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TOWN OF $OIITHOLD, NEW YORK DATE June.-.7-r 1973
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1782 Dated May 16, 1973
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To
Dillaye R. Davis
Sterling Road
C,~h~g,~ ~ New v~
at a meeting of the Zoning Board of Appeals on June 7, 1973
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
X
( )
AppeBant
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a ~pecial exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Sub~ection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 7:40 P.M. (E.S.T.), upon application of Dillaye R. Davis,
Sterling Road, Cutchogue, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 301 and the
Bullk Schedule, for permission to divide lots with less than
required area and frontage. Location of property: north side
Sterling Road, Cutchogue, hounded north by Kruzer & Riebe;
east by E. McGarry; south by Sterling Road; west by Boyd. Fee
paid $15.00.
2. VARIANCE. By resolution of the Board i_t was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties
hardship because
SEE REVERSE
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by aB 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 variauce ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
FORM ZB4
SEE REVERSE
APPI OVEI]
ZONING BOARD OF APPEALS
Marjorie McDermott, Secretary
After investigation and inspection the Board finds that
applicant requests permission to divide lots with less than
required area and frontage on premises located on the north
side of Sterling Road, Cutchogue. The findings of the Board
are that after division of property the lots would be as
large or larger than surrounding properties. 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, Dillaye R. Davis, Sterling Road,
Cutchogue, New York, be GRANTED permission to divide lots with
less than required area and frontage on premises located on the
north side of Sterling Road, Cutohogue, as applied for.
Vote of the Board:
Grigonis.
Ayes:- Messrs: Gillispie,
Bergen, Hulse,
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 June 7, 1973, on the
following appeals:
7:30 P.M. (E.D.S.T.), upon application of George A. and
Helen H. McCarthy, Bay Avenue, Mattituck, New York, for a variance
in accordance with the Zoning Ordinance Article XVII - Bulk
Schedule for permission to divide property wi~h less than required
area and frontage. Location of property: west side Bay Avenue,
Mattituck, bounded north by Main Road; east by Bay Avenue; south
by E. and H. Wilsberg; west by E. and H. Wilsberg.
7:40 P.M. (E.D.S.T.), upon application of Dillaye R. Davis,
Sterling Road, Cutchogue, New York, for a variance in accordance
with the Zoning Ordinance Article III, Section 301 and the Bulk
Schedule, for permission to divide lots with less than required
area and frontage. Location of property: north side Sterling
Road, Cutchougue, bounded north by Kruzer & Riebe; east by E.
McGarry; south by Sterling Road; west by Boyd.
7:50 P.M. (E.D.S.T.), upon application of Andrew J. and
Sophie F. Cybulski, Depot Lane, Cutchogue, New York, for a variance
in accordance with the Zoning Ordinance Article III, Section 301
and the Bulk Schedule and Section 280A of the Town Law, for
permission to divide property with insufficient area and frontage
and approval of access. Location of property: west side Depot
Lane, Cutchogue, bounded north by Long Island Railroad~, J. Gruhoskl
~ and T. L~Shalvey; east by Depot Lane; south by Francis McCaffery
and Ignatius Smith; west by W.~Heaneyand others.
Legal Notice
Page 2
8~:00 P.M. (E.D.S.T.), upon application of Martha C. Leibell
160 East 48th Street, New York, New York and Herbert R. Henry,
61 Reeve Road, Rockville Center, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 301
and the Bulk Schedule for permission to divide property with
less than required area. Location of property, south side New
Suffolk Avenue, Cutchogue, bounded north by New Suffolk Avenue,
wast by Munkenbeck; south by Seaman; west by J. Dean
8:10 P.M. (E,D.S.T.), upon application of John and Rose
Koroleski, Sound Avenue, ~attituck, New York, for a special
exception in accordance with the Zoning Ordinance, Article III,
Section 300, Subsection C-6d, for permission to erect subdivisio~
identification sign with reduced setback. Location of property:
Lot ~4, Map of Rosewood Estates, corner of Cox Neck Lane and
Rosewood Drive, Mattituck, New York.
8:20 P.M. (E.D.S.T.), upon application of Drossos Restaurant
Main Road, Arshamomaque, New York, for a special exception in
accordance with the Zoning Ordinance, Articke III, Section 300,
Subsection C-6f, for permission to erect off premises directional
sign on property of Chapel Lane Associates, located south side
County Road 27, Arshamomaque, bounded north by County Road 27;
east by A. Shames and others; south by St. Peters Church and
others; west by Chappel Lane.
