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Home My WebLink About325 NOV. 10, 1960 Main Road Laurel, New York Page 1 GRANTED permission to divide property leaving 46 feet on Long Island Sound and 30 feet on Soundview Avenue, Southold, NY TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 325 Dated October 27, 1960 ACTION OF. THE ZONING BOARD OF APPEALS OF TOWN OF 5OUIHOLD dorm F. Mc~ity & others To Main Road Laurel, New York DATE .~.°..v..?..m..'t3...e..r.....17, 1960 Appellant at a meeting of the Zoning Board of Appeals on Tglurs., November 10, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1960 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 ................ po,ragraph ................ of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7*30 P.M. (E.S.T.), upon application of John F. McNulty and others, Main Road, Laurel, New York, for a variance in accord- ance with the Zoning Ordinance, Article X, Section 1000A, for ~ermission to divide property leaving an area with less than required frontage. Location of property~ north side Soundview Avenue, Matti~ck, New York, bounded north by Sound, east by Kohler Betts, south by Soundview Avenue, and west by McNulty Estate. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) ~ produce undue hardship because applicant's property to the South will lose its potent/al value as summer building sites if access to the beach and Sound is unavailable. (b) The hardship created (is) ~uA~un;que and ~(would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because applicants owns a 27 agre_parqel to the sou.th and wi.s.h .to r.etain the strip oF.land leading to ~ne ~ouna as a means az access to ~ne neach. This property nas peen ( ,o~ed by th~.Mc~Rlty f.~ily for k00 ~et~eS~rdinonce and ~ (would not) c) i ne variance %aoes) ~m~X;cobserve the sp{rit cho,nge the character of the district because al:)plics-r~tl~l do not intend to e:~ect & strllCtLLre on this property but intend to use it as a means of ingress to and egress from Long Island Sound, 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 (X) be reversed. John F. McNulty and others is granted permission to divide property leaving 46 ft. on Long Island Sound and 30 ft. on Soundview Avenue, but prohibiting the erection of any structure on this parcel of land within a period of twenty-five (25) years. t~W~'''- ~ Secretary COUNTY OF SUFFOLK ~ STATE OF NEW YORKI ss. LEGAL NOTICE NO3~ICE OF HEARING Pursuant to 5action 26~ of the Town Law and the provisions of the Amend- ed Building Zone Ordinance of the Tov~,n of Southo!d, Suffolk County, New York, public hearings .will be held by the Zoning Board of Appeals o£ the: Town of Southold, at the Town Clerk Office, Main Road, Southold, York, on November 10, 1960, on the following appeals: 7:30 P. M. iE,S.T.~, upon application of John 1~. McNulty and others, Main Road, Laurel, New York~ for a variance in accordance with the Zoning Ordin-, once, Article X, Section 1000A, for per~-~ mission to divide property leaving an area with less than required frontage. Location of property; north side Soundvi~w Avenue, . M~ttituck, New Yo~'k, bounded north by Sound, east, by Kohler Betta, south by Soundview. Avenue, and west by McNulty Estate. 7:4§ P. M. (E.S.T:), upon application of (~reenpoFt Sea Products, Inq., Ship- yard Lane, East Marion, New York, for a variance in accordance w~th the Zoning Ordinance, Article V. Section 50~, for permission to reduce front yard setback. Location of property: east side Shipyard Lane, East Marion, New York, bounded north by.,Czero- purwich, eas( by E. H. King, 'south by Bay, and west by Shipyard Lane. Any person desiring to be heard on the above applications should appear at the time and place above specified. DATED: October 27, 1960, By Order of ~he Southolii Town Board of Appeals. Waiter B. Gagen, being duly sworn, says that I~e is the Editor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- man once each week for ........~-,~.-~ .~...~....~...~ //wee~'~ successively, commencing on the ............ ~.~.. ......... Sworn to before me this ......... ~. ........d~ o{ ADELE PAYNE Notary Public, State ol New YotI~ Residing in Suffolk County No. 523341000 ~/ CommissJo~ £xpires March 30, 19~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL - .............. ..... Name of Appellant Street and Number ........................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING INSPECTOR ON ...................... ..... W'HE~EBY~ THE BOlLDING~ INSPECTOR- ~ENI~D TO ~: ' Name'of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ,(r ) P~ERMIT F'~DR OCCUPANCY . - , ... (~),.'"Exemptioh~fro~'Sectt?n'lbO0~ '- ' . .. · ~ _ ,, . ..~ree~ ,, . t ~; .,- Use District on '~omng ~wap . .a,~ ,-.a~..uc.., ..... ~ .. . .. ~ap. N~.- ............. · ..... v Lot No.. - - 2.