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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