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TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥.
Name of Appellant Street and Number
.......... Z.S.ii~ ?~a~o.~.~ ....................................................... ~.~...~z.O.:~.q ........ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THrE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED o~ '~--~' ~
WHEREBY THE BUILDING INSPECTOR DENIED TO
.......................
Name of Applicant for permit
of
Street a;~d Number Municipality State .........
() PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. ,LOCATION OF THE PROPERTY ....... ..S..o.M,..t..12,....o.~.. bhe Souuh S:Lde of Cedars Road
Street - Use District on Zoning' ~p
a~..wa s.~..~s£da.. ~... ~e~.~..~u££.o&k.. ~o.ad., Cutchogue
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 Do not quote 'the Ordinance.)
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 ~7~has not) been made with respect to this decision
o~ the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for e variance
and was made in Appeal No ................................. Dated
REASON FOR APPEAL
Z) A Variance to Section 280A Subsection 3
) A Variance to the Zoning Ordinance
)
~s requested for the reason that the [50' private road shown on the copy o£ survey
anne×ed hereto is the sole means of ingress and egress af£orded the
app!ioa~t's premises £rom Cedars Road through the interior o£ said
premises to the rear pa_~cels containing cottages thereon,
Form ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulties orunneces-
sory HARDSHIPbecause the 30' private road running from Cedars Road through
the premises is the only means of access to the cottage in the southwesterly
corner of the premises~ as well as to four proposed lots on the easterly
l%ne o~the 30~ r~ht ef wa~o t~e lot in-the sou.t-he~steriy~oorne~ of the
premises contains a cottage thereon and the 30~ right of way runs to the
northerly line of said lot. Said right of way- has been in existence prior
to the zoning ordinance ~nd has served as access to the cottages on the
southerly boundary of the premises. Denial of access would render
~etitioners' premises unsaleableo
2. The hardship createdis UNIQUE and is notshared by oil properties alike in the immediate
vicinity ofthis property and in this use district becouse ail other ~aroels in t~is t~act
have_been, acid and~ha~e frontage on public roads. The lot in the south-
westerly corner of the premises con';aining a cottage thereon is presently
under contract of sale. After the sale of this parcel ~ ~
~ne_e will remain
a maximum of four ~TM ' ' ' ~ '~, ~
par~e~s, one ,cf..which in. the ,southeas~e~l~,,~.o~ne~ of the
premises contains a cottage thereon° The shree unimproved remaining lots
all will have a lO0 zron~age on the 30~ private road and SUDstanbia_z~ in
excess of 20~000 square feet of area. The 30' private road will have a
distance of 379' from the southerly llne of Cedars Road on its easterly
boundary~ and a distahce of 360' more or less on its westerly boundary,
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because as hereto£ore indicated, the r±ght o~ way
shown on the annexed survey has been in existence prior to the zoning
ordinance° Recognition of access would permit an orderly sale of the
remaining parcels in petitioners' tract~ and would not change the
character of the area since only residential homes could be constructed
on any- lot in the tract. Moreover, the travelled road shown on th~ survey
has been widened so as to orovide a greater means of in~ress and egress,
F.,,S, GRF. F..,NPORT, N. Y, RIDA¥, S~'P'T'EMB~R 9, 1966
hEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
T0~vn Law and the provisions of
the amended Building ~Zone Or-
dinanee of the Town of Southold,
Suffolk County, New York, public
hearin~ will be held by the Zen-
8:50 P.M. (E.D.S.T.), Upen ap-
plication of Harold R. Reeve, Jr.,
a/e Frank Cowan, Route 25, East
Marion, New York for a special
exception in accordance with the
Zoning Ordinance, Article III,
Section 300, Suh~ection 5(a), for
permission to convert an existing
dwelling into a two family dwell-
)RK, ~ ss:
J
7?:. J~. ~: J:~. ?.~. ¥.~ .... being duly Sworn,
Printer and Publisher ~of the SUFFOLK
lng Board of Appeals of the Town lng. Locati.~n of property: north
of Southold, at the Town Gffiee side Route 25, East Marion, New laewspaper published mt Greenport, in said
Main Road, Soutl~old, New Yo~'k York bounded north by K. Ketch-
on September 15, 1966, on the fol- ' am, east by Stanley Boken, I notice, ef which the ,annexed is ~ printed
lowing appeals: south by Route 25, west by Right
7:50 P.M. (E'.D.S.T.), Upon ap- of Way. [/shed in the ~aid Suffolk Weekly Times
plication of Donald H. Case, a/c 9:05 P.M. (E.D.S.T.) Upon ap-
;Alice W. and Henry E. Case, for plication of Stanley Corwin Esq. [,~o'r ....... (.~..~.~, .............. weel~
'recognition of access in accord- a/c Nich.olas Chryssiadis and ,
~nce with the State of New York Michael Thalassinos, East Ma~, ion,/~lCill.q on the .... ]. k.~..~.~. [.~ ...........
