HomeMy WebLinkAbout1673
TOWN OF SOUTHOLD, NEW YORK DATE ..OQt...12., 1972
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1673 Dated September 21, 1972
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Edna Bennett Appellant
Rocky Point Road
East Marion, Now York
at a meeting of the Zoning Board of Appeals on October 12, 1972 the appeal
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
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 because 7:45 P.M. (E.S.T. ), upon application of Edna Bennett,
Rooky Point Road, East Marion, Now York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 301
and Section 280A of the Town Law for permission to divide property
with less than 40,000 sq. ft.lots and approval of access. Location
of property: Right of way, west side of Rocky Point Road, East
Marion, Now York, bounded north by E. Bennett; east by right of
way and Raymond; south by Osgood; and west by F. Rosenberg. 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 difficulties or unnecessary
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 district because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not)
change the character of the district because
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 APPEALS
FORM ZB4
Marjorie MoDermott, Secretary
Southold Town Board of Appeals
Atter investigation and inspection the Board finds that
applicant requests permission to divide property with less
than 40,000 sq, ft, lots and approval of access on premises
located on the went side of Rocky Point Road, East Marion,
New York. The findings of the Board are that in approving
the division of the bennett property, the Board is recognising
an existing situation. The Board agrees with the reasoning
of the applicant.
The Board finds that strict application of the Ordinance
would produce practioal 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 Edna Bennett, Rocky Point Road,
East Marion, New York, be GRANTED permission to divide property
with less than 40,000 equare. foot lots and approval of access on
property locateds right of way, west side of Rooky Point Road,
East Marion, New York, an applied for, subject to the following
oonditionss
That there shall be no further subdivision of the Bennett
property.
That right of way shall be subject to the approval of the
Building Inspector.
Vote of the Boards Ayes:- Messrs: Gillispie, Hulse, Doyen.
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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 October 12 , 1972, on
the following appeals:
7 : 30 P.M. (E.D.S.T. ) , upon application of Andrew Dzenkowski,
Rocky Point Road, East Marion, New York, for a variance in
accordance with the Zoning Ordinance, Article III , Section 301,
for permission to divide property with less than 40, 000 square
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feet. Location of property: Lots 1, 10, 11, 12, 13 , 14, and 15,
Map of Aqua view Park, East Marion, New York.
7 :45 P.M. (E.D.S .T. ) , upon application of Edna Bennett,
Rocky Point Road, East Marion, New York, for a variance in
accordance with the Zoning Ordinance, Article III , Section 301
and Section 280A of the Town Law for permission to divide property
with less than 40,000 square feet lots and approval of access,.
Location of property: Right of way, west side of Rocky Pointl
Road, East Marion, bounded north by E. Bennett; east by right'iof
way and Raymond; south by Osgood; and west by F. Rosenberg,
8 : 00 P.M. (E.D.S.T. ) , upon application of Joseph Quinlan,
109 Stevens Avenue, Hempstead, New York, for variance in
accordance with the Zoning Ordinance Article III, Section 301! for
permission to divide property with less than 40,000 square feet
lots. Location of property: Lots 76 and 77, Mattituck Park '!i
Property, Mattituck, New York.
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NOTICE OF HEARINGS
Pursuant to Section 267 of the
Town Law and the provisions of
ttl'e 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 12, 1972, on
the following appeals:
7:30 P.M. (E.D.S.T.J, upon
application of Andrew
Dzenkowski, Rocky Point Boad,
East Marion, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 301, for permiSSion to
divide property with less than
40,000 square feet. Location of
property: Lots 1, 10, 11, 12, 13, 14,
and 15, Map of Aqua View Park,
East Marion, New York.
7:45 P.M. (E.D.S.T.l, upon
application of Edna Bennell,
Rocky Point Road, East Marion,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III, Section
301 and Section 280A of the Town
Law for permission to divide
property with less than 40,000
square feet lots and approval of
access. Location of property:
Right of way, west side of Rocky
Point Road, East Marion,
bounded nortl) by E. Bennell;
east by right of way and
Raymond; south by Osgood; and
west by F. Rosenberg.
8:00 P.M. (E.D.S.T.), upon
application of Joseph QuinIan,
109 Stevens Avenue, Hempstead,
New York, for a variance in
accordance with the Zoning
Ordinance Article III, Section 301
for permission to divide property
with less than 40,000 square feet
lots. Location of property: Lots 76
and 77, Mattituck Park Property,
Mattituck, New York.
