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Home My WebLink About2377 TO~V~ OF $OUTHOLD, NEW YORK ACTION OF THE ZON~/G BOARD OF APPEALS Appeal No. 2377 Dated November 28, 1977 ACTION OF TFI~ ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Walter and Marilyn Gatz Love Lane Mattituck, NY 11952 DATE..~.~.....~.~, 1977 Appellant at a meeting of the Zoning Board of Appeals on December 22, 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 ( ) 1977 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was determined that a special exception ( ) be ~a~ed ( ) ~ de.ed pursuant to Artie~ .................... Section .................... Subsection .................... paragraph .................... of the ~ning Ordinance and the decis~n of the Bu~ding I~peetor ( ) be reversed ( ) be co~irmedbeea~e 7:50 P.M. (E.S.T.) upon application of Walter and Marilyn Gatz, Lo~e Lane, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: east side Love Lane, north side CR27, Mattituck, New York, bounded on the north by L. Hamilton; east by H. Swanson, M. Long, E. Csiesak; south by CR27; west by Love Lane. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (i~ not) umque 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 (would not) SEE REVERSE 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 After investigation and inspection, the Board finds that the applicants request permission to divide property with in- sufficient width and area, east side Love Lane, Mattituck, New York. The findings of the Board are that this merely alters the lot line to a small degree. 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 of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Walter and Marilyn Gatz, Love Lane, Mattituck, New York, be GRANTED permission to divide prop- erty with insufficient width and area, east side Love Lane, Mattituck, New York, as applied for. Vote of the Board~ Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. RECEIVED AND ~LED BY T}~ SOUYHOLD TOV~N ToWn CTerk, Town of Southold LEGAL NOTICE Notice of Hearings of New Yor~, public hearings will be held by the Appeals at the Town Hall, Main Road, Southold~ Thursday, December 22~ 1977~ on the following Pursuant to Section 267 of the Town Law and the provisions the Amended Building Zone Ordinance of the Town of Sou%hol~, Zoning Board of New York, on appeals: 7:30 P.Mo (E.S.T.) Robert D. Gray a/c Estl New York. 7:45 P.M. (E.S.T.) Recessed hearing upon application of of Elizabeth C. Gray~ Fishers Island, upon application of Walter and Marilyn Gatz, Love Lane~ Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area° Location of property: east side Love Lane~ north side CR27, Mattituck~ New York, bounded on the north by Lo ~tamilton; east by H. Swanson, M. Long~ E. Csiesak; south by CR27; west by Love Lane. 7:55 P.M. {E.S.To) upon application of Eastern Long Island Kamp~rounds, Inc.~ 690 Queen Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C g, f for permission to erect off-premises directional sign. Location of property: south side CR27, east side Chapel Lane, Greenport, New York, bounded on the north by CR27; east by A. Shames & ors. and L. Delemidas; south by Village of Greenport; west by Chapel Lane. 8:05 P.M. (E.$.T.) upon application of John Malinowski, Second Street~ New Suffolk~ New York for a variance in .accord- ance with the Zoning Ordinance, Article VI, Section 100-60, Article VII, Section 100-70, and Article VIIIf Section 100-80 for permission to use existing business building for assembly of parts. Location of property: west side Second Street, south side King Street, New Suffolk, New York, bounded on the north by King Street; east by Second Street; south by ~I. Aponik and Other land of applicant; west by Third Street. Legal Notice -2- Hearings: December 22, 1977 8:15 P.M. (E.S.T.) upon application of Meyer Rosenberg, Indian Neck Lane, Peconic~ New ¥ork~ for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling on lot with insufficient width. Location of property: south side Indian Neck Lane, Peconic, New York~ bounded on the north by Indian Neck Lane; east by Rust, Cohen; south by Peconic Bay; west by Seagyan Club, Inc. 8:20 P.M. (E.S.T.) upon application of Advent Lutheran Church~ Legion Avenue~ Mattituckf New York for a special exception in accordance with the Zoning Ordinance, Article !II, Section 100-30 D 6(2) for permission to erect off-premises directional sign. Location of property: north side Main Road~ Mattituck, New York, bounded on the north by Long Island Rail- road; east by M. Sidor and Legion Avenue; south by Main Road; west by Associated East Lending Corp.