8:30 P.M. (E.D.S.T.), upon application of James W. Newell,
Main Road, Mattituck, New York, for a special exception in
accordance with the Zoning Ordinance, Article VII, Section 700,
Subsection B-4, for permIssion to operate an automobile repair
shop (public garage). Location of property: east side Main Road
Mattituck, bounded north by L. Lindsay; east by F. Steiner and
others; south by C. Miller; west by Main Road (Route 25).
Legal N~tice
Page 3
8:40 P.M. (E.D.S.T.), upon application of Mattituck Free
Library, Main Road, Mattituck, New York, for a special exception
in accordance with the Zoning Ordinance, Article III, Section 30(
Subsection B-14, for permission to hold a book sale on grounds
of Mattituck Free Library~ on July 7, 1973; rain date July 14,
1973. Location of property: south side Main Road, Mattitick,
bounded north by Main Road; east by Brooklyn Diocese; south
by M. Winiarz and others; west by Reeve LU~ber and Woodworking.
Co., Inc.
8:45 P.M. (E.D.S.T.), upon application of Dolores M. Wren,
Hippodrome Road, Beixedon Estates, Southold, New York, for a
special exception in accordance with the Zoning Ordinance,
Article III, Section 300, Subsection B-14, for permission to
hold a yard sale on July 20; 1973; rain date July 21, 1973.
Location of property: Lot 91, Map of Beixedon Estates~~ Block 7,
south side Hippodrome Drive, Southold.
8:50 P.M. (E.D.S.T.), upon application of Lillian Hovell,
965 Arshamomaque Avenue, Beixedon Estates, Southold, New York,
for a special exception in ac~ordan~ with the Zoning Ordinance,
Article III, Section 300, Subsection B-14, for permission to
hold a yard sale on July 7, i973; rain date July 14, 1973.
Location of property: Lot 915, Map of Beixedon Estates, Block 2,
east side Arshamomaque Avenue, Southold.
8:55 P.M. (E.D.S.T.), upon application of Roland Hingle,
North Road and Carroll Avenue, Peconic, New York, for a special
exception in accordance with the Zoning Ordinance, Article III,
Section 300, Subsection B-14, for permission to hold a yard sale
on June 16, 1973; rain date June 23, 1973. Location of property:
corner of County Road 27 and Carroll Avenue, Peconic, bounded
north by County Road 27; east by Carroll Avenue; south by
Legal Notice
Page 4
W. Hairston; west by Wolosik and others.
9:00 P.M. (E.D.S.T.), upon application of Dante V. and
Evelyn L. Morel, 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 hold a yard sale
on July 1, 1973; rain~.date July 8, 1973. Location of property:
Lots ~1, 2, and 157, Map of Cedar Beach Park, north side Bayview
Road and west side Cedar Beach Road, Southold.
9].05 P.M. (E.D.S.T.), upon application of North Fork Teen
Center, Inc., North Road, Mattituck, New York, for a special
exception in accordance with the Zoning Ordinance, Article III,
Section 300, Subsection B-14, for permzssion to hold a yard sale
on premises on June 30, 1973; rain date July 7, 1973. Location
of property: North side North Road (County Road 27), Mattituck,
bounded north by Horton Avenue (Road) and Kaiser; east by C.
Sanders and C. Born; south by North Road (County Road 27);
west by J. Hass and Bradley.
9:10 P.M. (E.D.S.T.), upon application of David A. Rothman,
Main Road, Southold, for a variance in accordance with the
Zoning Ordinance Article XII, Section 1204 (a), for permission
to expand existing non-conforming use more than 50% of existing
capacity. Location of property: south side Traveler Street,
Southold, bounded north by Traveler Street; east by Henry Prince;
south by Czartdeskie; west by Long Island Traveler, Inc.
Legal Notice
Page 5
Upon application of
9:20 P.M. (E.D.S.T.),/Frank and Katherine Bondarchuk and
William and Helen Keller, Main Road, Orient, New York, for
a variance in accordance with the Zoning Ordinance, Article
III, Section 301 and the Bulk Schedule, for permission to
divide property with less than required area and frontage.
Location of property: south side South View Drive~ Orient,
bounded north by South View Drive; east by D. Robertson; south
by Droskoski; west by land now or formerly of Tuthill and Dyer.
Any person desiring to be heard on the above applications
should appear at the time and place above specified.
