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HomeMy WebLinkAbout1381 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~G BOAI~D OF APPEALS Appeal No. 1381 Dated October 22, ].970 ACTION OF THE ZONING BO~ OF APP~S OF THE TOWN OF ~UTHOLD To H~old E. · Alv~ B. Goldsmith Wells Avenue B~hold~ New Yo~k AppeHant 1970 at a meeting of the Zoning Board of Appeals on November 12, 1970 was considered and. the actiou indicated below was taken on your (X) Request for variance due to lack of access to property ) Request for a special excepti0[~ under the Zoning Ordifiance ) 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 the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7'-bc5 P*~e (I~oSoTe), UpOn applioatiou o£ 'I/~old E. and Alvah B. Goldsmith, Wells Avenue, Southold, New York, for approval of aoeess Qver private right-el-way, in acccedanoe with the State of New York Town Law, ~ection 280A. Location of property: private right-of-way off north side af Middle Road (0R27), Peeeaic, New York, bounded north by H. & A. Goldsmith, east by Peconis ~eoper~ies ~nd Henry Reistman, south By Kiddie Read (0R27), ~est by-C. Diller otlxers. F. ee paid $5.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) prgduce hardship because 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 ~oecanse REVERSE (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 ( ) be denied and that the previous decisions of the Building Inspector ( ) be comfirmed ( ) be reversed. REVERSE FORM ZB4 ZONING BOARD OF A/~EALS MarJo~ie McDermott, Secretary Southold Town Board of Appeals After investigation and inspection the. Board find.s that the applicant requests permission for approval of access over private right-of-way in accordance with the ~yate of New York ~own Law, ~ection 280A. A right-of-way borders the easterly line of the property of Diller, and has been used for over twenty years. ~hen property was sold to Diller, Harold E. amd Alvah E. Goldsmith retained right-cf-way over easterly property of Diller. The applicants propose to sell the property to one individual who wishes to build a house on it. The flight-of-way is 10 feet wide, andoff the north side of Middle ROad (CR27), Peconic, New York. The Board finds that strict application of the 0~dinance would produce practical difficulties or u~necessary ha~dship; the hardship created is unique and would not be shared bY all properties alike in the i~aediate vicinity of this property and in the sa~e use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the 0~dinance. ~RE, IT ~ I~ESOL~ED Harold E. and Alvah E. Goldsmith, l~ells Avenue, ~outhold, Naw~Yo~k, be GRA~TED approval cf access over private right-of-way as applied for. Location of property:, private right-of-way off north side of. Middle Road (0R27), Pecontc, New York, bounded no~th by H. & A. Goldsmith, east b~ Peconlc Properties and Henry Reich~an, south by l~iddle Road {OR~7), west by C. Dlller & others. This approval of access is GRANTED subject to the following conditions.' Applicant ~ust produce Deed showing that 10 foot wide right-of-way bordering the easterly line of property of Diller does exist. 2. ~t is understood that one residence ~y be constructed on this property. That the right-of-way be i~proved to the satisfaction of the Building Depart~nt in order to provide for access of e~rgency vehicles such as fire trucks, a~bulances. This action to become final when the applicant produces Deed showing proof of existence of 10 foot wide right- of-way. Vote of the Board: Ayes:- Messes: Gillispie, Bergen, Hulse. %EGAZ 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 Yorks public hearings wilt be held by the Zoning Board of Appeals of the Town of Southold~ at the Town Offices Main Roads Southoldr New York~ on November 12~ 1970 on the following appeals: 7:30 PoMo (EoSoTo)~ upon application of Herbert Ac & Margaret Jo Fishers 245 Youngs Avenues Mattituck~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 300~ Subsection 6~ and Article III Section 309~ for permissi~n to locate accessory building in front yard area° Location of property: north side of ¥oungs Avenue= Mattituck~ New York~ bounded north by Deer Park Subdivisio~ east by Barbara To Starzee~ south by Youngs Avenue~ west by Harry Tuthilla 7:45 PoMo (EoSoTo)s upon application of Harold Eo & Alvah B, Goldsmiths Wells~Avenues Southold~ New York~ for approval of access over private right-of-way in accordance with the State of New York Town Law~ Section 280Ao Location of property: private right-of~way off n~rth side of Middle Road ~R27)~ Peconic~ NeW Yorks bounded north by H.&Ao Goldsmith~ east by Peconic Properties & Henry Reichmans south by Middle Rosd ~R27)~ west by C. Diller & otherso THE SUFFOLK TIMES LEGAL NOTICE Notice of Hearings Pursuant'to ~ction 267 of the Town Law andilhe provisions of the amended Building Zone Ordinance of the Town of South- old, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York, on November 12, 1970 on the following appeals: 7:30 P.M. (E.S.T.), upon ap- plication of Herbert A. & Mas- rarer J. Fisher, 245 Youngs Ave- nue, Mattituck, New York, for a variance ia accordance with the Zoning Ordinance, Article I11, Section 300, Subsection 6, and Article Ill Section 309, for per- mission to locate accessory build- ing in front yard area. Location of property: north side of Youngs Avenue, Mattitock~ New York, bounded north by Deer Park Subdivision, east by Barbara T. Starzee, sodth by Youngs Ave- nue, west~by Harry Tuthill. T:~J.