HomeMy WebLinkAbout1461
c 0
TOWN OF SOUTHOLD. NEW YORK DATE ..s~J;l.:t......30, 1971
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1461
Da~ September 8, 1971
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Alice M. Burden
Private Rd. off Nls Village Lane
Orient, New York
Appellant
at a meeting of the Zoning Board of Appeals on September 30, 1971
was considered and the action indicated below was taken on your
( ) Request for variance due- to lack of access to property
( ) Request for a speci~l exception under the Zo:ning Ordinance
(X) Request for a variance to the Zoning Ordinance
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 Inspector ( ) be reversed ( ). be
confirmed because
7:30 P.M. (E.D.S.T.), upon application of Alice M. Burden, Orient,
New York, for a varianoe in acoordance with the Zoning Ordinance,
Article III, Section 303, and Article X, Section 1000A, fQr
permission to divide property and oreate lots with less than
100 ft. frontage and one lot with less than 12,500 sq. ft. of area.
Location of property: north side of private road off west side of
Village Lane, Orient, New York, bounded north by G. R. Latham,
Wm. H. Broderick, east by Spencer Terry, D. Dorman 6: Others, south
by Orient Harbor, west by A. Kn~x. Fee paid- $5.00.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance -(would) (would not) produce practical difficulties or unnecessary
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 of the district because
SEE REVERSE
and therefo.e. It was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be conIlrmed ( ) be reversed.
FORM ZB4
SEE REVERSE
d-J/-1 i
IP .~-
-~-. ...' I. ~~ yt' '--: ZONING BOARD ~F APPEALS
/'\~t / \\~ ---74/' ~ p" .~
f ./ ' )r-' 'tI'Cf ~""~, /11' <!D!J2.'t&M cf
,~It' ROVED Marjorie McDermott, Secretary,
Southold Town Board of Appeals
:J~ St), JQ7J'
C airman Board of A#Y'.I~
Q
6
After investigation and inspection the Board finds that
applicant requests permission to divide property and create
lots with less than 100 ft. frontage and one lot with less
than 12.500 sq. ft. of area on property located north side of
private road off west side of Village Lane. Orient. New York.
The Board also finds that applicant has contracted to sell
(subject to obtaining variance) the southerly 55 feet of
premises and requires a variance to divide the premises. The
parcel has an area of approximately 11.000 square feet. A
private read extends along the waterfront affording access to
Village Lane. The portion proposed to be sold will be of the
same size as many of the lots in the vicinity. The Board is
in agreement with the reasoning of the applicant.
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 iothe same use district; and the variance will not change.
the charac~er ,of the neighborho~d. and will observe the spirit
of the Ordinance.
THEREFORE rr WAS RESOLVED. Alice M. Burden. Private road
off N/s Village Lane. Orient. New York. be GRANTED permission to
divide property and create lots with less than 100 ft. frontage
and one lot with less than 12.500 sq. ft. of area on property
located on north side of private road off west side of/Village
Lane. Orient. New York. subject to the following conditions:
1. There shall be no further reduction of sideyards as
established in this action.
2. There shall be ne enlargement or alteration of the
outside dimensions of the two dwellings on the southeast
lot.
3. No additional outbuildings may be constructed on the
southeast lot except that an accessory garage building.
~ot to exceed 500 sq. ft.). may be constructed in the
rear yard area provided that the aceessory buildings
presently located in the rear yard area of the southeast
lot are removed. and provided that a Building Permit
for said accessory garage building is secured within
two years of the date of this action.
Vote of the Board: Ayes:- Messrs: Bergen. Hulse. Grigonis.
Doyen.
Abstaining: Chairman. Robert W. Gillispie. Jr.
*
*
*
*
<
I..BaAL NO'J.'ICE
Not1ce of Heal'1ng.
Pursuant to Section 267 of the Tawn Law and the
prov1.ion. of the amended Bulldinq Zone Ordinance of the
Town of Southold. Suffo1Jc: COWlty. New YOl'k. public
heu:1ng. will l:le held l:ly the ZOning Board of Appeals
of the 'lawn of Southold. at the Tawn Office. Ma1n Road,
Southold. New YOI'k. on Septeml:Nt1' 30, 1971 on the following
appeal..
