HomeMy WebLinkAbout1319 TO%IrN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1319 Dated February 26,
ACTION OF THE ZONIN~ BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To George C. Cook, Jr.
1133 Broadway "
New York, N.Y. 10010
DATE ~.~...~2, 1970
1970
Appellant
at a meeting of the Zoning Board of Appeals on March 12, 197 0
was considered and the action indicated below was taken on your
(X) .Request fo,r 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
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of fhe Zoning Ordinance and the decision of the Building Inspectar ( ) be reversed ( ) be
confirmed because 8:15 P.M. (E.S.T.), upon application of George C. Cook,
'Jr., 1133 Broadway, New York, N.Y. 10010, for approval of access over
priagte right-of-way in accordance with the State of New York Town Law
Section 280A. Location of property: private right-pr-Way off north
side of' Main Road; East Marion~ New York, bounded north by L.I. Sound,
east by Cowan, Brown, & others, south by Main Road, west by Schaefer
estate.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
SEE REVERSE
practical difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by ali 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
(would not)
SEE REVERSE
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
SEE REVERSE
~ :,;:;, ~ ' ~ ZONING BOARD OF APPEALS
FORM ZB4 f 'U . f~ ~ ¢2¢7¢ Betty Neville, Secretary
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 owns no road frontage on the
Main Road. Since this is the only means o~ access the applicant
has to his interior property, the Board feels that to deny this
application would be to deny the applicant the ~s~ o~ his property.
A condition of granting this application is that the access shall
be limited to one (1), on~ family dwelling which the applicant
proposes to construct for his ow~ use as described on survey
accompanying the application, by Van Tuyl dated July 15, 1965. ~
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecess=~Fy 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.
THEREFORE IT WAS RESOLVED ~e~r~9'C[ Co~k~ Jr., 1133 Broadway,
New York, N.Y. 10010, be~GRAh'i'~D approval of a~c~ss over private
right-gl-way as applied for. Location of property: .private right-
ofTwgy pff mprth side of Main Road{ East Marion~ New York. This
approval is grgnted subject to the following, condition:
1. This access shall be 1/m ited to one (1), one famkly
dwelling which the applicant proposes to construct for his own use
as ~escribed on survey by Van Tuyl dated July 15, 19~5.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis.
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the amended Building Zone
Ordinance of the Town of
Southold, Suffolk County, New
York, public bearings will be held
by the Z0ni ~ng Beard of Appeals of
the Town o£~outhold, at the Town
Office, Main Read, Southold,
New York, on March 12, 1970 bn
the following appeals:
7:30 P.M. (E.S.T.), upon ap-
plication of Frank Carlin, Main
Road, Mattituek, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 303, and Article X, Sec-
lion 1000A, for permission to set
off lot with less than 100 ft.
frontage. Location of property:
south side of Main Road, Laurel,
New York, bounded nm'th by
Main Road, east by C. K~lo~ki,
~outh by Railroad, west by C.
K~loski.
7:45 P.M. (E.S.T.), upon ap-
plication of Edwin H. King, Main
Road, Orient, Now 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, Now York, bounded north
by Main Road, east by land of
King, south by meadow and
marsh, weat by land of King.
0:00 P.M. (E.S.T.), upon ap-
plication of philliB Bellamo~e,
1400 East Drive, North Merrick,
Now York, for approval of access
over private right-of- way in
accordance with the State of Now
York Town L~w, Section 280A.
Location of property: private
right- of- way along southerly line
c~ Lot K, Map no. 41 Shore Acre~,
Mattitock, New York.
8:15 P.M. (E.S.T.), upon ap-
phcation of George C. Cook, Jr.,
1133 Broadway, 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.
SUFFOLK, l
? ss:
EW YORK, j
q~...~..~../~...v~.~.~..~...., being duly Sworn,
~..., is Printer and Publisher of the SUFFOLK
~ES, a newspaper published at Greenport, in said
liat the notice, ,of which the annexed is a printed
en published in the said Suffolk Weekly Times
Location of property: private
right- of- way off north side of week, for ...... ~. :c~. ............... week~
Main Read, Orient, New York,
boundednorthby L.I. Sound, east commencin!~ on the .... g~-~-..~, .............
by C~an, Brown, & others, sou~ ~ ~'~ --~ ~
bYs~__Main R~d, west by Sc~efer ~'~~~ ' ~ ~ ·
EA~OU d~iring to ~ heard' '.'~
on ~e above apph~o~ ~d ore me this ~ ~: .... I
ap~r at ~e time a~ place ''' ~
~i~. ).~ ..... ~.~ .. ~
DASD: FEBRUARY 19, 1970, ~ ~' ~ ~ ~ / ~ ~.~ ~
BY ORDER OF T~ · ..~ ~"~ ~' ~ ....... : ..............
