HomeMy WebLinkAbout1755
TOWN O~ SOUTHOLD, NEW YORK
ACTION OF TH~ ZO~ ~OA~D OF ~P~EALS
Appeal No. 1755 Dated April 16, 1973
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Anthony Gambino
Deep Hole Drive
Mattituck, New York
DATE ~7~y....~.,. 1973
Appellant
at a meeting of the Zoning Board of Appeals on May 10, 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
(X) Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board R was determined that a ~ec~l excep~on ( ) be
~a~ed ( ) be denied pur~ant to Article .................... ~c~on '. ................... Sub~ction .................... paragraph
.................... of the ~ni~ Ordinance and the dec.ion of the Bufld~g I~pector ( ) 'be reversed ( ) be
co~med ~ca~e 7:40.P.M. (E.S.T.), upon application of Anthony Gambino,
Deep Hole Drive,,Mattituck, for a variance in accordance with the
Zoning Ordinance, Article III, SectiOn 303 and Bulk SChedule~ for
permission to construct addition to dwelling with leSs than
required side yard and will change setback. Location of property:
Deep Hole Drive, Mattituck, bounded north by Mathais Brewi; east
'by Deep Hole Drive; suuth by G. Nuz'Zelo; west by DeeP Hole Drive.
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
hardship because
practical
difficnlties or unnecessary
SEE REVERSE
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
SEE 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 coy-firmed ( ) be reversed.
SEE REVERSE
FORM ZB4
APPROVED
ZONING BOARD OF APPEALS
Marjorie McDermott, Secretary
After investigation and inspection the Board finds that
applicant requests permission to construct addition to dwelling
(garage) with less than required sideyard, and will change
setback on premises located on Deep Hole Drive, Mattituck, New
York. The findings of the Board are that the depth of the lot
is substantial and that the garage will be located a distance
of 80 feet (plus) from Deep Hole Drive. 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 ~eighborhood, and will observe the spirit
of the Ordinance.
THEREFORE IT'WAS REsOLVED Anthony Gambino, Deep Hole Drive,
Mattituck, New York, be GRANTED permission to construct addition
to dwelling with less than required sideyard, and will change
setback, on property located on Deep Hole Drive, Mattituck, as
applied for, subject to the following conditions:
1. That the garage shall be located no closer than
80 feet from Deep Hole Drive.
2. That the garage shall be located no closer than
5 feet to any side line.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigonis.
LEGAL NOTICE
Notice of Hearings
7 of the ToWn Law and the provisions
Building Zone Ordinance of the Town of Southold,
New York, public hearings will be held by the
Town of Southold, at the Town
Office, Main Road, Southold, New York, on May 10, 1973, on the
7:30 P.M, (E~D.S.T), upon application of Ekinny Dip P~l Co.,
Inc., 250 Cox Lane, Cutchogue, a/c Richard Addy, Sound View
Avenue, Southold, for a variance in accordance with the Zoning
Ordinance Article III, Section 300 C and Section 302, for
permission to construct swimming pool in side yard area. Locatio~
of property: north side Sound View Avenue, Southold, New York,
bounded north by Long Island Sound; east by Alfred H. Cosden;
south bT Sound View Avenue; west by Estate of Joseph H. Marshall.
7:40 P.M. (E.D.S.T.), upon application of Anthony Gambino,
Deep Hole Orive, Mattituck, for a variance in accordance with
the Zoning Ordinance, Article III, Section 303 and Bulk Schedule,
for permission to construct addition to dwelling with less than
required.side yard and will change setback. Location of property:
Deep Hole Drive, Mattituck, bounded north by Mathais Brewi; east
by Deep Hol~ Drive; south by G. Nuzzolo; west by Deep Hole Drive.
7:50 P.M. (E.D.S.T.), upon application of Skinny Dip ~ool
Co., Inc., 250 Cox Lane, Cutchogue, a/c Arthur Siemerling, Inlet
Drive,i Capt. Kidd Estates, Mattituck, for a variance in accordance
with the Zoning Ordinance, Article III, Section 300 C and Section
ion to build swimming pool in side yard area.
Legal Notice
Page 2
Kidd E
f: Lot ~70 and I/2 of lot %69, Map of~Capt~
res, Mattituck, New York.
