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Home My WebLink About1314 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1314 Dated January 21, 1970 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Joseph & Mary Kirwin Box 43 Pine Tree Road Cutchogue, New York DATE..F~ary 19,197( Appellant at a meeting of the Zoning Board of Appeals on February 19, was considered and the action indicated below was taken on your- ( ) Request for vaTiance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) l~equest for a variance to the Zoning Ordinance ( ) 1970 the appeal 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 .................... of the Zoning Ordinance and the decision of the Building I~spector ( ) be reversed ( ) be confirmed because 7:30 P.M. (E.S.T.), upon application of Jpseph & Mary Kirwin, Box 43, Pine Tree Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article I,II, Section 303, and Article X, Section 1000A, for permission to set off one lot with insufficient frontage on south side of Pine Tree Road. Location of property: Bay Avenue and Pine Tree Road, Cutchogue,, New York, Map No. 1179 Nassau Farms,, Lot No. 's 103, 104, & part of 105. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) ' produce hardship because SEE REVERSE practical difficulties (b) The hardship creafed (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) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ) be denied and FORM ZB4 [~/_~"~ .//~/1~ ~/~ -- ZONING BOARD OF APPEALS e me, Se ,e a, ~~~~ Southold Town Board of Appeals After invgstigation and inspection the Board finds that the applicant requests permission to set off one lot with insufficient frontage on south side of Pine Tree Road. The applicant now has three (3) 70 ft. lots on Bay Avenue. He wishes to re-arrange the lot lines so that he will have 2 lots on Bay Avenue and one lot on Pine Tree Road. He will be improving the three ,(3) 70ft. lots on Bay Avenue into 2 lots with 100' frontage and over, and one lot on Pine Tree Road ~ith 70ft. frontage. This will not change the character of the area. In effect the applicant is re-arranging 3 lots into 3 lots differently located on the same property. The Board agrees with the applicant as to the new division of the property as mapped on survey dated June 13, 1966 by Van Tuyl. 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 will not change the character o~ the district and will observe the spirit of the Ordinance. ~ ..... THEREFORE, IT WAS RESOLVED Joseph & Mary Kirwin, Box 43, Pine Tree Road, Cutchogue, New York, be GRANTED permission to set off one-lot with insufficient frontage on south side of Pine~ Tree Road,, as applied for on property located at Bay Avenue and P~ne Tree Road, Cutchogue, New York, subject to the following conditions: 1. The present living quarters seperate from the main house on the northwesterly lot may not be used as a seperate residence as defined in the Ordinance. 2. There shall be no side yard area variances permitted on the easterly lot. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse. ?ursuant to Section 267 of the Torn Lay and the p~ovisions of the amended Building ~.one Ordinance of the Torn of Southold, Su£folk County, Ney York, hearings rill be held by the Zon~n9 Board of o£ the Torn of Southold, at the Torn O~fl~e, MiLIi Southold, Ne~ York, on Febzuary 19, 1970 on the appeals= 7,30 P.~. ~.S.?.)o u~m &ppl~cetion Nary Klrvin, Bc~ 43, PL~ ~Lcle III, ~L~ 303, fo~ ~mise/on to Bet of~ frontaqe on sou~ s~ of Pine York, ~ No. 1179 Nassau Fa~, ~t No. 's 103, 1~, & ~rt of 105. 7~45 P.M. (E.S.T.), upon application of Mar~tn U. ~lchaels, 67 Paxk Avenue, New York, N.Y. a/c w~11~ Bru~er, 75 H~ry Strut, Br~l~, N.Y. fo~ a v~ In mcco=~nce wl~ ~e Z~ing ~a~nce, Article II~, Se~l~ 307, ~o~ ~ission to build n~ one f~lly Any ~rs~ ~sLr*~ ~o ~ heard on ~e ~ (3) ~F~VZ~ ~ ~TZ~ ~ ~ U, X~lo a/c ~m. ~uck~r S~ ~ AP~ AT ~ ~ NOTICE 0F Pursuant to Section 267 of the Town Law and the prov~sion~ of the amended Building Zone Ordinance of the Town of South- old, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeal~ of the Town of Southold, at the Town Office, Main Road, South- old, New York, on February 19, 1970 on the followtng appeals: 7:30 P. M. (EST), upon appii- c~tion of Joseph and Mary trjr- win, Box 43, Ptne Tree Road, Cutchogue, New York, for a vari- ance tn accordance with the Zon- ing Ordinance, Article ii1, Sec- tlon 303, and Article X, Section 1000A, for permission to set off one lot with insufficient front- age on south side of Pine Tree Road. Location of property: Bay Avenue and Ph~e Tree Road. Cutchogue, New York, lVI~p No. 1179 Nassau Farms, Lot No.'s 103, 104, and part of 105. 