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HomeMy WebLinkAbout1317 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONkNG BOAI~D OF APPEALS Appeal No. 1317 Dated February 12, AGTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Edwin H. King To Main Road Orient, New York 1970 at a meeting of the Zoning Board of Appeals on April 2, was considered and the action indicated below was taken on your (X) Request for varian.ce due ,t~ lack of access to property ) Request for a special exception under the Zoning Ordinance ) Request for a variance to the Zoning Ordinance ) DATE April...2., 1970 Appellant 1970 the appeal 1. SPECIAL EXCEPTIO. N. By resolution of the Board it was determined that a speciaI 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 Edwin H. King, Main Road, Orient, New York, for approval of access over private right-of-way in accordance with the State of New York Town Law, Section 280A. Location of property: private right-of-way off south side of Main Road, Orient, New York, bounded north by Main Road, east by land of King, south by meadow and marsh, 'west by land of King. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ail properties alike in the immediate vicinity of this property and in the same use distrlet because SEE REVERSE (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 ) be denied and SEE REVERSE APPROVED --', -- -"-'X ZONING BOARD OF AppEALS Southold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests approval of access over private right-of-way in accordance with the State of New York Town Law, Section 280A. The Board finds that the applicant was, denied a minor subdivision in this area, by the Planning Board, because he owns'such a large parcel of land and they felt that he should apply for a major subdivision. It is the feeling of this Board that this application is an obvious attempt to defeat the purpose of the subdivision regulations. There is indication that he has already subdivided land there, he has sold several pieces and given one away. The T~Wn Counsel does not think that Section 280A, Sub. Sec. III should be used to require a person to file a subdivision. It is also the Town Counsel's opinion that it is doubtful whether or not the Supreme Court would support a denial on the part of this Board. However, the Board is going to suggest a condition of granting this access. This will be the last approval of access that this Board will grant for access on this road. The Board finds that strict application of the Ordinance would produce practical difficulties or ~n~ecessary hardship; t~e hardship created is unique'a~d'w6uld 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 t~e spirit o~ the Ordinance. THEREFORE, IT WAS RESOLVED Edwin H. King, Main Road, Orient, New York, be GRANTED approval of access over private right-of-way as applied for. Location of property: private right-of-way off south side of Main Road~ Orient, New York. This approval of access is granted subject to the following condition: 1. This will be the last approval of access that this Board will grant for access on this road. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. Appeal no. ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF $OUTHOLD To Appellant at a meeting of the Zoning Board of Appeals on was considered and the actio~ indicated below was taken on your (~ Request for ,variance due to lack Of access to property ) Bequest for .a special except!ori under: the Zoning Ordinance ( ) Reqt~est 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 derAed pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be of Pla:in Ro d, Orient, by 2. VARIANCE. By xgsel~tion of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (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 (c) The variance (does) (does not) observe the' spirit of the Ordinance and (would) change the character of the district because (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and FORM ZB4 OeO0 l,.m. (B.I.L), upm e~pLkm~dm ef nd.%Lip L~GAL NOTIC~ Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the Town of Seathold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, iVl'~{i~: Read, Southold, New York, on March 12, 1970 on the following appeals: 7:30 P.M. (E:S.T.), upon ap- plication of Frank Carlin, Main Read, Mattifuck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Sec- tion 1000A, for permission to set off lot with tess than 100 ft. frontage. Location of property: south side of Main Road, Laurel, New York, bounded north by Main Road, east by C. Kosleski, south by Railroad, west by C. Kesleski. 7:45 P.M. (E.S.T.), upon ap- plicalion of Edwin H. King, Main Read, Orient, New York, for approval of access over private right-of- way in accordance with the State of New York Town Law, Section 280A. Location of property: private--right-of- way off south side of Main Road, Orient, New York, beanded north by Main Read, east by land of King, south by meadow and marsh, west by land of King. 8:00 P.M. (E.S.T~.), upon ap- plication of Phillill Bellamore, 1400 East Drive, North Merrick, New York, for approval of access over private right-of- way in accordance with the Stete of New York Town Law, Section 280A. Location of property: private right- of- way along southerly line of Lot K, Map no. 41 Shore Acres, Mattinink, New York. 8:15 P.M. (E.S.T.), upon ap- plication of George C. Cook, Jr., 1133 Breadway, Now York, N.Y. 10010, for approval of access over private right- of- way in ac- cordance with the State of New York Town Law, Section 280A. Location of property: private right- of- way off north side of Main Read, Orient, New York, beanded north by L.I: Sound, east by Cowan, Brown, & others, south by Main Road, west by Schaefer Estate. Any person desiring to be heard on the above applications should appear at the time and place specified. DATED: FEBRUARY 19, 1970,L BY ORDER OF TH~ iTM6 SUFFOLR, fEW YORK, ~ss: J ~.. ~, .