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Home My WebLink About2249 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZOOminG BOAILD OF A~PEAL$ AppealNo. 2249 Dated February 1, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To ~David and Hermine Horton (Gary Olsen, Esq.) New Suffolk Avenue New Suffolk, NY 11956 DATE..~.~.t...~.?, 1977 Appellant at a meeting of the Zoning Board of Appeals on February 17, 1977 was considered and the action indicated below was t~ken on your ( ) Request for variance due to lack of aecess to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined th~ a special exception ( ) be grauled ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decis~n of the Building Impecinr ( ) be reversed ( ) be co~irmed because 9:30 P.M. (E.S.T.) upon application of David and H ~exmine Horton, New Suffolk Avenue, New Suffolk, New York for a ~ariance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off 10t with existing dwellings. Location of property: south side New Suffolk Avenue and north side Jackson Street, New Suffolk, New York, bounded on the north by New Suffolk Avenue, east by now or formerly Kappel and others; south by Jackson Street; west by Rudeck. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties 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) change the character of the district because (would not) SEE REVERSE 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 ( ) be reversed. SEE REVERSE FORM ZB4 /~ / /~ Z~NING BOARD OF _ [ O APPEAL8 After investigation and inspection the Board finds that the applicant requests permission to set off lot with existing dwellings, south side New Suffolk Avenue and north~side Jackson Street, New Suffolk, New York. The findings of the Board are that this situa- tion existed prior to zoning. 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, David and Hermine Horton, New Suffolk Avenue, New Suffolk, New York, be GRANTED permission to set off lot with existing dwellings, south side New Suffolk Ave- nue and north side Jackson Street, New Suffolk, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. ~.ECEIVED AND FILED BY THE $OUTHOLD TOWN DATE ~-/¥- 77 HOUR ID.'~o,~ ~e~n Clerk, Town of Southol~ LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and ~ne provisions 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 Office, Main Road, Southold, New York on Thursday, February 17, 1977, on the following appeals: 8:00 P.M. (E.S.T.) upon application of Charles Tramantano, 1850 Colden Avenue, Bronx County~ New York for 5 special ex- ception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (3) for permission to operate a used car sales lot. Location of property: south side Main Road, east of Skunk Lane, Cutchogue, New York, Road (Route 25); east by Horton; Scha~ann. 8:15 P.M. Gardner, Nassau bounded on the north by Main south by Horton; west by (E.S.T.) upon application of Arnold and Diana Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section !00~30 and Bulk Schedule for permzssion to set off lot with existing building. Location of property: west side Nassau Point Road, east side'Wunneweta Road, Cutchogue, New York; Lots $141 and 142, Map of Nassau Point Properties. 8:25 P.M. (E.S.T.) upon application of james J. Murphy, 3617 Johns Street, Wantagh, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-118 E for permission to enlarge an existing, non-conforming building. Location of property: north side Horton Lane, Southold, New York, bounded on the north by Long island Sound; east by A. Derosa~ south by Horton Lane Beach; west by Horton Lane Parking Lot. 8:40 P.M. (E.S.T.) upon application of Beatrice Eastman, Brown's Hills, Southview Drive, Orient, New York (William Price, Jr., Esq.) for a variance in accordance with the Zoning Legal Notice -2- Hearings: February i7~ 1977 Ordinance~ Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient setback. Location of property: west side Southview Drive, Orient, New York, bounded on the north by E. DeMaria; east by Southview Drivel south by F. Bondarchuk; west by now or formerly Tuthiil