~ "' PROVISIOI~ "('S) 'OF .THE ZONIN(~ ORDINANCE A~PPEAEEb'(Indic'0te tl~e Artici,e'se'~tion; 'Sub-' '.. "section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Section IO00A 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 ~ (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 ...................................................................... ( ) (X) ) REASON FOR APPEAL A Variance to Section 280A Subsect3on 3 A Variance to the Zoning Ordinance requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 'i r $~.~i~T.~,~p.~,LiCATiON OF THE ORDINANCE would produce UNDUE HARDSHIP because in addition to the reasons as set forth in paragraphs 2 and 3 below, petitioner's property immediately to the south will lose its potaatial value :b~ as summer building sites if access to the beach and Long Island.Sound is unavailable. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of thisproperty and in this use district because:this property has been owned by ..the McNultF family'for 100 years and petitioner and hie co-owners have used the beach abutting on the Long Island Sound for'many years. Petitioner and his co-owners owu a 27 acre parcel immediately to the south..of the premises in question an~ wish tp ~et~n the strip of land leading to Long Island Sound as a means of access to t~e beach for themselves and their families. 3. 'The Varionce would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the petitioner and his co-owners ~¢sh to cell a parcel of land having a frontage of 100 feet. ~he remaining~parcel .wil~have~a frontage of approximately 46 feet on Long Island Sound and approximately 30 feet on $oundview Avenue. Neither the petitioner nor his co-owners intend to erect a~v structure upon the remaining parcel but intend to use~ it as a, means of ingress~to~and Agress from Long Island Sound and the beach"ad~oi~.i~he~etoL.- Pe~i~.ioner~£ur~her ~s{a%ss that both he and his co-o;*ners are willing to abide by any condition imposed by the Board in respect to the ~Ct%ou~qr non-erection of structures. If a variance is granted the character of %he'd~s~rict would not be changed because this situation is unique and also because no structures will be erected upon the premises. This petitionis submitted on behalf of the following persons: John F. McNulty, Anita McNulty, Helen J. McNulty, Mildred C. McNulty, Edna V. McNul~yand Marie M. Diller. FOEM NO.~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE. '~. . SOUTHOLD, N.Y. . NOTICE'OF DISAPPROVAL File No .....'32~ .................................................... i. Date' : ' 1 .................... Oc~;ober"2?'"", ........ 9-60' To ...... ~'ohn...l'{e.Nu.t t-~...&-.Gthe~ ~ ............. ,.-. ........ ~e~i......~.y.; ............................... ... ~,Lx PL~SE' TAK~ NOTICE that your application dated ' '~e-~ for perm,t to~..d$~.de...[~d...~to~t~~ located at N/s"/~r~a.:~. ~o~ .......................... :"~'::"~tt~ck .............. ~ / " . . ',:,, . Map .~ ......... : ................. Bloc~ .................................. Lot "~' ..... ~d,sopproved on the following grounds '"~'~t'On"~0~O~ Z~'~9~" '~' 'tOt-; ~t'~h" .l~s~E't~ez,.~--E.~on¢.age,. .............................. ?~'.~)~'....r'~ ;~,- ......... :' '"'"" ~'' ........................... : ....................... '/ j.. .~ '.~' .................................................................................................................................. )L.....~ ;'~..t ...... J. ?.. ~ ....... [~. Notice of 'Hearing Pursuant to Section 267 o£ the Town Law and the ~ ovisions of the Amended Build~g Zone Ordinance of the To~n of' Southold, Suffolk county,. New York, public hearings will be held by the Zoning Board of APpeals of the ~own of Southold, at the Town Clerk Office, Ma/n Road, Southold, New York, on Ncvember 10, 1960, on the following appeals: 71~0 P.M. (E.S.T.), upon application of Jo~ F. McNulty and others, Main Road, LaUrel, New York, for a v&riance in accordance with the ~on~mg Ordinance, Article X~ Secti0nl000A, for permission to divide property leavin~ am area with l~ss than required frontage. Location of propertyl north side Soundv~ew Avenue, Matt£tuck, New Yor~ boun~ed north by somld, east'by Kohler Betts,'south by soundviewAvemne, and west by McNulty Estate. 7=45 P.M. (E.S.T.), upon ap~lication of ~reenport Sea Products~ Inc.: Shipyard Lan'e, East Marion, New York, for a variance in accordance with ~he~.Zoning~ Ordinance, Article V~ Section 503~ for p~.rmiss~ion to~'r-ed.uce ~ront' yard setback. Location o'f PropertY~ east side Shipyard Lane, East Marion, New York~ bounded north by CzereporWich~ east by E. H. King, south .by ':Bay, 'and wes~ by ShiPy~a Lane. Page 2 - Lega~tice, Notice of HeaEhg Any person desiring to be heard on the above applications sheuld appear at the time and pla'ce.above specified. DATED~ October 27, 1960, By Order of the Southold Town Boar~ of ~ppeals~ FLEASE PUBLISH ONCE, NOVEMBER 3, 1960, AN9 FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO THE BOARD OF APPEALS, TOWN CLERK OFFICE, MAIN ROAD, SOb"I~HOLD~ NEW YORK. Copies mailed to the following on October 284 The Long Island Traveler-Mattituck Watchman John F. McNulty Greenport Sea Products, Inc. SOMEONe_- .SHOULd. AP, P, EAR AT THE HEARIN~