~. ~ ..... being duly Sworn, ~.... is Printer and Publisher of the SUFFOLK ~ES, a newspaper published ~t Greenport, in said hat the notice. ,of which the annexed is a printed en published in the said Suffolk Weekly/ Times week, for ....... ~ f~.. .............. week~, ~ommencing on ~he ...~.~. ............. · -...r~.'- .... ; ~' --X' ' [o~e me this ...~:L.'(,..... 1 ..... .,: a'5 .. ' ' ......... ·..% \... ............. 3 SOUTHOLD TOW~ BOARD OF APPEALS, i NOTICE OF HEARINGS' Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Or- dinance of the Town of Seuthold, Suffolk County, New York, public hearings will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Seuthold, New York, on March 12, 1970 on the following appeals: 7:30 P. M. (EST), upon appli- cation of Frank Carlin, Main Road, Mattituck, New York, for a variance in accordance w~h the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for permission tc set off lot with less than 100 ft. frontage. Location of prop- erty: south side of Main Road, Laurel, New York, bounded north by Main Road, east by C. Kosloski, south by Railroad, west by C. Kosloski. 7:45 P. ~f. (EST), upon appli- cation of Edwin H. l~ng, Main Road, Orient, New York, for ap- proval of access over private right-of-way in accordance with the State of New York Toxwn Law, Section 2SOA. Location of property: private right-of-way off south side of Main Road, Orient, New York, bounded north by Main Road, east by land el King, south by meadow and marsh, west by land of Kin~. g;00 P. M. (EST), upon appli- cation of Phillip Beilamore, 1400 East Drive, North Mel?ick, New York, for approval of aqcess over private right-of-way in ac- cordance with the State of New York Town Law, Section 2SOA. Location of property: private right-of-way along southerly line of Lot K, Map No. 41 Shore Acres, Mattituck, New York. 8:15 P. M. (EST), upon ~ppli- cation of George C. Cook, Jr., 1133 Broadway, New YoKk, N. Y. 10010, for approval of access over private right-of-way in accord- ance with the State of New York Town Law, Section 280A. Loca- tion of property: private right- of-way off north side of Main Road, Orient, New York, bound- ed north by L~ I. Sound, east by Cowan, Brown, & others, south by Main Road, west by Schaefer Estate. Any person desiring in be heard on the above applications should appear at the time and place specified. DATED: F~RRUARY 19, 1970 BY ORDER OF THE SOUTHOLD TOWN BOARD O1~ APPEALS 1T--~-5 COUNTY OF SUFFOLK ~- ss: STATE OF NEW YORK ~ C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the onnexed is a printed copy, has been published in said Long Island Zrgveler-Mottituck Watch- / ~ (~/ successively, commencing on the ........... /..:.~,../.~ .................... ~ /;,'~, ~ / ~ ,,-,.I,.. day ........................... ........ Sworn to before me this ~? ~7~ day of .... ,.~../~.,~/.~...~..~..~.~.<, 19..~...~. AD£L£ PAYNE TOWN OF SOUI'HOLD BUILDING DEPARTMENT TOWN CLEI~K'S OFFICE SOUTHOLD. N. Y. ~OT~CE OF DISAPPROVAL File No ................................................................... Date ...................... .1~ ................. t~ ............ 19...~0 To ..~.L....~I~.....~ ....... ~..~, ............... ~o~ ........ N .~.. ......................... PLEASE T~ NO~CE that your application dated .............. ~ ........... ~ ............ 19...~ ~..~--...~.,~...(~) .......... Street ~le~ ~, Map ............ ~ ...................... Block ..... ~ ............................ Lot ...~ ...................................... ~~~'A~;2.-_ disapproved on the f~llowin~-grounds ....~.,~R~..~~.] Building Inspector FO]~ NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19.. ...... Approved ........................................ , 19 ........ Permit No ............................. Disapproved a/c .............................................................................................. Application No ............................. APPLICATION FOR BUILDING PEI~Mll' Date ............. Feb.~-ua~- .1.~ ....................... ] 9...7.0 ..... 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 ~reas, and giving a detailed description of layout of property must be drown on the diagram which is port of this application. 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 o 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 sh.oll be occupied or used in whole or in port for any purpose whatever until a Certificate of Oocuponcy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Dep~rtmenf 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, add tions or olt~otions, or for removal or c~molition, as herein described. The applicant agrees to comply with all applicable laws, ordinl~nces,,b~uFidij~ co~hous~Fj~j c~e, and ~g~J~tions. ................... ~....~.~,.~.~ ............................. (Signature of Qpplicent, or name,~ a co~poretion) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or Builder .... ~.a..e.~,...t.9....c..o. ~t..~..~...q.¢..f.o..zt..a .,3. l.e...of..l.o.t..to..~ Q:~&~A..TJ~YLQR,...Box.. i.~.I,. Nlidlaad. J:)~."L~e, ..................... Colchester,. Corfu. Nome of owner of premises .......... ~]2t~/J~..~,:.~,~G ........................................................................................................ If applicant is o corporate, signature of duly authorized officer. (Nome and title of corporate officer) ] Location of land on which proposed work will be done Map No.: ........................................ Lot No .......................... Street and Number ..,~JS.Ma~.~o~ct,..~e~t,..~,.~,.,...~.lS.~i~r~t~.:Ro~¢l ............................................. Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction a. Existing use and occupancy ....... '~*~..~.,t;~SJ~e:l~l;ia~t..&.~.i~tt~t~e ............................................................. b. Intended use and occupancy ...... ..~..a,...~...e. ............................................................................................................... 3. Nature of work (check which all! ~}~able):~'- Ne~ Bu,Hding. ;...:,l~..