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Home My WebLink About1926 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1926 Dated June 17, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Wickham & Lark a/c Clinton Muttitt North Country Road Westhampton, New York at a meeting of the Zoning Board of Appeals on July 11, 1974 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 (X) Request for a variance to the Zoning Ordinance ( ) DATE.~.~...~, 1974 Appellant the appeal 1. SPECIAL EXCEPTION. By resol~ion of the Board it was determined that a ~ecial exception ( ) be ~an~d ( ) be denied pursuant to Artic~ .................... Sect~n .................... Subsection .................... paragra~ .................... of the ~ning Ordinance and the decision o! the Budding Inspector ( ) be reversed ( ) be co~irmed because 8:40 P.M. (E.D.S.T.), upon application of Wickham a Lark, a/c Clinton Muttitt, North Country Road, Westhampton, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 280A Town Law for permission to divide property and for-approval of access with insufficient frontage and area. Location of property: E/S Grand Avenue, Mattituck, bounded north by Rohrbach & Heuser; east by M. & P. Suter; south by Long Creek; west by Grand Avenue, Anrig, Hopek, Hanson. Fee paid $15.00. 2. VARIANCE. By resolution of the Board ~t was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because 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 distric~ 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 FORM ZB4 ~~~cDermott, Secretary After investigation ~nd inspection the Board finds that applicant requests permission to divide property and asks approval of access on property having insufficient frontage and area. The findings of the Board are that applicant is the owner of an irregularly shaped piece of property and that properties to the north and west of this property are undersized. The Planning Board of the Town of Southold has given tentative approval of the minor subdivision subject to the Board of Appeals approving access to the property and undersized lot. 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, Wickham & Lark a/c Clinton Muttitt, North Country Road, Westhampton, New York be GRANTED permission to divide property and be GRANTED approval of access on property located on the east side of Grand Avenue, Mattituck, New York, as applied for, subject to the following condition: That the Building Inspector shall approve the improvement of the right of way. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. LEGAL- NOTICE Notice of ~{earings Pursuant ~o Section 267 of the To~rn Law and the provisions o~ 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 ~own of Southoid, New York, on July 1!, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, P.E., Manor Lane, Jamesport, New York a/c Brasby's of Mattituck Manor, Main Road & New Suffolk Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 & 35A for permission to construct decorative stone wall (fence) part of which will be over 4 feet in height in front yard area Location of property: Main Road & New Suffolk Avenue, Mattituck; bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco Realty; west by Main Road. 7:55 P.M. (E.D.S.T.) upon application of Richard De Maria, 5 Swan Lane, Hauppauge, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient frontage and area. Location of property: Hiawatha north by W. Ulhorn; east by Hiawatha Path; west by J. Derosa and another. Path, Southold; bounded south by C. Boergesson; 8:05 P.M. (E.D.S.T.) upon application of Elbert E. Austin a/c William J. Eckartz, 315 Sound Avenue, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct attached garage with insufficient sideyards. Location of ~property: S/S Sound Avenue, Peconic, New York; bounded north by Sound Avenue, Lot No. 17, Peconic Shores~ Peconic, New York. !iLegal Notice - Pg. 2 8:15 P.M. (E.D.S.T.) upon application of James & Eileen Dugan, 12 Gedney Avenue, Smithtown, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling ~with insufficient sideyard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section II, Cleaves Point Sub- division, Greenport, New York. 8:30 P.M. (E.D.S.T.) upon application of Nicholas & Patricia Drossos, Main Road (~sha~.omaque), Greenport, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (A) (B) (C)for permission to erect sidewall sign. Location of property: N/W side Main Road (Arsh~momaque), Greenport; bounded east by Long Island Lighting Company; south by Main Road; west by John Drossos; north by Manor Grove Corp. 8:40 P.M. {E.D.S.T.) upon application of Wickham &--Lark a/c Clinton Muttitt, North Country Road, Westhampton, New York for a variance in accordance with the Zoning Ordinance, Article Iii, Section 100-30 & Bulk Schedule and Section 280A Town Law for permission to divide property and for approval of access with insufficient frontage and area. Location of property: E/S Grand Mattituck; bounded north by Rohrbach & Heuser; east by south by Long Creek; west by Grand Ave., ~-nrig, Avenue, M. & P. Suter; Hopek, Hanson. 