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Home My WebLink About952 TOWN Oi= $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.2~7 TO.THE ZONING BOARD O'F APPEALS, TOWN OF SOUTHOLD, N. Y. Arch Davis, as Executor under the Last Will ~ . ~ I, ~ an.~..?2e.stam~n.t~..~'..~.hi.l...]~e~.~..~of ...................................... .~.~.v...z..e...~..o..A.x.e.~.e. .... Name of Appellant Deceased Street and Number ............ ~. ...... .~..O.~,.~.]~P,]L.~ ....................................................... i~.W...~O~-E.. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .......................... - ........... DATED ..... ~'~7 ..... ' ........... ~' ................. WHEREBY THE BUILDING INSPECTOR DENIED TO ................... ..... ...... ....... Narne of Applicant for permit of ( ) P;ERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street and Number Municipality State 1. LOCATION OF THE PROPERTYJ}~[.o~.t~...8;Ldg...[xz~in..Roa~,...O.'~3.ezLCi ............ A ................ Street Use District on Zoning Map .................. ........................ 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 Do not quote the Ordinance.) Art. 1G Sec. 280~ S~b. 3 (access to interior lot) 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 C6ns. 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 reguested for the reason that applicant wishes to sell the properties at Orient belonging to the Late Phil Berry. They consist, as shown on the attached map of two Darcels~ one on the ~a~ Roa~ on which ~he resi4~noe is ~oate~,- and the other frontin~ on the Sound consisting o£ about 3 acres. The parcels are (Continue on other sid~ connected by a l0 foot right of way. Applicant has been ~ unable to disoose of the properties together and has been advised~by Form Z i. - . orokers that disposition cou!~ be expedited by selling each parco± s eparat ely. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP~ Both the residence and the Sound properties were acquired by the Late Judge Henry G. Wenzel, Jr. in 1941, the residence property from Manufacturers Trust ,Company. and the.Sound property from Ezra Halloctk Toung. ~..The Sound property included a l0 foot right of .-Ray, from it to the,~residence .property. Both parcels with the right of way were thereafter acquired from Judge Wenzel's widow, Blanche Wenzel~ by Phil and Evelyn Berry in 1962. The right of way has been continuously used ,by the Wenzel snd~,BerryoTami~i~e~s since l~&l. Denial of access would create a hardship zn ~zsposzng cz ~ne proper- flesh. 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 th±s ±s un~tzal and pro~ably the only situation in that area where property does not run continuously from the Hain Road to the $ound~ Mr. Berry, in his zzzetzme~ tried to enlarge the right of way by acquiring more land from Mz~s~ Ruth Young but was unable to do so. I now understand that ~irs, Young is in an institution and incapable of transacting any business° 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because , a~ Btate6 in "l" abo~e, the property has been used continuously with a ten foot right~ of way since 1941~ STATE OF NEW YORK COUNTY OF ~_OT~ SS Signture Sworn to this ............. .~.~..t...h. ......................... day of ......... Notary Public NOTICE OF HEAI~I~S Pursuant to Section 267 of. the Tow Law, and the provisions of the amenfie Building Zone Ordinance of the To~'n of Southold, Suffvlk County. New York. ~ublic hearings will be held by the Zoning Board of Appeals of the Tcwn of Southold, at the Town Office. Road, Southold, New York, on Sep- tember 15, 1966, on the fo!lov, iP.g appeals: 7:50 P. M. (E.D.S.T.I, upon applic3- tion of Donald H. Case, a c Alice W. and Henry E. Case. for recognitio.,~ o~ access in accordance with the Stal:~' New, York Town Law Section 280A. Cedars Road and west side dl New Location ~£ property: south side , Suffolk Road, Cutcho~e, New York, by by property of appl cant, south by property of applicant, west by property of applicant-Peterson. tion of Arnold Golz, Mattituck, Ncx~ i York. for ~eeognition of access in eordmaee with the State of Hew York Town Law,, Section 280A. Location o~ property: private lqght of way off west side of Naugles Drive, Mattituck east I~r Pawlo Klymko, south by .Jos · tlon of Arch l~v~s, Southold, Nexx cordance with the State of New, ['ork Town Law, Section 280A. Location of lent, Row York, bounded north by and Lucy Begovic, 30~72 37th Strocl, Astoria, New York, for a variance in ~ accordance with the Zoning Ordinance, Article III, Section 303, Article X. Sec- tion 1690A, for permission to divide[ property with insufficient frontage and are~. Location of property: east side Pounder's Path and west side Old Shipyard Lan~, Southold, New York, bounded north by II. Jacobi-A. N. Young, east by Old Shipyard Lane, south by R. Bennett, west by Found- er's Path· 8:50 p. M. (E.D.