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Home My WebLink About1733 TOWN OF SOUTHOLD, NE~V YOKK ACTION OF THE ZONING BOARD OF APPEAL~ Appea~ No. 1733 Dated Pebruary 28, 1973 Acrxo~ o~ ~ zo~s ~OA~O O~ A~ALS O~ rH~ rOW~ O~ SO~HO~ To Ja~s F. ~rr~ Vanst on Read Nassau Point, Outchogue, N.Y. DATE ..N~.~.b...29, 1973 Appellant at a meeting of the Zoning Board of Appeals on l~i~l, ch 29, 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 ( ~ Request for a variance to the Zoning Ordinance ( 1973 the appeal 1. SPECIAL EXCEt~ION. By resolution of the Board B was determined th~ a sp~i~ except~n ( ) be gra~ed ( ) be denied p~sua~ to Articte .................... Sect~n .................... Sub~ction .................... paragraph .................... of the Zonin~ Ordinance and the decision of ~he Building Inspector ( ) be reversed ( ) be ~lrmedbecauee 7J~0 P.~, (E.S.T.), upon application of James F. Murray, Vanston. Road, Nassau Point, Cutohegue, New York, for a variance in accordance with the Zoning Ordinanse, Article III, Section 301 and the Bulk Schedule, far permission to divide property with less than required area and fromtage. Location of property: Lots 4 and 5, Map of Pecenic Bay Properties, Inc. 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 difficulties hardship because SEE RE~ ~SE (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 ~EE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (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 ~ ~~?mNG~ BOARD OF APPEALS C~rma, ~ ..... ~' ~ ~Jo~ie McDermott, Secretary After investigation and inspection, the Board finds that applicant requests permission to divide property with less than required area and frontage, I~ts [~ and 5, Peconic Bay Properties, Inc. The findings ef the Beard are that this is a well developed subdivision which was created in 1931 and that most of the lots are occupied. The Board finds that it would be an unusual hardship to deny the use of vacant Lot No. 5. Lot Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 appear to have 65 feet on Haywaters Road and 75 feet on the Bay. The lots on the north side of Haywaters Road are smaller in 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 l~ediate 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 spiri% of the Ordinamce. T~ERE~RE IT WA~ RESOLVED Ja~es F.-l~A~rray, Vanston Road, Nassau Point, Outchogue~ New York, be ~RANTED permission to divide property with less than required area and frontage, Lots 4 and 5, Peconic Bay Properties, Inc., as applied for. Vote of the Boards Ayes:- Messrs: Gillispie, Bergen, ~ulse, Doyen. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provlszons of the Araended 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 March 29, 1973, on the following appeals: 7:30 P.M. (E.S.T.), upon application of Gordon G. Bishop, 600 Clearview Avenue, Southotd, New York, for a variance zn accordance with and Section 302, front yard area. and south side ClearView Avenue West, Southold, bounded north by Clearview Avenue West; east by Gardiners Lane; south by Dart; west by John Mulhail. the Zoning Ordinance, Article III, Section 300 C4 for permission to construct private garage in Location of property, west side Gardiners Lane 7:40 P.M. (E.S.T.), upon application of James F. Murray, Vanston Road, Nassau Point, Cutchogue, New York, for a variance Article Iii, Section 301 and the in accordance with the Zoning Ordinance/Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property: Lots 4 and 5, Map of Peconio Bay Properties, Inc. 7:50 P.M. (E.S.T.), upon application of Dante H. Catullo, 15 Rossiter Avenue, Yonkers, New York, for a variance in accordance with the Zoning Ordinance Article Iii, Section 301 and Bulk Schedule, for permission to divide property with insufficien~ area and frontage. Location of property : north side Bailey BeaCh Road, Mattituck, bounded north by other land of applicant; east Legal Notice Page 2 by right of way and Gatz; south by B~iley Beach Road; west by J. Little. 