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TOWN {)lr SOUTHOXD, N~W YOI~K
ACTION OF THE ZONING BOARD OF APPEAI~ DATE
Appeal No. 1218 D~ted October 15, 1968
ACTION OF TH~2 ZO1FIIgG BOAP~D OF APPF~AL8 OF THE TetON O1~ SOIFFHOLD
Inland Homes, Inc. a/c Fred Kittler
432 Middle Road Village Lane
Selden, New Ymrk ~attituck, New York
~.~ 1968
Appellaaut
at a meeth, g 0f the Zoning Board of Appeals on November 21, 1968
v;as considered and the act~n indicated bellow was taken on your
, ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
~( ) l~equest for a variance to th~ Zc~a~g Ordinance
~ )
the appeal
SP~.C]AL EXCEPTION. By resolution of the Board it was determined that a ~pec~al exception ( ) be
g~antad ( ) be d~enled p~r~uant to Article ........................ 8ectica~ ......................... 8~bsection .................... paragraph
............................ of the Zoning Ordinance, a~.d the decision of the l~uildir~ Ir~pect~r ( ) be reversed ( ) be
c~nflrmed because 7:30 P.M.(E.S.T.)~ Upon application of Inland Homes,Inc.,
432 Middle Country Road) Selden, New York, a/c Fred F. ittler, Village
Lane, Mattitnck, New York, for a variance in accordance with the Zo~ling
Ordinance, Article III, Section 307, for permission to construct an
addition to existing building with insufficient side yard. Location
of property: lot #22 Village Manor, east side of Village Lane, Matiituck~
New York, bounded north by Private Road, east by Ruland, south by
McBride, ~est by Village Lane.
2. VARIANCE. By resoluti~x of the Board i% was determined that
(a) S~ri~t application of the Ordinanoe (would) (would not) preduce practical difficulties or unnec-
essary hardship becanse
SEE REVERSE
~b) Tlxe ~ard~dp created (is) (is not) unique a~d (would) (would not) be shared by all l~OPeXties
alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(c) The war:ance (does) (does not) observe the spirit of the Ordinance and (would) (would not)
chan~e %he characber of the district bec~ec
SEE REVERSE
and therefore, It was further detexmined that the requested varia~ce ( ) be gran~l ( ) he denial
and that the pre~ious decisions of t~e Building Inspertcr ( ) ~be confirmed ( ) be reversed.
FORM ZB4
ONIN(~ BOARD OF APP~%I~
Barbara C. Dittmann, Secretary
After investigation and inspection the Board finds that the
applicant requests permission to construct an addition to an
existin9 buildin9 with insufficient side yard. T~e applicant
proposes to add onto the present 9arage. The applicant is the
owner ~f a corner lot and must adhere to a deed restriction cfi
a 50 foot setback from both streets.
The Board finds that strict application of the Ordinance will
produce practical difficulties or unnecessary ~ardship; 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
~ill not change the characterofthe district.~ ' ~
Therefore, it was RESOLVED Inland Homes, Inc., 432 Middle Country
Road, Selden, New York, a/c Fred Kittler, Village Lane,Mattit.uck, New
York, be granted permission to construct an addition to existin9 buildin9
as applied for.
8,00 P.M. (E.I~.S.?.), upon al~t~t~on of Fred
F~ttler, VLll&qe Lane, ~4attAf. uck, He~ York, for &
a~cordance v:Lth the 2on:Llq ~d~M~, AEt~:Lo
proport¥~ Lo~ ~ 22 VLI]~go #Bm:Ir, oeot 8:Ldo of
road, east ]~y Ruland, south ~y ac~Ldo, ~ost by VLtlego
the Stere of ~ York To~n LaM, SeetJ~U ~8~t, Location
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 Novem-
ber 21, 1968, on the following appeals:
7:30 P. M. (EST), upon application
of Inland Homes, Inc,, 43g Middle
Country Road, Selden, New York a/c
Fred Kittler, Village L~ne, Mattituck,
New York, fol' a variance in accordance
with the Zoning Ordinance, Article l
III, Section 307, for permission to con-
struct an addition to existing building
with insufficient side yard. Location of
property: Lot NO. 22 Village Manor,
least side of Village Lane, Mattituck,,
New York, bounded north by private
',road, east by Ruland, south by Mc-
i Bride, west by Village Lane.
