HomeMy WebLinkAbout1766
TOWN OF SOU~HOLD, NE~ YORK
ACTION OF THE ZONI~I~ BOARD OF APPEALS
Appeal No. 1766 Dated May 7, 1973
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Rich~,,'d F. Mullen, Jr.
1835 Mill Creek Drive West
Southold, New York
Appellant
at a meeting of the Zonlr~ Board of Appeals on May 21~, 1973
was considered and the action indicated below was t~ken on your
( ) Request for variarme 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 EXCErPtION. By resolution of the Board it was determined that a special exception ( ) be
~ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 7~45 P.M. (E.S.T.), upon application of Richard F.
~ullen, Jr., 1835 Mill Creek Drive West, 8outhold, New York,
for a variance in accordance with the Zsning 0x~linance, Article
III, Section 301 and Bulk Schedule, for permission ts divide
property with less than required area. Locatio~ sf property~
west side Hebart Road and north side Korn Road, Southsld, New
York, bounded north by M~in RoadS east by Hobart RoadS south by
Korn Rs&ds and west 'by Mullen, Aksten, Zebroski, North Fork
~-k & Trust Co., Turton and Albers. Fee paid $15.O0.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
SEE REVERSE
difficultie~ or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by aH 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
SEE REVERSE
(would not)
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.
FORM ZB4
SEE REVERSE
, BoM o,
- '
~ ~n Board ~' Aphis
After investigation and inspection the Board finds that
applicant requests permission to divide property with less
than required area on premises located on the east side of
Hobart Road and north side of KornRoad, Southold. The
findings of the Board are that applicant proposes to create
two one half acre lots in an area where many of the lots are
considerably s~aller both to the west and to the south. The
Board finds that it would be an unueual hardship to deny this
application, and agrees with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or ,,nnecessary hardship;
the hardship created is unique and would not be sh~red by all
properties alike in the immediate ~i~inity 'of this property and
in the same use district; and the vari~uce will not change the
character of the neighborhood, and will observe the spirit of
the Ordinance.
THEREFORE IT~AS RESOLVED, Richard ~. Mullen, Jr., 1535
~Ltll Creek D~ive West, Southold, be GRANTED permission to divide
property w~th less than r~quired area located'on the east side
of Hobart Road and tho north side of Korn Road, Southold, Now
York, as applied for.
Vote of the Board~ Ayes~- Messrs~ Gillispie, Bergen, Hulse,
Grigonis.
L~GAn
Notice of Hearings
Pursuant to Section 267 of the Town 5aw 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 May 24, 1973, on the
following appeals:
7:45 P.M. (EoD.S.T.), upon application of Richard F. Mullen,
Jr., 1835 Mill Creek Drive West, Southold, New York, for a
variance an accordance with the Zoning Ordinance, Article iii,
Section 301 and the Bulk Schedule for permission to divide
with less than required area. Location of property:
we~t side Hobart Road and horth side Korn Road, Southold, bounded
north by Main Road; east by Hobart Road; south by Korn Road; and
wes~ by Mullen, Aksten, Zebroski, North Fork Bank & Trust Co.,
Turton and Albers.
8:00 P.M. (E.D.S.T.), upon application of Richard F. Muilen,
Jr., 1835 Mill Creek Drive West, Southold, New York, for a special
exception in accordance with the Zoning Ordinance, Article VII,
Section 700 B, Subsection 4, for permisslon expand a new and used
car lot. Lo~ati0n of proper~y: south side Main Road, east side
Hobart Road, Southoid, bounded north by Main Road; east by M~llen
others; south by Mullen; west by Hobart Road.
8:15 P.M. (E.D.S.T.), upon application of Lorraine W. Drury,
~38-71st Street, Apt. D-7, Brooklyn, New York, for a variance in
with the Zoning Ordinance, Article III, Section 301 and
the Bulk Schedule, for permission to divide lots with less than
~equ±red area. Location of property: Lots 22 and 23, Map of
Estates, Mattituck, New York.