8:00 P.M. (E.S.T.), upon application of Joseph and Mary Kirwin, Bay Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article Iii, Section 301 and Bulk Schedule, for permission to divide property with less than required area and frontage. Location of propertY : Lots ~1i8 and 119, Map Of Nassau Farms, Peconic, New York. 8:05 P.M. (E.S.T.), upon application of Carl and Frances Chapman, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to construct dwelling with less than required setback. Location of property: Lot $12, Map of Salt Lake Village, Mattituck, New York. 8:15 P.M. (E.S.T.), upon application of Elizabeth A. Allen, and Jane Chambers, 280 Henderson Street, Jersey City, New Jersey, for a vari&nce in accordance with the Zoning Ordinance Article Iii Section 300, for permission to use existing accessory building as dwellinq. Locatlon of property: west side Stars Road, East Marion, bounded north by Stars Road West; east by Stars Road; south by Philip Frumenti; west by Balders, Weiss and others. 8:30 P.M. (E.S.T.) , upon application of Edcho Corp., 320 Front Street, Greenport, New York, for a special exception in accordance with the Zoning Ordinance Article VII, Section 700 B4, for permission to operate public garage. Location of property, north side Sound Avenue, Mattituck, bounded north by L.i. Railroad east by A. Tuthiil; south by Sound Avenue; west by A. Palkovich. Legal Notice Page 3 8:40 P.M. Inc., 320 Front Street, Greenport, New York, for a variance in of the Zoning Ordinance accordance with Article ~iI, Section 303~ for permission to construct dwelling with less than average setback. Location of property: east side Corey Creek Road, Southold, bounded north by E. Hau; east by A. Meyer; south by J. Dunker; west by Private Road, Corey Creek Road. (E,S.T.), upon application of Williams Constructing, 9:00 P.M. (E.S.T.), upon application of Robert E. Levy, Harbor Lights Drive, Southold, New York, for a variance in accordance with Article III, Section 300 C3 and Section 302, Of the Zoning Ordinance, for permission to construct garage in front yard area. Location of property: Lot ~8, Map 9f Harbor Lights Estates, Section One, Southold. 9:10 P.M. (E.S.T.), upon ap~iication of Dorothy M. Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permissinn =o divide property with less than required area. Location of property: northeast side of Youngs Road, Southold, bounded north by C. Schwarz; east by Midfarm Road south by H. Conroy and J. Frass; west by Hill Road. 9:20 P.M. (E.S.T.), upon application of Sarah E. Gillespie, Smith Drive North, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C1 for permission to use building as doctor's office, doctor does not live in same building. Location of property: easu side Mapi( Lane, Southold, bounded north by B. Hellman; east by L. Edson; south by D. Pettit; west by Maple Avenue (Private Road). Legal Notice Page 4 Any person desiring to be heard on the above applications should appear at the time and place specified. Dated: March 16, i973 BY ORDER OF THE SOUTHOLD TOWN ~OARD OF APPEALS PLEASE PUBLISH ONCE, Y~RCH 22t 1973~ AND FORWARD ELEVEN (il) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on March 16, 1973 The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Mr. Gordon G. Bishop Gary F. Olsen, Esq. a/c James F. Murray Gary F. Olsen, Esq. a/c Dante H. Catullo Gary F. Olsen, Esq. a/c Joseph & Mary Kirwin Gary F. Olsen, Esq. a/c Carl & Frances Chapman Stanley So Corwin, Esq. Edcho Corporation Williams Constructing, Robert E. Levy Lefferts P. Edson, Esq. Lefferts P. Edson, Esq. a/c Elizabeth A. Allen Inc. a/c Dorothy M. Robo~m a/c Sarah E. Gillespie 'NOTICE OF HEARI~_~ Pursuant to Section ~7 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk Coanty, 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, an March 29, 1973, on the foUowing appeals: 7:30 P.M. (E.S.T.), upon ap- plication of Gordon G. Bishop, 600 Clearvinw Avenue, $outhold,~ New York, for a variance in accordance with the Zoning Or- dinance, Article IH, 8ectian 300 · CA, and Section ~02, for per- mission to construct private garage in front yard area. Location of property, west side Gardiners lane and south side Clearvtew Avenue West, Sontbe]d, bounded north by Clearview Avenue West; east b Gardiners Lane; south by Dart west by ,John M~ .