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Home My WebLink About1845 TOWN OF $OUTHOLD, NEW yOI~K ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1845 Dated September 24, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Freddie Lawson Sound Avenue Mattituck~ New York Appellant at a meeting of the Zoning Board of Appeals on October 11, 1973 was consider~i and the action indicated below was taken on your ( ) Bequest 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 ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be /ranted ( ) be denied pursuant to Article .................... Section .................... Subsection ....................paragraph .................... of the Zoding Ordinance and the decision of the Building Inspector (') be revm'sed ( ) be confirmed because 9:20 P.M. (E.S.T.), upon application of Freddie Lawson, Sound Avenue, Matt~tuck, New York for a variance in accordance with the Zoning Ordinance, Article III,~ Section 301 and Bulk Schedule for permiss.ion to set off lot with less than ~equired a~ea. Location of property: Oak Place and Walnut Avenue, Mattituck, bounded north by Ruthinowski; south by the Long Island Railroad; west by Oak Place. 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 di/ficulties 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 /ranted ( ) be denied and that the previous decisions of the Bufldin4~ Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 After investigation and inspection the Board finds that applicant requests permission to set off lot with leas than required area at Oak Place and Walnut Avenue, Mattituck. The findings of the Board~are that this division of land will result in two lots; one will be in excess of requirements, and the other will be about 18,000 sq. ft.~ which will be larger than most surrounding plots in the area. 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 in~ediate 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, Freddie ~awson, Sound Avenue, Mattituck, New York, be GRANTED permission t~ set off lot with less t~anrequired area at Oak Place and Walnut Avenue, as applied for. Vote of the Board: Grigonis, Doyen. Ayes:- Messrs: Gillispie, Bergen, Hulse, LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the To~n 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 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 301 and Bulk Schedule for permission to build new one family dwellings with insufficient setbacks. Location of 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 S'mffolk Avenue; east by Case; south by Peconic Bay; west by Lockwood. Legal notice Page 2 8:~0 P.M. ( E.D.S.T.)~ upon application of Kenneth Ketcham~ Main Road~ East Marion~ Mew York for a variance in accordance with the Zoning 0rdinance~ Article III~ Section ~OOC-~a for permission to store and work on private boat over 30' in length in an "A" 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:~0 P.M. ( E.D.S.T.)~ upon application of Robert Eolyer~ 208 Christian Avenue~ Stony Brook~ New York for a variance in accordance with the Zoning Ordinance~ Article Iii~ Section ~O1 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 Roadl 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 0rdinance~ Article III~ Section 3OOB-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 Sounds east by Terry and Lomas$ south by right of ways west by Stephenson Beach Inc. and old Main Road. Legal notice 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. LOcation of property: Oak Place and Walnut Avenue~ Mattituck~ bounded north by RuthinowskiS south by the Long Island Railroadl 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 Ordinance~ 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~ Dogwood 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 StreetS 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 28, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Legal notice Page 4 PLEASE PUBLISH ONCE~ O~tober 4~ 1973~ AND FORWARD TEN (10) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ MAIN ROAD~ SOUTHOLD~ NEW YORK. Copies mailed to the following on September 28~ 1973: The Long Island Trave!er-Mattituck Watchman The Suffolk Weekly Times Rudolph Bruer A/C Lucile Mosback Eugene Mazzaferro Gary 01sen A/C Clarice Blackburn Kenneth Ketcham Robert Kolyer Armond Bartos~ Jr. Donald A. Stephenson Wickham & Lark A/C Freddie Lawson William Serrell Irving Price A/C John Dinizio NOTICE OF HEARINGS Pursuant to ~ection 26? of the Town Law and the provision~ of the Amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, pub- lic hearings will be held by the Zoning Board o! 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. (EDST). upon ap- plication of Luclle Mosback, Rose Hill, North Carolina, for ,~ var- iance 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 le~ 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. 8:15 P. M. (EDSTh upon ap- plication of Eugene Mazzaferro. 215 Oak ,Street, Oreenport, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to build new one family dwellings with insufficient setbacks. Location of property: Lot No. 2, Oreenport Drive-in Park, Brown and NtoCh Streets, Greenport, New York. 8:25 P. M. (EDST), upon ap- plication of Clarice Blackburn. New Suffolk Avenue, Cutcho~ue, 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 souttl side of New Suffolk Avenue, Cut- chogue bounded north by New Suffolk Avenue; east by Case: south by Peconic Bay: west Lockwood. 