~own Law Section 280A. Location New York, for a variance in ac-
of property: south side of Ced- cordance with the Zoning Ordin-?..~';~.~..~. 19.;.%
ars Road and west side of New ance, Article X, Section 1007,1~-~£~-U,~-q2~----Ck~,~
Suffolk Road, Cutchogue, New Subsection (e) for permission to ].'?..: Y.~. -~- .'?* ..... : ':; · · ' · '~' ...........
York, bounded nor.th by Cedars ~com~truct an addition'to a non- -i~
Road, east by property of appli- conforming multiple dwelling. Lo- ~
cant, south by property of appli- cation of property east side ~
cant, west by property of appli- Rocky Point Road, East Mar~on,
car~t-Peterson. New York, bounded north by P. (;~.~.~.~.~.~,~7.,~.':..~r..~_..~:~..~...~-~-. .........
8:10 P.M. (E.D.S.T.), Upon ~p- ~ideris, east by E. H. King, south ......... ~ 'x~''
by Pantelias, wast by Rocky Point ......................................
Road.
plication of Arnold Oolz, Matti-
tuck, New York, for recognition of
access in accordance with the
State of New York Town Law, Sec-
tion ~ Location of property:
private right of way off the west
side of Naugles Drive, Mai;tithck,
New York, bounded north by L.
Monro, ecs4; by l~awlo Klymko,
,south by Dos. Leogrande, west by
Irma Vignes.
8:20 P.M. (E.I).S.T.), U~on ap-
plic~J~ion of Arch Davis, South-
old, New York, for recognition of
access in accordance with the
State of New York Town Law, Sec-
~ion 280A Location of property:
north side Main;Road,' Orient,
New York, bourgted north by land
of Berry, east by land of Dema-
rest, sc~h by Main Road, we,st
by land of Berry~Ruth Young.
8:40 P.M. (E~D.S.T.), Upon ap-
plication of W~.lter Kapp, F~:l.,
,a/c Peter and Lucy Bogovic, 30-
72 3~th ~qtreet, Astoria, New York
for a variance in accordance with
the Zoning Ordinance, Article III,
Section 303, Article X, Section
10O0A, for permission to divide
property with insufficient front-
~ge and area. Location of prop~
'erty: east side Founder's Path
and west side Old Shipyard Lane,
Southold, New York, bounded
north by H. Jacobi-A. N. Young,
east by Old Shipyard Lane, south
!by R. Bennett, west by Founder's
Path.
9:30 P.M. (E,D.S.To, .Upon ap-
)lication of William and Regina
Victoria Bayview Road, Southold,
New York, for a special exception
ir~ accordance with the Zoning Or~
dinance, Article III, Section 390,
Subsection 10, and Article IV, Sec-
tion 408, Subsection A, for per-
mission to retain the followir~g
signs: (1) one on premises ider~-
tification sign with insufficient
setback, located on the south side
{of Bayview Road, Southold, New
York, bounded north by Bay View
Road, eest by James Bitses, south
by Corey'.s Creek, w,est by A. &
F. Koke; (2) one directional sign
0r~ the property of Antone Suro-
~enski, located on the s(mth side
of the Main Road, Southold, New
York, bounded north by Main
Road, east by 1vf. ike Surozer~ki,
south by Mike Surozenski, west by
Mike Surozenski; (3) one direct-
ional sign on the property of
George Overtop, located on the
south east corner of Bay Water
Road and South Harbor Lane,
~outhold, New York, bounded
[ north by Bay V~ater Road, east by
Myra Foster, south by C. H. Wick-
ham, we,st by Sound Harbor Road
(4) o~e directional and advertis-
ing ,sign on the property of Eliza-
beth Bedell, ~ocated on the ,south
.side Main Road, Peconic, New
Yqrk, bounded north by Main
Road, cas% by Vqtesterlund-Skwara,
south by Creek, west by Indian
Neck Lane; (5) one directional
and advertising ,sign o~ the prop-
erty of Leander Olover, located on
the ,soutti side of Middle Road,
Cutchogue, New York, bounded
north by Middle Road, east by M.
E. Grimm, south by L. B. Glover,
'west by J. Homan.
Any per, son desiring to be heard
on the above al~plication should l
appear at the time and place
above specified.
DATED: SF~PTr~V,~BER I, 1966, BY]
ORDER OF THE SOUTHOLD
TOWN BOA_RD OF APpEAL~
.. ltS9
of Southold, Suffolk County~New Yell};['
t[ tio~ of 'Arnold Golz, Mattituck, Nex
east by land of Demarest,
tion of Walter
and Lucy Bogovic, 30-72 37th
Astoria, New York, for a variance in
accordance with the Zoning Ordinance,
Article III, Section 303, Article X, Sec-
tion 100OA, for permission to divide
property with insufficient frontage and
l area. Location of property: east side
i Pounder's Path and west side Old
'Sl~ipyard Lane, 8outhold, New York,
botlllded north by H. Jacobi-A.
