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Home My WebLink About1734 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 173l~ Dated February 28, ACTION OF TIlE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Dante w. Oatullo 15 Roseiter Avenue Yonkers, New York DATE ..M_a..r.c.h...29, 1973 AppeHant 1973 at a meeting of the Zoning Board of Appeals on l~aroh 29, 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 ( ) 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 .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be cenfh-med because 7:50 P.M. (E.S.T.), upon application of Dante H. Catullo, 15 Rossiter Avenue, Yonkers., New York, for a variance in accordance with the Zoning Ordinance, A~ticle III, Section 301 and Bulk Schedule, for permission to divide property with insufficient area and frontage. Location of property: north side Bailey Beach Road, Mattituck, bOUnded north by ether land of applicant; east by Right ef Way and Gate; south by Bailey Beach ROad; west by J. Little. Fee pd. $15.00. 2. VARIANCE. By resolution of the Board i_t was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 Se crc tary After investigation and inspection the Board find~ that applicant requests permission to divide property with insufficient area and frontage on premises located on the north side of Bailey Beach Road, Mattituck. The findings of the Board are that applicant wishes to create two parcels of approximately 37,000 sq. ft. in each lot. The applicant owns sufficient property contiguous to subJest property to create the required 40,000 sq. ft. in each lot. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be sha~ed by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WA~RE$OLVED Dante ~. Catullo, 15 Rosstter Avenue, Yonkers, New York, be GRANTED permission to divide lots in such a way as to furnish at ~east 40,000 sq. ft. in each lot on property located on the .north side of Bailey Beach Roa~, Mattituck, New York, subject to the following conditions: 1. That applicant shall advise the Southold Town Board of Appeals as to whether he will furnish the ~0,000 sq. ft. by inclmding the westerly right of way or whether he will meet this requirement by extending the two proposed lots north to other property of the applicant which is contiguous to these lots. That applicant shall advise the Building Inspector as to the exact dimensions of these two lots within 60 days of today's date, March 29, 1973. Vote of Doyen. the Board: Ayes:- Messrs: Gillispie, Bergen, Hu lse, 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 March 29, 1973, on the following appeals: 7:30 P.M. (E.S.T.), upon application of Gordon G. Bishop, 600 Clearview Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C4, and Section 302, for permission to construct private garage in front yard area. Location of property, west side Gardiners Lane and south side clearview Avenue West, Southold, bounded north by Clearview Avenue West; east by Gardiners Lane; south by Dart; west by John Mulhall. 7:40 P.M. (E.S.T.), upon application of James F. Murray, Vanston Road, Nassau Point, Cutchogue, New York, for a variance Article III, Section 301 and the in accordance with the Zoning Ordinance/Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property: Lots 4 and 5, Map of Peconic Bay Properties, Inc. 7:50 P.M. (E.S.T.), upon application of Dante H. Catullo, 15 Rossiter Avenue, Yonkers, New York, for a variance in accordance with the Zoning Ordinance Article III, Section 301 and Bulk Schedule, for permission to divide property with insufficient area and frontage. Location of property : north side Bailey Beach Road, Mattituck, bounded north by other land of applicant; east Legal Notice Page 2 by right of way and Gatz; south by Bailey Beach Road; west by J. Little. 8:00 P.M. (E.S.T.), upon application of Joseph and Mary Kirwin, Bay Avenue, Cutchogue, New York, for a variance in accordance With the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property : Lots $118 and 119, Map of Nassau Farms, Peconic, New York. 8:05 P.M. (E.S.T.), upon application of Carl and Frances Chapman, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Bulk Schedule, for permission to construct dwelling with less than required setback. Location of property: Lot $12, Map of Salt Lake Village, Mattituck, New York. 8:15 P.M. (E.S.T.), upon application of Elizabeth A. Allen, and Jane Chambers, 280 Henderson Street, Jersey City, New Jersey, for a variance in accordance with the Zoning Ordinance Article III Section 300, for permission to use existing accessory building as dwelling. Location of property: west side Stars Road, East Marion, bounded north by Stars Road West; east by Stars Road; south by Philip Frumenti; west by Balders, Weiss and others. 