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TO~WN OF SOUTHOLD, N~W YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1840 Dated September 17,
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHO~
To Clarice Blackb~n
New S~folk Avenue
Cutcho~e, New. York
DATE D.~.~.~...~, 1973
1973
AppeLlant
at a meeting of the Zoning Board of Appeals on October 11,
was considered and the action indicated below was taken on your
) Request for variance due to lack of access to property
) Request for a special exception under the Zoning Ordinance
) Request for a variance to the Zoning Ordinance
(X) Approval of access
1973 the appeal
1. SPECIAL EXCEPTION. By resol~ion ~ the Board it was determined that a ~edal exception ( ) be
gra~ed ( ) be ~nied pursuant to Article .................... Section .................... S~section .................... paragraph
.................... ~ the Zoning Ordinance and ~e decision of the Building Inspector ( ) 'be reversed ( ) be
conf~medbecause 8:25 P.M. (E.S.T.), upon application of Clarice Blackburn,
New Suffolk Avenue, Cutchogue, Ne~York, for a variance in accord-
ance with the Town Law, Section 280A for approval, of access.
Location of property: private right of way off south side of New
Suffolk Avenue; east by Case; south by Peconic Bay; west by Lockwood.
Fee paid $15.OO.
2. VARIANCE. By resolution of the Board tt was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
SEE REVERSE
difficulties or unnecessary
(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 (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
SEE REVERSE
FORM ZB4
) be denied and
/ PPROVk-D / D
~- ) ! ! ZO~NING BOAR OF~-APPEALS
- k~'~ ~.~' ~/ Mar~rie McDermott, Secretary
After investigation and inspection the Board finds that
applicant requests approval of access (private right of way
off south side of New Suffolk Avenue, Cutchogue). The findings
of the Board are that this is an existing access, 15 feet wide,
that has been in use for many years.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created~s 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, Clarice Blackburn, New Suffolk
Avenue, Cutchogue, New York, be GRANTED approval of access, as
applied for. Location of property: private right of w~y off
south side of New Suffolk Avenue, Cutchogue, New York.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse,
Grigo~is, Doyen.
EEGAL NOTICE
Notice~ of
Pursuant to Section 267 of the To~n Law and the provisions
of the Amended Building Zone Ordinance cf 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 October ll~ 1973~ on
the following appeals:
8:00 P.M. ( E.D.S.T.)~ upon application of Lucile Mosb~ck~
Rose Hill~ North Carolina~ for a variance in accordance with
the Zoning Ordinance~ Article III~ Section 301 and Bulk Schedule
for permission to divide and set off lots with existing buildings
with less than required width and area. Location of property:
south side Main Road~ East Marion~ bounded north by Main Road~
Humes & others~ east by William Park & others$ South by
Gardiners Bay; west by Parker.
8:1~ P.M. ( E.D.S.T.)~ upon application of Eugene Mazzaferro~
21~ Oak Street~ Greenport~ New York for a variance in accordance
with the Zoning 0rdinance~ Article III~ Section ~O1 and Bulk
Schedule for permission to build new one family dwellings with
insufficient setbacks. Location o£ property: Lot # 2~ Greenport
Drivein Park~ Brown and Ninth Streets~ Greenport~ New York.
8:2~ P.M. ( E.D.S.T.)~ upon application of Clarice Blackburn,
New Suffolk Avenue~ Cutchogue~ New York for a variance in accord-
ance with the Town Law~ Section 280 A for approval of access.
Location of property: private right of way off south side of
New Suffolk Avenue~ Cutchogue bounded north by New Suffolk Avenues
east by Case; south by Peconic Bays wes~ by Lockwood.
Legal notice
Page 2
8:~O P.M.
( E.D.B.T.)~ upon application of Kenneth Ketcham~
Main Road~ East Marion~ New York for a variance in accordance with
the Zoning Ordinance, Article III~ Section 300C-~a for permission
to store and work on private boat over 30' in length in an
District. Location of property$ north side Main Road~ East Marion
bounded north by Schrader & Wallace; east by Preston$ south by
Main RoadS west by S. Boken & right of way.
8:50 P.M. ( E.D.S.T.)~ upon application of Robert t(olyer,
208 Christian Avenue~ Stony Brook~ New York for a variance in
accordance with the Zoning Ordinance~ Article III~ Section 301
and Bulk Schedule for permission to divide property into two lots
with less than required width. Location of property: south side
Bayview Road~ Southold bounded north by Bayview Road; east by
La Rocca~ Marini~ Blakeman & others; south by Corey Creek~ Gozzola:
west by Schroeder~ Darnell.