~i~,.~.°(E.$~T.), upon ap- pli¢t~6Ii of Harold E. & Alvah B. Gold'~mith, Wells AvenUe, South- old, N(w York~ for approval of access over piivate right-of-way {n accordanee'-with the, State of New York Town Law, Section 280A. Location of property: pri- LEGAL NOTICE vote fight-of-way off north side of Middle Road (CR 27), Peconic, New York, bounded north by H. & A. Goldsmith, east by Peconic Properties& Hem'y Reich- man, south by Middle Road (CR 27), west by C. Diller & others. · 8:00 P.M. (E.S.T.), upon aW plication of Kenneth Sehold, So- undview Avenue, Southold, New York a/c Samuel S. Cohen, Lee- too Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6 & Article Iii, Section 309, for permission to locate accessory building in front yard area. Lo- cation of property: north side of Leeton Drive, Southold, New York, bounded north by L.i. Sound, east by Jeanne C. Lowell, ,south by Leeton Drive, west by G. R. Goldner. 8:15 P.M. (E.S.T.), upon ap- plication of Catherine K. Phillips, Bay Avenue, Matfituek, New York, for a special exception in accordance with the Zoning Or- dinance, Article Ill, Section 300, Subsection 5 (a), for permission to reinstate use of two (2) fam- ily dwelling as a non-conforming use. Location 'of property: west side of Bay Avenue, Mattituek, New York, bounded north by Ernest Wilsberg, east by Bay Avenue, south by J.A. Hailoek, west by F. & J. Pumilin. 8:30 P.M. (E.S.T.), upon ap- plication of Edward & Shirley Pultz, 9th & Wiggins Street, Greenport, New York, for a var- iance in accordance with the Zoning Ordinance, Article Ill, Section 303 & 307, and Article X, Section IO00A & IO00B, for permission to convert non-con- forming building intO one family dwelling with insufficient side yard and lot area. Location of' property: northeast corner of Wiggins & 9th Street, Greenport, New York, Map No. 548, S. Bud Corwin, lot Nos. l I & 12. 8:45 P.M. (E.S.T.), upon ap- plication of Saivatore Vindigni, Gillette Drive, East Marion, New York, for a variance in accord- ance with the Zoning Ordinance, Article Ill, Section 307, for per-. mission to construct addition to existing dwelling with insuffi- cient side yard area. Location of property: west side of Gillette Drive, East Marion, New York, Subdivision Map of Marion Man- or, LOt No. 19. 9:00 P.M. (E.S.T.), upon ap- plicatinn ~ Frank Gonzalez d/b/a Townsend Manor Inn, inc., 714-- 726 Main Street, Greenport, New York, for a special exception in LEGAL NOTICE for permission to use premises. for new and used car lot. Loca- tion of property: north side of Main Road (Route 25), Green- port, New York, bounded north by land of the V'dlage of Green- port, east by Fred Hulse, south by Main Road (Route 25), west by land now or formerly of Jas- ter & Benjamin. 9:30 P.M. (E.S.T.), upon ap- plication of Smithtown's Hi- Signs, Inc., 564 Jericho Tpke., SmithtoWn, New York, for a special exception in accordance with the Zoning Ordinance, Arti- cle IV, Section 408 (a), for per- mission to erect on premises ground sign with excessive height and area. Location of property: south side of Main Road, Green- port, New York, bounded north by Main Road, east by Brown- Giovannelli, south by Raih'oad, west by Gladys Csajko. 9:45 P.M.(E.S.T.), upon ap- plication of Smithtown's Hi- Signs, Inc., 564 Jericho Tpke., Smithtown, New York, for a special exception in accordance with the Zoning Ordinance, Arti- cle IV, Section 408 (a), for per- mission to erect on premises ground sign with excessive height and area. Location of property: north side of Main Road (Route LEGAL NOTICE 25~ Greenport, NewYork,bound- ed north by land of the Village of Grcenport, east by Fred Hulse, south by Main Road (Route 25), · west by land now or formerly of Jester & Benjamin. Any person desiring to be heard on the above applications should appear at the time and place specified. ' Dated: October 22,1970 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS accordance with the Zoning Or- POLK, dinanCe, Article 111, Section 300, ~rORK, ~ ss: Subsection I0, for permission to J erect an off-premises directional sign. Location of property: land ?...: .~.'~.. e~ ,.~.~ .~.~.%~. .... bein!; duly Sworn, of Andrew Cassidy, south side of MainR6ad,Greenport,NewYork, is Printer and Publisher of the SUFFOLK bounded north by Main Road, east by Dri-Gen Realty Corp., newspaper published at Greenport, in said sooth by L.l. Railroad, west by Fleet Lumber Company. e notice, ,of which the ,annexed is ~ printed 9:15 P.M. (E.S.T.), upon ap- dished in the said Suffolk Weekly Times plication of Leo Sterulicht, Jr., ~_ Route 58, Riverhead, New York, tt~r ....... ~ (-· ~- .............. week~ for a special exception in ac- ,ncin.q on the .~Lc~L~.~ ............. cordance with the 'Zoning Ordi- ' .......... nance, Article IV, Section 400, ~.