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Home My WebLink About1993 TOWN OF SOuxliOLD, NEW YORK ACTION OF THE ZON]~NG BOARJ) OF APPEALS Appeal No. 1993 Da~ed December ACTION OF TIiE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To William J. Clark, Esq. a/c Wilfred & Anna Corwin Factory Avenue Mattituck, N. Y. DATE.~an......R., 1975 18, 1974 Appell~ut at a meeting of the Zoning Board of Appeals on January 9, 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 ( ) 1975 the appeal i. SPECIAL EXCEPTION. By res~ution of the Board it was determined that a special exception ( ) be gra~ed ( ) be de.ed pursuant ~ Article .................... Section .................... Su~ection .................... paragraph .................... of the Zoning ~din~ce ~d the dec.on of the Building I~pector ( ) be reversed ( ) be confimed becau~ 10:15 P.M. (E.S.T.) upon application of william J. Clark, Esq. a/c wilfred & Anna Corwin, Factory Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide odd shaped lot resulting in a reduction of public road frontage and area of remaiming lot. Location of property: Factory Avenue, Walnut Place, Sound Avenue, Mattituck, New York, bounded on the north by Yarrusso; east by Walnut Place; south by Corwin; west by Factory Avenue. Fee paid $15.00. 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 or unnecessary SEE REVERSE (b) The hardship created (is) (is 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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE R°vE so O RoARn ~ ~ ZO~L~N£ ' OF AP~ALS ~ ~~ Marjori/e McDermott, Secretary FORM ZB4 After investigation and inspection the Board finds that applicant requests permission to divide odd shaped lot resulting in a reduction of public road frontage and area of rem&ining lot located at Factory Avenue, Walnut Place and Sound Avenue, Mattituck. The findings of the Board are that the division requested would permit the leg fronting on Factory Avenue to be utilized by applicants and would square off the remaining area. The Board finds that many of the surrounding properties are 50 foot lots or less. 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 a/c Wilfred & Anna Corwin, Factory Avenue, Mattituck, New York, be GRANTED permission to divide odd shaped lot, as applied for, subject to the following condition: That this lot may not be used for a separate dwelling but may be used as an addition to applicants' property to increase the area of their lot. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. ~ Legal Notice ii Page 31 9:45 P.M. (E.S.T.) upon application of George Stankevich, Esq., a/c Edna Doll, Brown's Hills Estates, Orient, New York, for a variance' in accordance with the Zoning Ordinance, Article III, Section 100 30 and Bulk Schedule for permission to d~v~de lot with existing building with insufficient width and area. Location of property: North side Private Road-North Drive, for Location of property: bounded on the north by Long Island Sound; east by W. Johnson; south by North View Drive (Pvt. Rd.); west by Helen Haas. 10:~0 P.M. (E.S.T.) upon application of Richard Cron, Esq. Ivan T. Honnett, Orchard Street, New Suffolk, New York a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule to alter and rebuild dwelling on non=conforming lot with two existing dwellings. Orchard & Third Streets, New Suffolk, New York, bounded on the north by Orchard Street; east by Third Street; south by Helen Kapp; west by G. Lombardi. ~ 10:15 P.M. (E.S.T.) upon application of William J. Clark, Esq. a/c Wilfred & Anna Corwin,Factory Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide odd shaped lot resulting in a reduction of public road frontage and area of remaining lot. Location of property: Factory Avenue, Walnut Place, Sound Avenue, Mattituck, New York, bounded on the north by Yarrusso; east by Walnut Place, Corwin; west by Factory Avenue. 