7:45 P. M. (EST), upon application
of George W. Smith & Sons, Main
Street, Southold, New York a/c J. E.
Pontana, Chestnut Road, Southold,
New York, for a variance in accord-
ance with the Zoning Ordinance,
i ticle III, Section 305, for permission to
~ construct an addition to existing build-
ing with reduced front yard setback.
i Location of property: corner of Ken-
iney's Road, Southold, New York,
bounded north by Essman and Mc-
' Mullen, east by W. Dickinson, south
by Chestnut Road, west by Kenney's
Road.
8:00 P. M. (EST), upon application
of Phoenix Construction Co., 1531 Pine
Acres Blvd., Bayshore, New York a/c
Jacob Mollick, 120 Meadowbrook Road,
Hempstead, New~ York, for a variance
in accordance with the Zoning Ordi-
nance, Article III, Section 357, for per-
mission to build new one family dweIl-
ling with reduced side yard area. Loca-
i tion of property: east side Westview
Drive, Mattitnsk, New York, bounded
north by R. Kennedy, east by West-
view Drive, south by E. Dennis, west:
by Mattituck Creek.
Any person desiring to be heard °n:
the above applications should appear
at the time and place specified.
DATED: NOVEMBER 7, 1968
BY ORDER OF THE SOUTHOLD
TOWN EOARD OF APPEALS
COUNTY OF SUFFOLK [ ss:
STATE OF NEW YORK
C. Whitney Booth, Jr., being duly sworn, soys
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 notice of which the annexed is o printed copy, has been
published in said Long Island Troveler-Mottituck Watch-
man once each week for ........................................ weeks
successively, commencing on the ........................................
day of ....................................... /~ Ic) .........
Sworn to before me this ....... ./...~..'. ~ay of
...... . .~.~,.¢~.~.~.r~..., ....... , 19/~..,,~.
Notary Publl~
ance in accordance with the Zoning'
Ordinance, Article III, Sectian 307,
for permission to construct an addi-
tion to existing .building with insuf-
ficient side yard. Loca,tion of prop- I.
erty: Lot No. 22 Village Manor, east l
side of Vill,age Lane, Mattituck, New
York, bounded ,north by private
road, ca'st by Ruland, south by Mc-
Bride, west by Village Lane.
7:45 P.M. (E.S.T.), upon applica-
tion of George W. Smith & Sons,.
Main Street, Southold, ~New York.
a/c J. E. Fontana, Che~nut Road,'
Southold, New York, fc~r a variance
in accordan.ce with the Zoning Or-
dinance, Article III, Sectim~ 305, for
permission to construct an addition to
existing building with reduced front
yard setback. Location of property:I
corner of Kenny's Road .ar~fl' Ches~
~ut Road, 'Southoid, New York,'
bounded north by Essman and Mc-
Muilen, east by W. Dickinson, south
by Chesn~t Road, west by Ke,nny's
Road.
8:00 P.M. (E.S.T.), upon applica-
tion of Phoenix Con,s~ruction Co.,
1531 Pine Acres Blvd., Bayshore,
New York ,a/c Jacob Mollick, 120
i-Meadowbrook Road, Hempsteact, New
LEGAL NOTICE ] York ,for a variance in accordance
' ]with the Zoning Ordinance, Article
Notice of Hearings [III, Section 307, for permission to
P~rsuant to ~Section 267 of the/ build aqew one family dwelling with
Town Law and the l~rovisions of the ~ reduced side yard area. Loca,tion of
a,mended ~uilding Zone Ordinance ;I property: east side Westview Drive,
of the Town of Southold, Suffolk, ~/lattituck, New Yark, bounded north
Cour~ty, New York, public hearings t,,by R. Kennedy, east by Westview
will be held by the Zoning Board of ~ Drive, south by E Dennis, west by
Appeals of the Town of Southold, at ! Mattituek Creek.