8:15 P.M. (E.D.S.T.l, upon
application of Alvin J. Blenk,
Reeve Avenue, Mattituck, New
York, for a variance in
accordance with the Zoning
Ordinance Article III, Section
301, for permission to' divide
property with less than 40,000
square feet lots. Location of
property: Lot No.7, Map of
Saltaire Estates, Mallituck, New
York.
8:30 P.M. (E.D.S.T.), upon
application of William Bayha,
Founders Path, Southold, New
York, for a variance in
accordance with Zoning
Ordinance, Article Ill, Section
300 C-3, and Section 302, for
permission to build an accessory
building in side yard area.
Location of property: Lot No. 70,
Founders Estates, Southold, New
York.
8:40 P.M. (E.D.S.TJ, upon
application of Leeward Acres,
Inc., 217 Osborne Avenue,
Riverhead, New York, for a
variance in accordance with the
Zoning Ordinance, Article 1lI,
Section 301 and Section 280A of
the Town Law for permission to
divide property with less than
40,000 square feet and approval of
access. Location of property:
One-half of Lots 50 and 51, Map of
Leeward Acres, Southold, New
York.
8:50 P.M. (E.D.S.TJ, upon
application of Otto Macomber,
Pine Avenue, Southold, New
York, for a variance in
accordance with the Zoning
Ordinance, Article III, Section
301; for permission to divide
property with less than 40,000
square foot lots. Location of
property: Lots No. 16, 17, 18, 19
and 20, Map, of Goose Bay
Estates, Southold and bounded
north by land now or formerly of
Davis; east by Private right of
way; south by other lands of
Macomber; and west by Goose
Bay Estates, Southold, New
York.
9:05 P.M. (E.D.S.T.J, upon
application of Hertha Fraser,
Nassau Point Road, CUtchogue,
New York, for a variance in
accordance with the Zoning
Ordinance, Article 1lI, Section
300 C-3, and Section 302 for
permission to build an accessory
building in front yard area.
Location of property: Lot No. 55,
Map of Nassau Point, Cutchogue,
New York.
9:15 P.M. (E.D.S.TJ, upon
application of Robert and
Annette Rider, c-o . Riverhead
Apartments, Roanoke Avenue,
Riverhead, New York, for a
variance in accordance with the
Zoning Ordinance, Article 1lI,
Section 301, for perniission to
divide property with less than
40,000 square feet. Location of
property: Lot No. 34, Map of
Eastwood Estates, Cutchogue,
New York.
9:25 P.M. (E.D.S.T.J, upon
application of Lyle Ml>redith, Old
Shipyard Lane and Landon Lane,
Southold, New York, tor a
variance in accordance with the
Zoning Ordinance, Article 1lI,
Section 300 C-3, and Section 302
_ for permission to put accessory
building in side yard area.
Location of property: Lot No. 89,
Map of Founders Estates,
Southold, New York.
9:45 P.M. (E.D.S.T.J, upon
application of H. Alvin Smith,
New Suffolk Avenue, MaUituck,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III, Section
300 C-3, Section 302, Section 301
and Section 280A of the Town
Law, for permission to divide
property, put two accessory
buildings in front and side yard
areas, insufficient setback in
front yard and approval of
access. Location of property (
Right of Way, south side of New
Suffolk Avenue, Malliluck, New
York, bounded north by panst;
east by Hollis Creek; south by
other lands of applicant; and
west by right of way and T.
Witschi.
-Dated: September 29, 1972
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
OF SUFFOLK.
IF NEW YORK.
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~ ~.q'!:r.t. . C;... .I??r'~f!!1... ... ..... being duly Sworn.
: ... p.~. is Printer and Publisher of the SUFFOLK
~ TIMES. a newspaper published at Greenport. in said
Ind that thE' DotiC'&. of which the annexed is a printed
B been published in the said Suffolk Weeldy Times
-och week, for . . .... P.l1 ~ .. .. .. . . .. .. .. ... weeks
'~ly commencing on the .,. .n.f.~l:t................
... .J.C:~6~:-:-:-:-~9. 7.2.
(~ ..2ftz."':(~r/?~~;~-;-' ~":: .-~:-. . . . . . . . . . . .
