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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONI~IG BO~RD OF APPEALS
Appeal No. 1880 Dated February 7,
ACTION OF TI{E ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Howard L. Wolbert
6 Highland Avenue
Jersey City, N. J.
DATE ..E~-h.._..2.8, 1974
1974
Appellant
at a meeting of the Zoning Board of Appeals on February 28, 1974
was considered and the action indicated below was taken on your
( ) Request for Variance due to lack of access to propert~
( ) 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 Bo~d it was determined that a special' exception ( ) be
~a~ed ( ) be denied pursuant ~ ~ticle .................... Section .................... Subsect~n .................... para~aph
.................... of the Zoning ~dina~e and the dec,on of the Building Inspector ( ) be reversed ( ) be
co~irmed b~ause 9:30 P.M. (E.D.S,T.), uponapplication Of Howard L.
Wolbert, 6 Highland Avenue, Jersey City, N. J., for a variance
in accordance with the Zoning Ordinance, Article III, See.
100-30, 100-31 and Bulk Schedule for permission to divide
lot with insufficient width.~and area.~ Location of property:
E/S West Hill R~ad, Mattituck, New. York, bounded north by
J. Carlton; east by J. Carlton; sout~ by W. Smith; west by
West ~i~l Road. 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
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
(would not)
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous deeislons of the Building Inspector ( ) be confirmed ( ) be reversed.
FORM ZB4
) be denied and
After investigation and inspection the Board finds that
applicant requests permission to divide lot with insufficient
width and area on property located on the east side of West
~ill Road, Mattituck, New York. The findings of the Board
are that applicant is surrounded on three sides by lots
that are one half acre or one quarter acre, and that this
variance would not change ~ e character of the area. It
would be an unusual hardship to require the applicant to
furnish more land. 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, Howard L.. Wolbert, 6 Highland
Avenue, Jersey.City, N. J., be GRANTED permission to divide
lot with insufficient width and area on property located on
the east side of West Eill Road, Mattituck,.New York, as
applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Doyen.
Pursuant to Section 267 al
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 thc Town of Southoid,
at the Town Office, Main Road,
Southold, New York, on Febru-
ary 28, 1974 on the following
appeals:
9:30 P. M. IEDST), upon ap-
plication of Robert R. Annison,
6010 Sound View Avenue, SouLh-
old, New York, for a variance
in accordance with the Zoning
Ordinance, Article III, Section
100-32 for permission to con-
struct garage in front yard area.
L~cation of property: S/S Sound
View Avenue, Southold, New
York, bOunded on the north by
Bucldey; south by G. Lehmann;
west by C. Booth.
plication of Agneta H. Ewer,
Smith's Ro~gl, Peconic, New
York, for a variance in accord-
ance with the Znning Ordinance,
Article III, Section 100-30 and
100-31 and Bulk Schedule for
permission to install kitche~
equipment in occessm7 buildq~g
resulting in two dwellings on one
lot. Location of property: W/S
Smith's Road, Peconic, New York,
Plot F. Indian Neck Park.
9:00 P. M. ~EDST). upon ap-
plication of John Divello, Hill &
Wickham Avenue, Mattituck
New York, for a variance in ac-
cordance with the Zoning Ordi-
nance. Article Ill, Sec.
100-35 for permission to con-
struct 7 foot chain link fence in
front yard area. Location of
property: E/S Wiekham Avenue
and N/S IIiU Street, Mattituck.
New York, bounded north by
C. A. Price CO.; south by Hill
Street; west by Wickham Ave-
hue.
plication of Stanley Fliss & Wife.
Bray Avenue & AlbO Drive, Mat-
tituck, Hew York, for a vsriance
in accordance with the Zoning
Ordinance; Article III. Sec. 100-30
and 100-31 and Bulk Schedule
for permission to divide lot with
cation of prooerty: Bray /xvenue
and Albo Drive. Laurel N'ew
York. bounded north by W.
Brock; east by A]bo Drive;
south by Bray Avenue; wes~ by
~ plication of l~v~I~l~L. Wolbert,
N. J., for a varisnce in ~ccord-
lance with the Zoning Ordinance.
