HomeMy WebLinkAbout613
TOWN 'OF SOUTHOID, NEW YORK
ACTION OF TTIF ZONING BOARD OF APPEALS DATIP9:.O Y ,24, 1963
Appeal No. 613 Dated October 10, 1963
ACTIUN OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Johanna and Angelo Orio Appellant
31-74 29th Street
Astoria, New York
at a meeting of the Zoning Board of Appeals on Thursday, October 24, 1963
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 specialexception under the Zoning Ordinance
i X) Reques', for a variance to they Zoning Ordinance
1. SPECIAL 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: 30 P.M. (E.D.S.T. ) , upon application of Johanna and Angelo
Orio, 31-74 29th Street, Astoria, New York, for a variance in accord-
ance with the Zoning Ordnance, Article III, Section 303 and Article X,
Section 1000A, for permission to divide a parcel into two 75 ft. front
lots, with insufficient area in each lot. Location of property: west
side Marlene Drive, Laurel, New York, bounded north by Georgiana Moshier,
east by Marlene Lane, south by Viola M. Alster, and west by Mattituck
Park Properties Subdivision.
* * *
2. VARTANCE. 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
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) (would not)
change the character sof the district because
SEE REVERSE
and 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.
APPROVED ,_
- 'ING BOARD OF APPEAT
FORM ZB4
Ghia W Judith T. Boken, Secretary
(Continued from front)
After investigation and inspection the Board finds
that the applicants have a parcel 150 ft. on Marlene Lane
by 145 feet in depth. They originally purchased the
property in two parcels in 1962 thinking they had two
individual lots. The southerly 75 ft. has a dwelling
and detached garage, located thereon. This are was laid
out in 75 ft. lots originally but was not a filed map.
Most of the parcels are still held and built upon as
75 ft. lots.
The Board finds that strict application of the Ordinance
will produce practical difficulties or unnecessary hardship;
the hardship creates is unique and would not be shared by
all properties alike in the immediate vicinity of this
property and in the same use district; the variance does
observe the spirit of the Ordinance and will not change
the character of the district.
Thereforeit was RESOLVED that Johanna and Angelo Orio
be granted permission to divide their' 150 ft. lot located
on the west side Marlene Drive, Laurel, New York, into two
75 ft. lots. The area in each lot is 10,875 sq: ft.
It is a condition, of the granting of 'this variance
that the Board will be unwilling to grant side yard variances
on either of these lots since they are undersized.
LEGAL NO'l'lCE
NoUee of BearinC
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone Or-
dltlance of the Town of Southold
Suffolk County, New York, public
hearings will be held by the Zon-
Ing Board of Appeals of the Town
of Southold at the Town Ottice,
Main Road, Southold, ")lew York,
on October :14, 1963, ~:!ithe fol-
lowing appeals:
7:30 P.M. (E.D.B.T.),3upon ap-
pllca.tion of IT ohanna .and Angelo
Orlo, 3.1-74 ,2Ilth Street, Astoria,
New York, for a vari8lllce inac-
cordance with the Zoning Ordin-
ance' Article III, Section 303 and
Article X, Section 1000A, for per-
mission 'to divide a PB.lX:.e1 into two
75 ~t. front lots with IriSlifficient
area in each lot. Location of
property: west side Marlene Drive,
Laurel, New York, bounded north
by Goo!1gia.na Moshler, east by
Marlene Lane, south by Viola M.
Alster, and west by Mattituck
Park Properties Subdivision.
7:40 P.M. (E.D.8.T.)L upon .,p-
plication of Goorge W. Smlith &
Sam, Main street, Southold, New
York, ale Joseph P. ""',0.2121 Al-
bermele Tel1Ta,ce, Brooklyn, New
York, for recognitlon.ol'iIcooss In
acoordance with New York Sta,te
Town La"" Section $IA. Location
of propel1ty: SOUth side private
right-of-way, on ithe east side of
'I1own Harbor La,ne, SOuthold, New '
York, bounded north by private
road and Daly, east by A. J. Daly,
south by Peconic Bay, and west
by T. F. Daly, Jr.
7.50 P.M. (E,D.S.T.), upon ap-
,plication of A. Reilly & Sam, Inc.,
aha.e Acres, 1iI:a.ttltuck, New York,
ale Kevin McGrath, 1690 Metro-
polita,n Avenue, Bronx 62, New
York, for recogn~tion of .access in
accor<la.nce with New York state
Town Law Section ,28M. IJOOatlon
of pl'QIlerty: nol1th side private
right-of-way OIl the east side
Town Harbor Lane, Southold, New
York bounded north by T. F. Daly,
east 'by T. F. Daly, south by pri-
'vate right-of-way, and west by T.