7.30 P.M. (B.D.S.T.) . upon application of Alice Me
Duden, Orient. Hew YoI'k. for a variance in accOI'dance
with the Zon1ng Ord1nance. Article IU. Section 303. and
Article x, Sect:1onlOOQll.. fOX' pel'lll18s1on to d:1Vide prope;r:ty
and create lota "11th 1... than 100ft. tl'ontaqe and one lot
"11th le.. than l2,5oollq. ft. of 81'ea. Location of property.
nOl'th aide of private road off west aide of V1l1age Lane,
Orient. New Yo;r:1c, bounded nOl'th l:ly G. R. Lathul. WIR. H.
Bl'oder:1c:1c, east l:ly Spencer '1'8J.'ry. D. DoJ:llllU1 &. Others, south
by Orient Harl:lOl'. west by A. Knox.
7.45 P.N. (B.D.S.T.). upon application of Paul Harry
Orlowski. Grove Road. southold. New York. for . var1ance in
accOI'dance with the Zon:1nq ordinance. Article IU. Section
303, and Article x, Sect10n lOOQll.. for pel'lll18sion to div1de
property and Ht off lot with 1... than 12.500 1Iq. ft. of
area. Location of property. .outhea8t corner of .Mill Creek
Drive and Grove Road. Southold. New YOI'k. l:lounded nOI'th by
Mill Creek Drive, east l:ly Mill Creek Drive. A. Gordon-Bm1th.
LEGAL NOTICE
Drive, Southold, New York,
bounded north by Peconic Bay,
east by H. & F. Reese, south by
Harry Gunliffe, west by H. Sayre
& North Parish Drive.
8:30 P.M. (E.D.S.T.),' upon
applicatioh of Philip Marriner,
Deep Hole Drive, Malliluck, New
York, for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 300,
Subsection 6, and Article III,
Section 309, for pennission to
construct accessory building
(garage) in front yard area.
Location of property: south side
of Deep Hole Drive, Mattituck,
New York, bounded north by
Deep Hole Drive, east by J. Baar,
south by Deep Hole Creek, west
_ by Thos. O'Keefe.
8:45 P.M. (E.D.S.T.l, upon
application of Theodore
Christianson, 9 Dudley Avenue,
Staten Island, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 303, and Article X, Sec-
tion lOOOA, for pennission to
divide property and create lots
with less than 100 ft. frontage.
Location of property: west side of
Deep Hole Drive, Mallituck, New
York, bounded north by Yolanda
Robbins, east by Deep Hole
Drive, south by Mathaias Brewi,
west by Deep Hole Creek.
9:00 P.M. (E.D.S.TJ, upon
application of Daniel Grattan,
Sunnyside Road, Southold, New
_ York, for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 303,
and Artil:1eX, Section 1000A, for
permission to divide property
and,. set off lot w.ith less than
12,500 sq. fl. of area and less than
100 fl. frontage on Town Road.
Location of property: north side
of Sunnyside Road, Southold,
New York, bounded north by
other land of the applicant, east
by other land of the applicant,
._ "_,,,,~_' .south by Sannyside Road, west by
LEGA&NOTICE Pe"",.Grattan.
Noticeo Heanngs 9:15 P.M. (E.D.S.T.), upon
Pursuant to Section 267 of the application of AntlJqasios &
Town Law and the provisions of Helen Spinthourakis, Main Road,
the amended Building Zone East Marion, New York for a
Ordinance of the Town of variance in accordance with the
Southold, Suffolk County, New - Zoni~g Ordinance, Artic]e III,
York,public hearings will beheld Secl10n .307, and Article III A,
by the Zoning Board of Appeals of Sections 357 & 358, for permission
the Town of South old, at the Town to maintain motel units and
Office, Main Road, Southold, buildings with insufficient side
New York, on September 30, 1971 yards. Location of property:
on the following appeals: south side of Main Road, East
7:30 P.M. (E.D.S.T.), upon Marion, New York, bounded
application ~f Alice M. Burden, north by Main Road, east by A. G.
Orient, New York for a variance Doyle and other lands of the
in accordance with the Zoning applicant, south by G. Arno]d &
Ordinance, Article III, Section Others, west by R. Peterson &
303, and Article X, Section 1ooOA, Others.