10:30 P.M. (E.S.T.) upon application of Rudolph Bruer, a/c Anne C. Lemley, Bay Avenue~ East Marion, New York for a ~variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with existing buildings with insufficient width and area. Location sQuth by ~ H~ARING~; ~to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Soulhold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of ~he Town of Southold, at the Town Office, Main Road, Southeld, New York, on January 9, 1975, on the following appeals: 7:4~ P.M. (E.S.T9 upon ap. plieatian of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VII, Section 100- 7O (B) (f) for permission to c~struct Body Shop on prOperty which may not be 300 feet from a residential zone on the Bray Avenue side of the streeL Location of property: N-S Main Road, Lam'el (Dist. 11), New York, bounded on the north by J. 0'council; east by A: Gondale; sonth by Main Road; west by J. O'Cormell. 8:18 P.M. (E.S.T.) upon ap- plination of Angelo Petrucci, Bay. Avenue (Skunk Lane), Cut- chague, New York for a variance Ordinance, Article III, Section 100-30 (C) and 1~0-32 for per- mission to construct private garage in the front yard area of the lot. Location of property: of Bay Avonue (Skunk Lane), bounded on the north by Bay Avenue (Skonk Lane); east byl other land of applicant; south by Broadwater Cove-Graham; west by other land of applicant. 8:30 P.M. (E.S.T.) upon ap- plication of Valentine Ruth IV, Rueh Lane, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 10030 and Bulk Schedule, and Section 100-12, for permission to construct drain sump which will reduce width of Lots 2 and 3. Location of property: Lots 2 and 3, Map of Shorecrest, south side CR 27, Southold, New York. 8:45 P.M. (E.S.T.) upon ap. plication of Beryl steadman, Sound Avenue, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 35~ for permission to ,construct front yard fence over four feet. Location of property: N-S Sound Avenue, Mattituck, bounded on the north by E. Gilles; east by H. Gilbourne; south by Sound Avenue; west by Long Island Lighting Company. 9:00 P.M. (E.S.T.) upon ap- plication of LeRoy and Martha Paol, 240 Billard Road, Cut- chogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 (C) (5) for permission to construct accessory building (stable) on existing foundation which is not in required rear yard area. Location of property: E-S Billard Road, Cutchogue, New York, bounded on the north by Stoutenberg; east by Heitman; south by Heitman; west by Billard Road. 9:15 P.M. (E:S.T.) upon ap- plication of Catherine W. Drake, 3050 Fairway Drive, Cutchogue, New York for a variance in ac- LEGAL NOTICE cordance with the Zoning Or- dinance, Article III, Section 100- 30 (C) and 100-32 (A) for per- mission to construct antenna mast of excessive height. Location Of property: Lot 16, Fairway Farms, Fairway Drive, Cutchogue, Ne~v York. 9:30 P.M. (E.S.T.~ upon ap- plicntien of Andrew Gsigano and Others, 162 Park Avenue, Beth- page, New York for a variance in accordance with the Zoning Ordinance rticle IIL Section 100-30 an~, Jeetion ~0A Town Law, for permission to divide lot and for approval of access because of lack of approved access. Location of properiy: R.O.W. off .northeast side of Westphal load, Mattituck, New York, ,~ounded on the north b'y Howard Creek; east by now or formorly Gimberoat; south by Penny & Schutt; west by Schutt and Others. 9:45 P.M. (E,S.T,) upon ap- plication of George Stankevich, Esq., a-c Edna Doll, Brown's Hills Estates, Orient, New. York, COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: J Section 100-30 and Bulk Schedule for permiss/on to divide lot with existing bulldirtg with insufficient width' and area. Location of property: North side Private Baad-North Drive, bounded on the north by Long Island Soand; onsi by W. Jolmson; south by North View Drive (Pvt. Rd,); west by Helen Hass. 10:~9 P.M. (E.S.T.) upon ap- plication of Rlehard Cron, Esq. a- c Ivan T. Honnett, Orchard Street; New S~ffolk, New York for a vm'lanee