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Home My WebLink About611 i~ONGELLO · THOMAS $611 ~___, .~. ~ - w--e~ ! !S- -l%o-a-d- - Oct. ~__ % 96~_ - La.u_~9~,~ew York ........................... Page 9 _ G~TED ~ermission to reduce front~ard setback ----L-~ ~ ~ l~_~_.~_r k. TOWN 'OF SOUTHOI2O, NI~W YORK ACTION OF TIlE ZONING BOARD 'OF APPEALS Appeal No. 611 Dated October 8, 1963 ACTION OF THE ZONING BO~RJD OF APPEALS OF THE ~OWN OF SOUTHOLD Thomas Mongello To Wells Road and Alto Drive Laurel, New York DATE ..9~9~.~......24, 1963 Appellant at a me.etii,g 0I the Zoning Board ~0f Appeals onThursday, October 24, was eansidered and the action indicated below was taken on yoo:- , I I%equest for variance due to lack of access to property ( ]~ Request for a special ,exception under the Zoning Ordinance ( i Reques~ for a variance to the, Zoning Ordinance ( ) 1963 the appeal ]. SPEC]AL EXCEPTION. By resolution of the Board it %~as determined that a ,special exception (ig) be granted ( ) be denied 9~rsuant to Article ......~.~.~ ........... Section ......~..9~ ......... Subsection ............................ paragraph ........................... of the Zoning ~Ordinance, and th.e decision of l;he Building Inspector (X) be reversed ( ) be confirmed because : ' After investigation md inspection the Board finds that the applicant"s house was placed 33.9 feet from the front property line on Albo Drive rather than 35 feet as required. It is felt this error was made inadvertently, that the sub-contractor unquestionably dis- lodged the markers and failed to replace them in the proper location. The Board agreed with the applicant that it would be an undue and unnecessary hardship to require that the house which has already been constructed be moved back 2 ft. 3 in. to make it conform to the Ordinance. Further, the Board feels that since the applicant is (OVER) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinanoe. (would} (would not) produce practical difficulties or unnec- essary hardship because - - It) The ~ardsl~ip created (is) (is not) unique and (would.) (would no~t)~ be shared by all properties alike in the i~nmediate v~cinity of this property and in the same use district because (c) Thc var!aries (does) (does not) observe the spirit of thc Ordinance and (would) (would not) change the ch,sracter ,of the district becaose and therefore, it was furth,er determined that the requested varia~me ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 Judith T. Boken, Secretary (Continued from front) purchasing adjoining lots on Albo Drive he should be prepared to set any further houses back sufficientlyto compensate for the error and correct the average setback to 35 feet. 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 th~ Ordinance will be observed. Therefore it was RESOLVED that Thomas Mongello be granted permission to reduce the front yard setback on his lot located on the n~rtheast side of Wells Road and Albo Drive to 33.9 feet on Albo Drive. The setback on Wells Road is satisfactory at 37.3 feet. Map by Otto W. Van Tuyl & Son dated September 24, 1963., It is a condition of ~he granting of this special exception that if and when the applicant acquires adjoin- ing property on Albo Drive and builds thereon, that the setback shall be such that the average on tt~ block will be 35 feet minimum. 