COUNTY OF SUFFOLK ~
SS:
STATE OF NEW YORK
C. Whitney Booth, .Jr., being duly sworn, soys
that he is the Editor, of THE LONG ISLAND
TRAVELER - MATTITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is o printed copy, has been
published in said Long Island Trove]er-Mottituck Watch-
man once each week for .....((-~-:-..~--~.~.~:..~.Z~.. ..... weeks
successively, commencing on the ....................
dayo, ...... ...... " ....
o / 19'//~/
.........
~otory Pubr~
Article III, Sec. 100-30, 100-31
and Bulk Schedule for permis-
sion to divide lot with insuffi-
cient width and area. Location
of property: E/S West Mill Road,
Mattituck, New York, bounded
on the north by J. Caxlton; east
by J. Carlton; south, by II.
Smith; west by West Mill Road.
A~y person desiring to be
heard on thc above appeals
should appear at the time and
place above specified.
Dated: February 14, 1974
BY ORDER OF THE
SOUTROLD TOWN
BOARD OP APPEALS
· 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 Seathold, at the Town
Office, Main Road, Southold,
New York, on February 28, 1974
on the following appeals:
8:30 P.M. (E.D.S.T.), upon
application of Robert R. Aunison,
6010 Soundview Avenue,
Southold, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-32 for permission to
ceastruct garage in front yard
area. Location of property: S-S
Soundview Avenue, Southold,
New York; bounded on the north
by Soandview Avenue; east by J.
Buckley; south by G. Lehmann;
west by C. Booth.
8:45 P.M. (E.D.S.T.), upon
application of Agneta H. Ewer~
Smith's Road, Peconic, New
York, for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, SccUon 100-
30 and 100-31 and Bulk Schedule
for permission to install kitchen
equipment in accessory building
resulting in two dwellings on one
lot. Location of property: W-S
Smith's Road, Peconic, New
York, Plot F, Indian Neck Park.
9:00 P.M. (E.D.S.T.), upon
application of John Divelio, Hill
and Wickham Avenue, Mattituck,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III, Sec. (305),
100-35 for permission to construct
7 foot chain link fence in front
yard area. Location of property:
E-S Wiekham Avenue and
Hill Street, Mattituck, New York,
bounded north by Long Island
Railroad; east by C.A. Price Co.;
south by Hill Street; west by
Wickham Avenue.
permission to divide lot with
insufficient width and area.
Location of property: E-S West
Mill Head, Mattituck, New York,
beunded on the north by J.
Carlton; east by J. Carlton; south
by H. Smith;~ by West Mill · ' - being duly Sworn.
Road.
Any peroun desiring to be heardu*=er
of
file
SUFFOLK
on the above AppeaLs should~! fit Greenport. in said
appear at the time and place'
above specified, to annexed ts a l~inted
Dated: February t4, 1~74
BY ORDER OF THE Suffolk Weekly Times
BOARD OF APPEALS ~ ... weeks
9:16 P.M. (E.D.S.T.), upon
application of. Stanley Fliss andy Commencing on file
Wife, Bray Avenue and Albo~
Drive, Mattituck, New York, for- -' 19.7.4.
a variance in accordance with the
Zoning ordinance, Article III .........
Sec. 100-30 and 100-31 and Bulk 10' 2
Schedule for permission to divide ~ore me this ...........
lot with insufficient width andFebruary
area. Location of property: Bray ........
Avenue and Albe Drive, Laurel, ...
New York, bounded north by W.
Brock; east by Albe Drive; south
by Bray Avenue; west by J.
9:30 P.M. (E.D.S.T.), upon.
Iapplication of Harold L. Wolbert,
6 Highland Avenue, Jersey City,
N.J., for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Sec. 100-30,
100-31 and Bulk Schedule for
FOP~FI NO, 3 ,
TOWN OF SGUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No .................................................................. Date ...................................................... , 19..?....~
~o ~~~.~.....~.~......~.~...
.... ~.../.~~...Z.. ....... ~ ......
...... ............
PLEASE TAKE N ,~ t at your application dated ..........
for permit to c~r~t .~...~...~..at the premises located at ...~.~.........~...~ .......