Dated: May 25, 1973
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
PLEASE PUBLISH ONCE, MAY 31, 1973, AND FORWARD FIFTEEN (15)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on May 25, 1973:
The Long Island Traveler-Mattituck Watchman
The Suffolk Weekly Times
William J. Clark, Esq., a/c George A. McCarthy
Wickham & Lark, Esqs, a/c Diltaye R. Davis
Wickham & Lark, Esqs., a/c Andrew J. Cybuiski
Lefferts P. Edson, Esq., a/c Martha C. Leibell
John and Rose Koroleski
Drossos Restaurant
James W. Newell
Mattituck Free Library
Dolores M. Wren
Litlian Hovell
Roland Hingle
Dante V. Morel
North Fork Teen Center, Inc.
David A. Rothman
Frank Bondarchuk
NOTICE OF HEARINGS
Pursuant to Section 267 of the
Town Law and the provisior~ of
the Amended Building Zone Or-
dLnance of the Town of Southold,
Suffolk County, New York, public
hearings will be held by the
Lng Board of Appeals of the
Town of Southold, at the Town
Office, Main Road, Southold,
New York, on June 7, 1973, on the
following appeals:
7:30 P. M. (EDST), upon ap-
lieation of George A. and Helen
I-I. McCarthy. Bay Avenue, Mat-
tituck, NeW York, for a variance
m accordance with the Zoning
Ordinance Article xvri -- Bulk
Schedule for permission to
vide property with less than re-
quired area and frontage. Loea-
tton of property: west side Bay
Avenue~ Mattltuck, bounded
north by Main Road; east by Bay
Avenue; south by E. and ti, Wils.
ber~; west by ~E. and Il. Wlls-
7:40 P, M. (EDST), upon
plication of Dlllaye R. Davis,
Sterling Road. Cuteho~ue, Hew
York, for a variance in accord-
the Zoning Ordinance
Article III, Section 301 and the
Bulk Schedule, for permission to
divide lote with leas than requir-
ed area and frontage. Location
of property: north side Sterling
Road, Cutehogue, bounded north
by Kruzer & Rlshe; east by E.
McGarry; south by Sterling
R~d; west by Boyd. _ -
q:~o P. I~ (EDST), upun ap.-
of Andrew J. and
Sophie: P GybulsM~ Depot Lane.
Cutehc~ue, New York, for a var-
tance in accordance with the
Zoning Ordinance Article
Section 001 and the Bulk Sched-
ule a~d Section 2~0A of the
Town Law, for permission to di-
vide 0rope~ty with insufficient
area and frontage and approval
of access. ~ecation of property:
west side Depot Lane, Cutehogue,
bounded north by Long Island
Railroad, J. Gruhoskt and T. L.
Shalvey; east by Depot Lane!
south by 1~raneis McCaffery
Ignatius Smith; west by
Ileaney and othei, s.
8:00 P. M. (EDST), upon
pltcation of Martha C. ~eibelL
160 East 45th Street, New York,
New York and Herbert R. Henry.
61 Reeve Road, Rockvllle Centre,
New york, for a variance tn
abcordance with the Zoning Or-
dLnance~ ,Article ITi, Section
and the Bulk Schedule for per-
minion to divide property with
leas than required area. Location
of property, south side New Suf-
folk Avenue, Cuteho~ue, bounded
north by New Suffolk Avenue,
east by Munkenbeck; s~uth by
Seaman; west by J. Dean.
8:10 P. M. (EDSTI, upon ap-
plication of John and Bose Koro-
leskl, Sound Avenue, Mattituck,
New York, for a special exceptlJ~
tn accordance with the Zonh,
Ordinance, Article I~, Sectic
300, Subsection c-8d, for
n~ssion to erect subdivlsio~
identification sign with. reduce~
setback. Location of property:
Lot No. 4, Map of Rosewood
Estates, comer of Cox Neck Lane
and Rosewood Drtve, Mattituck,
New York.
8:20 P. M. (EI~T), upon ap-
plication of ~,-seses Restaurant,
Main Road, Arshamomaque, l~ew
York, for a special exesptiesl in
dtoance. Article ~I, ~ection ~00,
Subsection c-6f, for permission
to erect off premises directic~l
s~n on property of Chapel ~e
Associates, located south s~de
bounded north by cotmt~y
27; east by A. Shames and
others; south by St. peters
Church and ot~ees; west by
8:30 P. M. (~0~gD, upon'aP-
plieation of James W. Newell,
Main Road, Mattituck, New Yor~,
tot a special exception in
cordance with the Zoning Ordi-
nance, Article VI~, ~ect~
Subsection B~1, for permission
to operate an automobile repair
shop (public garage). ~oc~t.ion of
Mattituck, ~ounded north b~ ~..