Legal Notice
Page 2
8:30 P.M. (E.D.S.T.), upon application of John and Marie
Hughes, Jr., 24 Clearbrook Drive, Smithtown, New York, for a
variance in accordance with the Zoning Ordinance, Article III,
Seotion 301, and the Bulk Schedule, for permission to construct
dwelling on lot ~69, Map of Cleaves Point, Section iii, not on
approved list under Article XVII, Section 1702 of present Zoning
Ordinance or Article X, Section 1013 of old Ordinance. Location
of property: Lot $69, Map of Cleaves Point, Section III.
8:45 P.M. (E.D.S.T.), upon application of John and Marie Ball,
51 East 73rd Street, New York City, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 301,
and the Bulk Schedule, for permission to construct dwelling on
lot ~74, Map of Cleaves Point, Section III, not on approved list
under Article XVII, Section 1702 of present Zoning Ordinance or
Artacle X, Section 1013 of old Ordinance. Location of property:
Lot $74, Map of Cleaves Point, Section III.
9:05 P.M. (E.D.S.T.), upon application of Joseph P. Dunne,
Pine Neck Road, Southoid, New York, for a special exception in
accordance with the Zoning Ordinance, Article iii, Section 300,
B-14, for permission to conduct a yard sale on June 30, 1973;
rain date July 1, 1973. Location of property: north side Pine
Neck Road, Southold, bounded north by Muilen; east by Founders
Homes;south by Pine Neck Road; west by Oed.
9:10 P.M. (E.D.S.T.), upon app~idation of St. John's Lutheran
Church, Hicksville Road and Gail Drive, North Massapequa, New York,
for a special exception in accordance with the Zoning Ordinance,
Article III, Section 300, Subsection B-2 and B-4, for permission
Legal Notice
Page 3
to (1) have Mission Church; (2)
mission church and his family;
of church; and (4) have foster care of children by director
wife on emergency basis. Location of property: north side
View Avenue,CSouthold, bounded north by Great Pond; east by
D. Cuttle; south by Sound View Avenue; west by T. Martin, A.
Ranieri and others.
have residence for director of
(3) have retreat center for members
and
Sound
Martin
9:30 P.M. (E.D.S.T.), upon application of Cutchogue Methodist
Church, Main Road, Cutchogue, New York, for a special exception
in accordance with the Zoning Ordinance, Article iii, Section 300,
Subsection B-14, for permission to have yard sale on June 2, 1973.
Location of proper~y: north side Main Road, Cutchogue, New Yor~,
bounded north and east by Pawluczyk; south by Main Road; west
by Cemetery.
9:35 P.M. (E.D.$.T.), upon application of Arlene Dittmann,
Horton Road, Mattituck, New York, for a special exception in
accordance with the Zoning Ordinance, Article III, Section 300,
Subsection B-14, for permission ~o have yard sale on June 9, 1973;
razn date June 16, 1973. Location of property: north side Horton
Road, Mattituck, bounded north by W. Dittmann, east by right of
way and others; south by Horton Road; west by P. Meschino.
9:40 P.M. (E.D.S.T.), upon application of Ernest and Stella
Radford, Main Road, East Marion, New York, for a special exception
in accordance with the Zoning Ordinance, Article III, Section 300,
Subsection B-14, for permission to have a garage sale on July 7,
1973; rain date July 8, 1973. Location of property: south side
Main Road, East Marion, bounded north by Main Road; east by
K. Gardiner; south by G. Smith and others; west by W. Brooks Est.
Legal Notice
II Page 4
9:50 P.M. (E.D.S.T.), upon application of F~. and Mrs. John
McAlonan, Stillwater Avenue, Cutchogue, New York, for a special
exception in accordance with the Zoning Ordinance, Article Iii,
Section 300, Subsection B._-i4, for permission to conduct yard
sale on May 26, 1973; rain date June 2, 1973. Location of
property: east side Stillwater Avenue, Cutchogue, Lots %2 and
one half of ~3, map of M. S. ~and, Cutchogue, N.Y.
9:55 P.M. (E.D.S.T.), upon application of Cutchogue-New
Suffolk Historical Council, Main Road, Cutchogue, New York, for
a special exception in accordance with the Zoning Ordinance,
Article III, Section 300, Subsection B-i4, for permission to
have Outdoor Antiques Flea Market on July 7, 1973. Location of
property of Cutchogue Independent Congregation Society,
property: /south side Main Road, Cutchogue, bounded north by
Main Road; east Case Lane; south by S. Salter and others; and
west by Presbyterian ~arsonage.