-for permission to divide property 9:30 P.M. (E.D.S.TJ, upon
and create lots with less than 100 application of Bayview
ft. frontage and one lot with less Deve]?pment Corp. d I.b I.a
than 12,500 sq. ft. of area. VICtona Mote] and Collages,
Location of property: north side Bayvlew Road, .Southold, New
of private road off west side of York, for a spec13.1 exception in
Village Lane, Orient, New York, acc.?rdance with the Zoning
bounded north by G. R. Latham, - Ordinance, Article III A, Section
Wm. H. Broderick, east by 350, Subsection 5, for permission
Spencer Terry, D. Dorman &: to e.xpand existing marina.
Others, south by Orient Harbor Location of property: south side
west by A. Knox. ' of Bayview Road, Southold, New
7:45 P.M. (E.D.S.T.), upon York, bounded north by Bayview
application of Paul Harry Road, east by James Bitses,
Orlowski, Grove Road, Soutbold, ""uth bY Corey Creek, west by A.
New York, for a variance in &: F. Koke.
aceordance with the Zoning 9:45 P.M. (E.D.S.T:l, UDOn
Ordinance, Article III, Section application of Bertha Davis,
303, and Article X, Section 1000A Basin Road, Southold, New York,
for permission to divide propert; for a va.riance in accordance with
._ and set off lot with less than the Zonmg Ordinance, Article III,
12,500 sq. ft. of area. Location of SectiO:!l 300, Subsection 6, and
property: southeast corner of Article III, Section 309, for
Mill Creek Drive and Grove permission to, locate accessory
Road, Southold, New York building (garage) in front yard
bounded north by Mill Creek area. Location of property: north
Drive, east by Mill Creek Drive, side of Basin Road, westerly \'.! of
A.Gordon-Smith,&J.G.Havens -lot no. 2 and all of lot no. 3 on
south by F. Simons, & A. Gordon: subdivision map of "Paradise
Smith, west by Grove Road. Point", Sec. I, Map 3761.
. 8:00 P.M. (E.D.S.TJ, upon 10:00 P.M. (E.D.S.TJ, upon
application of Dr. James P. application of Arthur H. & Ruth
Tierney, 36 Spruce Street, Wingate, Peconic Bay Blvd.,
Garden City, New York, for Laurel, New York, for a variance
approval of access over private in accordance with the Zoning
right-of-way in accordance with Ordinance, Article III, Section
the State of New YorkTown Law 300, Subsection I, Article VII,
Section 280A. Location oi Sections 703 & 703b, and ATticle
property: private right..,f-way X, Section 1000B, for permission
off east end of North Parish
(Continued (rom page 25)
to convert accessory building into '
dwelling with insufficient living
area. Location of property: south
side of Peconic Bay B]vd.
Laurel, New York, bounded north
by Peconic Bay B]vd., east by W.
F. Osler, Jr., south by Peconic
Bay, west by Dorothy Farley.
_ . Any person desiring to he heard
on the above applications should
appear at the time and place
specified.
DATED: SEPTEMBER 9, 1971,
BY ORDER OF
'"
COUNTY OF SUFFOLK.
STATE OF NEW YORK.
1
} ss:
J
.... .stp&:r:t. .C.. .l)O;r.I1)!;lP.............. being duly Sworn.
says that .... !'1.~ . is Printer and Publisher of the SUFFOLK
WEEKLY TIMES. a newspaper published at Greenport. in said
county; and that thE' Dotia:. of which the cumexed is a printed
copy. has been published in the said Suffolk Weekly Times
once in E'ach week, for. .. .QQ~................... weeks
successiv&ly commencing on the .... .~~~.l)~Y.-.~l:t.i.I:g.......
./
day of ..... Sl!l.~~~;r.....~.. 19.. 7.1
~"7""'tZ.;~~ ~~
.__~.~..'l..'..'e...~'.' .........................
Sworn to before me this ..!.?.... 1
day of .. .~t-. .ty. (;l.... l!!.:!.I.. I, / /'
'" ((. .
,'_ ,.' i.~. .~ <- L t. _~.-6 t: tit { { (L/
. . . ;" . .t.~ .c. ./., . ',' Co (. . . . . , . . . . . . . . . . . . . . . . . .