~ 7:40 P.M. (F~.S.T.), upon al~ pUcation of ,James F. Murray, Vanston Road, Nassau Point, Cutchogue, New York, for a, variance in accordance with thc Zonin~ OFd~ce, Article III, Section 301 and the Bulk Schedule, for permission te divide property with less than required area and frontage. Location of property: Lots 4 and 5, Map of Peceuic Bay Proper- 7:50 P.M. (E.S.T.), upon ap- plication of Dante H. Catuilo, 15 COUNTY OF SUFFOLI(, STATE OF NEW YORK, ~ ss: Stuart C. Dorma~ being duly Sworn, says that . ...h.e.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ut Greenport, in said county: and that the notice, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekly Times once in each week, for ......... o.r..? ............... weeks successively commencing on the .... .~.~.e.r.~y.~s.e.c..o.n.d ........ day of Mar~ [~.~.7:'~.~ 19..7.~. Sworn to before me this ...2...~ .... day of .., j4~?./.;...:...;... 197~.~. ! / ./ .J,~S£P~ .[A~/~£NCE.T£W.~N~*[%~ ................. NOiA~,Y i'UB_iC OF BEW' YORI~ I,EGAL NOTICES NOTICE OF HEARING~ Pursuant to Section 267 of the Town Law and the provlsiom of the Amended Buiding Zone Ordi- nance of the Town of Seutho~d. 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, Southold, New York, on March 29. 1973, on the follow- ing appeals: 7:30 P. M. (EST), upon appli- cation of Gordon G. Bishop. 609 Clearview Avenue. Southold, New York, for a variance in accord- anco with the Zoning Ordinance. Article II]I, Section 300 C4. and Section 302, for permission to construct private garage in front yard area. Location of property. west side Gardiners Lane and south side Clearview_avenue West. Southold, bounded north by Clearview Avenue West; east by Gardiners Lane; .south by D~rt! west by John Mulhall. ~ 7:40 P. M. (ESTL upon appli- cation of James F. Murray Cutchogue, New York. for a var- iance in accordance with the Zoning Ordinance ArticleIII.Sec- tion 301 and the Bulk Schedule. Lots 4 and 5. Map of Peconic Bay 7:50 P. M. (EST), upon appli- cation of Dante H. Catu!lo. 15 York, for a variance in accord- anco with the Zoning Ordinance Schedule, for permission to divide property with insufficient ama and frontage. Location of prop- er~.: north side Bailey ,Belch Road. Mattituck, bounded north by other land of applicant: mst ticle VII, Section 700 B4. for per- mission to operate public garage. Location of property, north side Sound Avenue, Mattitock, bound- ed north by L. I. Railroad; east by A. Tuthill; south by Sound Avenue; west by A. Palkovich. cation of Williams Constructing, ][nc., 320 Front Street, Oreenport, New York, for a variance in ac- cordance with Article III. Section 303 of the Zoning Ordinance, for permission to construct dwelting with less than average setback. Location of property: es.st side Corey Creek Road. Southold. bounded north by E. Hau; east by A. Meyer: south by J. Dunker; west by Private Road. Corey Creek Road 9:00 P. M. lEST), upon appli- cation of Robert E. Levy, Harbor Lights Drive. Southold, New York, for a variance in accord- ance with Article IlL Section. 300 C3 and Section 302. of the Estates, Section One. Southo]d. cation of Dorothy M. Robohm. Main Road. Southold. New York. III. Sect!on 3~1 and Bulk Sched- ule. for permission to divide prop- side of Youngs Road, Southold. bounded north by C. Schwarz; east by Midfarm Road; south by H. Conrov and J. Frost: west by Hill Road. Smith ]Drive North. Southold. cordance with the Zoning Ordi- nance, Article IlL Section 300 C1 live in same building. Location of property: east side Maple Lane. Southold, bounded north by B. by D, Pettit; west by Maple Ave- on the above applications should appear at the time and place specified. Dated: March 16, 1973 BY ORDER OP THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK / STATE OF NEW YORKt ss: C. Whitney Booth, Jr., bei that he is the Editor, of TH TRAVELER - MATTITUCK WATCH/', paper printed at Southold, in Suffol the notice of which the annexed is a p~ published in said Long Island Travel. man once each week for ...