the Town Office, Main Road, South-
old, New York, on 2govember 21,
1968, on the following appeaL:
7:30 P.M. (E.S.T.), upon applica-
tion of Ir}land Homes Inc., 432 Mid-
dle Corm[fy Road, Selden, ~New
York a/c Fred Kittler, Village Lane,
3/Iattituck, lXlew York, for a vari-
Any persot~ desiring to be heard
an ~[he a,bove alopllc~tions should
appear at the time and place above
~pecifio~.
DA'I~JD: 2q'OVE~MHER 7, 1968, BY
ORDER OF THE SOUTHOLD
TOWN BOAP,~D OF APPEALS
ltN15
COUNTY OF SUFFOLK, I
k ss:
STATE OF NEW YORK, j
...~.~....~..~.. ~ .~..~.-.,?.~,` .f__.~..~c.q .~1 .~. ..... being d
s~s that ..~ is P~inter and Publisher of ~e
WEEKLY TI~ES, a news~per pub~sh~ at Greenp
county~ and [hat the naris, of which the anne~d i
~py, has been published in the ~d Suf~lk We:
once in each week, [or .......... ~ ........
suc~ssively commencing on the ...~~
Sworn to ~Iore me this ..(~.~c.. l
.....- ......
TOWN OF SOu'~'~/OLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No .................................................................. Date ........ October 28
To ...I.~.n...~..a...n...d....H..~m.~..s.....I...n..c~...(...R..~...b..t...~..i..~...t..~..)...~/C Fred K:[ttler
~.32....M~ddle...Oount r.y..]toad .........................
pr,F, ASE TAKE NOTICE that your application dated .............. .0.~.~.......].~. ................. 19...6.8.
for permit to construct ..All..ad. di.t;LOl~ ......... at thc premises located at ...... ~/..~ ....................
Map ......V...i.1...1..a..[~..e... f.~...~..~).r........Block ......... ~1~ ........................ Lot ........... ~.~ ................................. is
disapproved on the fo]lowinF grounds ......
........... Ar.t ..III...s~c...30.~. ..........................................................................................................................
!~]~ NO. 1
TOWN OF SOUTHOLD
BUILDING DEFARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
£xamined ........................................ , 19 ........
^p~roved ........................................ , 19 ........ Permit No .............................
Disapproved a/c ..............................................................................................
^pplicotion No .............. ~ ..............
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date ........ ¢~J~O1~ ' 'J~;~ -'t-J.~ ....... , 19 ............
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building
Inspector.
b Plot plan showing Iocat on of at and of buildings on premises, relationship to adjoining premises or public streets or
areas, and giving a detailed description of layout of property must be drown on the d abram wh ch s port of this app ication.
c. The work, covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the progress of the work.
e. No building sholl be occupied or used in whole or in part for any purpose whatever until o Certificate of Occupancy
shall hove been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations.
.... ..............................................
(Signature of applicant, or name, if a corporation)
(Address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
.............................................................. M~il~e~ ..................................................................................................................
Nome of owner of premises ....... ~e~l..J[tlJ.~XII~.. ...............................................................................................................
If applicant is a corporate, signature of duly authorized o~ficer.
(Name and title of co,orate officer)
1. L~ation of land on which proposed work will be done. Map No.: ....~[[~..~.... Lot No.: ....~ ...............
Stre~ and Number ~...~..~.~[~J.-.~ .................... ~.~.~:t...~ ..................................................
Munici~li~
2. State existing use and occupancy of premises and intended use and occupancy of prop~ construction:
o. Existing use and ~cuponcy ...................................................................................................................................
b. Intended use and ~cupancy ................... J~ ...............................................................................................