F. Daly.
8:00 P.M. (E.DS.T.), upon ..,p-
plication of Anthony iJ., Wisow.aty"
Main Rood, G.oonpol1t, ,New york'l
for a special ,exception in ,accord-
ance with the Zoning Ordinanoe"
Article III, Section 306, for per-,
miss.rion to reduce Ithe front yard
setback on a 'Corner lot. Locati,on
of proper,ty: northwest corner of
Champlin Place land Bailey Ave-
, nue Greenport" New York, bound-
ed {,orth by Arnold Gladding, east
I by Bailey Avenue. south by Cham-
. plin Place and west by Rose Fios-
ter.
8:15 P.M. CE.L 3.T.!, upon ap-
plication of Da~.ld Newton, Deep
'Hole Drive, 'Mattituck, New York,
fior a vari.ance in :oooordance with
'the Zoning Ordin",nce, Article ~II,
Section 303 Mld. Article X, SectI'On
. lOOOA, for permissi'On to diVide.
. property into two lots leaving 'One
lot with reduced frontage. Loca-
.tlonof pr'Opel1ty: eaat 8lde Deep
Hole Drive, Mattituck, New York,
bounded north. by James Rie1dy,
east 'by Deep Hole Creek, south by
Lewis Harrod, and west by Deep
Hole Drive. .
8:30 P.M. (E.D.S.T.!, upon 'appl1-
,cation of Thomas Mongello, Wells
Road and Albo Drive, Laurel, New
York, for a special exception III
aCCQrdance with the Zoning Or-
dinance, A.tlcle lII, ,Section 3M,
f'Or permission ,to reduce the f.ont
.yard .setback on .a ,Corner lot. Lo-
"ation of property: northeast
corner 'Of Wel.. Road and Alba
Drive Laurel, iNlew York, bounded I.
north by Ida Mongello, east .by K. r
Tuthill, south ,by ,AlbO Drive, and!
west by Wiens Road. ,
9'00 P,M. E.D.S.T.!, up'On ap-\
_,,_._....,~_ ~.~ ~Ir_ ........~ 1\."'""<,, /11"'-""",,+
STATE OF NEW YORK,
COUNTY O~' SUFFOLK,
1
~ ss:
J
. 7. ...*n~<'~~rK'i:t,""'h~."t"~~"'h:"':':'"'' being duly Sworn,
says that ... J............ is Printer and Publisher of the SU]'];'OLK
TIMES, a newspaper published at Greenport, in said county;
and that the notice, of which the annexed is a printe,l c'Opy,
has been published in the said SuffQlk Times 'Once in each
week. for .......n........... ..n./~:J.4... weekS,
......u,.g_;_~.; ~r.~\o.j:;~-~-
19fe.L.. '
successIvely commencing on the
day ofCC,- (,4,',..>-:..
~;'__:'\S>.";:'~...:I.~~~-:\. :::....~::,;~.L~'~_\.\.~.~. .\.\.._ ..
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Sworn to before me this . A 1<:"..1. '
day 'Of .
U,".C,,'::i~,~u 19(,3. i
... .u...u\:;/<u..uu.mu......
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(:OI\\._lliNSiol1 f'ipjrt~;o; !\11l1\"ll,IU 11)6. I{
wes~ Py vvr.::'lJlS ,n,va...... -,
9:00 PM. E.D.S.T.l, upon ap-'
pliollJtlon of Mr. ,o.nd Mrs. Albert!
H. Gordon, .oceanic Avenue, Fish-1
'ers ~~nd. New York, for a v.ari- i
ance in acoordance with ,the zon-'
ing 6rCliM.nce, Article ro, Section
300. subsection 7, for permission I
to ,erect a private d.etached garRlge
in the front yard area. Location
of property: junction of Halcyon
and Ocearuc Avenues, Fishers Is-
land, New Y.ork, bounded nol."lth by
Midlcithian Avenue, east by David
Wilmerding, south by Halcyon
Avenu.eand :()oeaID'C Avenue, and
west by Halcyon Avenue.
9:15 P.M. (E.D.S.T.l, upon ap..
plioation of Paradise Point Asso-I
,ciation, Inc., for a tSPElcia1 le!Xcep~ 1
tion in ;aocordance with the Z,on. i
ing ,ordlnaIllCe, Article HI, section',
300, Subsections 8 and 10, for 1'.er-
mission to -erect ,an identification,
isign ,at the -entrance' to Paradise
Paint on tpriViate :road, north side'
of North Bayview Road, Sbuthold,
New York. Sign is to be locllJted
an Lot 28 in the subdivision of
Paradise point, property of Para-
dise point AssociatiQn, l.,nc.
Any person desiring to be heard
! on the above applications should
aTJpear at the time and place
above specified.
DATElD: october 10, 1963, By .
