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HomeMy WebLinkAbout427C~P'UT~, RO~qR A ~427 , __Town LAW.,_ Sec. ti~QD :: i~ of ~earing :lu~mmmnt ,to Section 267 of the, · um~n L~w ~nd/the provisions of the Am~led Building Zone Or-~ dinance of the Town of Sou~hold,. Suffolk County, New Y~'k, public ~ will t~e held by the h~' Bo~d of A~lmeals of the ~'own of SoUthold, at the Town Clerk Office, Main Road. Sou~hold, New Yor~, o~ l~ebru~ 1, 1962, on the folloWin/f s. ppeals: ?:30 ~'M. (E.S.T.), upon al~ll. ~ of ~ A. Cat,ute, 2150 Ha~n~ /~treet, /~ld~m~od, New York, ior ~m~ognttitm of access in accordanc~ with State of New Y~k 'l~own La~v, Sect/on 280A. Location of i)roperty: rlS~ff~ol-way ~u-~the east aide of New York. ~erty bounded north by~,ea~ byAqua- vie. w Realty Oo~, ~o~th ,by Res- ' er~De~g, and .we~t ,by prl~ate rlU~t- · ' ?~5 P.M. (E.S.T.), mipon alYPli //laas, Main I~oad, Sou~/~old, New anco with tho Zoning Ordinance Article ~[I, Section 305 and Ar~- ele X, ~ 1000A, f~ ~ to ;~luce £r0~tage and use as ~ ~L~gZe lot. AppBcat~n on .be- half of Dr. WJJltam R. lUdley, l~lchnloI~d ~Illl, Ne~v York. Lcea- tion of ~rolmeuty: ~outh aide Wa-', terse '~Vay, Southold, N~v Y~k, bounded north by ~e ~ay, east by Lot 3 l~ Terry coni~ l)ay and we~t by other land of W, P. Riley. Any i~'rsun dedriug to be heard on ~le /{bore a~pllcati/ms a~ove s~eci~led. DA'i'~t~. J~n~a~y ~, 19~2, By Order of .the ~'w/d Town 'Board of AP!~. STATE OF NEW YORK, ~ ss: COUNTY OF SUFFOLK, ~' /- ~ :~ ~ - '- ~ ~ being duly Sworn, says that ~ =' ..... is Printer and Publisher of the SUFFOLK TI~ES, a newspaper published at Greenpo~, in sa~d county; and that the notice, of which the annexed is a printed copy, has been published in the said S~folk Times once in each week, for ................ ~..k.cj. ......................... week~ successively commencing on the ......... day of ...~..~. ~ ...... ~.~ ............ 19.~..~ . ...... ~~...~ ............................ Sworn to before me this J<..~.=~[..:... day of ........ ; ~.~...~.~.~ ~..~ ~ .......... 19~f.C. Notice of Hearing Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone ordinance of ~he Tow~ of So~thold, S~ffolk County, New Yof~, public hearings will be held by the ~ning Board of Appeals of ~-he Tc~n of Southold, at the Town Clerk Office, Main Road, Southold, New York, on February 1, 1962, on t/is following appeals: 7:30 P.M. (E.S.T.), upon application of Rose A. Caputo, 2130 ~iarmon Street. Rldgewood 27, New York, for recognttio~ of access in accordance with State of New York Town Law, Section 280A. Location of property: private right-of-way on the east side of R~cky Point Road, East Marion, New York. Property boun~ed north by StereoS, east by Aquaview Re&lty Corp., south by Roeenberg, and west by private right-of-way. 7:45 P.M. (E.S.T.), upon application of George W. Smith & Sons, Main Road, Southold, New York, for a variance in accord- ance with the Zoning Ordinance Article III, Section 303 and Article X, Section 1000A, for permission to reduce frontage and on use as a single lot. Application/behalf of Dr. william R. Riley, Richmond Hill, New York. watersedge Way, Soul, old, Way, east by Lot 3 in Terry Waters Subdivision, Bay and west by other land of W. P. Riley. Location of property: south side New York, bounded north by Watersedge south by Peconic Page 2 - Legal Notice Any person desiring to be heard on the ab~e applications should appear at the time and place above specified. DATED: January 22, 1962, By Order of the Southold Town Board of Appeals. PLEASE PUBLISH ONCE, JAN~3~RY 26, 1962, AND FOWARD ~HR~E (3) AFFLDAVITS OF FOBLICATION TO THE BOARD OF APPEA~, MAIN ROAD, SOUT~IOLD, NEW 'fORK. Copies ~mmiled to the following on January 2], 1962: The Suffolk ?imem The LOng Island Traveler-Mattituck Watchman Rose A. Ca,ufo N George W. Smith & Sons, a/c W. P. Riley TOWN OF SOUTHOLD, NEW YORK ~.PPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /~ DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number Ridgewood 27~ New York ............................ HEREBY APPEAL TO Municipality ~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ....................................... DATED ....o~)U,~..~......h.~...~....~r~... .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (×) ( ) Name of Applicant for permit of .... S..t?..e.?..t. ........................ .e, ,w.. ................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY l. LOCATION OF THE PROPERTY .q.~..r.$g.~..C....o,f...V.~.Z...o..?.C.~.qq.Y~,..[9..i,9.~...~..o...e~..~ ......................... Street Use District on Zoning Map East Marion~ New York ~"~[ ...................................... ~'~"~'~[ ................ School District 3 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 Tewn Law Chap. 62 Cons. Laws 'Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (hca) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o 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 ) ,s requested for the ~ ~at Applicant is to build a private residence at said site. Fozm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~/ HARDSHI~ because There would be no access to this lot. 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 property aah only be reached by use of right Of way as land does not front onto~rn road and if variance is not granted~ the land can not be enhanced or improved. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because applicant desires to build a standard private dwelling consisting of two bedrooms~ kitchen~ dining room~ living room and bath. STATE OF NEW YORK ) ) COUNTY OF NEW YORK ) Sworn to this ..................... ~.ft. ..................... day of ............ .~...~.....a~...z~ .............................. 19 62 FORM ~,,~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. ¥. NOTICE OF DISAPPROVAL File No .... Z..1636 ........................................ Date ............... .. Jann-,ty.-.3, ......... 19.62. To ... ROSe.. A.....Caput o .................................... ......... 21~. O.....Ha~mon .S.t ................................. .......... Y.. ......................... Dee 28th '61 & PLEASE TAKE NOTICE that your application dated .......... ,Iall.....2 ..................... 19.62. for permit to construct ..d~ellirlg ................. at thc premises located at Of£...g~fg...Rocky..l~otnt..l~oad .............. Street East Harton~ N.Y. MapA.t[B..a...~.;~f~..B~.altY....Block .Y~X ......................... Lot .;XXX .................................. is disapproved on the followinv ground, ..... Laclc..o/Lappr. o.vetl...aecess senti ox~.28Oa.....To~..la~o ..................................................................................................... ~T SHOb~ ' l,tO ~ , ~n~een h~dr~ ~d A~UAV~ ~TY CO~PO~ATIo~, I OO~o~a~ton 1~ of ~he °~g~lzed ~de~ S~a~e of New York, ~d having l~a Pvincip~ place ~ ~ ~f ~sine,a a~ SO Eaa~ 42nd S~e~, New York, New pa~, o~f ~ first part, and · ~ew York, ~eSldlng a~ 2130 Ha~on S~ree~, ~idgewood, ~that the party of the first part, in cons/dent/on of 0~?~ H~dred ($100 ~ .00) ....... ~ ~ bf ~e Unlt~ Smt~ ............ dOlhrs, by ~ ~ of ~e ~nd ~n, d~s hereby g~nt and rele~e unto the party of the ~d ~n, the heirs or ~u~s ~d ~i~s of the ~ny of the S~ond ~n forever, ~ ~t certain plot, piece or parcel of l~d, ~~~ ~~~, Si~ate, BE~INNIN~ a~ a POln~ on ~he northerly line of ~he flf~y foo~ rl~ ef way, which POin~ Is dis~ north 82° 54' 40 ea~ 150 fee~ from ~he corner foxed by ~he Intersection of ~he easterly liae of ~Ocky Poin~ ~oad ~d ~he way; nOrtherly line of ~d ~/gh~ of r~niag ~hence north 7° 05 20 wes~ and P~lel Wi~h ~he easterly line of ~ocky Poin~ ~Oad one h~dred fee~ ~o ~he we s~ oo~er of ~he l~d COnveyed by ~he p~y of ~he firs~ p~ ~o ~he p~y of ~he SeCOnd p~ by~ ~he deed da~ed April 14, ~henee north 82° 54' 40" eas~ ~d ~ong ~he southerly ll~e of ~he l~d of ~he p~y of ~he Second pa~ 189.56 fee~; ~henee aOa~h 7o 05' ~0 eaa~ ~d ag~n Par~lel Wl~h ~he easterly liae ef ~ooky Poin~ Road one h~dred fee~ ~o ~he e~ly line of ~he vl~ of way; ~henee sou~h 82° 54' 40" wea~ ~ ~he northerly ll~e of ~he rlgh~ of w~ 189.5~ fee~ ~o ~he POln~ o~ place of begimnin~' AL~O · right of way over a strip of land lying between the northerly line of Aq~aview Avemue and I~ong Island Sound par~ie~lax'ly bounded and described as follows: BEGI~Ni~$ at the southwesterly corner of land now or formerly of I=e)~r~an and ru~ning thence westerly along the northerly line of Aqaaview Avenue, Ag fee~ to land now or formerly of Stewart; ~henoe along maid land of S~ewar~ north T° 10 10 west, 260 fee~ more or less to Long Island So~nd; thence easterly along said Long Island Sound 59 feet more or leem; %hence along said land oF Lehrman soa%h ~o 10 10 east, 280 feet more or less to the point or pl·ce of beginning. TOCsI:.IHF...R ',vith all right, title t:;d interest, if any, of the t×trt)' .l the first part in and to any streets aral roads abutting the &bore described prermses to the center iines thereoi, TO~7~THF.