The URL can be used to link to this page

Home My WebLink About1210 TOWN OF SOUTHOLD, NEW YOILK ACTION OF THE ZONING BOARJ) OF APPEA]~ Appeal No. 1210 Dated September 17, 1968 ACTION OF THE ZONING BOARD OF APPE/~LS OF THE TOWN OF SOUTHOLD Ernest Radf ord To Main Road East Marion, New York DATE ,O~....~...O,..b,..e..,~.,...,~..a ~ 968 AppeHant at a meeting of the Zoning Board o~ Appeals on Thursday, October 3, 1968 was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be &,ranted ( ) be denied pursuant to Article .................... Section .................... Subsection ................. ~.. paragraph .................... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:15 P.M. (E.D.S.T.), Upon application of Ernest Radford, Main Road~ East Marion, New York, for approval of access to private road in accordance with the State of New York TownLaw, Section 280A. Location of property: private road off west side of Bay Avenue, East Mar/~on, New York, bounded north by Brown, Radford, and Rackett, east by Bay Avenue~ south by Washburn and Marion Lake, west by Wo Brocks Estates. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardshin because SEE REVERSE d/fficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the mediate 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 change the character of the district because SEE REVERSE (would) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORI~IZB4 Barbara C, Dittmann, Secretary A~ter ~nveStlgation and ~nspect~on the Boazd ~uds that the applic~t zeq~sts appr~al ~ access ~ accor~ce w~th the New York State ~w~ ~ct~on 2~A. The pro~rty which this road is to se~e ~s ~en ~iven the appr~al ~ the Southold T~ Pl~n~ ~ard as a ~or su~iv~s~on. In order to obtain b~ld~ ~rmits to b~ld houses on this pro~rt~ appr~al ~ access is needed from the-Southold T~ ~d ~ Ap~als. ~e road ~s ~en ~mpr~ed a~ord~n~ to the Southold T~ Pl~ngBoard road s~c~ications. The Board finds that strict application of the O~d~n~nce will produce practical d~fficultles or unnecessary hardship~ the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use dlstrict~ and the variance does observe the spirit of the O~dinance and will not change the character of the district. Therefore, it was P~SO~VED ~nest Radford, MainRoad, East Marion, New York~ be granted approval of access as applied for on property located private road off west side of Bay Avenue~ ~ast Marion, New York. LEGAL NOTICE NOTICE OF HEARING~ Pursuant to Section 267 of the To~ Law and the provisions of the amen COl ~k~TV "7i;nlFFOLK ~ (~s~/, upo~ ?plic~2_'e ~ vn~ ~ ss: ~ Oeorge W. ~mt~j ~/c ~°ndl d ~ew yor~ ~l~dO, 20 ~ variance tn ~ance ~¢ --~ for ~rmts-~tney B~th, Jr., being duly sworn, says ~tcle IlL Sectmn ~u~, 'ed Building Zone Ordinance of t build new one family dwelling setback one Editor, of THE LONG ISLAND Town of Southold, Suffolk Corm sion to _of ...... '"-llin"woed Estate] g:eO ;,_:mortal ~{wards, Sr., l-Ie~g lek for ...~.(~.~..~m........~..Z../weelss/ Peconic Bay Blvd., Laurel, N'ew Yorl~ ~t..eet Fishers lslanm side of reconic Bay Blvd., ~el, New~ .o h. * York, bounded ~.. . for a variance in accordance with the Zoning Ordinance, Article HI, Section 303, Article IH, Section $0~, and Ar-, ticle X, Section 1000A, for permission ~o divide property with reduced front- age. Location of property: south Wells Avenue, Southold, I~le~ bounded north by Wells Avenue, by J S Gradowski, south by Jocl~y Creek, west by R. H. Rothman. 8:00 P. M. (EDST), upon applicati~ of A. Reilly & Sons, Inc., Mattitu~, New York a/c James A. and R01e Carla0, Park Avenue, Mattituck, York, for a variance in accordai~e with the Zoning Ordinance, Art III, Section 303, and Article X, Section 100/lA, for permission to divide lot with reduced area and build new one faro-: tly dwelling, tocatton of property:I south side Park Avenue, Mattituck, New York, bounded north by Park Avenue, east by Daniel O'Connell, south by Peconic Bay, west by · 8:20 P. M. (EDST), upon application of A. Reilly & ~ons, Inc., Mattituck, New York a/c P. P. Laurino, Park i Avenue, Mattituck, Hew York, for a variance in accordance with the Zon- ing Ordinance, Article III, Section 303 and Article X, Section 1000A, for per- mission to divide lo~ with reduced area and build new one family dwelling. Location of property: south side Park Avenue, Mattituck, Hew York, bound- ed north by park Avenue, east by Rose Carleo, south by peconic Bay, west by Donald swahn. 'on New york, for approval of ~c- I north by Brown, Raamr , as~ by Bay Avenue, south by ~ ~ ~~. ~t~s~n and ~arton Lake, west by~ .... W. B~O~ ' 'o ~ heard o~ ~ ~bHc ff New York, bounded north by ParkI Avenue, cost by Daniel O~onnell,[ south by Peconic Bay, west by M. Laurino. 8:20 p.M. (E.D.'S.T.), upon appli-] carlton of A. Reilly & Sons, Inc., IMattituek, ~lew York a/c P. F. Laurfao, Park Avenue, Mattituck, New York, for a variance fa accord- ance with the Zoning Ovflimance, Article III, Section 303, and Article iX, Section 1000A, for permission to divide lot with reduced area and build new one family dwelling. Lo- cation of proparty: south side Park Avenue, Mattituck, New York, ]bounded north by Park Avenue,[ . .least ,by Rose Carleo, south by Pe- ' ]conic Bay, west by Donald Swahn. LEGAL NOTICE 8:30 P.3/L (E.D.S.T.), upon appli-I Notice of Hearings t cation of George W Smith & Sans, ~ ance of thq Town of SoU o , - . . i folk Couniy, New York, public, Lng Ordinance, Artmle III, Seetwni J 306, for permission to build new one Irg~ family dwelling with amduced front ~ .... beillg dilly Swo%ll, yard setback on lot with less than 12,500 sq. feet in area. Locatian o£ lief and Publisher o! the SUFFOLK hearings will,be held by the Zon- ing Bcord of Appea'l~ of the TownI of Southold, at the Town Office, Main Road, Southol, d, New York, on October 3, 1968, on the following appeals: 7:30 P.M. (E.D~S.T.), upon appli- catkin of Beatrice M. Wasson and Irving Kahn, D/B/A Rollkngwood ~states, Peconic Bay Blvd., Laurel, New York, for appa-oval oi access to private road in accordance with the share of ~lew York Town Law, ~ctio~ 2g0A. Location of proper- ty: private road off north side of Peeonic Bay ~lvd., Laurel, ~Tew Y~>rk, ~ounded north by A. Wilcen- ski, east by H. Romanowski-Vau- ~el, ~outh by peconie Bay Blvd., west by G. & T. Diachun. 7:45 P,2~I. (E.*I),S.T.), upor~ appli- catRm of W. Corey and Elizabeth T. Albertoon, Wells Avenue, Southokt', New Y~rk, for a variance in ac- ordance with the Zoning Ordin- ~q al potuo~p-aq' ~!'iI~qs PFI ~u~ , ~jieu~o~u~ zo ~aa~ap ~ue o~!e~ o~ pu~ sp~q ll~ puc ~{u~ 1~.ta.r o~ ;ql~'a · pamm~aa aq it!m $!sod~p ' ~ to ~pa~a aq~ ol ~u!pu~s ~touom property, corner of Kenny's Road and Wesland Road, Southold, New ~ape£ published York, bound~l north by Ruth Gib- san, east by Helen White, south b,y_ .NL ,e~ which the o_qnexed is ~ prillted Wesland Road, west by Kenny s Road. I[ in the ~aid Suffialk Weekly Times 9:00 P.'M. (E~D.S.T.), upon appli- cation of Mrs R~ymond Edwards,I St, Hedge ~treet, Fishers Island, ~N[ew York, for a special exception ~n accordance with the Zoning dinance, Article III, Section 300, Sub~ectton 5 (c) for permission to erect l~vo family dwelling on lot with less than required frantage ~nd area. ~ocation of property: private right-of-way, Fishers Is- lar~, New York, bounded north by Ha~ry Hurlburt and another, cost ..../.f---->...~--./~...'/.-,~--'l(]f~,~.[ff/~.~/~. .... by priva~ r~d, ~u~ by priva~ ~d, w~t by W~t ~ar~r. ~u~ ................... ~ ~ ~'' .... -zn~ "~'g oNp~ a!