3. Nature of work (check which appli~J~e): New Building .................. AdditiaO......Z ....... Alteration ..................
Repair .................. Removal .................. Demolition ......... ,~... Other Work (Describe) ........................................
4. Estimated Cost .... ./.....(~.....T~.........?.... ............................... Fee ";'~"~'"'*i~"l;~"~;~
5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................
If garage, number of cars ................ 3, ..........................................................................................................................
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................
7. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth ....................
Height ........................ Number of Stories ........................................................ ; ............................................. : ..........
Dimensions of same structure with alterations or additions: Front .................................... Rear ............................
Depth ................................ Height ............................ Number of Stories ................................
8. Dimensions of entire new construction: Front ....... /...O. ....................... Rear ..... ~...0. ................ Depth ...~.....~.. ..............
Height .................... Number of Stories ....................... ) ......................................... :~ ..................................................
9. Size of lot: Front ..J...~..O.. ............... Rear ....... -~...~..O. ..... Depth ..... ~....~....~..'.....~.~.. ....
10. Dote of Purchase ........................................................ Nome of Former Owner ........................................................
] 1. Zone or use district Jn which premises are situated .....................................................................................................
12. Does proposed construction, violate Ony_zoning law, ordinance or regu at onP.
13. Name of Owner of premises ..:~.,-~....~ ....... Address ~ ............ ~**~'"~ ..........................
............................................ o etna .....................
Name of Architect .., .................................................. Address ..... Phone No .....................
Name of Contractor ........................ .~..~ ........ Address ..... Phone No. 2...3:..~...:..~...I..~.)
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate
whether interior or corner lot.
STATE OF NEW ¥,ORK, I e e
COUNTY OF_ ......... ,.... ............. ~'...]' ~'~'
................................................................................ being duly sworn, deposes and says that he is the opplicam
(Name of individual sign~4g applicati~)
above named. He is the
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file
this application; that all statements contained in this application are true to the best of his knowledge and belief; and
that the work will be performed in the manner set forth in the opp cation filed therewith.
Swom to befol'e me this ~
.......... day of ........... ........... ' .
Public,~.].[,f~.~'~ra, .~.', 1~..~..7~..~ .......................
Nato ry ................ County .... i~i~'~'~'t~';~' ~¥"~l~l~ii~ ........................
.,A,,o. .................
NOTARY pUBLIC, State of New York
No. 52 3233].20 Suffolk C~u~nty
Term Expires March 30,
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING iNSPECTOR
APPEAL NOi ~/~ / ~"
DATE.0a~b.e_~...l~h.,1968
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, ~).F~ed..~CeJ~le~ ................................... of ..M.J,;~.l~,~...~%I~.~. ............................................
Name of Appellant Street and Number
...~.~.~.:i,~.1~.~; ................................................................... N.~.W...~.0.~, ......... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... 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 ..~..~...p~...~.].~,~..,,T,~o,~ ....................................................
Street Use District on Zoning Mop
Village M.a...n..o..r. , .~.~ ......
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 Ordi.nance.)
Art. _B g~ctinn _BO7
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 Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A S~Jbsection 3
4, PREVIOUS APPEAL A previou's appeal ~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 ......................................................................
( )
(x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
l~ft. from present side yard of 17.~'
~~d to construct a garage 10ft. wide
leaving a side yard of 7.3"
Fora ZB1
(Continue on other side)
REASON FOR APPEAL
O O
Continued
1. STRICT~ APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
' ~ ~ 'sary HARDSHIP because
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
3. The Variance would obsewe the spirit ofthe Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT b~au~
Present side yard is 17.3'
This appeal is made to change
side yard to 7.3' in order to
build a garage l0 ft. wide.
STATE OF NEW YORK )
) SS ....................
COUNTY OF r
Sworn ,o this ....i ....... i.i.~'..~. ................ .~ayo. f ...... ~' ....... '~i ............... 19 ~ ~'
"OT4ey pAelON 4 RE ~l
~arch 30 .~nty