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HomeMy WebLinkAbout183 � 7G-.-�-e-( ��-�-. � /� 3 �- �� 's > o��e�- -{-d o�� _3 ow �� 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 �� `� � E k) �. 7 0 77 N90 11 k s € a • t � o i a} s KINro s TQ e.r t OD a D F i �I N ro ID c GAO. DOUGLAS5 { 166' 20'itT 4F WAY t r DALANO ¢ 21 ID 2 9 O is 1114 MAP OF PR4PERTlI F2.EY i`; SURVEYED FOR THEODORE StMON ;, N-80-Z-i't✓. 1 AND if O 146.38 HELEN KENNY SIMON P � 'l 1Pa 0 OPUENT I N 0 o G U% c SUFFOLK CO. , N. y- 61 4:_ co 9 � p x q j to = CotJG. MONUMENT 0 P� # • _ t2oN PIPE 5.'T4"4fl'w J DOUGLAsS GU6iQACiTEED TO 44're-- C0uN'ry Tl'CLE GUA�Rct CY Moiy26A6E C-04 , Ac-10 TO -r"C=. ONtNE25 , 66 602VEYED OGT, 2 t, 1954. t OT—r4 W. VAN T'vYc SON L1cEr15Ea LANA Sv��IEYo�S I, C�REEctPO�.T, et.Y. •: T1TL.E No. S-SZ692