IAndeay; east by F. Steiner and
others; south by C. ~gliler; west
by ~,~ Rc~d (Route
8:40 P. M. f~ST), upon
plieation of Mattttuck Free
brary, Main Rc~d, Matt~tuck,
New ~ffork, for a special exceptioll
in accordance with the Zoning
Ordinance, Article 1~, Section
sion. to hold' a book sale on
[grounds Mattituck Free IA*
[ brary, ox. .ly 7, 1973; rain date
July 14, 1973. Location of prop*
erty: south side Main Road, Mat-
tituck, bounded north by .a~ain
west by Reeve Lumber and
Wdodworking Co,. ~nc.
Hippodrome Road, Behxedon
lyard sale on July 20, 1973; rain
on !~emlses on June 301 1973;
9:29 P. M. (EDST), upon ap-
New York, for a variance in ac-
StoOl to divide property with less
~han required area and frontage.
.~oeation of property: ~outh side
q$outh View Drive, Orient, hound-
e~st by D. Robertson: south by
on the ~bove applicationS should
~ppoar at the time and place
a ~ve specified.
Dated: May 25, 197~
~y oRDER OF
~OAR~ O1~ AppEAL~
)F SUFFOLK }
NEW YORK ss:
~. Whitney Booth, Jr., being duly sworn, says
tis the Editor, of THE LONG ISLAND
n' MA'I-FITUCK WATCHMAN, a public news-
ed at Southold, in Suffolk County; and that
f which the annexed is a printed copy, has been
said Long Island Traveler-Mattituck Wotch-
eoch week for ....... wee
y, commencing on the ........... !,?./.~ ............
.......
5worn to before me this ...... ~...-~....... day of
.... .....
ADEI./ PAYNE
Nc~ary Pub c, State o[ New Yor~
Commrssio~ Expires March 30., 197~
NOTICE OF HEARINGS
Pursuant to Section 267 of ,'he
Town Low and the provisions of
the Amended Building Zone
Ordinance of the Town of
Southeld, Suffolk County, New
York, public hearings will be held
by the Zonin~ Board of Appeals of
the Town of Southeld, at the Town
office, Main Road, Scuthnld,
New York, on Juun 7, 1973, on the
following appeals:
7:30 P.M. (E.D.S.T.), upon
application of Ge~ge A. and
Helen H. McCarthy, Bay Avenue,
Mutlituck, New York, for a
variance in accordance with the
Zoning Ordinance Article XVII -
Balk Schedule for permission to
divide property with less than'
required area and frontage.
Location of property: west side
Bay Avenue, Mattituck, beunded
north by Main Road; cast by Bay
Avenue; south by E. and H.
Wilsberg; west by E. and H.
Wilsberg.
7:40 P.M. (E.D.S.T), upon
application of Diliayn R. Davis,
Sterling Road, Cutehogue, New
York, for a variance in ac-
and the Bulk Schedole, for per-
mission to divide letz with less
than required area and h, ontage.
location of properS: north side
Sterting Road, Cutchogue,
beanded north by Kruzer &
Riehe; east by E. McGarry;
south by Sterling Boad; west by
Boyd.
application of Andrew J. and
Sophie F. Cybalskl, Depot Lane,
Cutehogue, New York, for a
variance in accordance with the
Zoning Ordinance Article III,
~ection 301 and the Bulk Schedule
and Section ~0A of the Town
Law, for permission to divide
propert~ with iuenfBcient area
and frontage and approval of
access. Location of property:
west side Depot Lane; Cutchngue,
boanded n~th by Long Island
Railrond, J. Gruheskl and T.L.
Shalvey; east by Depot Lane;
south by Francis McCaffery and
Ignatius Smith; west by W.
Heaney and others.
9:00 P.M. (E.D.S.T.), upon
application of Martbe C. Lelbell,
1~0 East 48th Street, New York,
New York and Herbert R. Heory,
61 Reeve Road, Rcekville Center,
New York, for a variance in
accordance with the Zoning
Ordinance, Article 111, Section
~01 and the Bulk Schedule for
permission to divide property
Location of property, south side
New Suffolk Avenue, Cotchogun,
bounded north by New Suffolk
Avonue, east by Munkanbeck;
south by Seaman; west by J.
Dean.
8:1o P.M. (E.D.S.T.), upon
application of John and Pose
Koroleski, Sound Avenue,
Mattituck, New York, for a
special exception in accordance
with the Zoning Ordinance,
Article IH, Section 300, Sub.
section C-6d, for permission to
erect subdivision identification
sign with reduced setback.
