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HomeMy WebLinkAbout1149 TOWN OF SOUTHOLD~ NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal NO. 1149 Dated October 4, 1967 ACTION' OF TH]£ ZONING HOARD OF APPEALS OF THE TOWN OF SOUTHOLD Robert Waddington, Jr. a/c Bradford Burnham To Fishers Island Fishers Island New York New York DATE 9~9~..i~6, 1967 Appellant at a me.critic 0f the Zoning Bo~rd of Appeals on Thursday, was considered and the action indicated below was taken on your 'X ) ( ) ~ ) ~ ) Request for variancD due to lack of access ~o properly Request for a special exception under the Zoning Ordinance Iteques~ for a~ variance to thc Zm~Ang Ordinance ~ October 26, 1967 the appeal ]. SPEC]AL EXCEPTION. By resolution Of the Board it was determined th.at a special exception ( ) be granted ( ) be denied pursuant to Article ............................. .Section ...~ ..................... ~ubsection .................... U paragraph ............................ of the Zoning Ordinance, and th, e decision of the Building Inspector (.) be reversed ( ) be confirmed because 8: 45[ P;M% {E.D.S.T. ), Upon application of Robert Waddington, Jr., Fishers Xstand,7 New York, a/c :Bradford Burnh~mi Fishers Island, New York, for recognition of access in accordance with the State of New York Town Law, Section 280/%. :Locatio~ of property: north\ side. private road, Pennisula, Fishers ISland, New York; bounded north by Burr, east by Right of Way- Burr, south by Burr, west by West . Harbor · 2. VARIANCE. B~ resol'ution Of the Board ii was determined that (a) Sgrict application of ~he O,rdinanoe (would) (would not)p.~uduce practical difficulties or unnec- essary hardship because SEE REVERSE (b) The hardO]ip ei'ea~ed' (is)' '~is not) unique grad~ (wou/d) (tN6Uld not) be 'shared by ali I~ropertles alike in the immediate vicinity' 6~ this 9ro,pgrty kffd iii the sa'mY i~se dfstrict because SEE REVERSE (c) Th~ var!once (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 determiued that the requested varia~ce ( ) be granted ( ) be denied Ins.pec~0r and that the previous decislea~s of t~e Building ( ) ,be eonfirmed( ) be reversed. FORM ~ ~~ B a~rb a x~a~ t ~a B ~_/6rf, Secra~et~aaz~~-~ After investigation and inspection the Board finds that the applicant requests Dpproval of access. The Board grants access as applied for on a temporary basis, as shown on a map called "Plan of Pennisula at Fishers Island", dated 1913; revised October 1951; revised July 1953; revised, September ,1967. The temporary access which is to be at least 20 feet wide and should allow for the ~.passage of emergency vehicles is roughly defined by Chandler & Palmer, license surFeyors, on the revised map presented with the application. The map shows temporary access from Pennisula Road to the property in question, being, lots B~ & 34 on the original map. It is understood that temporary access wi~ exist~until a ~ m~p is filed as outlined by the Planning Board's letter of October 4, 1967 to Mr. Elbert Burr. ~Granting of temporary, access is a relief of hardship occassioned by situations that have existed, for many years. ,. ~ 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 immediate 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 Robert Waddington, Jr., Fishers Island, New York, a/c Bradfor4 Burnham, Fishers Island, New York, be granted permission for temporary recognition of access as applied for on property located north side private road, Pennisula Fishers Island, New York. This access should be subject to the final approval of the Soutt~ld Town Building Inspector. NO XCE OF Pursuant.. Section 26? of the Town Law and the PrOvisions of t~he. amendedBuiiding ~Zone Ordinance of the Town of South,, Suffolk County, New York~ public hearinq will be held by the Zoning Board of Appeals of the Town of $outhol~ · ~, at the Town Office ~4ain Road~ Southol~ New on October 26,~ 1967, on the fo!l~ appeal: S: 45 P~M. (E.D~$. T. ), Upon application of Robert Waddington, Jr. ~ Island, New York, a/c Bradford Burnham, Fishers island~ ~ew York· for recognition of access in accordance with the State 'of New York Town Law~ Section 280A. Location of ProPerty: north side private~ road, Pennisula~- Fishers Island, New York, bounded nor%h . by Burr, east~ Right of way-Burr, south by Burr,. wes~ by~ West ~arbor~ Any person ~ desiring to be heard on the above ~x~ applicatio~ should appea~ at the time and place above $~ecifiedo DATED: OCTOBER 11· i967, BY ORDER OF THE' $OuTHOLD T~W~ BOARD OF APPEALS PLEASE P~LISH ONCE~ 1967· A~D FORWARD TWO AFFIDAVITS OF PUBLICATION TOTHE $OUTHOLD TOWN BOARD OF APPEALS, TOWN OFFICE MAIN ROAD, $OU~OLD, NEW YORK, 11971o ' Copy maile~ to the following on October 16, 1967.