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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARJ) OF APPEALS
Appe~ No. 1875 Dated January 18,
ACTION OF TI{E ZONING BOARD OFAPPEA~OF THE TOWNOFSOUTHOLD
To Ann Werber
87 Beach Road
Kings Point, N. Y. 11024
DATE ~.%....~, 1974
Public Hearing: 2/7/74
1974
Appellant
at a meeting of the Zoning Board of Appeals on February
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
)
28, 1974 the appeal
1. SPECIAL F~[CEPTION. By resolution of the Bo~d it was determined that a special exception ( ) be
~anted ( ) be de.ed pursua~ to ~ticle .................... Section .................... Subsection .................... p~a~a~
.................... ~ the Zoning Ordinance and ~e ~cisinn of the Building I~peetor ( ) be reversed ( ) be
confirmed because 9:30 P.M. (E.D.S.T.), upon application of Ann Werber,
8'7 Beach Road, Kings Point, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 100-30,
100-31 and Bulk Schedule for permission to construct new dwelling
with insufficient area. Location of property: Private Road
S/S Indian Neck Lane, Peconic, bounded north by Indian Neck
Lane; east by D. Branch; south by Peconic Bay; west by Indian
Neck Park Subdivision. Fee paid $15.00.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
practical difficulties
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 Building Inspector ( ) be confirmed ( ) be reversed.
SEE REVERSE
ZONING BOARD OF AP.P~EALS
Marjorie McDermott, Secretary
After investigation and inspection the Board finds
that applicant requests permission to construct new dwelling with
insufficient area on premises located on Private Road on the
south side of Indian Neck ~ane, Peconic. The Board finds that
the applicant desires to remove an old existing summer cottage
and replace it by a more permanent residence. In effect, the
Board would be granting permission to carve a 40,000 sq. ft.
lot out of three and one half acres. 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 proper-
ties 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, Ann Werber, Kings Point,
New York, be GRANTED permission to construct new dwelling with
insufficient area on Private Road, south side of Indian Neck
Lane, Peconic, New York, subject to the following conditions:
1. That lot be set off as described in survey of
Van Tuyl dated February 13, 1974.
That the dwelling be located no closer than 35 feet
to the southerly line, no closer than 10 feet from
the easterly line; no closer than 15 feet from the
westerly line; and no closer than 35 feet to the
northerly line.
This lot has been described in this Action in the event
that applicant should dispose of this property with the new
house on it.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Doyen.
Legal Notice
Pg. 3
9:15 P.M. (E.D.S.T.), upon application of Raymond & Ruth
Woolfe, Fishers Island, New York, for a variance in accordance
with the Zoning Ordinance, Article IV, Section 100-40 and 100-41
and Bulk Schedule for permission to divide house and lot with
insufficient area in either section and no sideyard where
house is divided. Location of property: N/S Whistler Avenue,
Fishers Island, bounded north by Boocock & Gallagher; east by
Fishers Island School District; south by Whistler Avenue;
'west by J. Pickett.
9:30 P.M. (E.D.S.T.), upon application of Ann Werber, 87
Beach Road, Kings Point, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-30, 100-3~
and Bulk Schedule for permission to construct new dwelling
with insufficient area. Location of property: Private Road -
S/S Indian Neck Lane, Peconic, bounded north by Indian Neck
Lane; east by D. Branch; south by Peconic Bay; west by Indian
Neck Park Subdivision.
9:45 P.M. (E.D.S.T.), upon application of Charles McCormack,
19 Tunstall Road, Scarsdale, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Sec. 100-34
and 100-31 and Bulk Schedule for permission to construct
addition with reduced average setback. Location of property:
E/S Reydon Drive, Reydon Shores, Re-sub Sec. F, 1/2 Lots 18,
19 and 20.
10:00 P.M. (E.D.S.T.), upon application of Joseph W.
