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Home My WebLink About35B~CK~H~, C~RLES L. #35 .~ 161-30 129th Ave. Nov. 14, 1957 Jamaica, NY Variance DENIED - The Board was unwilling to vary the side yard r~quir~me~t beyond the 50% limit as requested, N/S Soundview Avenue. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 35 Dated Oct. 2~, 1957 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To Charles L. Decker 161-30 129th Avenue, Jamaica, N. Y. At a meeting of the Zoning Board of Appeals on November IL, 1957. was considered and the action indicated below was taken on your DATE...~p.~.e..m, ~.e. ~..,1,,5 ~ 1957 Appellant the appeal ( ) Request for variance due to lack of access to property ( ) Request for a special permit under the Zoning Ordinance (x) Request for a variance to the Zoning Ordinance ( ) 1. SPECIAL PERMIT. By resolution of the Board it was det~ermined that a special permit ( ) 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 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance ~ (would not) produce undue hardship because the Boarcl was unwi].]ing to vary the sideyard requirements beyond 50 percent, as requested, the fee]lng of the Board being that this would not constitute an undue hardship. (b) The hardship created =~ (is not) unique and (would) (:~x~J') be shared by all properties alike in the immediate vicinity of this property and in the same use district because it wac brought out during the hearing that several buildings adjacent to this property are within a few feet of the property line, the exact distance being in dispute. (c) The variance~ (does not) observe the spirit of the Ordinance and (would) ~ change the character of the district because of the extremely narrow width of this property. and therefore, it was further determined that the requested variance ( ) be granted (Z) be denied and that the previous decisions of the Building Inspector (X) be confirmed ( ) be reversed Description of property given in appeal: Iot 30' front, 10' rear x 255'/250' in depth - North ~ide of Sound View Avenue, Southo]d, N. Y. ZONING BOARD OF APPEALS ra e . ey ( Secretary STATE OF NEW YORK, ~ SS: ..~.:,_.~~..._~ .............. be~ d~y swot,,, says that ....... ~:JOis ~nter ~d PubHshe~ of the S~FOLK TI~S, a n~w~paper published at Oree~, in said county; ~nd ~hat the no~ice, o~ ~ich the a~exed is a p~ted copy, has been published ~ the s~d S~fo~ Times once ~n each week, for ................................................... ~ .................................... week{ success:vely commenc~ on the ~ ' 5:~~m~: ................................................. 8worn ~o before me ~hi~ ..... J..~..~..x._ ..... ~_~:...~ ....... ~,.~.~ ........... ~-.~ ~-.- ~,~--~- ~-~ ........................... ~ ~2.~2 My FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ~-?~ ~ ~ 19 5' 7 for permit to construct .~...~:?~- ~...?.~? at the premises located at .~.,~.....~.....~...:~.Z:,:.J...~,~--,~t, .... ..... ............................................ Lot ......... .-. ................................. is returned herewith and disapproved on the following grounds ...~....,~....~,~,~,~;~~... FORM NO. 1 TOWN OF $OUTHOLD ~U,LDING DEPARTMENT Town CLER.'S OFF,CE SOUT.OLD. N. Examined ...... ~....~..~ Approved ........................................ 1 9 ........ Per.it ~ ................................. ....... ..... ....................... (Buildin0 Inspector) Application No ..... '.~....~'...../. ........... APPLICATION FOR BUILDING PERMIT ........ .... ...... INSTRUCTIONS o. 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 drown on the diagram which is port of this location. 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 shall be occupied or used in whole or in part roi' any purpose whatever until o Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Deportment for the issuance of o Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Lows, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, os herein described. The applicant agrees to comply with oil applicable lows,ord inonc~ o)~!~~'~'r '~' ~~~'~l~'~'~'i~'ireguj~ti°ns' ~ ,O ..... ......... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electricon, plumber or builder. Nome of owner of prem ses ~ ' If applicant is a corporate, signature.of duly authorized officer. (Nome and title of corporate officer) 1. Location of land on which proposed Work will be done. Mop No. ' -- Block Street and Number ..