/ '1/
I. ..J'.' .Z/"'. ..... '.'. ....... ........... .......
C
7/......-
~OTICE OF HEARING._ 8:45 P. M. I EDST) , UpOll <tp~
.. plication of Theodore Christian..~ g (garage) in front yard area.
rsuant to Section 267 of the'"" J" son, 9 L"41ey Avenue, staten' cation of property: north side
own LaW and the provisions 01(' ,1_"/lsland, N lork, for a variance:' Basin Road. or ~terly l~ of
the amended Building Zone Or--" '~1n accordance with the Zonin'" t No.2 and all '- .It NO.3 on
dinance of the Town of Southold ::.':..,,,, 1 :;..,ordinance. Article III. Sectit)~( >. ~vision map"' of "Paradi~e
~U:trOlk. County. New York, PUb~'j: J!,,,,303. and Article X. Section lOOOA. _" oint", See I. Map 3761.
he hearings will be held by the""~ 1";(01' permission to divide propert)'.l'f, i 10:00 P. M. (EDST),upon ap-
Zoning Board of Appeals of the" ,.fflc:cand create lob with less thrtn." ,~~ Ucation of Arthur H. & Ruth
Town of ~uthold. at the Town,~~' :1;100 ft. fronta~e. Locatioil ot:',.! i. -.,,/, Wingate, peconic Bay Blvd_.
Office, Mam Road, Southold.' ';!.~~property: west SIde of Deep Hoh' -' J, $ LaW'el, New York, for a variance
New York. on September 30, 1971 .~'- :l-.,/';Prive. Mattituck, New Yorll.t:-~ A~tn accordance with the Zoning
on the following appeals:,~> ,~~~~unded north by Yolanda RoL~'H'-' -,-\Ordinance, Article III, section
7:30. P. M. (EDST). upon ap- ;~~:-1'l!,~ms. east by D~ep HOle. Dri\'t.....~. ~,300, Subsection I, Article VII.
Pl.i~atlon of Alice M. Burden,~~~l~uth by M,athalas Brewl. \~-l-'S~'. Section '103 & 70~b. and A.rti.cle
OrIent, New York, for a variance '"'~~~ Deep Hole Creek. ,X, Section 1000B, for permISSIon
in accordance with the Zoning ~,5:, ;,1:'11;,1,: 9:00 P. M. (EDSTl. upon ap.~r tr to convert accessory building
Ordinance, Article III. Section'.1 :;.rYJIlIlcation of Daniel Grattan. SUll~:;' -;, into dwell1ng with insufficient
303, and Article X, Section l000A, ~"~' ',ll'hyside Road, Southold, Ne'f't living area. Locatio~ of property:
for permission to divide property .;. ~f...Vork. for a variance in ;].ccon"'-~':c . tNOuth side of Pee-orne Bay Blvd.,
and create lots with less than .-.: ~'J. ;.nc~ with the Zoning Ordianc-:;,I:.-? .' urel, New York, bounded north
100 ft. frontage and one lot with < ~. .:: Article III, Section 303. and Ar';,., "'. . .1i~y Peconic Bay Blvd., east by
les.: than 12,500 ft. of area. Lo- : .:~;:.ti~l.e. X, Secti.Ol.l 1000A, fm. pe~:~"'~ ? J:'. F. Osler, Jr" south by Peconlc
catlOn of property: north side '! ,'\ffiISSlon to diVide property and' ...- Bay, west by Dorothy Farle~'.
o~ private rpad off west side of Ii ~ set off lot with .less than 12.5lJ(}'~; ""~',, Any person desiring. t.o be
VIllage Lane. Orient, New York ' sq. ft. of area. and less than ItIfJ,r'"Jleard on the above apphcat.iou.:i
bounded nOfth by O. R. Latham: ~ ft.. frontage on Town Road. Lo.i\ ';.:(~hould app~ar at the time and
Wm, H. Broderick, east by cation of property: north ~id.. n(f:;'{ "place specifIed.