~ Factory Ave. 8:25 P.M. (E.S.To) upon application of Joseph J. Frohnhoefer a/c Joseph Ao Esquirot, Jr., 13.50 Lupton Point Road, Mattituck~ New York for a variance in accordance with the Zoning Ordinance, Article III~ Section 100-32 for permission to construct accessory building of property: Lupton Point Roadr on the north by Right-of-way, M. in front yard area. Location Mattituck, New York, bounded Kelsey; east by B~ Mason; south by Deep Hole Creek; west by B~ Mason. 8:30 P.M. (E.S.T.) upon application of Jo Ann Talbot, Nassau Point Road, Cutchogue, New York for a variance in accord- ance with the Zoning ordinance, Article Iii, Section 100-32 for permission to construct accessory building in front yard area. Location of property: east side Nassau Point Road, Cutchogue, New York; Lot 12, Map of Nassau Point Properties, Cutchogue~ New York. Legal Notice -3- Hearings: December 22, 1977 8:35 P.M. (E.S.T.) upon application of Edward and Kathryn Robedee, 1935 Pine Tree Road, Cutchogus, New York for a variance in aacordance with the Zoning Ordinancer Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: east side Pine Tree Road, Cutchogue, New York; Lot 2lA and part of Lot 22, Map of Nassau Farms, Cutchogue, New York. 8:45 P.Mo (E.S.T.) upon application of John Xikis, 32-55 Steinway Street~ Astoria, New York (Rudolph Bruer~ Esq.) for a special exception in accordance with the Zoning Ordinance, Article Vi, Section 100-60 H l(b) for permission to construct motel and restaurant. Location of property: south side CR27, Greenportf New Yorkf bounded on the north by CR27; east by J. Poliwoda; south by L. Hodor; west by Cornell, Caiota~ and Papantoniou. 9:00 P.M. Minnie Baker~ (E.S.T.) upon application of George C. and 83 Fenway, Rockville Centre, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side yards. Location of property: west side Sylvan Drive, East Marion, New York; Lot 10A~ Gardiners Bay Estates, Section II. 9:15 P.M. (E.SoT.) upon application of Alexander and Ann Robinson, Jr., 25 Dairy Road~ Greenwich, Connecticut c/o W. Gordon Ab/man, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width. Location of property: Montauk Avenue, Fishers Island, New York, bounded on the north by H. Doroshevlcn', J. Peishoff, H. Parsons, and West Harbor; east by Sterling Street; south by R. Elwetl; west by Montauk Avenue. Legal Notice -4- Hearings: December 22, 1977 Any person desiring t6 be heard on ~he above appeals should appear at the time and place above specified. Dated: Decer~ber 12, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APP~2~LS PLEASE PUBLISH ONCEt DECEMBER 15 1977, AND FORWARD ELEVEN (11) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ MAIN ROAD, SOUTHOLD ~ NEW YORK. Copies mailed to the following on December 12, 1977: Walter and Marilyn Gatz -Eastern Long Island Kampgrounds, Inc. Val Stype Agency a/c Malinowski Meyer Rosenberg Advent Lutheran Church J. Frohnhoefer a/c Esquirol Jo Ann Talbot Edward & Kathryn Robedee R. Bruer, Esq. a/c Xikis George & Minnie Baker W. Gordon Ahraan a/c Alexander & Ann Robinson LEGAL NOTICE Notice of Hearings Pursuant to SeCtion 267 of the Town ~W and the provisions of the A~tiadc~ Zone Ordinance of-..4~, ~own of Southold, New' Y~r~, Public hearings~ will be held by the Zofling Beard of Appeals at the Town Hall, Main Read,-Southold, New York, on Thursday, DeCember 22, 19..77,~ on the following appeals: '. 7:30 P.M. (E.s.T~, Recessed hearing upon al~plication of Rob~ D. Gray a-c Est. of E I iza~'~,lli C. -Gra~ ~ Fishers Island, New York.' '~' 7:45 .P:M. (~.S.T.) ~l!pon pncliio~"~ ~l~ Gatz, L°v~l~'"MtRtituck, New York for ~ce in ac- cordance ~;it[[l~~ zoning dinance, Article Iii, Section 10~ 30 and Bulk SchedUle for I~ mission to divide property .~ insufficient width and iLeeation of property: east side lLove Lane, north side CR27, ~Mattituck, New York, bo?ded on ~the north by L. Hamiltonl east by[~rr'°"ix' ~ ss' [H. Swanson, M. Long, E IV YORK, ~ · ~siesak; south by C~.; w-est b~;[ ~ove Lane. ..~_~ Tm 7:55 P.M. (E.S.T.) upofi ~ ........................ beth9 duly Sworn, plication of Eastern Long Island ,. · is Printer and Publisher o! the SUFFOLK Kampgrounds, Inc., 6so Queen Street, Greenpert, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6 f for permission to erect off-promises directional sign· Location of property: south side CR27, east side Chapel Lane, Greenport, New York, bounded on the north by CR27; east by A. Shames & ors. and L. Delemidas; south by Village of Greenpert; west by C~pe! Lane: . 8:05 P.M. (E.S.T.) upon ptication of John Malinowski, Second Street, New Suffolk, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Section 100- 60, Article VII, Section 100-70, and Article VIII, Section 100-80 for permission to use existing business building for assembly of parts. Location of property: west side Second Street, soUth side King Street, New Suffolk, New York, beanded on the north by King Street; east by Second Street; south by H.