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Home My WebLink About2230 �h.cr,c�"r�c�" / TOWN OF SOUTHOLD, NEW YOREDATE 12/ 22 76 ....................... ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2230 Dated November 12 , 1976 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Richard E. Olmsted Ruth V. Haas Appellant 1050 Meday Avenue and Route 27A Mattituck, NY 11952 Mattituck, NY 11952 at a meeting of the Zoning Board of Appeals on December 22 , 1976 the appeal 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 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 ( ) brr confirmed because 7 :55 P.M. (E.S .T. ) upon application of Richard E. Olmsted, 1050 Meday Avenue, Mattituck, New York and Ruth V. Haas, Route 27A, Mattituck, New York for a variance in accordance with the Zoning Or- dinance, Article III , Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width. Location of property: Westphalia Road, Mattituck, New York, bounded on the north by now or formerly Garelle; east by Mattituck Creek; south by now or formerly Mary MacNish; west by Westphalia Road. 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 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. AppR QED SEE REVERSE j ZONING BOARD OF APP FORM ZB4 I p p eats Chai an After investigation and inspection the Board finds that the applicant requests permission to set off lot with insufficient width, Westphalia Road, Mattituck, New York. The findings of the Board are that 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 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, Richard E. Olmsted, 1050 Meday Avenue, Mattituck, New York, and Ruth V. Haas, Route 27A, Matti- tuck, New York be GRANTED permission to set off lot with insuffi- cient width, east side Westphalia Road, Mattituck, New York, as applied for, subject to the following conditions: 1. The applicants shall create and improve a right-of-way from Westphalia Road to the northerly lot to the extent of 15 ' with bank run where necessary, subject to approval of the Building Inspector. 2. The site plan is subject to approval by the Planning Board. Vote of the Board: Ayes: - Messrs : Gillispie , Bergen, Hulse, Grigonis. LEGAL NOTICE Pursuant to Section 267 of the Town Law and the provisions f of the Amended Building Zone Ordinance of the Town of Southold, { j( New York, public hearings will be held by the Zoning Board of 'f Appeals at the Town Office, Main Road, Southold, New York on Wednesday, December 22 , 1976, on the following appeals: 7 :55 P.M. (E.S.T. ) upon application of Richard E. Olmsted, 1!! 1050 Meday Avenue, Mattituck, New York and Ruth V. Haas, Route 27A, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III , Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width. Location of property: Westphalia Road, Mattituck, New York, bounded on 4 the north by now or formerly Garelle; east by Mattituck Creek; south by now or formerly Mary MacNish; west by Westphalia Road. iE 8 : 05 P.M. (E.S .T. ) upon application of Henry C. Scherz , 37 Lotus Lane, Westbury, New York for a variance in accordance III I l with the Zoning Ordinance, Article III , Section 100-30 and Bulk Schedule for permission to divide property with insufficient area. Location of property: south side Pinetree Road, Cutchogue, New York; part of Lot 0124 , Map of Nassau Farms. f 8 :20 P.M. (E.S.T.) upon application of Constance Klapper, �jP.O. Box 291, Cutchogue, New York for a variance in accordance with the Zoning Ordinance and the Town Law, Section 280A for approval of access. Location of property: private right-of-way, north side Oregon Road, Cutchogue , New York, bounded on the nort3 j by Long Island Sound; east by David Digman; south by now or �i formerly Zuhoski; west by now or Formerly Shelley. {{j Any person desiring to be heard on the above appeals j should apppear at the time and place above specified. j Dated: December 10, 1976 BY ORDER OF THE SOUTHOLD TOWN ; �Y Ii BOARD OF APPEALS if f( E I If I; Legal Notice -2- Hearings : December 22 , 1976 i fill t PLEASE PUBLISH ONCE, DECEMBER 16, 1976 , AND FORWARD THREE (3) i AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS , i MAIN ROAD, SOUTHOLD, NEW YORK. C l l Copies mailed to the following on December 10 , 1976 : Richard E. Olmsted Ruth V. Haas Henry Scherz I Constance Klapper i i t ii I I E I I � II f' i l� 2 { i !i ! 