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Home My WebLink About1897 TOWN OP SOUTHOLD, NEW YO~K ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1897 Dated April 8, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Emily R. Mather Bayer Road Mattituck, New York DATE ..M.~.Y.....2...,_...1974 Appellant at a meeting of the Zoning Board of Appeals on May 2, 1974 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 ( ) the appeal 1. SPECIAL EXCEPTION. By resolution ~ the Board it was d~errnined that a ~eaa exception ( ) be ~anted ( ) be de~ed pursuant to Article .................... Section .................... Sub~ction .................... para.apb .................... of the ~nin~ Ordinance and the decision of the Bufld~g Inspector ( ) be reversed ( ) be ~nfirmed b~ause 8:50 P.M. (~.D.S.T.), upon application of Emily R. Mather, Bayer Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide lot with insufficient frontage and area. Location of property: Bayer Road and Grand Avenue, Mattituck, Lot Nos. 53, 54, 55, 77 and 76 "Mattituck Heights", Mattituck, New York. 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 REVERSE or unnecessary (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 &,ranted ( ) be denied and that the previous decisious of the Building Inspector ( ) be confirmed ( ) be reversed. Marjo~ie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide lot with insufficient frontage and area on Bayer Road and Grand Avenue, Lot Nos. 53, 54, 55, 77 and 76 "Mattituck Heights". Mattituck, New York. The findings of the Board are that properties which will be created will be larger, in most instances, than the surrounding properties in "Mattituck Heights". 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, Emily R. Mather, Bayer Road, Mattituck, New York, be GRANTED permission to divide lot with insufficient frontage and area on Bayer Road and Grand Avenue, Lot Nos. 53, 54, 55, 77 and 76, "Mattituck Heights", Mattituck, New York, as applied for. Vote of the Board: Grigonis, Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, Legal Notice Page 2 forpermission to divide and set off lots with existing buildings with less than. required width and area. Location of property: south side Main Road, East Marion, New York, bounded north by Main Road; east by William Park, Jr.; south by Gardiners west by A. E. Parker & others. 8:30 P.M. (E.D.S.T.) upon application of Robert Davis and Wife, Peconic Bay Blvd., ~attituck, New York, for a variance accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule, for permission to use existing lot one family dwelling with insufficient side yard area. Loc~ui~3r~ of property: S/S ~ound Avenue, Mattituck, bounded north b} Sound Avenue; east by (now or formerly) O. Daviault; south bTM Mattituck Realty; west by R. Demchuk. 8:40 P.M. (E.D.S.T.), upon application of Edward and Grebinar, Sound View Road, Orient-by-the-Sea, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to turn present garage area into living quarters and add on addition for new garage with insufficient side yard area. Location of property: S/S Sound View Road, Orient, Lot No. 27, Section I, Orient-by-the-Sea, Orient. 8:50 P.M. (E.D.S.T.), upon application of Emily R. Mather, Bayer Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide lot with insufficient frontage and area. Location of property: Bayer Road and Grand Avenue, Mattituck, Lot Nos. 53, 43, 44, 77 & 76 "Mattituck Heights", Mattituck, New York. NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law ~nd the provlsions 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 2, 1974 on the following appeals: app Main Road; east by William Pel Park, Jr.; south by Gardiners (Px Bay; west by A.E. Parker and the 8:30 P.M. (E.D.S.T.) upon VII application of Robert Davis and Se~ wife, Peconic Bay Blvd., Mat- 112 tituck, New York, for a variance (3) in accordance with the Zoning mb Ordinance, Article III, Section res 100-30, 100-31 and Bulk Schedule, suf for permission to use existing lot an( for one family dwelling with pre insufficient side yard area. (RI Location of property: S-S Sound h~r Avenue, Mattituck, bounded north by Sound Avenue; east by -- (now or formerly) O. Daviault; south by Mattituck Realty; west by R. Demchuk. 