Spencer Terry, D. Dorman && .,Sunnyside Road. Southold, N"W'" DATED: SEPTEMBER 9, 1971
Others, sout'h by Orient Harbor, York, bounded north by otlu'n.;; BY ORDER OF THE
west by A. Knox. land of the applicant, pa:-;t b,.t!\;, SOUTHOLD TOWN
7:45 P. M. (EDSTI. upoa ap- other land o:f the applicant.. sout;~?';~i BOARD OF APPEALS
plication of Paul Harry Orlowski, I by SunnysIde Road, west bl';:\S. IT-23
Grove Road, Southold, New York. ,feter Grattan. . ...t'~
for a variance in accordance d, 9:15 P. M. (EDSTI. UpOIl ap..
with the Zoning Ordinance. Ar- t plication of- Ant.lmnasios & Heh'll
t~cle III. Section 303, and Ar.,J.. SPin.thourakis, Main Hoad. Em;1
hcle X, Section lOOOA, for '\ Manon. New York for a variance
~rmission to .divide property and~' in.. ~ccordHnel' ~'i"h the z.onill1-'
set off lot With less than 12,500 ,. . Pi dmanc(', Article III, Section
sq. ft. of area. Location of prop-'l '.', 307, and' Artiell' III A. Se~tions
erty: southeast corner of Mill iL;:t57 & 358. for permission to
Creek Drive and Grove ~oad, : ~naintain moLel units and build-
Southo\tt. New York, bouhd.ed l.lngs 'Nit.h insufficient side yards.
north by Mill .creek Drive, east; ,..ocatlOn of propl'rty: south sidr
by Mill Creek Drive. A Gordon. .~ pf Main Road. East Marion. New
Smith. & J. G. Havens, south by yl'"ork, LmUlldt'd lIorth by Malll
F. Simons. A. GordOn-Smith. ~oad, east by A. G. Doyle and
west by Grove Road. 'Other lands of tfw applicalll.
8:00 P. M. (EDSTI, upon ap. south by G. Arnold & Otheri"'.
plication of Dr. James P. Tierney, . west by R. Pet~rmn & Others.
36 Spruce Street. Garden City. h 9:30 P. 'M. lEDSTl, upon ap-
New York, for approval of access -';' ''ttcation of Bayview Development.
over private right-of-way in ac- ~:porp. d.-bia Victoria Motel and
cardance with the State of New . Cottages. Bayview Road. South-
York Town Law. Section :l80A. r,pld. New York. for a special'ex-
Location of property: priv~l.tp ~. ception in accordance with the
right-of-way off east end cf~,Zoning Ordinance. Article IlIA,
North Parish Drive, Southo!d. ';'1' "Section 350, Subsection 5. for
New York. bounded north by permission to expand existing
Peconic Bay. ea..<.;t by H. & F' marina. Location of property:
Reese, south by Harry GunlifIe,' south side of Bayview Rond.
west by H. Sayr.e & North- Parish;. Southold, New York. bounded
Drive. north by Bayview Road. east by
8:30 P. M. (EDSTI, upon ap- "f James Bitses, south by Corey
plication of Philip Marriner.~' Creek. west by A. & F. Koke.
Deep Hole Drive, Mattituck, New" 9'45 P M (EDST
York. for a va.riance in accOld- .' . .. l. upon ap-
ance with the Zoning Ordinancl'. pllcatlOn of Bertha Davis. Ba~1ll
Article III. Section 300. Subsec- -'~. noad. Southold. New York. fur a
tion 6, and Article III, Section \'lll'iance in accordance with Ilw
309, for permission to construct. Zoning Ordinance. Article III.
accessory bUilding (garagel ill ISection 300 S b' t' 6 ',lIlCI
front yard area. Location o("''''~ . . u sec lOn .
propert)o~: tiouth side ~f Deep'\ A~t.l~le III. Section 309, for pt'r-
Hole DrIVe, Mattituck. New York ;: 1ll1&"lOn to locate accessory Luild-
bounded north by Deep Hf)l~ .
Drive, east by J. Baa!', south bl,!
Deep Hole Creek. \\"est by Th(l~.
O'Keefe.
l:
,yorn f says
ISLAND
iblic news-
and that
, has been
:k Watch-
(j week{
!....i...m,
~..,,'
.Tlt
:J.,j/...'...., day of
.ytr=.., 19.7/.
~d4....P~,q-
rn to before me this
ADElE PAYNE
Uob'.! I'L" I:c, S,2',= f)f New Vorl?
C" 1 S'd ",;'?:'.;c~~l'~::11913
..,.".."...-".",...-...,.."....,."-_,,.._~~_._.,..,__..._.._..~..._.._'''.~..N*,
,-..