~ The New London' Day° PUBLISH ER'S CERTIFICATE Town of Southold, N. Y. erty::~la~rth side private road, heard on the abO~e~application State of Connecticut, ~ ss. New London County of New London, 20 ?c tot: er On this ........................ day of ................................................................ A. D. 19~? , personally appeared before the undersigned, a Notary Public, within and for said County and State, '~ ~l:,~.~O. ap ,~f!xce · Credit anager ................................................................... of THE DAY, a da~y evmfing newspaper published at ~ew London, County of New London, State of Connecticut, who being duly sworn, states on oath, that the Order of Notice in the case of The io-{~ o~ ~outhold ..................................................................................... a true copy of which is hereunto annexed, was published its issues of the ......... ~.t~ ................................................................ days of _....~.~.~.0~ ..................... A. D. 1967. Subscribed and swmm to before ~' :'~ 20 ~ Nota~ Public. LEGAL iNOTICE~ Town Law ~md the l~rovlsicals of the amend~l Bulldin~ Zone Ordin- lance of the Town of Southold, Suf- i folk County, New York, publ;c hear- i ings will be held by the Zoning Board ~of Appeals-of the Town of South- I old, at the Town Office, Mai~ Road, Sou~hold, ~tew York, on October 26, 1967, on the following appeals: 7:30 P.M. (E.D.S.T.), On the Board's own motion a rehearing on Appeal No. 1140, upon application ~of Robert S. P~scale, Rabbit Lans East Marion, New York, for a vari- Ordinance, Article III, Section 303, Article X, Section 1000A, for permis- ~ siom to divide property with insuf- ficient frontage. Location of prop-i erty; north side Rabbit Lane, Eastl Marion, New York, bounded ~orth! by Marion Lake, east by Crowley, i south ,by R~bbit Lane, west by Jack: Sehimatz. 7:4.5 P.M. (E.D.S.T.), Upon aPpli- cation of Robert Hyatt, Soufhold, New York, a/c William Wurtz, Hor- ton Point, Southold, New York, for Zoning Ordinance, Article III, Section 300, Subsection 6, for permission to build an accessory building in the front yard area. LO- rate Ro~}, (Hyatt Road), Southold, New York, boauded north by Long Island Sound, dast by C. Ocame, south by right of way, west by W. L. Mandel. 8:00 P.M. (E.D.S.T.), Upon appli- cation of Fred Adler 18 Lion Lane, dinance, Article III, Section 303, Article X, Section 1000A, for per-i mission to divide property with in- sufficient frontage. Location of property: north east side Lake Side Drive, lots numbere~ 77 and 78 in Cedar Beach Subdivision, Southold, New York. 8:15 P.M. (E.D.S.T.), Upon appli- cation af Joseph J. Decker, Nassau Point Road, Cutchogue, New York, the Zoning Ordinance, Article III, struct a dwelling with insufficient side ya~'. Loo~ti~n of property: Point, Cutchogue, New York, lot number 299 in Amended Map A of Nassau Point." 8:30 P.M. (E.D.S.T.), Upon appll- cation of Marian Columbus Club, Inc., Depot Lane, Cutchogue, New cord&ncc with the Zoning Ordinance, Article III, Section 300, Subsection 5 (c), for permission to erect a frat- erty: east side Depot Lane, Chtch- ogue, New York, bounded north by Halecki, east by Zaneski, south by Bialecki, west by Depot Lane. 8:45 P.M. (E.D.S.T.), Upon appli- cation of Robert Wa,ddington, Jr., Fishers Isled, New York, a/c Brad- ford Buimham, FisherS Island, New York, for recognitior~ of access in accordance with the State of New York Town Law, Se~tinn 280A. LO- [( cation of property: north side private ' } SS: road, Pennisula, Fishers Island, New ~K, York, bounded north by Burr, east l by Right of lWay-Burr, south byI ~_ /~cc~<~ being duly Sworn, Burr, west by West Harbor. ' ................ Any persan d~siring to be heard irint on any of the ~beve applications; er and Publisher of the SUFFOLK should appear at the time and place~ ~sp~per published ut Greenport. in s~id above speCified. DATED: OCTOBER 11, 1967, BY ,tic~, of which the annexed is ~ printed ORDER OF THE SOUTHOLDi TOW~ BOARD OF APPEALS ied in the suid Suffolk Weekly Times ltO20 ' ~.~7., ¢~_ ........... week~ successively commencing on the ....~. >..'-~. :~ .~..~.~.~..~/.~. ..... Sworn to before me this ..~.~..~.~.. day of ...... \-~'v-:. 19~- .~.. Octobe~ 4, 19~7 ~. ]~lbert Burr 116 Roosevelt Avenu~ Hasbrook Heights, Sew Je~:se~ Dear The Planning Board has looked over your map of the Penninsula, Fishers Xsland, New York, dated 1913~ revised October, 1951; revised July, 1953~ and revised September, 1967. The Board has ~etermined that this map is so Obsolete that a ne~ map must be filed before any further division of land is ma~e. All lots will have to have frontage of at least 100 feet on the access road and meet the minimum area requirements. (12,500 square feet with adequate ~ublic water, or 20,000 square feet without public water). All roads must be cleared and improved at least to 20 feet wide~ possibly ~ldsr depending on the final number of lots ir~olved. The Ne~ York State Real Property Law requires the filing of a map prior to the sale of lots, and the Tc~n o£ Southold has lust revised their Rules and Regulations for the Subdivision of Land. All p~operty division and 8ales from October 1, 1967 are subject to ~hese re uire enta. NO building permits will be issued without this approval. Xn the matter of Mr. Burnham's lot, the Board recognizes prior o~nership and ~ill recommend that the Board of Appeals handle the ~r. Elbert Burr -2- approval o£ access to th~e single lot under the provisions o/~ the N~ York State To~n Law, Section 280A, with a m~n~mu~ road w~dth of 20 feet, cleared and graded. John w~ckham. Cha~xman Southold To~n Plann~'~g Board $outhold Town Board of Appeals Alfred Grebe0 Fishers ~sland Burnham ~tohe~ ~ X967 M~. ~obe~tWaddington MaddZng2on ¢ontraetin~ Co l~Xshers Island, ~ou~ application for buildin8 pelmit flor Bradffor Bum~ham received° · nelosed pXeasa ffind a copy off the offffielal.,denia~ based on lack of approved access. Th~ plot plan ~nd everything else is in _ Al~o ~nclosed ple~e find_applieationfolms;£or th rot app~ova~ or access . s~o~lo~ ~5 A ~ff ~h. ~ ~ . · application over complete them . ~.v~ +~- -._~[ .... : -T-'*~'--"! p~ease look them · ~ ~ ~,,~ ~cure no~a~xzea and retu.~n thom tom~ with a fee of $ %~00 so that the Boar of a~pea2s ~my ~et it Up for a hearing, In the mean tim~ ! would advise that you cl~r and widen the access ·oad ae we discussed on the Phone this morning and $~ may p~ooed with the lot clearing grading ~to. ~ours truly Inspector one copy of the application fo~ you~ ~eoo~ds .l'une Lx), 1967 ~,Bradford Burnham l%~ospect St Hudson~ Ohio. Dear Sir~ Your letter and map dated June 27 received today. I have looked up our records of the penninsulat and find that the original filed map has been ~bandonede the proper~y is now recorded by boundarys - not lot numbers, Further~ it appears that Hr, Burr is the largest land owner in this area and may well own the bed of the original roads and the right of way shown on your survey, I have written Mr. Burr asking for a map of his holdingsg showing proposed roads~ and suggesting the means of and requirements for getting approval of access in this area, Under our ordinance the road or right of way is the front of a building lott your lot has ample frontage and area for a residence. However your drawing of the proposed building as located willbe too close to the waterfront property line as we require a 2%ft setback for ~.~a~ yard are~e the~sideyards appear 0~,, and the setback minim~ is ~x~ ~rom the r~ght cz ways so everything else appears fine, ~s soon as I hear from Mr. Burr and look over his map I will contact both of you on the next step to clear un the access approval problem. truly ~ilding Inspector 27 dUH 67 Hr. Howard Terry, Building Inspector Town Clerks Office Hain Road Southold, New York Dear Hr. Terry: Attached hereto is the Plot Plan of Lots 33, 34, 35 and 36 on which we are putting a cottage. This cottage has been ideated on the Plot Plan for you. We do not know at thls time who the contractor will be, but will keep you Informed. As you can see, the back llne of these lots is correctly located. Insofar as the road is concerned, I discussed the question of access with Hr. EIbert Burr this morning and he agreed with you that it ~ould be indeed a simple matter to make the road easily passable for fire engines, utility trucks, etc. As a matter of fact, you probably are eware that the road has been Improved