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XR.ULL, CHARLES M. #183
338 Atlantic Avenue Variance 7,_7z 5
East Rockaway, NY June 10, 1959
GRANTED right._ o access to Lot_#3 as descr-ibed
_4,... in survey _of___May 2 .i .1 _5 9 R_.by-_Van_Tuy1 _ nd_ _- _
_ ;..__permission to use and build on this lot--with
._ _
reduced frontace,, _Orient.
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS DATEJl121e 12.,...1959
Appeal No. 183 Dated May 28, 1959
ACTION OF THE ZONING BOARD OF APPEALS OF TOWN SOUTHOLD
Mr. Charles M. Krull
To 338 Atlantic Avenue Appel lont
East Rockaway, L.I. , New York
at a meeting of the Zoning Board of Appeals on Wednesday, June 10, 1959 the appeal
was considered and the action indicated below was taken on your
(X) Request for variance due to lack of access to property
( ) Request for a special permit under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance
1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) 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
2. VARIANCE. By resolution of the Board it was determined that
unnecessary
(a) Strict application of the Ordinance (would) f11 1) produce xNaDmardship because
property can only be entered by a private right of way and applicant
would be unable to build on thimundersized lot.
(b) The hardship created (is) (ISS unique and (93110. (would not) be shared by all properties
alike in the immediate vicinity of this property and in the some use district because one large
*arcel adjoining is farm land and is not subdivided into small build-
ing plots, and this property is usii a right of way for ingress and egress.
ht
(c) The variance (does) m6 t d observe the spirit o the Ordinance and ( (would not) change
the character of the district because this property would be used for residential
purposes in keeping with the surrounding neighborhood)
and therefore, it was further determined that the requested variance (X) be granted ( ) be denied
and that the previous decisions of the Building Inspector ( ) be confirmed ( X) be reversed.
Upon application of Charles & Charles M. Krull, 338 Atlantic Avenue,
East Rockaway, New York, for a variance in accordance with the Zoning
Ordinance, Article III, for permission to reduce frontage, and Section
280A of the Town Law for recognition of access. Location of property,
Orient, New York, bounded north by Frey, east by J. Douglass , south by
J. Douglass, and west by Orient Harbor.
Permission is granted for right of access to Lot No. 3 as described
in survey of May 29, 1959 by Otto W. Van Tuyl & Son, and permission
is granted to use and build on this lot with reduced frontage.
AppROES 1 419
�- zo In ��oLs
ithit . Boken
Secretary
aid 0 PPeals
Cha imdn
Form zaa
7 � � �
� ,� �5�
Southold Tom s3oard of kp s -3- June 10, 1959
rUBLIC 1I^ARING1 7al+5 ='. t., «Ureal so. 133 - Application
of Charles cuxl �Charlos :i. -'.roll, 33a Atlantic .avenue, Last
Roc4avay, ;;e',i fors, Tor a vartance in acccronnce with the Zan—
ing ordinance, :.rticle I111, for ;-er^isLion to reduce frontage
and erection evOA, of the Town LWu for -ccot-nition of access.
Location of -:roperty, orient, iew, York, bounded north by Frey,
cast by J. Lcuglass south by J. � Dotilass, and west t7 c:rient
Harbor. Fee paid 15.00.
The Chairman opened the hearing by reading the application,
notice of violation issued by the �ssi3�33r�g inspector. legal
notice of hearing, affidavit attesting to its publication in ttn
officialnewspaper, and letter from the applicant.
CHAM211,11tI: V* !C'ull, it is r.Pcessar*r fcr you to mend the
application to read Article II, 5action 303: as ` 4Q11 as Sectlon
200A of the Wotan Law, is that satisfactory to :,eau?
'LLi. 'MULL; That is agreeable.
CIM I!AN: Is there anyone present t�rho <.aishes to steak for
this application?
PEI. 7L. :iL; v 4OXMI., 338 Atlantic 2tivnnue, Tast.;leckau:ay, New
:forks I would, I am one of the owners of the propert? in the
f appeal at present. In order to have ingress and egress to the
southerly lot snoum as ;do. 29 I Would have to have m right of
waq extending to the southerly line of the -Tey 7roPertY to the
rorhterly line of plot :do. I. Th
across parcels 2 and 3* at trould be recognition of access
C.L1I L-LA-ii Are there any houses on 1, 2 or 37
M. MULL 1 NO no,
There urns considerable disaussicn hold relative to the
yroperty in ,question,
M. ,'ILL. Wo intend to build on the northerly lot numbered
39 as soon as possible.
