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HomeMy WebLinkAbout1316 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 1316 Dated February 9, 1970 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Phillip Bellamore 1400 East Drive North Merrick, New York DATE.~._.~2, 1970 Appellanf at a meeting of the Zoning Board of Appeals on March 12, 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 exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 1970 the appeal 1. SPECIAL EXCF~PTION; By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Axticle .................... Section ................... Subsecti~m .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed becahse 8:00 P.M. (E.S.T.), upon application of Phillip Bellamore, 1400 East Drive, North Merrick, 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 along south- e rly line of Lot K, Map No. 41 Shore Acres, Mattituck, New York. 2. VARIANCE; By resolutio~n 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) change the character of the district because SEE REVERSE (would not) 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. Betty Neville, Secretary Southold T~n 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 New York State Town Law, Section 280A. The applicant is the owner (under contract) of Lot K on map of Shore Acres, which is an oversize lot on an approved map with an area of 57,600sq. feet. Applicant proposes to divide lot, as shown on sketch by Van Tuyl dated February 9, 1970, and construct second dwelling. Proposed right-of-way will b~ 15 ft. in width. The Board finds that'strict application of the Ordinance would produce practical 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. T~EFORE IT WAS RESOLVED Phillip Ballamore, 1400 East Drive, North Merrickm New York, be GRA~T~D approval of access over private right-of-way as applied for. Location of property: private right- o~-way, located off east side of North l~ne (Pvt. Road), along southerly property line of Lot K~M~p'o~ ~h6r~ Acres, Mattituck, New York. This appr°Val of acces~ is granted subject to the following conditions: 1. Right-of-way'must be at least 15 fee~ in width and improved to the approval of the Building Inspector. 2. Lot K must be divided as shown on sketch by Van Tuyl dated February 9, 1970. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis. ?m4f} I,.li. M.I.L). mumm mmJgA&m~ of Bdmi,,. fL, King. meed. MM. I#mm 'win,, fern ~ of mm, gleam ov4m imiw tt1~t-o£-~ ia idmmli'dmmm .f,~ (dim, M od~ Imm M Lin, Immet. d~ M. LmmmtMm ef Im~ Imriqn~m~e IJ~. L4O0 Bm Drive. Mort~ m~ck, B~ York. ef ~ prlv~e rt~j~t-of-~ay aleug mmt~erly ]Jae of LEGAL NOTIQ~ Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of the~ ~n of Seathold, Suffolk County, New York, putlJic-hea rings will be held by the ZOhtng Beard of Appeals of the Town of Southold, at the Town Office, Main Read, Seathold, Now York, on March 12, 1970 on the following appeals: 7:30 P.M. (E.S.T.), upon ap- plication of Frank Carlin, Main Read, Mattituck, Now York for a varm~ce in accordance w~th the Zoning (II~inance, Article III, Section 303, and Article X, Sec- tion 1000A, for p~rmiesion to set off lot with less than 100 ft. frontage. Location of property: south side of Main Road, Laurel, Now York, bounded north by Main Read, east by C. Kesl~ki, south by Railroad, west by C. Kosleski. 7:45 P.M. (E.S.T.), upon ap- plicatiou of Edwin H. King, Main Read, Orient, Now york, for approval of access over private right-~- way in accordance with the State of New York Town Law, Section 288A. Location of property: private--right-of- way off south side of Main Road, Orient, Now York, bounded north by Main Road, cast 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 Phillip Bellam~r.e, 1400 East Drive, North Merrick, NOW York, for approval of access iUFFOLK. ] over private right-of- way in ~ SS: accordanea with the Stato of Now ~W YOI~K, j York Town Law, Section 280A. Location of property: private ~ .~::..~X~,.%?.L<~ .... being duly Sworn, right- of- way along southerly hne ' ' ' of LotK, Map no. 41Shore Acres, e... is Printer and Publisher of the SUFFOLK Mattiinnk, Now York. 8:15 P.M. (E.S.T.), upon ap- ga a newspaper published at Greenport, in said plication of George C. Cook, Jr., 1133 Broadway, New York, N.Y. rt the notice, ,of which the annexed is a printed 10010, for approval of access over private right- of- way in ac- cordanea with the State of New~ published in the said Suffolk Weekly Times l~-~trt.Town Law~ Section .280A. ~k, for ~'~/-~--~ .... week~ cca mn ~f property: private ....................... right- of- way ~ ~qrth side of ~mmencing on the ., .-~. :~.~ .............. Main Read, Orient, New york, beand ,orth by Sonnd, east by Cowan, Brown, & others, south by Main Road, west by Schaefer ~_~...~.~~ ~'~'~ :L ~: ?...~. · ....... Estate. Any porson desirin~ to he heard re me this . .(~.~., .... on the above applications should ~ -~ appear at the time and place .~.