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Home My WebLink About1746 TO~VN OF SOU~HOLD, ~E~V YORK ACTION OF THE ZONinG BOARD OF APPEALS Appeal No. 1746 Dated March 26, 1973 ACTION OF THE ZONING BOAKD OF APPEALS OF THE TOWN OF SOUTHOLD To Elsie Mastrosimone 355 Riviera Drive South Massapequa, New York DATE ...$.1~..x?..~.~....~9, 1973 Appellant at a meeting of the Zoning Board of Appeals on 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 Zor~ing Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was detemined th~ a ~ecial exception ( ) be gra~ed ( ) be denied pursua~ to ~ticle .................... S~t~n .................... Sub~rt~n .................... paragraph .................... of the ~ning Ordinance and the dec,ion of the B~ildteg I~pec~r ( ) be reversed ( ) be co~irmed~cause 8105 P.M. (E.S.T.), upon application of Elsie Mastrosimone, 355 Riviera Drive, South Massapequa, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permission to divide property with insufficient area a/id frontage. Location of property~ east side of Inlet Lane Extension (private road), Greenport, bounded north by M. Mastrosimone; east by Gull Pond~ south by 0afl Schaub; west by Private Road. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (wou/d not) produce hardship because practical clffficulties 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 P~'ERSE (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE KEVERSE (wo~d n~) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be corffirmed ( ) be reversed. FORM ZB4 SEE KEVERSE APPEALS After investigation and inspection the Board finds that applicant requests permission to divide property with insufficient area and frontage on the east side of Inlet Lane Extension, (private road), Greenport, New York. The findings of the Board are that applicant wishes to divide and sell the north 201.25t of frontage, fronting on private road - Inlet Lane Extension. The approximate total area of property so divided will be 32,000 sq. ft. including land ~nder water which was negotiated by the To%rn Trustees. The property remaining to ~rs. Mastrosimone will be 200 feet on Inlet Lane, the total area of which is sub- stan~ially in excess of an acre. 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 sb2~ed by all properties alike in the immediate vicinity of this preperty, 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 RESOLIr~D Elsie Mastrosimone, 355 Riviera ~k~ive, South Massapequa, New York, be GRANTED permission to divide property with insufficient area and frontage on the east side of Inlet Lane Extension (private road), Greenport, New York, as applied for. Vote of the Board: Ayes~- Messrs~ Gillispie, Bergen, Hulse, Grigonis, Doyen. 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, 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 April 19, 1973, on th~ following appeals: 7:45 P.M., (E.S.T.), upon application of Eugene D. McElroy, 465 Topsail Lane, Southold, New York, for a variance in accordance with the Zoning ordinance, Bulk Schedule, for permisslc to construct attached garage with insufficient side yard. Location of property: east side Topsail Lane, Southotd, Lot #43, Map of Leeward Acres, Southold, New York. 7:55 P.M., (E.S.T.), upon application of Archeological Association of New York, Main Bayview Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 C 6.(f) and Article XI, Section 1100, subsection 1, for permission to erect off premises directional sign on property of Southold Bayview Corp. Location of property: corner of Main Bayview Road and Route 25, Southold, New York. 8:05 P.M., (E.S.T.), upon application of Elsie Mastrosimone, 355 Riviera Drive, South Massapequa, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permission to divide property with insufficient area and frontage. Location of property: east side of Inle~ Lane Extension (private road), Greenport, bounded north by M. Mastrosimone; east by Gull Pond; south by Carl Schaub; west by ~rivate Road. Legal Notice Page 2 8:15 P.M., (E.S.T.), upon application of William E. Worthing~ Sound Avenue, Mattituok, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C5, and Article III, A 2(c), for permission to construct stable and keep horse with less than required area. Location of property: south side of Sound Avenue, MattitUck, bounded north by Sound Avenue; east by ~.R. Johnson; south by Jack Driscoll; west by Jack Driscoll. 8:35 P.M., (E.S.T.), upon application of Jules Adriaenssens, 1225 August Road, North Babylon, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to construct dwelling with insufficient setback or rear yard. Location of property; north side Lupton Point Road, Mattituck, bounded north by Elmer Ruland, Jr.; east by T. Dougherty; south by Lupton Point Road; west by Elmer Ruland, Jr. 8:45 P.M., (E.S.T.), upon application of Lloyd Terry, Main Road, Orient, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 BS, for permission ~o operate farm labor camp; location of proper~y: south side Main Road, Orient, bounded north by Main Road; east by Terry Estate; south by Terry Estate; west by Edward Latham. 