Petrauskas, Hill Street, Mattituck, New York, for a variance
in accordance with the Zoning Ordinance, Article XIV, Section
100-144 and Article III, Sec. 100-31, and Bulk Schedule for
permission to add structure to mobile home which does not
meet standards of setbacks, living area .
for Certificate of Occupancy. Location of property:
South side Hill
by Bill Street;
Street, Mattituck, New York, bounded north
east by C. Whalen; south by F. Tyle~ & Reeve;
NOTICE OF HE&RINGs
Pursuant to Section 267 of the
Town Law and the provisions
of the Amended Bu/lding Zone
Ordinance of the Town of
~outhold, 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,
/~OUthold, New York, on Febru-
ary 7, 1974 on the following ap-
peals:
7:30 P. M. (EDST), UPon ap-
plication of Ernest M. Ouetttng.
er, Hemlock Drive BOx 437, Mas-
tic Beach, New York, for a
variance in accordance with the
Zoning Ordinance, Article HI,
Section 100-32, for permission to
construct garage in front yard
area. Location of property:' Oak
Street, Cutchogue, New York,
Lot~ No. 38, 39 and 40.
7:45 P. M. (El)ST), upo~ ap-
plication of Peter Dohrman,
Smith Lane, Peconic, Ne.w York,
with the Zoning Ordinance, Ar-
ticle III, Section 100-30, 100-31,
100-32 and Balk Schedule for
permission to construct addition
(fleck) with insufficient setback
from property line and high
water m~/rl~. L0catlon o! prop-
erty: south side of Oak Stre.et,
Cutchogue,-Hew York. Map of
Eugene Heights, Lots NO. 24 and
south half of 2.5.
8:00 P. M. (EDST), upon ap-
plication of Edward yanke, 31
Summit Drive, Smithtown, New
ance with the Zoning Ordinance,
Article III, Section I00-30, 100-
31 and Bulk Schedule for per-
lng on lot with existing non-
widest part of lot; lot will have
less than 150 feet at building
line for new all year round
house. Location of property.
E/S Bay Avenue, Mattituck, New
York, bounded north by E. R.
south by H, Baldwin; west by
8:15 P. M. IEDST), upon ~p-
plication of Daniel J. and Mar-
garet M. O'Connell, Park Avenue,
Mattitnsk, New York, for a
variance in accordance with the
Zoning Ordinance, Article Ili,
Section 100-30 and Bulk Schedule
for permission to divide lot with
insufficient width and area for
proposed lots. Location of prop-
erty: south side Park Avenue,
Mattituck, New ~rork, bounded
north by Park Avenue; east by
A. Ix)castro; south by Pecoinc
Bay; west by R. Carleo.
8:30 P. M. (EDST), upon ap-
plication of Henry E. Raynor,
Jr. (Raynor-Suter Hardware),
320 Love Lane, Niattituck, Hew
ance with the Zoning Ordinance,
Article VII, Section 100-70 and
100-71 and Bulk Schedule for
permission to construct addition
to store with insufficient rear
yard, offstreet parldng, etc. Lo-
cation of property: south side
Pike Street, Mattituck, New York,
bounded north by Pike Street.
east by W. Flare & Park District;
south by L. Barker; west by
8:45 P. 1~. (EDST). upon ap-
plication of Elbert E. Luce, Jr.
& George M. Vail (uncle), Vil-
lage Lane, Orient, New York, for
Zoning Ordinance, Article III,
Section 100-30 and Bulk Sehed-
ule--for permission to divide lot
and construct dwelling with in-
Town Law for Approval of Ac-
cess. Location of property:
R.O.W. east side Village Irene,
Orient, Hew York, bounded north
by W. Schrievcr; east by W.
with reduced setback. LoCation
of proFerty: N/S Narrow River
Road, nt, bounded north by
N. Ma..y & Others; east by
R. Luck; south .by Harrow River
Road (King St.); west by
Applegate.