and Dyer. 8:50 P.M. (E.S.T.) upon application of David and Hermine Horton, New Suffolk Avenue, New Suffolk, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article iii, Section 100-30 and Bulk Schedule for permission set off lot with existing dwellings. Location of property: south side New Suffolk Avenue and north side Jackson Street, New Suffolk, New York, bounded on the north by New Suffolk Avenue; east by now or formerly Kappel and others; south by Jackson Street; west by Rudeck. ~ny person desiring to be heard on the above appeals should appear at the time and place above spec!zlvd. Dated: February 4, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, FEBRUARY 10, 1977, AND FORWARD FIVE (5) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOU_MOLD, NEW YORK. Copies mailed to the following on February 4, 1977: Charles A. Tr~antano Arnold & Diana Gardner James J. Murphy William Price, Jr., Esq. a/c B. Eastman Gary Olsen, Esq. a/c David & Hermine Horton 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, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, February 17, 1977, on the following appeals: 8:00 P.M. (E.S.T.) upon ap- plication of Charles Tramantano, 1850 Colden Avenue, Bronx County, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (3) for per- mission to operate a used car sales lot. Location of property: south side Main Road, east of Skunk Lane, Cutcbogue, New York, bounded on the north by Main Road (~oute 25); east by Horton; ~ by Ho~rton; west by Schaumann.' 8:15 P.M: (E.S.T.) upon ap- plication of Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for 0ermission to set off lot with existing building. Location of property: west side Nassau Point Road, east side Wunneweta Road, Cutchogue, New York; Lots No. 141 and 142, Map of Nassau Point Properties. 8:25 P.M. (E.S.T.) upon ap- plieation of James J. Murphy, 3617 Johns Street, Wantagh, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: Stuart C. Do.man ...................................... being duly Sworn, s~ys that . ..h~.... is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a news~per pubHsh~ ~ Gr~n~rt. in said county: and ~at the noti~, of which ~e ~e~ is ~ print~ ~py, ~s ~en published in the ~d Suf~lk W~k~ Times once in eoch w~k, for one (~) suc~ssively commencing on ~e tenth d~ of Febr~ 19 77 ..... ; ....... ~.~.~, ...... .. ~ c .......... 118 E for permission to enlarge an existing, non-conforming building. Location of property: north side Horton Lane, Soutbold, New York, bounded on the north by Long Island Sound; east by A. Detest; south by Horton Lane Beach; west by Horton Lane Parking Lot. 8:40 P.M. (E.S.T.) upon ap- plication of Beatrice Eastman, Brown's Hills, Southview Drive, .Orient, New York' (William Price, Jr., Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 10030 and Bulk Schedule for permission to construct addition with insufficient setback. Location of property: west side Southview Drive, Orient, New York, bounded on the north by E. DeMaria; east by Southview Drive; south by F. Bondurchuk; west by new or formerly Tuthill and Dyer. 8:50 P.M. (E.S.T.) upon ap-~ )lication of David and Hermine ~Iorton, New Suffolk Avenue, ~ew Suffolk, New York (Gary )lson, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with existing dwellings. Location of property: south side New Suffolk Avenue and north side Jackson Street, New Suffolk, New York, bounded on the north by New Suffolk Avenue; east by now or ~rmerly Kappel and others; south by Jackson Street; west by Rudeck. -~, Any person desiring to be heard LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordi- nance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Oflice; Main Road, Southold, New York on Thursday, February 17, 1977~ on the following appeals; 8:00 P.M. (E.S.T.) upon ap- plication of Charles Tramantano, 1850 Colden Avenue, Bronx County, New York for a special exception in accordance with the Zoning Ordinance, Article VI1, Section 100-70 B (3) for permis- sion to operate a used car sales lot. Location of property: south side Main Road, east of Skunk Lane; Cutchogue, New York, bounded on the north by Main Road (Route 25); east by Horton; south by Horton; west by Schau- 8:15 P.M. (E.S.T.) upon ap- plication of Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to set off lot with existing building. Location of property: west side Nassau Point Road, east side Wunneweta Road, Cutchogue. New York; Lots #141 and 142, Map of Nassau Point Properties. 