considerably from the old days. I will definitely be putting in city water as per your suggestion. Thank you very much for your interest. cc. Hr. Elbert Burr Att. BB/am Cordially, B[acl~ofo~B~rnham ~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE 0ctDbe~. .......................... TO THE ZONING BOARD OF APPEALS, TOWN OF SO'UTHOLD, N. Y. 1, (We) Robert .addznoton Jr A/C B~dfo~o. Name of AppellGnt Street and Number Fishers Island N,Y, ......................................................................................................................... HERE~Y APPEAL TO Municipality ~ State THE ZONI,NG BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .~.e.p.t.,...2~.~...!~6.7. WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ) (~ Name of Applicant for permit of Fishers Island NoY~ Street and Number Municipality State PERMIT TO USE ~Dd, b~iid PERMIT FOR OCCUPANCY Approval of access on ~0rlvate right of way (private road on penninsuia) 1. LOCATION OF THE PROPERTY P.!?....~.0.~.d.. ..... ?..e...nj.~.~.s. ld...]:...8.: ................................ Street Use District on Zoning Map . .a.p...~:~...d..o..z!..e. ~...~.~.~....~.e. ~.~..i..n. :s. ~.t..~ ............ ~'.$.s.!~e r s Zsland lv~ap 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.) To~al !al~? .qan~,i o~ PSOA 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 ~ha:s not) been made with respect, to this decisio~ 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 Jn Appeal No ................................. Dated ...................................................................... REASON FOP~ APPEAL ( ~0 A Variance to Section 280A Subsection 3 ) A Variance to the Zoning Ordinance ). Yr Burnham~ has a single lot ~s requested for the reason that: The owner~ . existing private road rtunming through the"penninsu!a" and wants a new s~ams_er no~eo The ros~d has not been a-0-oroved f6'~ ~ :' ' __ slc~ess to this Form ZB1 (Continue on other side) on the to build po!nuo REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because: The ;~peNminsula''~ v.ras once a filed map and has bee:a ':abandonedu some time in the past so there is no approval of access or lots in this area. The lot in question meets all of the zoning requirements as does ~he proposed dwelling, '~he road as now exists is serving two dwellings b~.ona the proposed location of the new home~ 2. The hardship created is UNI(~UE and is not shared by all properties alike in the immediate vicinity of this property and in this use district bec,ause "' The ~Penz:~i~uZL& property both in shape and location and has a 'ridgeu of high grou_~d where the ~oaa is lo~ated. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ ~his area is residential and a]_~.~ys will be~ the proposed dwelling is in keepin6 ~cith the others in this neighborhood: the access can be improved if necessary, STATE OF NEW YORK ) X COUNTY OF ~U££OZ~ ) (//Y~i'gnature Sworn to this- . day of October 19 67 ............ Not~r~ ~uN~c ~, 52-9509~8~ QualYled ~ $~ffo~ Oou~t~ I~OI~M ~0~ 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. I~OTiCE OF DISAPPROVAL File' No ........................ ' Date ............................. ~]~ .... ~. ......... 19..~. ........... ................................... PLEASE TAKE NOTICE that your ~application dated .......... :~,'.~~ fO~ permit, to const~ct ~,d..~,~; ................... at the premises located at .~ ..... .......................................... Block .......... ~k~.: .................... Lot is disapproved On the followin~ grounds ...~k..~f...aDp~..a~.~8s TOWN OF SOUTHOLD BUiLDiNG DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , lc) ........ Permit No ............................. Disapproved a/c .............................................................................................. Applioation No ............................. (Building Inspector) APPLilCATJON FO~ BUiLDiNG PERMIT Date ...... ~..~. p...~..~..'.r~.....~..~/.~.... 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 or areas, and giving a detailed description of layout of property must be drawn on the diagram which is port 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 sh.a.li be occupied or used in whole or in part for any purpose, whatever until a Certificate of Occupancy sharJJ 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 alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws., ordinances, building code and regulations. .! 