9:15 P. ~VI. (EDST), upon ap-
plication of Raymond & Ruth
Woolfe, Fishers Lsland, New
Article IV, Section 100-40 and
100-41 and Bulk Schedule for
permission to divide house and
lot with insufficient area in
either section and no sideyard
where house is divided. Loc'arian
of property: N/S Whistler Ave-
nue, Fishers Island, bounded
north by Boocock & Gallagher;
east by Fishers Island School
District; south by Whistler Ave-
nue; west by J. Pickett.
9:30 P. NI. (EDST), upon ap-
plication of Ann Wether. 87
Beach Road, Kings Point, New
ance with the Zoning Ordinance,
Article III, Section 100-30, 100-31
and Bulk Schedule for permis-
sion to construct new dwelliDg
with insufficient area. Location
Indian Neck Lane, Peconic,
bounded north by Indian Neck
Lane; east by D. Branch; south
Neck Park Subdivision.
9:45 P. M. (ED/BT), upon ap-
plication of Charles McCormack,
19 Tunstall Road, Scarsdale,
cordance with the Zoning Ordi-
nance, Article III, Sec. 100-34
and 100-31 and Bulk Schedule
for permission to construct ad-
dition with reduced average set-
back. Location of property: E/S
Reydon Drive, Reydon Shores.
Re-sub Sec. F, %~ lots 18, 19
and 20.
10:00 P. M. (EDST), upon ap-
plication of Joseph W. Petraus-
kas, Hill Street, Mattituck, New
ance with the Zoning Ordinance,
Article XIV, Section 109-144 and
Article III, Sec. 100-91, and Bulk
Schedule for permission to add
structure to mobile home which
backs, living area for Certificate
of Occupancy. Location of prop-
erty: South side Hill Street,
Mattituck, New York, bounded
north by Hill Street; east by C.
Whalen; south by F. Tyler
COUNTY OF SUFFOLK } ss:
STATE OF NEW YORK
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - MA,~-I'ITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is a printed copy, has been
published in said Long Island Zraveler-Mattituck Watch-
man once each week for ..... ~J~.dR-.....~.:/.../. week~
successively, commencing on the ............. .~.~..d~-. .................. of ......~.~-.[.Z~-'(,4L.-.-.w.-~, 192'~'.'~'".
Sworn to before me this ........ :.o~. ........ day oi
........ :~..~Z.~t~. ........ 19../'~-.-'-~..
.......... ...... .....
l~ot~,ry Public ~/
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 Southald, at the Town
Office, Main Road, Southold,
New York, on February 7, 1974 on
the following appeals:
7:30 P.M. (E.D.S.T.), upon
applicatio~ of Ernest M. Guet-
tinger, Hemlock Drive Box 437,
Mastic Beseh, New York, for a
variance L,1 accordence with the
Zoning Oral/mince, Article III,
Section 100-32, for permission to
construct garage in front yard
area. Locatien of property: Oak
Street, Cutcbogee, New York,
Map No. ~ Eagene Heights,
Lots No. 30, 30 and
7:45 P.M. (E.D.$.T.), upon
application of Peter Dd~rman,
~mith Lane, Peeonin, New York,
for a variance in accm~lance with
the ~ Ordinance, Article IH,
Section 100-30, 100-~1, 100-32 and
Bulk Schedule for permi~ien to
construct addition (deck) with
insufficient setback from
property line and high water
mark. Location of property:
chogue, New York, Map of
Eagene Heights, Lots No. 24 and
8:00 P.M. (E.D.$.T.), upon
application of Edward Yanke, 31
· ~mmit Drive, $mlthtown, New
York, for a variance in ac-
diannce, Article III, Section
~0, 100-31 and Bulk Schedule for
)ermissinn to construct new
iwelling an lot with exizllng nun-
co~(orml,g summer cottage on
widest part of lot;lot ~ have
less than 150 feet at building line
for new all year round house.
Location of property: E-S Boy
Avenue, Matlltuck, New York,
bounded north by E.R. Burke;
east by James Creck; south by R.
Baldwin; west by Bay Avenue.
