HomeMy WebLinkAbout1784
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1784 Dated May 18, 1973
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Martha C. Leibell & Herbert R. Henry
160 H. 48 Street 61 Reeve ROAD
New Yorkt N.Y. Rockville Center, N. Y.
DATE .J%/~14~--.7.~ 1973
AppeHant
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
(X) Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... et the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 8:00 P.M. (E.S.T.), upon application of Martha C.
Leibell and Herbert R. Henry, 160 E. 48 Street, New York,
N.Y., and 61 Reeve Road, Rockville Center, N. Y., ~espectively,
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: sQuth side New Suffolk Avenue, Cutchogue, bounded
north by New Suffolk Avenue; east by Munkenbeck; south by Seaman;
west by J. Dean. 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
hardship because
difficulties 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
(would not)
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Buildin4~ Inspector ( ) be confirmed ( ) be reversed.
SEE
~O~,'~N~ BOAR~ ~F .~F.,A~
~~~rjo~ie McDermott, Secretary
After investigation and inspection the Board finds that
applicant requests permission to divide property with less
than required area, located on the south side of New Suffolk
Avenue, Cutchogue. The findings of the Board are that the
division of property will leave two lots of approximately
39,000 sq. ft. each. 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, Martha C. Leibell, 160 East
48 Street, New York, N. Y., and Herbert R. Henry, 61 Reeve
Road, Rockville Center, N. Y., be GRANTED permission to divide
property with less than required area, located on the south
side of New Suffolk Avenue, Cutchogue, as applied for,
subject to the following conditions:
1. That applicant divide the property equally so that
each lot will measure approximately 39,000 sq. ft.
2. That applicant furnish the Board of Appeals with a
copy of survey showing the equal division of the lots.
Vote of the Board:
Grigonis.
Ayes:- Messrs:
Gillispie, Bergen, Hulse,
LEGAL NOTICE
Notice of Hearings
=suant to Section 267 of the Town Law and the provisions
of .lding 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
8~fice, 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 vari&nce 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, Cutchou~ue, 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 varian¢
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. Gr.uhosk2
[ and T. ~Shalvey; east by Depot Lane; south by Francis McCaffery
and Ignatius Smith; west by W..~Hean~y~and 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~C~nter, 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, Mattituck, New York, for a special
exception in accordance with the Zoning Ordinance, Article III,
Section 300, Subsection C-6d, for permission to erect subdivision
identification sign with reduced setback. Location of property:
Lot ~4, Map of Rosewood Estates, corner of Cox Neck Lane and
Rosewood Drive, Mattftuck, 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,
east by A. Shames and others;
others; west by Chappel Lane.
bounded north by County Road 27;
south by St. Peters Church and
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. Killer; west by Main Road (Route 25).
Legal Notice
Page 3
B:40 P.M. (E.D.S.T.), upon application of Mattituck Free
Library, Main Road, Mattituck, New York, for a special exception
an accordance with the Zoning Ordinance, Article III, Section 300
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. Looation 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 Lumber 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 Hovetl,
965 Arshamomaque Avenue, Beixedon Estates, Southold, New York,
for a spe~ia~ exception in accordance with the zoning Ordinance,
Article iii, Section 300, Subsection B-14, for permission to
hold a yard sale on July 7, 1973; 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, ~S~bsection 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
north by County Road 27;
and Carroll Avenue, Peconic, bounded
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; raini~date July 8, 1973. Location of property:
Lots 91, 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 permission to hold a yard sale
on premises on June 30, 1973; rain date July 7, 1973. Location
of property:
bounded north
Sanders and C.
west.by J.
North side North Road (County Road 27), Mattituck,
by Horton Avenue (Road) and Kaiser; east by C.
Born; south by North Road (County Road 27);
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 Tsland Traveler, Inc.
Legal Notice
Page 5
Upon application of
9:20~P.M. (E.D.$.T.),/Frank and Katherine Bondarchuk and
Will
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 U. 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, FlAY 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, Esq$, a/c Dillaye ~. Davis
Wickham & Lark, Esqs., a/c Andrew J. Cybulski
Leffer~s P. Edson, Esq., a/c Martha 'C. Leibell
John and Rose Koroleski
Drossos Restaurant
James W. Newell
Mattituck Free Library
Dolores M. Wren
Lillian Hovell
Roland Hingle
Dante V. Morel
North Fork Teen Center, Inc.