....... ~.,...~>.~.~ .......... Street 9"~~J~-"
Mop ...... .~ ...................... Block ..... ~ ................................ Lot ....... .~ .................................. is
,~,,,,~ :r~ d,sapproved on the fo,,owino orou.ds ......:...~....~..~..
.... ..:~......z.:....~.....~....~:~....~.....c...~.,...~.....¢.~...~ ........
.~..~..~...Lo.~....:....~..~.~.~/. ........ .~..~.~ ..........
Building Inspe~
TOWN OF SOUTI~OLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO.
^TE
Name of Appellan¢ Street and Number
;r.
........................................................... HEREBY APPEAL TO
Municipality State
BOARD OF APPEALS FROM THE DECISION OF THE BUILDII,JG INSPECTOR
THE TON NG
..................................... ........... ....
WHEREBY THE BUIbDING INSPECTOR DENIED TO
Xiame of Applicant for permit
of
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) To divide Existiug Lo~
1. LOCATION OF THE PROPERTY ...$/,..~.....~..~.,~...~..$...]~......~...0...~..~. ...................... :'..~.,~....~..~...~..~.E~?..~....
Street Use District on Zoning Map
............... X ........................................... 3: ................ Mattit~ck
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.)
A~tic~e 3 (Three) Section ~OO-301~1 Bulk S~hedule
3. TYPE OF APPEAL 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 ]~l]Z~has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for c special oermit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Ve'iance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
~wo) Single ~amily Residence~ fo~
benefit of my G~andchil~en.
~o~ ZB~ (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultie~ or unneces-
sar't HARDSHIP because ~ ~t.~ ~ ,- ~ ~ ~ ~ ~~ ~ ([ ~ [
2. The hardship created is UNIQUE and is not s bared by all properties alike in the ~mrnediate
vicinity of this property and in th;s' use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because; ~ ~-~.e-~-~- ~'-- ~
STATE OF NEW ~ ')
)
COUNTY OF ~/~&~z )
SS
Sworn to thi*; .............................. day of
..... ~'~... ........ :..., ............ ~. .....................
Signature
April 11, 1974
Anthony J. Sabino, Esq.
Carman, Callahan and Carman
280 Main Street
Farmingdale, N. Y. 11735
Re: Application of Howard L. Wolbert
Appeal No. 1830
Dear Mr. Sabino:
In reply to your letter of April 8, 1974 regarding
the above captioned application; each of the two
lots which were created as a result of the Action
of the Board of Appeals dated February 28, 1974
may be used for residential purposes. These newly
created lots are legal building plots and a house
may be constructed on either or both of them. The
Wolberts may construct a house on each plot.
Yours very truly,
RWG:mm Robert w. Gillispie, Jr.
Chairman
CAR}lAN, CALLAIIAN AND CARMAN
April 8, 1974
Southold Town Board of Appeals
Southold, New York 11971
Attention: R.W. Gillispie
Chairman
Re: Application of Howard L. Wolbert
Appeal No. 1830
Dear Mr. Gillispie:
I would like you to know that I am greatly pleased and
impressed at the efficiency with which your office has
replied to my request regarding the above captioned
matter.
However, I feel I must still trouble your office with one
further request. In your letter dated April 1, 1974, the
second paragraph indicates that the Board approved of the
division of property resulting in two lots. I am not
familiar with the zoning ordinances of your Township, there-
fore, I would like to know if these newly created lots are
legal building plots. In other words, can the Wolberts
construct a house on each plot?
AJS:jm
Very, truly yours, ,
Anthony J. ~ab'ino
April 1, 1974
Anthony Sabino, Esq.
280 Main Street
Farmingdale, N. Y. 11735
Dear Mr. Sabino:
In reply to your telephone call of today's date,
we are enclosing herewith corrected copy "Mill Road
instead of Hill Road" of Action of the Zoning Board
of Appeals dated February 28, 1974.
The Action of the Board approves the division
of property resulting in two lots - one lot to be
approximately 23,296 sq. ft., and the other lot to
be approximately 24,727 sq. ft. in size.
Yours very truly,
R. W. Gillispie, Jr., Chairman
RWG:mm SQuthold Town Board of Appeals