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Home My WebLink About1707{\ TO~VN OF 80UTHOLD~ NEW YOI~K ACTION OF THE ZONinG BOARD OF APPEALS Appeal No. 1707 Dated November 20, 1972 ACTION OF THE ZONING BOARD OF APPEALS O1~ THE TOWN OF SOUTHOLD To Adolph Breitenbach, Jr. a/c John Loper Main Road S¢hool House Lane Aquebogue, N.Y. Mattituck, N. Y. January 25, 1973 DATE ....................... AppeLant at a meeting of the Zoning Board of Appeals on January 25, 1973 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Re'quest 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 granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed becanse 7: 30 P.M. (B. S.T. ), upon application of Adolph Breitenbach, Jr., Main Road, Acluebogue, New York, a/c John Loper, School House Lane, Mattltuck, New York, for a variance in accordance with the Zoning Ordnance, Article III, Section 300 C,.2, for permission to put a swimming pool and fence in side yard area. Location of property: South side of Pike Street, Mattituck~ N. Y.~ bounded and described as follows: north by Pike Street; east by Hudson/Tuthill; south by Brown/Waldvogel; west by Maple Avenue. 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 or unnecessary SEB REVBRSB (b) The hardship created (is) (is not) unique and (would) (would not) be shared by aH properties alike in the immediate vicinity of this property and in the same use district because SEE RBVBRSB (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE RBVBRSB and therefore, it was further determined that the requested variance ( ) be granted ( ) be d~nied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS Marjor'ie McDermott, Secretary After investigation a~d inspection the Board finds that applicant requests permlss£on to put a swimming pool and fence in side yard area on premises located on the south side of Pike Street, Mattltuck~ New York. The Board finds that the pool would be set hack 41 feet from Maple Avenue paralleling the setback of the main house from Maple Avenue, and that the legal hackyard is unavailable for the purpose of locating a pool because of cesspools. 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 nelghborhood~ and will observe the spirit of the Ordinance. THrcRBFOKE IT WAS RESOLVED Adolph Breitenbach, Jr., Main Road, Aquebogue,' New Fork a/c John Loper~ School House Lane~ Mattituck, New York be GRAN'r~D permission to put a swimming pool and fence in side yard area of premises located on the south side of Pike Street, Mattituck, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. LEGAL NOTICE 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 Southold, at the Town Office, Main Road, Southold, New York, on January 25, 1973, on the following appeals: 7:30 p.m., E.S.T., upon application of Adolph Breitenbach, Jr., Main Road, Aquebogue, N.Y., a/c John Loper, School House Lane, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C-2, for permission ~o put a swimming pool and fence in side yard area. Location of property: South side of Pike Street, Mattituck, N.Y., bounded and described as follows: north by Pike Street; east by Hudson/ Tuthill; south by Browne/Waldvogel; west by Maple Avenue. 7:40 p.m., E.S.T., upon application of Ethel E. Wortis, South Harbor Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-l, for permission to make two family dwelling out of existing dwelling. Location of property: west side of South Harbor Road, Southold, bounded and described as follows: north by Stankewicz and Morton; east by South Harbor Road and others; south by Richmond Creek; west by Richmond Creek. 7:50 p.m., E.$.T., upon application of Terry S. Triades, 164-01 32nd Avenue, Flushing, New York, a/c Istepan Minakyan and Semun Bedikoglu, for a variance in accordance with the Zoning Ordinance, Arti~!e II!, Section 301, for permission to sell lot with le~s than required width. Location of property: north side of Sound View Avenue, Mattituck, Minor SubdiviSion ~44, Lot 92, bounded and described as follows: north by Long ISland Sound; Legal Notice Page 2 south by Other land of applicant; south by Sound View Avenue; west by other land of applicant. 8:00 p.m., E.S.T., upon application of William Manning, 1507 South 7th Street, Aberdeen, South Dakota, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property with less than required area and frontage. Location of property: west side of Beebe Drive, Cutchogue, New York, bounded and described as follows: north by J. Hataier and wife; east by Beebe Drive; south by J.T. Beebe; west by Eugenes Creek. 