David A. Rothman
Frank Bondarchuk
NOTICE OF HEARING,~
Pursuant to Section 267 of the
Town Law and the provision~ of
the Amended Building Zone Or-
dinance of the Town of Southold,
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 June 7, 1973, on the
following appeals:
7:30 P. M. (EDST), upon ap-
licatinn of George A. and Helen
II. McCarthy. Bay Avenue, Mat-
tltuck, New York, for a variance
in accordance with the Zoning
Ordinance Article XVII -- Bulk
Schedule for permission to di-
vide property with less than re-
quired area and frontage. Loca-
tion of property: west side Bay
Avenue, Mattituck, bminded
north by Main Road; east by Bay
Avenue; south by E. and FI. Wlls.
berg; west by E. and H.
7:40 P. M. (EDST), upon ap.
Plicatton of Dlllaye R. Davis,
Sterling Road, Cutohogue, New
York, for a variance in accord-
ance with the Zoning Ordinance
Article III, Section 301 and the
Bulk Schedule, for permission to
divide lots with le-.~ than requir-
ed area and frontage. Location
of property: north side Sterling
Road, Cutohogns, bounded norSh
by Kruzer & Riebe; east by B.
McGarry; south by Storling
R~ad; west by Boyd.
~:~0 P. M. (EDST), upon
plicattun of Pmdrew J. and
SophieI P. Cybulskt, Depot Lane~
Cutcho~ue, New York, for a var-
lance in accordance with the
Zoning Ordinance Article rlI;
Section s01 and the Bulk Sched-
ule argl ~,ction 2~0A of the
Town ~aw, for perml~sk~n to di-
vide property with insufficient
area and frontage and apgroval
of access. Location of property:
west side Depot Lane, Cutchogue,
bounded north by Long Island
R~, J. Gruheski and T. L.
Shalvey; east by Depot I.~ne;
south by Francis McC'affery and
Ignatius Smith; west by ~'.
FIeaney and others. -- --
8:00 P. M. (EDST), upon ap-
~pllcation of Martha C. Leibell,
160 East 48th Street, New York,
New York and Herbert R. IIenry.
61 Rce',ve Road, Rockvllle Centre,
New ~/'ork. for a variance in
accerd~ance with the Zoning Or-
dinan&'e~ Article ITl, Section 301
and t~he Bulk Schedule for per-
miasic~n to divide property with
less t~mn required area. Location
of property, south side New Suf-
folk f~venue, Cutehogue, ~ounded
north by New Suffolk Avenue,
east by Munkenbeck; sduth by
Seaman; we~t by J. Dean. ~
8:;10 P. M. (EDST), upon
plim ~tion of John and Ro~e Koro-
lesk~ i, Sound Avenue, Mattituck,
se~tback. Location of property:
pllcation of Drose~ Restaurant,
Subsection C-6f, for permisskm
to erect off pr~nisce directional
sion on property of Chapel Lane
Associates, lcoated south side
bounded north by county Road
~-7; east by A. Shames and
Church aBd ot~el~; west by
8:30'P. M. (~D~T), upon
plication of James W. Neweli,
Main Road, Mattituck, New York,
for a special exception in
cordance with the Zontn_e Ordi-
ns~ce, Article VIZ, 8ectio~ ~,
to operate an automobile repelr
shop (public ~ra~e). ~oc~t_lun of
Mattltuck, bounded north by L.
Lind.say; east by F. Steiner ~nd
others; south by C. Miller; west
by Main Road (Route 25).
8:40 P. M. (R~3~T), upon
plication of Mattitttck Free
brar~, Main Road, Mattituok,
New York, for a special exceptiol3
Ordinance, Article III, Section
sion t- hold a book sale on
~groan ~f Mattituck l~ree
~brary, on July 7, 1973; rain date
July 14. 19~3. Location of prop-
erty: south side Main Read, Mat-
~ituck, bounded north by Main
Road~ east by Brookly~ Diocese;'
south by M. ~Viniarz and others;
lwest by Reeve Lumber and
i Wcbdworking Co., Inc.