NOTICE OF HEARINGS
Pursuant to Section 267 of thc
Town Low and the provisions of
the amended Building Zone Or-
dinance 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:
7:30 P. M. (~ST), 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, for permission ta
sst 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.
K~sloski, south by Railroad, wesf
by C. Kosloski.
7:45 P. M. (EST), upon appli-
cation of Edwin H. King, Main
Road, Orient, l~ew York, for ap-
!6royal of access over private
right-of-way in accordance with
the State of New York Town
Law, Section 280A. Location of
properf~v: 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.
8:00 P. M. (EST), upon appli-
cation of Phillip Bellamore, 1400
East Drive, North Merrick, New
York, 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 along southerly line
of Lot K, Map No. 41 Shore
Acre~, Mattituck, New York.
8:15 P. M. (EST), upon appli-
cation of George C. Cook, Jr.,
1133 Broadway, New York, iN. ¥.
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. L Sound, east by
Cowan, Brown, & others, south
by Main Road, west by Seha~fer
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 Ol· THE
COUNTY OF SUFFOLK
STATE OF NEW YORK~ ss:
C. Whitney Booth, Jr., being duly sworn, says
thai 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 ............ i'. ~.'. .......... '~...~. ...... weeks
successively, commencing on the
.......
Sworn to before me this ........................ day of
....
Notary Public /
TOWN OF SOUTHOLD, NEW YORK
,~PPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONL~G BOARD O~ AP~EALS.~N OF SOUTHOLD, N. ~ _ ~ ~
.... ~-~;-~:2;;~b.:E'"'~ .............................. ~~ :;;~;; ........... ~ ..... 'p
...................... ....................... · .... ¢o
~unicip~li~ / . Ct~te
THE ZONING BOARD OF APP~LS FRO~ THE DECISION OF THE BUILDING INSPECTO" ON
,,~UC,T~O~ ~o~ ~ ~o ..................................... ~*T~ ..... ~....94....].~.~¢ ..........
WHEREBY THE BUILDJ, NG INSPECTOR ..D. ENIEI~ ~O
.................................................. ........
( ) P[R~IT TO
Street Use District on Zoning M~p
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 Ordino.nce 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 (~s) (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 c 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
Form ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
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 beca:use
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW' YORK
COUNTY
)
) ss
)
Sworn to this .............. .¢~.~,.~f. ................... day of ......
ELIZABETH ~kN'~l NEV1LLE
NOTARY PUBL O State ol New York
_ ~. Ol2~g~O Suffolk Co~
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CtERK'S OFFICE
SOUTHOLD, N. Y.
soT~c~- oF n~SAPPROV~
File No .................................................................. Date ............................. .,F..e..~..a..~. ....... .~. 19..,2.0.
To .?,~. ,°.?..,~.,?.,..?...:... ~ .°..0..k.... ~?.. ....................................
.............. tJ 33 ........ B.r.oa~a;f ................................
................ ~ew --~'~k.~-" N. ~E.-~ ..... '~ 00'] 6 ..............
PLEASE TAKE NOTICE that your application dated ................. ~.e.,b. ........ .2...6. ............ 19.?...0...
for permit to construct ..... ~w~.l.-i-ila-g .............. at the premises located at .... .~L~.....R~.,~R...0,W
........ ~f.f...N~o,.~(ar,u..l~macl .................... Street East ~,iarion N.Y.
Map .......................................... Block ......................................... Lot .................................................. is
~z~i~~ disapproved on the followinF grounds ................. .~..Qk...Q~....~ED.U.a~i
.... .a...c..c...e...s...s. ................ .s..e...c..~ i .o.~... 2.~..0..-,..a. ........ ~.o.~a...~a~ ..........................................................................