8:30 P.M. (E.D.S.T.), upon application of Thomas Mongello, Wells Road and Albo Drive, Laurel, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 306, for permission to reduce the fzont yard setback on a corner lot. Location of property: northeast corner of Wells Road and Albo Drive~ Laurel, New York, bounded north by Ida Mongello, east by K. Tuthill, south by Albo Drive, and west by Wells Road. pursuant to Section ~67 of the, Town Law and tTte provisions the Amended Buila~,~_* Zone Or- dinance of the Town of Bouthold Suffolk County, New York, public hearinam w~ll be held by t~he lng Board of Appeals of the Town of Southold at the Town Office, Main P~ad, Southold,,~New York, on Ootobe~ 24, 1963, on the fol- lowing ~ppeals: 7:~0 P.M. (E.D.S.T.)~ .upon plitation ~f ~oh~r~ ~d Angelo Orio, 3,1-74 29th Street, A~toria, New York, l~or a v~e ii1 ac-: corda~ with ~he Z~ng Ordin-I ance, Article LLI, Section 303 ,and. At, tole X, Section ~000A, for per- ~J~s~n to divide a pa~c~l into two 70 f~.~ front lots with insufficient area in e~h lot. Location of l~roporty: we~t side Marlen~ Drive, Laurel, New York, boanded north by Geo~g~ana Moshier, east ~ Marlene Lane, ~outh by Viola . Al~tor, and west ~ l~attituck Park Prol~rtie~ Subdivision. 7:~0 P.M. (E.D~.T.), upon plicati~m of George W. Smith & Sor~s, i~ain Street, Southold, New York, a/c Joseph P. Hoey, 2121 ~ermele Te~rs~e, Brooklyn, New York, for recognition of access in accordance with ~ew York State Town Law, Sectl0~ ~6A. Location of 9roper~y: so~th side private right-of-way, .on ~he east side of ~ H~rbor Lane, Southold, New York, bounded north by private road and Daly, east by A. J. Daly, ~outh by Pecen~c Bay, and by T. F. l~aly, Jr. 7~0 P,M. (E.D~.T.), upon plic~t~on of A. Rsilly & Sons, Inc., Sho~e Acre~, Matt~tuck, New York, a/c Kevh~ l~c~rath, 1.§9~ Metro- politan Avenue, Bronx 62, New York, for reco~n~ion of .access in ~ccorckance with New York ~t~tei Town Law Secti~m 280~. L~cat~nI of !c~o~rty: no~h side privatei r~ht-of-way on the ,e~t side] Tow~ ~arbor Lane, Southold, New y~rk, bounded north by T. F. Daly,! i east by T. F. D~ly, souf~h by pri- v:ate right-of-way, and west by T. F. Daly. 8:00 P.M. (E.D~S.T.), upon plication of Anthony J. Wisow.aty, Main Ro~d, Greenport, i~w York, for a ~ecial exception in accord- ance with the Zoning Ordinance, Article III, Section 306, for per- mission to reduce ~the front yard setback on a corner let. Locaiion of ~roperty: northwest corner of champlin Place ,and Bailey Awe- ue oreenport, New York, `bound-I n ~orth by Arnold G}adding, east' Bailey Avenue. south by Chain- place and west by Rose Fos- S:l.5 P.M. (.E.D.S.T.), Upon ap- plication of David Newton, Deep Hole Drive, .Mattituck, New york, for a variance in :accordance with the Zoning Ordinance, Article section 305 a~d Article X, ~ection l~gA for pormi~siOn to divide property m~. ~ ~ frontage Loca- lot with red~lor~ lion of .property: esot side Deep Hole Drive, i~attituck, New ~Y_..o~k bounded north by James east bY Deep Hole Creek, south Lewh~ ~,arrod, ,and west by Deep Hole ~ Drive. - ,carina of Thomas l~,~m~ello, ~ells Road and Albo Drive, Laurel, N~w York, for a special exception .accordanoe with the Zoning dinance, A~t~cI~ I,II, ,Section $9§, ~ ,setback on a corner loll corner ,of %Ve~ ~"ork bounde~]~ Drive, Laurel, ~ew x , rth by I~a i~ongello, east by ~thill, south ,by Albo Dray.e, STATE OF NEW YORK, ? ss: COUNTY OF SUFFOLK, ....... -~, ~.~ ~.~:~;~....?..~C~.~.~.~,.~v..~. being duly Sworn, says that . .~-~ .... is Printer and Publisher of t_he SUFFOLE TI]VIES, ~ newspaper published at Greenport, in said county; and that ~he n~tice, of which the annexed is a printed copy, h~ been published in the said Suffolk Times once in each week. for . ~t.~ week~ successively commencing on the ........... day of ~{'~ ~.:~.