~ ....... Adc~;~ .................. Alteration .................. Repair .................. Rernoval'~ ................ Demolition .................. Other Wgrk (Des'cribe) ........................................ 4. Estimated Cost ........ $-B0~-O00-,O0 ....................... :...:.Fee .................................................................................. ~. ....... (to be paid on filing this application) 5:' If dwelling, number of dwelling units .......... i ............... Number of dwelling units on each floor ............. ~.~ ............ If garage, number of cars .............................. t ............................................................................................................. 6. If business, commerdial or mixed occupancy, specify nature and. extent of each type of use ............................ ~. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with a.lterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front ........... 4~ ..................... Rear ........... ~ ............ Depth ........ ~.8 .......... Height ...... ~.4 .......... Number of Stories .............. One-&--o~-h~f. ...................................................... ". .................. 9. Size of lot: Front ........ [~s5 .............. Rear ............... 15.~ .............. Depth ......... ]LSO ................. 10. Date of Purchase ....... C.O~.TP~CT. ....................... :Name of Former-Owner .......................I~]~ ...................... ] 1. Zone or use district in which premises are situated .... ]~A.U..Res~daut~L& .~Ag~.£cuLtur. e .. . ]2. Does proposed construction violate any zoning law, ordinance or regulation? ....... :~ ............................................... 13. Name of Owner of premises ....E...D...W....I~.'....H..:..-.K..~..~.....Address .....O._R..I.,E..~,.,..N..:...Y.:.~ ........... Phone N~;f~.2..3.-2..~...7..0.,. Name of Architect ................................... Address ............................................ Phone No ..................... Name of Contractor .................................................... Address ............................................ Phone No ..................... PLOT DIAGRAM Locate c ear y and d stinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give 'street:and block number or descrption acco'rdi~g to deed, and show street names and indicate whether interior or corner lot. Private Road 150' 28 ]50' 135' 49 150' 135' STATE OF NEW YORK, 1 S.S. COUNTY OF ....... g duly sworn, deposes and says tha¢ he is the applicant (Name of individual signing application) above named. He is the ....................... ~nt ..................................................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is'~daly authorized to perform or have performed the said work and to make and fife this app[ication; that all statements conta, ined in this application are true to the best of his knowledge and belief; and that the work wi[I be performed in the manner set forth in the application filed therewith. Swomtobeforemethis' , · ~/ ~__ 1-2~th day of F~ruaFx , 19..~.. Notary Public, . ............ ~ .................... Coun~ (S~ature o~ applicant) No. 52-1695500 S~o!k Co~ ~ ~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEA NO. DATE ...~,.~, I.'"~.. Z ~ ~ 0 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ........~ ~ .'~T~. ~[]~.. ~ o. · · .[~.'~[-.~.0 ........................ of ............... ~..~,.O..z~,.~ .................................... Name of Appellant Street and Number ......................................................................................................................... m:~:~r APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ....... .~.....~.t~.~.~Jl~....~... DATED ...... ..~...e..b.~.~,a:~y...,1.~....1..9..?..0. .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) EDWIN H. KING Name of Applicant for permit of MAIN ROAD ORIENT N. ¥. Street and N umber Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY BUILDING PERMIT 1. LOCATION OF THE PROPERTY ~ _ Private Road "A" Residential & Ag.r..i. culture Street Use District on Zoning Map 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.) Section 280 A of Town Law 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map · ~V~) 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 ~'l~e~Ic(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 ) A Variance to the Zoning Ordinance ) ~s requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the pri~ate road is now in use by two existing houses. 2. The hardship created is UNIQUE and is not shared by all properties ~alike iO the.immediate vicinity of this property and in this use district because only a few are on private roads. Such appeals have been granted when access was over much narrower rights of way over property owned ~y others than owner as in this instance. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are already houses on this private road. The private road is fifty (50) feet wide and has sufficient frontage to allow lhe ingress and egress of emergency vehicles. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) ss Sworn to this ..................... .1.,2..l..h. ................. day of ................. F..~.bZ'..g.a.~C~r. .................... 19 70 Notary Public I~'OTA~Y PUBLIC, ~f~e of ~ew Y~rk No. FORM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 461 Z Date ........................................................ , ] 9 ........ Permission is hereby granted to: at premises Iocoted at ............................................................................................................................ pursuan¢ to application dated ............................................................ , 19 ........ , and approved by the Building Inspector. Building Inspector N°. ~6~1~ ~ ISSUED TO DATE ~ADDRESS This notice must be displayed during construction and returned to Building Dept. to get a certificate of occupancy upon completion of work. BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N. Y.