~-.' ...... Subsection 1, and Article IV A, · Section 420, Subsection 2 (d), Sworn to before me this .. day of .. . ........... ~ "'~mrch 30, 19~]i NOTICE OF HEARINGS Pursuant to Section 267 al the Town Law and the provisions of the amended Building Zone Ordinance of the Town of South- old, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, N(W York, on November 12, 1970 on the following appeals: 7:30 P, M. ~EST~, upon ap- plication of Herbert A. & Mar- garet J. Fisher, 245 Youngs Ave- nue, Mattituck, New York, lor a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 6. and Article III, Section 309, fei' per- mission to locate accessory building in front yard area. I~- cation of property: north side of Youngs Avenue, Mattituck, New York. bounded north by Deer Park Subdivision. east by Bar- bara T. Starzee, south by Youngs Avenue. west by Harry Tuthill. 7:45 P. M. (ESTL upon appli- cation of Harold E. dr Alvah B. Goldsmith, Wells Avenue, South- old, 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: pri- vate right-of-way off north side of Middle Road ~CR 27~, Peconic, New York. bounded north by H. & A. Goldsmith. east by P¢conic Properties & Henry Reichman, south by Middle Road (CR 27), west by C. Diller dr others. 8:00 P. M. (ESTI. upon appli- cation o~ Kenneth Schold, Soundview Avenue. Squthold, New York a,c Samuel S .Cohen, Leeton Drive. Southold. New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 300, Subsec- tion 6 & Article III, ~ection 309, for permission to locate accessory building in front yard area. Lo- cation of property: north side of Leeton Drive. Southold, New York, bounded north by L. I. Sound, east by Jeanne C. Lowell, south by Leeton Drive. west by G. R. Goldner. 8:15 P. M. lEST), upon appli- cation of Catherine K. Phillips, Bay Avenue, Mattituck, New York, for a special exception in accordance with the Zoning Or- dinance. Article III, Section 300, Subsection 5 (a), lor permission to reinstate use of two (2) family dwelling as a non-conforming use. Location of property: west side al Bay Avenue, Mattituck, New York, hounded north by Ernest Wilsberg, east by Bay Avenue, south by J. A. Halleck. west by E. dr J. Pumillo. 8:30 P. M. ~ESTI, upon appli- cation of Edward dr Shirley Pultz, 9th ' dr Wiggins Sh'eet, Oreenport, New York, for a vari- ance in accordance with the Zon- ing Ordinance, Article III, Sec~ tion 303 dr 307, and Article X, Section 1000A & 1000B, for per- mission to convert non-conform- lng building into one [amily dwelling with insufficient side yard and lot area. Location of property: northeast corner of Wiggins & 9fl- -'feet, Oreenport, New York, M to. 548, S. Duel Corwin. lot No~. 11 dr 12. 8:45 P. M. lEST), upon appli- cation of Salvatore Vindigni, Gil- lette Drive, East Marion. New York, lor a variance in accord- ance with the Zoning Ordinance, Article III. Section 307, for per- mission to construct addition to existing dwelling with insuffi- cient side yard area. Location of property: west side of Gillette Drive, East Marion, New York, Subdivision Map of Marion Man- or, Lot NO. 19. 9:00 P. M. (EST), upon appli- cation of Frank Gonzalez d/b,a Townsend Manor Inn, Inc., 714- 726 Main Street, Greenport. New York, Ior a special exception in accordance with the Zoning Or- dinance, Article III, Section 300, Subsection 10, for permission to erect an off-premises directional sign. Location of property: land of Andrew Cassidy, south side of Main Road, Greenport, New York, bounded north by Main Road, east by Dri-Gen Realty Corp., south by L. I. Railroad, west by Fleet Lumber Company. 9:15 P. M. (ESTL upon appli- cation of Leo Sternlicht. Jr., Route 58, Riverhead, New York. for a special exception in ac- cordance with the Zoning Ordi- nance, Article IV, Section 400~ Subsection 1, and Article IV A, Section 420. Subsection 2 (d), for permission to use pa~emises for new and used car lot. Location of property: north side of Main Road (Route 251. Greenport, New York, bounded north by land of the Village of Greenport, east by Fred Hulse, south by Main Road (Route 25), west by land now or formerly of Jester & Ben- jamin. 9:30 P. M. (EST), upon appli- cation of Smithtewn's Hi-Signs, Inc., 564 Jericho Tpke., Smith- town, New York, for a special exception in accordance with tbs Zoning Ordinance, Article IV, Section 408 (a), for permission to erect on premises ground sign with excessive height and area. Location of property: south side of Main Road, Greenport, New York, bounded north by Main Road, east by Brown-Giovan- nelli, south by Railroad, west by Gladys Csajko. 9:45 P. M. (EST), upon appli- cation of Smithtown's Hi-Signs, Inc.. 564 Jericho Tpke., Smith- town. New York. for a special exception in accordance with the Zoning Ordinance, ArticIe IV, Section 403 ia). for permission to erect on premises ground sign with excessive height and area. Location of property: north side of Main Road (Route 25), Green~ port. New York, bounded north by land of the Village of Green- port, east by Fred Hulse. south by Main Road (Route 25), west by land now or formerly of Jes- ter & Benjamin. Any person desb'ing to be heard on the above applications should appear at the time and place specified. DATED: OCTOBER 22, 1970 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ~OUNTY OF SUFFOLK ) ;TATE OF NEW YORK? ss: C. Whitney Booth, Jr., being duly swc ~hat he is the Editor, of THE LONG TRAVELER - MA'I-I'ITUCK WATCHMAN, a pubi paper prJnted at Southold, in Suffolk County; the notice of which the annexed is a printed copy, published in said Long Island Traveler-Mattituck man once each week for successively, commencing on the ................... ?..... day of ........... ~...O('~.:. '~/]'..'