~oa~ o oql ~o ~la!~d~ ag1 se~ pue ~( -uao~ ~ ~u~al mm~ '~ ~u!~s ~ ;1Jodu~O to luop FOI~M mO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL'ERK'S OFFICE SOUTHOLD, lq. Y. I~OTICE OF DISAPPROVAL File No .................................................................... Date ............... ~.e...P...t. ......... ..1.? ......................... 19....6....8. East ~ arlon N.Y. PLEASE TAKE NOTICE that your application dated .............. ..S..e.~.~ ........ ~..~.. ........... i 19....6...~. Approval of for ~ '-'. --'__-_-__ - :-- ................. ........................ premises located at .................................. .... .N../.S.....B..~y....A...V.e. ........................................ Street East aarion, N.Y. Map .M..~9..r....~..~..b.....~....6. .......... Block ......................................... Lot .................................................. is ,~--_ ~ ,_' y___ - disapproved on the £ollowin~ grounds ...... ..N..e...e...d.~...,B...o...a..r,..~.....o.,.f.....A.~.~p..e. las .... ai~.pr.o.v, al ............. Sec... 2.80A,~ ........ ~o~..Law. .................................................................................. Building Inspector / TOWN OF SOUTHOLD, HEW YORK PPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~mX ... E~e.s¢...Rad£.ord ............................ of ............. .~...a..~......R...Q.a...d. ................................ j ........ Name of Appellan..t Street and Number East kCarion~ N.Y, . ........................... HEREBY APPEAL TO M.unicipality , State THE ZONING BO~,~oO~ APP. EALS FROM THE DECISION.' OF THE BUILDING INSPECTOR ON APPLICATION FOR ~ NO, DATED .~.e.~.~....~.~.~....1..9.,6..8.. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of .... ....... ...................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Final approval of access on private road 1968 1. LOCATION OF THE yROPERTY ..~../.~. ..... ~.~,~,....A.,~..e.. ....................................... :: ..... "...~.."......~..~.~,... Street Use District on Zoning Map ~inor subdivision ~ 6 East ~arion, N.Y. lv~op 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.) ~tate Law,section 280a. of Town ~w 3. TYPE OF APPEAL Appeal is mode herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (.State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL (~) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that: The Planning Board has given lots on this private road of 50 ft width~ final approval so that building permits can be issued for these lots. approval for fo~r is required Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sory HARDSHIP becouse: Som9 time ago access approval was given to the former owner of part of this land (Walter Washburn) on a.narrower road. ~ Under the new subdivision regu~%tions the platting Board required widening of this road to fifty (50) feet~ this has been arra~nged so- that at some future time the road can be extended' and possibly be made a Town road at a future date. 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 : This private road has a possible future "U" connection to Bay Ave at two places. The progerty a% a ~±stance of 150~0 feet westerly of B~y Areolae and south of existing~ imvro<zed oarcels along the ~aLu ~ioad, without the requested approval for an access road~ cannot logical]~r be utiti~ed to the obvious~? best and £'uilesb possibilities of the land as inteuded in a residential district. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becaus'~ This is a residential area, the proposed road will serve residential building lots and be adequate for their needs. STATE OF NEW YORK ) ) coUNTY OF $~ffolk ) \~otary Public