10:00 P.M. (E.D.S.T.), upon application of Muriel H. Schwab,
Post O~fice Box %76, Nassau Point Road, Cutchogue, New York, for
a special exception in accordance with the Zoning Ordinance, Articl
III, Section 300, S~bsection B-14, for permission to conduct
garage sale on May 26, 1973; rain date May 27, 1973. Location of
!property: north side Nassau Point Road, Cutchogue, New York,
lot %86, Map of Nassau Point Properties.
10:05 P.M. (E.D.S.T.), upon application of Stanley Pooie,
9475 Main Road, East Marion, for a special exception in accordance
with the Zoning Ordinance, Article III, Section 300, Subsection B-1
for permission to conduct yard sale on May 28, 1973. Location
of property: north side Main Road, East Marion, New York, bounded
north by R. Long; east by S. Moratis; south by Main Road; west
by J. Jetter Est.
Legal Notice
Page 5
I0:10 P.M. (E.D.S.T.), upon application of East Marion Baptist
Church, Main Road, East Marion, New York~ for a special exception
an accordance with the Zoning Ordinance, Article III, Section 300,
Subsection B-14, for permisszon to conduct food sale and sale of
quilts, etc., on July 7, 1973, on property of Mrs. Robert Amott.
Location of property: north side Main Road, East Marion, bounded
north by Dzenkowski; east by East Marion Post Office; south by
Main Road; west by O. Angeil. In case of rain to be held at
East Marion Fire Hall. Location: north side Main Road, East
Marion, bounded north by Dzenkowski; east by Dzenkowski.; so~th
by Main Road; west by East Marion Post Office.
10:15 ~.M. (E.D.S.T.), upon application of Carol and John
Plock, Jr., North Bayview Road, Southold, New York, for a special
exception in accordance with the Zoning Ordinance, Article III,
Section 300, Subsection B-14, for permission to conduct yard
sale on June 9, 1973; rain date June 10, 1973. Location of
property: Private Road off North side North Bayvlew Road,
iouthold, New York.
10:20
)ak Drive,
~xception
P.M. (E.D.S.T.), upon appii~ation of Alma E. Pulese,
Raydon Shores, Southold, New York, for a special
· n a¢¢odance with the Zoning Ordinance, Article III,
Section 300, Subsection B-14, for permission to conduct garage
sale on May 28, 1973; rain date June 2, 1973. Location of property:
north side West Shore Drive, west side Oak Drive, Lots 1 and 2,
and part of 3~ Section B, Map of Reydon Shores.
Legal Notice
Page 6
10:25 P.M. (E.D.S.T.), upon application of Judie Lizewski,
Main Road, Cutchogue, New York, a/c Cutchogue Cartwheels and
Cutchogue Golden Girls 4-H, for a special exception
with the Zoning Ordinance, Article III, Section 300,
B-14, for permission to have a yard sale on May 26,
May 28, 1973. Location of property: north side Main Road, east
side Depot Lane, Cutchogue, bounded north by K. Bialecki; east by
K. Bialecki; south by Main Road; west by Depot Lane.
in accordance
Subsection
1973; rain dat~
10:30 P.M. (E.D.S.T.), upon application of Henry Santacroce,
870 Richmond Road, Southold, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 301
for permission to divide property with less than required area.
Location of property: west side Richmond Road, Southold, bounded
North by Gary Winters; east by Richmond Road; south by Mill Creek
Drive; west by Cassidy and others.
Dated May ~1, 1973
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
PLEASE PUBLISH ONCE, ~v~Ay 17, i973, AND FORWARD NINETEEN (19)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on May 11, 1973:
The Long Island Traveler-Mattituck Watchman
The Suffolk Weekly Times
Dickinson & Nickles, Inc. a/c Richard F. Mullen
Lorraine W. Drury
John and Marie Hughes, Jr.