Location of property: Lot No. 4,
Map of Rosewood Estates, corner
of Cox Neck Lane and Rosewood
Drive, Mattituck, New York.
8:20 P.M. (E.D.S.T.), upon
application of Drossos
Restaurant, Main Road, Ar-
sfiamomaque, New York, for a
special exception in accordance
with the Zoning Ordinance.
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
........ S.t~.~.~..q...L.?~3~V .............. lx~ing duly Sworn,
soys that ...b~.. is Printer and Publisher of ~he SUFFOLK
W££KLY ?IMES, a newspaper published at Greenport, in s~id
county; and ~hat the notice, of which ~he annexed is ~ printed
copy, has been published in the s~id Suffolk Weekly Times
once in each week, for ........ .o.n.~ ................ weeks
successivc~Iy eommeucing on ~he .... ~..}~..r.t.~-?.f~.r.~.~. .........
:.:. :: :. :. ..........
Article HI, Section 300, Sub~
section C-~, for permission to
erect off premises directional
sign on property of Chapel Lane
As~ueiates, located south side
County Road 27, Arshamomaque,
boanded north by Coanty Road
27; cast by A. Shames and
othars; south by St. Peters
Church and others; west by
Chappel Lane.
8:30 P.M. (E.D.S.T.), upon
application of James W. Newell,
Main Road, Mattituck, New
York, for a special exception in
accordance with the Zoning
Ordinance, Article VH, Section
700, Subsection B-4, for per-
mission to operate an automobile
repair shop (public garage).
Location of property: east side
Main Road, Mattituck, boanded
north by L. Lindsay; east by F.
Steinor and others; south by C.
Miller; west by Main Road
IRoute 25).
8:40 P.M. (E.D.S.T.), upon
application of Mattituck Free
Library, Main Road, Mattituek,
New York, for a special exception
in accordance with the Zoning
Ordinance, Article III, Section
300, Subsection B-14, for per-
mission to hold a book sale on
grounds of Mattituck Free
Library, on July 7, 1973; rain date
July 14, 197~. Location of
property: south side ~ Road,
Matlltuek, bounded north by
Main Road; east by Brooklyn
Diocese; south by M. Winiarz and
othors; west by Reeve Lamber
and woodworking Co., Inc.
8:45 P.M. (E.D.S.T.), upon
application of Dofores M. Wren,
Hippodrome Road, Beixeden
Estates, Scutheld, New York, for
a special exception in accordance
with the Zoning Ordinance,
Article HI, Section ~00, SUb-
section B-14, for permission to
hold a yard sale on July 20, 1973;
rain date July 21, 197~. Location
of property: Lot No. 1, Map of
Belxedon Estates, Block ?, south
side Hippodrome Drive,
Scuthold.
8:50 P.M. (E.D.S.T.), upon
application of Lilli~m Hove]l,
Arshamomaque Avenue,
Belxedon Estates, Scutheld, New
York, for a special exception in
accordance with the Zoning
Ordinance, Article III, Section
300, Subsection B-14, for per-
mission to hold a yard sale on
Jaly 7, 1973; rain date July 14,
1973. Location of property: Lot
No. 15, Map of Belxedon Estates,
Block 2, east side Ar-
shamomaqun Avenue, Southold.
8:55 P.M. (E.D.S.T.), upon
application of Roland Hin~le,
North Road and Carroll Avenue,
Pecenic, New York, for a special
exception in accordance with the
Zoning Ordinance, Article III,
Section 300, Subsection B-14, for
permission to hold a yard sale on
June 16, 1973; rain date June 23,
1973. Location of property:
coroer of County Road 27 and
Carroll Avenue, Peconic,
boanded north by County Road
27; cast by Carroll Avenue; south
by W. Hairsinn; west by Wolosik
and others.
9:00 P.M. (E.D.S.T.), upon
application of Dante V. and
Evelyn L. Morel, Bayview Road,
Southold, New York, for a special
exception in accordance with the
Zoning Ordinance, Article HI,
Section 300, Subsection B-14, for
permission to held a yard sale on
July 1, 1973; rain date July 8,
1973. Location of property: Lotz
No. 1, 2 and 157, Map of Cedar
Beach Park, north side Bayview
Road and west side Cedar Beach
Road, Southnld.
9:05 P.M. (E.D.S.T.), upon
application of North Fork Teen
Center, Inc., North Road, Mat-
tiinck, New York, for a special
exception in accordance with the
Zoning Ordinance, Article III,
Section 300, Subsection B-14, for
lm~nission to held a yard sale on
premises on Jane 30, 1973; rain
date July 7, 1973. Location of
p~operty: North side North Road
(Coanty Road 27), Mattituck,
bounded north by Horton Avenue
(Road) and Kaiser; east by C.