Young, east by Old Shipyard Lane,
I south by R. Bennetc, west by Found-
er's Path.
8:50 P. M. {E.D.S.T.), upon applica-
tion of Harold R. Reeve, Jr., a/c Prank
Cowl~n, Route 25, lg~st Marion, Next,
York for a special exception in accord-
ance with the Zoning Ordinance, Ar-
ticle III, Section 300 Subsection 5 (a),
dwelling into a two family dwelling
for permission to convert an existing
Location of property: north side Route
north K Ketch~m, east by Stanley
25, East Marion, New York, bounded
Eoken, 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 IV~iehael Thalas-
Max on New York for a
sinos, East ,
variance in accordance .~ith the Zon-
ing Ordinance, Article X, Section 1007,
Subsection (e), for permission to con-
struct an addition to a non-conforming
multiple dwelling. Location of prop-
erty: east side Rocky Point Road, East
Marion, New York, bounded north by,
Pantelias, west by Rocky Point Road.
P. Sideris, east by E. H. King, south by
COUNTY OF SUFFOLK )
> SS:
STATE OF NEW YORK ~
C. Whitney Booth, Jr., being duly sworn, says
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 a printed copy, has bee*-
published in said Long island Zraveler-Mattituck Watch-
/~'., //' I
man once each week for ....~,.cJr¢.~/,b...l...,Z.../(~..... week>g
successively,,commencing on the ................~i ....................
day of .~.,~.t~i,~.:2.~.~ .,,/~ ~/
.",'i,','.-.,.:,,'.,.? ..............
Sworn to before me this ~/~ day of
· .~ ...., 19L~:.
//
./., /" /'
...... 6.
County
tion of William and Regina Victoria,
lfor a special exception in accordance~
with the Zoning Ordinance. Article
III, Section 300, Subsection 10, and
i Article IV, Section 408, Subsec iontl A,
for permission to retain the following
signs: (D one on premises identffica-
I tion sign with insufficient setback,
'1 cared on the south side of Bayviow
:Road, Southold, New York, bounded
north by Bay View Road, east by
James Bitses, south by Corey's Creek,
west by A. & F. Koke; (2i one direc-
tional sign on the property of Antene
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-
zenski, west by Mike Surozenski; (3)
one directionai sign on the property
George Overton, located on the south
east corner of Bay Water Road and
South Harbor Lane, Southold, New
tYork, bounded north by Bay Water
Road, east by Myra Foster, south by
C. H. Wickharn. wekt by South Harbor
P.~ad; (4) one directional and adver-
tising sign on the property of Elizabeth
Bedell, located on the south side Mail~
Road, Peconic, 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 Leander ,~lover, located on the
south side of Middle Road, Cutchogue,
New York, bounded north by Middle
Road, east by M. E. Grimm, south by
L. B. Glover, west by J. Homaa.
Any person desiring to be heard on
the above applications should appear
at the time and place above specified.
DATED: SEPTEMBER 1, 1966
BY ORDER OF THE SOUTHOL,D
RICHARD ~1. CRON
MAIN ROAD
August 26,
1966
Mr. Howard Terry,
Building Inspector
Town Hall
Southold, New York
Re: Henry E. and Alice W. Case
Variance Pursuant to Section 280A Town Law
Dear Howard:
In connection with the above caption, I
enclose herewith the original and duplicate original,
duly executed, of application for Variance pursuant
to Section 280A of the Town Law, together with my check
in the sum of $5.00 for filing the necessary appeal be-
fore the Zoning Board of Appeals.
It should be appreciated if this were placed
upon the calendar of the Zoning Board of Appeals at
the earliest possible date, and the undersigned so ad-
vised of same.
Thank you for your courtesy and cooperation in
this matter.
RJC/j f
Encl. 3
TOWN OF SOUTHOLO
OFFICE OF BUILDING INSPECTOR
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
TEL. SOUTHOLD 5-2GGO
December 1, 1966
Board of Appeals
Town of Southold
Town Clerk's Office
Southold~ N.Y.
Gentlemen:
On Sept 15th your Board approved an access on premises
of Henry Case - appeal # 9~O - subject to my approval.
This private road has been widened and graded~ bank run
sand and gravel has been spread on the surface so that it is now
in good condition.
In my opinion it is satisfatory for all required access
to the interio~of the property.
Yours trNly
Building Inspector
Decen~c:)er 2, 1966
Richard CroRg,Beq.
Main Road
Cutchoque, Hew York 11935
Dear Mr. Crone
On September 15, 1966, ~he Board of Appeals granted
access to Henry Case, referred to in Appeal number 950,
subject to the approval of the Building Inspector.
The Building Inspector advised us that the road has
been properly improved and is now suitable for use by
public vehicles, end it Is in qood condition. Accordingly,
this letter constitutes our approval of the access as
defined in Appeal number 950.
Very sincerely,
Robert w. Glllisl~be, ~r., Chairman
Southold Town Board of Appeals
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