8:55 P.M. (E.D.S.T.) upon application of George F. Scb~itt and Wife , 55 Marlborough Road, West Hempstead, New York for ipermission to construct accessory (storage) building in front yard area. Location of property: W/S Tr~n Path, East Marion, New York; bounded north by Sullivan & Gorga; east by Truman's Path; south by E. Foster; west by ~rion Lake. Legal Notice - Pg. 3 Any person desiring to be heard on the above Appeals should appear at the tLme and place above specified. Dated: June 27, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, July 3, 1974, AND FORWARD SEVEN (7) AFFIDAVITS OF PUBLICATION TO THE $OUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on June 27, 1974: The Suffolk Weekly Times Long Island Traveler-Mattituck Watchman Supervisor Albert M. Martocchia Gordon Ahiers a/c Brasby's of Mattituck Manor Richard De Maria Elbert Austin a/c William J. Eckartz James & Eileen Dugan Nicholas Drossos & Wf Wickh~m & Lark a/c Clinton Muttitt George Sctunitt & Wf NOTICE OF HEARINGS P~'suant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or~'uance of the Town of Seuthald, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, New York, in the Town Clerk's Office, Main Hoad, Southold, on July 11, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.), upon application of Gordon Ahlers, P.E., Manor Lane, Jamespart, New York a-c Brasby's of Mat- tituck Manor, Main Road & New Suffolk Avenue, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 34 & 35A for permission to con- struct decorative stone wall (fence) part of which will be over 4 feet in height in front yard area. Location of property: Main Road & New Suffolk Avenue, Mat- t/tuck; boanded north by New Suffolk Avenue; east by J. Wickham; south by Peteco Realtyi~ west bY Main Road. 7:55 P.M. (E.D.S.T.) Upon application of Richard DeMaria, 5 .Swan Lane, Hauppaugn, New York for a variance in ac- cordance with the Zoning Or- dinanea, Article IIL Section 100- 30 and Bulk Schedule for per- mission to divide lot with in- sufficient frontage and area. Location of property: Hiawatha Path, Southold; bounded north by W. Ulhorn; east by Hiawatha Path; south by C. Boergesson; west by J. Derosa and another. 8:05 P.M. (E.D.S.T.) upon applicatian of Elbert E. Austin a- c Williara J. Eckartz, 315 Sound Aveaue, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct at- tached garage with insufficient sideyardo. Location of property: S-S Soand Avenue, Peconic, New York; boanded north by Soand Avenue, Lot No. 17, Pecanic Shores, Peconic, New York. 8:15 P.M. (E.D.S.T.) upon application of James & Elleen Dugan, 12 Gedney Avenue, Smithinwn, New York for a variance in accordance with the Zoning Ordinance, Article IH, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient sideyard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section H, Cleaves Point Subdivision, Greenport, New York. 8:30 P.M. (E.D.S.T.) upon application of Nicholas Patricia Drosses, Main Road (Arshamomaqus), Greenpert, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Section 100- 60 C (3) (A) (B) (C) for per- mission to erect g|dewall sign. Location of property: N-W side Main Road (Arshamomaque), Groenport; bounded east by Long Island Lighting Company; south by Main Road; west by John Drossus; north by Manor Groove 8:40 P.M. (E.D.S.T.) upon application of Wickham & Lark a- c Clinton Muttitt, North Country Road, Westhampton, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 280A Town Law for perm'~msian to divide property and for approval of access with insufficient frontage and area. Location of property: E-S Grand Avenue, Mattituck; bounded north by Rohrbach & Heuser; east by M. & P. Surer; south by Long Creak; west by Grand Ave., Anrig, Hopek, Hanson. ~ 8:55 P.M. (E.D.S.T.) upon app. licatinn of George F. Schmitt COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: J Stuart C. Dorman ...................... being duly Sworn. says that ....h.e.. is Printer and Publishe~ of the SUFFOLK WEEKLY TIMES, a newspaper published ut Greenport, in said county; and t~at the notic~o of which the mmexed is a printed copy. has been published in the su/d Suffolk Weekly Times once in eoch week, ~or one (1) . weeks succ~ssiwly commencing on lhe .............. ~.t..h ........ day of ..... ~.. ~ .~X ~,~~]~ ~.~.. ana Wife, 55 Marlborough Pwad 'O before me this ~h. West Hempstead, New York for' ' ..... permission to construct ac-. cessory (storage) building in front yard area. Location of property: W-S Truman Path, East Marion, New York; bounded north by Sullivan & Gorga; east by Truman's Path; south by E. Foster; west by Marion Lake. Any person desiring to be heard on the' above Appeals should appear at the time and place above specified. Dated: June 27, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS No. 52-9366335 Qualified in Suffolk Coun~ ~ Commi~ion Expires March 30, l~.,~ · Pursuant to Section 267 of the Town Law and the proyisions of the Amended Building Zone 'Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held, at the Town Office, Main Road, Southotd, New York by the Zoning Board of Appeais of the Town of Southold, New York, on July 11, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, P.E., Manor Lane, Jamesport, , New York a/c Brasby's of Mattituck Manor, Main Road & New Suffoik Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 & 35A for permission to construct decorative stone wall (fence) part of which will be over 4 feet in height in front yard area. Location of property: Main Road & Hew Suffolk Avenue, Matti-' tuck; boUnded north by New Suffolk Avenue; east by J. Wickham; south by Pcteco~ Realty; west by Main Road. 7:55 P.M. (E.D.S.T.) upon application of Richard De Maria, 5 Swan Lane, Hauppauge, New York for a variance in accordance with the Zoning Ordinance. Article IlL Section 100-30 and Bulk Schedule for permission to divide lot with insufficient front- age and area. Location of property: Hiawatha Path, South- .old; bounded north by W Ulhorn; east by Hiawatha Path; south by C. Boergesson; west by J. Derosa and another. 8:05 P.M. (E.D.S.T.) upon application of Elbcrt E. Austin a/c William J. Eckartz, 315 Sound Avenue, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article I11, Section 100-30 and Bulk Schedule for permission to construct attached garage with insufficient sideyards. Location of property: S/S Sound Avenue, Peconic, New York; bounded north by Sound Avenue, Lot No. 17, Peconic Shores, Peconic, New York. 8:15 P.M. (E.D.S.T.) upon application of James & Eileen Dugan, 12 Gedney Avenue, Smithtown, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side- yard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section Il, Cleaves Point Subdivision, Greenport, New York. 8:30 P.M. (E.D.S.T.) upon application of Nicholas & Patricia Drossos, Main Road (Arshamo- maque), Greenport, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (3) (A) (B) (C) for permission to erect sidewall sign. Location of property: N/W side Main Road (Arshamomaque), Greenport; bounded east by Long Island Lighting Company; south by Main Road; west by John Drossos; north by Manor Grove Carp· -- -- 8:40 P.M.V(E.D.S.T.) upo~ application of Wickham & Larl a/c Clinton Muttltt, North Coun try Road, Westhampton, New York for a variance in accordance with the Zoning Ordinance Article 111, Section 100-30 & Bull Schedule and Section 280A Tow~ Law for permission to divid~ property and for approval o access with insufficient frontage and area. Location of property: E/S Grand Avenue, Mattituck bounded north by Rohrbach Heuser; east by M. & P. Suter south by Long Creek; west by Grand Ave., Anrig, Hopek, Hanson. ~_ 8:55 P.M. (E.D.S.T.) upon application of George F. Schmitt and Wife, 55 Marlborough Road, West Hempstead, New York for permission to construct accessory (storage) building in front yard area. Location of property: W/S Truman Path, East Marion, New York; bounded north by Sullivan 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 - MATTITUCK 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 punished in said Long Island Zraveler-Mattituck Watch- man once each week for ..... C,.,..~.~..% ...... M.;...; ...... weeks' successively, commencing on the .............. , ......................... day of Sworn to before me this 'b' day of , ~,. 