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Home My WebLink About1101 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARJ) OF APPEALS Appeal No. 1101 Dated May 18, 1967 To Ben T. &Maren Driskell North Bayview Road Southold, New York DATE ..0~%U1~..8,. 1967 Appellant at a meeting of the Zoning Board of Appeals on Thursday, June 8, was considered and the action indicated below was taken on your ~ ) Request for variance due to lack of acces~ to 9rsperty ( ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance . ( ) 1967 the appea~ 1. ~PECIAL EXCEPTION. By resolution of the Board it was determined that a special e~csption ( ) be granted ( ) be denied pursuant to Article .............. Section ................ Subsection ................ p~ragraph ............... of the Zoning Ordinance, and the dec,sion of the ~uflding Inspector ( ) be reversed ( ) be confirmed because 7:30 P.M. (E.D.S.T.), U~on application of Ben T. Driskell, and Maren Driskell, North Bayveiw Road, Southold, New York, for recognition of access in accordance with the State of New York Town Law, Section 280A. Location of tlroperty: north side North Bayview Road, Southold, New York, bounded north ,by H. Martins- G. Davis, east Joy Harry Schumacher,~. south by North Bayview Road, west by John Ringotd. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) ~reduce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (wonid not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) (~vould not) change the character of the district because 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. POP, M ZB4 APPROVED ZONING BOARD OF APPEALS Barbara C. Dittman~, Secretary After investigation and inspection the Board finds that the applicant requests approval of access in accordance with the State Law. The right of way is requested to serve four interior lots. These lots will all be of sufficient frontage and area. This proposed 15 foot right of way adjoins an existing 30 foot right of way. without this approval of access four building lots would not be useable. 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 ~he spirit.of the Ordinance and will n0t ch~nge>th~ character of the 4istrict. , ~FORE, IT WAS RESOLVED that Ben T. D~skell and M~ren Driskell, North Bayview Road, Southold, New York, be ~ranted recognition of access Qn~roperty located on the No~th side North Bayview Road, Southold, New York. This right of way shall be subject to the final inspection of the Southold Town Building Inspector. EEGAL NOTICE Not~ce of Hearings Pursuant to S~tion 267 of Tow~ ~ ~d the prov~ions ~e ~end~ Bulling ~ne Ordin- ~ of ~e T~n of Mou~old 8uff~k ~ty, N~ York, public h~in~s w~ ~ ~eld by ~e Zon- ~ ~d ~ Ap~ of the Towr of ~u~ol.d, ~t ~e Town Office ~ ~d, ~uthold, New York ~ ~e 8, 1967, at 7:30 p. m. pH~tion o,f Ben T. ~iskeH and ~, ~ub~ld, New York, ~or re- ~gnit~on of ~ess ~ ~th ~e 8~ of N,~ York Town ~' ~c~on ~. Loemtion of p~per~: ~o~h Ede Nor~ Bmy- :~ ~ad ~ut~old, New York, sou~ by ~erth Ba~i~ ~d, west So~ Vi~ Avenue, ~thold, New ~ork, ~or ~ speci~ exception ~r~nce wi~ the Z.~mg Or- d~ce, A~e ~, S~tion 8u~on 5 (,d), for pe~i~ion ~ p~pe~y: ~ side S~md View Avenue, ~u~old, Nc~ York ~und- ' ed ~rbh by So~ View Aven~e,~ ~e~t by Ze~,~o,th~ south by . Nor~ ~o~, w~t by S~en~ki-~ ~ Bibtner. . pli~tion of There~ ~l~oef.er, 29 ~ruce S~reet, G~d~ City, New~ ~k, for a ~}~e ~ ~ccordmn,ce ~ 9he Zoni~ O~ce, Arti- ci:ent f~n~mge mhd ~e~. t~n of property: ~th si~ ,~d, Cu~ue, N~ York, :~ded ~ by E~b R~d, e~t ~by W~c~ ~uth by L. ~m~, west by Wil~. 8:30 P~. (~.8.T0, Upon ~d, E~ ~n, N~ York, ,a/c Frigo ~t., Green~rt, New cie III, ~tt~n 3~ ~ pemis~on c~nt f~tage ~ ~ gpprowl S~te of N~ ~ork ~ ~w, ~- Graft, N~ Y~k, ~ed Pfeifer. ' '' on ~y of ~a~ve mpplications shoed ~ the time ~d P~ ~Ve s~ied. COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: says that ..~. is Printer and Publisher ~f ~e SUFFOLK WEEKLY TI~ES, a news~per pub~ish~ ~t Greenport, in said county; and ~at the notice, ~f which ~e ,~ne~d is ~ ~int~ copy, has been published in the ~id Suffolk Week~ Times ~nce in e~ch week, f~r ..... ~ ................ week~ successively commencing on ~e .. ~,~:~ .......... day ,of .... ~:~ ....... 19~/. S~arn to ~fore me this . LEFFERTS PAINE EDSON May 18, 1967 Mr. Howard M. Terry, Town of Southold Town Hall, Main Road Southold, New York Building Inspector Dear Howard: I enclose herein an application in dupli- cate of Ben T. Driskell and wife for right of access for their property on North Bayview Road, together with the fee of $5.00. will you kindly present this to the Board and put the matter on for a hearing? Sincerely, LPE/mhk /' ~ ~ f/? Encs. ~ ~ ? ~ TOWN OF SOUTHOJ-D, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / { ~J) / TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. B. ...................... Street aha Number ...... ~.o...~..~.~.o...1.~ ..................................................................... ..~..e...~....~...o..~...~. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD O'F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ()Iq APPLICATION FOR PERMIT NO ..................................... DATED ................... , .............. ..... ~. ~___~ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ................... ....th.~..,~.~me...addras s ..................................................................... Street and Number Municipality State (x) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) North side of 1. LOCATION OF THE PROPERTY .Noaz~..B.a,y3z.i.e.w...R.oa~l ............ ~..r...~.~.~i.cl.~D,t-,£.~% ........ Street Use DistriCt on Zoning 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.) Town Law, Sec. 280 A 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordin.a.nce or Zoning Map (x) 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 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 x) A Variance to Section 280A Subsection 3 ) A Variance to the Zoning Ordinance ) ,s requested for the reason that appellants are under contract to sell their dwelling on this property with a parcel of land 200 feet wide and 138 feet in depth. This will leave your appellants with sufficient land for four lots to the rear of the said dwelling, each 100 feet by 200 feet for which access is necessary to make their use as building plots possible. 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 said four building lots would be land locked without recognition of access. 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 does not front on a public road, nor on a right,of way usable by the appellants. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the four building lots for which access is being applied for herein are each 20,000 square feet in area, larger than is necessary under the Southold Town Zoning Ordinance in this dis- trict. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ). Sig. nature Sworn to this ....... ~.~.~J;%.; ............................ 'day of .............~.~Y...~. ................................ 19 67 ...... ~-= ............ "Not&'~;'FG~ii$ ............................ ~ ~°=^== ~=~' ~=¢~ °~ ~ =~'= No. 52-I077585 - SuffoJk CobtnCY CommiSsion :Expires FAarch 30~, 196c} FOI~M ~(~. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL'ERK'S OFFICE SOUTHOLD, N. Y. ~OT~CE OF DISAPPROVAL File No .................................................................. Date ...................................... .I[~..a..y. ...... .~..~ ....... ................................................................................ map PLEASE TAKE NOTICE that your ~~ dated ......................... ]-9.~ ............... [[9 ........ for permit to ~ .di.v.i~l~...lo.t~ ........... at the premises located at ..~.~.~..~.q~.~ .......... Map ............ J~;~ ...................... Block .......J~XX .......................... Lot ................ ~ ......................... is y~~~ disapproved on the followinff grounds ............ OP~'I?TY DR/S/CELL 'oz.o, A,(. .)r" ~00 I~ /~' O R TH I~A ~' I/IE I,/1/ J:? O,,~ D