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Home My WebLink About2091 TO~YN OF SOUTHOLD, NEW YOKK ACTION OF ~E ZO~q~IG BOAI~D OF APPE~LS Appeal No. 2091 Dated November 26, 1975 ACTION OF TIlE ZONING BOARD OF APPEALS OF ~ TO%~rN OF SOUTHOLD To William J. Clark, Esq. a/c Theofanis Kyvernitis 17 Sound Beach Drive Mattituck, New York DATE DeC. 18, 1975 App~nant at a meeting of the Zoning Board of Appeals on December 18, 1975 was considered and the action indicato~ 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 ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was d~ermined that a spe~al exception ( ) be graded ( ) be de~ed pursuant ~ Artic~ .................... ~ction .................... Subsect~n .................... paragra~ .................... ~ the Zonlnf (krdinaure Md the decision of the Building Inspector ( ) be reverseq ( ) be confirmedbecau~ 7:45 P.M. (E.S.T.) upon application of William J. Clark, Esq. a/c Theofanis Kyvernitis, 17 Sound Beach Drive, 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 area and width. Location of property: Lot Nos. 117 and 118, Map of Captain Kidd Estates, Central & Inlet Drives, Mattituck, N. Y. Fee paid $15.00. 2. VARI/%NCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical 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 APPROVED ..~,/~ I~ ~ /ZONING BOARD OF APPEAL v ~a~o~le 2cDe~mo~ Secretary After investigation and inspection the Board finds that applicant requests permission to divide property with insufficient area and width. The findings of the Board are that applicant is surrounded by similar size lots in the Captain Kidd Estates subdivision, and it would be a hardship to the applicant if the Board were to deny this application; a denial would not be supported by the area. The Board agrees 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, William J. Clark, Esq. a/c Theofanis Kyvernitis, 17 Sound Beach Drive, Mattituck, New York, be GRANTED permission to divide property with insufficient area and width, Lots ~117 and 9118, Map of Captain Kidd Estates, Central and Inlet Drives, Mattituck, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. 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, a public hearing will be held by the Zoning Board of Appeals, at the Town Office, Main Road, Southold, New York, on December 18, 1975, on the following appeal: 7:45 PoMo (E.S.T.) upon application of William J. Clark, Esq. a/c Theofanis Kyvernitis~ 17 Sound Beach Drive, 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 area and width. Location of property: Lot Nos. 117 and 118, Map of Captain Kidd Estates, Central & Inlet Drives, Mattituck, N. Y. Any person desiring to be heard on the above appeal should appear at the time and place above specified. Dated: December 5~ 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, December 11, 1975, AND FORWARD ONE (1) A=~FIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on December 5, 1975: Suffolk Weekly Times Long Island Traveler-Matti%uck Watchman Supervisor Albert M. Martocchia William J. Clark, Esq. a/c Theofanis Kyvernitis LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zofie Ordinance of the Town of Southold, New York, a public hearing will be held by the Zoning Board of Appeals, at the Town Office, Main Road, Seuthold, New York, on December 18, 1975, on the following appeal: 7:45 P.M. (E.S.T.) upon ap- plication of William J. Clark, Esq. a-c Theofanis Kyve/'nitis, 17 Sound Beach Drive, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient area and width. Location of property: Lot Nos. 117 and 118, Map of Captain Kidd Estates, Central & Inlet Drives, Mattituck, N.Y. Any person desiring to b~ hea on the above appeal should ap- pear at the time and place above specified. Dated: December 5, BY ORDER OF BOARD OF APPEALS I~TDll COUNTY OF SUFFOLK, STATE OF NEW YORK. ~ ss: Sl:ua~'l: C. Docman ...................................... being duly Sworn, scrys that . .tl~ .... is Printer and Publisher of ~e SUFFOLK WEEKLY TIMES, a news~per publish~ ~ Green~rt, in said county; and ~=t the noti~, of which ~e ~e~d is ~ print~ ~py, has ~en published in the ~d Sufblk Week~ Times once in e~ch week, for ....... ~9~..{~.) ........... w~ks suc~ssiv~ly commencing on ~e ...... ~.