~Aponik and other land of applicant; west by S, a newspaper published ~xt Greenport. in said * *he notice, of which the annexed is u printed ~blished in the said Suffolk Weekly Times ,..1~ tot ........................... weeks nenc~ng on the ............ Tt ~ .,T ......... -~tt~? ......... 19.7.7. me this ../.~ ..... I ~.(X~/~¢~ 19././. ! ~ .z.l'.,, LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provi- si6ns of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, December 22, 1977, on the following appeals: 7:30 P.M. (E.S.T.) Recessed hearing upon application of Robert D. 'Gray a/c Est. of Elizabeth C. Gray, Fishers p eW York. .M. (E.S.T.) upon on of Walter and Mar- ilyn Gatz, Love Lane, Matti- tuck, New York for a variance in accordance with the Zoning Ordinance, Article III, Scction 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: east side Love Lane, north side CR27, Mattituck, New York, bounded on the north by L. Hamilton; east by H. Swan- son, M. Long, E. Csiesak; south by CR27; west by Love "Lane. 7:55 P.M. (E.S.T.) upon application of Eastern Long Island Kampgrounds, Inc., 690 Queen Streel~, Greenport, ! New York for a special exeep- i~ tion in accordance ~yjth the Zoning Ordinance, Article 111, Section 100-30 C6 for permis- sion to erect off-premises di- rectional sign. Location of property: south side CR27, east side Chapel Lane, Green- port, New York, bounded on the north by CR27; east by A. Railroad; east by M. Sidor and Legion Avenue; south by Main Road; west by Associated East Lending CorD., Factory Ave. 8:25 P.~V~. (E.S.T.) upon ?p~cation o~Joseph J. Frohn- c JoSeph A. Esquirol, Jr., 1350 Lupron' ~ Point Road, Matiltuck, New York, for a variance in accordance' with the Zoning Ordinance, Article III, Section 100-32 for petrols- building in front yard ~rea. LOcation of property: Lupron Point Road, Mattituck, New York. bounded on the north by Right'°~-Way, M. Keisey; eas~ by B. Mason; south by Deep Hole Creek; west by B. Ma- 8:3O P'M"7'~-S T.) upon l°f application of Jo'Ann Talbot, ~ o~, Nassau Point Road ~,,~ COUNTY OF SUFFOLK SSt STATE OF NEW YORK Shedey Katz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, hes been published in said Long Island Traveler-Watch- man once each week for / weeks successively, commencing on the .~..¥!...~.. ...................... , Sworn to before me this /',~ day at w...,.../.. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE. NOTICE thor your opplication doted ............. : ...................................... , Ic) ........ for perm t to com~q'~- ......'..~,,~ ....... .( ....... T.~ .......... at the prem ses located at ...... /...Q .... T ............. -- ..... .................................... Street Map .................................... Block , ' ............................................ Lot ........................................ q ~s ~Q . e- er~-wit an d,ksapproved on~l~e, following grounds ...... i .............. ,~ .......................... ;-~ /A · ' ~ ~ ,~ - ,'x ' ' " ?~, " ' ...... ~ ........... =; .................................................. ~ ......... ,: n. .. . . . ~. . .~ ....... , .~. . . . , ~. . . . . ,6. . . ......... ~..'2::L,...~ ........... 2:.~ ............. ~...~L_~ .... ' Building Inspector TOWN OF D, NEW YORK APPEAL FROM D~ SION OF BUILDING INSPECTOR APPEAL NO.~ o-,-? TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)...~.~..~..~.$~..;.....~.~ ....... of ..... ~O~.~..~ ...................................................... Name of ~pella,nt Street and Number ............................ ~[~.~$~ .................................................... ~.~., .......... HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ........................... : ......... DATED ..........~.0.~......2.8. ....... .1.c~.~. .......... WHEREBY THE BUILDING INSPECTOR DENIED .TO Watte~ & Ms' ' ..... ............ .-. ........... z ......................... Name of Applicant for permit of .¢. ........................................................................................................... Street and Number Municipality State PERMIT TO USE pERMIT FOR QCCU?ANCY ..... Permit to divide property& sea:off !at,tess than 40~000 S~F~ area 1. LOCATION OF THE PROPERTY ...E,/~..~..o.y,e....~f.:r.3,f~ ............................................ ]~--..!. ................ Street Use District on Zoning Map Map No. Lot No. M~ttitue$ N.Y. 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.) Art Iii s~e_at~on 1~-3n ,~ w~.~- ~.