" ,
.
o
TOWN OF SOUTH OLD. NEW YORK
~'~f{€t?oN OF BUILDING INSPECTOR
rflr "6' f.::; c./
APPEAL NO. I '-16 /
DATE ..Sept......her..8...1971
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, ~....^U~.e.M....a"r.dtl'L........................ .of ...P.rtD~tt..ff,~"...............................................
Name of Appellant Street and Number
.. .9.r.~.~~~,.. .:r.!?'irn..9.t~g~9.~~... ..... .................... .. ...~~:t!' X 9r.Ac;................. .HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS 17RIO~~IIDlIIliIXm:)mI""Ill>u5lJOClW{
. ~ -Q /7)
.................................... DATED ...............>.~......s:~........1...
~ ~~
.................................................................................
of
Name of Applicant for permit
..... St~~~t' ~;;d' N ~;;;b~;"'''''''''''''''''''''' M~~'i~'ip~ i ii;;................... 'St~t~""""""""""'"
( ) PERMIT TO USE
( ).. PERMIT F9R OCC,UPANCY~.... 7 ___
(vr ({Ji/\^'::t ~_. ~
~ Cj"
1. LOCATION OF THE PROPERTY .....P.r.lv.at.e.Raad..aU..Y.w.a,...J...."... ..cenUQ............
Street Use District on Zoning Map
.... <?~~~~~. .~~~.o.~~.. .9.~~~~~.. .~.~."!1!(..y.~~~.......
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 Ordinonce.)
Section 303 and Section 1000A
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 X!K<<(has not) been made 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
(X ) A Varionce to the Zoning Ordinance
( )
is requested for the reason that appellant has contracted to 8ell (subject or obt..1nll'll
variance) the southerly 55 feet of premises and requires variance to divide premises.
The history of the premises is u follows: Appellant purchased the souther17 51 feet
to a depth of 130 feet on November 11, 1934. On November 19, 1934, a 8trip of land
3 teet in width at the 80utheuterly corner was acquired to remedy an encroachment
Form ZBl
(Continue on other side)
,-
o
~
REASON FOR APPEAL
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 011 properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
) ss
COUNTY OF )
.................................................................................
Signature
Sworn to this .............................................. day of........................................................ 19
Notary Public
II
o
FORM (NIO. 3
6
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOtJTHOLD. N. Y.
NOTICE OF DISAPPROVAL
File No. .. .................... .......................................... Date .................................S.pt. ......8......... 19.11..
To ...-A.lW...M....Bw4........................................
.......... ...Ori.nt............ ........ ..............................
...................If.y............. ......... ......... ....................
PLEASE TAKE NOTICE that your application dated .......................ll.pt......e......... 19.1.L
for permit to C~t~truct .4:1:...-14....1.11............. at the premises located at .......LcI...-...,..'te-.
_,....... 'v rA"'""A
....road:...tt...W/S..VU.lac....J..a......... Street Orient N. Y.
Map .........g................... .........Block .......;la...................... ..... Lot .........XZ;. ..................... ............ is
~ disapproved on the followinp' groundR .......1.t.a..:v.u.l4..haW...l...
.....than...100..tt...trent........on-e '''leS's...t-han'''1-2,500'''sq..-tt.. area...................................
..........An.Ul...8n..303...6;..A.r.t...)(.....o...1000A................ . ............... .......... ... ..........................
1/ --'
'o.. ..........~idi&. Inltt~'/....I.....................
of a building. On November 10, 1936, the remaining water frontage of
approximately 100 feet to a depth of approximately 250 feet was acquired.
On September 26, 1939. an irregular parcel in the rear was acquired. The
entire parcel presently has a frontage of approximately 150 feet on Orient
Harbor. The North line is approximately 251 feet in length and the South
line is approximately 255 feet in length. The total area is approximately
33, 000 square feet.
There is located on the southerly 55 feet two private, one-family cottages
presently and for more than 25 years used for summer rental purposes.
This parcel has an area of approximately II, 000 square feet. The northerly
95 feet of the property has erected thereon a one-family, private dwelling
occupied by applicant for year-round dwelling purposes. A private read
extends along the waterfront affording acce.. to Village Lane. The road
has been in existence for more than 100 years.
(1) STRICT APPLICATION OF THE ORDINANCE would produce practical
difficulties or unnecessary HARDSHIP because to deny applicant the variance
to permit the division of the property would result in applicant suffering a
financWloss, since the value of Appellant's entire property, if sold as a
unit. would Ite les8 than if the premises were divided as herein proposed.