Sanders and C. Born; south by
North Road (County Road 27);
west by J. Hans and Bradley.
9:10 P.M. (E.D.S.T.), upon
application of David A. Rothman,
Mnln Road, Southold, for a
variance in accordance with the
Zoning Ordinance Article XII,
Section 1204 ia), f~r permission
to expand existing . non-
conforming use more than 50 per
cent of existing capacity.
Location of property: south side
Traveler Street, Southold,
bounded north by Traveler
Street; east by Henry Prince;
south by Czartdeskie; west by
Long Island Traveler, Inc.
9:20 P.M. (E.D.S.T.), upon
application of Frank and
Katherine Bondarchuk and
William and Helen Keller, Main
Road, Orient, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section $01 and the Bulk
Schedule, for permission to
divide property with less than
required area and frontage.
Location of property: south side
South View Drive, Orient,
bounded north by South View
Drive; east by D. Robertann;
south by Dreakoskl; west by land
new or formerly of Tuthili and
Any person desiring to be heard
on th9 above applications should
appear at the time and place
above specified.
Dated: May 25, 1973
BY ORDER OF THE
BOARD OF APPEALS
1TM31
· ~ FOP~I NO. 3 ~'
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
Ta ........... ~ ........ ~.~ .................. ~ ........ ;[.. ............
.............. ........... :: .....
PLEASE TAKE NOT~i~E, thct ~our oEpli~ation dated .................................. ,..,~.,~ ...... ~..
for permit to c~onstruc--"~-'"t .......................... :...........f ..at the premises ]occted at ...............
.................................................................... ,~reet, ,, ~"
~tap .................................. : ..... B~oc~ ........................................ Lot ..~~:....~:....
returne d sa roved on the following g,ound~s ..........................................................
..... .,..::._:.._/..::_: ..... : ...................................................... :!...~. ......................................................
........
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE .... .~./..~/..?..~. .........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1. :~ ..,..D..I..~.Y..~.... ~ .~....D.~.V..i..~. ....................... of ....$..'¢g%~. ,%..%,~... ~4; k~.~ .........................................
Nome of Appellant Street and Number
.............. .C.:~.%'.,.c..t.%.o..~/D...e.,~. ....................................................... :N~...~.Q~ ........... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
()
()
(X)
DILLAYE R. DAVIS
Name of Applicant for permit
of
.... Ao. fl,, ............... .q .................N..e.A...¥..q.r...k. ...................
Street and Number Municipality. State
PERMIT TO USE
PERMIT FOR OCCUPANCY
~EP~T ~o set off lots ~ith less than 40,000 square foot area
LOCATION OF THE PROPERTY .~/~..S. terling..l{oad.,...~.=ho, gn~...[4~...(A.-.~.i~ential &
Street Use District on Zoning Map
Agricultural)
.........
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.)
Section 301
3. TYPE OF APPEAL Appeal is made herewith for
(~I) A VARIANCE to the Zoning Ordin.ance or Zoning Map
( ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
~,. PREVIOUS APPEAL A previous appeal X~:~X(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 ......................................................................
REASON FOR APPEAL
( ) A Vcriance to Section'280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
,s requested~C~Fl:~YeY~~ ttache~ hereto are copies of t~o deeds ~nerein
applicant acquired the parcels as sh~n on Xerox copy of survey. Applicant
a=q~ired ~/%e easterly, or residence parcel, from her father in 1949 by deed
a.n Liber 2980 cp 224~ and acquired t/~e westerly, or vacant parcel, from her
brother in i963 by deed in Liber 5344 cp 119. Applicant desires to sell
¢'~e easterly residence parcel and construct a smaller residence on ~te west.
~:rly parcel for her ~usband and herself° Each parcel has an area of 0.556
Form zBz acres, (Continue on other side)
REASON FOR APPEAL Continued
]. STRICT APPLICATION OF THE ORDINANCE would produce practica~ difficulties or unneces-
sary HARDSHIP because the present residence is on ~e easterly portion of
easterly parcel~ leaving a large ~rea to 'Me West whi-~h would be 'an~sab!e
and ~ould hav~ to be main'~ained at considerable expense~
2. The hardshipcreatedis UNIQUEandisnotshared by alt properties alike Jn the immediate
vicinity ofthis property and in this use distr~cto~j~ ~his is ~he only vacant lot in
~he i~r~iate area. ~he surrounding parcels all have residences on 'them
' welI-centered~ and have areas of less ~han one acre.