~./.~. ~:..~....~. ~ 2. State existing use and occupancy of premieses and intended use and occupancy of proposed construction: a. Existing use and occupancy //~---'~"~'~ b. Intended use and occupancy...~ ...... ~~ ~' 3. Nature of work (check which ap~ble): New Bud ng ..................... Addit ~ . ................... Alteration .................... Repair .................... Removal .................... Demolition .................... C~ther Work (Describe) 4. Estimated Cost 3 ~ aa '--' ~ ~ ~ (to be paid on filing this applic~'~i~'~) ........ ...... :~ .................................................... tee ..... .~. ............................................................ FEES: 5. If dwelling, number of dwelling units ............ ../.. ............ Number of dwelling units on each floor ............................ If garage, number of cars ............ . ....................................................... 6. If business, commericol or mixed occupancy, specify nature and extent of each type of use... ~ .....~.. ......... 7. Dimensions of existing structures, if any: Front ............................ Rear ............................ Depth ............................ Height ............................ Number of Stories .............. Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Depth .............................. Height .............................. Number of Stories ................................ 8. Dimensions of entire new construction: Front ....... /....~. .............. Rear 7~ Depth ........~.....O. ............. Height ............................ Number of Stories .... ~ ..... 9. Size of lot: Front ~ ~' ~ ..~...~../..~. ....................... Rear / 0 ~ ............................ Depth ..~.. .......... ..~....C~. 10. Zone or use district in which premises are situated...,~JL:....~ ....... ~ ......................................... 11. Does proposed construction violate any zoning law, ordinance or reguaton? . ..~ ............................ 12. Name of Owner of premises...~....~.~/....~......~...C~. Address ~C~.~.~...Z~...:,,~..'~':t Phone NO ..................... A ' 1, Name of rcnitect ............... ~_. .................................... Address ............. ].~. ............................ Phone NO ..................... Name of Contractor ................................................... Address ............. ~ ......................... Phone NO ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NE~/ YORK, ~ ) S z (Name of indj~/~lduol signing opplicotion)/~.~ ,~-_J duly sworn, deposes and says that he is the applicant above named. He is the ............................... ..~...~...'~.~.,: .................................................... ,,,(Co tractor, agent, corporate officer, etc.) ........................................ of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application ore true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith, Sworn to before me this .... .~.. · .~.. .......... day of ........ ~: ..................... 19...~.'~.~. .... Notary Public,.~.~..~~ .......... County ELOISE 80WDEN Notal7 Public State of New York Residing in Suffolk County No. §2-03~7~00 My COmmissmn Expires March 30, 19 Z~<::~ ,4L ~o - /d,'e £ 13o ~' ~-b.?~; G 014 7- b'~ t & .9 ~ £ O z_,,1,,? [.r REASON FOR APPEAL (Con't.) (3) The VARIANCE would observe the spirit of the ordinance and would NOT CHANGE THE CHARACTER OF THE DISTRICT because: (d) A TEMPORARY PERMIT IS REQUESTED because: (e) EXTENSION TO A TEMPORARY PERMIT IS REQUESTED because: STATE OF NEW YORK) ) SS COUNTY OF ) Sworn to this day of 19 , Signature Notary Public APPEAL '" '" APPEAL NO. ~ 3], DATE: ~ ~~/g(~ New York, TO THE ZONING BOARD OF APPEALS of i &! - 3o Name of Appellant Street and Number ,~~' c~ ~ ~ ~/, HEREBY APPEAL TO ( ~unicipality State' TH~ ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR $N APPLICATION FOR BUILDING PERMIT NO. /-~/ DATED ~-~h~~ ~ , 19 ~-7 · WHEREBY THE BUILDING INSPECTOR ( )- GRANT DENY To % Name of Applica.n.t for.permit ~treet and Number Muniq~i~ality State (-><~) A PERMIT TO ~ /~,.,,.,:~. ~ ' ( ) A PERMIT FOR OCCUPANCY ( ) A TEMPORARY PERMIT OR EXTENSION THEREOF ( ) ^ CERTIFICATE OF EXISTING USE i', LOCATION OF THE PROPERTY/~//~ ..~~ ~/~J~.~ Street & Number Use' District on ZQnin~ ' 2. PROVISION(S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article section~ subsection and paragraph of the Zoning Ordinance being appealed by number. Do not quote the 0rdinance.)~.,. y 7~7-~.~O~).~ TYPE OF APPEAL Appeal is made herewith for ( ) An interpretation of the Zoning Ordinance or Zoning Map ( ) A special permit under the Zoning Ordinance or Zoning Map (~ A variance to the Zoning Ordinance or Zoning Map ( ) A temporary' permit 4. PREVIOUS APPEAL A previOus appeal has ( ) has not (~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal(s) was ( ( ( ( and was (were)made in Appeal No. Appeal No. Appeal No. Appeal No. ) a requested interpretation ) a request for a special permit ) a request for a variance ) a temporary permit dated !9__ .dated .19__ dated %9__ dated .19__ REASON FOR APPEAL (Complete relevant blank. Use extra sheet if necessary. (a) INTERPRETATION OF THE ZONING ORDINANCE IS REQUESTED because (b) A SPECIAL PERMIT UNDER THE ZONING ORDINANCE IS REQUESTED Pursuant, to Article .Section__Subsection .Paragraph (c) A VARIANCE TO THE ZONING'ORDINANCE IS REQUESTED FOR THE REASON (1) STRICT ~PPLICATION Qf the 0rdins~uce would produce L~NDUE because, ~/~~~~ ~~.~c~J~,~ (2) The hardship created~is UNIQU~ and is n~t shared by all p~operties alike in the immediat~ vicinity of thiD property and in this use . district because: ~.~ -%~ o~ ~ ~ REASON FOR APPEAL (Con't.) (3) The VARIANCE would observe the spirit of the ordinance and would N?T CHANGE THE CHARACTER OF THE pISTRICT because.~~~ ~..~~ %6~ ~ ~~ ~'~--' (d) A TEMPORARY PERMIT IS REQUESTED because: (e) EXTENSION TO A TE~PORARY PERMIT IS REQUESTED because: Sworn to this~ day of Notary Public S i gna~ 15 Novenber 1957 Mr. John E. Sebar, ~717 195th Street, FlrshSn~' 58 i{. Y. De~r ~,~r. Sebar: Thank you very m~ch for your lelter of NoveE:~er 13th. ~r. Charles L. Becker's appeal for a variance of the ord~aauce which relates ?o the distance a b~;ild~ng may be erected from the pro,sera,es o~ each s~de w~s heard last ni~-ht at ~blic hecri~ and the appeal was d~nied. The only matter which was before the Board of Appeals was that questioa. A b~ildinE on ~n undersize lot may l)e erected leaving at least 5 feet on one s~de ~nd 7~ feet on the olher. Mr. Becker asked that he be Fronted the right to erect a buildS~ leavi~ less space On the side yard. He v,-~s de~ied. The ~)uestion of his ri~h~ to construct any build iaF ou the lamd in question is not for us ?o decide and tha~ did mot enter into the proceed inrs. Your letter ~va2 re~d a~ the he~rin~ and a record made of ii. Please do not hesitate to ask our tu~l~ng Iuspc~ctor or any me~.,ber of the Board any questions ,,~ y have relatin~ ~o ma?lers ¥~der our J~risd]ction. Very trul; yours, 15 qovemoer 1957 Room 901. ?1 Broadway, New York 6 ~.Y. Dear Mr. ~cDonald; Thank you very muci~ for your letter of November with its enclostre which I am ret~rn~n~ with 1his letter. ~lr. Charles L. Becker's appeal for a variance of ihs ordinance which relates to the distance a ;~uildinF. may be erected from the properties on each side was heard last night a? public hearin~ and the a~pea~ was d~n~ed. 9he o~ly matser which was before the Board of Appeals was ~hat question. A buildin%, may Oe erected on an undersize lot leavin~ at least 5 feet on one side and 7~ feet on the other. Nr. Becker asked thai he be granted the right to erect a b~ildin? leaving' less space on the side yards. Its was denied. The question of his right to construct any build]n~~ on the land in question is not fur us to decide and ~hat did nnt enter into the oroceedings. Ynu letter was r~ad at the hearin~ and a record made of it. The Board of Appeals may decide q~estions directly concerned with the Ordinance and any information we acquire helps us ~ %1 reach a decision '.~u~ we are no~ authorized to st¢o in where ?here is a conflic$ resoecting ~he te~zs of a deed unless those are less than the minim~ requ~reme~+s of the Ordinance and , if I may, I refer you to Section 1010 of orr 0rdiuanee. On a personal note I woul~ say that court action would be necessary if you and the other 12 or 15 ~,nd I think that all of their.,, have the same clause, feel that Booker is not allowed ?o erect any build in~ on the land. My kind re,dr s to yOU and ~{rs. EcDonald. Very truly yours LOUISVILLE AND NASHVILLE RAILROAD COMPANY FINANCE ?! BROADWAY NEW YORK 6, N. Y, November 12, 1957-g Hon. Herbert Rosenberg Box 13 Southold, New York Dear Senator. Mrs. McDonald and I thoroughly enjoyed the opportunity of meeting you in Southold on Saturday, November 9th, when we discussed the right-of-way which we hold on the property on Soundview Avenue adjoining o'ur house. I enclose, for your inspection, as we agreed, the Deed from Matthew J. Clark and wife to Elizabeth K. McDonald, dated July 17, 1957, covering certain property on the southeast corner of Clark Road and Soundview Avenue, which is self-explanatory and confirms the opinion I expressed that the right-of-way property is l0 feet wide on the northerly side of Soundview Avenue and 30 feet wide along the high water mark of tlhe Sound. I have always understood that the width of the property on the bluff was approximately 22 feet, although this is not mentioned in ~ Deed. I sincerely trust the dimensions of the right-of-way expressed in the Deed will give you an info,ed opinion as to the application of Ci~arles L. Becker for a varisnce of the Building Zone Ordinance, Article Three, Sections 303 and 307, when the subject is heard before the Zoning Board of Appeals of the Town of Southold at the Town Clerk's office on November 14, 1957, at 7:30 P.M. I sh~ll be obliged if you will be good enough to return the Deed after it has served your purpose in the enclosed self-addressed envelope. We deeply appreciate the interest and courtesy extended by you in this connection. 15 Novema~er 19~7 Dr. Charles Ruderman. ~edical Tower . 31 L~ncoln Park, NeWark 2 N.J. Dear Dr, Hudem~an: Thauk you very much Ocr yot~r letter of f'~ovemoer il. Er. Charles L. Beeker,s appeal for a variance of the ordinance which relates to the distance a building may be ere ted from the properties og each side was heard last night at public hearing, and the appeal was denied. ~ ~ The o~ly matter which w[~s before the Board of Appesls %fas that q~esZion. A build i~ may b~ erected on aq undersize lot leav in~ at least 5 feet o~ o~e side and 7~ feet o~ the other. Mr. Becker asked that he be Rranted the r~ht tc erect a buildin~ leav~ less space on the side yards. He was de~ied. The question of his r~ght to construct any buiidia~ on the land ia question ~s not for us to ~ '~ Geclce a~d that did not e~ter i~to the proceedi~gso Tour letter was read at the heari~ a~d a record made of it. Please do mot hesitate to ask our Build~ Inspector or ~ny member of the Board a~y questions you may have relatin~ to matters uqder o%~r J~rtsd~.Ction. Very truly yours, CHARLES RUDERMAN, D. D. S. DENTIST MEDICAL TOWER - SI LINCOLN PARK November ll, 195V The Honorable He.bert Rosenberg Box 13 Southold, New York. Dear Senator Rosenber~: It has come to my attention that Mr. Becket of Clark Road, Southold, is applying for a variance of the zoning laws on property running from Soundview Avenue to the Sound. This property is recorded in my deed as a right of way to the beach. I understand Mr. Backer plans to build a summer rental home on this Darcel. This is against the ter~s iB the deed and I object to grantin~ Mr. Becket the right to build on this property. I trust you will consider m~ objections to any change in re~ard to this nroperty. Very truly yours, LEGAL NOTICE · ;OTICE OF HEARING Pursuant to section 29ToI the TOW~n Law and t~e provisions of the ~uild~l~ Zone Ordinance of the Town of Souttl. old, Suflolk County, New York, a public hearing will be held by the Zon~n~ Board ol Appeals of Town of Southold, at the Town Clerk's Office, Main Street, ~outhold, N. Y[, on November 14. 1957 at 7:30 P. M. prevailing time, ~ t~e al~l~o~ of ~*harles L. ~ for a variance of the Building Zone Ordinance, Article III, Sections 303 and 30~. Th~s property located on Sound View Ave., Southold, N. Y. ~ p~on dewing to be heard on the abo,;e appltc~tion should appear at the time and place above specified. Date: October 24, 1957 By order of the Zoning Board of Appeals, Town of Southold. Z-Ioward M. Terry, Building Znspector COUNTY OF SUFFOLK i STATE OF NEW YORK . ss. Frederick C. Hawkins, being duly sworn, says thai' he is the owner and publisher of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler Mattituck Watch- man once each week for ....... ..