8:00 P.M. (E.D.S.T~), upon application of Charles O. and
Florenc~ A. Ziegler, 1600 Bay Avenue, East Marion, for a variance
in accordance with the Zoning Ordinance Article. IV, Section 400
and Bulk Schedule, for permission to divide property with less
than required area. Location of property: west side Bay Avenue,
East Marion, New York, bounded north by W. Washburn; east by Bay
Avenue; south by Marion Lake; west by W. Washburn.
8:10 P.M. (E.D.S.T), upon application of S. Lloyd Dickerson,
Main Road, Mattituck, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 305, as applicable
to Article VII, for permission to construct six foot high chain
link fence in front yard area. Location of property: Main Road
and Sigsby Road, Mattituck, New York, part of lot #2 and ~3,
Map of Mattituck Park Property.
Dated: April 26, 1973
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
PLEASE PUBLISH ONCE, May 3, 1973, mD FORWARD FIVE (5) AFFIDAVITS
OF PUBLICATION TO THE $OUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD~
SOUTHOLD, NEW YORK
Copies mailed to the following on April 26, 1973:
The Long Island Traveler-Mattituck Watchman
The Suffolk Weekly Times
Skinny Dip ~ool Co., Inc. a/c Richard Addy
Anthony Gambino
Skinny Dip Pool Co., Inc. a/c Arthur Siemerling
Charles O. & Florence A. Ziegler
, S~ Lloyd Dickerson
NOTICE OF HEARINGS
Pursuant to Section 267~ of the
Town Law and the provisi' "of
the Amended Building Zo )r-
dinance of the Town of So~ · ,old,
Suffolk County, New YorK,; blic
hearings will be held b ,.he
Zoning Board of Appea'*, el the
Town of Southold, at the Town
Office, Main Road, Southold,
New York, on May. 10, 1973. on
the following appeals.
'/:30 P. M. (El)ST), upon appli-
cation of Skinny Dip Pool Co..
Inc., 250 Cox Lane, Cutchogue, a/c
Richard Addy, Sound View Ave-
nue, Seuthold, for a variance in
accordance with the Zoning Or.
dinance Article IlL Section 300 C
and Section 302, for permission to
construct swimming pool in side
yard area. Location of property:
north side Sound View Avenue,
Southold, New YorK, bounded
north by Long Island Sound;
east by Alfred H Cosden; youth
by Sound View Avenue; west by
Estate of Joseph ~I Marshall
7:40 P. M. (EDST), upon appli-
cation of Anthony Combine,
Deep Hole Drive, Mattituck, for
a variance in accordance with
the Zoning Ordinance, Article
IH, Section 303 and Bulk Sched-
ule, for permission to construct
addition to dwelling with less
than required side yard and will
change setback. Location of prop-
arty: Deep Hole Drive, Mattituck,
bounded north by Mathais Brewi;
east by Deep Hole Dx;ire; south
by G. Nuzzolo; west by Deep
Bole Drive.
~:50 P. M. (EI~ST), upon ap-
plication of Skinny Dip Pool Co..
Inc., 250 Cox Lane, Cutchogue,
a/c Arthur Siemerling~InletDrive,
Capt. Kidd Estates, Mattttuck,
for a variance in accordance wi%h
the Zoning Ordinance, Article
III, Section 300 C and Section 302
for oermission to build swim-
ming pool in side yard area. Lo-
cation of p:'operty: LOt No. 70
and ~5 of lot No. 69, Map of
Capt. Kidd Estates. Mattiluck
New York.
8:00 P. M. (EDST), upon
plication of Charles O. and Flor-
ence A..Ziegler, 1600 Bay Avenue,
East Marion, for a variance' in
accordance with the Zoning Ordi-
nance Article IV, Section 401) and
Bulk Schedule, for permission
[o divide property with less than
required area. Location of prop-
erty; west side Bay Avenue.
East Marion, New York. bounded
north by W. Washburn; east by
Bay Avenue: .south by Mm'mn
Lake; west by W. W~shburn.