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Qu?ltti"( i ,'j,:lid'\ '.,i)~~l'ty 7(
Cominissi:;n l :!Ili;;:, \i,liCh jO, ley._
NOTICE OF HEARINGS
Pursuant to Section 267 of the
Town Law and the provisions
of the Amended Building Zone
Ordinance of the Town of South-
old, Suffolk County, New York,
public hearings will be held by
the Zoning Board of Appeals of
the Town of Southold, <It the
Town Office, Main Road, South-
old, New York, on October 12,
1972, on the following appeal:>":
7:30 p, M. (EDST). upon ap-
plication of Andrew DzenkO\vskL
Rocky Point Road, East Marion,
New York, f(lr a variance in
accordance with the Zonin?; Or-
dinance, ,Article III, Section 301,
for permission to divide prop-
erty with less than 40,000 sqllare
feet. Location of property: Lots
I, 10. 11. 12. 13, 14, and 15. Map
of Aqua View Park, East Marion,
New York.
7:45 P. M. fEDST). upon ap-
plication of Edna Bennett, Rocky
Point Road. East Marion, New
York, for a variance in accord-
ance with the Zoning Ordinance.
Article III, Section 301 and Sec-
tion 280A of the Town Law for
permission to divide property
with leFS than 40.000 square feet
lots and approval of access. Lo-
cation of property: Right of way.
west side of Rocky Point Road.
East Marion. bounded north bv
E. Bennett; east bv right of way
and Raymond: south by Os~ood:
and west by F. Rosenberg.
8:00 P. M. IEDST), upon ap-
plication of Joseph Quinlan, 109
Stevens A venue. Hempstead, New
York. for a variance in accord-
ance with the Zoning- Ordinance
Article III. Section 301 for per~
miSFion to divide property with
less than 40,000 square feet lots.
Loca tion of propertv: Lots 76 and
77, Mattituck Park Property.
Mattituck, New York.
8:15 P. M. (EDST), upon ap-
plication of Alvin J. Blenk,
R.eevef,Lv.enue. Mattituck. New
York, for 'a" v81'iance",in' accord-
ance~ wfth. th~H Zqntng'..ordinance
Article III. Section 301. for per-
mission to divide property with
less than 40.000 square feet lot!'.
Location of propertv: Lot No 7,
Map of Saltaire E!'tates. Matti-
tuck. New York.
8:30 P. M. fEDST). upon ap-
plication of William Bavha
Founders Path. Southold. New
York, for a variance in Accord-
ance with t.he Zonine: Ordlnance.
Articl~ III. Section 300 C-3. And
Section 302'. for permission to
build ;:In accessory buildinQ" in
side yard area. Loca tion of :)roo-
erty: Lot. No. 70, Founders
E!'tates. Southold, New York.
8:40 P. M. IEDSTI. unnn ~p-
plication of Leeward Acres. Inc..
217 Ol"iborne Avenue. Riverhearl..
New York. for a variance in ac-
cOl'dance with the Zoning Ordi-
nance. Article III. Section 301
and Section 2BOA of the Tm~ln
Law for permission to divide
property with le~<; than 40.000
square feet and approval of ac-
cess. Location of property: One-
. ~ of Lots 50 and 51. Map of
),\'i':J'cl Acres, Sout.hold. New
York.
B:50 P. M. (EDST), upon ap-
plication of Otto Ma~omber. Pine
Avenue, Southold. New York. for
a variance in accordance with
the Zoning Ordinance. Article
III. Section 301. for permission to
divide property with less than
40,000 ~quare foot lots. Location
of property: Lots No. 16. 17. 1B
19 and 20, Map of Goose Ba~
Estates. Southold and bounded
north by land now or formerly of
Davis: east bv Private rig'ht of
way; :'iOuth by other lands of
Macomber; and west bv Gon:-;e
Bav Estates, Southold. New York.
9:05 P. M. (EDST). upon ap-
plication of Hertha Fra!'er, Nas-
sau Point Road. Cutchog-ue. New
York. for a variance in accord-
anet" with the Zoning Ordinanr:l:'.
Article III. Section 300 C-3. and
Section 302 for permission to
build an accessory buildin~ in
front yard area. Location of
property: Lot No. 55. Map of
Na~sau Point, Cutchogue. New
York.
9:15 P. M. (EDST1, upon ap-
plication of Robert and Annette
Rider. c/o Riverhead Apartments,
Roanoke Avenue. Riverhead. New
York, for a variance in accord-
ance with the Zoning Ordinance,
Article III. Section 301, fOf per-
mis.."ion to divide property with
less than 40,000 square feet. Lo-
cation of property: Lot No. 34.