6l 1f1f`i`j 4f4 ' 3I LEGAL NOTICE Pursuant to Section 26' f the Town Law and the pros .is 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 Wed- nesday, ed- COUNTY OF SUFFOLK, ) n December 22,1976,on the STATE OF NEW YORK, sa: following appeals: 7:55 P.M. (E.S.TJ upo ap- plication of Richard E. Olmsted, Stuart: C. Dorman being 1050 Meday Avenue, Mattituck, . . . . . . . . . . . . ' . . ' ' ' ' ' ' ' ' ' g duly Sworn, New York and Ruth V. Haas, says that . . .h�. , is Printer and Publisher of the SUFFOLK Route 27A, Mattituck, New York for a variance in accordance with WEEKLY TIMES, a newspaper published at Greenport, in said the Zoning Ordinance,Article III, Section 100-30 and Bulk Schedule county. and that the notice, of which the annexed is a printed for permission to set off lot with insufficient width. Location of copy. has been published in the said Suffolk Weekly Times property: Westphalia Road, pace in each week, far , _ One (1) Mattituck,New York,bounded on . . . . . . . . . . . . . . . . . . . . . . . . . weeks the north by now or formerly successively commencing on tate .$1XV PUth Garelle; east by Mattituck . . . . . . . . . . . . Creek; south by now or formerly day of . . . . .-. ;December. . . . 1y76• . Mary MacNish; west by West- j - phalia Road. I % LEGAL NOTICE Pursuant to Section 267 of the COUNTY OF SUFFOLK Town Law and the provisions of SPATE OF NEW YORK ss' the Amended Building Zone Or- dinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Sherley Katz, being duly sworn, says that she is an Road, Southold, New York on Wednesday, December 22, 1976, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ( the following appeals: `1 a public newspaper printed at Southold, in Suffolk County; :55 P.M. (E.S.T.) upon ap-- pli ation of Richard E. Olmsted, and that the notice of which the annexed is a printed copy, 50 Meday Avenue- Mattituck, has been published in said Long Island Traveler-Watch- New York and Ruth V. Haas, Route 27A, Mattituck, New York man once each week for .............I.......................... weeks for a variance in accordance with the Zoning Ordinance, Article III, successively commencing on the ...... .,(.............................. Section 100-30 and Bulk Schedule for permission to set off lot with day of ....r....l..I!".�.')}...L� ................. 19..1.`.f... insufficient width. Location of property: Westphalia Road, Mat- tituck, New York, bounded on the north by now or formerly Garelle; .................................................................................. east by Mattituck Creek; south by now or formerly ary MacNish; west by Westphalia Road. 8:05 P.M. (E.S.T.) upon ap- plication of Henry C. Scherz, 37 Sworn to before me this .......1................ day or Lotus Lane, Westbury, New York i for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission to divide property r with insufficient area. Location of property: south side Pinetree � - Road. Cutchogue, New York; part ......�:<... ....................... Ailltic.... .. ..... of Lot N124, Map of Nassau Notary Farms. 8:20 P.M. (E.S.T.) upon ap- ETHEL PALLADINO plication of Constance Mapper, NOTARY PUBLIC, State of New York P.O. Box 291. Cutchogue, New No. 52-4623953 York for a variance in accordance Qualified in Soitclk County with the Zoning Ordinance and Commission ExPlros March 30, 1978 the Town Law, Section 280A for approval of access and lot with insufficient width. Location of property: private right-of-way, north side Oregon Road, Cutch- ogue, New York, bounded on the north by Long Island Sound; east bv.David Digman; south by now or formerly Zuhoski; west by now or formerly Shelley. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: December 10, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-12/16 FORM NO. 3 r i TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FileNoB. .....................................:.......................... .Date ............... . 0v....../..�...........7.....6 .. . , 19................. To ( ................................ ....... .................... ......................... .......:......:........................... p PLEASE TAKE �IOTI E thart� y�ouurr application dated ................. .......... ..4. ✓........ 19�... for permit to c5rrstPlct ..............'�......................at the remises located at ... .. ... .... .....:.. ' .................................................... Street Map ............. ................... Block ..........'\................. ........... Lot f.....) .....................�q............ is disapproved on the following grounds .......*-�'.(� /r' ................................................................................................................................................................ .. ...... 4 -...�.®.............3. ....c ... - S ' ................ ................. 4 Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. a a3 D DATE ......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l46- 1 �ypehww� �eOE?�+sP�% ee04'ffi -?Zt-c�.Eey �uCa. 1, (We) ...................................of ..:. .................................................. Name of Appellant Street and Number ................................I............................ .....^�:..f�.'...........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING I �7SPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ....... ./.1.../ /...1................... WHEREBY THE BUILDING INSPECTOR DENIED TO ................................................................................. Name of Applicant for permit of ...................................................................................................................... .......... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY t 1. LOCATION OF THE PROPERTY lP �®.. 'SS �C�{ ...,/U............................................... Street Use District on Zoning Map a ................................................................................. a `, Me No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of th Zon ng Ordinance by number JoJuote he Ordice.) 3. TYPE OF APPEAL Appeal is made herewith for ( V 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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (V'�) A Variance to the Zoning Ordinance is requested for the reasonthat Form zst (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pracflcal 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 observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIST RIC' because R i STATE OF NEW YORK ) ss ..... .. ... :.. ... 'c%� � ....: ........................... COUNTY OF ) Signature Sworn to this ............�� /��............... day of— ` . ................. 19 7/0 ...... Norary/�ublic NOTARY ?Ui'�!C, 5'a+ e of Naw Ycrro� No. 52.452225 - ; ;• Ccrm'rsio, t:Gi,es ,(v� "Oury OF K JUDITH T.TERRY TELEPHONE TOWN CLERK 765-3783 REGISTRAR OF VITAL STATISTICS Southold, L. L, N. Y. 11971 November 22 , 1976 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: Application of Richard Olmsted& Ruth V. Haas for a variance- Appeal No. 2230 I have on file in my office notification by certified mail to: Augustus C. Garelle, Westphalia Rd. , Mattituck, N.Y. 11952 Mary W. MacNish, P.O. Box 585 , Mattituck, N.Y. 11952 udith T. Terry JTT/bn Town Clerk Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11787 December 29, 1976 Board of Appeals Town of Southold Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determin- ation. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Dumber Richard E. Olmstead & Ruth V. Hass 2230 Constance Klapper 2232 Very truly yours, Lee E. Koppelman Director of Planning Y GCI]:fp C TOWN CLERK 765.3783 Building Dept. A FFPlanning Bd. 765-2660 Board of Appeals TOWN OF SOUTHOLD wq� ! 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 . . . . . . .Board.of. .Appeals. . . . . . . . . . . of the town of. . . Poythold. . . . . . . . . . . . . . . . . (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance Richard E. Olasted ................ Amendment to the zoning ordinance 1050 Meday Avenue Mattituck, NY ................ Zoning changes and ................ Special permits Ruth V. Haas CR27 ........X.... Variances Mattituck, NY Location of affected land: ...Weetphalia...Road.,...Mattitucka..Nx................................................. within 500 feet of: (check one or more) ................ Town or village boundary line,or shore line ................ 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 it Shoreline —Commen8: The Board granted this application subject to the condition that the applicant shall create a right-of-way to the northerly lot from Westphalia Road. The right-of-way shall be paved with bank run. Dec. , Date: ....................23...........1976.................... ................................................................................ (signed) Robert W. Gillispie, Jr. Chairman .. .............................................................. Title Date received by Suffolk County Planning Commission .................................................................................... File No. ................................ i BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Richard E. Olmsted and Ruth V. Haas NOTICE j to the Board of Appeals of the Town of Southold i TO: I 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) (6pu&dV6paciat lawfalt : to subdivide waterfront parcel into two waterfront lots with adequate area but insufficient width, to accomplish tax relief. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: the northern portion of the former Ruth L. W. Satterly Estate bounded on the west by Westphalia Road, on the north by Augustus C. Garelle on the east by Mattituck Creek, and on the south by Mary W. Mac Nish. 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: Permission to subdivide the above parcel into two waterfront lots with insufficient width. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: ajT �7j_z_ moo® 30 -:r /_f__Z.6 �p 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. i Dated: November 16, 1976 x4,e ew. Petitioner Post Office Address P. 0. Box 115 Mattituck, New York 11952 i i I 1 j i PROOF OF MAILING OF NOTICE NAME ADDRESS Augustus C . Garelle, Westphalia Road, Mattituck, New York 1195? Marg W. MacNish, P . 0. Aox 595, Mattituck, 'KTew York 1195? .dull or SIMOl), i 1 RECEIPT FOR CERTIFIED MAIL-30 t` SENT To o (plus postage) C �c N OR RK Q STREET AND f ccs o ..r� J P.O., STATE AI D ZIP CODE � �i RETURN 1. Skews to whom and door deliveM.. .23 OA RECEIPT ' With delivery to addressee only........ v�2. EMTs to wham,dots mrd weer! im"T!. 5 EFRVICFt With delivery to addressee only............ t J DELIVER TO ADDRESSEE ONLY ......................................................___ Q SPECIAL DELIVERY (ralro few ray„fired)................................... Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other site) ._ Ayr. 1971 NOT FOR INTERNATIONAL NAIL .CPO:1974 0-551-ee4 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: Richard E. Olmsted residing at 1050 Meday Avenue, Mattituck, IT Y. being duly sworn, deposes and says that on the day of November _' 19 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 of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Mattituck, N. Y. ;that said Notices were mailed to each of said persons by (certified) Oregistamik) mail. jGti�s.,JI � O 1 Sworn to before me this da of r 19 6 Notary Public I MANIA Wrlk 1fOTIJ1Y PUBLIC,State of New York gN dfflW IR Suffolk COUR" 61.3901926 comaw" rxplms March 111, 1977 4 .. _. i .. ... .. ... =L11 111 111 '1"J 11 IJINIL ... ..... 'I C>F PfOPtQf1/ NG6J GR 1'O ERS'/ OF THE ESTATE dF k"604 Si17TEkLV B2a' ?'fk Su�`K Nry T u Mq p 'StfGItEUNE Pei 14,07 sue✓Ev BY 1'A,v ruvc. V � J Ar Le �I 56 FT i N '► ll1 1+ I 1.//654 RiGNT-r1c-�/Hv ' 1 � I i a,,.. Eris nN4 1 T* I k �W4tiNG Q\ 1 76,6' F'ER SUFF�A ry N61/EM�SE� 9, 19'76 CSN 'AX MAP S65 r, NOTE: This is a s':ekh only: 1 , 54A Lar : 5-6 = / Property limensons, lo- cation, arod, e1c. arc subject to survey. —" ' i, _ NO. 107 `.°O� SEE SEC. NO. 107 c - LINE �O L 'MAJCH Z LINE i 2.041,, . `1 i r i ,1 SEE SEG NO. 139 n° 1. .e a. 4��/4� rJ.• �i S � W T I SVi eo 9.OA(o) o. r TOWN OF SOUTHOLD 154.6 A (c) (UNDERWATER LAND) ems. 9 x F xs' isol � - 4(C < e+ 2 e6 i°a 'O /34(c) a /O 2 A \ o. c8 3 w + (c) 6 4 / .o ha. .� sOU 4fc 23 3�4 /C - 4(c) q 4fc/ - i - 4(c) e (30 aao. e° I y, eo �L0 ,�. P J,. 4p - ]_Qa .SEE SEC. NO 141