8:10 p.m., E.S.T., on motion of Board of Appeals to reconvene hearing on Application 984, George G. Wetmore, Island View Lane, Greenport, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, C-6, d and f, for permission to maintain ground sign on premises located west side of Main Road, Greenport, bounded and described as follows: north by Albertson Lane; east by Main Road; south and west by A. Cassidy and others. 8:20 p.m., E.S.T., upon application of Joseph Frohnhoefer, Main Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 701 and Bulk Schedule for permission to build addition to store with insufficient setback and side yard. Location of property: south side of Main Road, Southold, New York, bounded and described as follows: north by Main Road; east by Southold Oil Co. and others; south by C. Turner; west by D. Rothman. Legal Notice Page 3 ,~8:30 p.m~.., E.S.T., upon application of Charles A. Gagen, Pine Neck Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Iii, Section 301, for permission to set off lots with less than required area and frontage. Location of property: south side of Clearview Avenue, Southold, New York, bounded north by Clearview Avenue; east by Gagen's Landing Road; south by John Gagen; and west by Schoof 8:40 p.m., E.S.T., upon application of Theodore and Jacquline Bittner, Soundview Avenue, Southold, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-12, for permission to amend his special exception to build an enclosed riding and training ring in a building to be located north of the present riding ring. Location of property: south side of Sound View Avenue, Southold, N.Y., bounded north by Sound View Avenue; east by Booth and Lebroski; south by County Road 27 (Middle Road); west by S. Sepenoski Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: January 12, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JANUARY 18, 1973, AND FORWARD EIGHT (8) AFFIDAVITS OF PUBLICATION TO THE $OUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Legal Notice Page 4 Cop~es mailed to the following on January 12, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Times Adolph Breitenbach Ethel E. Wortis Terry S. Triades Rensselaer,G. Terry, Esq., arty for Charles A. Gagen Theodore and Jacquline Bittner William Manning Joseph Frohnhoefer George G. Wetmore NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of thc Town of Southold. Suffolk County, New York. hearina will be held by the lng Board of Appeals of Southold. at the Town Office. Main Road, Southold. New York.~ on January 25, 1973, on the [owing appeals: 7:30 P. M. EST. upon ~aiion of Adolph Breitenbach. Jr.~ Main Road, Aquebogue, N. a~c John Loper, School Lane. Mattituck. New York, a variance in accm'dance with the Zoning Ordinance. Article III. Section 300 C-2, roi' pern~.is? frontage. Locahtion of property west side of B e Drive. Cut- chogue. New York. unded and Drive; south by J. T. Beebe: west by ~ugenes Creek. "% 8:10 P. ardot Appeals to reeonvene ~rlng on Application No. 84, ~orge O. Wetmore, Island View e, Oreenport, New York. for ~'ml~cial exception in accordance h the Zoning Ordinanco. Ar- ~helII ~ection 300. C-6, d an 1 for permission to maintain sign on premises located side of Main Road. Green- bounded and described as north by Albertson Lane: by Main Road: south and A. Cassidy and others. .8:20 P. M., EST, upon appli- of Joseph Frohnhoefer, Road, Southold. New York, r a variance in accordance with fence in side yard area. Loeatio .ule for pel'mi.,.sion to build addi- Street. Mattituck. N. Y., bounde ' to store with insufficient set- . ~ k and side yard. Locat!on of and described ns tallows: nor~l~ropertv, south side of Main bv Browne ;Wald . ad, Southold, New Ym'k. ,,,~111~101 nded and described as follows: Etlml E. ~I~ o Oil CO and others; ne~ ~ ~othman. with the Zoning Ordinance. Ar~,~ italian of Charles A. Oagen, Pine Location of property: west side South Harbor Road. bounded and described as nm'th by Stankewicz an~ east by South Harbor Road Creek: 'aest by Richmond 7:50 P M, ~ST unon mun Bediko-~lu. fro' a varianc for oetmissio~ to soil lot V'~w Avenue Mattituck, Zoning Ordinance, Article Section 301. for permission set off lots with less than re- of property: south side of Avenue. Southold, New bounded north by Clear- ending Road; south by John west by School. 8:40 P. M., EST. upon appli- of Theodore and Jacqu- Bittner, Soundview Avenue. l ~o~utho]d. fol' a special exception accordance with the Zoning his special exception to an enclosed riding and north of the presenr~ rid- of Sound View Avenue. ~uthold, N. Y.. bounded nm'th and Lebroski; south by Road 27 (Middle Road~: S. Sepenoski. the above applications ;hould at the time and place BY ORDER O1~ THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORKt ss: C. Whitney Booth, Jr., being duly sworn, that he is the Editor, o~ THE LONG ISI TRAVELER - MA'CFITUCK WATCHMAN, a public paper printed at Southold, in Suffolk County; and the notice of which the annexed is a printed copy, has published in said Long Island Troveler-Mattituck man once each week for '"~)~'~',.....