3. The Variance would observe the spirit of the Ordinance and WOULD NO/ CHANGE THE
CHARACTER OF THE DISTRICT.~ S~3omitted herewith is a survey showing
~he blo~k on which ~hese parcels and immediate parcels are tocated~ ~d
also showing t~ae distances between houses, i~ no way could the ~onstruc-
~ion of a residence on ~he westerly parcel in%effete ~ith ~a surro~dinq
residences in proximity.
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
SS
Sw~ay of .................... ~lay'~ .......................... 19 73.
~OTA~Y PUBLIC, ST,t]'~{ OF NEW
No, 5~-4cc,
Qualified in Suffolk County
~e~m Expkes ~m'~h 30, 1975
WICKNAM & LARK~
MATTITU~K! LONG ISL~.ND
NEW YORK
P.Co
May 16, 1973
Board of Appeals
Town of Southold
Town Clerk's Office
Southold, New York 11971
Gentlemen:
Inspector,
of
WW:jgm
Encs.
Re: Dillaye R. Davis - Request for Variance
Enclosed is Appeal from Decision of Building
in duplicate, together with our check in the sum
$15.00 to cover your fee.
u 2980
:I
and
forty-nine,
] gt ggS Aoun n. R .ND U,
Nassau County, New York,
n enture,
day of August, nineteen fiu~dred
residing at 5~ Denton Avenue, East Rockaway,
and DILLAYE RIENDEAU DAVI~ ,
part y o[ the £rst part,
reaidlng at 52 Denton Avenue, East Rockaway,
Nass~County, New Tork,
i itne etg,
that the part
Y
part y
o~ the t;rst part, Jn conMderatlon o~
o£ the second part,
.................. TEN ($10.) ..................... T-Dollars, law/ul money o£ the United States,
andother good ~nd valuable consideration,
~paid by the part y o[ the second part, doe s hereby grant and release nnto the party of the second
part, her heirs and assigns forever,
~U that tract or parcel of laud, situate, lying and being at Peconic, in the
Town of Southold, County of Suffolk and ~ate of New York, bounded and described aa
follows: -
BEGINNING at a point on the northerly line of Sterling Road at the.Southeasterly
corner of the premisea herein described, (which poin~ is South 69 de~rees 48 minutes
50 second~ West, a distance of 2~3.34 feet (along said northerly line of Ste~ling Road)
from a monument at the intersection of the northerly line of Sterling Road and the
Westerly line of ~iorton Road); running thence South 69 degrees 48 minutes 50 eecond~
West, a distance of 133.~ feet; running thence No, th 23 degrees 50 minutes wort, a
distance of 18~.00 feet; running thence north 89 degrees 48 minutes 50 secol~ds East,
a distance of 153.3~ feet; running thence South 25 degrees 50 minutes East, a distance
~of 18~.60 feet to the point o~ place of beginning. Containing O.§S8 acre by survey.
TOGETH'nR with all the right, title and interest of the party of the first part,
if any~ In and to ~terllng Road In front of and abutting said premises.
Being and Intended to be a portlon (of. Plot numbered 125 on a certain map entitled
"Map of ~asau Farms", filed in th~ Suffolk County Clark's Office on Mzrch 28, 19S$
under File ~1179) of the premises conveyed by Ralph W. Sterling to Raoul Rlendeau,
the party of the first pert herein, by deed dated October !2~ 1935, and recorded in ~/
Suffolk County Clerk's Office in Liber 18~5 of Deeds at ~ge 416 on October
TO~ ~ the ~1~ ~o the ume, In co. on ~l~h others, of ceftin pre~mes
~own on said ~ as ~ u~umhered lot, bonded NoPtheply ~ la~ of G~o~ge F. BottJer; '.
E~terly by Bay Av~ue, a dist~ce of 110 feet, ~re or less; ~utherly by Sterli~
R~d, ~d ~esterly by ~dwin~s Creek.
~ O~t[~t;. with the appurtenances and all the estate and rights of the part ¥ o£ the Arst part in and to said
premJses.
her heirs and assfg~ forever.
the said part y of the ~Srst par~ covenant s
~iF~to--That the part ¥ o£ the ~rst part
as follows;
seized of the said premises in fee simple,
and has good right to convey the same,
--That the part y o£ the second part shall quietly enjoy the said premises;
~iFb.--That the said premises are free £rom incumbrances;
~OIEt~.--That the part y
i o£ the title to said prewJses;
! ~i~. mThat the part y
of the ~rst part will execute or procure any further necessary asaurance
of the ~rst part will forever warrant the title to said premises.