8:10 P. M. (EDST), upon ap-
plication of S. Lloyd Dickerson,
Main Road~ Mattituck, New York.
for a variance in accordanc~ with
the Zoning Ordinance. Article
III, Section 305, as applicable to
Article VII, for permissmn to
construct six foot high chain llnk
fence in front yard area. Loca-
tion of property. Main Road and
Sigsby Road, Mattituck, New
York, part of lot No. 2 and 3,
Map of Mattituck Park Proporty
8:20 P. M. (EDST), upou ap-
plication of George Bird, Lupron
Point Road, Mat'tituck, for a
special exception in ~ccordance
with Zoning Ordinance, Article
III, Section 300 B-14 for permis
sion to conduct an Auction Sale
on property of J. B. Cassldy, Inc.,
location of property. Boisseau
Avenue, Southold. bounded north
by Peter Meyer, Jr., east by Peter
Meyer. Jr., south by Long Island
8:30 P. M. iEDST), upon ap-
plication of Elizabeth M Villa
Dated: April 26, 1973
BY ORDE]~ OF THE
SOUTHOLD TO~VN
COUNTY OF SUFFOLK
STATE OF NEW YORK
C. Whitney Booth, Jr., being duly swam, soys
that he is the Editor, of THE LONG ISLAND
TRAVELER - MA'I-I'ITUCK WATCHMAN, o public news-
paper printed ot Southold, in Suffolk County; and that
the notice of which the annexed is o printed copy, has been
published in said Long Island Troveler-Mottituck Watch-
man once each week for ............ ~...~... weel~
successively, commencing on the ............ .~,~:~..~...~ ............
Sworn to before me this ......... ..~ .......... day of
NOTICE OF HEARINGS
Porsuant to Section 267 of the
Town Low and the provisions of
the Amended Building Zone
Ordinance of the Town of
Southoid, Suffolk County, New
York, pubUc bem~ will be held
by the Zo~ng Beard of Appeals of
the Town o! Sunthold, at the Town
New York, un May 10, 1973, on the
following appeals:
7:30 P.M. (E.D.S.T.), upon
appUcetion of ~Juny Dip Pool
Co., Inc., ~0 Cox Lane, Cat-
chogue, a-c Eicha~d Addy, Sound
View Avenue, Southold, for a
variance to aceardance with the
Zoning O~dinance, Article III,
Section ~00 C and Section ~02, for
permission to censt~uet swim-
ming pool in. side' yard area.
Location of property: north side
Sound View Avenue, Soutbeld,
New York, bounded north by
Len~ Island Sound; east by
A~ed H. Cosden; south by Sound
View Avenue; west by Estate of
Joseph H. Marshall.
I ~7:40 P.M. (~..D.S.T.), upon
I appUcation of Anthony Gambino,
Deep HeleD~ve, Mattituck, for a
variance to aooordance with the
Zoning O~liannce, A~tiele III,
Section ~0~ and Bulk Schedule,
for permission to construct ad-
.dliian to dweU~ng with less than
requ~ed side yard and
change setback. Location ofi
property: Deep Hole Drive,
MatUtuck, bounded no~h by
Mathais B~wi; east by Deep
Hole D~ve; south by G. Nu~olo;
west by Deep Hole Drive.
7:50 P.M. (E.D.S.T.), upen
appUcation of Skinny Dip pool
CO., Inc., ~0 Cox Lane, Cut-
chogue, a*c A~thy~ Sleme~Ung,'
~]et D~ve, Capt. Kidd Estates,
Mattituck, for a valance in
accordance with the Zoning
O~Unance, A~tiele III, Section
300 C and SecUon 30'2, for per-
.missiou to buUd swimming pool
m side ya~ aesa. Location of
property: Lot No. 70 and ~ of lot
No. ~9, Map of Capt. Kidd
Estates, Mattituck, New York.
8:00 P.M. (E.D.$.T.), upon
appUeatien of Char]es O. and
Florence A. Z~egler, 1~0 Bay
Avenue, ~ast Mm:ton, for a
vm*iance in accordance with the
Zoning Ordinance, Article IV,
SccUon 400 and Bulk Schedule,
for po~missiun to divide property
with less than requl~ed area.
Location of property: west side
Bay Avenue, Enst Ma~on, New
York, bounded uerth by W. Wash-
born; east by Bay Avenue; south
by Ma~un Lake; west by W.
Washburn.
8:10 P.M. (~..D.S.T.), upon
appUeation of $. Lloyd Dickor-
son, Ma~ Road, Mattitock, New
York, for a variance to ac-
cordance with the Zoning 0~-
dinance, Article III, SecUon
as applicable to A~ticle VII, for
permission to e~ms~*uet six foot
h~gh cbato link fence in front yard
area. Location of property: Main
Road and Sigsby Road, ~_at-
tituck, New York, part of Lot
2 and No. 3, Map of Mattitock
Park P~oporty.