John and Marie Ball
Joseph P. Du~ne
St. John's Lutheran Church
Cutchogue Methodist Church
Arlene Dittmann
Ernest and Stella Radford
Mr. and Mrs. Jo~n McAlonan
Cutcho~ue-New Suffolk Historical Council
Muriel H. Schwab
Stanley Poole
NOTICE OF HEARINGS
Pursuant to Section 167 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 May 24, 1973, on the
following appeals:
7:45 P.M. (E.D.S.T.), upon
application of Richard F. Mullen,
Jr., 18a~ Mill Creek Drive West,
Southold, New York, for a
variance in accordance with the
Zoning Ordinance, Article HI,
Section ~01 and the Bulk Schedule
for permission to divide property
with less than required area.
Location of property: west side
Hobart Hoad and north s/de Korn
Road, Santbold, bounded north by
Main Road; east by Hobart
Road; south by Korn Road; and
west by Mullen, Aksten,
Zebroski, North Fork Bank &
Trust Co., Ttwthn and Albers.
8:00 P.M. (E.D.S.T.), upon
application of Richard F. Mullen,
Jr., 1835 Mill Creek Drive West,
Southold, New York, for a special
exception in accordance with the
Zoning Ordinance, A~ticle VII,
Section 700 B, Subsection 4, for
~ermission expand a new and
used car lot. Location of
property: south side Main Road,
east side Hobart Road, Southold
bounded north by Main Road;
east by Mullea and others; south
by Mulice; west by Hobart Road.
8:15 P.M. (E.D.S.T.), upon
application of Lorraine W. Drury,
138-71st Street, Apt. D-7,
Brooklyn, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
J
........ S.~.¥~..r.~..~....~.o..r~ .~ .............. being duly Sworn,
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 m~-exed is a printed
copy, has been published in the said Suffolk Weekly Times
once in each week, for ............. .o.r..e ...........weeks
successively oommenc~.~ on ~ ..... .s.e.v.e.~,'q~l~b .........
day of . Nay.~~_~
?
Sworn to before me this . ~,~.~,/. .....
dayof
./~ :L~, ,/,~:,,,~,/.~. ....... ~...-.. ..............
/ / .70S£PH LAWRENCE TOWNSEND
/ · J~OJA,RY ,;'USiIC OF NEW YORK
(D,s. No 52 0366350
,~1/, Commission £xprres March 30, 19 ~ L/
NOTICE OF H~ARINGS
Pursuant to Section 267 of the
Town Law and the provision~
of the Amended Building Zone
Ordinance of the Town of South-
old, 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, South-
old, New York, and May 24, 19711,
on the following appeals:
7:4g P. M. (EDST), upon ap-
plication of Ricl~ard p. Mullen,
Jr,, 1835 Mill Creek Drive West,
Southold, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 301 ;and the Bulk Sched--
Location of property: west side
Hobar,t~,R..oa.~l_lnd ndrth 'side
half of No, 3, map · t S. Hand,
Cutchogue. N. Y.
9:55 P. M. IEDST), upon ap-
plication of Cutchogue-New Suf-
folk Historical Council. Main
Road, Cutcho~ue. New York, for
a special exception in accordance
with the Zoning Ordinance, Ar-
ticle IlL Section 300, ,Subsection
B-14, for 0ermisston to have
Outdoor Antiques Flea Markei on
July 7. 1973. Location of proOerly
of Cutchogue Independent Con-
south side Main Road. Cut-
chogue, bounded north by Main
S. Salter and others; and west
by Presbyterian Parsonage.
10:00 P. M- (EDST). ut)on
01ication of Muriel H. Schwab,
Post Office Box NV. 76. lqa,~au
York, for a soecial excention in
accordance with the Zoning Or-
dinance. Article III. Section 300,
26. 1973; rain d~te May 27. 1973.
oli~ation of Stanlov Poole. 9475
Main Road. East Marion. for a
with ibe Zo~ine Ordinance, Ar-
tion of nrooertv: north side Main
bourded north by R. Lone; east
b~ S. ~oratis: south by Main
Rand: west bv J. getter Est.
nlication of East Marion Baotist
r~ew York. for a soecial exceotion
in accordance with the Zoning
Ordinance. Article IlL Section
300. Subsection B-14 for 9errata-
sion to conduct food sale and
sale of quilts, otc, on July 7. 1973,
on property of Mrs. Robert A-
matt. Location of property: north
bounded north by Dzenkowski;
east bv East Morion Post Office:
south bg Main Road: west by O.