CHAiI-MIAT3s 'LOU may only apply and receive aecens for one
lot on an application if you wish access to the other lots they
must be made :separately. At this time you wish access to lot
Noe 3?
14H. <" ULLs Yost lot 'o. 3.
C==AIMM'Ars Is there anyone present ',rho ;aishes to Speak against
this a_rplication7
(No one wished to speak.)
r
Southold Town -card ;f Arimals -4- ;une lo, 1959
r
lesolution was offered 3 7 'tr. ' senbern, seconded by Tire
i Grigonis and carried, J: aE.t" apalic^ticn of Charles and Charles
ie ;hull having been considered at l ublic ;tearing Joe lo.3 on
June 10, 1959 and the Board finding that strict ar,plicaticn of
the 0rdinance would produce undue hardship because property can
only be entered by a private riE;ht of ,;gay amid applicants would
be unable to build on an undersized lot. The situation is unique
and would not be shared by all -rorertics aliko in the immediate
vicinity because one large parcol adJoirin; is farm land and is
not subdivided into smaller building ,lots. This property is
using a right of s-my for lnr-ress and egross, she ublie con-
venience and >mlfare and justice will be ^ubstantially served
and the legally established or rormitted use of neighborhood
property and adjacent use districts would not be substantially
or ermanent17 injured and the spirit of the Ordinarce wound
be observed T:,ecause this propert-* could be used for residential
lur;.eses in keepin ; with the surrounding neighborhood, therefore
4 it ;? 'Uv D that tics application '.e ^ranted -,ermitting
right of access to Lot iso. 3 as described in survey of �]ay 29, 1959
by Otto �i. 'Jan liYayl « Son, C3nd _.anis cion to use PjA build on
this lot with reduced frontage*
b'ote of tcae wards Ayes:- eir. C,i113spis, tr. Rosenberg,
and Mr. Grigenis.
s
Ar. �-oseph Len_:o, Greenrort9 'low Ycrit, came before the
Sward of Appeals £cr an infcr^+al discassion relative to a
violation fl e received from the iouildin; inspector - Article X,
Section 1007 (a) of the Building .:one Ordinance -"a non-conform-
ing use has boon expanded and new use created without a special
exception from the Doard of :1 ',peals and in violation of the
provisions of the Labor Laws."
1r. r:riso, upon request of this Znard, stated that he
presently ages automobile repairs, valve, ^,pints, plus, and
grease Jobs, spot welding for a maximum time of five Minutes,
brazingo zDray 2aintinE , touehinu- up, repairs on lawn movers,
straightening, ;simoniaingg generator and starter vor:., steam
cleaning, .-ir. :-enko also sells tiros and tu'ces and similar
items aold b✓ ,zas stations. Ae described himself as an all-
around mechanic, and stated he does not employ any help, but
does everything himself. 9r. Terry Tasked the Benko about a
trailor for rent that is par ed in front of his station and
he stated that :could be removed the next dap, as he had it
there for a friend and not for himself. It was brought out
that the garnge will accomodate three cars inside and ;are
1jenko ,a&s not to make major repairs on cars outside of the
building.
LEGALNOTICE
Notice of Hearing
Pursuant to Section 267 of the Town Law and the provisions of
the Amended Building Zone Ordinance of th? Town of Southold,
Suffolk County, New York, publid hearings will be hold by the
Zoning Board of Appeals of the Town of Southold at the Town
Clerk's Office, Main Road, Southold, New York, on June 10, 19599
on the following appeals:
7830 P.M. (E.D.S.T.), upon application of Richard H. Redden
Oak Avenue, Southold, Nov York, for a variance in accordance vNA
the Zonirg Ordinance, Article ili, Section 304, for permission to
reduce front yard set back on property located on the ,north side
of flak Avenue, Southold, New York, Lots 301, 302' and 303 on map
of Goose Bay Estates.
7845 P.M. (E.D.S.T.) , upon application of Charles & Charles M.
Krull, 338 Atlantic Avenue, East Rockaway, New York, for a variance
in accordance with the Zoning Ordinance, Article III, for permissio
to reduce frontage, and Section 280A of the Town Law for recognitio
of access, Location of property, Orient, Now York, bounded north
by troy, east by J. Douglass, south by J. Douglass, and west by
Orient Harbor.