.-'', .......................... Sworn to before me this .................... ......... 19.,.'.¢,/ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLDo lq. Y. i~OTICE OF DISAPPROVAL File No .................................................................. Date ......................... ~.....~........~... ..... 19. ~.....~ ~o ...l.(..~.g ....... C~.~...~~ ...................................... .~..:,~.'. .......................... PLEASE TAKE NOTICE that your application dated .................................................. 19.~....~. .................................. ~ . .~ o~ ~,.~ .................. ~....t.~....., ............... ~ ........... , .......... ~~ ~ap .~ [... ~ ...... B~oc~' ~ .............. Lot ,~r~ hc.~,~,w~th ~d d~sap~oved o~ the ~o~ow,n? g~-ou~,.d.~ ....~...4..~:..~.T-. ...................... .~...a_...~.~......,. ............... ~~....~. ....... ~.~ ~r'~.~ ~ 7~,~ TOWN OF SOUTHOLD, NEW YORK APPE^, FROM DEC,S~ON OF BU,LD,NG ,NSPECTOR ^PP~,_NO. i~St D^T~~../.~Z.~ TO THE ZONING. BO,~D~OF A~PE~LS,~WN O F S~THOLD,~ ~ .............. .......................... .... ............................................ ................. ............ Municipali~ '~ote THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING ~NSPECTOR ON APPLICATION FOR PE~IT NO .....................................' DATED ................ ~..r.a/; ...... ~ ....................... WH~Y ~H~ ~U~ ~N~ p~?~ ~ _ ......................... _ ~ ~ ~N~,~ ~ A~i~ant ~ perm~ ~~ of ~ Y ~' ~~'~ ~ -~. !, ~..~,~...., ................~ ........................ ~ ........... Street and Number MunJcipali~ ' S[~?~ ......... ( ) PERMIT TO USE ~ ~ .~MIT FO~ OCCU~N~ ~. LO~TION OF THE P~OPE~ ............................ ,~, .~ ........................ Street /~ U~ Di~r~ct on Zoni~ M~ 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 Ordinance.) 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 appeol~_~m~ (has not) been made with respect to this decision of t~ne 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 ...................................................................... ( ) ( ) P~EASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that FOrth ZB1 (Continue on other side) REASON FOR APPEAL COntinued 1. STRICT APPLICATION OF THE OI~DINANCE would produce p~actical difficulties or unneces- 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NE.~/ YORK )  )ss COUNTY ~'~! 'f ~ ' ) Signature Sworn to this ............ .~.~.~. ................... day of ........ · -.~...~~ ..................... 19 c~Notary Pub ic ELIZABETH ANN 'NEVILLE NOTARY PUBLIC, stere of N~' York No. 52.8t25850, Suffolk Term Expires March 30, IPOB, M NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ............................. Disapproved a/c .............................................................................................. Application No ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Dot, ...................... ........... . ,9? ..... INSTRUCTIONS a. This application mus~ be completely filled in by typewriter or in ink und submitted irt d~plicate to the Building Inspector. b. P at plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving o detailed description of layout of property must be drawn on the diagram which is p~rt 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 tc 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 othe, 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 cf applicant, or name, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder, Narne of owner of premises ....... ~~,.~.~6~.~~ ................................................................................. If applicant is a corporate, s!gnature of duly authorized officer. (Name and title 'of corporate officer) 1 Location of land on which proposed work wil be done. Mop No.:,..~; .................................. .~Lot No.: ....; ................... Street and Nu,,~u=r ..... ',.:;.:..... ....................... /-.: ..................... :..' ................................................................................. Municipality 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 occur:an=, . ......... ;~ ........................................................ ~ ..................................................... ..... 3. Nature of work (check whici~ applicable): New BuiJding .................. Addition ................. AJteration .............. Repair ................... Removat .................. Demolition .................. Other 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 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 a.lterctions or additions: Front ....... : ............................ Rear ........................... Depth ................................. Height ........................... Number of Stories ................................ 8. Dimensions of entire new construction: Front .................................... Rear ............................ Depth i ....................... Height ..................... Number of Stories ...................................................................................................................... c). Size of lot: Front ........................... Rear .................................... Depth ................................ ]0. Date of Purchase ......................................................... Nome of Former Owner ....................................................... 11. Zone or use district in which premises are situated ..................................................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ............................................................ 13. Name of Owner of premises ........................................ Address ............................................ Phone No ..................... Name of Architect .......... ; ........................................... Address ............................................ Phone No ...................... Name of Contractor ................................................... iAddress ............................................. Phone No .................... PLOT DIAGraM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and Nock. number or description according to deed, and show street names and indica'i'e ,vhether interior or corner Jot. STATE OF NEW ~)R~,,~ },,., COUNTY OF ...................... ~..~..,~..~..t~_~. ....... being duly sworn, deposes and says that he is the applicant (Name of individual signing application) ' above named. He is the ................................ ..~. ~.~:7~¢~.. .............................................. '~ ....................................................... (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 a.nd file this opplicotion; that all statements contained in this application are true to the best of hi's knowledge and belief; and tk, a~ the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~ ELIZA~£TN A~ NEVILLE NOTARY PUBLIC, State of N~w Ne. 52.8125850, Suffo ~ ~n,,n,~ Term EXp res ~rch 30, Coun~,~~_~ (Signature of applicant) January 18, 1971 ~r. Harold & Alvah Goldsmith $outhold~ N.Y. Gentlemen$ After reading the deed tovering the access to your property on L.I. Sound~ Peconic~ NEY., and my conversation with Mr. John Diller REs maintaining same it quite clear that you do have the right to maintain this right of way as outlined in the deed and keep it passable for emergency vehicles etc. Yours truly Building Inspector ~ir. Barold & ~vah 6olds~ith 3outhold ~ N,¥o GentlemenI At the Board of Appeals meeting last night (Nov. 12th) approval of ~ccess to your acerage on L.I.$ound, Peconic, N.Y., was granted rot the construction of a one family dwelling. Conditions of granting this a~proval weres use of the described right ~f way in your deedt improvement of same to be suitable access rot all emergency vehicles by cutting back overhanging limbs, branches brush etc and filling in holes, depressions, low wet sopts with bank run gravel & sand and making the roadway passable at all seasons of the year. Yours truly Building Inspector.1 party of the first part, and ~ and M~I, ROSE$. DILLv~RL both reeldin~ at Pass,ties Suffolk County, New York, party of the second part, WITNESSETH, that the party of the first part, lu consideration of .-. ........................... limo.)---,---,, ................. ,---:- ....... dol~s, law/ulmo~ey of the United States, 8ad other i/Dod and val~ble Conmider~tions paid by the party of the second part, does hereby grant and release unto the party of the ~cond part. the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being~ at Pe~onlc, in the Toms of So~thold, Co~nl~ of Suffolk and State of Ne~ Yorl~s bounded mild das~lbed a~ follomat BEOI3NI~O at a point marked by a monument on tl~e northwesterly line of North Road (mlllch point is the northeasterly corner of the premi~as herein described and the southeasterly corner of land of BledJeski); RUNI/IN~ thence alan~ the nox~chwesterly line Of North Road, mouth ~9 d~reas 27 minutes O0 seconds ~ast, a distance of 572.9~ feet to a pmiltt marked by a poet and land of Dltler; TIt~N¢~ alon~ said le~d of Dlllers the follemin5 courses end dimta~es; (1) North 48 deEVees 10 minutes O0 seconds wests a diet~t~e of ll?l.SO feet; North 4? deEreea 35 minutes 20 seconds west, a dlat~lee of ~64.~3 feet; (3) North 47 deareea ~9 minutes 10 seconds west, a dlstmiem of ?04.~0 feat; a~td (4) North 4? d~ree~ 5,~ minutes ~ second~ ~sts a diatasas of 1~06.85 feet; ilt~NC~ in a northeasterly direction elon~ other land of Goldsmith, north 49 dei~reea 08 minutes O0 aeaonds east, a distance nf 4~8.56 feet to a point ~arked by a pipe and land of 81edJe~kl; TH~NC8 alone sa~d land of SledJeekis the folloming six eom'see and dhttances; (1) ~outh 49 deEreea 02 ~lrsates 50 ee~ond~ .east, a diatml~ of PA?8,~ feet; (~) south 48 deEreea 31 minutes ~0 aecanda east, a distance Of 6T/,O1 feet; (3) mouth i~ de~l~es 58 minutes O0 seconds eaat~ a distance of ~.3 feet; (4) south 43 de~eee Ol minute O0 seconds easts a distance Of 4;~1 feet; (6) south 46 de~eea E9 minutes O0 seconds east, a distance of 106.5 feet; and (d) south 4? deEreea 46'minutes O0 sasonde east, a distance of 699.15 feet to the point or place of bei~innlnf;. ~ SUI~CT TO AN ~SBUR/T or rlF~ht of may. heretOfOre Et'anted to the Lm~ Ielend LlghtinS Company for the purpose of oonatrustin~ end mtntaintn~ an eleetl'is t~amo- ;, nlealon line over pa~t of asldPs, emiaea, RBSBRVXtt9 howevers to Harold E. Goldasith end Al¥~h B, Goldsmith their heirs, lesal repreeentativea and ama~nss the ~lEht to ~e uae of a ~ ~dth exten~ ~m the no~th~t~ line of ~r~ Roads no~h~ly al~ the northassCe~ly line of the pr~m~ a~e dsa~b~ ~ oth~ l~d of ~e said Ha~ld Said rlEht-o~-~ay shall include a ten foot clear, ce to the east of the Ll~httn~ Company transmission ~ow~', ~aid ten foot clearanas bel~ more pmrticulml'ly des- erlbed aa follows: The ~asterly line ehall comen~e at a point eli the easterly line of said rl~;ht-of-tmy, mouth 49 de~ 09. sin 60 see ~at PASS.E6 feet f~om the pipe mark]~ the northeast corner-of the premises h~retltabove described; runntn; thence so.th 3~ del ~8 rain ~0 Ill. Bast I~O.