~ .... ..... .............. ..... N. ............. SO T,O,.O TOW \ NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Or- dinancc of the Town of Southold, 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, Southold, New York, on March 12, 1970 on the following appeals: ?:go P. M. (EST), upon appli- cation of Frank Carlin, Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, ~or permission tc set off lot with less than 100 ft. frontage. Location of prop- erty: south side of ~Iain Road, Laurel, New York, bounded north by Main Road, east by C. Kosloski. south by Railroad, west by C. Kosloski. 7:45 P. ~VI. (EST), upon appli- cation of Edwin II. King, Main Road, Orient, ~ew York, for ap- proval 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. g:00 P. M. (EST), upon appli- catio~ of phillip Bellamore, 1400 E~st Drive, North Merrick" New York. for approval of access over private rtght-of-way in ac- cordance with the State of New York Town Law, Section 280A. Location of property: private right-of-way along southerly ll~e of Lot K, Map No. 41 Shore Acres, Mattituck, New York. 8:15 P. ~0~I. (EST), upon appli- cation of George C. Cook. Jr, 1133 Broadway, New York, N. Y. 10010, for approval of access over private right-of-way in acccrd~ once with the State of New York Town Law, Section 280A. Locs- 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 to be heard on the above applications should appear at the time and place specified. DATED: FEBRUARY 19, 1970 BY ORDER OF THE SOUTROLD TOWN BOARD O~ APPEALS COUNTY OF SUFFOLK ~ STATE OF NEW YORKI ss: 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 annexed is a printed copy, has been published in said Long Island Traveler~Mattituck Watch- man once each week for ........ Z.~.'i:::.~.......(../...'/. ...... weeMt successively, commencinfl on the ............,. =~. .................. ................................. Sworn to before me this ........... ~.~..". ........ day of ..... . Notary Public ~ TOWN OF SOUTHOLD, NEW YORK DECISION OF BUILDING INSPECTOR DATE ..... . .F..e...b..u...r..a..r.y....c)., 197o TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], ~ ....... Phill iD.... ~ll~/~Qr e ............. o~ .............. .1..~...0..0...... ~. ,a..s.~...D..~..i..v..e.. ....................... Name of Appellant Street and Number North Merrick N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... .F..e.b......9..~....1..9.~.Q ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of · ~ ~ ~.~Q0 $~t Dr~ve N. Merrzck ~. · Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Approval of access to interior lot Street Use District on Zoning Map Shore Acres Lot K 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.) Town Law section 280-a 3. TYPE OF APPEAL Appeal is made herewith for ( ) 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 ~ (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 ...................................................................... X) ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ts requested for the reason that Lot"K" is an oversize lot on an approved map~ I propose to build a second dwelling in the rear portion and will constr~ct a suitable access ro~d through the front parcel to serve the lot on Mattituck creek. The accessr easement is at least 15 feet wide, ~orm z~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pmcticaldifficulti~ or unneces- san HARDSHIP becau~ : This lot is large enough to divide and still have larger lots that the persent ordinance requires. The lot is on an approved filed map~ served by a 50 foot private road off of a Town Road. The proposed use will be in harmony with the development of this area~ and the proposed access to the interior lot will be suitable for emergency vehicles etc. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property end in this use district because ~ This lot is one of the larger parcels in this subdivision which has not already been divided for two or more dwellings. 3. The Variance would obse~e the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ The proposed one family dwellings will meet all requirements of the Town and be in keeping with the residential nature of this subdivision. STATE OF NEW YORK ) ) COUNTY OF Suffolk) SS Sworn to this ................... C).. ......................... day of .......................... .F,.$.~.1),:~.1~.~r. .......... 19 70 ELIZI~BETH ~i~ ~EVILLE FIOT/~Ry PUBLIC,, State of New Yorl~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ......................... .F..e...b. ............. ~. ................. 19..50.. To .... ,r,,h.!~.!..~.a..~. ~ !.~.°. ~ ~ .............................. ........ .1.~.~i) .~.,...D.~i.v.e ......................................... ................ N o~ .t,tz ..~e ~.r. ick ... N.,~:., .................... PLEASE TAKE NOTICE that your application dated ................ F..e.b. ............. .9.. .......... 19...7...0.. for permit to construct .....d:~.e...1..