8:25 P.M. (E.S.T.) upon ap- plication of James J. Murphy, 3617 Johns Street, Wantagh, New York for a variance in accordance with the Zoning Ordinance, Art- icle 111, Section 100-118 E for permission to enlarge an existing, non-conforming building. Loca- tion of property: north side Hot- ton Lane, Southold, New York, bounded on the north by Long Island Sound; east by A. Derosa; south by Horton Lane Beach; . west by Horton Lane Parking Lot. 8:40 P.M. (E.S.T.) upon ap- plication of Beatrice Eastman, Brown's Hills, Southview Drive, Orient, New York (William Price, .Jr., Esq.) for a variance in accordance with the Zoning Ordi- nance. Article II1, Section t00-30 and Bulk Schedule for permission to construct addition with insuf- ficient setback. Location of prop- erty: west side Southview Drive. Orient, New York, bounded on the north by E. DeMaria; east by Southview Drive; south by F. Bondarchuk; west by now or formerly Tuthill and Dyer. ~' 8:50 P.M. (E.S.T.) upon ap- plication of David and Hermine Horton, New Suffolk Avenue, New Suffolk, New York (Gary Olsen. Esq.) for a variance in accordance with the Zoning Ordi- nance. Article 111, Section 100-30 and Bulk Schedule for permission to set off lot with existing dwellings. Location of property: south side New Suffolk Avenue and north side Jackson Street, New Suffolk, New York, bounded on the north by New Suffolk Avenue; east by now or formerly Kappel and others; south by Jackson Street; west by Rudeck. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 4, 1977 BY ORDER OF COUNTY OF SUFFOLK / STATE OF NEW YORKI ss: FEB Sherley Katz, being duly sworn, says that she is on 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, has been published in said Long Island Traveler-Watch- man once each week for .......... J .............................weeks successively, commencing on the ..................... : .............. , 19../...~.. .......... 7 ................. 2z'"::'?7'z~::~-;;-./.....' ....... Z...~ ............ Sworn to before me this ..... /./.' .............. day of Notary Public ETHEL PALLADINa NOTARY PUBLIC. State of New York No. 52-4628953 Qualified in Suffolk County C~mm~,tcn Expire* March ~}0~ TOWN OF $OUTHOLD BUILDING DIEPARTM~NT TOWN CLERK'S O~:F:[CE SOUTHOLD~ N. Y. TOWN OF SOUTHOLD, NEW YORK · APPEAL FROM DECISION OF BUILDING INSPECTOR TOTHE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and'.Number ~'~ ......................................................... ~''~ ...... HEREBY APPEAL TO Municipality State APP'CATON EOR PERMT NO .......................... _ DATED ........ .¢... ) x) Nome of Applicant for permit of New Suffolk Avenue New Suffolk, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Area Yarianee I. LOCATION OF THE PROPERTY ~.~lJ~'.~lA.J~.c]r~Qn..Sf~r.l~;.A,qf, l..~.~..$~f.O,~..Ay.e,..]~ Suf£olkl Street Use District on Zoning Mop Agricultural / l{e$idential /V~OO No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section anc Paragraph of the Zoning Ordinance by number. Do not ouote the Ordinance.) Article Eli Section 100 - 30 End Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (:~) A VARIANCE to Tne Zoning Ordinance or Zoning Map A VARIANCE due ~o lack of access (State of New York Town Law Chap. 62 Cons Laws Art 6 Sec 280A Subsection 3 4. PRE~ IOUS 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 oermit , ~ request for a variance one 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 Form ZB1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces~ sory HARDSHIP because the subject premises is an oversize parcel compared to the o~er ~cels ~ the n~orhood and s~id panel fron~ on ~o stree~ i~ e~ J~ekso~ S~ee~ a~d Ne~ S~ffo~ Avenue~ The ~p~c~ seeks ~o d~de ~e s~bjee~ parcel ~ould ~ve ~o dwells as sho~ on ~%e s~ey snnexe~ hereto a~ ~ad~ 100 feeZ and ~e Sou~erty parcel ~d h~ve frontage on Jackson Street of 9T~ ~7 feet. ~e parcels ~ both the eas~ ~nd west of the s~o~ec~ pre~ise~ ~e of z Variance wo~d mesu!t in req~ring the app~c~ to have an oversize parcei~ ncf~ in keeping with ~he resi ~ ~he co~J~y, 2. The hardship created is UNIQUE and is not shared by aH properties alike in the immediate vicinity of this property and in this use district because the s~bj~: prez~ises is an oversized p~rcel twice the size of' the other pamcels to the east amd to the west, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the p~eels to be created wo~d be tn keeping with parcels to both the east and v~est and would be of similar size ~nd shape and the density wo~/d not be increased by the granting of ~he Variance~ STATE OF NEW YORK ) COUNTY OF S'UFFOT,~ SS Gary Flann~ 2E~rx~e I~or~o~ Signature Sworn to this lS~ day of l~ebr~y t9 77 Notary Public / JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE 765-3783 To: From: Re: to: JTT/~n February 7, 1977 Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of David & Hermine Horton for a variance-Appeal No. 2249 I have on file in my office notification by certified mail Iona Horton, New Suffolk, N.Y. Mr. & Mrs. Frederick Kappel, Box 628, New Suffolk, N.Y. Mr. & Mrs. Maximilian Rudeck, Box 16, New Suffolk, N.Y. BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : David and Hermine Horton : : 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) ~;~i~l~~C (the following relief: To divide pro.n~r~y into t:wn nnd,-wai~ pnwNe, l,qo ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows:North by New Suffolk Avenue: East by ~atnta nf Tr~nn T4n~-fnn nm,'1 Frederick Kappel: South by ,Ta~k.~on ,q~..raet; We,~t hy prnp~vfy nC ~,-: nna M"S. Rudeck. 3. That the property which is the subject of such Petition is located in the following zoning district: A ~T'~ ~.11] rural / Residential 4. That by such Petition, the undersigned will request the following relief: To divide the subject premises into two undersized parcal,~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are:Article [TI~ Section 100-30 and ~Bullc Schedule 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 ~l~r your representative have the right to appear and be heard at such hearing. David and ~r~ne~orton Dated: l~hr~m~y R:' 1~?'7 Petitioner C_~y Flanner Olsen, Esq. ~ Post Office Address Main Road. Matfdtuek; New Vn~k I 1 ~hnn~. 5~ R-P..qR.~R~4 PROOF OF MAILING OF NOTICE NAME Iona Horton Mr. and Mrs. Frederick Kappel ADDRESS New Suffolk, New York Box 628 New Saffolk, New York Mr. and Mrs. Maxirniliar~ Rudeck Box 16 New Suffolk, New York RECEIPT FOR CERTIFIED MAIL--30~ (plus postage) POSTMARK ISENTTO ORDATE jVlr. and Mrs. MP~d'm~l~n t~l~doc~c I STREET AND NO. - RECEIPT FOR CERTIFIED MAIL--30¢ (plus posta~,..- I SENT TO I POSTMARK rECEIPT FOR CERTIFIED MAILy0¢ (pluspOS~MARKPOStage) SENT TO OR DATE _]~On a Morton STREET ARD NO, -P.O., STATE AND ZIP CODE New Suffolk, New york . . .......· With del ye y to addressee only ............ ' PS Form 3800 Apr, 1971 NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See other side) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS,: Gary Flanner C)lsen . residing at Mattituek. New York , being duly sworn, deposes and says that on the 3vd day of February .19 7 7 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set Opposite their respective names; that the addresses'set opposite the names of said persons are the addresses Oq~aid persons as shown on the current assessment roll of the Town of Southold; that said Notices were maiieaVat the Unite. dtStates Post Of- rice at ~at;til;uck ; that said Notices wer~ mailed to each of said persons by (certified) (~) mail. ~ Sworn to before me this 3rd day of .'~ehvlmvy ,,.;19 77 / Notary Public M~Ci L.- ,', J~ No. 52-9703725 Suffo& County Comm. Expi~s March 30, 1970cr 13 9 4.1A(C) 400' 4 18.2 I.~A(c) NEW SUF AVl[. 1.3A (c) 2,9A(C} 9 2.0A( c 6 2.9 30 t.4A{ C I" 34 GREAT pECONIC o k34 ~- i SE[ BAKER. Legend t