(~ successively, commencing on the ....... ....................... Sworn to before me this ... .... FORM ~0. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TO~VN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~,,~o ................................................................... ~,~ ............... ~.....~.~ ............. , ~.~. ..... ?~ ..... !~ ......... -- ~- .L~SE T^KE ,O~,~ ~ ~o,~ ~,i~o~ ~ .......... ~'.;~_~..~ ................... , ~.....~ for perm,t to ~ct~ ........ ~...~...~...at t e 3rem ses ocated at.....~ .................... ~ ..... Map ~.~...~.¢~ock ........................................ Lot ....~..~..~., ................................ is ~.:(,:.,., disapproved on the following grounds ..... /~;~.. ~...~: ..~,:~....~..;~r.....~. ....... ~.~;~.~,:~ ...... ~.....~',.:.:~?..¢~..~.~.. ........... ~ ......... ~..~~..~.~.....~ ..................................................................... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF API~EALS~ TOWN OF SOUTHOLD~ N. Y._ APPEAL NO. /~2~ DATE .~..~.....~...~..~.!.q..~..~.. James F. Murray , Vanston.~oad . . 1, (We) .................................................................. or ........................................................................ Name of Appellant street and Number ............ ~.~.~,..~.Q[~..t..:....C,.~.t.9.,b;.,o.g. qe. ............................. Z',I~=..~oz:k ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON AP'PLICATION FOR PERMIT NO ..................................... DATED ............ /..~,.'~,.....~..,~.i...../..7..~..~.. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Nome of Applicant for permit of Vanston Road, Nass~Qi.rxt. 0 .~..~t~.b.~ ue~ ~.e.v. ~.ork Street and Number Municipality State PERMIT TO USE PERMIT FOR gCCU.PANCY ........ Street Use District on Zoning Map 786 ~ & ~ "~Iap of Peconic Bay ]Propariies, Inc." - Map 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 Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) 'A~VAI~[ANCE-aue t6~lack of aacess (state of: New York Town Law Chap. 62 Cons. Laws Art. 1 ~ Sec. 280A S~bsect~or~ 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 ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP beCause the appl~ant desires to convey Lot # 4 which has a house on it and retain Lot # 5 which is vacant, Failure to grant the variance would ~esult in a parcel twice the size and value as others in the subdivision~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the [mmed[ote vicinity of this property and in th[s use district because when Lots & & 5 were p~rchased~ both were good, valid bailding lots. Due to a technical merger o£ title this variance is necessary f~r the applicant to convey Lot # 4 which has a house on ii and retain Lot# 5. Properties in the irnrD_ediate 5zicinity and in ibis subdiyision~have developed ~ingle lots of similar size and shape. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DJSTR~CT because this subdivision has been well developed~ Houses have been built on single lots of similar size and shape and accordingly the granting of this variance would be in keeping with the general developrnenl of the neighborhood~ STATE OF NEW 'fORK COUNTY OF SUFFOLF~ SS Sworn to this .............. .q. ,~..V. ........................ day Signoture Olsen, as attorney Gary FlaNNer OLSeN COUNSELLOR AT LAW February 9, 1973 Re: Variar~ce - James F. Murray Property: Lots 4 & 5 "Map of Peconic Bay Properties, Inc. Dear Mr. Terry: Enclosed herewith please find an Application for a Variance in re the above captioned matter, along with the filing fee in the sum of $15.00. Please submit the variance for a hearing as soon as possible. GFO/mrc encl. Howard Terry Southold Town Building Inspector Main Road Southold, New York 11971