8:30 P.M. (E.S.T.), upon application of Edcho Corp., 320 Front Street, Greenport, New York, for a special exception in accordance with the Zoning Ordinance Article VII, Section 700 B4, for permission to operate public garage. Location of property, north side Sound Avenue, Mattituck, bounded north by L.I. Railroad; east by A. Tuthill; south by Sound Avenue; west by A. Palkovich. Legal Notice Page 3 8:40 P.M. (E.S.T.), upon application of Williams Constructing, Inc., 320 Front Street, Greenport, New York, for a variance in of the Zoning Ordinance accordance with Article III, Section 303~ for permission to construct dwelling with less than average setback. Location of property: east side Corey Creek Road, Southold, bounded north by E. Hau; east by A. Meyer; south by J. Dunker; west by Private Road, Corey Creek Road. 9:00 P.M~ (E.S.T.), upon application of Robert E. Levy, Harbor Lights Drive, Southold, New York, for a variance in accordance with Article III, Section 300 C3 and Section 302, Of the Zoning Ordinance, for permission to construct garage in front yard area. Location of property: Lot $8, Map of Harbor Lights Estates, Section One, Southold. 9:10 P.M. (E.S.T.), upon application of Dorothy M. Robo~, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule, for permissimn to divide property with less than required area. Location of property: northeast side of Youngs Road, Southold, bounded north by C. Schwarz; east by Midfarm Roadr south by H. Conroy and J. Frass; west by Hill Road. 9:20 P.M. (E.S.T.), upon application of Sarah E. Gillespie, Smith Drive North, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 Cl for permission to use building as doctor's office, doctor does not live in same building. Location of property: east side Maple Lane, Southold, bounded north by B. Hellman; east by L. Edson; south by D. Pettit; west by Maple Avenue (Private Road). LEGAL NOTICES NOTICE OF HEARING~ Pursuant to Section 267 of the Town Law and the provisions of the Amended Buiding Zone Ordi- nance 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 March 29, 1973, on the follow- lng appeals: 7:30 P. M. (ESTI, upon appli- cation of Gordon G. Bishop, 600 Clearview Avenue, Southold, New York, for a variance in accord- ance with the Zoning Ordinance. Article IlL Section 300 C4, and Section 302, for permission to construct private garage in front yard area. Location of propert?, west side Gardiners Lane and south side ClearviewAvenueWest, Southold, bounded north by Clearview Avenue West: east by Gardiners Lane; .south by Dart; west by John Mulhall. 7:40 P. M. (ESTL upon appli- cation of James F. Murray. Vanston Road. Nassau Point, Cutehogue, New York, for a var- iance in accordance with the Zoning Ordinance Article III.Sec- tion 301 and the Bulk Schedule. for permission to divide preperty with less than required area and frontage. Location of proper~y: Lots 4 and:'5, Map of Peconic Bay Properties. Inc. cation of Dante H. Cato!lo. 15 Hossiter Avenue. Yonkers. New York. for a variance in accord- ance with the Zoning Ordinance Article III. Section 301 and Bulk Schedule. for permission to divide proporty with insufficient area and frontage. Location of Drop- erty: north side Bailey Beach Road. Mattituck. bounded' north by other land of applicant: e~st by right of way and Gate; south by Bailey Beach Road: we~t by J. Little. 