9:00 P.M. ( E.D.S.T.)~ upon application of Armond Bartos~Jr.~
Private Road~ East Marion~ New York for a variance in accordance
with the Town Law~ Section 280 A for approval of access. Location
of property: north side Main Road~ East Marion on right of way
bounded east by F. Cowan and other~ west by R. Long~ bounded
north by De Nicolas east by right of way; south by I.C. Latham;
west by George Cook and others.
9:10 P.M. ( E.D.S.T.)~ upon application of Donald A. Steph-
enson~ Main Road~ Orient: New York for a special exception in
accordance with the Zoning Ordinance~ Article III~ Section 30OB-1
for permission to alter existing building to a 2 (two) family
occupancy. Location of property: off north side Main Road~ Orient
on right of way bounded east by Scolielo~ west by Burnham; bounded
north by Long Island Sound; east by Terry and Lomas; south by
right of ways west by Stephenson Beach Inc. and old Main Road.
Legal notlc
Page 3
9:20 P,M. (E.D.S.T.)~ upon application of Freddi~ Lawson~
Sound Avenue~ Mattituck~ New York for a variance in accordance
with the Zoning Ordinance~ Article III~ Section 301 and Bulk
Schedule for permission to set off lot with less than required
area. Locat±on of property: Oak Place and Walnut Avenue~
Mattituck~ bounded north by Ruthinowski$ south by the Lone Island
Railroad; west by Oak Place.
9:30 P,M. ( E.D.S.T,)~ upon application of William Serrell~
Dogwood Lane~ Gardiner's Bay Estates~ East Marion~ New York for
a variance in accordance with the Zoning 0rdinance~ Article III~
Section 301 and Bulk Schedule for permission to build an addition
with reduced side yard. Location of property: Lots ~ 95 and 96~
Gardiner's Bay Estates~ Do~¢ood Lane~ East Marion~ New York,
9:~0 P.M. ( E.D,S.T.)~ upon application of John Dinizio~
62~ Main Street~ Greenport~ New York for a variance in accord-
ance with the Zoning Ordinance~ Article III~ Section 301 and
Bulk Schedule for permission to set off lot with less than re-
quired area. Location of property: south side of Brown Street~
Greenport~ bounded north by Brown Street~ east by A. Dinizio~
south by Tully and Braun$ west by Pipes Cove Corporation,
Any person desiring ~o be heard on the above applications
should appear at the time and place above specified.
Dated: September 2~ 197~
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
York for a'~ariahce bi
anc~ ~vitJa £he Zoning Ordinance,
9:09 P. M. /EDST), upon ap-
plication of Armond Bartos, Jr..
te Bo~d, East Marion, New
for a variance in accord-
a.,ce with the Town Law, Section
28OA for approval o! access.
Location of property: north side
Main Road, East Marion on
right of way bounded east by 1
Cowan and others, west by R.
Long; bounded north by De
Nicola; east by right of way;
south by I. C. Latham; west by
George Cook and others·
9:10 P. M. (EDST), uDon ap-
plication of Donald A. Stephen-
son, Main Road, Orient, New
York for a special exception in
accord, anco with the Zoning
diDsDce, Article III, Section
300B-1 for permission 'to alter
existing building to a 2 (two)
family occupancy. Location of
property: off north side Main
Road, Orient on right of way
bounded east by Scollelo, west
by Burnham; bounded north by
Long Island Sound; east by
Terry and Lomas; south by right
of way; west by Stephenasn
Beach, Inc. and old Main Road.
9:20 P. M. (EDST), upon
plication of Freddie Lawson,
;Sound Avenue, Mattituck. New
York for a variance in accord-
JFFOLK }
V YORK ss:
~hitney Booth, Jr., being duly sworn, soys
the Editor, of THE LONG ISLAND
I^']-rlTUCK WATCH/v~N, (3 public news-
3t Soothold, in Suffolk County; end thor
ich the onnexed is o printed copy, has been
id Long IslQnd Traveler-Mattituck WQtch-
week for ....... ~./~..~../.ff... week/
mmencing on the ............... ~ ...................
ance with the Zoning Ordinance,
Article III, Section 301 and Bulk
· ............. to before me this ........ .~... ...........doy oi
Schedule for permission to set
off lot with less than required
area. Location o! property: Oak
Place and Walnut Avenue, Mat-
tituck, bounded north by Ruth-
inowski; south by Long Island
Railroad; wast by Oak Place.
9:30 P. M. (EDST), upon ap-
plication of William Serrell, Dog-
wood Lane, Gardiner's Bay
Estate~, East Marion, New York
Jar a varianee in accordance
with the Zoning Ordinance, Ar-
ticle III, Section 301 and Bulk
Schedule for permission to build
an addition with reduced side
yard. Location of property; Lots
NO. 05 and 96. Gardiner's Bay
Estates, Dogwood Lane, East
Marion, New York.