9:00 P.M., (E.S.T.), upon application of Frank Knispel, Mill Road, Mattituck, New York, for a spedial exception in accordance w/th the Zoning Ordinance Article V, Section 500 B and Article VIII Section 800 B, for permission to erect four Legal Notice Page 3 unit motel. Location of property: south side Old Mill Road, Mattituck, bounded north by Old Mill Road; east by Stanley Naugtes; south by Alonzo F. Robinson; west by Alonzo F. Robinson. 9:15 P.M., (E.S.T.), upon application of Edmond Bok~na, 4505 Main Road, Laurel, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-8, for permission to operate farm labor camp. Location of property: north side of Main Road, Laurel, bounded north by School District 99 line; east by Cecil T. Young; south by Main Road; west by School District #11 property and Aldrich Lane. 9:25 P.M., (E.S.T.), upon application of Mattituck Inlet Marina & Shipyards Inc., Mill Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 C-6, for permission to erect off premise directional si~n on property of Eugene C. Sullivan. Location of property: south side of Cox Neck Road, Mattituck, bounded north by Cox Neck Road; east by P. Cerrito; south by Mattituok Creek; west by Cox Neck Road and Herman. 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, Suffolk Coonty, New York, public hearings will be hold by the Zoning Board of Appeals of the Town of Scutbeld, at the Town Office, Main Road, Southold, New York, on April 19, 1973, on the following appeals: 7:45 P.M., (E.S.T.), upon application of Eugene D. McElroy, 465 Topsail Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Bulk Schedule, for permission to construct attached garage with insufficient side yard. Location of property: east side Topsail Lane, Scuthold, Lot No. 43, Map of Leeward Acres, Southold, New York. 7:55 P.M., (E.S.T.), upon application of Archeological Association of New York, Main Bayview Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300 C 6(f) and Article XI, Section 1100, subsection 1, for permission to erect off promises directional sign on property of Southold Bayview Corp. Location of property: corner of Main Bayview Road and Route 25, Scuthold, New York. 8:05 P.M., (E.S.T.),~{ Mastrosimone, 355 Rivier~ '-' Drive, South Massapequa, NeY York, for a variance in ac cordance with the Zoning Or: 'Il dinance .~'ticle IH, Section 30! and Bulk Schedule, for per mission to divide property wifl ~r insufficient area and frontage Location of property: east side u Inlet Lane Extension (privat, road), Greanport, bounded nort! by M. Mastrosimone;.east b'. Gull Pond; south by Carl Schaub; ~west by Private Road. 9:15 P.M., (E.S.T.), upon application of william E. Wor- thington, Sotmd Avenue, Mat- ~ fituck, for a variance in ac- ~ cordance with the Zoning Or- m dinance, Article HI, Section 300 ,o C5, and Article III, A 2(c), for p p~n~ission to construct stable ~ and keep horse with less than · c required area. Location of property: south side uf Sound ~ Avenue, Mattituck, bounded m north by Sotmd Avenue; east by s.liE.R. Johnson; south by Jack ~ Driscoll; west by Jack Driscoll. ~a 8:35 P.M., (E.S.T.), upon ~application of Jules Adriaen- m~ssens, 1225 Augu~st_Road, North Babylon, New York, for 'a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to construct dwelling with insufficient setback or rear yard. Location of property: north side Lupton Point Road, Mattituck, bounded north by Elmer Ruland, Jr.; east by T_ Dou~hertv: south bY COUNTY OF SUFFOLK, STA-r~- OF NEW YORK, ~ ss: J ........ .S}.u.~.~;~..~: .9..o.~, ~ .............. being duly Sworn. says that ...h,e... is Printer and Publisher of t~e 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 the suid Suffolk Weekly Times once in each week, for ........... .o?.e ............. weeks successively commencing on the ....... ~.¥e..1.~.~.h ............ dayof ..... ~--~-.~ .'.. 9.7.3.~ Sworn to before m9 this ........... dw/' of., -. .............. l~., .~.~ ! - /"/ ..... ;-'.' .... :- .... .'-.. :. ........ Z.. NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the proviy of the Amended Building Zo~. dinance of the Town of Southold. Suffolk County, New York. public hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southo!d. New York. on April 19, 1973, on the fo]lowing 7:45 P. M.. CESTL upon appli- cation of Eugene D. McElroy. 465 Topsail Lane, Southold, New York, for a variance in accord- ance with the Zoning Ordinance, Bulk Schednle, for permission to construct attached garage with insufficient side yard. Location of property: east side Tops~il I~ne, ~outhold, Lot No. 43, Map of Leeward Acres, Southold, New York. 7:55 P. M., (EST), upon appli- cation of Archeologtcal Associa- tion of New York, Main Bayview Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Ar- ticle III, Section 300 C 6(f) and Article X-I, Section 1100, subsec- tion 1, for permission to erect off premises directional sign on property of Seuthold Bayview Corp. Location of property: car- ncr of Main Bayview Road and Route 25, Southold, New York. 8:05 P. M., (E~), upon appli- cation of El~ie Mastrosimene, Riviera Drive, ~outh Massapequa, New York, for a variance in ac- cordancc with