8:00 P. M. cation of Joseph and Mary Kir- win, Bay Avenue, Cutchogue, New York. for a variance in accord- ance with the Zoning Ordinance, Article ir/, Section 301 and Bulk Schedule, for permission to di- vide property with less than re- quired area and frontage. Loca- tion of property: Lots No. 118 Peconic, New York. 8:05 P. M. (EST): upon anpli~ cation of-Carl and Frances Chap- man, Mattituck, New York. for a v~riance in accordance with the Zoning Ordinance, Article III, ~-,etion 303 and Bulk Schedule, for permission to construct dwell~ ~ with less than required set- back. Location of property: Lot l~/o. 12, Map of Salt Lake Village, ~atiituck, New York. ~115 P. M. (EST), upon appli- ,cation of Elizabeth A. Allen, and o~ane Chambers, 280 Henderson ~treet, Jersey City, New Jersey, tl~e Zoning Ordinance Article IlL ~ection 300, for pei~mission to ~e existing building as dwelling. ~-~ation of property: west side Steers Road, East Marion, bound- ~t north by Stars Road West; ea~,t by Stars Road; south by l~htlip Prumenti; west by Balder~. Weiss and others. ~1130 P. M. (EST), upon appli- cation of Edcho Corp., 320 PLant Street, Grsenport, New York, for a sipecial exception in accordance wtt~ the Zoning Ordinance Ar- ticle VII. Section 700 B4. for per~ mission to operate public garage. Lo m of property, north side 8o~.. Avenue. Mattituck. bound- ed north by L. I. Railroad; east by A. Tuthill; south by Sound Avenue; west by A. Palkovich. 8:40 P. M. tEST), upon_appli- cation of Williams Constructing. Inc.. 320 Front Street. Greenport, New York. for a variance in ac- cordance with Article III. Section 303 of the Zoning Ordinance. for permission to construct dwelling with less than average setback. Location of property: east side Corey Creek Road. Southold. bounded north by E. Hau; east by A. Meyer; south bY J. Dunker; west by Private Road. Corey Creek Road 9:00 P. M. IESTi. upon appli- cation of Robert E. Levy. Harbor Lights Drive. Southold. New York. for a variance in accord- ance with Article III. Section. 300 C3 and Section 302. of the Zoning Ordinance. for permis- sion to construct garage in front yard area. Location of property: Lot No. 8, Map of Harbor Lighh~ Estetes. Section One. Southold. 9110 P, M. (ESTL upon appli- cation of Dorothy M. Robohm. Main Road. Southold. New York. for a variance in accordance with the Zoning Ordinance. Articlo III. Section 301 and Bulk Sched- ule. for permission to divide prop- erty with less than required area. Location of property: northeast side of Youngs Road. Southold. hounded north by C. Schwarz; east by Midfarm Road; south by H. Conroy and J. Frass; west by Hill Road. 9120 P. M. /ESTL upon appli- cation of Sarah E. Oillespie, Smith Drive North. Southold, New York, for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Section 300 C1 for permission to use building as doctor's office, doctor do~s not live in same building. Location of oropertg: east side Maple Lane. Southold, bounded north by B. Hellnmn; east by L. Edson; south by D. Pettit: west by Maple Ave- nue (Private Road). Any person desiring to be heard on the above applications should appear at the time and place specified. Dated: March 16. 1973 BY ORDER OF THE SOUTHOLD TOWN ~F SUFFOLK [ ss: :NEW YORK j Whitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND MATTITUCK WATCHMAN, a public news- at Southold, in Suffolk County; and that which the annexed is a printed copy, has been said Long Island Troveler-Mattituck Watch- ~ch week for ....~)~/~...~.../..ff... w~el,.p' commencing on the ............... ~..'.~......~ ........... .......... ,om to before me thi~ ....... ~...i~.....'.. day of 19..Z · 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, Suuthold, New York, an March 29, 1973, on the followin~ appeals: 7:30 P.M. (E.S.T.). upon ap- plicatien of Gordon G. Bishop, 600 Clearview Avenue, Southold, New York, for a variance in dinauce, Article IH, Section ~00 mission to construct private garage in front yard area. Gardinors Lane and south side Clearview Avenue West, Suuthoid, bounded north by Clearview Avenue West; east by Gardiners Lane; south by Dart;. west by John MuthalL · 7:40 P.M. (E.S.T.), upon ap- plication of James F. Murray, Vanston Road, Nassau Point, Cutohogue, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Section 301 and the Bulk Schedule, for permission to divide property with less than required area and frontage. Location of property: Lots 4 and 5, Map of Peconic Bay Proper- ~ p;~ P.M. (E.