9:40 P. M. (EDST), upon ap-
plication of John Dlnizio, 624
Main Street, Grcenpert, New
York for a variance in accord-
ance with the Zoning Ordinance
Article III, Section 901 and Bulk
Schedule for permission to set
off lot with less than required
area. Location og property: south
side of Brown Street, Oreenport,
bounded north by Brown Street:
east by A. Dinizio; south by
Tully and Braun; west by Pipes
Cove Corporation.
Any person desiring to be
heard on the above applications
should appear at the time and
place above specified.
Dated: September 29, 1973
BY ORDER OF THE
SO O'A'~OLD TO~rST
BOARD OP APPEALS
Dated: September 28. 1973
LEGAL NOTICE
the following appeals:
0:00 P.M. (E.D.S.T.), upon
application of Lucile Mesback,
Rose Hill, North Carolina, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 301 and Bulk Schedule for
permission to divide and set off
lots with existing buildings with
less than required width and
area. Location of property: south
side Main Road, East Marion,
boanded narth'by Main Road,
Humes and others; east by
william Park and others; south
by Gardiners Bay; west by
Parker.
0:15 P.M. (E.D.S.T.), upon
application of Eugene Maz-
zuferro, 215 Oak Street, Green-
port, New York for a variance in
accordance with the Zoning
Ordinance, Article III, Section
301 and Bulk Schedule for per-
mission to build new one family
dwellings with insufficient set-
backs. Location of property: Lot
No. 2, Greenport Drivein Park,
Brown and Ninth Streets,
Grcenport, New York. ~
0:25 P.M. (E.D.S.T.), upon
application of Clarice Blackburn,
New Suffolk Avenue, Cutchogue,
New York for a variance in ac-
cordance with the Town Law,
Section 280 A for approval of
access. Location of property:
private right of way off south side
of New Suffolk Avenue, Cut-
cbegue bounded north by New
Suffolk Avenue; east by Case;
south by Peconic Bay; west by
Lockwood. ~
8:40 P.M. (E.D.S.T.), upon
application of Kenneth Ketcham,
Main Road, East Marion, New
York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 300C-
4a for permission to store and
work on private boat over ~0' in
length in an "A" District.
Location of property: north side
Main Road, East Marion bounded
north by Schrader and wallace;
east by preston; south by~M.a~
Road; west by S. Baken anu ng
o! way.
8:50 P.M. (E.D.S.T.), upon
application of Robert Kotyer, 208
Christian Avenue, Stony Broo.k,
New York, for a variance ~n
accordance with the Zoning
~_~ ,,.i,}£,l~ i11' Seclion
wo lots with less than required
width. Location of property:
south side Bayview Road,
Southold bounded north by
Bayview Road; east by La
Rocca, Marini, Blakeman and
others; south by Coroy Creek,
Gozzola; west by Schroeder,
Darnell.
9:00 P.M. (E.D.S.T.), upon
application of Armand Bartos,
Jr., Private Road, East Marion,
New York for a variance in ac-
cordance with the Town Law,
Section 280 A for approval of
access. Location of property:
north side Main Road, East
Marion on right of way boanded
east by F. Cowan and others,
west by R. Long; bounded north
by De Nicula; east by right of
way; south by I.C. Latham; west
by George Cook and others.
9:10 P.M. (E.D.S.T.), upon
application of Donald A.
Stephanson, Main Road, Orient,
New York for a special exception
in accordance with the Zoning
Ordinance, Article III, Section
~00B-1 for pormissian to alter
existing building to a 2 (two)
/amily occupancy. Location of
property: off north side Main
Road, Orient on right of way
bounded east by Sco]ieio, west by
i Burnham; bounded north by
41 ~ngIslandSound cast byTerry
~d Lomas; south by right of
~ way; west by Stephenson Beach
l~c. and Old Main Road.
~i 9:~o P.M. (EiD.S.?.), upon
~ ~ aPPlication of Freddie Lawson,
,~ i.' ~and Avenue, Matlltuck, New
~? ;~l~ork for a variance in ac-
COUNTY OF SUFFOLK,
STATE OF NEW YORK, } ss:
LEGAL NOTICE
cordance with the Zoning Or-
dinance, Article HI, Section 301
and Bulk Schedule for permission
to set off lot with less than
required area. Location of
property: Oak Place and Walnut
Avenue, Mattituck,. bounded
north by Rulhinowski; south by
the Long Island Railroad; west
by Oak Place.