,order of the Southold Town I
Board of APpeals. H018 I
- ...____._ .1
LEGAL NOTICE
Notice of Hea.ing
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 October 24, 1963,
on the following appeals:
7:30 P.M. (E.D.S.T.), upon application of Johanna and Angelo
Orio, 31-74 29th Street, Astoria, New York, for a variance in
Ii
"
"
ii
II
'I
I:
,I
'I
accordance with the Zoning' Ordinance, Article III, Section 303
and Article X, Section 1000A. for permission to divide a parcel
Ii
II
II
II Location of property:
into two 75 ft. front lots with insufficient area in each lot.
west side Marlene Drive, Laurel, New
York, bounded north by Georgiana Moshier, east by Marlene Lane,
south by Viola M. Alster, and west by Mattituck Park Properties
Subdivision.
7:40 P.M. (E.D.S.T.), upon application of George W. Smith
& Sons, Main Street, southold, New York, alc Joseph P. Hoey,
2121 Albermele Terrace, Brooklyn, New York, for recognition of
access in accordance with New York State Town LaW, Section 280A.
i:
i:
Ii
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,
il
11
Location of property: south side private right-of-way, on the
east side of Town Harbor Lane, Southold, New York, bounded north
by private road and Daly, east by A. J. Daly, south by Peconic
Bay, and west by T. F. Daly, Jr.
7:50 P.M. (E.D.S.T.), upon application of A. Reilly a Sons,
Inc., Shore Acres, Mattituck, New York, alc KeVin MCGrath,
1690 Metropolitan Avenue, Bronx 62, New York, for recognition
of access in accordance with New York State TOWn Law Section
Page 2 - Legal Notice
280A. Location of property: north side private right-of-way
on the east side Town Harbor Lane, southold, New York, bounded
north by T. F. Daly, east by T. F. Daly, south by private
right-of-way, and west by T. F. Daly.
8:00 P.M. (E.D.S.T.), upon application of Anthony J.
Wisowaty, Main Road, Greenport, New York, for a special exception
in accordance with the Zoning Ordinance, Article III, Section
306, for permission to reduce the front yard setback on a corner
lot. Location of property: northwest corner of Champlin place
and Bailey Avenue, Greenport, New York, bounded north by Arnold
Gladding, east by Bailey Avenue, south by Champlin place and
west by Rose Foster.
8:15 P.M. (E.D.S.T.), upon application of David Newton,
Deep Hole Drive, Mattituck, New York, for a ~ar'ance in accord-
ance with the Zoning Ordinance, Article III, Section 303 and
,
'i
II Article X, Section lOOOA,. for permission to divide property into
two lots leaving one lot with reduced frontage. Location of
property: east side Dee!p Hole! Drive, Mattituck, New York,
bounded north by James Reidy, east by Deep Hole Creek, south
by Lewis Harrod, and west by Deep Hole Drive.
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 front yard setback on
a corner lot. Location of property: northeast corner of Wells
Road and Albo Dri""e, Laurel, N_ york,. bounded north by
Ida Mongello, east by K. Tuthill,. south by Albo Drive, and west
by wells Road.
Page 3 - Legal Notice
9: 00 P.M. (E.D.S. T.), upon applicat:Lon of Mr. and Mrs.
Albert H. Gordon, Oceanic Avenue, Fishers Island, New York, for
a variance in accordance with the Zoning ordinance, Article
III, Section 300, Subsection 7, for permission to erect a privat~
detached garage in the front yard area. Location of property:
junction of Halcyon and Oceanic Avenues, Fishers Island, New
York, bounded north by Midlothian Avenue, east by David
Wilmerding, south by Halcyon Avenue and OCeanic Avenue, and
west by Halcyon Avenue.
9:15 P.M. (E.D.S.T.), upon application of Paradise Point
ASsociation, Inc.. for a special exception in accordance with
the zoning ordinance, Article III, Section 300, Subsections 8
and 10, for permission to erect an identification sign at the
entrance to paradise Point on private road, north side of North
Bayview Road, Southold, New York. Sign is to be located on
Lot 28 in the subdivision of Paradise point, property of paradis~
Point Association, Inc.
Any person desiring to be heard on the above applications
should appear at the time and place above specified.
DATED: october 10, 1963, By order of
the Southold Town Board of Appeals.
* * *
PLEASE PUBLISH ONCE, OCTOBER 18. 1963, AND FORWARD NINE {9}
AFFIDAVITS OF PUBLICATION TO THE BOARD OF APPEALS, SOUTHOLD,NY.