8:40 P.M. (E.D.S.T.), upon application of Edward and Flauia. Grebinar, Sound View Road, Orient-by-the-Sea, Orient, New York, for a variance i~ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and 100-31 and Bulk Schedule for permission to turn present garage area into living quarters garage with insufficient side yard COUNTY OF SUFFOLK. STATE OF NEW YORK. } ss: .......... .S~..a.~.~...~.....DO..r~..a~... ........ being duly Sworn, says that ...h..e.. is Printer and Publisher o! t~e SUFFOLK area. Location of property: S-S~ES, a newspaper published at Greenport, in said Sound View Road, Orient, Lot No. 27, Section I, Orient-~, hat the notice, of which the ~,-nexed is a printed Orient. 8:50 P.M. (E.D.S.T.), tlpor ,n published in the said Suffolk Weekly Times application of Emily R. Mather Bayer Road, Mattituck, Ne~ ~veek, for ......... ~.'.L~..\.'Y/ .......... weeks York, for a variance in ac cordance with the Zoning Or ommeucing on ~he ......................... dthance, Article III, Section 301, .a--~4 ,.~. ~'.J'.'~.~ 7¢. for permission to divide lot with ...... 19. insufficient frontage and area. '~ :~ ~i ~"~' ~- Location of property: Bayer Road and Grand Avenue, Mat- re m this .... 25~h... ~ ~0~A~y~0S£P~ tituck, Lot Nos. 53, 43, 44, 77 and . .~, ---.' I PUBLIC OF 76 "Mattituck Heights";* Mat- ~.~.1.1~. 197.~. · } ~esici~_$uffo,,..I:W YORK, an t dinance, ArticleVI, Sec. 100-60C - V:20 P.M. /E.D.S.T.), upon No. 73, Cedar Beach Park. 3 (a) (b) (c) for permission to erect combination roof and ground sign in excess of 16 foot height requirement. Location of property: Yoang's Avenue and Private Road, Seuthold, bounded north by G. Minor and others; east by Young's (RR) Avenue; south by R. Houston and others; application of Charles Michel, Oakwead Drive, Southold, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 1.00- 30 C, Seelion 100-32 for per- mission to erect accessory building in front yard area. Location of property: Oakwood Any person desiring to.be heard on the above Appeals should appear at the time and place above specified. Dated: April 18, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS NOTICE OF HEARINGS Pursuant to Section 267 of th~ Town Law and the provisions ol the Amended Building Zone Ordinance cfi the Town of Southold, Suffolk County, New York, public hearings will be held by the Zo~fing Board of appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York on May 2, 1974 on the following appeals: 7:3S P.M. (E.D.S.T.), upon application of Stevan and Agnes Peggie Banick, Horton Point, (Pvt. Road), Southold, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-71 and Bulk $chedulo, Article XI, Section 110-112 B, C, D, G, H, Section 100-113 (3), for permission to build new mixed occupancy (business and residence) building with insufficient sideyard, rear yard, and parking area. Location of property: W/S/ Young's Avenue (RR Ave.), Southold. New York, bounded north by (now or formerly) Eissman; east by Young's Avenue; south by John Terp; west by Koke Bros. 7:45 P.M. (E.D.S.T.), Rehear- ing on motion of the Southold Town Board of Appeals of application of Dalchet Corpora- tion, Pequash Avenue, Cutch- ogue, New York, for a variance in accordance with the Zoning Ordinance, Article 11I, Section 301 and Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and front- age. Locastion of property: south side Main Road, Cutchogue, bounded north by Main Road; east by other land of applicant; south by other land of applicant; west by A. Luglio (formerly Orlowski). 8:15 P.M. (~.D.S.T.), upon application of Lucile Mosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article 111. Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road, Erst Marion, New York, bounded north by Main Road; east by William Park, Jr.; south by Gardiners Bay; west by A. E. Parker & others. 8:30 P.M. (E.D.S.T.) upon application of Robert Davis and Wife, Peconic Bay Blvd., Matti- tuck, New York, for a variance in accordance with the Zoning Ordinance, Article II1, Section 100-30, 100-31 and Bulk Sched- ule, for permission to use existing lot for one family dwelling with insufficient side yard area. Location of vropertv: S/S Sound Avenue, Mattituck, boundcd north by Sound Avenue; east by (now or formerly( O. Daviault; south by Mattituck Realty; west by R. Demchuk. 