9:30 P.M. (E.D.S.T.), u~on
application of William Serrell,
Dogwood Lane, Gardiner's Bay
Estates, East Marion, New York
for a variance in accordance with
the Zoning Ordinance, Article IH,
Section 301 and Bulk Schedule for
permission to build an addition
with reduced side yard. Location
of property: Lots No. 96 and 96,
Gardiner's Bay Estates,
Dogwood Lane, East Marion,
New York.
appHcatibn of John Diniaio, 624
Main Street, Greenport, New
York for .~ variance in ac-
cordance with the Zoning Or-
dinance, Article HI, ~ 301
and Bulk Scl~ula for permission
to set off lot ~vith less than
required are~. Location of
property: south side of Brown
Street, Greenport, bounded north
by Brown Street; east by A.
Dinizio; south by Tully and
Braun; west by Pipes Cove
Corporation.
Any person desirin~ to be heard
on the above applieatians should
appear at the time and place'~
above specified.
Dated: September ~8, 197a
BY ORDER OF TH~
SOUTHOLD TOWN
BOARD OF APPEALS
Stuart C. Dorman being duly Sw,
LEGAL NOTICE
:says th=t ...h.e... is P;inter =ad Publi;hez of tile S~FC
9.~40 P.M. (E.D.S.T.), upon '
,Wt~:KLY TIMES, a newspaper published ~t Greenport, in
county; and ~hat the notice, of which the annexed is u pri~
copy, has been published in the imid Suffolk Weekly Ti
once in e~ch week, f~r one (1) wc
successiv~:ly commencing on tile ........ .~.t;.h ...........
day of ...~t,.o.b¢.r. % ~_....:, :...19.7.].
Sworn to before me this ....h.~.h. ....
day of ..... ~ ......... /../
/ ,/ ,,,A , ,'vv.;~, OF NEW YOr~K
~ / F,O~ n, ~ ufok County
~y Com!mssion Ex?,re~ March 30, 19_.,),~/
~ ~ FO]~M ~0. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
,or p_~rroit ~...~.....°g...~...~t ~h~ pr~mis~ I~¢~t~cl ~t ........
,,,,~ _/_!~_~.x... .... ~,o~...~ .................. ,_o~ .....~ ....................................
~,,m~,~ ~,,,~ o,,~ ,~,o,~,~,-o,,~d o, ,~, fo~owi,~ ~o,,~,~, ........... ~...A...~.......P.:..~.:..g.
~ ............. %~"'"/" ........ 7'r/ ....... ~ ........................................................... r,'~ .........
.................... ~b~.~....~...~.......~ ......... '..~~.., ~.~....:. ..........................................
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /o~rzzd
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥.
Clar~ce Blackburn of New Suffolk Avenue,
I, (We) ............................................................................................ ..................................................
Nome of Appeliont Street and Number
.................. ..O..~.¢..c.~.o.~,~.e.~, ...................................................... .~..,.~,~ ............... HEREBY APPEAL TO
Municipality S'~ate
THE ZONING BOARD OF APPEALS FROM THE DECISION. OF THE BUILDIN~/~//~E~TOR ON
APPLICATION FOR PERMIT NO ............................. ........ DATED .............. ~/~...Z.!: ................
WHEREBY THE BUILDING INSPECTOR DENIED TO
of
Clarice Blackburn
................ ................
New Suffolk Avenue, Cutchog~N. Y.
Municipality State
Street and Number
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(x) ~varianc~
T~ p~npEP-rv. New Suffolk Ay enue Ari , ~e.s..i.d,: ....
1LOCATION OF-,,-~ ...................................................................................
Street Use District on Zoning Map
....... .......................................... ...........
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
sectior and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
280A of the Town Law
3. TYPE OF APPEAL Appeal is made herewith for
(~) ~_A. VARIANCE t? the Zoning Ordinance or Zoning Map -Access Variance
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
4.
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for c special permit
( ) request for a variance
and was made i~ Appeal No ................................. Dated ......................................................................
( )
(x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance Access Variance
is requested f&r~the reason that
Form
(Continue on other side)
REASON 'FOR APPEAL C~ntinued
). STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because applicate would be unable to gain ingress and egress to
subject premises.
2, The hardshJo created is UNI(~UE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because other prem~es pre~en~y.
the access which the applic~t seeks to use. The premises is not loeat~
,-- ~n a public road and e'aia only be reaehed by a right of way.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHA/~,CTER OF~ ~E DfSTRIC~r'l~ecause other p~e~ises presently use the right o£ way
for ingress and regress.
OUNTY 0
Sworn tothis
.............................................. day of ...........
Notary Public
JODI?'H T. BOKEN
Ga z'ty
a, E~q as attorney
TUT-NOTE
GARY FLaNNER OLSEN
COUNSELLOR AT LAW
I--
TO:
L
Howard Terry
Southold Town Building Dept.
Main Road
Southold, N.Y.
Re: Blackburn Variance
Enclosedherewith please find an AppliCation for an access variance
and the fee of $15.00.
Please advise as to the date of the hea~ing.
SIGNE _D~ ~DATE:9/[3/75 SIGNED DATE: