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HomeMy WebLinkAbout1298 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI{D OF APPEALS Appeal No. 1298 Dated October 23, ACTION OF THE ZOAqNG BOARD OF APPF~ALS OF THE TOWN OF SOUTHOLD To Henry J. Smith Robinsen Road Peconic, New York 1969 DATE ~Q.~)~r 13,1969 Appellant · at a meeting of the Zoning Board of Appeals on November 13 · was considered and the action indicated below was taken on your' (X) Request for variance du~ to lack of access to property ) Request for a special exception~ under the Zoning Ordinance ) Request for a variance to the Zoning Ordinance ) 1969 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 8~00 P.I~. (E.S.T.), upon application' of Henry J.' Smith Robinson Road,. Peconic; New York· for aptyroval of access over private right-of-way in accordance with the State of New York Town Law, Section 280A. Location of property: west side of Carroll Avenue and east side of Peconic Lane, Peconic, New Yor~, ~bounded north by L.R.R., east by Carroll Avenue, south by Lindaay, Smith & others, west by Peconic Lane. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because or unnecessary ~EE REVERSE (b) The hardship erealed (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 (would not) SEE REVERSE 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. FORM ZB4 SEE REVERSE ZONING BOARD OF APPEALS B~~o, Secretary ~Southold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission for approval of access over private right-of-way. The adjacent properties front on Town highways. Subject property fronts on right-of-way and wili' have no ingress or egress to either Peconic Lane or Carroll Avenu~ i~ this application is denied. In order for the owner of this lot to obtain a building permit, he must have approval of access from the Board of Appeals. It is the opinion of ~h~e Board 6f Appeals that to deny this application would be to deny the owner the use of his land. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardshi~ 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 district and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Henry J. Smith, Robinson Road, ~eqonic, New .York,.b~ GRANTED app~o~a~ 9f access over private right-of-way ~n a~cordancewith t~eState of New. Yor~ Town Law, Section 28.0A as,applied for on propertylocate~ betweenwest si~e of Carroll Avenue and east side of Pecpnic.Lane~ peconiq, New Y~r~,. s~bject to the rigbt-pf~way be%ng improved to the approval of the ~uilding Inspectpr. , Vote aof the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. Legal Notice Page -2- 7:50 P.M. (E.~.S.T.), upon applicatio~ of Helmut Hess, Beverly Road, South,Id, New York, for a s~ecial exception In accordance with the Zoning Ordinance, Article X, Section 1007, Subsection (e), for permission to repair and re-construct existing non-conforming buildin9 in excess of value. Location of property= south side of ~orth Road (CR27), ~econic, New York, bounded norti% by North Road (CR27), east by land of Hubbard, Sou~I By lands o£ the County of Suffolk, west by otl~er lands of the applicant, Ss00 P.M. (E.$.$.?.), upen a~lication of aenry J. Smith, Robinso~ l{oad, Peconic, New York, for approval of access over private right-of-way ~n accordance with the State of liew York Tewn Law, Section 280Ao Location of propert¥~ west side of Carroll Avenue, and east side of P~cotltx: bane, Peco~ic, Ne~ York, bounded north by LoI.R.~o, east by Carroll Avenue, south by Linde&y, Smith, & others, west by t~conic Lane. 8~15 P.M. (~.~.S.T.), upon applioation of Irene Ford, Sound Avenue, Mattitu~k, New York, for · variance ln&~oo~d&n~ew~th the ZonlltgOrd/~utce, Art~le Secti~m 303, and Article X, section 1000A, for permission to eot off lots with insufficie~t f~ontege. Location of .~ropertyt south si~e of Sound Avenue, Mattituck, bounded north by Sound Avenue, east by Walter L. south by Rallroad, west by Ag~ay Inc. New York, ~,S, GBI~I~-WPORT0 N, Y,, FRIDAY, NOI/~MllER 7..1969 ! LEGAL NOTICE Notice of Hearings Purs~ar~t to Section 267 of the Town Law and the provisions of the amended Building Zone Ord/n- 'ance of the Town of Southold, Suf- folk County, New .~.,k, paablic ~earings will be hel~ b~; the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on i'qovember 13, 1969 on the following · 7:30 P.M. (~.S.T.) upon a li - I tmn of Lefferts p. Edson, of the Estate of Kaspara E. Mulder, 51755 Main Road, Sonihold, New York, for a variance in accordance w£fh the Zoning OrdinanCe, Article III, Section 303, and Article X, Sec- tion 1000A, for pe .~,i~sion to set off lots with iusuffieient area. Location for a variance in accordance w/th the Zoning Ordinance, Article III, Section 300, Subsection 6, for per- mission to locate private detached garage in sideyard area. Location of property: north side ok Fanning Road, Now Suffolk, New York bomaded north by George Tuthill, east by 'J. Mlynerzyk & others, south by Fanning Road, west by A. Tonacci. 8:45 P.~I. (~.S.T.), upon a~plica- tion of James Kavanagh D/B/A 'Crescent Beach Motel, Route 25, Greenport, Brew York, for a special exception in accordance with the Zoning Ordinance, Article III, Sec- tion 300, ~ubscc~ion 10, for pernlis- sion to re-locate existing off-pre- ~nisea directional sign on property of ~ Pugecki. Location of prop- erty: ~outh side of North Road (CR- of property: southeast corner of 2'7), Peeonio, New York, bounded Fleets ,Neck Road and Stillwat~r ~°rt~Ia~Y Worth Road (CR27), east Avenue, Fleetwood Cove Map i'qo I Y y Turner, south 'by Sidney 1263 Lot N'o's 13 Vi & ~ ~,,+~' Waxier west 'by Peconic Lane I Ogue, New York. A .00 P~L CE~.T.) a rehearing on. .... p ....... .. ppeal ~ 1292, ~pon application · ~.'~v aw. ~zs,,'3.r.), upon applica-/of .. ~ t~on of Mr. and Mrs. Russell Tuthill [ marry axtd ~vetyn Mearus Route · ' 25 Orie ~ew Suffolk Aven.ue, Mattituck J ' nit lgew York, for approval 'New York for a variaTM~ ....... '/of access t~ l~ivaie road in accord- ...... ante with the State of 2qew York ance w~m me ~oni urdinan Artmle I,H, Section 303, and Article To~vn Law,. ~ 280A. Location X, Section 1000A, for permission to set off lots ~ith insufficient frontage. . Location of property: north side of Center Street, Matiituck, `New York, bounded north, by other land of ap- plicant, east by A. Buonanito & oth- ers, south by Center Street, west by' Wil~usen & others. 7:50 P.I~. (E.S.T.), upon applioa. tion of Helmut Hass, Beverly l~oad, Southold, New York, fo~ a special exception in accor~nee with the Z~nthg Ordinanee~ Article X, Sec- tion 1007, Subsecedon (e), for per- mission to repair and re-const~et xce~s of value. Location of prop. e~ty: south side of ~lorth Road (C~Z7), Pecordc, N~' York, bound- ed mirth by North Road (CR27), east ~y lamd of Hubbard, south by lands ot the County of Suffolk, west by other lands of the applicant. 8:~ ~.i~. (E~.T.), t~on l~pptica- tk~ o/ HenrF j. Smith, Robinson ~ Peconic, `New York, for ap- ~ of access over private ri~lt- o~-~vay in accordance with the Slate ~/ Brew York Town Law, Sec- ~ 2SOA. Location of property: west aide of Carroll Avenue, and east side of Peconic Lane, Peeonic, lx/e~z York, ~bounded north by I~I.}LI~ east hy Carroll Avenue, soutk hy Lindsay, Smith & others, 8:1~ PA5~. (E~.T.), t~pon applica- tion~ of Ir~e Ford, Sound Avenue Mattihmk.. ~New York, for a variance dirmn~, Article ILI, Section 303, and Ariicl~ X~ Secti(~ 1000A, for per- missio~ t~ set off lots with insuffi- .stent. fro~.t~Ee. Location of prop- MattilawA~.,, ~Iew York. bounded n(~th by Saund A.v~ntte, east by Walter L. Williams, s~ath by Railroad, west by Agwa~ 1~' 8~31L ~.]1~ (~.T.), a ri/hearing on A/~llm~ J~lm. 1z~a, upon aI~pllcation of Ricbnr. d ami Marimw M~nory, Fan- nin~ ~ ~ Suffolk, `New Yin-k, of ~oroperty; private right-of-way off north side ol Route 25, Orient, ,New York, ha~nd~ north by ~nd of appHca~, ~t by Dei~iek, ~ by ~. w~ by Brown & 9.1~ P~. (~S.~.),, a~ a~l~a- tion of ~chard N~,, H~ow River ~d, Orient, ~ew Y~k. for a vari- ~ce in accord~ce w~ ~e Zo~ng ~an~, ~cle ~, ~on 303, ~d ~cle X, ~ I~0~ for ~on ~ ~vid~ ~ ~ 1~ ~ 100 ft. fron~g~. ~on of p~: ~st ~de of. H~ ~d, ~i~t, N~ York, ~ no~ bF hnd ~ ~e~ ~1.~ ~te, ~t by H~bor ~ [~ by ~old ~a~n, wes~ by ~t ~y per~n dearie, to ~ hea~ ~ ~ a~ve a~Hcatio~ s~d ~ at ~e ~e ~d p~ ~i- li~, DA~: ~ ~, 1~ BY} O~ OF T~ SO~O~ TO~ ~OA~ OF APP~ 1~7 t, K, ? SS: .~..,~4~_~...~ .... being duly Sworn, tinter and Publisher of the SUFFOLK rspaper published ~t Greenport, in said tic~. ©f which the ,annexed is ~ printed ed in the said Suffolk Weekly Times ......... ~ ............. week![ tg on the . .......... ..... ', ink?.. ( O~lce, l~sln Road, Soutllold, ~lew York, on Noir 1~, I~ ~ the follo~ a~: ~:~ P. M. ~), u~n app~- ~ of ~ P. ~ ~e- E. M~der, 51~5 ~ ~, ~thold, N~ Y~ f~ · v~- ~ ~ ~ ~ the ~in~ O~, ~cle HI, ~ti~ ~, ~d ~ X, ~- ~ 1~ f~ ~ to set ~ 1o~ ~ ~ffi~t ~ ~ ~: ~uthe~ ~ of ~ N~ ~ and ~e ~p No. 1~, ~t No.'s 1~ 1~, & 15, ~, New Y~k. ~ of ~. & ~s; ~, N~ ~o~ A~ue, ~t~, N~ Y~k, for a v~- ~ ~ ~ ~ the Zon- ~n ~, ~ ~e X, ~ion proPerty: north side of Panning, bounded north b~George Tuthill / Road, New Suffolk, New York, east by J. Mlynel'Zyk & others. I soutil by Panning Road, west by~ cation o£ James Kavanagh ' D/I~/A Crescent Beach Motel, ll~]~A, for permt~loll to set off ~on of Drop: n~ side ~ ~ter ~, ~ituck, ~ew ~d of ap~t, ~ by A. BU~ & ~s, s~th by T:~ P. M. (~), upon appli- ~ of ~mut H~s, Beverly ~, ~uthold, New York, for ~ s~si~ exce~i~ ~ ac~rd- x~ with the ~o~g Ordnance, Route 25, GreenPert, New York, for a special exception in accord- ance with the Zoning Ordinance,' Art/ele III, ~ection 300, Subsec- tion 10, for permission ~o re- locate existing off-premises di- rectional sign on property Emil Pupecki. Location of prop- er~y: south side of Nortta Road! (C R 27), Peconic, New York, bounded north by North Pa)ad (C R 27), east by M/~r Turner, south by Sidney Waxier, west by Pecoulc Lane. $:00 P. M. (EST), a rehearing on Appeal NO. 1292; ill)on ca,ion of Harry and Evelyn Mearns, Route 25, Orient, New Yo~k, for approval o~ access to private road in accordance with the State of New York Town Law, Section 280A, Location of p~oper~y: private right-of-way off north side of ~oute ZS, Orient, New York, bounded north by land of applicant, oa~ by Deid- rtck, south by Hess, west by Brown & others. jCOUNTY OF SUFFOLK [ ss: STATE OF NEW YORK J es~tion (e), for permission to 9'1 rel~r and re-construct existing T: o ~; ~. JES.T)_;upen__appn- nan-col~formtng building in ex-[ ........ ceas of value. Location of pop- . . . ........ for a variance m accordanca wth (C R 2?), Pesonic, ew ork, ~ax~'t f S ff )~k ~ - o.her[ frontage. Location of prol.