Building Inspector
FORM NO. 1
'laWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Examined ........................................ , 19 ........
Approved ........................................ , 19 ........ Permit No .............................
Disapproved o/c ..............................................................................................
Application No .............................
(Building Inspector)
APPLICATION FOR BUILDING PERMI'I' ,,~Z ' /
_ /7~/7o
Oate .................................. .t..... ................... , i~ ............
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 T)r
areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this ~applicotion.
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 oltera~s, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordi~,r~ces, building co~, h,c~sing coc~/~opd regulations.
.............................
(Sig~bture of applicant,,or r)Cj~e, if a corporation)
State whether op~essee, agent, architect, engineer, general contractor, electrician, plumber or builder.
:: :: :: :::::::::::::::::::::::::
(Name and title of corporate officer)
1. Location of land on which I~'oposed work will be done. Map NO.: ........ -, ..................... , ........ LatVia.: _....~. ............ ~...
Stre~ and Number ..~.~.~.~....(~,..~,.....~..~C....~....~~
~ ~ Munici~li~
~. ~,~,e e~,~,,~ .se ~ o~c~,~,~,o,,~e~ ~,~ ~,e.d~, .~e ~, oc~u,~, o,,ro,o~ ~o.st~u~,,o~:
~. ~,~,,n~.~.~ ~.,~ ....... ~..~,.....:...,.'"'
~ ..... ~.~.~ .....................................................
-- ..........................................
3. Nature of work (check which ap~ble): New Building .................. Addi~lj
Alteration
Repair ....~.~ .......... Removal .................. Demolition .................. f)ther Work (Describe) ........................................
4. Estimated Cost ~...~ ~. ~ ~ ~, Fee ~
(to be paid on filing this application)
5. If dwelling, number of dwelling units ............. ~. ............ Number of dwelling units on each floor ............................
If garage, number~rrs ................. ~ .........................................................................................................................
6. If business, commercial or mixed occupancy, speci~ nature and extent of each ~pe of use ............................
7. Dimensions of existing structures, if any: Front ~ ....... Rear ' Depth
Height ................ .: ...... Nu~er of Stories ..................................... ~ .......................................................................
Dimensions of same structure with alterations or additions: Front .................................... Rear .~ .......... m ...........
Depth .....~ ................ ~ ....... Height .......... ~...Number of Stories ................................
8. Dimensions of entire new construction: Front ............. ~ .................. Rear....~ .............. D~th
Height .................... Number of Stories ................................ ~ .................................................................................
9. S,ze of lot: Front ...... 4.~...~ Rear .................................... Depth ...... Z......~. ..............
10. Date of Purchase ..................... .....................Name of Former ~ner .'~../.~....~ ......
or use district in which premises are situated ........... ~ ......................................................................... ~.. ......
1
1.
Zone
12. Does proposed construction~oto ~ny~i~inonce or re~ulotm~ ' ~ZZ'"~ ...........
13. Name of ~ner of.premise~....~..~rAddress. . / r /~.-.-----~.,...... r,,u.~
Name of Arch.tec~:t .......... ::.:.....:..:; ....... ~.x.(.~,~Z..A~ress ,?. ~, { -~ ...... Phone ~
, ~ X~ :, ........ _ ....
Name of Contracto :~..~,,:'~Z~.(~,~~ C.~Address ........... '.: ............................... Phone "~
PLOT DIAG~M
L~ate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-~ck dimensions from
prope~ lines. Give street and block number or description according to deed, and show street names and indicate
whether interior or corner lot.
STATE OF NEW~,YORK, I e e
couN .............
.................... ~...,~......¢~-C..~,~...,~ ..................... being duly sworn, deposes and says tha¢ he is the aoDlicant
(Nam~ o~j~'dividual signjJ~ apf~/lication) - --
above named He s 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; and
that the work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this
.... ....... day of ................ , ,t '"
...... ..... ....................
~IOTARY pUBLiC, State of l'~ew York
No. 52-8125850, Suffolk Co~Y
~'~rm Expires March 30, 19,~.
Iron