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Home My WebLink About1129 TOWN OF SOUTHOLD, NEW YOILK ACTION OF THE ZON-[NG BOAI~D OF A~IVEALS ^~eal No. 1129 Dated July 6, 1967 Rensselaer G. Terry, Jr., Esq. a/c Marie Burkhardt Main Road Bayview Road Southold, New York Southold, New York 1967 Ap~edant at a meeting of the Zoning Board of Appeals on Thursday, July 20, was considered and the action indicated below was taken on your (X) l~equest for variance due to lack of access to properly (.) Request. for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ord/nance ( ) t967 the appeal I. SPECIAL EXCEPTION. By resolutio~ of the Board it was determined that a srpeclal exception~ ( ) be granted ) be denied pursuan_t to Article ............... Section ................ Subsection ................ paragraph ............ of the Zoning Ordinance, und the decision of the ~uilding Inspector ( ) be reversed ~ ) be c0nfirmed became ~:45 P.M. (E.D.S.T.), ~pon _application of .Rensselaer G. Terry,Jr., Esq., MainRoad, Southold, New York, a/c Marie Burkhardt, Bayview Road, Southold, New York~ for recognition of access in accor~ anco with ~the State of New York Town Law, Section 280A. Location of prQperty: S/S Main Bayview ,Road, bounded north by Main Bayview Road, east by A. O'Sulli%~an and Ano., south by South Fork Development Corp., west by M. Caccavo. 2. VAP~IANCE. By resolution of the Board it was determined that (a) Strict ap~Iication of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship 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. i~DrRNI ZB4 APPROVED Chm~Tn~ln' ~Bo~d' oc'~p~m~ fl - ' ~arbara C. Dittmann, Secretary After investigation and,inspection the Board finds that the applicant requests approval of access on a right of way to be approximately 300 feet in depth. The Board point out the right of way should be described as being mlong the westerly property line. The findings cf the Board are the driveway is in good condition and is passable for emergency vehicles. The Board finds that strict application of the Ordinance ~11 produce practical difficulties or unnecessary hardsh~ ; the hardship created ~ 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 does observe thelspirit.of.the Ordinance and will ,not change the character of the district. ,. ,. , . Therefore, it was RESOLVED Rensselaer G. Terry, Esq., Main Road, Southold, New ~York, a/c Marie Burkhardt, Bayview Road, Southold, New York, be granted approval of access for a private'right of way south side Main Bayview Road, So~thold, New York. of ~old, ~t ~ T~n Offi~, ~ ~, ~ld, New Y~k, ~ l~ ~; 1~ oh the f~o~ng ~p~s: ~ ~n ~, ~u~ld, Hew ~k, a/~ ~ ~d~, ~y- a~ ~ ~ ~'of N~ York ~, ~on ~A. ;~tlon P~r~: ~/~ .~n ~lew ~~d; ~ by A. O'S~-, ~o; ~u~ ~ ~u~[ ~rk ~V~e~t ~.; W~t by ~. ~avo. ~:55 ~ (E.D.~.T.) U~n the ~ ~, ~old, Hew York, ~C ~p and G~t ~ ~r~t, New York, N. Y. for ~ ~ ~r and ~n- v~t ~ ~stl~ fa~ b~d~ ~ a ~side~ l i~ b~" ~ l~lent '~.,b~k f~m a ~b~ h~hway, ~ for t~ ~nv~on of another ~e a~ve .under ~e ~i~ of ~e III ~ction 3~ ~ ~t~le HI ~tlo~~ ~ ~b 7 of i~ ~ufl~ Zone l or~ of old. ~t~n of lo~ No. 1, s~n I", ~'No. ~5 ~ in' ~ ~unty Clerk's off~, ed - North by ~t ~ ~le; ~ - Pe~rs; W~t . ~d ~yvi~, ~ut~, N.Y. , ~n ~, ~tttt~, N. Y. A/C fl.~i.us W. He~bl~ ~1o~ Nee~e ~d ~a~[itu~k, N Y. ~r ,pe~it to divide ~rty ~h ~ea ~ r~tl~ of ,~r p~v~ of ~. ~ sec ~ a~ ~t X i~ ZO~ or~e of the ~own of ~u~d and New York S~a~ ~ ~w ~n ~A. ~on of ~r~y, ~t ~lf lo~ No. 31 ~ of ~ ~ley, map No. ~0 ~ ~ ~e ~ty ~erk's office, E~t a~ ~k; ~uth ~rt ~; W~t A. W~rd & ~eek. ~y ~rs~ d~i~g ~ be he~d ~ ~y ~ ~e a~ve applleations~ shoed a~ ~ the time and' ~e a~ve s~ied. ~t~ ~ 6, l~q, the ~ld ~.rd of COUNTY OF SUFFOLK, ! STATE OF NEW YORK, ? ss: ...~.....~~....