Map of Eastwood Estates, Cut-
chogue. New York.
9:25 P. M. (EDST). upon ap-
plication of Lyle Meredith. Old
Shipyard Lane and Landon Lane
Southold, New York, for Ii v~ri:
ance in accordance with the
Zoning ()rdinance. Article III.
" Sectlo""lllt~, ,...section 302
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for permiSSion to put accessor~r
building in side yard area, Loca-
tion of property: Lot No. 89, Map
of Founders Estates, Southold,
New York.
9:45 P. M. (EDST) , upon ap-'
plication of H. Alvin Smith, New
Suffolk Avenue, Mattituck, New
York, for a variance in accord-
ance with the Zoning Ordinance,
Article III, Section 300 C-3, Sec-
tion 302. Section 301 and ,'Section
280A of the Town Law, for per-
mission to divide property, put
two accessory buildings in front
and side yard areas, insufficient
setback in front yard and ap-
proval of access. Location of
property: Right of Way. south
side of New Suffolk Avenue
Mattituck. 'New York, bounded
north by Paust; east by Hollis
Creek; south by other lands of
applicant; and west by right of
way and T. Witschi.
Dated: September 29, 1972
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
IT-IO-5
: SUFFOLK
~EW YORK
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Whitney Booth, J r", being duly sworn, says
5 the Editor, of THE LONG ISLAND
. MATTITUCK WATCHMAN, a public news-
:d at South aid, in Suffolk County; and that
" which the annexed is a printed capy, has been
said Long Island Traveler-Mattituck Watch-
ch week for ...&~e.....(~.. wee';:'
cammencing an the ..............~......................
....(!)..c:L. ........ 1 ;1.),.
~
orn to before me this ..........6...........
...CY...c:L......, 19M..
day of
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Ml[ll: P/\YN[
Not(lryrU~,I;I:, '~:J~r rlf Ne,'1 Vork'
Res';!~~~, ;2:,2~~,~~'(:'n,I_:ClJn:y
Commissic;l [~;ii~~";,.lar'~tl 30, 1973
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FORM NO. 3
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TOWN OF SOUTH OLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
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NOTICE OF DISAPPROVAL
File No. ..................................................................Date .................4.)&....a.L........., 192..~.
To EL."-.....~~......................
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........................N..:..y,.........................................
PLEASE TAKE NOTICE thot your applicotion doted .............~~t:.:::.....ct...t.............., 1~..).,..
for permit to #I6..31.dc~JJI;d'/Jl.k....ot the premises locoled ot....ev..T....f;i:.!..-;?t......
.~~..../2t&l.ol..(!.f..P.ti.................. Street 0:. t '/0r""......., '-A..
Map ~..~.\~.(~~..... Block ............X....~................. Lot s.~G.~.............................. is
.~I_...~.d I._.~..:II. 81 j disapproved on the following grounds .......~..........~......~..........
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.........................................4:?I......................................~..:f..0~.........~...............f...................
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TOWN OF SOUTHOLD, NEW YORK
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APPEAL FROM DECISION OF BUILDING INSPECTOR. APPEAL N0.
DATE ..Aapt...21,..X7.2.
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) Edna Aennett .....................of .....$Pek-y Point Road..
Name of Appellant Streefi and Number
.......................East Marion York.........
.................................................................... .... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED ..Sept...23t. 1
1.9.7.2..........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Edna Bennett
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Name of Applicant for permit
of Rock)r Paint (toad East )Marion New York
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Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(% ) $ermit to set off lot with existing buildings
1. LOCATION OF THE PROPERTY
Street Use District on Zoning Map
:Richardson )..ap..N°...$59 5..&..6....180.1...frortage., 471 depth
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 Ordinance.)
Art III Section 301
3. TYPE OF APPEAL Appeal is made herewith for
T ) 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 XM (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
( ) A Variance to Section 280A Subsection 3
( g) A Variance to the Zoning Ordinance
is requested for the'reason that owner wishes to sell bots 5 & 6
Form ZBi (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary.HARDSHIP because
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because Lots 5 & 6 and buildings have been used
as rental property for the past 10 years. Dots 5 & b are surrounded by woad-
lands with no near buildings. Use of property and buildings would remain the
the same
STATE OF NEW YORKLZ
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ss
COUNTY OF ) Signature
sworn to this ............ day of........� rte- ............. 19��
Notary Ru is
CORNELIA;M KEOGH
NOTARY PUBLIC, State of New York
No. 52-2093890
Qualified in Suffolk Courty,
:Term Expires tliarci, 30,1U3
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Southold TOvln Board of Appeals
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October 12, 1972
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},iR. S,}1EL.L'll::NBURG: They had a. IIBII and a. IIC".