~T feet ~ ~e ~te~ly p~t of the of-~y la ten ~e~ weate~y of aald ~erly Rosa0 h~a UX£O, in deed dated AUlGUSt ~s 1953 end rooordod In the Suffolk County Cler~"$ orfl,e in liber a~ ,pa~e ~, said Fi~hC-of-ee~ huv~r~ this d~y been altered aa to course and loeatiou b~ ~ho parties of the tl~st pert and the consents of Walter R~ md Sol~ta llo~a~ his vile) end tho Southold Sevln~a ~ank) I~ ~aetru~ants to bo re~ordod aimltaneously ~ith this deed, ~JB~BCT, HOwEVEr, ~o the eondit4on t~mt in the ov~t a publl~ ~ ~11 bo dir~tion the rl~ht to t~ ~e or no m~ of s~d ~Shtm-of-~ as ~ bo ~th~ly of s~d p~lic ~h~-of-~ 8~11 Cheapen o~oo ~d Camille, © TOGETHER with all right, title and interest, if any, of the party ~f the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof, TOC.~ETHF.~ with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second pan, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such ,consid- eration as a trust fund to be applied first for the purpuseof paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: Fms~.- -ThatconveySaidthePan, YsameOf; the first part is seized of the said premises in fee simple, and has good right to S"cosD.~That the party of the second part sbail quietly enjoy the sald premises; Tmv~.~That the said premises are free from incumbrances, except as aforesaid; Fo~m?~.~--Thattitle totheSaidPartYpremises°f the; first part will execute or procure any further necessary assurance of the Fl~n. That Said pasty of the first part will forever warrant the title to Said premises.. . The word "party" shall be construed as if it read "parties" whenever tile sense of this indenture so requires, IN WITNF,85 WHER£OF~ the party of the first part has duly executed this deed the day and year first above w,n.'tten. line oF s~d flSh~*of ~ ~d ~ ~d, of 81~Je~l ~ ~aC~ly l~e oF o~d rl~ Roes, Ma wire, In d~d da~ A~t S~, ~ ~d r~r.d~ tn ~ S~o~ C~ Clerk's Office In l~r ZS~ .~o ~3~ ~ald rl~f-~ ha~ th~8 ~ h~ alte~d ao to oo~so and l~at~, by ~ho p~le8 of tho ~ p~t ~d ~o c~ts of ~1~ ro~ sXnl~n~usl~ ~A ~his d~d, SU~TI~CT, HO~BVBI~, to the eon~ttton that in the evmt a public ~ ~ll be titration tho ~iSht to of m~d p~l~e -3- That the garage Be located at least 20 feet from Ma~k Road in the Backyard area as determined by the original front yard, which was on Youngs Avenue. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Rulse. PUBLIC l~AR33~O: Appeal No. 1381 - 7:45 P.M. (E.S.T.), upon application of Harold E. &AlvahB. Goldsmith, Wells Avenue, Southold, New York, for approval of access over private right-of- way, in accordance with the State of New York Town Law, Section 280A. ~ocation of property: Private right-of-way off north side of ~iddle Road (0R27), Peconic, New York, bounded north by ~, · A. Goldsmith, east by Yeconto Properties and Henry Reichman, south By Middle Road (CR27), west by 0. Dtller & others. Fee paid The Chairman opened the hearing by reading the application for approval of access, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CRAIR~LA2{: Is there anyone present who wishes to speak for this application? ALVAIt GOIDSM1TH: I would like to speak for it. I would like to say it was left to me and m~brother. There was a house that we, as a family, rented for many years dating Back to 1918. Some of the property up there was sold (we own it). T~E ORAIRMA~: How deep does you~ property extend back from high tide? MR. GOLDSMITH: The area is a little over nine acres. We owned a farm in the 40is before zoning. What was the total acreage of the farm, 50 ER. GOLD~MITH: That was the original total. THE CHAIRMAN: When you sold to Diller I understand you retained a rift-of-way over the easterly border of the property. MR. O0~DSM1TH: At the time this was subject to change; if, as and when it might be advantageous to have it in another location but that was never exercised. It was discussed at the time the property was sold But it never came to pass. It was Just idle conversation, THE CttAIRMAN: This is the only possibls way you have to get to this property. It is 10 feet wide and measures a mile and one- tenth. Iris a tough road. Now you want to sell this whole nine acres TBE CHAIR¥~.N: acres? to one individual? Who is the individual who has the place now? 1~. GOLIX~IITH: M~o Hoss~ my property on the east. He has a right-of-way over the same road but Just uses it in the sum~m~r. TI~ OBAXRI~AN: This right-of-way wanders off the line. You know one thing we canlt do is g~ant a right-of-way over someone else Ss property. ER. GOL~M1Ttt: You mean you would require a copy of the Deed? TBE Ot~AIRMA~: I think it should be in the record. The only thing we can grant is what is in you~ Deed. Even doing that we are vax~ying the State law