9:15 P.M. (E.D.S.T.), up~m
application of Daniel J. and
Margaret M. O'Coanull, Park
&veune, Mattituck, New York,
[or a varlanes in aceordance with
~he Zonln~_. Ordimmce, Article III,
$ectlon 100~0 and Bulk Schedule
[or pe~'miesinn to divide lot with
iunofficiunt width and area for
proposed lots. Location of
property: south side Park
Avceue, Matfituck, New York,
I~)unded north by Park Avenue;
~st by A. Locastro; south by
~ Bay; west by R. Carleo.
' 8:~0 P.M. (E.D.$.T.), upon
application of Henry E. Ha)nor,
Jr. (Haynor-~uter Hardware),
~0 Love Lane, Mattithck, New
York, for a variance in ac-
dlnAm~, Ar~elo Vll, ~tion
'/9 and 100-71 and Bulk Schadule
for permlzl~ to catruct ad-
application of Elber~ E. Luce, Jr.
& George M. Vail (uncle), Village
Lane, Orient, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule -
for permission to divide lot and
construct dwelling with in-
sufficient area; and Section 2~0A
Town Law for Approval of Ac-
cess. Location of proper-
ty:R.O.W, east side of Village
Lane, Orient, New York, bounded
north by W. Schriever; east by W.
Schriever; south by M. Horton;
west by G. Vail.
9:00 P.M. (E.D.S.T.), upon
application of Audrey H.
Blodgett, Narrow River Road,
Orient, New York, for a Variance
in accordance with the Zoning
Ordinance, Article III, Section
100-30, 100-31 and Bulk Schedule
for permission to construct
dwelling with reduced setback.
Location of property: N-S
Narrow River Road, Orient,
bounded north by N. Mauley &
Others} east by R. Luck; south by
Narrow River Road (King St.);
west by H. Applegate.
9:15 P.M. (E.D.S.T.), upon
application of ~'aymond & Ruth
Woolfe, Fis[ Island, New
York, for a variance in ac-
cordance with the Z~,fin~ Or-
dln~rlce, Article IV, Section 100-
40 and 100-41 ~nd Bulk Schedule
for permlssie divide house
and lot with insufficient area in
either section and no sideyard
where house is divided. Location
of property: N-S Whistler
Avenue, Fishers Island, bounded
north by Boocock & Gallagher;
east by Fishers inland $cheal
District; south by Whistler
Avanee; west by J. Pickett. ~
9:30 P.M. (E.D.S.T.), upon
application d Ann Werber, ~7
Beach Road, Kings Point, New
York, for a variance in ac-
dimmce, Article III, Sccfion 100-
30, 100-31 and Bulk Schedule for
permission to construct new
dwelling with insufficient area.
Location of property: Private
Road - S-S Indian Neck Lane,
Pecoulc, bounded north by Indisn
Neck Lane; east by D. Branch;
south by Peenulc Boy; west by
Indian Neck Park Subdivision.
9:4~ P.M. (E.D.S.T.), upon 31st I
'application of Charles Mc- Swo~n to before me this ...........
Cormack, 19 Tunstall Road, day of Jal'lua.r~ . 19.?.4.~_
Scarsdalo, New York, for a ........... ......
variance in arcordance with the
ZO~i,~ Ordinance, Article III,
Sec. 100M and 100-31 and Bulk
Schedule for permission to
construct additian with reduced
average setback. Location of
property: E-S P, eydon Drive,
Haydun Sl~ores, Re-sub Sec. F, ~
LOts la, 19 and 30.
10:~0 P.M. (E.D.S.T.), upon
application of Joseph W.
Peiraoslr~s, Hill Street, Mat-
tituck, New York, for a variance
in accordance w/th the Zoning
Ordinance, Article XIV, Section
100-144 and Article IH, Sec. 100-
31, and Bulk Schedule l~or per-
miesien to add structure to
mobile home which does not meet
standards of setbacks, living
area for Certificate of Oc-
cupuncy. Location of property:
South side Hill Street, Mattituck,
New York, bounded north by Hill
Street; east by C. Whalen; south
by F. Tyler & Reeve; west by
American Legion.