~ ...... ~-~_ Art VII 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to-the-Zoning O~dinance 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 Drevious appeal (ll~;:~has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeaJ was ( ) request for o 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 ~or'the reason that ~e ~i~ to set o£f our northerly dwelling ~-it~ a re-adjusted property line as a one family dwelling & lot. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLiCATiON OF THE ORDINANCE would produce practicaidifficuJtJesorunneces- sory HARDSHIPbecause~ The property has existed many years with same sewer system~ and we wish to set the house & garage off on a seperate lot ~¢~2dimg the sewerage syatem as shown om s~rvey by VamTmyl dated Nov° 8 1977 2. The hardship created is UNIQUE and is not shared by ofl properties alike in the immee'ote vicinity of this property and in this use district because.' ~y ho~se to the nort~ o~ the Creek~ amd we ow~ the lot zzo~tz~g o~ ~o~e Lane and C~?~ which we wmsn to leave ~asxs. ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The house a~d garbage will be ~sed as a o~e family dweliing by the mew owmers~ STATE OF NEW YORK ) i . ~' COUNTY OF ~2~Z'~OZ~ ) Sworn to this .................. .~,~ ........................ day of ................. ~TC~?~D~. ................... ~9 ~ ............................. ~ARY E. DA~SO~ N~ARY P~BHC, State o~ New York Term ~es ~arc~ ~, [9~ County DqparCnent of Pl~,ing Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, N~f York 11787 To~n of Southold Bbard of Appeats ': January'3,' 1978 Pursuant to the requirements of Section~ i323 to 1332 of the Suffolk County. Charter. the following applications which have been referred to the Suffolk County Planning Co.~mtssion are conside=ed to be a matter for local determin- ation. A decision of local deter~/nation should not be construed as either an approval or a disapproval. Applicant Municipal File l~umber Edward & Kathryn'Robedee Jo Ann Talbot Josep~ A. Esquirol, Jr. Advent Lutheran Church 'Eastern Long. Island Kampgrounds .Alexander Robinson, Jr. Walter & Marilyn Gatz Meyer Rosenberg 2370 2371 2372 2374 2375 2376 2377 2379 CCII'- fp Very truly yours, ~ee E. Koppelman Director of Planning C TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ..... Bo~trd. Elf .Apple&Is ............. of the town of...~O~Q[(~ .................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes Walter & Marilyn Gatz Love Lane Mattituck, NY 11952 ................ Special permits x ................ Variances Location of affected land: ....e&slt,..Si~e...Lo.Y.e...Lazle.,...Ma:l;ti.tuok~../~Ty ....................................... within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ....... ,.X. ...... State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: The applicants were granted permission to divide property with insufficient width and area. D. Dec. 27, 1977 ate: ................................................... Robert W. Gillispie, Jr. Chairman Date received by Suffolk County Planning Commission .................................................................................... File No ................................. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 December 2, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2377, application of Walter & Marilyn Gatz for a variance. Also included is notice to adjoining property owners: Mrs. Mildred Long, Maiden Lane, Mattituck Mr. Herbert E. Swanson, P.O. Box 238, Mattituck Mrs. Lloyd Hamilton, Love Lane, Mattituck BOARD OF APPEALS, TOWN OF $OUTHOLD In the Matter of the Petition of : Walter & ~rilyn Gatz : to the Board of Appeals of the Town of Southold : TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: v_=_r~ ). 2. That the property which is the subject of the Petition is located adjacent to your property antis' des- cribed as follows: 'hit T_~_-T4'~m'i1 t. nn Rn'l-. El Long & Others ~: Gntz W: Love Lane (3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Set off dwelling and garage on lot of less than ~0~000 Sq Ft area and adjusted North line .5. That the provisions of the South_o..Id Town Zoning Code applicable to thee .relief s~ough, t by.th,e signedare: Art III section 100 30 & Bulk scheduTe as app±lcab±e ~o Ar~u~' 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Nov 28 ' 1977 Petiti/of er Post PROOF OF MAILING OF NOTICE NAME ADDRESS TO (8treet or P.O. B~x) 20982 SS.: r-'~ ~ / ~ ~s · ~lame~,' u,~L meduu,c~c~secupposit~ .,~mes Ot~s~ic[ persons are the addres~ ~ ~mo persons as shown on the current assessme0t ~oll of the Town of Southold; that said Notic~ were mailed at the United Stat~ Post ;that said Notic~ were mailed~to each of .~ by Sworn to b~ore me thi~ ~ ~ day of ~~19 ~ ~ ~ N~ta~y Public JUDITH T. TERRY No~a~ Public. ~[nte of Naw York No. 52-0344963 ~uf:olk CounW ~mmission ~pires March 30~ \ \