.TJ, upon appli- cation of Basil D'Emo, Commis-I sioner, a/c of the Cutchogue-New Suffolk Park District, Nassau Point Road, Cutchogue, for a spe- cial exception in accordance with the Zoning Ordinance, Article III, Section 306, forpermission to re- duce front setback on a corner to 15 ft. on each street. Location of property: south side Bay Avenue] f and east side (Nassau Point Road,; Cutchogue, New York, known as "Causeway Beach." Any person desiring to be heard on the above applications should appear at the time and place above specified. DATED: March 14, 1983, By Or- der of the Southold Town Board of Appeals. ltM22j LEGAL NOTICE Notice of Hearing 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 Southold, at the Town Office, Main Road, Southold, New York, on the 28th day of March, 1963, on the following appeals: 7% 30 P.M. (E.S.T. ) , upon application ofibseph Diaz, a/c Nelson Beebe, Wilmarth Avenue, Greenport, New York, for a special exception in accordance with the zoning Ordinance, Article III, Section 306, for permission to reduce front yard setback. to 25 ft. on a corner lot. Location of property% north side Wilmarth Avenue and east side Madison Street, is Greenport, New York, bounded north by G. Smith, east by William Skrezec, south by Wilmarth Avenue and west by Madison Street. ;I 7s45 P.M. (E.S.T. ) , upon application of Jennie A. Horton, Main Road, cutchogue, New York, for a variance in accordance fi with the Zoning Ordinance, Article III, Section 303 and Article X, section 1000A for permission to set off a lot with 73 ft. frontage and reduced area. Location of property% east side Alvah% Lane, cutchogue, New York, bounded north by Mildred Horton, east by Louis T. Verderese, south by other land of Jennie Horton, and west by Alvah' s Lane. 8% 00 P.M. (E.S.T. ) , upon application of Robert J. WheelerA Boisseau Avenue, Southold, New York, for a special exception in accordance with the zoning Ordinance, Article IV, Section 400, Subsection 9, for permission to erect a public garage Page 2 - Legal Notice and automobile service station on the north side Middle Road (Route 27A) , Southold, New York. Property bounded north by H. E. Tuthill, east by Muriel Tait, south by Middle Road (Route 27A) , and west by David Driscoll. 8: 30 P.M. (E.S. T. ) , upon application of Basil D'Emo, Commissioner, a/c of the Cutchogue-New Suffolk Park District, Nassau Point Road, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 306, for permission to reduce front yard setback on a corner to 15 ft. on each street. Location of property: south side Bay Avenue and east side Nassau Point Road, Cutchogue, New York, known as "Causeway Beach. " Any person desiring to be heard on the above applications '' should appear at the time and place above specified. DATED: March 14, 19630 By order of the Southold Town Board of Appeals. r r a PUBLISH ONCE, MARCH 22, 1963 AND FORWARD FIVE (5) AFFIDAVITS OF PUBLICATION To THE BOARD OF APPEALS, SOUTHOLD, NEW YORK. • w t Copies mailed to the following on March 15, 1963: The Suffolk Times The Long Island Traveler-Mattituck Watchman Nelson Beebe William Wickham, a/c Jennie A. Horton Robert J. Wheeler Basil D'Emo, a/c Cutchogue-New Suffolk Park District SCM-Ous SRO= APPEAR AT TiRR HBARINB FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. BOTICE OF DISAPPROVAL File No. -......... ....... .... ........ .. __ ....... Date ........ ......... MQTCh .._14................... 19.61 To M....Wiekham_ A/C...Jennie... ....Horton ......... . ......Kat.t ituck. .... ... ............_ ................. .................. .. .. . ............... ........ . ..I.... .. .................... PLEASE TAKE NOTICE that your application dated ............March.....13................ 19_63. for permit to XOUWW e..d vide lot- - at the premises located at ...E/.S..Alvah!a...La _..................... .............................................. .Street Cutchogue, N.Y. Map ......... .X7=. ........_.. ....... .Block ....... .......4XXX ....... . ... . Lot ._ ..... .._.XXXX... .... ............... is disapproved on the following* ground. .....SnSufficlent frontage A..ar.ea...... ........Art. I'S_Beet_.3.03..&..Art..X ..S.eat...1000A.... ... ..... ...... ..... .. ............... ........................................... ...... .. ............... ................ _....... ... .--. .. . . ........... . _....... .... ... ._................ ...... ........... . ............................. ..... ........ ...... ............I........ ... ...._ .. ..........__.............. .......... .. ... ........ ........... .... N�,j Buildings nspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 5/ DATE ............................ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, MW ......Jennia..A,..Aortctm....................of ......Haim.. toad................................................ Name of Appellant Street and Number .............auto) om......................................................... NO.W.19ft.... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIN INSP TOR ON APPLICATION FOR PERMIT NO........................ ..... DATED .......... . . �. ..� ............ WHEREBY THE BUILDING INSPECTOR DENIED TO ........... ...................................... Name of Applicant for permit of ....r7. ..t�..Rid......................�il�tjiS�GBLIo......................ti'T.RTet..X.QrkC................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PE T FOR OCCUPANCY 1. LOCATION OF THE PROPERTY.......rWM..i..151dQr.s_A1A.Rh!w..Ta.AR3@...................................... Street Use District on Zoning Map Xk a.....ZQM�..A.....RmaidfAAtU1. 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.) Artiste III 9sptienQ3_ _�r7 �c 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 XbW (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 andwas made in Appeal No. .................... ...........Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is renested for the reason that I have entered into a ooatraat With Dorothy X, verderese for the sale of this pa"elt subjeat to the neoeeeary variances being granted by the Board of APP8812# (Continue on other side) Form ZB1 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because this In a section where the netAbboring pareels ars oemparable in size. - The one to the immedtatte no having a 70 loot frontage, end two across the street having an 80 foot frontage. 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 because the parcels referred to Were �arfn g d �aimproved prior to 'Wore enac tment of the Southold TOM 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because as stated abotr3, immediate parcels arca Of a 0ORIP& able size. It is the intention, 8180, of the purchaser to build a small cottage on the premises for the retirement home of the mother and tater of Dr. Louis Verdarese. This would be keeping, both as to size and ohara.cter, with those in the neighborhood. STATE OF NEW YORK ) 11 /' ) ss lS�r.. .. .. ....... COUNTY OFSUffGlk ) Si nature Sworn to this.................. I..........................day of......March.................................19 n Notary Public -fi iN.WYfjEt!� LAW OFFICES WILLIAM WICKHAM MATTITUCK, LONG ISLAND NEW YORK MATT. 9-6353 March 26, 1963 Mr. Howard M. Terry Board of Appeals Town of Southold Southold, New York Re: Jennie Horton Dear Mr. Terry: Enclosed find print of survey on the above showing a 12 story frame house and shed. Very cordially yours, WW:b is encl. J March 15, 1963 William Wickham, Esq. Mattituck, New York Dear Mr. Wickham: Please furnish the Board of Appeals with a survey plot plan showing the exact location of all existing buildings on the property of Jennie A. Horton, Main Road and Alvah's Lane, Cutchogue, New York. Very truly yours, Judith T. Boken, Secretary LAW OFFICES WILLIAM WICKHAM MATTITUCK, LONG ISLAND NEW YORK MATT. 9-8353 March 13, 1963 Mr. Howard M. Terry Building Inspector Town of Southold Southold, New York Dear Mr. Terry: We enclose aplication for a Building Permit together with our check for 5.00. If there are any questions, please do not hesitate to get in touch with us. Very cordially yours, WW:bts encl. 'G��z-sirnJ C'L%r��-1Uc�r�L� Cutchoue, New York March T3, 1963 Mr. Howard M. Terry Building Inspector Town of Southold Southold, New York Dear Mr. Terry: I have contracted to sell a parcel of land on the east side of Alvah' s Lane, Cutchogue, New York, to Dorothy K. Verderese . The parcel Is 75 feet on Alvah' s Lane by approximately 138 feet in depth adjoining land of Mildred Horton. A map is enclosed showing this parcel and the remainder owned by me. The contract is subject to a variance and building permit being obtained. This application is made to you for the purpose of securing a building permit. Very truly yours, encl. � , ✓/ )t.,.. ya� fes' 1 Y � , �'. 4 �� , . �� o,�;, ,� �� 1' (�� 5� ' \,1, a Y v .7fi, _ F �� fin, k .— tiV^u- •i {� * �� J: 1 rIL re Ig' 44. �+ f MAP or LAND OF t V1 JENN1E HOr.-<-cm >Z AT � 3 $ � CUTCHGGL;E J TOWN OF SOU-rHO1_D N.Y. o � 13T.4 O = ttiarsN.�+��.t t W . i ry r! p'p= M A I N QOAo � qqP f - �' OttoV�..yV,-*H Tuuf 5� + 1 I S�dp -.,. L��GCHSCc� LUru irvey. v'S i - - 6rBeMport, htrw '.�ov Ic