~* *~* ...... bein~ duly Sworn, says that . .'~.. is Prinler and Publisher of ~e SUFFOLK WEEKLY TIMES, ~ newsier publish~ ~t Gr~nport, in ~d count; and ~ the noti~, of which ~e ~e~ is ~ print~ ~py, ~s ~en published in the ~d Suffolk Week~ Times ~nce in each w~k, tot ......... ~ ............ w~k~ suc~ssively ~mmencin~ on ~e [.~~.' ..... day of .... ...... Sw~ to b ' ...*.: ..... day of ...... ~. ..... 19~. ~ , . ..................... ~[ ,j TOWN O1: SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ~,TO~THE;:ZO~IN~zBOARD OF APPE,~LS, TOWN OF SOUTHOLD, N. Y.;~ APPEAL NO. //~k,~ DATE ...~..~. ~....6.. a....1.(~..6. 7 Name of Appelk~nt Street and Number ~.a..~...,V.i,,.e.w....!~_°,..e:.~,~....~..?..~..~..~,,1.~.~....N...'.....~..*, ................................................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLIC^T,ON FOP PE M,T NO ..................................... DATED' /1[/ WHEREBY THE BUILDING INSPECTOR DENIED TO ~,/ - ............... ; ...................................... Name of Applicant for permit of Ba~t...V.i~w.. ~ead., ....................... Se.~l~i::~ 1¢t,~ ...................... ~.,...~', .................. reet and Number Municipality State r ) PERMIT TO USE ( ~ PERMIT FOR OCCUPANCY (X) A~oess ~e am exis~img ~wellimg 1. LOGAT~OKI~O~dTHE.:PP~OPERTY ~j.~e~.~`~a~]5r~.`e~`~`~-~Y~.ea"~]3~t#`~;~C~ ][.~/. Street Use Distr{ct ob Zbr~ina,/~aD: ...,.,. ,...."~'....~"~ ................................... --.... :.~x~..~ ............. "A" Ag, iealeml ~ ~esi~sn~ial 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.) 3. TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map .J/~:~; ~A. V~,P, IANCE .¢~e .._to. loc:k ~ef access (State.~.New York Town Law Chap. 62 Cons. Laws c~,-: ~t.'16.'5~c.[280A Subse~ion 3 . . ' ' ' ' 4. PREVIOUS APPEAL A previous appeal ~,~)(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 oermit ( ) request for a variance and was made in Appeal No ................................. Dated ................................................................... (X) ( ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that a~Dlieaml~ d. esiz, es te eo~vey am ezi~g dwe~g hemse ~ lo~ ~ fee~ ~y 300 fee~ aceesibte o~ly ~ 1~ 'foe~ ~ight of ~y e~en~g 30~ fees southwesterly f~ ~ Ba~iew ~a~. The premises ~volve~ a~ l~ate8 on ~he ~seu~h side of ~ ~yview R~d, an~ bo~ded North ~ ~im ~iewRe~$G/i0 feet; ~mt bY A.~SallXv~ ~ ~ee$ Semth by ~em~h Fe~k Devel~m~ OoZe; West ~y M. -0aceave. Imorn~ ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HA~RDSHIP because ~;h.e ~,~rell.'[.ag 'k,e~se has been in ex.~stenee :['el" seats y~$ ~ncl ~a o~de~ to oemplete sale of same ~he apptiean~ is in need of gma~anteetug aooess $o the p~ope~ty. 2. The hardship created is UNIQUE and is not shared by all p~ope~ties alike in the immediate vicinity of this property and in this use district begause :side~abt~; ~i~tsm3.~e: i~om. the p~b.~lc 'highway as set 2o~h on the at~aohed 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because i~e l~z*ope~'i;y a'o~tl~ oo:at~in[te ~;o be I~e~. foz· x, esi~e~tial p~z~peses as it has in the past and weml mm~e~g~ ne zoning change. ;Sworn to thais '6th ~o of Ju~, ..... Notary Public ~/ Term Ex~lre~ ~arch ~. f ~ ~_ JiLLy 20, %96? south b~ South ~ ~~. CoL, p,, wear. folr i~q~n~t&on of iCseell, XegiZ nottol of hitting, tffidlv%t end muborm of ~ ~ Al & IMmmm4 m % v&Lt& mmm~, ~m ~mm ~ ~ %m~mlm ~ M~m m ~mr ~ ~mm mmm%m ~ ~m~ & ~m m mm mmmmm%mm ~ CHid Itl ed, ~t ye mm qppro~ ~ a ~6 foot of · mdJofdfl~g tho oout~orZy per~ of the f wa<y vhare ~t JJ. ThJ~ ~8o ~ bM t4r. Van 1/10/03 ZBAOffice StaffUpdate: Ret # I 129 Decision, Burkhardt of 1967 1000-784-39 & 40. In reply to Nov. 7, 2002 letter of inquiry by Gary Olsen, ZBA staff called David