Any person desiring to be heard on the above applications
should appear at the time and place above specified. i
Dated May 289 1959, By Order of the Southold Town Board of
Appeals.
Is
PLEASE PUBLISH ONCE JUNE 5 19599 AND FORWARD AFFIDAVIT
OF PUBLICATION I*ffDIATE1Y TD T9 BOARD Or APPEALS c/o BUILDING
DEPARTME-I , TOWN CLERKIS OFFICE, MAIN ROAD, SOUTHOLD, NEW YORK.
I
Copies mailed to the following on May 29, 19598
Charles M. Krull
Richard 1. Redden
i
Ii
I
1
I
II
I
1
I
I
i
r
�► i
May 29, 1959
Mr. Charles 11. Krull
338 Gtlentie Ave
East Ronkvmrf, N.Y.
rear Si-;
Your aplicati.on for recognition of access received, also the maps from
Mr. VanTuyl.
In reviewing the appiiceti7%n am attached -naps we find that the northerly
lot of therthree laid cut of your property uoea not have a minimum of 100 ft frontage
on the right of way, al-tho it does have rr,ore than the required 12,500 square feet
of area.
The Board feels that it will be necessary to apply for a variance of
section 303 in order that the lot atay be leggly used.for residential purposes.
They have taken the liberty of setting up the notice of hearing to cover
this point, an(' it tii11 require your anmendirg the application at the time of the
hearing, and a feP of Sly.
Due to unusual circumstances the hearing will be held at 7:45 Pk on
June 10th instead of the 11th as would be customary.
I trust this meets with your onr'roval, sand that we will see you or your
representative at that. time.
Yours truly
A
Building Inspector.
PETRO CHARLES KRULL & SON, INC.
OIL BURNERS PLUMBING AND HEATING
SUPPLIED AND INSTALLED
338 ATLANTIC AVENUE �
� � EAST ROCKAWAY, N. Y.
�tIGC�
LYNBROOK 9.3423
1222
SEWER CONNECTIONS
May 26, 1959
Mr. Howard Terry
Building Inspector
Town of Southold
Southold, L. I., N. Y.
Dear Mr. Terry:
I wish to take this opportunity to thank you for sending
the application for an appeal from the decision of the build-
ing inspector. It saved us so much time because we are about
100 miles away and we are also anxious to build upon our prop-
erty in Orient Village. We are enclosing both copies of the
application for appeal.
Mr. Otto Van Tuyl informed me by telephone today that he
was mailing you a survey of the property so that you would be
able to attach it to the enclosed appeal forms.
We already have in our possession, from the Intercounty
Title Guarantee & Mortgage Company, a certificate of title and
report for closing in which it states that they guarantee a
certain right of way 16 feet in width for our right to use in
common with others. This right of way is shown on the surveys
furnished by Mr. Otto Van Tuyl & Son, together with the new
right of way extending across the first two parcels of land
and running up to third and most southerly parcel.
I hope that the appeal form is correctly filled out but
if it isn't. I wish that it still be placed on the calendar
for Thursday, June 11th, and I would correct any error in it
before that date.
Very tally yours,
C �
Enc. 2 Charles M. Krull
CMK:DS
��- LEGAL NOTICE ~ •
Notice of Hearing
Pursuant to Section 2t7 of the
Town Law and the proldsi- of STATE OF NEW YORK, 1
the Amended Building Z din- COUNTY OF SUFFOLK r ss:
ance of the Tor of SouSuf-
folk County, New York, public
hearings will be held by the Zon- - -✓ _$, 'v ,
Ing Boardlld Appeals of the Town _ .......;..: n 1 CAI----- �� ." .......... being duly Sworn,
of Southold at the Town Clerk's' says that ...... + ...... is Printer and Publisher of the SUFFOLK
I Office, Main Road, Southold, New says
on June 10, 1959, on the fol-! TIMES, a newspaper published at Greenport, in said county;
lowing appeals: 1
7:30 P. M. (E.D.S.T.), upon ap- and that the notice, of which the annexed is a printed copy,
plication of Richard H. Redden,
Oak Avenue, Southold, New York, has been published in the said Suffolk Times once in each
for a variance in accordance withf
the Zoning Ordinance, Article III, week, for ............................................................:.;-'.---...-------.--------..._.. weeky
Section 304, for permission to re-
duce front yard set back on prop- successively commencing on the ......------_:�.�..::.:, -?. .
erty located on the north side of ('
Oak Avenue, Southold, New York, day of _....... ...................... 19.:....'.....