~.--That the grantor, in compliance with Section 15 o£ the Lien Caw, covenants that the grantor
will receive the consideration £or this conveyance and wll] hoId the right to receive such consideration as
a trust £und to be appIied tlrst for the purpose o£ paying the cost o£ the improvement and that the grantor
will apply the same ~rst to the payment o£ the cost of the improvement before using an~ pa~ et the tota]
o~ the same for ~n~ ot~er purpose.
· o.[oaOtreot,, the part X o£, o rat part
and seal the day and year ~rst above written
In p;t~t~t of:
hereunto set hls
~t~t~ Oi NEW YORK, ~
~ Of SUFFOLK. I ~':
Onthe ,'~5 dayo£ ~%ugust,
be£ore me came
RAOUL L. RIE~AU,
Mneteen hundred and
forty-n/ne,
to me known and known to me to be the indivldual described in, and who executed, the foregoing instru-
ment, and acknowledged to me that he executed the same.
RECORDED
AUG 11~
~SSELAER G. TERRY, Jr.
THIS INDENTURF~ made the 29th dayof April , nineteen hundred and sixty-three
BETIVEEN ROBERT PEARnrE RIENDEAU, residing at 2012 West Rancho Drive,
Phoenix, AriZona, .
party of the first pan, and DILLAYE RZE~DEAU DAVIS, residing at Sterling Road,
Cutchogue, To~a o£ Southold, Suffolk County, New York
party o£ the second pan,
WITNEntETIt, that the party of the first part, in consideration of One and O0/lO0 ............
............................................... (~ 1 o 00 ) donets,
lawf~ money of the United S~tes, a~d othe~ good and valuable co~side~ationpaid
by the party of the second part, does hereby grant and release unto the party of the second pan, the heirs or
successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land,~~ffrh~$~:Xhi~lleli~:lx~ situate,
lylngand belng.~e~ ~t Poeonio, Town of South0.1d, Suffolk Gounty, New
York, bounded and described as follows:
BEGINNING at a point ok the northerly line of Sterling Road at
the southeasterly corner of the premises herein described which ~oint
is South 69n 48' ~0" West a distance of 366.67 feet along said
northerly line of Sterling Road from~:a monument at the intersection
of the northerly line of Sterling Road and the westerly line of
Horton Road; running thence along the northerly line of Sterling
Road, South 69° 48' ~0" West a distance of 133.33 feet to land
or formerly of R. L. Rieadeau; ~unaing thence along said land of
R. L. Rieadeau, two courses and distances as follows:
l) North 23° ~0~ West a dist~u~ce of 182.00 feet; thence
2) North 69e 48{ ~0" East a dts~a.~ca.of 13~.3~ fo~t to la~d
the party of the second part; ~unning thence along said land of the
party of the second p~rt, South 23° 50~ East a distance of 182.00
feet to the' monument on the northerly side of Sterling .Reid the ..
point or place of BEGII~L~G. Containing 0.~6 acres by survey.
TOGETHER with the right to :the use~,, in co:~_~on with others,~ of
certai~ premises showu on said map as aa unnumbered lot~ bounded
northerly by land of George F. Bott jet; Easterly by Bay Avenue, .a
distance of ll0 re:et, mo~e. or less, southePly by Sterling Read and
westerly by B~ldwiut s ~meek. ~ . . .~ . · ~.
.' BEING.AND~TE~DED T0.~BE tb~e s.ame p~emises co. aveYed by Raou~ L.
Rze~dea~.to..R~bert Pea~e Rie~eau by de0d dated August 8, 1949 ~d
Recorded i~ S~folk Coun~ Clerk's O~c~ on August 12, 1949 in~ Libe~
2980 of deeds at page 227. ~ ~. ~
TOC~THER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described pr~m;ses to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to
s~dd pr~'nises,
TO HAVE AND TO HOLD the premises herein granted unto the par~y of the s~cond part, the heirs or
successors and assigns of the pm'ty of the second ~ forever.
AND the party of the first part covenants that the pan'~y of the first Hart has not done or suffered anything
whereby the said prcmlses have been incmnbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law,' cown~-~ that the pan'y o£
the first part will receive the consideration for this conveyance and will hold the right to receive SUch consld~
eration as a trust fund to be applied ~st/or the purpose o£ paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part o£ the total of the same for
any other purpose.
The word "party" sh~l! be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the.first part has duly excented this. deed the. dsy~ and.!~ea~, first above
written.
~IH PR.~ENCE
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