7:~t5 P. M. (EST), upon appli- cation of Martin U. Michaels, 6'/ Park A~enue, New York, N. Y. a/c William Bruckner, 75 Henry Street, Brooklyn, N. Y. for a yarhs~ce in accordance with the ZOntng Ordinance, Article Section 307, for ~erraission to build new one family dwelling with reduced sldeyard area. Lo- cation of property: private right- of-way off east side of West Road, ~attituck, New York, bounded north by private road. e~st by W. E. ,Sander, south by Mattituck Creek, west by C. W. Any person desiring to be heard on t~e above applications should appear at the time and place specified. DATED: JANUARY 22, 1970 SOUTHOLD TOWN COUNTY OF SUFFOLK 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 Il'lo notice o[ which the annexed is a printed copy, has been published in said Long Island Zrc~veler-Mattituck Watch- / / /f/' man once each week for ....£[-,/~,;;.~ZL~',.;....L.../.._?.-week7 s~ccessively, commencing.on the ........... ./...~. .................... clay of ........... ~,. F... ~. ..... t9 ? Sworn to before me this ........... .), ....... day of .......... c~, : ........, 19 Notary Public / THE SUFFOLK TIMES LEGAL NOTICE LEGAL NOTICE Notice of Hearings 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 February 19, 1970 on the following appeals: 7:30 P.M. (E.S.T.), upon ap- plication of Joseph and Mary Kirwin, Box 43, Pine Tree Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Sec- lion 1000A, for permission to set off one lot with insufficient frontage on south side of Pine Tree Road. Location of property: Bay Avenue and Pine Tree Road, Culchogue, New York, Map No. 1179 Nassau Farms, Lot No.'s 103, 104, & part of 105. 7:45 P.M. (E.S.T.), upon ap- plication of Martin U. Michaels, 67 Park Avenue, New York, N a;c William Bruckner, 75 Henry Street, Brooklyn, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to build new one family dwelling with reduced sideyard area. Location of property: private right- of- way off east side of West Mill Road, Mattituck, New York, bounded north by private road. easl by W. E. Sander, south by ;UFFOLK, :W YORK, k ss: LEGAL NOTICE Mattituck Creek, west by C. W ~ ~..~.,.~ .nc..,~-...~,.~<.. ..... being duly Sworn, Argentieri. Any person desiring to be heardk.., is Printer and Publisher of the SUFFOLK on the above applications should appear at the time and placeES, o newsp,aper published at Greenport, in sctid specified. DATED: JANUARY 22, 1970 BY ~It the notice, o! which the o_nnexed is a printed ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS l published in the suid Suffolk Weekly Times once in each week, for ..... ~7~..~. ................. week~ APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. I,-~1~ DATE~. h~.. !...~/t~ ~ Name of Appella,n¢ Street and Number ..... ................................................. APPEAL TO ~/' Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF TH~ BUILDING INSPECTOR ON o o ! ..0.. ...... APPLICATION FOR PERMIT ~ .................... .~.....~f, ...... DATED .. ..~. .............. ~..~'.. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~L~.~~~ ................. ~.....~.~.5....). .... Street Use District on Zoning Map ....... ..... Mop ~o. kot ~o. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinanqe b.y number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ()~) 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,~(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 (,/~) for a variance request and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance 117/' ' Form V. B1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 'Fao ~,~uc I'x 'T 0 ~ c,~' ~ ~/~ /~ ~ 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 i ~ ~ ~ ~,J T F~ ~- ,~ oT5 ~c/~; /~- 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DISTRICT because: 13 ¥ ~F-,~ u ~ r ,v & -/-K ~ S ~-~ ~, ~ ~c ~ STATE OF NEW YORK ) COUNTY Sworn to this ................ ~ ............... day of ......... ~ ........... 19 Notary Public / POI~M ~(~. 3 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLDo N. Y. NOTICE OF DISAPPROVAL File No ................................................................ Date ........ Jan. 20 19 70 To Joseph Kirwin Mary Kirwin 3, ~y....A..~/.e ...& ..P~i~.e ...Tr.~'.e..~d ................ .................. ......... ..................... Map PLEASE TAKE NOTICE that your a]~q~]~ dated ..................... ~a.~ ....... ,2...0. ......... 19.~..0... for permit to c~g~t .r.e.~i$.e.. ]_o.t..~J.r~e~t thc premises located at ........... ~ay..Av~ ...... .&..~.ine...T~...~oad~ ............................. Street Cutchogue Map .N...a.?..~..a..u...~i.a.~m..s ............ Block ........... ~ ..................... Lot ..~ .o.~.,...].O~.~....]..~.~. .............. is r~~t~ix~lq disapproved on the followin? grounds .......... N..e...e.g~...~9.a.~.d......o.~....A.~.~.gals ....... a.p.~roval...to..¢ha~g~...f.ror~tag~.....~£...lo~.....Ar.t...I.I~...sec .~0.~..&..Ax.~..X..~ec 1000A