8:20 P.M. (F..D.s.T.), upon
application of George Bird,
Lupton Point Road, MatUtuek,
New York, for a special exceptiun
in accordance with the Zoning
O~dinsnce, A-~tiule IH, Section
~00 B14, for perm~esiun to couduct
an auntian sale on proporty of
J.H. Cassldy, Incorporated.
Location of property: Bainseau
Avenue, Southeld, bounded no~b
by Peto~ Meyer, Jr.; east by
Petor Meyer, Jr.; south by Long
Island Railroad; west by
Boisoeau Avenue.
8:~0 P.M. (~..D.$.T.), ~po~
app]icaUon of ~.abeth M. Villa,
Babinson Lane, Peeouie, New
York, for a special exception in
accordance with the Zoning
Ordinaqce, Allele IH, ~tion
~00 B14, for permission to cenduct
a Yard Sale un p~operty of
~iv:~beth M. ViUa, east side of
Robinson Lane, Lots No. 20 and
No. 21, Map of PccouJc Bay Oak~,
Pecunic, New York.
Dated: April ~S,
BY OEDER OF ~
COUNTY OF SUFFOLI~ I
STATE OF NEW YORK, ~ ss:
J
Stuart C. Dorma~
...................................... being duly Sworn,
says that. ...... he is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published ~t Greenport, in said
county: and that the notice, of which the mmexed is a printed
copy, lMs been published in the s~dd Suffolk Weekly Times
once in eoch week, tot o~e
............................ weeks
successively oommencing on the thri~
day of .... ,~.
Sworn to before me this ~
C[ks. No 52 9366350
t~y Commission [x2ires I~larch 30, 19
TOWN OF SOUTHOLD, NEW YORK
A~PEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of Appellant' Street and Number
/VCunicipal'"" -- it,/ ' State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD)NG INSPECTOR ON
,~P P ~, CAT I ON FOR PERM , T NO ..................................... DATED .......... ~/~ ./...-~. .....................
~/HEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for per, it
/%,
of
.... .~t~.~.....~...q~ .................. .~.4~.....:~.~,..4. .............. ~.~ .....................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
LOCATION OF THE PROPERTY ..~...~"~.'"~......~..~.~,.~..,~..4'~,,1.~..~ .................... A~..~....~....~... ......
Street
Use District on Zoning Mop
.PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
orion and_Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
,)TYPE OF APPEAL Appeal is mode herewith for
A VARIANCE to the Zoning Ordinance 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 (]~(hos not) been made with respect to this decision
the Building Inspector or with respect to this property.
~ch appeal was ( ) request for a special oermit
( ) request for a variance
and was made in Appeal No ................................. Dated .....................................................................
REASON FOR APPEAL
A Variance to Sectibn 280A Subsection 3
A Variance to the Zoning Ordinance
(I)
i~; requested for the reason that ~'~ ~t~/~?tm¢.~¢~'~
(Continue on other side)
REASON FOR APPEAL
Continued
I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sbry HARDSHIP because
/Co
2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinity of this property and in this use district because
CHARACTER OF THE DISTRICT because
The Vadance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
STATE OF NEW YORK )
) Ss
COL NTY OF~OI~OL~. ) Signature
Notary Public "PETER i~. COLEMAN -
Nl~ary Public, State of New Yor~
No. 52-5758570
Qualified in SuffOlk County
Commission E×pires March 30, 1974
FORM NO. 3
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN C.~ERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
19....~..~
T~ 1.4.:.~.~.:..~~....~...~..~.......,~ ~,~ c~~
................ ~..~:~ ...........................
............................................................................... o ~ /~ :~
PL~SE T~KE NOTICE tkat your application dated ........ ::.~ ................................. , ]~ ........
.......... :~ ....................... ~lock ..... ~ .............................. Lot ...... ~ ....................................... is
Building Inspector
FOI~M NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFIGE
SOUTHOLD, N. Y.
Examined ......................................... 19 ........
Application No .................................
Approved ........................................ , 19 ........ Pemit No .....................................
Disapproved i o/c ............................................................................................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date ...... A ~, ./~......~.......!.~. ........... . 19.?..~ ....