8:49 P. M. CEDST), ~llpon ap-
plication of Dolores M. Wren,
Hippodrome Road, Beixedon
Estates, Southold, New York, for
a special exception in accordance
with the Zoning Ordinance, Ar-
Mole III, Section 900, Subsection
B-14, for permission to hold a
yard sale on July 20, 1973; rain
date July 21, 1973. Location of
property: Lot NO. 1, Map of Beix-
edon Estates, Block 7, south side
Hippodrome Drive, Southold.
g:~0 P. M. (EDST), upon ap-
plication of Lilltsn IIovell,
Arshamomaque Avenue, Beixedon
Estates, Southold, New York, for
a special exception in accordance
with the Zoning Ordinance, Ar-
ticle III, Section 300, Subsection
B-14, for permission to hold a
date July 14, 1973. Location of
property: Lot NO. 1~, Map of
~ Reixedon Estates, Block 2, east
side Arshamomaque Avenue,
Southold.
8:55 P. M. (EDSTL upon ap-
olication of Roland Htngle. Blorth
Road and Carroll Avenue,
sonic, New York, for a special
exception in accordance with the
Zoning Ordinance, Article III,
Section 800. Subsection B-14. for
, permission to hold a yard sale on
June 16, 1978; rain date June 23,
19~3. Location of property: cor-
ner of County Road 27 and Car-
north by County Road 27; east
bY Carroll Avenue; south by W.
lclatrston; west by Wolesik and
9:00 P. M. (El)ST), uoon
I~ Morel, Bavview Road. South-
old. New York, for a special
ception in accordance with the
~cetion 300. Subsection B-14. for
permission to hold a yard sale
on J~lv 1, 197R: rain date July 8,
197~. Location of nropertv: ~.ots
No. 1. 2. and 157. Mac of Cedar
Beach Park, north side Bevvtew
Rcod a~d west side Cedar Beech
R~d. S~uthold.
9:05 P. M. CEDST). uncn
ulicetion of North l~o~k Teen
Center, Inc.. North ~,osd. ~atti-
tuck. Hew York, for a special
Zord~ Ordinance, Article ITl.
~ctlon 300. Sl$~ection R-14. for
i~l~*mieslon to h01~l,~ yard sale
on oremises gn~ 3uno 20. 19~31
rein date July 7, 1973. Loc~tton
t~ck. bounded nqrth by Ho_rton
bv 'North Road (County Road
nllcation of David A. Rothmsn,
~'ein l~oed. ~thold. for a var-
zonin~ Ordinance Article XII.
Section 1204 fa). for oermls~ton
to ex-l~nd existine non-COnform-
ln~ use more than 50 Oercen~ of
~'trcet, Southold, bounded north
by Traveler Street; east b~ Henry
Prince; south by Czartdeskie~
west'by Long Island Traveler.
9:20 P. M. (EDST), upon ap-
plication of Prank and Katherine
Rendarchuk and William and
Helen Keller, Main Road, Orient,
New york, for a variance in
oordence with the Zoning Ordi-
nance, Article III, Section 301
and Bulk Schedule, ior permis-
sion to divide property with less
than required area and frontage.
Location of property: south side
South View ~rtve, Orient, bound-
e~t nortll ~y South View Drive;
es.st by D. Robertson; sooth by
Oreskeski; west by land now or
· omerly of Tuthlll and Dyer.
Any pers~ desiring to be heard
~n the ~bove applications should
~ppear at the time and place
~bove specified.
~ated: May 25, 19'/$
HY ORDER OF THE
8Oo'i'FIOLD TOWN
SUFFOLK }
qEW YORK ss:
Whitney Booth, Jr., being duly sworn, says
the Editor, of THE LONG ISLAND
MATTITUCK W^TCH/VtAN, a public news-
~ot Southold, in Suffolk County; and that
which the annexed is a printed copy, has been
said Long Islond Troveler-Mattituck Wotch-
,ch week for ..... ~..~g..~..m~....~.Zff.... week~
commencing on the ................ ..?./..i~ .....
,rn to before me this ....... l~... doy of
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 Jane 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 with less than
required area and frontage.
Location of property: west side
Bay Avenue, Mattituck, boanded
north by Main Road; cast by Bay
Avenue; south by E. and H.
Wilsbarg; west by E. and H.
Wilsbexg.
7:40 P.M. (E.D._S.T), upon
application of Dillaye R. Da-vis,
Sterling Road, Cutch~ue, New
York, for a variance in ac-
cordance with the Zoning Or-
dimmce Article HI, Section
and the Bulk Schedule, for per-
mission to divide lots with less
than required area and frontage.
Location of property: north side
Sterling Road, Cutchngue,
bounded north by Kruser &
Riebe; east by E. McGarry;
south by Starling Road; west by
Boyd.
7:50 P.M. (E.D.S.T.), upon
appl/catinn 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
accoss. Location of property:
west side Depot Lane, Cutchogue,
hounded north by Long Island
Railroad, J. Gruheski and T.L.