THE Ca~IRMAN: There is another decision in ~ files that
would indicate that you. don't have to come before the Eoard of
Appeals if you have had approval of 'the Town and the CountY".
After investigation and inspection the Board finds that
app1ic~nt requosts permission to divide property with less
than 40.000 sq., ft. Location of property: .Lots 1. 10, 11,. 12,
13, 14 and 15, Map of !j.qua, View Park, East Marion, now York.
The Board finds that tho seven lots of the fifteon'lots on
the filed map became substandard by virtuo of t~~ December, 1971
amendment to tho Zoning Ordinanco. Tho lots, in question, range
from. 32,319 sq. ft. to 36,950 sq. ft. in area. The map was
approved by the Planning Board, the Department of Health, and
the Department of Environmontal Control, in JulT, 1971. Health
~epartmcnt approval has boon extendod to September 1973. It was
not included in tho exempt map list. The Board finds that thoro
could not bo a change of zone as there are no lower zones to
which it could be changed. The Board agrees with the reasoning
of the applicant.
The Board finds that strict application of the Ordinaneo
would producopractical difficulties or unnecessary hardship; tho
hardship creo.ted is uniquo and would not ''be shared by all properties
alike in the immodiate 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 Ordinanc,e.
On motion by It,r. Gillispie, seconded by It,r. Hulse. it was
RE~OLVED Andret. Dzonkowslci. Rock-l Point Road, East' Harion,
1'et. York. be GRANTED permission to divide property withlCss
than 40,000 sq. ft. Location of ~roperty: Lots 1, 10, 11, 12,
13. 14 and 15, Map of Aqua View Park, East Marion, New York, as
applied for.
Vote of the Board: Ayes:- Messrs: Gillispie. Hulse. Doyen.
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PUBLIC HEARDTG: Appeal No. 1673 - 7:1~5 P.N. (E.D.S.T.),
upon application of Edna Bennott, Rockr Point Road, East Marion.
Now York. for a variance in accordance with the Zoning Ordinance,
hrticle III, Section 301 and ~oction 280A of tho Town Law for
permission to divide property with less than 40,000 sq. ft. lots
a~d approval of access. Location of proportY": Right of way, west
s~de of Rock,r Point Road. East Marion, Now York, bounded north by
'''-~'' ,
w' ~_.,__~.-""".".,.
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Southold Town Board of Appeals
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. October 12, 1972
(0-
E. Bennett; east b~ right of way and Ra~mond; south by Osgood;
and west by F. Rosenberg. Fee paid $15.00.
The Chairman opened the hearing by.roading the application
for a variance, legal notice of hearing, affidavit attosting to
its publication in the official newspapers, and notice to the
applicant.
TEE CHAIa~\N: Is there a~ono present who wishes to speak
for this application?
ED1TA. BE111!ETT: Yes, I am the applicant.
THE CHAJRMAN: !re ;rou the sole O'imer of this propert;r?
MISS B~lnTETT: Yes, I am. I own 2, 3~ 4, 5 and 6. Lots
2, 3 and 4 would be kept as one plot.
THE CHAIR1-14.N: Did ;rou sell Lot 11
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MISS BEln~TT: No, I never owned Lot 1. That belonGed to
NcCann. I bought my' propertY" in 1962 trom my' sister, Mrs. Raymond.
It was then in three parcels. I have the tax records. I requested (
that it be kept in thrlle separatll parcels but it lillS not. _.
TH8 CHA.IRNAN: The access is over the right 01' l-llly lead in.;:;
trom Rocky Point Road? Rocky Point Road is not shown on this map.
(Miss Bonnett indicated thll location of Rocky Point Road and
the location of her sistllr's property). (rhen I purchasod from her
I purchased the right of way to my' property.
THE CHAIRMAN: This would be recognition of an existing situa-
t.ion where you. own a house on three lota. .
MISS BE1Th~TT: The wholo proporty ID about 1 and 3/4 acres.
My proporty would remain an acre and a half with shore front
property. It1s ent1re~ woodland. It would not be changed in
any character whatsoever.