8:40 P.M. (E.D.S.T.), upon application of Edward and Flauia Grebinar, Sound View Road, Orient-by-the-Sea, Orient, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and 100-31 and Bulk Schedule for permission to turn present garage area into living quarters and add on addition for new garage with insufficient side yard area. Location of property: S/S Sound View Road, Orient, Lot No. 27, Section 1, Orient-~ ent. 8:S0 P.M. (E.D.S.T.), upon application of Emily R. Mather, Bayer Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, ArticIe 111, Section 301, for permission to divide lot with insufficient frontage and area. Location of property: Bayer Road and Grand Avenue, Mattituck, Lot Nos. S3, 43, 44, 77 & 76 "Mattituck Heights". Mattituck, New York. ~ 9:10 P.M. (E.D.S.~) upon application of Agway, Inc., Young's Avenue, Southold, New York for a variance in accordance with the Zoning Ordinance, Article VI, Sec. 100-60 C-3 (a) (b) (c) for permission to erect combination roof and ground sign in excess of 16 foot heieht COUNTY OF SUFFOLK STATE OF NEW YORK 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 Traveler-Mattituck Watch- man once each week for d.-~Y ~ / / / successively, commencing on the ............ ~.~). .................... Sworn to before me this ........ ~rd.l~'~ ........day of ¥ Notm~ Public TOWN OF SOUTHOLD BUILDING DEPA RT,~E.NT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Dote ........................... , ~ PLEASE 'FAKE NOTICE that your applicatior~ dated .............. :ior permit to c,e~t-r-uc¢~.~..~ .............. at the premises locate~, at ..... ...~...~...~... ...... ......~....~..~.....~ ........ ./.~... ................. Street --~~J~'~ -- i~p .....~........~....'.. ~~ ............................................ Lot r -- ' approved on the fo~ow'~n~g~ounds ...~......~.~ ........................ Building Inspector TOWN OF SOUTHOLi), NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO. .... ~. ~ .... : DATE ....................... TO T~H~E, ZbN!NG~ BOARD~OF.A~RP~XI~S~, ~(~WN q~ ~THbLD, N. Y~' -_ ~_ , - ~ ~, (We).~g.~..~,...~ ....................... of ....(~R..~B~b~.~.I..~Z~.~.~.g~ ....................... Name of Appellant Strut ~nd Number Mattiiack, New York ~¢~Fnv APPEL TO MunicipaliW State THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUlLiNG I~PECTOR ON .o ..................................... ........ ........................ of Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY -VARIANCE Name of Applicant for permit .... f5 .o...~ .e.£)...~.,~z.e..~. ~..o.~ .d.,...~ .t.g.t..~. q~.,...~.e...w...~ .o.~. .............................. :[polity State 1. LOCATION OF THE Street ...!~..8.~ ................ ..~..o...s.,....5..3.,... ,~.~....~.....?..?...~...?..6 "Z~attitLtck Heights" Map No. Lot No. ,..~ ,R. ~e..s..i..d e nt ial Use District on Zoning Map 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.) Article III Section 301 3 TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A -V~A, RI,~NCE- due to lack of ac~:es~ (S~ate of New York Town Law Chap. 62 Cons. Laws ~Art. 1~ Sec. 280A Subsection 3 _ _ 4. PREVIOUS APPEAL A previous appeal ~¢L~(has not) been made with respect to this decision of me 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 ~s requested for the reason that (Continue on other side/ REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE wouid produce practical difficulties or unneces- sary HARDSHIP because to deny the variance wou3.d create one oversized parcel of no practical design or purpose. Applicant desires 'co have Lots 53~ 54 and 55 considered as one partel and Lots 77 and 76 considered as another parcel. 2. The hardshi~ created is UNIQUE and is not shared by ell properties alike in the immediate vicinity of this property and in this use district because other lots in subdivision are in singel and separate ownership. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because other lots in subdivision are in single and separate ownership. The variance is necessitated by reason of the fact that all of Lots 53, 54, 55, 77 and 76 are contiguous and are in court, on ownership° The variance would only create two parcels. STATE OF NEW YQ~,K, ) , ,*' .' Z:~.~?.;~f,[~ ..r.,~.:[~/~.~' . .. COUNTY OF /;~y.~__ ) A'" ~5~ ~-' . / ' 19/~/ S om to th s ............ ............................. day Noto~~ Public ~v iH~ry P~bic, Si~e o~ New york TUT NOTE MESSAGE GARY F'LANNER OLSEN COUNSELLOR AT LAW MATTITUCK, I. I.. NEW York 11952 PHONE S16 298-4844 REPLY TO: L_ Mrs. McDermott Southold Town Zoning Board Town Clerk's Office Southold, N.Y. Re: Mather Variance File # 1352 Enclosed please find the original and one copy of the Application and fee of $15.00. Please submit for next possible meeting. 4/8/74 DATe: SIGNED DATE: SIGNED