4.~ ~;~ tl ,/ he, (,Signature of applicant, or ham'S, if a corporation) .... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engi,neer, general contractor, electrician, plumber or builder ............... ... ..*.. ...................................................................... o er of p m,se .... ..... Jf .applic~/La/t/~.,.c/~ee~signatu~rt~ of duly authorized o,ficer. 1. Location of land on which proposed work will be done. Map No.. .... Lot No' .'.~...~.. Street and. Number &/g;/'/S f¢ L~. i ~/~P~ '~S~(Z~~ ............................................................. ~P~ Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a, Existing use and occupancy ~ ~ ~ ./~ J b. intended use and occupancy .;L~: ..... /]¢.~.~. .... 3. Nature of work (check which applica,_,.~: New Building'. ................. Addition .................. Alteration .................. Repair .................. Removal .................. Demolition ............. ..... Other Work (Describe) ........................................ 4. Estimated Cost ..~]j...~.~t...O....O. ................................ Fee ....... /...0...~.....~¢~. ...................................................................... " ' (to be paid on filing this application) / 5. l'F dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ tf garage, number of oars ....... /~...0.~....~-. ................................................................ : ....................... : ................................ 6. if business, commercial or mixed occupancy, specify nature and extent of each type of use .... ../~/,...O.,.~..,,~:,. ........ .- 7. Dimensions of existing structures, if any: Front "'-~ Rear ~ Depth ....-~, .............. ~'. Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with a,tterations or additions: Front .................~.'~ ................. Rear ............................ Depth ................ ~ ............ Height ........ ~: .................. Number/of Stories ................................ ~ .....,¢~.....t. ........... 8. Dimensions of entire new construction: Front ........... .~-~., .................. Rear ........ ~ ................ Depth ~ ' ~/7~ ....... ~ ...................................... Height. .... .. /. .~ ........ Numbert of Stories .f ................... ;~.~ ..... 9. Size of lot: Front .......~.....~.. .......... Rear iiiiiiiiii~.~ ................... 1~' · .....~..i~.i~. .... ~.'~..~...~../7¢7-~) 10. Date of Purchase ........................................................ Name of Former Owner ........................................................ t t. Zone or use district in which premises are situated .......... ,~. :¢. . .5. ..: .............................................................................. 12. Does proposed construction violate any zoning law, ordinance or regulation? ....... .~..0. ............................................... .... E~J... ~: ...... ~,. ..................... Ph.one No ..................... Name of~r,,~premises.~jT~.e/....~.......~...~.~..~..~.~...~..~¢;~ .... Address Z~ Off4'~ t3, Flame of ~ .~.~..~¢7/~/..~.0.~.-~-fl..~:-5.'.,'~"~· .............. Address ...~...~..?.~..~l...~.../?.(:.O. .......... Phone No ..................... Name of Contractor .~.~.~t.l~./¢.~..~..~.~..i~/..'..~..~....~Address .~..;,fL~.¢...~... ~..~.~.~.d..~...¢.~.. Phone No. 2.¢.~:,7.~7 PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate ail set-back dimensions from property lines. Give street and block number or description according to deed, and show .street names and indicate whether interior or corner lot. STATE OF NE'¢~YC~K, COUNT_.Y~.,/i-,,--,~,~//__iOF .~~ ............ ' 'i .......... Z~.~*~...~.~(~/. .... ¢-~ .......................... being duly sworn, ~e~se, and ,~ys that he is the (Name of individua~ signing application) above n~med He is the ..... .~~.~.~..~-~-- ~ ...... ~.~-(~.~ ......................................................................................... (Contractor, agent, corporate off cer, etc.) of said owner or owners, and is duly authorized to perform ~ have perfo~e~ the said work and to make and file this application; that alt statements cont.ained in this application are tr~e that the work will be performed in the manner set fo~h in the applicati¢~e~e~~ Swornto be. fore me this ........ .... of .......... , .................. , .......