Shalvey; cast by Depot Lane;
south by Francis McCaffexy and
Ignatius Smith; west by W.
Hcaney and others.
8:00 P.M. (E.D.S.T.), upon
appUcaUon of Martha C. Leibell,
160 East 48th Street, New York,
New York and Herbert R. Henry,
61 Reeve Road, Hockville Center,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III, SecUon
~01 and the Bulk Schedule for
permission to divide propertyl
Location of property, south side
New Suffolk Avenue, Cutchogue,
beanded north by New Suffolk
Avenue, cast by Mankanbeck;
south by Seaman; west by J.
8:10 P.M. (E.D.S.T.), upon
application of John and Rose
Koroleski, Sound Avenue,
MatUtuck, New York, for a
special exception in accordance
with the Zoning Ordinance,
Article HI, Section 300, Sob-
section C-6d, for permission to
erect sub~viaian identification
sign with reduced setback.
Location of property: LOt No. 4,
Map of Rosewood Estates, comer
of Cox Neck Lane and Ro~wsod
Drive, Mattituck, New York.
8:20 P.M. (E.D.S.T.), upon
app~icatinn of Drossos
sR~estaurant, Main Road, Ar*
liamomaque, New York, for a
special exception in accordance
with the Zoning Ordinance.
COUNTY OF SUFFOLK,
? ss:
STATE OF NEW YORK, j
........ ~.t.u..~.,.t..C....~.~..rc~.~n .............. being duly Sworn,
says that ...h.e... is Printer and Publishe~ of the SUFFOLK
WEEKLY TIMES, a newspaper published ~t Greenport, in said
county; and that the notice, of which the annexed is a printed
copy, has been published in the said Suffolk Weekhr Times
once in each weekz tot ............ ?.n.e ............ weeks
successively commencing on the ....... .~..h~..~.~.r~.~¥.s.~ ......
day of ..... ~!a.~v.~C..~9.7~
___ _~e~rn ~o h~tore me this ..
Article III, Section 300, Sub~ shamomaque Avenue, Southo]d. aPplinaiienofDavidA. Rothman,
section C-6f, for perm/ssien to 8:55 P.M. (E.D.S.T.), upen Main Hoad, Southuld, for a
erect off promises direcUanal application of Roland Hin~le, variance in accordance with the
sign on property of Chapel Lane North Road and Carroll Avenue, Zoning Ordinance Article XII,
Associates, located south side Peconic, New York, for a special Section 1204 (a), fdr permission
Coanty Road 27, Archamomaque, exception in accordance with the to expand existing non-
bounded north by County Road Zoning Ordinance, Article III, conforming uso moro than 50 per
27; east by A. Shames and Section 300, Sobsoctiun B-14, for cent of existing capacity.
others; south by St. Peters permissientaholdayardsaiean Location of property: south side
Church and others; west by June 16, 1973; rain date Jane 23, Traveler Street, Southold,
Chappel Lane. 1973. Location of property: bounded north by Traveler
8:30 P.M. (E.D.S.T.), upon corner of Coanty Road 27 and Street; east by Henry Prince;
application of James W. Newell, Carroll Avenue, Peconic, south by Czartdeskie; west by
Main Road, Mattituck, New boanded north by County Road Long Island Traveler, Inc.
York, for a special exception in 27; cast by Carroll Avenue; south
accordance with the Zoning by W. Hairstan; west by Wolosik 9:20 P.M. (E.D.S.T.), upon
Ordinance, Article VII, Section and others, application of Frank and
7~0, Sobsoction B-4, for per- 9:00 P.M. (E.D.S.T.), upon Katherine Bondarchuk and
mission to operate an automobile application of Danta V. and William and Helen Keller, Main
repair shop (public garage). Evelyn L. Morcl, Bayview Road, Road, Orient, New York, for a
Location of property: cast side Scuthdd, New York, for a special variance in accordance with the
Main Road, MatUtuck, bounded exception in accordance with the Zoning Ordinance, Article III,
north by L. Lindsoy; cast by F. Zoning Ordinance, Article III, Section 301 and the Bulk
Stainar and others; south by C. Section 300, Sobsoction B-14, for Schedule, for permission to
M/Ilex; west by Main Road permission to hold a yard saie on divide property with less than
(Route 25L July 1, 1973; rain date July 8, required area and frontage.