8:40 P. M. (EDSTL apeIl ap- plication of Kenneth Ketcham, Main Road. East: Marw~! New Yor~for a variance in accord- anc~?Wl~h the Zoning Ordinance. Ii,title IIL Section 300C-4a for permission to store and work on private boat over 30' in length in an "A' District. Locaticn of property; north side Main Road, East Marion bounded north by Schrader & Wallace; ~ast by Preston; south by Main Road; west by S. Boken & right of way. 8:50 P, M. (EDST), upon ap- plication 9I Robel't Kolyer, 208 Christian Avenue. Stony Brook, New York for a variance in cordance with the Zoning Ordi- nance, Article IlL Section 301 and Bulk Schedule for permission to divide property into two lots with less than required width. Location of property: south side Bayvlew Road, Southold bound- ed north by Bayview Road; east by La Rocca, Marinl, Blakeman & others; south by Corey Creek, Gozzola: west bv Schrocder. 9:00 P. M. (EDST), upon plicatlon of Armond Bartos, Jr., Pti- Road, East Marion, New Ym .or a variance in accord- ance with the Town Law, Section 28OA for/ approval of access. Location of property: north side Main Road, East Marion on right of way bounded east by Cowan and others, west by R. Long; bounded north by De Nicola; east by right of way; south by I. C. Latham; west hy George Cook and others. 9:10 P. M. (EDST), upon ap- plication of Donald A. Stephen~ son, Main Road, Orient, New York for a special exception in accordance with the Zoning Or- divance, Article III, Section 300B-1 for permission to alter existing building to a 2 Itwo) family occupancy. Location of property: off north side Main Road, Orient on right of way bounded east by Seolielo, west by Burnham; bounded north by Long Island Sound; east by Terry and Lomas; south by right of way; west by Stephonson Beach, Inc. and old Main Road. 9:20 P. M. (EDST), upon plication of 1=reddie Lawson, Sound Avenue, Mattituck, New York for a variance in accord- ance with th~ Zoning Ordinance, Article HI, Section 301 and Bulk Schedule for permission to ~et off lot with le~s than required are~. Location o! property: Oak Place and Walnut Avenue, Mat- tituck, bounded north by Ruth- inowskl; south by Long Island Railroad; west by Oak Place. 9:30 P. M. (EDST), upon ap- plication of William Serrell, Dog- wood Lane, Dardiner's Bay Estates, East Marion, New York 1or a varlanve in aecordanoa 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. 99 and 96, Gardtner's Bay Estates, Dogwood Lane, East Marion, New York. 9:40 P. M. (EDST), upon ap- plication of John Dinizio, 624 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 required area. Location of property: south side of Brown Street, Greenpert, 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 specffied. Dated: September 2g, 19~/3 BY ORDER O1~ THE SOu'r~OLD TOWN ROARD OF APPEALS Dated: September 28, 1972 ' SUFFOLK } ~IE'W YORK ss: Whitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND MA~-I'ITUCK WATCHMAN, o public news- d at Southold, in Suffolk County; and that which the annexed is a printed copy, has been said Long Island Traveler-Mattituck Watch- week for we. commenc ng on the ............. ~~ ..................... ..... ,~rn to before me this ........... ~ ......... day o{ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southuld, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southuld, at the Town Office, Main Road, Southold, New York, on October 11, 1973, on LEGAL NOTICE the following appeals: 8:00 P.M. (E.D.S.T.), upon , application of Lucile Mosback, 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 arco. Location of property: south side Main Road, East Marion, bmmded north by Main Road, Humes and others; cost by William Park and others; south by Gardiners Bay; west by Parker. 8:15 P.M. (E.D.S.T.), upon application of Eugene Maz- zaferro, 215 Oak Street, Green- pert, 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, Grcenport Drivein Park, Brown and Ninth Streets, Greenport, New York. 8:25 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 2~0 A for approval of access. Location of property: private right of way off south side of New Suffolk Avenue, Cut- chogue bounded north by New Suffolk Avenue; east by Case; south by Peconic Bay; west by 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 in store and work on private boat over 30' in length in an "A" District. Location of property: north side Main Road, East Marion bounded north by Schrader and Wallace; cost by Preston; south by Main Road; west by S. Boken and right of way. 8:50 P.M. (E.D.S.T.): upon application of Robert Kolyer, 208 Christian Avenue, Stony Brook, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for per- mission 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 and others; south by Corey Creek, Gozsola; west by Schreeder, Darnull. 9:~0 P.M. (E.D.S.T.), Vpon applinatien of Armand Bartos, Jr., Private Road, Eas~t Marion, New York for a variance in ac- cordance with the Town Law, Section 2~0 A for approval of access. Location of property: north side Main Road, East Marion an right of way beunded east by F. Cowan and others,~ west by R. Long; bounded north by De Nicola; cost by right of way; south by LC. Latham; west by George Cook and others. 9:10 P.M. (E.D.S.T.), upon application of Donald A. Stephenson, Main Road, Orient, New York for a special exception in aceardance with the Zoning Ordinance, 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 bovaded cost by Sculielo, west by Burnham; beanded north by 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 )roperty: Oak Place and Walnut Avenue, Mattituck, bounded north by Ruthinowski; south by the Long Island Railread_; w~tj by Oak Place. 