Any porch desiring to be heard
on the above appeals should
appear at the time and place
above specified.
Dated: January 24, 1974
BY ORDER OF THE
SOUTHOLD TOWN BOARD
OF APPEALS
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
J
Stuart C Dorman
................ : .................... being duly Sworn
~/s thor ...h.e... is Printer and Publisher of ~e SUFFOL~
VEEKLY TIMES. a newspaper published ~t Greenport. in sui.
~ounty: and that the notice, o! which the ,,m, exed is u printe-
~py. has been published in the said Suffolk Weekly Time:
*nce in eoch week, ~ o~e (1) week:
successively ~ommencing on the ......... ~.l.s..t ...........
FO~I NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD~ N. Y.
NOTICE OF DISAPPROVAl.
........ ~.:...~%.,~.~...~.~ ..........................
P~EASE TAKE NOTICE ~Hn~ your ~ppiic~tion d~ed ......... k ...... :~ ................................. , ]9 ........
~arnc~ h~dh ~hd d~sopproved~n the ~ol]ow~j 9rounds~:. ..........................................................
.~~..:.....~>,...~....:::.~.....~...:~:~.....:..:..~<
:::,A.:>~....:.:~.,,:,-:... ~¥.:.~ . ..~ ................................................
................... ~..~.J.t ......... ~.~ ...... .I..~,.~..:.~.~.~.....~:~.~~,~:.
' ~Building Inspector
TOWN OF SOUTHOLD, NEW Y~6~RK
F
APPEAL FROM DECISION OF BUILDING INSP-CTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
.................. .................... of ......... ...................................
Name of Appellant Street and Number
................. ..~.~,.~.cj,~....?..o..i.,.~.~ .................................................. .~...e.~...,Y..9,~.k' ....... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD)NG ,I,NSPECTOR ON
APPLI CA TI ON FOR PERM IT NO ..................................... DATED ........../../...~..~..~.. ..................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
Street and Number Municipality State
( ) PERMIT TO USE
(~')( ) ~~PERMIT~ FOR OCCUPANCY, ~ ~,_~..~ ~L,? ,¢/b¢~~--~,~--~ ~
1. LOCATION OF THE PROPERTY ..?...~.$Y.a..t..e_.,R.o..~.~ ........................... ,A,...D..J:.s...t.~.~-.g.~ ...................
Street Use District on Zoning Map
Peconic, New York
Mop No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub~
sectiOnArticleand Paragraphiii Ofsectionthe Zoning301OrdinanCeand Bulk/schbY number.an~e~l~'°au~'en'~gt uote the Ordi~nance.)
3. TYPE OF /k'P~EAL Appeal is made herewith for
(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
4. PREVIOUS APPEAL A previous appeal ~f~) (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 ......................................................................
)
X)
)
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
~s requested for the reason that
Form ZB1
Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because applicant would be unable to improve the property
other than to renovate the existing summer cottage that is already
on the premises.
2. The hardship createdis UNIQUE and is notshared by all properties alike in the immediate
vicini~ ofthis property and in this use district beca~use applicant desires to remove
an old existing summer cottage and replace it by a more permanent
residence.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because in the area there are already properties
which have two houses on an area of less
including on information and belief, the
the East and West.
that 40,000 square feet,
adjoining properties to
STATE OF NEW YORK ~'-~//~
COUN oF Suffolk ss .....
Rudolph I~. Bruer, attorney for Ann Wether
Sworn ~o this ......... ~.~ ............................ day of ...... ~.~.~.E~ ................................. ]9 74
Nota~ Public
~ ~F~RTS ~A~N~ ~DSON ~
NOTAry PUBLIC, Sfaf~ ~ NeW Y~
o¥
ANN
-'I~C, , 'i t
.~,T
40,000 aq,