8:40 P.M. (E.D.S.T.), upon 1973. Location of property: Lots Lc~*:atiun of property: south side
application of Mattituck Free No. 1, 2 and 157, Map of Cedar South View Drive, Orient,
Library, Main Road, Mattituck, Beach Park, north side Bayview bounded north by South View
NewYork, foraspecinlexcoptien Rcad and west side Cedsr Bench Drive; cast by D. Robertsun;
in accordance with the Zoalng Road, Southold. south by Dreskuski; west by land
Ordinance, Article IH, SocUon 9:(~ P.M. (E.D.S.T.), upon now or formerly of TuthR] and
300, Sobsection B-14, for per- application of North Fork Teen Dyar.
mission to hold a hoo~ sale on Centar, Inc., North Road, Mat- . Any person desiring to be henrd
grounds of Mattituck Free tituck, New York, for a special on the ahove applications should
Library, onJuly7,1973;raindste exception in accordence with the appear at the time and place
July 14, 1973. Location of Zoning Ordinance, Article III, above spocified.
property: squth side Main Road, Section 300, Sobsectien B-14, for Dated: May 25, 1973
Mattituck, bounded north by Pexmission to hold a yexd sale on BY ORDER OF THE
Main Road; east by Brooklyn promises un Jane 30, 1973; rain SOUTHOLDTOWN
Diocese;southbyM. Winiarzand date July 7, 1973. Location of BOARD OF APPEALS
~thers; west by Reeve Lumber property: North side North Road ITM31
~nd Woodworking Co., Inc. (Coanty Road 27), Matlltuck,
8:45 P.M. (E.D.S.T.), upon bounded north by Horton Avenue
i ~ti~n~catinn of Doim'es M. Wren, (Road) and Kaiser; east by C.
ippedrome Road, Beixedon Sundexs and C. Born; south by
Estates, Southold, New York, for North Road (County Road 27);
a special exception in accordance west by J. Hass and Bradley.
with the Zoning Ordinance, 9:10 P.M. (E.D.S.T.), upon
Article HI, Section 300, Sob-
soctiun B-14, for pennissien in
hold a yard sale on July 20, 1973;
rain date July 21, 1973. Location
of property: Lot No. 1, Map of
Baixedun Estates, Block 7, south
side Hippodrome Drive,
Southold.
8:50 P.M. (E.D.S.T.), upon
application of l.illi~rl Hove]l, 965
Arshamomaque Avenue,
Beixedun Estates, Southold, New
York, for a special exception in
accordance with the Zoning
Ordinance, Article III, Section
300, Sobsoction B-14, for per-
mission to hold a yard sale on
July 7, 1973; rain date July 14,
1973. Location of property: LOt
No. 15, Map of Betxedsn Estates,
Block 2, east side Ar-
FORM
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
~.~ ...... ,~ .................... ~ ................................ ~ate .............................. , .......................... l~ ........
)~.:....~:..~...{..~.;. .................................. .~,~ ~,,~ ~,. ~
. , ,.Ch~,:_.. la' ~
PLEASE TAKE NOTICE that your application aatec ................................ ../. ................. 19 ....
............................ at the p em ses located at ....... ~ ..........................
Street' ~
Map ........................................ Block ........................................ Lot .............................................. ~s
........... /.. ..................... .,.~....>~. ..................................................................................................................
Building Inspector /
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DA TE
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Martha C. Leibell 160 East 48th Street
1, (We) [,te.z,b~-~....R-:..-[-I~n.z~. ........................... of ...O.l...~,.~:~.~'.~...~Qf~.cl, ..........................................
Nome of Appetla,nt Street and Number
New York, New York
..... ..~..o..q.~...~.~..~..]:..e....~.e~..'.t..e..r.., ................................................ ..~.e..~....~.o.?.~ ....... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED .........~.~../...~.,...t..~..~...~... ....
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
Name of Applicant for permit
of
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY S/S New Suffolk Avenue at Cutchogue - A
Street Use District on Zoning Mop
Mop No Lot No.
Residen-
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
fl x) 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
tia]
4. PREVIOUS APPEAL A previous appeal (Mm) (has not) been made with respect to this decision
Of the Building Inspector or with respect to this property.
Such appec was ( ) request for a special oermit
( ) request for o var,once
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 i~or the reason that
Form ZB1
(Continue on other side)
REASON FOR APPF-~L
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because applicant would have one very large over-sized
lot consisting of approximately 78.331 square fee.