Lots 301, 302, and 303 on map of � v C�
Goose Bay Estates. ... ..- .---- -�- ---- - °t�
7:49 P. M. (E.DB.T n ap- --
plication of Charles R- iarles M. Sworn to before me this ..............
338
antic
Rockaway,
NetYrk orua vari-
ance
day of ........... ..._....^ - 19:...._. j
Krull, New Yo
ance in accordance with the Zon- '
g Article III, for per- ,. ............. ............
mission to reduce frontage, and ........................._..._.....-................._
Section 280A of the Town Law for
recognition of access. Location of
property, Orient, New York, bound- CORNELIA C. KEOGH
ed north by Frey, east by J. Doug- NOTARY PUBLIC, State of NewYOtY
lass, south by J.Dougla3s, and west No. t,2-2693890
I by Orient Harbor. Qualified in Suffolk Countli
Any person desiring to be heard, Term Expires March 30, 1961'
on the above applications shouldl.
appear at the time and place abovel -
specified.
Dated May 28, 1959,
By Order of the Southold Town
Board of Appeals, 1tJ5
TOWN OF SOUTHOLD, NEW YORK
ff
A
i, APPEAL. FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ��.'.1J' n,VCNle
DATE
i
TO THE ZONING BOARD OF-APPEALS TOWN OF SOUTHOLD, N. Y.
(We) .......:'.of .33 .fit a�+ ze A� 1xue
�....._
Name of Appellant Street and Number
.... ......... ..... ........................................ Ives .............. HEREBY APPEAL TO
Municipality' State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
i
APPLICATION FOR PEI?M-4 NO . ......: .; DATED .......: .................
WHEREBY THE BUILDING INSPEECTOR DEN��IIED TO
L. -.... .,....
Name of Applicant for permit
of
33 Atlanlic_Aver � East Roc!agKgy-.3 N' Y•. ......................
Stre t and'Nu m er Municipality ate
(A) PERMIT TO USE �w
( ) PERMIT -FOR OCCUPANqY
(-1) PERMIT to .consta�.ctl ®n property with access by R.O.W.
h1,epdx.ofR.0;-1-7. S a-KLng. St;_;. -,
1. LOCATION OF THE PROPERTYAM .11 cigg.•Ori nt.F.ar I csidential "A"
..........p ..................
Street Use District on Zoning Map
NYap .. ...........................
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.)r —
ts o s s e
3. TYPE:OF APPEAL Appeal is made herewith for
(x) A VARIANCE to the Zoning Ordinance or Zoning Map
(X A VARIANCEdueto lack of access (State of New York Town Law Chap. 62 Cdns. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (fmg) (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
1'
and was made in Appeal No. ............ ....Dated ..............
REASON FOR APPEAL
O A Variance to Section 280A Subsection 3
/ ) A Variance to the Zoning Ordinance
is requested for the reason that (5 -LL a = P I
(Continue on other side)
Form ZB1
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because
Property can only be entered through a right of :way„ (Applica tats. have .an
insured policy$'starghs ;has rstrees;=8n-eg %scrr.
the right of way,)
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 one large 'pa; ce adjolning.is facet"
lands and is not suldivaded into -sm-Iler bun—ding plots. The smaller ad-
'j:-,r _"t
jolfining properties are.using .gl t
a ra ; i W w for'iatgre�5 egress'.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the property would c6obm" � -square,
foot area and appLzcan_-ts are building a 1450 sq ft, rs,8idexwe which will
conform to,all require�e �"off �eY �d cede a ��na .,itrcearaa�ce.
STATE OF NEW YORK. )
ss ........ ................................................
COUNTY OF JAS `S1O ) Signture
Sworn to this...... �� ...............day of.......... . .... ...19
..............................� - tom: L.C. ..../....
Notary Public HEREWA$D WHITS
NntwT Public, state of Nov-,brk
No. 30-420600
Qnaiified in Nmlmu County
Term Expiree March$0,. 19 Gt -
FORIA NO. 3 i
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No. ... ..........Date ...:.:.......19 ..:
To ....... �......
