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Home My WebLink About1139C~ TOWN OF SOUTHOLD, ~ Y,ORK ACTION OF THE ZONING BOARD OF APPEALS DATE QC..t.Q]~L~....~]., 1967 Appeal No. 1139 Dated September 6, 1967 ACTION OF THE ZON~Q BOARD OF APPEAL~ OF T~ TOWN OF SOUTHOLD Edna A. Brown a/c Helen Hildergarde Hawkins Main Road 2807 Spangler Lane East Marion, New York Bowie, Md. Appellwnt at a mee[h,g of [he zoning Board of Appeals on Thursday, October 11, 1967 ~he appeal was considered and the aetlon indicated below was taken on your , ) Request for variwace due to lack of access ~o property ( ) Request)for a special exception under the Zoning Ordinance (X) Reques~ for a variance to the Zonlv:g Ordinance ~ ) 1. SPEC]AL EXCEPTION. By resolution of the Beard it was determined that a special exception ( ) be grmated ( ) be denied p~rsuant to A-~lcle ............................. Section ~ ...................... Subsection ......................... paragraph ............................ of tire Zoning Ordinance, sad the decision of the l~ulldin~ Irispesl~or.( ) be rever~l ( ) be confirmed because 7:40 P.M. (.E.D.S.~.) , Upon application of Edna A. Brown, Main Road, East Marion,New York, a/c Helen Hildergarde Hawkins, 2807 Spangler Lane, Bowie, Md~, for a variance in accordance with the. Zoning Ordinance,. Artic]~e III, Section. 303, Article X, Section 1000A, for permission to. divide premises with insufficient frontage and area in either lo~. Location of property: south s/de Main Road,~ East Marion, New York, bounded north by Main Road,: east by Arthur Limouze Est., south by Bay, west by Michele Monz. 2. VARIANCE. B~ resolution of the Board it was determined that (a) St, ri~t application of ~he O~dina~oe (would) (would not) p.-.0duce practical difficulties or unnec- essary hardship because SEE REVERSE (O) The hard,dp crbated (is) (is not) uniq//e a~d (woUld)(would r~ot)'be shared by all properties alike in the lm~ediate vicinity of this property and in'he same use district because SEE REVERSE (c) Th% variance (does) (does not) observe the spirit of thc Ordinance and (would) (would not) change the ,c~mrac~er ,of the dist~Ict because SEE REVERSE and therefore, it was furth~er de~erm~ned t~at ~e requested variar~ce ( ) be granted ( ) be den~ and ~at the pr~ious d~i~ of t~ BuilEng Inspector ( ) ,be ~nfir~d ( ) ~ revved. ~arDara C. Di[~ann, ~ecretary After investigation and inspection the Board finds that the applicant requests permission to divide property with insufficient frontage and area. The Board approves this application as applied for and divides the property approximately in one-half by means of a line starting from a point on the south side Main Road (Route 25) which is 37 feet easterly of the monument on the northwest corner of the subject property on the south side of the Main Road; thence running in a southerly direction through a point located 60 feet easterly of the southwest monument, and at right angle to the sRuth- west monument on the west line,as shown on the map by Otto W. Van Tuyl & Son, map dated June 30, 1960, and extending to the ordinary high water mark. ,~Th~ findings 9f the Board are ~his division of property will not change the character of this,area~ an~ that ~o new construction ~s contempl~te~. The ar~a_~illremaiD the same after the division as. it was before the division of theproperty. The supply of fresh water is adequate on this property. The entire area_being divi~ed is approximately 5% less, than the ~inimum required under the Zoning Drdinance. The Board Finds that ~ffgrts were made to increase the area available for division without success, A condition of granting this variance is that no additions shall be made to any of the buildings on either of the lots created without first applying to the Board of Appeals for permission to obtain a building permit. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the ir~nediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. THEREFORE, IT WAS RESOLVED Edna A. Brown, Main Road, East Marion, New York, a/c Helen Hildergarde Hawkins, 2807 Spangler Lane, Bowie, Md., be GRANTED permission to divide property with insufficient frontage and area as provided and setforth above, and subject tothe conditions setforth above. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of lhe Town Law and the provisions of the amended Building Zone Ordinance of the Tow n of Southold, Suffolk County, New York, public hearings ~ will be held by the Zoning Board of i Appeals o£ the Town of Southold iai the Town Office, Main Road !Southold, New York, on Septembm !28, 1967, on the following appeals: 7:30 P.M. (E.D.S.T.), Upon appli- ~cation of Richard Menzer, 30-70 ~ 50th Street, Woodside, New York, t for recognition of access in accord- ance with t~he State of New York i Town Law, Section 280A. Location ,. of property: west s~'e Right of Way, iwest side North Bayview Road, Southold, New York, bounded north by Nelson, east by Right of way, south by McDavid, west by Goose Bay Est. Sub. 7:40 P.M~ (E.D.S.T.), Upon appli- rcation of Edna A. Brown, Main Road, Ea~st Marion, New York, Helen Hildergarc~e Hawkins, 2807 Spangler L~e, Bowie, Md., for a variance in accordance with the 'Zoning Ordinancet_Article III, sec- tion 303, Article I~ Section 1000A, for permisinn to divide premises with insufficient frontage .and area in e t'her lot. Location of property: south side Main Road, East Mar- ion, New York, bol~nded north by Main Road, east by Arthur Lim- ouze Est., south by Bay, west by Michele Monz. 8:00 P.M. (E.D.S.T.), Upon appli- cation of Robert S. Pascale, Rabbit Lane, East Marinn, New York, for )LK, l DRK, ~ ss: t<.. ~L4~..'