$.T.), upon applica- r tion al~ IIasold R. Reeve, Jr., a/c Prank Cowan, Route 25, Bast Marion, York for a special exception in accord- ance with the Zoning Ordinance, Ar- ticle II][, Section 300 ~ubsection 5 (a), ][or permission to convert an existing · dwelling into a two family dwelling Location o][ property: north side Route 25, East M~rion, New York, bounded north K. Ketcham, cast by Stanley Boken, south Route 25, west by Right of Way. 9:05 P. M. (E.D.S.T.), upon applica- tion of Stanley Corwin, Esq., a/c Nich- olas Chryssiadis and Michael Thaias- slaps, East Marion, New York, for a variance in accordance with the Ton- ing Ordinance, Article X, Section 10~7. Subsection (e), for permission to con- struct an addition to a non-conformtog multiple dwelling. Location of prop- erty: east side Rocky Point Road, Marion, New York, bounded north by P. Sideris, east by E. II. King, south by Pantolias, west by Rocky Point Road. 9:30 p. M. (E.D.S.T.), upen applica- tion of William and Regina Victoria, Bayview Road, Southold, New York. lot a special exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection I0, and Article IV, Section 408, Subsection A, for permission to retain the following signs: (1) one on premises identifica. tion sign with insufficient setback, lo- cgted on the south side of Bayview Road, Southold, New York, bounded north by Hay View Road, east by James Bitsos, south by Corey's Creek, west by A. & F. Koke; (2) one direc- tional sign on the property of Antone Surozenski, located on ~he south side of the Main ROad, Southold, New York bounded north by Main Road, east by Mike Surozenski, south by Mike Suro- z~nski, west by Mike Sur~enski; (3) one d~rectionai sign on the property ai George Overton, located on the SOuth east corner of Bay Water Road and i South Harbor Lane, Southold, New l York, bounded north by Bay Water' Road, east by Myra Foster, south by l C. II. Wickham, we~t by South ~arbor [ Road; (4) one directional and adver- tising sign on the property of Elizabeth Bedell, located on the south side Maln Road, Peconlc, New York, bounded north by Main Road, east by Wester- lund-Skwara, SOuth by Creek, west by Indian Neck Lane; (5) one directional and advertising sign on the property of Leun~ier ~}lover, located on the south side of Middle Road, Cutchogue, New York, bounded north by Middle l Road, east by M. E. Grimm, SOuth by: L. B. Glover, west by J. IIoman. Any perSOn desiring to be I~eard on the above applications should appear at the time and place above specified. DATED: SEPTEMBER 1, 196~ BY ORDER OP ~ SOUTIIOLDj TOWN ~OAP,.D OP App~a_L~ COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, 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 bee~ published in said Long Island Zraveler-Mattituck Watch- mon once each week for .... ~_ ..... ,: wee~ successively, commencing on the ................. ~. ................. ..... day Sworn to before me this ..... 7.~ .. ^DELE PAYN£ Notary Public, S/ate of New York R~iding in Suf~cl~ County No, 52 3C4i000 Commission Expires March 30, 19~.~ E.% GREENPORT0 N. Y.. FRIDAY, SZI-.~,MBF..R 9, 1966 LEGAL NOTICE Notice of Hearings Pursuant to Section 26? of the T~wn Law and the provisions of the amended Building Zone Or- dinance of the Town of Southold, Suffolk C~unty, Ne~ Y~k, public hearln~ will be h~f~by the Zon- i~ lng Board of Appeals bf the Town , of Southold, at the Town Office Main Road, So~thold, New YoFk, ! or~ September 15, 1966, on the fol- lowing apl)eal~: 7:50 P.M. (E.D.S.T.), U~pon ap- plication of Donald H. Case, adc i Allce W. and Henry E. Case, for i~recognition of acoass in accord- ance with the State of New York ~own Law Section 280A. Location · of property: south side of Ced- !ars Road a~d west side of New Suffolk Road, Cutchogue, New York, bounded north by Cedans Pooad, east by l~'operty of appll- eant, sou~h by property of /~ppli- cant, west .by property of aPpll- can~-I~tersen. 