(2) The hardship created is UNIQUE and is not shared by all prql erties
alike in the immediate vicinity of this property and in this use district.be-
Annexed hereto is a photocopy of the Town of Southold Tax Map showing the
size of lots in the vicinity of Appellant's premises. If this variance is
granted. the portion proposed to be sold will be of the same size as the
majority of the lots in the vicinity. To deny the variance, would impose a
resttiction on Appellant's property not shared by the other lot owners in
the vicinity.
(3) The grant of the variance requested would observe the spirit of the
Ordinance and would not change the character of the disttict. As above
stated, to grant the variance would conform the Appellant's premises after
the division. to the lot sizes and frontages of the majority of the lots in the
vicinity.
A ice M. Burden
STATE OF NEW YORK)
ss. :
COUNTY OF SUFFOJLK)
Sworn to this gt/. day of
September, 1971,
7J1~a#;~
otary Public
MARGAllET A. Me:.....
Notary Public. State of ~b'"
No. 52-2653860
Qualified In Suffolk Coun ~..
Term Expir.es March 30, lB~
~~~ w.~'X. ~.~7i~:71
~,:z.~~~~ 0 ~~.
S~.'Q.'1. D
~ '1\\'
~~. \ ,
~ '~~~ ~~~.
~ ~1.,.. a-l ~
~ ~ '1t:-a.-. I () c .' G..'(\- ar-..~ ~
'O..~ ~ ~ ~
~ , ~ ~ ~~ '-6v...~ ~ l.....
~~~. I~~ ~.~~~,
~ ~ l.V~ ~ ti)" it:;: ~~c.a-
or...:-. ~o.:.r-;t;' 4 --t. <>""",Il.u. '
~ (\!~) at -Q~" ~ ~O-N..~
~~.~~ \ 0-. ~ ~ ~~l. ~ ~...L ~.
~~'1 ('O~.~ c,..._~ ~(..1P"~\
~'""'--t~. ;:...~~
C\N.-a.. .~ ~ k ~
~~F",qjJ..A \ \05<....... ~.
~)-~-r:
~ 1,U-4 ~~ ~ ^J.H~ tr.4>>-~ ~
~~-~.
.~ :-. ~ .. l.. \ '(Y\,.. ~ ~,",--J.., ~ " :-
~ ~ ~ GLN- v.......~ 1:0 V~c:.Jl.... ~
I
~ ~ ~ \ <F-,~~ ~~l-t;"
~~-x;-' ~ \lAA.(}"_~ t~:~ ~~
L~~'~~ ~~ <_.".~
,
s.......~' <e, .';;;J~ ""' ~
I .
S) u-...&4f hh ~ --.,. .
~.S . ~ ~o..-.~ ~ ~-t~..~~.,- ~
~~ JL~.
-, ',;Al;;:" -~';:::}.~"'J .." ,.'., · .~"
~.',..~.....-.;_r.aa ".~.:., ......:..__'...."._..~.
1 l
:;kippers Lane
Orient, Long Island, New York
September 27, 1971
The Zoning Board of Appeals
of the Town of Southold
~ffi~, Long Island, New YOrk 11971
Gentlemen:
This letter is in relation to the application
of Alice M. Burden for a variance in accordance
withothe Zoning Ordinance, Article III, Section 303,
and Article X, Section 1000A.
I am the owner of property adjoining the
land of the applicant and respectfully request
the denial of the application for the reason
that it would not be in the best interests of
the area.
The addition of any residences on this
private road would, in my opinion, increase an
already serious traffic problem.
Very truly yours,
e{:-t ~~ &~ ~~
eorge . a
/
c
o
GENERAL SIGNAL CORPORATION
280 PARK AVENUE NEW YORK NEW YORK 10017
EDGAR oJ, SMITH, JR.
ASSISTANT GENERAL COUNSEL
September 29, 1971
Mr. Robert Gillispie, Jr.
Main Road
East Marion, L. I., New York
Dear Mr. Gillispie:
I am writing this letter, although I anticipate trying to reach
you by telephone this evening or tomorrow, since the letter may not
arrive by tomorrow's hearing of the Zoning Board of Appeals. I hope
you will excuse my troubling you twice on the matter.