An~ell. In case of rain to be held
at East Marion Fire Hall. Loca-
tion: north side Main Road. East
Marion, bounded north by Dzen-
south by Main Road; wes* by
East Marion Pc,st Office.
10:15 P. M. IEDST), uoon ap-
plication of Carol and John
Plock. Jr., North Bayview Road,
Southold, New York, for a special
exception in accordance witl~ the
Section 300. Subsection B-14. for
permission to conduct yard sale
on June 9, 1973; rain date June
10, 1973. Location of property:
Private Road off North side
North Bayview Road, Southod.
New York.
10:20 P. M. (El)ST), upon ap-
COUNTY OF SUFFOLK
STATE OF NEW YORKt ss:
C. Whitney Booth, Jr., being duly sworn
that he is the Editor, of THE LONG IS
TRAVELER - MA'I-FITUCK WATCHMAN, a public
paper printed at Southold, in Suffolk County; an,
the notice of which the annexed is a printed copy, ha
published in said Long Island Zraveler-Mattituck V
man once each week for ....~),.~_,~......~..~../..
successively, commencing on the ............. /....~.. ........
day of ............ ¢/~.~.. ...... 19~
~,DEt E PAYNE
Notary Public. Stale o[ New York
Reskii~g in S~[olk County
No 52-3041000
Commission Expires March 30, 19~,~
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
~/~ '~
.......................................................... Date ................... ..6...~.. ...................................
, ...... ~~-~ .................... ~.;.~;;~;;;;; ........................... ~...
............ ................ .....
........................ ~.~ ........................................
PL~SE TAKE NO~CE that your application dated ............. ~..~ ....... y ......... , 19..~
f~. peFmit to c~ ~'~' ~ at the premises heated ath ~ ,~?~
~ ............................... ~ ....... ~ '~ ............................
'~ ~ ~ ~" ~ disa~ro'~d ~n th~ f~'l~'~n~ ~rou~ds ~ ~ ~ ~'~
· ~Z,;~Z ...... L~ ~ ....... ~ ~ ~ ............................................................
.. ~.?..~..~?.....~.~..~....~.~..: ........................................................................................
~
· Building Inspector
TOWN OF SOUTHOLD, NEW YORK
APPEAL :ROM DECISION OF BUILDING INSP-CTOR
XXXXXXTZXXXk-CKXXXXXXXX~' -:_ ~- _z~ . - -
TO THE ZONING BOARD (~F APPEALS~'TO~9~I~I OF SOUTHOLD, N. Y.
Nome of Appellont Street and Number
............... S.o. uth~],d ........................................................
Municipality
...... ~,.~... ............ HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE~BUILDING INSPECTOR ON
· ...............
APPLICATION FOR PERMIT NO ..................................... DATED ......... ~ /. ~7
WHEREBY THE BUILDING INSPECTOR DENIED TO
Xlame of App icant for permit
of
State
' Street and Number Municipality
(~f PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
'( 3
1. LOCATION OF THE PROPERTY Hobart and Kern Road --"A" Dis~.
Street Use District on Zoning Map
X X
Mop 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 )
~Art. III --Sec. 301 * Bulk Schedule
3. TYPE OF APPEAL Appeal is made herewith for
(Zx~) A VARIANCE to the Zoning Ordina.nce or Zoning Map
( ) A VARIANCE dub 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 (~J~s).(has not) been made with respect to this decision
of the Building Inspector or with respect to this ~roperty.
Such appeal was ( ) request for a special permit
( ) request for a variance
aha was made in Appeal No ................................. Dated ......................................................................
~ )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
Form
(Continue on other side)
REASON FOR APPEAL O Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
i~f~gXXXi~,We~ more area than necessary for one lot and short for
2 lots.
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 it is unique. It is the only open
and unbuilt lot in neighborhood .
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because it would not change character of neighborhood
because the other lots with dwellings are of equal size or smaller.
~OUTA/QLD
0
3>
o, ¢-/¢.,a
6.75 o1/'~/. - I10.1~