(.
THE CHAJRI~N: Does a~one else wish to speak tor this
application?
IIJRS. GRACE RAYMOllD: I am l' or it.
THE CHAIRlI1.'l.1I: The riGht 01' way is not shown. on the survey.
MISS BElnTETT: Tho original map shows the right of way. I
don't know-who owns it. I would assumo that I own half and that
my sister owns tho other half.
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Southold Town Board of Appeals
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Oct ober 12, 1972
MRS. Rl.YMOND: I own it. t\'hen I sold the property I gave
my sister tho right to use the right of \"ray.
Ti-:E CW.IrB-JAN: Is thore anyone preSent who wishes to speak
against this application?
(Thor~ was no response.)
THE CHAIRYAN: I think we can approve subject to approval
of the riGht of way by the Building Inspoctor. That simpl1 in-
volves clearing to 15 feet. I guess tho rock is an inescapable
fact.
~az. RAYMO~ID: It's been there since 1926 and no one has
complained.
Th~ CHAra}~N: Can a fire truck got in there1
:wtt1C. RAn/102ID: Yes.
After invastiG~tion and i~spoction the Board finds that
applicant requests permission to divido )roperty with loss than
40,000 squaro foot lots and approval of access on premises
located on tho west side of Rocley ?oin"t; Road, Eaot l"arion,
}1ol-t York. The findinGS of the Board arc that in approving
the division of the Bennett pro~crty, tho Board is recognizing
an existin6 situation. The Board acrees with tho reasoning of
the applicant.
The Board finds that strict application ~ the Ordinance
would produce practical difficulties or u~necossnry hardship;
the hardship created is unique and would not be shared bY' all
properties alike in the imrr~dio.te vicinity of thi$ property and
in tho same use district; and tho variance will not chanGo tho
charactor of the neighborhood, and \,ill observe the spirit of
tho Ordinance.
On motion by y~. Gillispio, seconded by Mr. Hulse, it was
RE:::;OLV8D Edna Bennett, RoelS'" Point Road, East Marion, new
York, be GPJ'.}TTE:l permission to divide property Hith lOf!3 tho.n
40,000 square foot lots and approval of ~ecess on property
located: ri~ht of way, wost sida of Roebr ?oi~t Road, East
M~rion, New York, as applied for, subject to the following
conditions:
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Zouthold Town Board of ~ppea1s
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(
October 12, 1972
That there shall be no further subdivision of the Bennett
propertY' .
That right ot way shall be subject to approval of the
Building Inspector.
Voto of the Board: A:ros:- Messrs: Gillispie, Hulse, Doyon.
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PUBLIC HEARIF.G: Appeal :No. 1674 - 8: 00 P.M. (E.D .S.T.),
upon application of Joseph Quinlan, 109 Stevens Avenue, Hempstead,
New York, for a variance in accordance with tho Zoning Ordinance,
~rticlo III, Section 301 for permission to divide propert:r with
less t.han 40,000 square foot lots. Location of propert:r:
Lots 76 and 77, i1attituck Park Propert:r, MattituCk, Now York.
Fcc ::>aid ::;15.00. '
The Chairman opened the hearinz by reading the application
for a variance, legal notice of hoarins. affidavit attestinG to
its publication in the official newspapers, and notice to the
applicant.
c
THE Cffi\IRI~~N: Is there anyone prcscnt who wishes to speak
for this application?
HR. JOSE?H QJJINIAN: 1ve would l1]~c permission from the Board
to build a retirement home or. if we can't do that, we would like
permission to sell the property.
THE CHAIRYiAN: I see the area is 100' x 140'. You 1-Tant to
cut that in two. I see that most of tho surrounding propertY' is
on 50 foot lots.
HR. QJJTIrLUT: The lot next door to us is 50 feet wide and
there are two riGht across the streot.
THE CF~IR}~N: Is there ao:rone present who wishes to 'speak
against this application?
(Thoro was no response.)
After investig~tion and incpection tho Board finds that
applicant roquests p~rmission to div1uc.propert:r with less than
~.O,000 squaro foot lots: Lots 76 and 77~ Mattituck Pa.rk Propert:r.
r-1a-ctituck, !Tew York. The findincs of the Board are that
surroundinG proportios arc built up on 50 foot lots. It would (
be an unusual hardship for the Quinlan's to maintain 100 feet. "
The Board agrees with the reasoning of the applicant.
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