My wife and I own a cottage and approximately 1/3 acre of land at
the westerly end of the private road off the west side of Village Lane
in Orient, and we have been concerned with the notice of a zoning appeal
filed on behalf of Mrs. Alice M. Burden, in connection with property
owned by her on this same private road, notice of which first came to
our attention in the September 23 edition of The Suffolk Times.
Last weekend I discussed the notice with Mr. & Mrs. Burden, and I
am also aware that Arthur Van de Water telephoned you. The result of
both conversations indicated that the intended variance is for per-
mission to divide property and set off one lot with less than 100 ft.
frontage which also has less than 12,500 sq. ft. of area. As you may
be aware, however, the notice of appeal is not so worded in that it
requests a variance to "divide property and create lots", lots being
in the plural. We had been very disturbed that this language would
permit the Burdens to create a multiplicity of small lots, allowing
them (or a subsequent owner) to put a number of small cottages on
their property.
This is apparently not the case, according to my understanding
of your conversation with Mr. Van de Water, and my conversation with
Mr. Burden; we would want to be on record as vigorously opposing the
grant of any such variance if it were the case.
I should note that one cause for our concern was the difference
in language between the Burden and the Orlowski notices, the latter
referring to a lot in the singular.
This area of law is not a part of my practice and so I hope you
will forgive me if I have ignored or not understood some obvious dis-
tinction which should have obviated my concern. At any rate, please
accept my thanks in advance for your kind consideration of this letter.
EJS,Jr:mch
Very truly yours, ,
~.~
o
o
HERBERT L. JAMISON &: CO.
INSURANCE
90 PARK AVENUE, NEW YORK. N.Y. 1.0016 (212) OXFORD 7-6678
ARTHUR M. VAN DE WATER
PARTNER
September 27, 1971
Mr. Robert W. Gillispie, Jr.
Main Road
East Marion, L.I., N.Y.
Dear J~. Gillispie:
Thank you for interrupting your Sunday, in order to explain to me some of
the aspects of the application of Mrs. Alice Burden, for a variance to
the zoning code. This subject had been a source of considerable concern
to myself and quite a few others, who had intended to write you in connect-
ion with this matter. Because of your explanation it is conceivable
that you will not receive as many letters, as otherwise might have been
the case.
I wish to confirm my understanding that the request for this variance deals
solely with the contemplated sale of the parcel of land, with dwelling,
located to the East of Mrs. Burden' s main dwelling. The phraseology
requesting permission of building lots of less than one-hundred feet, and
one lot of less than 12,500 square feet, caused us to 'fOnder whether it
would be possible to subdivide all of the "Burden" property into small
lots, with each lot possibly having a small fishing shack constructed thereon.
It also occurred to me that if this variance were granted, it might well
establish a precedent should similar subdivisions be contemplated as
respects other pieces of property within the Village of Orient. Should
this occur, it would not only be damaging to the Realty values, but the
added cesspools and septic tanks ~uld, I believe, be harmful, and a
definite source of pollution to local waters.
If my understanding is correct, that this variance is specific, as above
referred to, I have no objections. If, however, I am in error, and this could
be damaging to the community, I would wish for myself and others to present
the strongest possible objection.
The knowledge and concern of yourself end others on the Board will, I am
sure, continue to protect us, in Orient, as in the past.
AMV: dd
~12l0[lh~
Arthur M. Van De Water
~
~
\
.....
V)ir
o 0
ZI-
o V)
Q. -
0:: .l:
w
l-
V)
:>
o
I~
(J-
(5
V)
-',--
.0 ..~
/
,
.~/
...,
,,4..-
':I
'-'
<y
Y-<J
t<?&
Ot<?
0+
~~
'f"'
F.KING
~. Wi
-.---
--- ._-----"-------
--------~---~~~=-~~~--- -----------
---
-----.---
-'-
~
~
.l:
I-
~
....J
0::
<:>
S.B. TA.BOR
.
Me NEIll
R. ADAMs
N. SURDE
tv>"
:2
-
~
~
o
So'
M. JAROWE
,
It' F: I{ING
?c'
e.E'VAII/
S .I
7~
FLETCHER
o
,
TAX
SOUTHOL
SHEET
SCHOOL
B
SCALE: 100'.1"