9:30 P.M. (E.D.S.T.), u~,n application of William Serreu, Dogwood Lane, Gardiner~s BaY Estates, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section ]01 and Bulk Schedule for permission to build an addition LEGAL NOTICE .Long ISland Soond; east by Terry and Lomas; south by right of way; west by Stephenson Beach . Inc. and Old Main Road. ~ with reduced side yard. Loc~t~6n' 9:20 P.M. (E.D.S.T.), upon · of propert,Y.: Lots lqo. 95 an , aPplication of Freddie Law,n, ~ Gardiner s Bay~ · El~taar~eo~, Soand Avenue, Matfituck, New ~ Dogwood Lane, ~asL ,,. , ~ York for a variance in ac- New York. . 9fl0 P.M. (E.D.S.T.), upon application of John Diuizio, 624 Main Street, Gree~port, New York for a ~ariance in ac~ cordance with the Zoning Or- dinance, Article IH, Section .301 and Bulk Schedule for permmmon to set off lot with less than required area: Location of property: south side of Brown Street, Greanpert, bounded north by Brown Street; east by A. Dinizio; south by Tully and Braan; west by Pipes Cove Corporation. Any porsen desiring to beheard on the above applications should appear at the time and place".~ abeve specified. Dated: September 28, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK. ~ ss: Stuart C. Dorman says that . ~a.~.... is Printer ~nd P~ WEEKLY TIMES, a newspaper publi: county; and ~at the noti~, of whicl ~py, ~s ~en published on~ in each w~ t~ ...... suc~sively ~mmencing on ~e .: S~ to ~i~e me this ... ~}~.~. day ....... ' ....... ~ Commission Expires TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Freddie O. Lawson Name of ApPellant S~reet and Number Mattituck N.~..w....Y...o..r...k. .......... HEREBY APPEAL TO MUnicipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ' DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Freddie O. Lawson .... ........................................ Name of Applicant for permit of Sound Avenue Hattituck ( ) ( ) New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (x) Permit to Divide Property 1. LOCATION OF THE PROPERTY ....~.~.Jf...o...z~.....~..~...e.~,e. ................................ I~.?..~.~. ......................... Street Use District on Zoning Map Mop 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 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map (x) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal f~0t~ (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 ...................................................................... REASON FOR APPEAL (x) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that appliasz~ts are ao~traat vendees and in order to make the transaction worthwhile, it will be necessary to di-cide the 1.792G acre oddly shaped parcel into two parts, so that one parcel might be sold. A map of the property with the p.ropgsed.. division is attached hereto. Access to the proposed invermor zow would be by way of the two private roads currently in use, Oak Place and Walnut Avenue. ~orm z~ (Continue on other side) REASON FOR APPEAL COntinued I. STRICT APPLICATION OF THE ORDINANCE would pr~uce pmctica~difficulti~ orunn~es- sa~ HARDSH~Pb~ou~ the parcel is large ±n area and of unusual shape. As shown on attached map, the private roads known as Walnut Avenue and Oak Place are located in such a way that said parcel's eastern portion is almost cut off from the western portion, thereby great- ly diminishing the value ~nd usefulness of the property as it now exists. Due to the characteristics of the neighborhood, and to the size and shape of the property, the property would be more suit- able for residential use if the proposed division were allowed. 2. The hardshi~createdis UNIQUEandisnotshared by all prope~ies alike in the immediate vicinity Ofthispropertyand in this use district because this parcel is the o~ly parcel in the area which presents a problem if not divided. Other parcels in the area are small and of regular shape thereby presenting no such need 'to divide. 3. The Variance would obse~e the ~irit ofthe O~inance and WOULD NOT CHANGE THE CHARACTER oF THE DISTRICT b~au~ the d±strict fronts the Long Island Railroad. Most houses in the area, more particularly bordering the aforementioned right of way, are old and are on undersized lots. Division of the property would certainly not change the character of the district; rather the division would conform the premises with the general pattern in the area. STATE OF NEW YORK ) ) ss COUNTY OF ) Signature Sworn to this day of ........................................................ 19 TUT-NOTE WlCKHAM & LARK ,P.O. TO: Board of Appeals Town of Southold Southold, New York 11971 L Re: Freddie O. Lawson Gentlemen: Enclosed please find herewith chec] in the amount of $15.00 fee due for application of a variance for Freddie O. Lawson and Namie A. Lawson. Very truly yours, Wickham & Lark, p.co 'Lawrence G. l~e' ~c e~c1. LCR:gar SIGNED DATE: 10-~-73 SIGNED DATE: __ T~'L. TOWN OF SOUTHOLD I-IFFIOE nF BUILDING INSPEOTOR TOWN OLERK'S I-IFFIDE SOLITHOLD, N. Y. 11971 f WlCKHANI & LARK, PoCo September 2~ 1973 Board of Appeals Town of Southold Southold, New York 11971 Gentlemen: Enclosed is an application of Freddie O. Lawson and Mamie A. Lawson for an appeal for a variance. It is our understanding that this matter will be taken up at the next Board of Appeals Meeting. LCR:bd Enclosure Very cordially yours, Lawrence C. Re /,5, z?~ i