~Y. qg~ ......... Sworn to ~fore me this . ./~ ...... ....... .............. ..... ..... LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Tbwn Law and the pro- visions of the Amended Build- ing Zone Ordinance of the Town of Southold, New York, a public hearing will be held by the Zoning Board of Appeals, at the Town Office. Main Road. Southold. New York, on De- cember 18, 1975, on the follow- ing appeal: 7:45 P.M. (E.S,T.) upon application of William J. Clark, Esq. a/c Theofanis Kyvernitis, ~7 Sound Beach Drive, Matti- tuck, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to divide property with insufficient area and width. Location of property: Lot Nos. 117 and 118, Map of Captain Kidd Estates, Central & Inlet Drives, Mattituck, N.Y. Any person desiring to be heard on the above appeal should appear at the time and place above specified. Dated: December 5, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-12/ll COUNTY OF SUFFOLK ~ STATE OF NEW YORKt ss: Sherley KarT, being duly sworn, soys 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, has been published in said Long Island Traveler-Watch- man once each week for ............ ,-/. ......................... weeks successively, commencing on the ....... /.L ............................ day o, ............. Sworn to before me this ...... ./.~-~ ...........day of Notary Pul~c FORM NO. ~ ~ ~ TOWN OF SOUTHOLD TOWN CLERK'S OFFICE 5OUTHOLD, N. Y. TOWH OF $OUTHOLD, HEW YOP, K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ C,; ~ 'FO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ................ of ........................ Name of Appellont Street and Number ~ia~t i~uck ~ ~ Y. ......... ' ................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUtLDIN~ INSPECTOR ON APPLICATION FOR PERMIT NO .................................... DATED ............... ~.{..fL~.~..A~. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street ~nd Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~ ( 1. LOCATION OF THE PROPERTY ..0.em~r. al..,~..~T~-l.e,.¢. ............. '].~]3;...D..~.¥..~. ............................. Street Use District on Zoning Map ..... v.~p.b,~..X~,~..~.tP~.S ......... L.!~....A.......:..8..... 0e~tr~! Drive ~ ~ttituok /V~ap 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 Ordi,nance.) :~t~ I~± £ec. JO0-30 & Bulk Sa2eduze 3. TYPE OF APPEAL Appeal is mqde herewith for (~Z~ A VARIANCE to the Zoning Ordin.ance or Zoning Map ( ) A VARIANCE due to leck 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 ~ppeal was ( ) request for a special permit ( ) request for a variance ond was mode in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that property oonsists o£ ¢'n~'ee lots on ~ ~'±led map~ one lot No,fi46 is improved by a o~ze-£amily dwe!ling~ The other lots are unimproved amd can, not be utilized by the present (Continue on other side) C O REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sob HARDSHIPbecause the upkeep and maintainanae of the uninproved lots would create a burden to the owners as they are retired and intend to offer the lots for sale. 2. The hardship crea~dis UNIQUEandisnotshared by all prope~ies alike in the immediate vicinity ofthisprope~y and in this use district because the unimproved lots have no economic value unless they are divided into separate units. All three lots were originally in single and separate ownership. They were purchased by the present owners individually at various times; to wit lot 1J6-July 1963,.lot 117-October 1958 and 118-January 1957. Each lot has a frontage of 90 feet. The surrounding lots in the area vary in size~from 90 feet to 103 feet. 3. The Variance would obse~e the spirit ofthe O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because many one-family dwellings are now on 90 foot lots and granting the variance would comply with the or- iginal scheme of the development and would not adversely affect the public safety, health or welfare of the community. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK') SS Sworn to this ................... ,2.,1..s..t. .................. day of ....... .N...o..v..e...m..b..,e.,r. .............................. 19 75 ' - ,~' Notary Public NOTARY PUBLIC, S~te of New Yeti No. ~2-5712500 ??ualified in Suffolk Counh~ ~m Expires March :~0, I~ SOUTHOLD, L. I., N. Y. November 28, 1975 To .' Southold Town Zoning Board of Appeals From: Judith T. Boken, Town Clerk Re.' Application of Theofanis Kyvernitis for a variance. to -- I have on file in my office notificationJby certified mail Harry Constantine, Inlet Drive, Mattituck, N.Y. & Thomas Constantine, 114 Ernest Street, No. Massapequa,N.Y. 11758 Judith T. Boken Town Clerk N T ~4 T I00 District IGO ofhcr'wi~ 8hOv, tn,~: t~ILED