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Home My WebLink About1777 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE .Jllsa....7..s 1973 Hearing, May 24, 1973 Appeal No. 1777 Dated May 10, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To John and Marie Ball 51 East 73 Street New York City, New York AppeLant at a meeting of the Zoning Board of Appeals on 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 Zoninl~ Ordinance ( )~ Request for a variance to the Zoning Ordinance June 7, 1973 the appeal Public Hearing, May 24, 1973 ( ) 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 .................... of the Zoning Ordinance and the ddcision of the Building Inspector ( ) be reversed ( ) be confirmed beeause 8,45 P.M. (E.S.T.), upon application of John and ~arie Ball, 51 East 73rd Street, New York City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and the Bulk Schedule, for perm'ission to construct dwelling on Lot #74, Map of Cleaves Pbint, Section III, not on' approved list under Article XVII, Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordinance. Location of property: Lot #74, MaR of Cleaves Point, Section III. 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 SEE REVERSE practica1 difficulties (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 /n the same use distric~ because SEE REVsRS~ (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 confirmed ( ) be reversed. FORM ZB4 SEE REVERSE 1~ ~,~,~ ZONING BOARD OF APPEALS kl~,z~]~hJJ~.. , {/ ~arjori& McDermott, Secretary After investigation and inspection the Board finds that applicant is the owner of Lot No. 74, Nap of Cleaves Point, Section III, which is an approved subdivision.~ At the time of purchase the lot was a legal size building lot. The Board finds that applicant also purchased Lot No. 75 at the same time that he purchased Lot No. 74 but subsequently sold Lot No. 75, which was also a legal size building lot. Lot No. 74 has 100 feet on Dawn 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 neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLYED, John and ~arie Bail, 51 East 73rd Street, New York City, New York, be'GRANTED permission to construct dwellihg on Lot No.'174, Nap of Cleave~ Podnt, Section III, as applied for. Vote of the Board, Ayes,- Messrs~ Gillispie, Bergen, Hulse, Grigonis. 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, ~olk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town o~ Southold, at the Town Office, Main Road~ Southold, New York, on May 24, 1973, on the appeals: 7:45 P.M. (E.D.S.T.), upon application of Richard F. Mullen, Jr., 1835 Mill Creek Drive West, Southold, 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: west side Hobart Road and ~orth side Korn Road, Southold, bounded north by Main Road; east by Hobart Road; south by Korn Road; and west by Mullen, Aksten, Zebroski, North Fork Bank & Trust Co., Turton and Albers. 8:00 P.M. (E.D.S.T.), upon application of Richard F. Mullen, Jr., 1835 Mill Creek Drive West, Southold, New York, for a special exception ~n accordance with the Zoning Ordinance, Article VII, Section 700 B, Subsection 4, for permission expand a new and used ea~ lOC. LOcation of property: south side Main Road, east side Hobart Road, Southold, bounded north by Main Road; east by M~llen mhd others; south by ~ulien; west by Hobart Road. 8:15 P.M. (E.D.S.T.), upon application of Lorraine W. Drury, Street, Apt. D-7, Brooklyn, New York, for a variance in wzth the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permission to divide lots with less than area. Location of property: Lots 22 and 23, Map of Estates, Mattituck, New York. Legal Notice Page 2 8:30 P.M. (E.D.S.T.), upon application of John and Marie Hughes, Jr., 24 Clearbrook Drive, Smithtown, New York, for a variance in accordance witk the Zoning Ordinance, Article Iii, Section 301, and the Bulk Schedule, for permission to construct dwelling on lot 969, Map of Cleaves Point, Section III, not on approved list under Article XVII, Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordinance, Location of property: Lot ~69, Map of Cleaves Point, Section III. 8:45 P.M. (E.D.S.T.), upon application of John and Marie Ball~. 51 East 73rd Street, New York City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and the Bulk Schedule, for permission to construct dwelling on lot ~74, Map of Cleaves Point, Section iii, not on approved list under Article XVII, Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordinance. Location of property: Lot ~74, Map of Cleaves Point, Section III. 9:05 P.M. (E.D.S.T.), upon application of Joseph P. Dunne, Pine Neck Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-14, for permission to conduct a yard sale on June 30, 1973; rain date July 1, 1973. Location of property: north side Pine Neck Road, Southold, bounded north by Mullen; east by Founders ~omes;south by Pine Neck Road; west by Oed. 9:10 P.M. (E.D.S.T.), upon application of St. John's Lutheran Church, Hicksville Road and Gail Drive, North Massapequa, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection B-2 and B-4, for permission NOTICE OF I~ABINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of South- old, Suffolk County, New York, public hearings W~ll be held by the Zoning Board of Appeals of the Town of Southoid, at the Town Office, Main Road, South- old, New York, and May 24, 19~J, on the following appeals: 7:45 P. M. CEDST), upon ap- plication of Ricl~rd 1~. Mullen, Jr., 1835 Mill Creek Drive West, Southold, New York, for a variance in accor~lce with th~ Zoning Ordinance, Article 1~, Section ~l ;and t~e Bulk ~ l~r~iszten to divide prop- erty with les~ thai1 required area. Location of propfft~: ~vest side Hobart Read arrl north side '][orn Road, Southoid, bounded north by Main Road; east by Hobart Road; 'south by Horn Road; and west by Mullen, Ak- sten, ZebrcZld, North Fork Bank & Trust ~o.. Turton and Albers. 8:60 P. M. (EDST), upon ptication of Richard F'. Mullen, Jr., 1~5 Mill Creek Drive West, 8outhoid, Hew York, for a special exception in accordance with the Zoning Ordinance, Ar- ticle VII, Section 700 B, Subsec- tion 4, for permission to expand a new and used car lot. Location of property: sou~h side Main Road, east side Hobart Road, Southold, bounded north by Main Road; east by Mullen and others; south by Mullen; west by Hobart Road. 8:15 P. M. (EDST), upon ap- plication of Lorraine W. Drury, 138-?lst Street,-Apt..D-7, Brook- lyn, New York. for a variance in accordance with the Zoning Or- dinance, Article III, Section 901 and the Bulk Schedule. for per- mission to divide lots with less than required area. Location of property: Lots 22 and 23. Map of Msttituck Estates, Mattituck. New York. 8:30 P. M. (EDSTL upon ap- plication of John and Marie Rughes, Jr., 24 Clearbrook Drive. Smithtown, New York, for a var- lance in accordance with the Zoning Ordinance, Article III. Section 301, and the Bulk Sched- ule, for permission to construct dwelling on lot No. 69. Map of Cleaves Point, Section III, not on approved list under Article XVlI, Section 1702 of present Zoning Ordinance or Article Section 1013 of old Ordinance. Location of oroperty: Lot No. 69, Map of Cleave~ Point, Sec- 8:45 P. M. (EDST), upon ap- plication of John and Marie Ball, 51 East 73rd Street, New York City, New York, for a vari- ance in accordance with the Zon- [o~ Ordinance, Article III, Sec- tion 301, and the Bulk Schedule. for permission to construct dwelling on lot NO. 74, Map of Cleaves Point, Section III, not on approved list under Article XVII, Section 1702 of pre~ent Zoning Ordinance or Article X. Section 1013 of old Ordinance. Location of Property: Lot No. 74, Map of Cleaves Point, Section 9:05 P. M. (EDST), upon ap- plication of Joseph P. Dunne, Pine Neck Ro~d, Southoid, New York, for a special exception ill accordance with the Zoning Or- dinance. Article III, Section 300, B-14, for permission to conduct a yard sale on June 30, 1973; rain date July 1, 1973. Location of property: north side Pine Neck Road, Southold, bounded north by Mullen; east by Founders June 2, 1973. Location of prop- erty: east side Stlllwater Avenue, Cutchogue, Lots No. ~d one half of No. 3, map o~ M. ~. Hand. Cutehogue. N. Y. 9:55 P. M. (EDST/, upon ap- plication of Cutchogue-New Snf- folk Historical Council. Main Road, Cutcho~ue. New York, for a special exception in accordance with the Zoning Ordinance, Ar- ticle III. Section 300. ,Subsection B-14, for permission 'to have Outdoor'Antiques Flea Market on July 7. 1973. Location of property of Cutehogue Independent Con- greeation Society, orooertv :/ south side Main Road. Cut- chogue, bounded north by Main Road; east Case Lane; so, dh by by Presbyterian Parsonage. 10:00 P. M. (EDSTI. upon an- .0~ication of Murisl H. Schwab, Post Office Box No. 76. Nassau Point Road. Cutcho~ue. New York, for a s~ecial exceotion in accordance with the Zoning Or- dinance. Article IH, Section 300. ts conduct garage sale on May 26, 1973; rain dgte May 27. 1973. rocation of nrooertv: north side New York. lot. No. S6. Map of I0:05 P. M. (EDSTL uoon ao- nlication of Stenl-v Poole. 9475 Main Road. East Marion. for a with lbo Zo~ine Ordinance. Ar- ticle III, Section 300. Subsection tion of nrooertv; north side Main by S. Moratis: south by Main Ro~d; west bv J. Jetter Est. in accordance with the Zoninff Ordinance. Artiole IIL Section 300. Subsection B-14 for oermis- sion to conduct food sam ~nd sale of quilts, etc. on July 7. 1973, on property of Mrs. Robert A- mott. Location of property: north bounded north by Dzenkowski; south by Main Road; west by O. at East Marion Fire Hail. Loc~- tion: north side Main Road. East Marion. bounded north by Dzen- south by Main Road: wes~ by East Marion Post Office. 10:15 P. M. CEDSTI, uoon ap- ollcation of Carol and John Plock, Jr., North 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 conduct yard sale on June 9, 1973; rain date June 10, 1973. Location of property: Private Road off North side North Bayview Road, Southod. New York. COUNTY OF SUFFOLK J- ss: STATE OF NEW YORK J C, Whitney Booth, Jr., being duly sworn, s, that he is the Editor, of THE LONG ISLAm' TRAVELER - MATTITUCK WATCHMAN, o public ne\ paper printed at Southold, in Suffolk County; end ti the notice of which the annexed is a printed copy, has published in said Long Islond Traveler-Mattituck Wot. successively, commencing on th ............ ./..../*... ............ Sworn to before me thi~ ....... l.~......c~..., do'~ ADELf P~YNE Commission Expi~es ~ch 3~, 1~7 ~ 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 hold by the Zoning Board of Appoals of the Town of Seuthold, at the Town Office, Main Road, Southold, New York, on May 24, 1973, on the following appeals: 7:45 P.M. (E.D.S.T.), upon application of Richard F. Mullen, Jr., 1~,~ ~ Creek Drive West, Southold, 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: west side Hobart Road and north side Korn Road, Santhold, bounded north by Main Road; east by Hobart Road; south by Korn Road; and west by Mutien, Aksten, Zebroski, North Fork Bank & Trust Co., Turton and Albers. 8:00 P.M. (E.D.S.T.), upon application of Richard F. Mullon, Jr., 1835 Mill Creek Drive West, Seuthold, New York, for a special exception in accordance with the Zoning Ordinance, Article VII, Section 700 B, Subsection 4, for permission expand a new and used car lot. Location of property: south side Main Road, east side Hobart Road, Southold bounded north by Main Road; east by Mullen and others; south by Mullen; west by Hoba~R°ad' 8:15 P.M. (E.D.S.T.), upon application of Lorraine W. Drory, 138-71st Street, Apt. D-7, Brooklyn, 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. Location of property: Lots 22 and 23, Map of Mattituck Estates, Mattitock, New York. 8:30 P.M. (E.D.S.T.), upon application of John and Marie Hughes, Jr., 24 Clearbrook Drive, Smithtown, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and the Bulk Schedule, for permission to construct dwelling on lot No. 69, Map of Cleaves Point, Section III, not on approved llst under Article XVII, Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordinance. Location of property: Lot No. 69, Map of Cleaves Point, Section III. 8:45 P.M. (E.D.S.T.), upon application of John and Marie Ball, 51 East 73rd Street, New York City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, and the Bulk Schedule, for'permission to construct dwelling on lot No. 74, Map of Cleaves Point, Section III, not on approved list under Article XVII, Section 1702 of present Zoning Ordinance or Article X, Section 1013 of old Ordinance. Location of property: Lot No. 74, Man of Cleaves Point. Section III. COUNTY OF SUFFOLII, STATE OF NEW YORK, ~ ss: Stuart C. Dorman ...................................... being duly Sworn says that .. ?.e... is Printer and Publisher of the SUFFOL~ WEEKLY TIMES. a newspaper published ~rt Greenport, in sai, county; and that the notice, of which the annexed is u printe- copy. has been published in the said Suftolk Weekly Time once in each week, f~r ........ 9.n.e ................ week successively commencing on ~he ..... s.e.v.e..n.~.e?.n.t.h. ........ day of ...... Sworn ta before me this . **~.Z ..... dR of .. ?:. ,. / . / CIks ['to 52.9366350 My Comm~%ion £xp~r~s Ma~ch 30, 19 FORM NO. 3 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. NOTICE OF DISAPPROVAL T ...~. ..... ~ .............. ..... ~.~....~..: ............................... ............................. ~.. ...............................:.. .~_ ~,~ ,.~....::~...,..~.~,..!~...~..,.:,~...~,,.,.~: ...::....!i ......... ~i..~...!.i !:,..~I; ' ~'"';'"~ / TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ...~'. j../'..O..[.~...).. ........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,% .......... .......................... ~/ Municipality~' St~'te THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILI~INC~ INSPECTOR ON ~ /o ¢.3~1/~1 WHEREBY THE BUILDING INSPECTOR DENIED TO ............. °~ ..~F..Y.....~.._Z.&.~ ........ /2~....:..~.~: ........... ~.~. .............. ~ Street and NumBor Municipall~ State ~' ( ~ PERMIT TO USE (.) PERMIT FOR OCCUPANCY ( ) ~ LOCATION OF THE PROPERTY ................................................ Street Use District on Zoning Mop .................................. ............. 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 tF~ Ordinance ) 13.. ~OF APPEAL Appeal is made herewith for ( 'ff'"~VARIANCE to the Zoning Ordina.nce 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 4. PREVIOUS APPEAL A previo'6s a~peal ~ (has not) been made with respect to this decision of the Building Inspector or with res~pegt to this property. Such appeal was ( ) request for a special permit ( ) request for a variance ~nd was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ,,~Varipn~ce to Section 280A Subsection 3 ~ ~ ~ A Variance to the Zoning Ordinance ~ed~c/.the~ t~ ~'~~ ~Cantinue on ot~er side~ REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie~ or unneces- 2. The qardship created is UNIQUE and is not shared by ~ properties alike in the ~mmediate vicinity of this property and in this use district because / 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) COUNTY OF '~9~c~\~ ) SS Notary Public TERRI LEE ELAK LANE MAP