* * *
copies mailed to the following on october 11, 1963:
The suffolk Times The Long Island Traveler
Johanna & Angelo Orio Anthony J. Wisowaty
G. W. Smith & Sons ale Joseph P.Hoey
A. Reilly & Son, alc Kevin MCGrath
William WiCkham. ale David Newton
William J. Clark, ale Thomas Mongello
Fishers Island Farms, ale Mr. & Mrs. Albert GOrdon
paradise Point Association, Inc. - J. H. Schutte
.~~~~~
FORM ~O. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
FileNo. .PP.....PPP.. PPP..P..P..P.....P......... Date ...........QC],.. .../ ..0............. 19..6.3
To .lrN..G.~.I...o..IJ()h ~.NN.A......O.121 D
......3 f.~... 71;f......pp..OL...1.. ~~...~.:..........
p..AS..T .0. fJ-..\..A. .pG,j'P" ..../k..fd. Yo 11- ~
PLEASE TAKE NOTICE that your application dated P..... P~"" ..1..o..P'" 19....~~
for permit to I'ono>,.",'t J)1.V.J.DE .h..<;l.T..... at the premises located at ..M.A Isb..I.JVf... L ^.
......P.............P......................P..........P.... Street /l{ A T T I Tv c...K::.. IVr
Map ......... ..~....),....... ......Block ....... .X-...'f:.,..... '..p'" ... Lot ... .XA.......... ......... ............ is
..~tn,.n"n h""o",;th onn disapproved on the followirw ground': ...pW.oJ.lL.l:>....H./!...'v.c:.........
itJ. ..~.v..)= ..\:..1.. -c.-. t..\,;"":'N..T.... ..f'f...().w..1. A.G.~...... IN..... .~^.c.. .h..... ..1-.u.Tr..p
4.../.t1/S.0.Pf.J.LJ,C.foJ.l...p!4.E c...A....I/'!. ?,A..c"..h.....t".\ll..,p.p....... .......................
.~.j]J......Se'- .]0..3. ...P~..~~..St..k.. Io...QQp.f'3:: ........p..
J~ ~-
........ .J..P ...........~... 'ppp ~............
Building Inspect~~..... "'f
r0~
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. (p /3
DATE .....(,.q,4:~.J......
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
~ (We) 1ii f.f 1.1'<<'<<'& ...f... .IJ.!KJi.f../;-,g... Ol~lo.'... of .~.I.~.7...'i... ..i!-.q .~~...S..(1.;.:f..{:;L........................
Name of Appellant Street and Number
............ ...Il.J.T!)' .€c..I.B..... ............................ ........ ............
Municipality
1.l(f:.':Y.'..fi.~I!;:.HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED .....O.t:V....\.D...J:q.b}.....
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant far permit
of
.....St~~~t.~~d..N~~b~;... ................ ... "MC~'i~'ip~iity"" ........... .....St~t~.. ..... ... .............
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(~I/ '.
/0 lJ!V!1)C fAeC.EL /#70 Tn/o SE,o,4/cATE Jors
1. LOCATION OF THE PROPERTY nAl?,/,..f?'/..t[,...ll.R.!.Y...r...CfI.i..'!.If:..f.?J.....f.I..:'..ff.S-!.<.i:.f.!!:..t!.&J.
Street Use District on Zoning Map
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 777: SECT/oil/' .304 fJt<..nc.LE Y S'EC/(O/l/ /0<'1011
/ ' ,
3. TYPE OF APPEAL Appeal is made herewith for
(v( A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (l_) (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
( ~. A Variance to the Zoning Ordinance
( )
is requested for the reason that w..e. ~ ~ ;t; ~ ~ ~
~ ~ r1-~-r(U,-4L- /~,
Form ZBl
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
saryHARDSHIPbecause ~ -'-~ ~ ~ ~~ ~~
G~U~ ~~ in..{).~-zi-~~~.
~w-e-~~~/'~~~
"0v-€-. c~ .J~ 0Yv /-:tL ~ ~ c>Jt. ~ ..L,7::A'
~ / cv'v p.-l.L;J.. &I ;f _~v_
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 ~ ~ ~ <7J.-t..-- ~
t~ ~ cz-- ?~. M ~, CL<l.--.' . ~
~ ~ ~?J ~ri- ~ t7'-' ?S"- ....f.l? ~ (j fu.e.. ~
;de ~~. ~. ~L /-~ ~ jU-~ -f~ ~
r~...' ~~ ~ ~~~~
~~~~.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because /)1 ~ g ~ ~ a....- ~~
'Lc~A9- ~ ci ~ ~ tVU- ~ 7 S-, f-v4 ~~
Cu.v ~ O-ft4-~An-LQJ- J~/v~' I --'
() o-d (:!)/l-<<) .
STATE OF N~ YORK \ ss a..~~..~......................
COUNTY OF -.>6-th1l<- ) ;{ Signature
Sworn to this ......./4.../t{....................... day Of............{!)~f::.~............. l~
........!JDb........ ..
I\lq~y~~ ic
tiOTARY PUBLIC. e of New Yo"
No. 52 1 57550
Residing in S'uflolk County
COmmis'slOfI Expires March 30, 1965