~.i~l~ ............... at the premises located at .:~Ii.~.~.I'J,O.E ............ .. lo.t J~..t ..Ro~ d ...,,.. ~lar.~h..L~i~. ..... Street Mattituck Map ....~..h..°..r...e....A..c-r...e. ~. ........... Block ...................................... Lot ................................................. is returned herewith and disapproved on the followin~ grounds ........................................................ Need aooroval of access to interior lot sec 280-a Town.Law '~OWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , I9 ........ Permit No ............................. Disapproved a/c .............................................................................................. Application No ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIt' Date ......... :4~..~.....:./. .............................. , ) 9...~..67... 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 be drawn on the diagram which is part 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 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 }or 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 alterations, or for removal or demolition, as herein described The applicant agrees to comply with all applicable laws, ordinances, building code housing code, and regulations (Signature of applicant, or name, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises /~£~ / ~'*.C If applicant is a corporate, signature of duly authorized officer (Name and title of corporate officer) 1. Location of land on which proposed work will be done Map No ........ Street and Number ~I~T S i)c o,- ,'~l~ilt 0'~'~' ~4 7TI ~o (Id Munici~lity ....... 2 State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building .................. Addition .................. Aheration .................. Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................................ 4. Estimated Cost .....C.q:.~..?...~:[.:.Z'.J.'. .................................. Fee ..........................................................................................  (to be paid on filing this application) 5. If dwelling, number of dwelling units ....... Number of dwelling units on each floor ..... ~..~._~.~..~..~.....~,o. ~ If garage, number of cars ........ I .................................................................................................................................... 6. [f business, commercial 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 alterations or additions: Front ....................................Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front ..... .~.~.~:..cy...". ............... Rear ...'~'.~..i:..O..~ .......... Depth ...~.~E~:(~.~'EZ ....... Height ..!~,'.'..~...i'. ...... Number of Stories ........ ..~..~...~Z. ................................................................................................. 9. Size of lot: Front ..... ~'~.~..~.Z.~ ......... Rear ..... !'..?/:..~i..~ .................. Depth ........ ~7..~..~'. ............... 10. Date of Purchase ......... :~./..~./..?...~ ............................... Name of Former Owner .4.(L.;~.f::".....'r.~hf~..'X..~.;~....~.~.?.~.f.: .... 11. Zone or use district in which premises are situated ..................................................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ~ ........... {~'..~i..'. ..................................... 13. Name of Owner of premises ..~!;)'.![/g/.t......:.~.~i.~f...~.; ....... Address ....... i .................................... Phone No ..................... Name of Architect .......................... ..--77.. ........................ Address ............................................ Phone No ..................... Name of Contractor ..~,/~!.~.'.!:.'...(!.~.~r.~:t~..~fl ............ Address ....... .~ .................................... Phone No. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give streel' and block number or description according to deed, and show street names and indicate whether interior or corner lot. t I STATE OF NEW Y(~R,K, ,~ tc¢ :~[~ Isl~-r t<, ~'¢' COUNTY OF ...... ~L~.>.(~ ............ f ~'o' ..Z..?~ ...... ~ .......... ~.~.~:::E.fE~..?:.~:E ............................ bemg duly sworn, deposes ~nd s~ys that he is the applicant (Name of individual signing application) above named. He is the ~" '~' "~'*'~ J ~,')c t- (Contractor, agent, corporate officer, etc.) of sa~d ow er or owners, and ~s du,y authorized to perform or have,performed the sa~d work and to make and file this application; that all statements contained in this application arC'true to the best of his ~nowledge, and belief; and that the work will be performed in the manner set forth in the application filed there~, k ' '~' ' ' Sworn ~ before me this ~ ~ ~ ' ~,.~, , ', ~.. ,~t~ ................ ................. (gignat6re of applicant) Notary Publi~ .......~.. Z.~....:...7....(- .._ ................... County pi ~1" L · MAP OF LAN~, IN4AT~ITU ~ ar .~Ou~'~O~D~ N.Y.