8:10 P.M. (E.D~.T.), Upon ap- plication of Arnold Golz, Matti- tuck, New York, for recognition of access in accordance with the State of New York Town Law, Sec- tiun :ISOA Location of property: private righ~ of way off the weet sid~ of Nangles Drive, M-attituck, New York, bounded north by L. Monro, east by Pawlo Klymko, ,~outh by Jo~. Leogran~e, west by Irma Vignea. ,_ 8:20 P.M. (EJD.S.'P.), Upon ap- pllc. glt. ion of Arch Davis, South- old, Now York, for recognition of access in accordance with the State of New York 'Ibwn Law, Sec- Ifelon 280A Location of property: north side Main ~o'a~l, ~Orient, New York, bom-,ded north by land of Berry, east by land of Dema- rest, sough by Main Road, west .by land of Berry-~uth Young. 8:40 P.M. (E,D.S.T.), Upon ap- plication of ]~hlter Kapp, ~q., adc Peter and Lucy Bogovic, 30- 8:50 P~vf. (E,D.S.T.), U~on ap- plication of Harold R. Reeve, Jr., adc F~ank Cowan, Route 25, East Marion, New York for a special exception in arcerdance with the Zoning OrdinanCe, Article Section 300~ 15~hsection 5(a), for permission to convert an existing dwelling into a two family dwell- lng. Location of property: north side Route 25, East Marion, New York, bounded north by K. Ketch-' am, east by Stanley Roken, south by ROute 25, west by Right of Way. /):05 p_mvL (E.D.S.T.), Upon ap- plication of Stanley Corwln, Esq., adc Nicholas Ghryssladis and Michael Thalassines, East Marion, l~lew York, for a variance lr~ ac- cordance with the Zoning Ordin- ance, Article X, Section 100~ Sub,etlon (e), for permission to construct an ~cl~tion to a non- cowforming mnitiple dwelling. Lo- cation of property: east side Rocky Point Road, East Marion New York, bounded north by P. Slderis, east by E. H. King, south by Pantellas, west by Rocky Point 9:30 P.M. (E.D.S,T0, ,Upon pllcatian of William and Regina Victoria Bayvlew Road, Southold, New York, for a ~pecial exception In accordance with the Zoning Or- dinance, Article III, Section 300, Subsection '10, and 3.~icle IV, Sec- tion 408, Subsection A, for per- mission to retain the following signs: il) one on premises lden- ,tification sign with insufficient setback, located on the south olde of Bayview Road, Southold, New York, bounded north by Bay Vie~ Road, east by J~mes Bits~, south ,by Corey's Creek, west by A. F. Koke; (2) one directional sign on the property of Antone Suro- zenski, located on ~ ~outh side of the Main Road, Southold, New York, bounded north by Main Road, east by Mike Surozenski, south by Mike Su~ozenski, west by 72 3~.~Ja Street Astoria, New York, Mike Surozenski; (3) one direct- for a variance in aeeordance with lonal olgn on the property the Zoning Ordirml~e~ Article III, I George Overtop, located on the Section 303, Article X, Section[ south east comer of Bay Water 1000A, for permission to divide I Road and South. Iiarbor Lane, ~roperty with insufficient front- Southold, New York, bounded age and area. Loc~tion of ~rop- I north by Bay V0ater Road, east by erty: es,st side Founder's Path Myra Foster, so~th by C. H. Wick- .and w~t side Old Shipya~i Lane, Southol~l, New York, bounded north by H. Jacobi-A. N..Young, east by Old Shipyard Lane, so~th by R. Bennett, west by Founder's Path. (4) one dl~eetlonal anti i~ ~gn on the ~pe~y ol ~- ~th ~dell, ~a~ on the ,~uth si~ ~ ~ ~o~c, ~ew Yqrk, ~u~ed nor~ by Main ~o~, e~ by W~riund-Skw~a, ~ by ~ ~t by ~di~ Neck Lane; (~) one d/~ectional and advertising ~ign or~ the prop- erty of Leandar Olover~ l~a~d on ~the S0u~ ~d'e of Midge R~, Cut~ue, ~ York, .~u~ed north by ~ddle R~d, emsh by M. ,K G~mm, sou~ by ~. B. O~ver, west by J. Ho~. ~y ~u~on d~lng ~ ~ ~rd on the ~bove ~lication ~ould a~ at the ~m~ ~ ~ce a~ve s~cifie& ~'l'~: S~ I, 1~6; BY{ OR~ ~ ~ ~O~ tK, } ss: i · .~,..~a~......--~.. ..... being duly Sworn, ~rinter and Publisher of the SUFFOLK ~wspaper published ~t Greenport, in said ~otic~, of which the anne~ced is ~ printed hed in the ~soid Suffolk Weekly Times ~ ......... ~ ........... weekbt lng on the ..... ~.~, ........... ... 19~.% . . :his ...~.;~ .j>.. ] Commission Expires March 30,19.(~ ,.b