19.;..~L.. ) ~ot .q.ty P~l~le / / TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE Nome of Appellant Street and Number Westkampton New ~ork ............................ HEREBY APPEAL TO Municipality State as W,~ecu¢or o£ the ~:state o£ Newell Mo ~uttitt, d~ eased THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILE~ING INSPECTOR ON APPLICATION FOR ~ERMIT NO ..................................... DATED ........ WHEREBY THE BUILDING INSPECTOR DENIED TO ~he ]]state o£ ~ewell PI. (~) ( ) ( ) Mu%tiff -- . Nome of ADplicant forpermit of c/o Wid~2iam & Lark, P.0. ........................................................................ attit .. .... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...~.a..s..~ ~.~.e..".~.~..a~`...~;.~.~.`e..`~..~.~.e..~...~A~.t...i.~..~..q~:~.~..~..~rk Street Use District on Zoning Map "A" tlesidential an~ Agricultural Mop No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- s~t~?~ and Parggraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) ~ectio~ '~owm haw am& irticIe III Sec%ion 100-50 and Bulk Schedule 3. TYPE OF APPEAL Appeal is mode herewith for (:x) A 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 previous appec (J¢¢~ (has not) been mode 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 ...................................................................... (~) A Variance to Section 280A Subsection 3 /'~/ "~~? ' '~ (~) A Variance to the Zoning Ordinance [ x.,4~/~,!/ ) is requested~'eth~srg~:Ct~ tiff applicam~ishes to--he property o£ the land o£/Newell ~.,~utti~t c~o~isting o£ 2,802 acres, ~n accordance with the subdivismom ~~?.to. The ~lan~img Board o£ the ~.ow~, o£ SQuthold has ~ given tentative approval o£ ~he minor sub- mmvmsion, subjec~ to the Board o£ Appeals approving access to the property a~d the u~dersized lot. l*onn ZB! (Continue on other side) REASON FOR APPF-~qL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- san/ HARDSHIP because the irregular shape 02 the propervy and its tom- tour make it impossible to subdivide the propervy in any other way. 2. The haMshipcreatedis UNIQUEond isnotshared by all properties alike in the immediate vicinity ofthisproperty and in this use district beca:use all the propert±es North an~ West 02 the ~uttitt property predate acre zoning reg- ula¢ioms and are undersized by today's requiremem%s. 3. The Variance would obsess the spirit of the O~inonce an~ WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the sub~±vi~io~ o~t parcel~ Ze~er th~b~ an~ 02 the 9ropert±es ~o t~e ~es~ cz to the North of the Muttit~ propsrvy. STATE OF NEW YORK ) SS COUNTY OF S1]~0Z~ ) Signature : C1J_Z~i~om ~. Muttitt Sworn to ~his j~. 7'~J · i day of.., .......... ~..-~,...~.. ........ :....:....~.:.~.,[.. ,~ ~ FORi~ N~. 3 TOWN OF SGUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL~........._T~.......~Z' File No .................................................................. Date ............ · o ~.~....~....~.~..~.. ............. .~[....~.. ....... ~~-~~ .... . .~.....~..~.~.~ ........................... PLEASE TAKE ~NOTICE that your application dated .......... ~ ...... !.....~........., lg...~....c./' fore_permit to ¢~.~s,r~ct .~...~.....~....:~....~..at ~,e premises Igcated at ..... ,.~. ....... .: ................................... ' ~ .......... S' treet Map ........ ...~.....~ ............. B~oe~ ....... ...~.....:~ ................... Lot ..... ~.......~.... .......................... rctuzncd hcrcwith and disa~pproved on the following ground.s .....~.,.~......,~..~..~.~...~......~..~'~ ...~.~ ....... '.~.~..~..~..~...~.~.:...~ ............. ...................... ~...~...i~.~....~.~...~., .......................... BuiJding Inspector / WlCKHAM & LARK, P.C, MATTITUCK, LONG ISLAND NEW YORK 11952 MESSAGE REPLY Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Application of Clinton F. Muttitt as Executor Gentlemen: I enclose application for the Estate of Newell M. Muttitt, deceased, together with the firm check to the ~own of Southold~ in the sum of ~1~.00. W~:ibk ~ncs. jennie T. Heuser william De.chuk AreO =27145 sq. f! Right of WoY' KnOWn LO LOt 58 Hopek woller ~" ....'~hanne~ R. Hanse~ .-. Lot 2A Aroo = 4..°751 sq. 40153 sq. ft. NOTE YOUNG & YOUNG 4130 OSTRANDEE AVENUE, RIVERHE^D, NEW YORK ALDEN W* YOUNG HOWARD W, YOUNG SURVEY FOR: ESTATE of NEWELL M,MUTTITT MATTITUCK SOU"EHOLD SUFFOLK CO,, N.Y. SCALE: iii 50' DATE: JULY:51