.......A ..�....::::
.... ....14Y......................
' PLEASE TAKE NOTICE that your application dared
.... .......... 19.", ...
for permit .."0V- .........at the premises located at ........
..
...........'Street
Map ......................................... Brock .................... ......... Lot ......
r4Tffl0M3FXX9XI8D=disopproved on the following grounds ...... .� ••
............l c �.. ': .....:. ...�.....
I �
...........
r Building Inspr
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT,
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Examined... ...... .. . 1�'e... Application No. ... .......
Approved... .......`. -/1 9.�.Permit No. . ........
Disapproved a/c ............................. . .....:...............:..
(Building Inspector
APPLICATION FOR BUILDING PERMIT
Date............................. . . 19.
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted in duplicate.. to the.Building
Inspector.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
or areas, and giving a detailed description of layout of property must a drawn on the diagram which is part of this location.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such
permit shall be kept on the premises available for inspection throughout the progress of.the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit_pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or a Iterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances and _rulations.
eal
Signature of applicant or name, if a corporation)
Address ap icant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
................ .. ........................................................... ..................................................................................
Name of owner of premises.---
If applicant is a corporate, signature of duly authorized officer.
I ... �......... . . . ..............'............... ............. ..
I�
(Name and title of corporate offic
I. -
1. Location of land on which proposed work will be done Map . ..... ... ....... ........ No: .. .........:...
Street and Number .Al
...... .
Ij � � unicip lity.. .. .. .. .. . s .... ........
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
I� a. Existing use and occupancy......,llr� .... .. .... ......... :.....:
b. Intended use and occupancy.......
......... ......... ...................................................
3. Nature of work (check which apprica'ble): New Building....'.",;]( ........Adt..<ion ....................Alteration ..............
Repair ................ emoval Demolition ..Other Work (Describe) ....................
4. Estimated Cost......../. ... ........ ......... Fee ..../la.. .............................................. ....... .......
(to be paid on filing this application)
5. If dwelling, number of dwelling Units... ......./ ............Number of dwelling units on each floor............................
Ifgarage, number of cars.......................:-.."...............................................................................................................
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use..............................
7. Dimensions of existing structures, if any: front......... ............... Rear ........................... Depth ............................
Height ............................Number of Stories .............................................................................................................
Dimensions of same structure with alterations or additions: Front ................................ Rear ................................
Depth .............................. Height ..............................Number of Stories ................................ y
8. Dimensions of entire new construction. Front ......A!�� ......... Rear ........... ...... Depth .....0.' ./......
Height ................. Number of Stories
9. Size of lot: Front Rear .... .� Depth ���..'.3�
...... ... .... .
10. Date of Purchase ............ .......... tr `a Name of Former Owner✓l/G •:,
11. Zone or use district in which premises are situated........ ................................................................
12. Does proposed construction violate any zoning low, ordinance or regulation? ....................................................
13. Name of Owner of premis .AddreS t1. .. .. ..�.`.........Phoon�n O.
. .... ���..
Name of Architect................................. . . ....... ... Address ...................................... . * hone
�IVO. ....................
Name of Contractor, •.?Qr Dl ��, /��` .. hon.e
PLOT DIAGRANL•/••�
Locateclearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from
property lines. Give street and block numbers or description according to deed, and show street names and indicate
whether interior or corner lot.
A.;
_ 1 ,y
STATE OF NEW 9 O ) S S.
COUNTY OF
•,,,,,�,I...........,,,, ,,,•„•, ..•..•...•. ........... ..... .........being duly sworn, deposes and says that he is the applicant
(Name of individual signing a p • tion
abovenamed. He is the............................ . ............. .. ... ...... ......... ....... .. ....... ..............
(Contractor, agent, Corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file
this application; that all statements contained in this application are true to the best of his knowledge and belief;
Sworn to bef a me this P P ewi
and that the work will be performed in the manner set forth in thea application ed t er
. day of .........' � .r�......... 19 .67gnature of applicant)
Notary Public .County �� `�
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0 P� # • _ t2oN PIPE
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GU6iQACiTEED TO 44're-- C0uN'ry Tl'CLE
GUA�Rct CY Moiy26A6E
C-04 , Ac-10 TO -r"C=.
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OT—r4 W. VAN T'vYc SON
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C�REEctPO�.T, et.Y. •:
T1TL.E No. S-SZ692