the Zoning ordi- nance, Article n-I, Section 301 an-d Bulk Schedule, for permis- sion to divide property with in- sufficient area end frontage. Lo- cation of property: east side of Inlet Lane Extension (private roadl, Oreenport, bounded north by M. Mastrosimone; east by Gull Pond; south by Carl Schaub west by Private Road. cation of William E. Wol~hlng- ton, Sound Avenue, Matlituck, for a variance in accordance with 'the Zoning Ordinance, Article III, Section 300 C5, and A~%icie III, A 2(c), for permission to construct stables and keep horse with less than requfired area. Location of property: south side of Sound Avenue, Mattituck, bounded north by Sound Avenue; east by E. R. Johnson; south by Jack Driscon; west by Jack Dris- 8:35 P. M., (EST), upon appli- cation of Jules Adriaenssens, 1225 August Road, North Babylon, New York, for a variance in ac- cordance with the Zoning Ordi-' nancc, Article III. Section 303 and Bulk Schedule, for p~rm!s- sion to construct dwelling with insufficient setback or rear yard. Location of property; north side Lupton Point Road, Mattituck. bounded north by Elmer Ruland. Jr.; east by T. Dougherty; south by Lupron Point Road; west by Elmer Ruland, Jr. COUNTY OF SUFFOLK ) STATE OF NE"~V YORKt ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper 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 Troveler-Mottituck Watch- man once each week for ....... ~.~....(.~..4,weeks/" successively, commencing on the ............... ./...~. ................ day of ......... ~ ...... 19.' ~-.~ .~"~-- .......... ....: ........... .......... Sworn to before me this ........ d.~... ....... day of FORM ~0. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL · o .... PL~SE TAKE NO~ICE that your apphcat~on dated ................................ w .................. , 19 ........ .:~ ~- d~sapproved on the following grounds .....~ .................................................... ......... ~>~....~ ................ ~:....~..,..~ ............ ................................................................................ ~ .... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEALNO. * - : DATE ...... Z.~..~..~.~.. TO THE~ZONIN~ BOARD OF APBEALS, TOWN CSF SOUTH(bLD, N. Y. ~ ~l~me of Appellant Street hnd Nhmber ~.~c Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR" ON APPLICATION FOR PERMIT NO ..................................... DATED ....... .~./.~,~.t..~.~. .................... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ) Name of Applicant for permit of 355 Riviera Drive, South ~VIassapequa, New York Street and Number Municipality State PERM iT TO USE PERMIT FOR OCCUPANCY L=OCATION OF THE PROPERTY ..~.~.~.~.r.~..h..e~.~Z~.e...~..d.`..~..n....e.~&...~.t....s..~..d..e....~.f"?..~y.~.~.~.9~¢..9D. Gull Pond, near 1V~anhanset Avenue, Street z'~ Use District on Zoning'Map :....N...e...w....Y...°.Y..k. ......................... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED ndicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number, Do not quote the Ordinance.) Arlicte Itl, Section 301 3. TYPE OF APPEAL Appeal is made herewith for (ZxZ) A VARIANCE tp, the Zoning Orqlinance or Zoning Map ~o set off and convey lot with less area requ ed. ( ) A VARIANCE aue to lack of access State of New York Town Law Chap, 62 Cons. Laws Art.~ 1 ~ Sec.' 280A"Subs~ction 3 e 4. PREVIOUS APPEAL A previous appeal- (~z~ (has not) been mCo~ withCrespect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special germit ( ) 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 as lo size o£ lot. is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPL CATION OF THE ORDINANCE wouId produce practica~ difficulties or unneces- sary HARDSHIP because Appli~ant and her deceased husband purchased a parcel wiCh 401.28 feet road frontage. They erected one-family house on ibc southerly 100 feet and-divided premises in 1968 so applicant had tiite to said home parcel; applicant and deceased husband owned middle 100 feei and deceased husband owned the northerly 201.28 feet. Then husband died suddenly so applicant now owns the whole 401~ 28 feet. Applicant wishes to sell the parcel for which variance is applied for es%ale lax purposes, 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this property and in this use district because Olher lots in vicinii~.~upon which homes are built are not so much in excess of forty thousand (40,000) square feel as would be applicant's if she could not convey lhe northerly 201.28 feet. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Other parcels in neighborhood are of comparable size~ With necessary side line spaces and 100 feet bet~ween applicant's house would not be crowding. Contains about 26,000 square feel of land and more land under water in accordance with boundary line agreement with the town. ELSIE WT ~ROSIMONE-~---~- /~/~ ~- STATE OF NEW YORK) ....... .B..~-!.....~ ~,~, ~'~ . ) SS ..%~..~~~..~.. .... COUNTY OF Suffolk ) Sworn to this .................... ..~,..,~.. .................. day of .............. .~.~.i .......................... 19 73. Notary Public ~O~i~Y I~L'FBL~C Sf~ie 0~ ~w No. 52-1~95a~0 3uffo~ Co~ ~