INSTRUCTIONS
a. This al~plication must be completely filled in by wpewriter or in ink and submitted in triplicate to the Building Inspector, with
3 sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot ana of buildings on premises, relationship to adjoining_ premises or public streets or areas, and
giving a detailed description of layout of property must be drawn on diagram which is part of this application.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kepi on
the premises available for inspection throughout the work.
e. No builUing sha' be occupied or used in whole or m part for any purpose whatever until a Certificate of Occupancy shall have been
granted by thle Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone
Ordinance of the Town pf Southold, Suffotk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of
bud ngs, add tions or alterations, o~ for removal nr demolition, as herein described. The applicant agrees to compiv with all applicable laws.
ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections.
(Signature of applicant, or name, if a corporation)
.........
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
.................... ......................................... .......................................................................
Name of owner of prem ses ...................... .~.~.~.1..~....~1..~ ...... .~x~..~l.~¢~t...I~ .............................................................
If appljca, nt ils a corpJ;~te, si~l'~tu re of duly authorized officer.
....... ....
~, '~ ....t,~Na, m,e and title 6f corporate officer)
"~-/Buiider s L cense No ..........................................................
Plumber's License No .........................................................
Electrician's License No .....................................................
Other Trade's License No ...................................................
1. Locatio~ of land on wh ch proposed work w be done Map No .............................. Lot No .....
' Is... cc ....................
S reet and Number ........ ~ .~'.. .~..(~..i....~.
........ ~1..~. f~.~¢~...........................t ' ~' I -
Municipality
2. State e~isting use and occupancy of premises and intended use and occupancy of proposed construction:
a Ex ~st ng use and occupancy ...~. [t.~ ~ F .~T!I~.... f.%,.-I. J..~.'~ t I~ ~.q .'d ~,'~~-
b. Intended use and occupancy ..................................................................................................................................
:3. Nature of work (check which applic~-~',): New Building ....................... AddW~ -,~. ............. Aitaraticn
Repair ......................... Removal ......................... Demolition .................. , ..... Other Wor]~
{Description)
4. Estimated Cost ...... ~,.,~.,~.,: .................. Fee .................. l..[,_.~
(to be p~d on fi~nG this
5. If dwelling, number of dwelling units .................Number of dwelling un,ts on e~ch floor
If garage, number of cars
6, If business, commercial or mixed occupancy, specify nature and extent of each type of use
7, Dimensions of existing structures, if any: Front .,,~. ......... ~e~r ..... ~,~ ............. D~th _.,~,~,
Height .......... [.~ .......................................... Number of Stories ........ ~.~.~
Dimensions of same structure with alterations or additions: Front ~..~,~ .............. ~sar ..~
Depth ....... .~.] ............................... Height ........ J_~. ........................... Number of Stories ,,,-~.!.~
8. Dimensions of entire new construction: Front ..... .~.~ ........... Rear ...... J.~ ................ Depth .~
Height .............. L~. ............................ Number of Stories ...........~Z~
9. ot: F o.t ........... ................... .............. ................... .......
10. Date of Purcham ..................................... Name of Former Owner ............ ~.~.].~t.~.~
] 1, Zone or use district in which premims are situated ............ ~
12. Does proposed constructio~ violate any zoning law, ordinance or regulation:
13, Will lot be regraded ........ ~.~ .............. Will excess fill be removed from premises: [ ] Yes ~
14. Name of Owner of premises .~.~.~,.,...~.~&~.~ ....... ~.~~.,.~.~.~4 ..........................
(Address) (Phene
Name of Architect .............................................................................................
~ ~ -- ~ (Address) . ~ Phone
Nam. of Contractor .~.~.,..]~.,.,~..Z.~.~..,,.~.~.[~.,
PLOt DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and indicate ali s~t-~aok d,imene4ons from
property lines. Give street and block number or description according to deed, and show street names and indicate wheth-
er interior or corner lot.
STATE OF NEWYORK~. ,.
COUNTY OF , ~,~..}-.~,...1~.. ~...~..,~ ................ )
( f ~ing con.act)
............................................................................. ...................................................
/Contractor. agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to ~rform or have performed the ~id work and ~o make and f~le this app}~cation; thag all
statements contained ia this application are true to the best of his knowledge and ~[ief; and that th8 work will ~ ~'~ormed ~n the man~
set forth in the application filed therewith.
-- ~R1 LEE
I ~ ~ ' ~ ~T~Y PUBLId, ~t~of New York
...................................... day of ........... ~ ................... ~, 1~-~5
Notary Pub c, ,~~....~..%~.~..~.... CounW ....................... ~~..~ .~.....,l ~ ................