~.xty' la-- f the " t I wes side of Harbor Road, Orient, ~ t~o~ p n' N- y y I east by Harbor Road, south by ~te right-of-way in accordance ~th the SCat~ of New York Any Person desiring to be ~wn Law, ~ection 2~0A~ Loca- heard on the above applisatior~$t tim of p~operty: west side of should appear at the time and] place specified. ~a-roll Avenue, and enst side of ! Pe~oulc l~ane, Pesonic, New DATED: OCTOBER 23, Yo~ bounded north bY L.I.R.R., BY ORDER OF THE east by Carroll Avenue,'south by! SOUTHOLD TOWN Llndsay, Smith & others, west BOARD OF APPEALS 1T--61 by Psoonlo ~e. successively, commencing on the ................... · , day of ..... ~~.........~ ................................... .... Sworn to before me this ...... /~." .......... day of ...... ........... , I~ORM i~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. I~OTICE OF DISAPPROVAL File No ............................................................... Date ................ ~)..q .~..o..b...e. !'. ......... ..3.3 ................. 19...6.9.. ............... t{ e..c.o~ J,~ ......... ~:~..,.~ .............................. PLEASE TAKE NOTICE that your application dated ................ 0.¢..~......2,~ ................. 19_6.9.. for permit to ct~%v.g~ ..a.9:..~:.o.~/.aJL...o£...a~.ct~l~:~he piemises located at ...I~.~...c....~r..C.~...: ~.. SZS,..L.i..il,.ii....~'c/~...Caxr.o3,1...~,~a... Street Peconic I~I.!. Map ........... .x.~ ......................... Block ........ .~..x. ....................... Lot ...... X..PJ .................................... is x~!~l~fi~!x]Xe~R~li~j~:x-~tltl disapproved on the followin? ground~ ........ .L..g.c.}:;...~Jl ..~¢:'..~:.QY.P,.ql ...... ~,~.C.~.,.~...oI%..~.V..t,...+.~.~...~ ........... *~e~c.,...~..[,O~ '~ ~ ' ~" Building Inspector L FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ....~r~r...J.....Ea~i~k ........................... of .l{obinson..Road...[n~..nuhmbe~) ............... Name of Appella,nt Street and Number ................... 2etonic ........................................................ 3e~z..Vor2, ........ HEREBY APPEAL TO Municipality State OF APPEALS FROM THE DECISION OF THE BUILDIgG IN,~ECTOR ON THE ZONING BOARD APP',CAT,ON tar PERM,T NO ..................................... DATED .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) J aJ~es., a~lbbar ~l..~%~.. j~]1 ..~.~%bb.~ r.(~ ,.....h..i. s wife Name of Applicant for permit of Bridge Lane (no number), Peconic New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Right of access 1. LOCATION OF THE PROPERTY Sm~h.~i~ N~gh~mQ~zWD3 ........... ~esi~gR~... Street UseDistrict on Zoning Map Peconic, New York (as shown on attached skeCch~. Mop 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.) Art. 16 Sec. 280A Subsection 3 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 ~'~lx~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 JS requested forthe reasonthat no right of access to Carroll Avenue or Peconie Lane over the right-of-way shown on the attached sketch has heretofore been granted the p~operty bordering thereon. 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 the subject property would have no ingress or egress to either Peconic Lane or Carroll Avenue. 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 because the subject property fronts on a private right-of-way, not on a town or public road. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the subject property conforms in other respects with other properties in individual ownership in the area. Henry J. Smith STATE OF NEW YORK ) ) COUNTY OF Suffolk ) SS By: ~ Signature Lefferts P. Edson, Attorney Sworn to this ..,...2,.3,..~ ................................ day of ......... .Q~..t;.Q]9..e.~ .............................. 19 69 ...................... ............................. 0 SOUTBOLD, ~oy, 11971