somewhat, which we have the power to do. The ~tate law requL~es 16 feet. ~. GOLI~MITH: ~P~en did it go into effect? It seems strange to me that at the time the papers were drawn up we were not aware of that fact, rega~ding width and right-of-way. That was before zoning° T~E CItA~V~J~ I was wondering what the thinking was when you sold it in regards to passing. You could not pass two vehicles on a 10 foot right-of-way. I~. GOLD~I~ITH: There a~e several turn-offs. upa ER. RUr,~E: If a fellow owaed the property and wanted to put fenoe~ that would be the end of the turn-offs. I~. BERGEN: Lots of pisses are eight or ten feet from the road. ER. GOLDSMITH: At the time the Deed was d~awn it was understood that there would be a 10 foot right-of-way. I donlt know when the exact boundaries were delineated. I wish I had known this was required. T~E CHAPMAn: Whatever action we take will be subject to your producing the Deed. (The Chairman read from the rules: "No permit shall be issued unless street or high altitude, etc."). ER. GOI21~MiTH: That applies to subdivisions. T~E CttAIRMA~: (continuing to read "where it would produse un- necessary hardship the applicant may appeal to an Administration officer, Building Inspector, etc."). That is the authority under which we are operating here. I can remember when 280A was origi- nally put in, and I have been dealing with it since 1966-67. ER. TERRY, Building Inspector: It was in longer than that and nobody paid much attention to it until banks and city lawyers became interested in it. 1~. GOLDtM1TE: (Referring to ~p) This is something that has been proposed for Just so re, ny yeax-s I hesitate to bring it up. There is a road going from ~oundvtew Road and connecting with O~egon. Apparently itts on the map now in which case iris a right-of-way. Henry ~mith has a certain a~ea there. This is, I would say, more than one-half way from existing roads to our area. THE CHAIBJl~l~ Eow much further do they have to go? I~. GOLDSMITH= I think one or two farms. There is a road now that goes up to Vails Road. THE CHAIRMAN: Is that a Tows Road. I~. TERRY, Building ~nspector~ It will be eventually. FA~. GOLDSMITH: (Discussing the map with the Board members) This dotted line shows two roads; two separate roads eventually going through there. This was originally proposed connecting with go~dview and O~egon. THE CBAIR~.. property. couple of thousand feet to get to MR. GOLDSMITH: This line will go through the middle of it. I~A~. HAROLD GOLDSI4~T2H~ If and when that highway went through we would give up our right-of-way to N~th Road. THE CHAIRMAN: I wonder if that should not be inserted in the action of this Board. It will have to be improved, and the only thing we can approve is the area under discussion, subject to inspection of the Building Department. I would think you would have to get a bulldozer in and take down the hedgerow. I~. H. GOLDSMITH: Mr. Diller is supposed to maintain the right-of-way. THE CHAIRMA2~: I presume you are asking for access because you a~e going to sell. MR. A. GOLDSMITH: The people who are interested are interested because they want to build a house on it. There is Just one man. THE CHAIRMA2;: Is there elestricit~y? MR. H. GOLDSMITH: Yes; and telephone. THE CHAI~J,~2~: It has to be suitable for emergency vehicles; fire trucks, ambulance, etc. -6- I~R. GOLDS~ITH.. I can only say I assume from what I heard that the prospective buyer has been up there many times and is willing to proceed if he eau get permission to build a home. So, we are here to comply in any way we can with whatever rules and regulations there are. This situation has existed from a long time ~efore regulations. T~E CI~AIRMA~: We cantt ~e put in the position of g~anting a right-of-way over somaone elsets property. I~R. GOLDSMITE= Would the width or the location of the r~ght- of-way have any ~ea~ing? The fact that the right-of-way has ~een 10 feet wide for ove~ twenty years and that it was prior to zoning, would this ~ve any ~e~tng? T~ C~ I think It does but this ~n ~y want to su~- divide it so the rift-of-way Is a prelim. ~at ~ would ~ant would be 10 feet on t~ easterly line of the Dille~ property. ~. G0~DSMXTH= It is along the easterly line of the property. There is an existing right-of-way now. It can be sha~ed. T~E CHAIRMAN= We run into a situation.., there may be a tree so the right-of-way naturally goes around the tree. You may wander over on ~ossts property. I~R. GOLDSMITH= Ross is on the northwest corner. 1~. BERGF~= This property surrounds him? THE CBAIRI~= Bis property crosses your property? ~. GOI~DSMITH~ Yes. ~. H. GOLDSI~ITH: I suppose whoever buys it could make the access wherever he wants it. F~. BERGEN: The road has to be improved for fire trucks and ambulances. I~. A. ~OLDtMITH= They can,t go up there for the other people. These people have the same access as we do. 1~. HULSE~ They were there before we were responsible. Tt~E CHAIRI~= How many people use that right-of-way2 I~R. GOI~DSMi~H: Ross. He sometimes uses the access of Reichman. He has a friendly relationship. He goes that way sometimes. The fact of the matter is that the Diller~s are responsible and they would have to maintain that access in better form. There has been no fuss about it. THE CHAIRMAN= There will be a fuss now because this fellow wants to buy and will have to improve the right-of-way for fire -7- trucks and what he will have to improve is 10 feet. X think we should postpone d~cision until we see you~ Deed. 1~. GOLDSI~TH: I would be very happy to get it for you. 1~. ItULSE: Is it something that is pressing? Do you have the Deed at home? We could postpone until later this evening. 