-A~- ...... being duly Sworn, s Printer and Publisher of the SUFFOLK newspaper published at Greenport, in said , notice, of which the ,annexed is ~ printed iished in the said Suffolk Weekly Times a variance in accordance with the f~r ('/'~(~- week~ Zoning Ordinance, Article III, Sec- ' .......................... ti°n 303' Article X, Secti°n 1000A, I,ncing on the .~., .~.~. '.~, .~. ~?~ ..~-~ .~.~ ~..~ for permission to divide property '' and construct ,two dwellings with]~t~..' 19~.. insufficient frontage and area. Lo- \ cation of property: Rabbit Lane ...: ~ ... ,..~, ~ . .~,. .~, ,:,, ...... off east s$~e Bay Avenue, East Mar-/~ lon, ~Iew York, bounded north by .~..':.. Rabbit Lane, east by V. M. Gray, south by Gardiners Bay, west by 19.~'7,. J W. Reic~nar t. Any person desiring to be heard ... [ ....... ..; ................ on the above applications should ap- . .... pear at the time and place above ..... specified. DATED: SEPTEMBER 14, 1967, By Order of the Southold Town Board of Appeal,s itS22 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OTiCE OF DISAPPROVAL File No .................................................................. Date Sept 7 67 To Edna Bro~m A/~ Hlld. egarue Ha~klns ........... ~..~.~, ~L.~o.~,.d ................................................ ............ .~ S..t .... ~a~. ~.QI~ ~ .. ~[.~.~., ............................ PLEASE TAKE NOTICE that your ~application dated ............... .S...e.~. ..... ~ ................. 19.~.~... !or permit to ~ .D.i.~zid.a.. p2emmis, e~ at the premises located at ...,.S.,./j.S. .... ~.a.:~.~....~0.?:d Street East }4arion ~ Map .......... ..X..X.. .......................... Block .............. ~ ....................... Lot ..................... :.x...x..X.. ................... is ~~!~!~ and disapproved on the following grounds ....... !-~suf~:iciea.t..£~c.o~.tage ~..%a...i~..e%.t.h.ar.. lo.t ........ Ar-t..-/IZ...sac--..3¢~:~, ~ A,~.t..X. se~ .~.~.0.A .~,.0..T..~,.,,,....s.a~...m.a.~...~a ..n:~ ~..v.!.o. ~.~.....a.~2.~..a..~...-... ?...t....~.~....t...o....~.?....=...o.y.~,~....t...o,...?..%~ ~.L..o f lot instead of oD_ easterly side, Building Inspector TOWN OF SOUTHOLD, NEW YOP, K APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ...8..~. ~..t...-... A ~....1..9...6r/ TO THE zen lNG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. .. ................................ of ...... Na:i, ................................................... Name of Appella,nt Street and Number ..~...~':..~9..$. .................................................................. }f~.,-Y. ................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) Name of Applicant for pe[mit of ,. . . .,. o. .'J.¢., .......................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY .~...A.~..~...~.~.~.,..~.a.,..~.~.,.~,~..i...O.~..,....~..,..Y.., .................................... Street Use District on Zonin~ Mop 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.) Ar~. III See. 303 & Ar~. X $e¢. 10000A 3. TYPE OF APPEAL Appeal is made herewith for (X) 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. Art. 16 Sec. 280A SUb~ection 3 Lows 4. PREVIOUS APPEAL A previous appeal (has) (~:~X~) been made with respect, to th'is decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit (~) request for a variance and was made in Appeal No .... ~.~.9.. ..................... Dated .....Q~.,...~..~.,...~l,.?.~.~.. .................................. ( ) (X) ( ) REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that in8afflcient ~re~ to &!v!~e property p~.rcel~ with reduce& frontage and insufficient area. Zmor~ zB~ (Continue on other side). REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary H~RDSHIP because owner w~n~s~ ~ to divide ~roperty to sell. 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 ~he two ¢o~te, ges have a!w~y's be~n u~ed as sops. rate. &Wellings. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because On t~he east ~icle rte~¢ to th~ ~ro~erty. there i~ a 50 ft. parcel with a garage on it, ~ed as a boat ho~se and ~.djacent to that is an old partly demolished guest house which he.s not been' in operation for at least 8 years or more.' Across the street, there is ~n ~ntlque :sho~ and on the west side, thor® is a cottage about the s~me tYD® as these cottages~ Sworn to this ............ Z' .............................. day o '~ ................ 19/~C~7 ........ Notary PubliF// .... ~ca c~v~e~ ~? SUMMER AND YEAR ROUND HOMES LICENSED RF~L ESTATE BROKE. SALES RENTALS MORTGAGES ADVISOR CONSULTANT Sept 6, 1967 Mr. Howar~t Terry ~ain $outhol4, Dear Mr. Terry, I woul~ like to apply for a variance to ~lvi~e the property locate~ on the south aide of the Main ~. In East Marion, N.Y. an~ owne~ by Helen Hil~egar~e Hawkins. The property is to be ~lvi~e~ into two parcels with re~uce~ frontage an~ insufficient area. Very truly y~urs, ~na A. Brown