$.T.), upon ap- l plication of Dante H. Catullo, 15 [ Rcesiter Avenue, Yonkers, Ne~ [York, for a variance in ac. [ dinance, Article III, Section 30I [ and Bulk Schedule, for per- a mission to divide property with! insufficient area and frontage. [ Location of property: north side[ Bailey Beach Road, Mattituck,[ boanded north by other land of[ applicant; east by fight of way[ and Gatz; south by Bailey Beach[ iP, oad; west by J. Little. ~ New York, for a variance in accordance with the Zoning Ordinance, Article III, Section ; 301 and Bulk Schedule, for per- ~ mission to divide property with less than required area and frontage. Locution of property: Lots No. 118 and 119, Map of Nassau Farms, Peconic, New York. 8:~ P.M. IE.S.T.), upon ap- plication of Carl and Frances Chapman, Mattituck, New York, for a variance in accordance with the Zoning Ordinanes, Article III, Section 303 and Bulk Schedule, for permission to construct COUNTY OF SUFFOLK, STATE OF NEW YORK, } ss: Stuart C. Dorman ...................................... being duly Sworn, says thai . .h.e.... is Printer and Publishez of lhe SUFFOLK WI~;KLY TIMES, a newspaper published (rt Greenport, in said county: and lhat the noticz, of which the annexed is a printed copy, has been published in the sutd Suffolk Weekly Times once in each week, for ......... .o.n?. .............. weeks successively oommencing on the ..... %.w..e.n.%.y.-.s.e.c.o.n.d. ....... MarcOr -~ 73 day of .... . ..... ~y/~.~.~... ~.i. ;-' '~e~~ ............... ::. ........ Sworn to before/~. _me/this . ..... ! ..~ 19/.... ! FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL · . ~ Ph~E TA~ ~O~ICE tbct your c~hcct~c~ doted ............ ~..~ ................................. , 19 ........ for permit to c~t :~~.~. ~at the premises located at ....... ....... ~. ~...~......~:~.r~.~...~:.~ ~,p ........... ~. ....................... Block ........... ~. ........................ Cot ~ ........................... rctur~ hot*with ~nd disopproved on Ih, followin~ flrounds .... ~.:~ .......... ~.~:..~....:.~ ...............~ .~:. ...................... ~-~: ............ ~,¢~...:.: ~. ...... ~2 :..:~:.~:..d.....~.....-. ........... ~:~. Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ? f ~/~ TO THE ZONING BOARD OF APPEALS, TOWN OF $OUTHOLD, N. Y. Name of Appella,nt Street and Number Municipality .... ~c.~...~.c~I~.,..HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDI?~IG INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............~..~.b.-~...J..~..~...~...~ .... WHEREBY THE BUILDING INSPECTOR DENIED TO of Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x ] .~roptag~e-and arena_ yaria~n~c_e ]. Name of Applicant for permit .... .z...5.. ............... ......................... ........... Municipality State LOCATION OF THE PROPERTY~.e..¢Y..e..~.q,..,.~[fl.~i$~.g.¢.[c,~T..~. .......... ~.~.~.c],~.~ii~l ............ Street Use District on Zoning Map 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 Ordi.nance.) Article III Section 301 ~ 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE dL~e to la~,~ (~f access-(.St6t~ ~)f New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 . ~ 4. PREVIOUS APPEAL A previous appeal ~ (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 ...................................................................... ( ) Cz) %' ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form_ ZB1 (Continue on other side) REASON FOR APPEAL ..... Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicol difficulties or unneces- sary HARDSHIP because the applicant desires to create two paz~cels of.approximately 1 acre in size each with frontage on Reeve Avenue of 118.81 feet each. 2. The hardsh p created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because theJz~e-is only-su£fictent-frontage~-c on the road to give each parcel a width of 118.81 feet. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER'OF THE DISTRICT because the resulting parcels would in of:her ways comply with the town recluirements and the satcl parcels would be in keeping with the rest of the neighborhood. STATE OF NEW YORK ) ) COUNTY OF SUFFOI,I~ SS Sworn to this .......... '~ ......................... day of ............... ~4o. $2 ~ 0~30410 ~or~ Qualified in Suffolk County Term Expires Marc,~ GARY FLANNER OLSEN COUNSELLOR AT LAW February$, 1973 Re: Variance Dante H. Caiullo Property: Reeve Ave., Mattituck Dear Mr. Terry: Enclosed herewith please find an Application for a Variance in re the above captioned matter, along with the filing fee in the sum of $15.00. Please submit the variance for a hearing z as soon as possible. __~ /~ GFO/mrc encl. Howard Terry Southold Town Building Inspector Main Road Southold, New York 11971 "" N. 64"2'~'E 0 -- N.I$*I6'IO"V 5¢ 1242' ........... §' '~o~6 REEVE N 9000