in aceardanea with the Zoning Ordinance, Article III, Section 100-81 and Bulk Schedule for I,~mission to alter and rebuild dwelling on- non- conforming lot with two existing dwellings. Location of property~ Orchard & Third Streets; New Suffolk, New York, bounded on the north by Orchard Street; east by Third Street; south by Helen Kapp; west by G. Lombardi. ~m 10:15 P.M. (E.S.T.) upon ap. plication of William J. Clark Esq. a-c Wilfred & Anna Corwin Factory Avenue, Mattituck, Ne~ 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 odd shaped lot I resulting in a reduction of public road frontage and area of remaining lot. Location of~ property: Factory Avenue, Walnut Place, Sound Avenue, Mattituck, New York, bounded on the north by Yarrusso; east by Walnut Place, south by Corwin; west by Factory Avenue. ~ 10:30 P.M..(E.S.T.) upon ap- plication of Rudolph Bruer, Esq. a-c Anne C. Lemley, Bay Avenue, East Marion, New' York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with existing buildings with fin- sufficient width and area. Location of prOperty: South side Bay Avenue, East Marion, New York, bounded on the north by J. Fazio; east by Private R.O.W.; south by Lobrowski and Heroy; west by Bay Avenue. Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: December 26, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS says that . .h?.... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is u printed copy, has been published in t'he said Suffolk Weekly Times once in each week, for One (]-) weeks successively commencing on the .S..e.c.q.n.d. ................. day of .... ~. ~.a. rt..u,a,~¥;' *)' '-~ ...... 19..7.5. f. .,. ............... Sworn ~o before me this .. :.~. ...... 1 day .ot ~/~.£z~.-/. · ·/~lg~/J.. J 1'2 ..................... Clks. No. 52 9~66~50 ~1~,' Commission Expires March 30, 19/~ for a variance in acearihmce with · the zoding Ordinance, Articie IIl, · ....... .S..t:.l:~..~..t:..C.;...Dq.x"~m.a.~ .......... being duly Sworn, 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, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on January 9, 1975, on the following appeals: 7:45 P.M. (E.S.T.) upon ap- plication of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a ~/ariance in accordance with the Zoning Ordinance, Article Vll, Section 100-70 (B) for permission to construct Body Shop on property which may not be 300 feet from a residential zone on the Bray Avenue side of the street. Location of property: N/S Main Road, Laurel (Dist. 11), New York, bounded on the north~ by J. O'Ct;nnell; east by A. Goodale; south by Main Road west bv J. O'Connell. 8:15 P.M. (E.S.T.) upon ap- nlication of Angelo Petrucci, Bay Avenue (Skunk Lane), Cutch. ague, New York for a variance ir accordance with the Zoning Or. dinance, Article Ili, Sectior 100-30 (C) and 100-32 for per. mission to construct private garage in the front yard area al the lot. Location of property: of Bay Avenue (Skunk Lane', bounded on the north by Ba Avenue (Skunk Lane); east b other land of applicant; south by Broadwater Cove/Graham; west existing building with insufficient width area. Location of pro- perty: horth side Private Road- North Drive. bounded on the )UNTY OF SUFFOLK north by Long Island Sound; east ATE by W. Johnson; south by North OF NEW YORK View Drive (Pvt. Rd.); west by Helen Hass. 10:00 P.M. (E.S.T.) upon ap- plication of Richard Cron, Esq. a/c Ivan T. Honnett, Orchard Street, New Suffolk, New York for a variance in accordance with the Sherley KarT, being duly sworn, soys that she is on itor, of THE LONG ISLAND TRAVELER - MA'I-I'ITUCK ~TCHMAN, a public newspaper printed at Southold, 'Zoning Ordinance, Article III, Section l00-31andBulkSchedule Suffolk County; and that the notice of which the for permission to alter and rebuild hexed is o printed copy, has been published in said dwelling on non-conforming lot with twoexistingdwellings. Loca-ng Island Troveler-Mattituck Watchman once each tion of property: Orchard & Third //" / / Streets, New Suffolk, New York. ek for ( ' ~ / bounded on the north by Orchard . . Street; east by Third Street; south :cessively, commencing on the ............... .;...