Olsen, and confirmed the following: Since ZBA rendered a decision in 1967, his letter could be addressed to the Building Department for their inspection and determination as to whether or not it complies with the Board's decision. If the Building Department accepts it, after its review and/or inspection, then the ZBA would not be involved. If the Building Department issues a new Notice of Disapproval because it doesn't accept the right-of-way, then the application can re-file for the amendment sought by Gary Olsen noted in his November 7, 2002 letter. INTER-OFFICE MEMO TO: FROM: DATE: SUBJECT: Jer~y Goehringer, ZBA Chairman ZBA Office November 12, 2002 Attached letter from Olsen & Olsen, LLP Burkhardt ZBA File #1129 (1967) 1000-78-4-39 & 40 Mr. Olsen indicates that the right-of-way mentioned in the ZBA decision was never constructed on the west side, although there is a driveway on the neighboring property near the west side of the Burkhardt lot. The ZBA record does not indicate information from the applicant in 1967 as to where the right-of-way easement was traveled. The record is minimal. Do you want the new easterly right-of-way to be "staked" by Mr. Olsen's client for location and new inspection by a member of the ZBA? There is no information to show that the easterly right-of-way was traveled. (A copy of the deeded easement was not offered for review.) Please let us know how you want to respond to Mr. Olsen. Thank you. Encl: (1) OLSEN OLSEN, L.L.P. ATTORNEYS AT LAW GARY FLANNER OLSEN ATTORNEY AT LAW DAVID WORTHINGTON OLSEN ATTORNEY AT LAW P.O. BOX 706 · 32495 MAIN ROAD ° CUTCHOGUE, LONG ISLAND, NEWYORK 11935 PHONE 631-734-7666 · FAX 631-734-7712 · olsenlaw@optonline.net November 7, 2002 0V - 8 Re: Right of Way SCTM: 1000-78-4-39 & 40 To Whom it May Concern: Please be advised that I am writing to you concerning the Right of Way which gives access to SCTM: 1000-78-4-40. Rensselaer G. Terry, Jr., Esq. appeared before the Zoning Board of Appeals on July 6, 1967 concerning a Section 280A for this property. I am enclosing a copy of the Zoning Board decision herewith. The Zoning Board approved the Right of Way on the west side of the property and indicated in it's decision that the driveway "is in good condition and is passable for emergency vehicles". In fact, the Right of Way has never been constructed on the west side of the property, and the Zoning Board apparently was looking at a driveway not on the Burkhardt property, but on the neighboring property to the west now or formerly owned by Caccavo. However, at the time the traveled driveway on the east side of the property was being used, as can be seen on a survey by Van Tuyl dated August 29, 1966 which I am enclosing herewith. This is still used to date. At this time we would like the Town to approve the Right of Way on the east side of the property, running straight along the easterly boundary of SCTM: 1000-78-4-39, as seen on the survey by John Ehlers, enclosed herewith. Please advise if you can revise the decision of the Zoning Board of Appeals dated July 20, 1967 to reflect the Right of Way on the easterly portion of SCTM: 1000-78-4-39. Please advise if this is not a matter for the Zoning Board, and if the parties can agree between themselves where the Right of Way is to be located. GFO:dwo Enclosures Zoning Board of Appeals Town Hall Main Road, Southold, NY 11971 CC: Robert S. Hughes, Esq. PO Box 128 Greenport, NY 11944 John W. 4190-2 Naples, Burkhardt Looking Glass Lane FL 34112-5238 N.,4,['SZ'50"E. -- roO0."[I MAP OF LAND SU PV.E'~'ED ffO~. l',/l A 21E B[.J2~HA2DT ,Al' SQUTHOLD NEW 5CA,~E 50' , ?. 0 m >. 51TUATE, 50UTHOLP TOI'~I~ 50t/THOLD .~Ut~OLI¢ 'C.,OUNT'¢, / / / ~,~.APHI(. ~ALE I"= ~0' .TO~N C.' 6 EAST MAIN STREET