2. The hardshipcre~edisUNIQUEandisnotsha~d by c properties alikeJn ~eLimm~iate
vicini~ ofthispr~e~y andin ~Js use districtbecause the resulting lots would be
approximately 39,000. square feet. Other lots in area are smaller
or larger.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because there zs already one house on the subject
premises.
STATE OF NEW YORK )
)
COU x~IY OF SUFPOLK )
SS
J/ F Signature
Lefferts P. E~son, as Attorney
Sworn to this .......... .1..8. t.h. ........................... day e~ ......... .~M~..y. ....................................... 19 73
Notary Public
~:$$~E L. AUSTIN
LEFFERTS PAINE EDSON
ATTORNEY AT law
Southold Town Board of Appeals
Southold Town Hall
Main Road
Southold,
Re:
Dear Sir:
New York 11971
Minor Subdivision of Herbert R. Henry
Enclosed please find survey that you requested
showing the division of the property equally. Would you
please forward to me a letter showing your approval of
the variance as requested.
RHB :baw
Enc.
Sincerely, ~
h H. Bruer
Southold Town Board of Appeals -7-
June 7, 1973
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 v~ri~nce will not change
the character of the neighborhood, and will observe the spirit
of the Ordinance.
On motion by Nr. Grigonis, seconded by Mr. Hulse, it was
RESOLVED, Andrew J. and Sophie F. Cybulski, Depot Lane,
Cutchogue, New York, be GRANTED permission to divide property
with insufficient area and frontage and approval of access on
the west side of Depot Lane, Cutchogue, New York, as applied
for.
Vote of the Board: Ayes:- Messrs~ Gillispie, Bergen, Hulse,
Grigonis.
PUBLIC HEARING~ Appeal No. 1784 - 8:00 P.M. (E.S.T.),
upon application of Martha C. Leibell, 160 East 48 Street,
New York, N. Y., and Herbert R. Henry, 61 Reeve Road, Rockville
Center, N.Y., 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, east by
Munkenbeck: south by Seaman: west by J. Dean. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
THE CHAIR~AN: Is there anyone present who wishes to
speak for this application?
RUDOLPH H. BRUER, ESQ.: Mrs. Leibell is the owner
of record and it is my understanding that Herbert R. Henry
is her nephew. She would like to convey the front portion to
Mr. Henry. The Deed was executed but has not been recorded
conveying the front portion. This would be a conforming lot
but would leave the remaining lot substandard. The total
acreage is 78,300 sq. ft. ~nd the applicant would llke to set
it off in two lots. This is an old Map... as You can see it
was originally one single piece. (The Board and Mr. Bruer
discussed the boundaries on the Nap),
Southold Tov~ Board of Appeals -8- June 7, 1973
THE CHAIRM~N~ The proposal is to set off 40,000 sq. ft.
with a house on it?
ER. BRUER, We would like to split it in half as nearly as
possible.
THE CHAIR~AN: The line would have to be set by a surveyor.
NLR. BRUER, Nr. Van Tuyl would do it. I believe the Deed
would have to be revised to make it conform. The Deed shows the
front portion to be pretty much an acre. A survey was drawn
on that piece of property. To make it more equal, the line
could be drawn back a little bit.
THE CHAIRMAN: Does anyone else wish to speak for this
application?
(There was no response.)
THE CHAIR~AN: Is there anyone present who wishes to speak
against this application?
(There was no response.)
After investigation and'inspection the Board finds that
applicant requests permission to divide property with less
than required area, located on the south side of New Suffolk
Avenue, Cutchogue. The findings of the Board are that the
division of property will leave two lots of approximately
39,000 sq. ft. each. The Board agrees with the reasoning of
the applicant.
The Board finds that strict application of the 0rdin~nce
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.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED, Martha C. Leibell, 160 East 48 Street, New York,
N.Y., and Herbert R. Henry, 61 Reeve Road, Rockville Cen~er, N.Y.,
be GRANTED permission to divide property with less than required
area, located on the south side of New Suffolk Avenue, Cutchogue,
as applied for, subject to the following conditions:
1. That applicant divide the property equally so that
each lot will measure approximately 39,000 sq. ft.
2. That applicant ~urnish the Board of Appeals with a
copy of survey showing the equal division of the lots.
Vote of the Board~
Grigonis.
Ayes:- ~essrs~ Gillispig,
Bergen, Hulse,
,/
LOT ,1
81,8~S~
LOT, '2
$7, ~&~ ~(,FT.
LAHb OD