~i....~ .............. Sworn to before me this '~ day of ....................... ~. ............ i~.,:....'. by Helen Kapp; west by G. Lombardi. ' 10:15 P.M. (E.S.T.) upon plication of William J. Clark, esq. a/c Wilfred & Anna Corwin, Factory Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission to divide odd shaped lot resulting in a reduction of public road front- age and area of remaining lot. Location of property: Factory Avenue. Walnut Place, Sound · Avenue, Mattituck, New York,J bounded on the north by Yar-[ russoi east by Walnut Place;] south by Corwin; West by Factory~ Avenue. ~ J 10:30 P.M. (E.S.T.) upon ap- plication of Rudolph Bruer, Esq., ....... ~ ....... ............. ,. ...... ,..,../......,. .................... Notary Public / by other land of applicant, a/c Anne C. Lemley, Bay Ave- 8:30 P.M. (E.S.T.) upon ap- nue, East Marion, New York for a plication of Valentine Ruch IV, Ruch Lane, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Sched- ule, and Section 100-12, for per- mission to construct drain sump which will reduce width of Lots 2 and 3. Location of property: Lots 2 and 3, Map of Shorecrest, south side CR 27, Southold, New York. 8:45 P.M. (E.S.T.) upon ap- plication of Beryl Steadman, Sound Avenue, Mattituck. New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-35, for permission to construct front yard fence ov~r four feet. Location of property: N/S Sound Avenue, Mattituck, bounded on the north by E. Gilles; east by H. Gil- bourne; south by Sound Avenue; west by Long Islahd Lighting Company. 9:00 P.M. (E.S.T.) upon ap- plication of LeRoy and Martha Paul, 240 Billard Road, Cutch- ague, New York for a variance in accordance with the Zoning Ordi- nance, Article I11, Section 100-30 (C) (5) for permission to construct accessory building (stable) on existing foundation which is not in required rear yard area. Loca- tion of property: E/S Billard Road, Cutchogue, New York, bounded on the north by Stouten- berg; east by Heitman; south by Heitman; west by Billard Road. 9:15 P.M. (E.S.T.) upon ap- plication of Catherine W. Drake. 3050 Fairway Drive, Cutchogue, New York for a variance in ac- cordance with the Zoning Ordi- nance, Article 111, Section 100-30 (C) and 100-32 (A) for permission to construct antenna mast of ex- cessive height. Location of pro- perty: Lot 16, Fairway Farms, Fairway Drive, Cutchogue, New York. 9:30 P.M. (E.S.T.) upon ap- plif:ation of Andrew Galgano and Others, 162 Park Avenue, Beth- page, New York, fog a variance iL accordanc~ with tfi~ Zoning Ordi- nance, Article III, Section 100-30 and Section 280A Town Law, for permission to divide lot and for approval of access because of lack of approved access. Location of property: R.O.W. off northeast side of Westphalia Road, Matti- tuck, New York, bounded on the north by Howard Creek; east by now or formerly Gimbernat; south by Penny & Schutt; west by Schutt and Others. 9:45 P.M. (E.S.T.) upbn ap- plication of George Stankevich, Esq., a/c Edna Doll, Brown's Hills Estates, Orient, New York, for a variance in accordance with the Zoning Ordinance. Article 111. Section 100-30 and Bulk Schedule for oermis~ion to divide lot with variance in accordance with the Zoning Ordinance. Article 111, Section 100-30 and Bulk Schedule for permission to divide lot with existing buildings with insuffici- ent width and area. Location of property: South side Bay Avenue, East Marion, New York, bounded on the north by J. Fazio; east by Private R.O.'W.; south by Le- browski and Heroy; west by Bay Avenue. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated December 26, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-l/2 ........ ~;:er ,~;.:::~ 38, 191 ' TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ..~;.../....~/.../...~. 7~Z TO THE ZC)NI~I,~ BC),AI~.D Q.F APPEALS, TOWN OF SOUTHOLD, N. Y. ], (We)...?..?.?...~....~.-.....O..O....~_~.. ............................. of ....... ..~.~.C..~..O....Z~...A~ .................................. Name of AppelJant Street and Number ............ .~.~.~..~...~.~.O...~. ................................................................ ..~..*..~..r. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ^PPL,CAT,ON FOR ERM,T NO. DATED I t.. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ,, /) 1. LOCATION OF THE PROPERTY ~S.~;~t~ .$2k~.~...D~...~.p~C..o...~...~..e.., ...... !..~..~ Street Use District on Zoning Map ~atti~ck Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ~ection and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art III Bec ~0'l and Art X Sec fl000A 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE tc the Zoning Ordinance or Zoning Map (I ) A VARIANCE due to lack of access fSt~te of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (JI~I~) (has not) been made with respect to this decision df the Building Inspector or with respect to this property. Such oppeol was ( ) request for a sDecial ~ermit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOP~ APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance i~ requested for the reason that ].Ot:; fro~ts O~ 't;]::~ee s'bz-eet~, D-i~::L$-io:D. of prezzd, se~ wo~d permit leg f~on~i~g e~n Factory Avenue to be utilized by appticauts~ the adjoining property ow~ers~aud wo~ld s'~uare off remaining area. Continue on other side)_ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the leg fronting on ~actory Avenue approximately ~6 feet by 130 feet has little or no value or use ~,n!ess variance is granted ~ 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because originally the ~ by q30 foot section was Lu single and separate ownership. ~ny of the surrounding properties consist of fifty foot lots and less. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because originally area coilsisted of fifty foot lots and many one family dwellings are now on fifty foot lots. Therefore, granting the variance would comply with the original scheme of develop- ment and would not adversely affect the public safety, health and welfare of the community. COUNTY OF SUI~OLK ) ~/~'~_ l~ S'ign'gture Sworn to this .................. J..8..~...b: .................. day of....~.e...°..e...m..b...e.?......~i ......................... 197/'~ ~'ota ry Public ~/ILLIAM ~LARK ~l:TrA,~j' PUBLIC, S~afe of New YorJc No. $2-$712500 ~)ua~f~ed in Suffolk C~,'".~'~ Term Expires March 3~, //'4~'7 ~ TOWN OF SGUTHOLD BUILDING DIE PARTMErNT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. for permit to .:,r''~, .................... .~ ........... the premises located at ~op ............ ~:::: ..... Block ....... ~ ................... Lot ...... ~ .............................. is g.P-~z2q ............oncl_dlsapproved on the following grounds ...... ~....~ ....................................... ...~.~..~.~.~ .......~.......~....~ ~.~ ............... ~ ~.~....~ .................. ..... ~~.~.~..../..~.=.~..~ ....... ~~.~..~......~ ............................. Building Inspector WILLIAM J. CLARK December 21, 1974 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Gentlemen: Enclosed is application for variance and check for Also enclosed is survey of area to be separated from overall piece and sketch of overall area. Mr. and Mrs. Corwin have contracted with the Estate of Ada Williams to purchase the ~6 by 130 foot leg fronting on Factory Avenue adjoining their premises. WJC:ER Enclo. Very truly yours, William J. Clark $OUIVP NOT~: · ~ MONUM£NT nOW '30 ~' ilfr 40 W ~ .~WS~ONS YOUNG & YOUNG SURVEY FOR: · o .~ ~ ~,~ ~..~ ~o~ ~T MA~ITUCK ~UA., .~..o.. ~.. ~o ~.~ ~,~...~ :. ~.~ SUFFOLK C0., N, Y, "OT r. AnSF~.~aLE TO AOmTrO.AL SCALE: /- = 20' DATE: DEC. % No. ,.~,~u~ o.s o. ~u.~U~.T 0w..~. 1974 74- 849