~.:~ ........... 19.~:~ .. S~vorn to before me this .~.~:....~[. ......... day of a~ ~j ~ ~:~ ..... 9:15 P.M. (E.D.$.T.), upgn ap- plication of par~dLse Poin~ Asso- ,c~ation, Inc., for a ~pecial exce,p- tion in :accordance with the Z,on- lng Ordinance, Article III, Section 300, Subsections 8 a~d 10, for per- mission to ereot ,an identification sign .at the entrance~ to Paradise Point on private ~oad, north side of North BayVieW R~ad, Sbuthold New York. Sign is bo be located on Lot 28 in the subdivision of IParadise Point, property of Para- dise Point Associ,ation, Inc. Any person desiring to be heard on the above applications should apoear at the time and place above specified. DATMD: October 10, 1963, By { I Ord~er of tl~e Southold Town i Board of Appeals. 1~018 ~o, 31-74 ~~e v~u S~v~Aon. 7t50 P.~. (E.D.$.T.), u~n mPl~XA~mtXQn of A. Rellly i Sons, ,Lac., t~hore ~¢rem, ~tt:L~uck, HeY ~O~k, I/C ~4Vln ~, Page 2 - Legal ~ M~~ A~, ~r~t, ~ ~, ~n~ ~ Uy ~~ In ~ce wl~ the ~n~ ~d~, ~t~ XXX, a c~ l~. Mt~n of ~ty: n~ ~ of ~lle ~ ~o, ~t by ~. ~,~l, ~ by ~ ~%~, ~ wot ~ 3 - L4gaX ~ Z~ ~d~, ~le ~, SKt~n 300, S~~ 8 t~e So.old ~ B~rd of ~ ~S~ ~, ~ ~, ~3, ~ r~ ~ (9) ~V~ ~ ~%~T~ ~ T~ ~ OF A~, T0~W OY SOUT~OI~), N~W YORK APPLICATION ~ S~ECIAL EXCEPTIO~ APPLICATION NO. DATE _0...~c.t..o...b...e..r......8, 1963 TO '£HE ZONiN,G BOARD OF APPE~J-~, SOUTHOLD, N. Y. Namc street and Number .L..a_u..~.9.~._.~9~n....gf......~9~o~ ...................... State of New York Munici!oality State l~ereby apply to THE ZONING BOAI%D OF APPEA~ for a SPECIAL EXGEI'I'ION in accordance, with the ZO~LNG OR~r~ANCE A~T~CLE 111 SECT~N 306 SUbSeCTiON THE SPECIALFZ~CE~T~ONIS~tEQIEES'rma3I~ECAUSE : the South East corner of t~e foundation was set back 3~.6 feet and the South West Corner 33.9 feet, instead of 35 feet as required by Article ~11 Section 306. The average difference is less than 1 foot on the side of the structure fronting on Albo Drive. This error was not noticed until after the existing one family dwelling was erected.(Copy of survey dated Sept 2~, 1963 is annexed hereto and made a part hereof) There are no oti~er houses on the north side of Albo Drive or the East sid~ of Wells Road. The remaining lots fronting on Albo Drive total 150 feet and your applicant has already contracted to purchase these lots. If additional houses are erected on these lots they will front on Albo Drive. In as much as the existing structure sides on Albo Drive~ the slight difference in the set back will not be noticeable. The present existing structure does not adversely affect the safety, the health~ the welfare, the convenience or order of the Town or surrounding neighborhood. It does in fact enhance the beauty and value of-the-surrounding properties. It would create an unjust hardship and undue financial burden on your applicant if he were compelled to remove this structure mud conform with article III section 306. Your applicant therefore respectfully requests that a Special Exception be granted in this case and that a certificate of Occupancy be issued. STATE OF NEW YORK OOUNT~OF SUFFOLK~ WILLIAM J. CUiNK ,~y Public, State of ~ No. 30-5712500 Qualified in Nassau ~fnly f,e~ F-Nph~ Mwmh 30, FORM ZB2 October 8:1963 Zoning Board of Appeals Office of Town Clerk Southold~ ~.Y. Gentlemen: Enclosed is application for ~pecial Exception and check for $ 5.25. Please apply $ 5.00 toward application Fee and 25¢ for copy of Building Zone Ordinance i~reviously sent to me. Thank you for your attention to this matter: I remain. wjc/mt Very truly yours~ William C. Clark