~- ./.Z ....... ' successively, commencing on the ............. ff..~.. .......... day of ........ ~..~.~,~_~., .......... C :;- ...................... ......... Sworn to before me this ....... Z..~.. ......... ...... .......... ,, NOTICE OF HEARINGS Pursuant to Section 267 of tie Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Seuthotd, 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 January 25, 1973, on the following appeals: ~ ' 7:30 p.m., E.S.T., upon ap- plication of Adolph Breitenbach, Jr., Main Road, Aquebogue, N.Y., a-c John Loper, School House Lane, Mattituck, Now York, for a variance in ac- cordunce with the Zoning Or- dinance, Article III, Section 300 C-2, for permission to put a swimming pool and fence in side ~ard area. Location of property: south side of Pike Street, Mat- :tituck, N.Y., bounded and described as follows: north by Pike Street; east by Hudson- Tuthill; south by Browne- Waldvogel; west by Maple Avenue. ~ 7:40 p.m., E.S.T., upon ap- plication of Ethel E. Wortls, South Harbor Road, Seuthold, New York, for a special exception in accordance with the Zoning Ordinance, Article III, Section 300, B-l, for permission to make two family dwelling out of existing dwelling. Location of property: west side Of South Harbor Road, Seuthold, bounded and described as follows: north by Stankewicz and Morton; east by South Harbor Road and COUNTT OF SUFFOLK, STATE OF NEW YORK, ~ ss: ........ S.~.~t..~.~..C.,...D~ .rm~..~ ........... being duly Sworn, s~s ~at ...h~.. is Printer and Publisher of ~e SUFFOLK ~KLY TIMES, a newsier pub~h~ ~ G~n~rt, in s~d count; and ~ ~e noti~, of whi~ ~e anne~ ~ u print~ ~py, ~s ~en publish~ in ~e ~ Suf~lk W~k~ Times once ~ each w~ ~ ....... O~e ................ w~ ~c~iv~l~ ~m~.c~g on ~e ... ~~ .......... d~ of ..... J~~. _~ ~ ~:..~~.~ ..... ':~..~.:.~.~ ....... Sw~ to ~ime me ~is ...~ ..... d~ of .... ~,~,..,~...j~.. ~ "-, i ~1_;-'. ~ <- ~,, ~.~ ~.~ ~.- 1,ir. ~,~olph Lreiten~ach Jr ]~.i., . Enclosed is Board a?~roval for the Loper You can pick u.~~ thc per.~it any time now. fours truly Lui].~in~ inslector swim:~ing ~ool. FO~.M NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date S E NOT CE that your opp cat on dated ......................... , 19 C-~ /~J~,,._ ~, ' '~ .............. for/per/nit to construcf~ ~ .~. . ........... at the ?remises located at -'~ .f, .¢' ? .- / .r ;/'"': ........~ ......................... ................................................. ; ................. Street !/'"f ¢/'~/" ' Map ........................................ Block ........................................ Lot ....................... ~ ....................... is re'~rrrea herew tin and d sa proved on the fol ow n rounds ~O-~b-~ g g ...~.....;.~ ..................................... Building Inspector / TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR · TO THE ZONING BOARD OF APF~EALS, TOWN OF SOUTHOLD, N. Y. 1, ("W~) ~.~.~. ~..~~...,~..' ~ ' ....... ~ of ..... ~,~f~.<'~..~~ ............................... -'~ ~[Name of Appella,nt ~,~ Street and Number , ................. HEREBY APPEAL TO ~~ -' ~/~'~i~i'~ ;i i;~' ........ ~ .............. State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING I~.SPECTOR ON APPLICATION FOR PERMIT NO... .....................................DATED ........:,....., ~ ~.., ...... :. ....., .....~ ..... . .......... WHEREBY THE BUILDING INSPECTOR DENIED TO . ,/~ .'} . ,~ .. ~z,-:'..--,~z..~x~,... ~..%~..;..~,~...::. ~...'~.~ ....... ~'.~.....*....y~,, ..... f ~ __ ~ ,~Na, me o~ Applicant for pe~nit 6/ ..... ,~ o, ......... ....... Municipality · ' ~¥reet arid Number State ) PERMIT TO USE ) PERMIT FOR~OCCU,~ANC'¢ , 1. LOCATION OF THE PROPERTY ....... /v~ap No. Lot No. ~ PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sect~n(~j~.~and -~'7C-Porog~' of ~the~.,.~/~ Zoning~..~ -Ordinance by ~~/x,.~number' D~c~ot quote~,~c~.the Ordinance.)~ ~-~; 3. TYPE OF APPEAL Appeal is made herewith for (~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) 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 (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requeSted for the reason that ~ . __ .,-~J~ ~ ,~_ ,, Form ZB1 ~' (Conffmu~ o~er side) REASCN FOR APPEAL Con t inued .sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate v~cinity of this property and in this use district because ~'-~,. ,~, ~ , . :",~, ~:,: · CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK SS COUNTY OF. ,SwOrn to this .............................................. day of,. ........................... · ....... i ............ :... '19 Signature Notary Public PiKE SCHOOL HOUSE LAN E ,/ dOHH SCALE ~ STO BY