1~. GOIDSI~: I would have to get hold of Rennie Terry. believe he Bas a copy. THE Ct~A]I~MA~: I believe the Board is inclined to ant favorably but before granting we would have to see what we are doing. I~. GOLDSMITH= What would be the earliest action? THE Ct~AIRI~AN: We meet every three weeks but could grant subject to a defined right-of-way because if it is not defined, we would have to define it. T BE C~AIREAli: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission for approval of access over private right-of-way in accordance with the 2tats of New York Tows Law, Section ~§0A. A right-of-way borders the easterly line of the property of Diller, and has been' used for over twenty years. When property was sold to Diller, Harold E. and Alvah E. Goldsmith retained right-of-way over easterly property of Diller. The applicants propose to sell the property to one individual who wishes to build a house on it. The right-of-way is 10 feet wide, and off the north side of Middle Road (0R27), Peconic, New York. 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 sh~ved 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 O~dinance. On motion by I~. Gillispie, seconded by l~r. Hulse, it was RE2OLVED Harold E. and Alvah E. Goldsmith, ~ells Avenue, .~outhold, New York, be GRAI~TED approval of access over private right-of-way as applied for. I~ocation of property.' private right-. of-way off north side of Middle Road (0R27), Peconic, New York, bounded north by H. & A. Goldsmith, east by Peconic Properties & Henry Reichman, south by Middle Road (CR27), west by C. Diller & others. This approval of access is GRA~TED subject to the following conditions: -8- 1. Applicant must produce Deed showing that 10 foot wide right-of.way bordering the easterly line of property of Diller does exist. 2. It is understood that one residence may be constructed on this property. 3. That the right-of-way be improved to the satisfaction of the Building Department in order to provide for access of emer- gency vehicles such as fire trucks, ambulances. 4. This action to become final when the applicant produces Deed showing proof of existence of 10 foot wide right-of-way. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. PUBLIC ~ARING: Appeal No. 1382 - 8:00 P.M. (E.S.T.), upon application of Kenneth ~chold, ~oandview Avenue, ~outhold, New York a/c Samuel S. Oohen, ~eeton Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, A~ticle III, Section 300, ~ubseotion 6 & Article II~, Section 309, for per- mission to locate accessory building in front yard area. Location of property: north side of Leeton Drive, Southold, New York, bounded north byL. I. ~ound, east by Joanne C. Lowell, south by Leeton D~ive, west by G. A. Goldner. Fee paid $5.00. The Chairman opened the hea~ing by reading the application fo~ a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. T~E CHAIRMAN: Is there anyone present who wishes to speak this application? ER. EENNETH SCHOLD: I am here in reference to the application but have nothing to state other than what is in the application. Tf[E CBAXRI~qN: This is un application for an accessory build- ing in the front yard area. The back-yard area is Long Island Sound. There are other acoesso~ybuildings in the front yard area of Leeton Drive. THE CHAIRM&N: Is there anyone present who wishes to speak against this application? ~. BERGEN: Has the applicant thought of building an attached garage? ER. SGHOLD: It has been discussed. It's a personal thing. would probably be better attached because it would be in the building line. It TO~N OF SOUT~OLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 DATE: TO: FROM: SUBJECT: MEMO March 30, 1983 Henry Raynor, Chairman, Planning Board Victor Lessard, Executive Administrator R.O.W., C.R. 48 to property of Harold & Alvah Goldsmith located at Pe¢onic Referring back to Z.B.A. Appeal #13B1 with the Public Hearing on November 20, 1970, the R.0.W. that ran on the easterly border of Diller property, was retained by Harold and Alvah Goldsmith, when property was sold to Diller. Please note that in actuality this R.O.W. wanders and this is what was okayed by the Appeal Board subject to physical ok by the Building Inspector. On July 14, 1971, a letter by Howard Terry indicates he inspected this R.O.W. and found it improved and met the requirements of the Board of Appeals. Conversation between myself and Mr. & Mrs. Richard Green- field {prospective buyers of property at end of RoO.W., Tax Map # 1000-7B-4-2) resulted in the following agreements: Present R.O.W. will better requirements of subdivision be improved to meet or of 1970, before finalization Should R.O.W. be moved from present location, new R.O.W. will meet requirements of present day criteria. Here again, keep in mind, present R.O.W. wanders but is what was okayed. I hope this will be of some aid toward the Board's future determination on property where this R.O.W. is involved. \/ / ' .,:v~/ ,, / / / / ,