~.~'~,~..ff .. weel~ successively, commencmg on the day of ...... (~. ~,~'~'i. ~ .......... 19.>2..~ - Sworn to before me this ......... ':~. ........... day of .~,'~ ~:'...~4.4~....~. .......... ~ ~; De~r 8i~'~ There ~lll be a pmblie hem~ nlxm your applieation for a variaaee f~om the Ymning O~dina~_ ~, ..A~tiele Ill, ~eetto_n~. 303 a30'/ heXa ~ taae ~om~ag '~oard of A~eaX~ 'a~ ~.he Y~_~ CXee~'s efface, ... Main 8tmee~, Sout~old I1.~', e~ l~oveebe~ 1~, 195"/ at 7~30 PM l~revax-xng Building X~peet°~ C.C:. to Nat~lhev J. Cla~k, a~ent fore'ambles L. Beeker. LEGAL NOTICE NOTICE OF HEARING Pursuant to section 267 of the Town Law and the provisions of the Building Zone Ordinance of the Town of 8outhold, Suffolk County~ New ~ork, a public hearing will be held by the Zoning Board of appeals of Town of $outhold~ at the Town Clerk's office Main Street, Southold~ N.Y. on November 14, 19~7 at 7:30 PM. prevailing time upon the application of Charles L. Becker for a variance of the Building Zone Ordinance, Article I~I, Sections- 303 and 307. This property located on Sound View Ave. Southold, N.Y. Any person desireing to be heard on the above application should appear at the time and place above specified. Dated October 24, 1957 By order of the Zoning Board of Appeals of town of $outhold Howard M. Terry, Building Inspector Please publish once Nov. 7, 19~7 and forward the affidavit of publication immediately to the Building Inspector. Thank you APPEAL APPEAL NO. ~-~- DATE: TO THE ZONING BOARD OF APPEALS ~~-/Cf New York, Name of Appellant Street and Number ~-~-~ ,~--~-~ /%/ ~/. HEREBY APPEAL TO ~nici pality State THE .... ~,I,,G BOARD OF APPEALS FROM THE DECISION 0F THE BUILDING INSPECTO:[ O[ A~PLICATION FOR BUILDING PE~IT NO. / ~f DATED ~ ~Q-~ ~ Y, 19 ~7 . WHEREBY THE BUILDING INSPECTOR ( ) GR~NT Name of Applicant f~r~ermit , Street and Num~qr Mun~pality State (~) A FERMIT TO ~ ~ ( ) A PE~IT FOR OCCUPANCY ( )A TEMPORARY PERMIT 0R EXTENSION THEREOF ( )A CERTIFICATE OF EXISTING USE 1'. LOCATION OF T~ PROPERTY~ ~A ~~, ~f~ S%reet & N~ber Use Distr~ct on Zo~ng' Map 2. PROVISION(S) 0F THE ZONING ORDINANCE APPEALED (Indicate the Article section~ subsection and paragraph of the Zoning Ordinance bein~ appealed by number. Do not quote the Ordinance. '~ ~, 3. TYPE 0F APPEAL Appeal is made herewith for ~~ - ( ) An interpretation of the Zoning 0rdinance or Zoning Map ( ) A special permit ~der the Zoning 0rdinance or Zoning Map (~ A variance to the Zoning Ordinance or Zoning Map ( ) A temporary' permit 4. PREVIOUS APPEAL A previous appeal has ( ) has not (><~) been made with respect to this decision of the Building Inspector or with respect property. Such appeal(s) was ( ( ( ( and was (were)made in Appeal No. Appeal No. Appeal No. Appeal No. to this a requested interpretation a request for a special permit a request for a variance a temporary permit dated 19, ,dated_ .19__ dated ,19__ dated 19__ REASON FOR APPEAL (Complete relevant blank. Use extrs sheet if necessary. (a) INTERPRETATION OF THE ZONING ORDINANCE IS REQUESTED because (b) A SPECIAL PERMIT UNDER THE ZONING ORDINANCE IS REQUESTED Pursuant, to Article Section__Subsection Paragraph_ (c) A VARIANCE TO THE ZONING ORDINANCE IS REQUESTED FOR THE REASON (1) STRICT APPLICATION of the Ordinance would pro&uce UNDUE HARDSHIP because; N~,~.$ ~A~) ~~ C.~ ~x',~% ~/-~- ~ (2) The hardship creat~ is UNIQUE and fs not ~hared by all properties alike in the immediate vicinity of this property and in this use district because: 'j~ ~ ~ .~ ~,~,.~2~ REASON FOR APPEAL (Con't.) (3) The VARIANCE would observe the spirit of the ordinance and would NOT C~ANGE THE CHARACTER OF THE D~STRICT ~ because:~C.~~,~ i'~.~,,.~,,~ ~ CL~J~..9~~ .,~,~,~t~Ck~,~ (d) A TEMPORARY PERMIT IS REQUESTED because: ~ (e) EXTENSION TO A TEMPORARY PERMIT IS REQUESTED because: STATE OF NEW YORK) COUNty 0~ SS Sworn to this Q % day of d~l. Notary Public 151 ISSUED TO DATE ADDRESS This notice must be displayed during construction and returned to Building Dept. to get a certificate of occupancy upon completion of work. BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N. Y. iooo-5'/-I-,~o