~ with the appurtenances and all the estate and rights of the party of the first Part in and to said premises, TO H~%l~.. AND TO HOL~ the premises herein granted unto the party of the second part, the heirs or suecessors and ~igns of the party of the second ~ forever. JI~D the party of the first part, in COml, liance wihh Section 13 of the Lien Law, covenants that the party of the first part will receive the co~,.idera,.i,m for this conveyance and will hold the fight to receive such consid- eration as a trust fond to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of tiw cost of die improvemcmt before osing any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the/sense of this indenture so requires. IN Wrl'NF.,,$~ WX-I~liF~', the p~r~y of the first ~ h~s duty exec'~ed this deed the day and year first above seal 1Go be affXxlcl hez'eto. AQUAV~ ~LTY CORPORATION oa ~ d~ ~d I9 YORK. COUNTY . hefore m~ On the day of On the 23 day of . J~l~ ' 19 ~9., I~{ore me to me ~own,;who, ~i~y me ~y sworn, did d~ ~d , ~ ~muon dcscH~ in ~ which ~t~ t~ forgoing inst~m, that ~ ~ws the seal of mid cor~rat~n: t~ the sea{ aff~ to ~id instrume~ is such ~rate ~1; that it ~s ~ a~x~ by order of the ~ard of directors of said cor~ra- 6on~ ~d that he s{~ hiSn~ thereto hy like order. 19 , before me m ute known to be the indivldtlal described in aud who executed the; foregoing instrument, and acknowledged that On the day of 19 , hafore me personally came !~e aub~ribing witne~ to the forngoin~ instrume~, with whom I am personally acqtminted, ~'ho, being by me duly sworn, did depose and say that he resides at that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same: and that he, said witness. at the same time subscribed h name aa witness thereto ; SCHEDULE A DESCRIPTION OF PROPERTY S-111200 .~LL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the northerly line of the fifty foot right of way, which point is distant north 82° 54' 40" east 150 feet from the corner formed by the intersection of the easterly line of Rocky Point Road and the northerly line of said right of way; running thence North 7© 05' 20" west and parallel with the easterly line of Rocky Point Road one hundred feet; thence North 82© 54' 40" east 189.56 feet; thence South 7© 05' 20'~ east and again parellel with the easterly line of Rocky Point Road one hundred feet to the northerly line of the right of way; thence South 82° 54' 40" west along the northerly line of the right of way 189.56 feet to the point or place of beginning. ALSO a right of way over a strip of land lying between the northerly line of Aquaview Avenue and Long Island Sound more particularly bounded and described as follows: BEGINNING at a southwesterly corner of land now or formerly of Lehrr~n and running thence westerly along the northerly line of Aquaview Avenue, 45 feet to land now or formerly of Stewart; thence along said land of Stewart North 7° lO' lO" west, 260 feet more or less~to Long Island Sound; thence easterly along said Long Island Sound 59 feet more or less; thence along said land of Lehrman South 4° 10' 10" east, 280 feet more or less to the point or place of beginning. i1 ~ .be usmd as a chicken, guck or poultry iar~.~ any noxious ,- dangerous, trade said premises ,shall be subject shall be new iubject ce ~he contract beret, ofore part and Cyrl, 3 undez ~2~e L~st ~/tll & Testmm~l: o~: 2. 6. No lmimmls ot~ than. hO~ld pets Shall be. k~pt o~ such portion ~Cel'S ~- l~ 3 shall he used as a chicken, duck .:~ th~ c~ng oa of any no~i~s, da~erous, or All of f'orel$oi'{~g.pa~el$ No~, 1, 2 and 3 shall have an equal right of ~1~ at ~he' s~sterty cor~ of lam heretofore conveyed to ~ex~der ~n and ~n~ing thence ~sterly al~g s~id norther!,~ 11~ of ~avfeW A~e~ 45 fee~.. ~ land of Stuart; ~ence along said' I~d North 7' 10' t0" West 2~ feat ~re or less ~o L~ Island .~ ~s~e~ly alO~ said Long Istam:d ~th 59 feet more or less; ~ along said ~nd heretofore conveyed to Alexan~r '~h~an A' 10' 10".-~s~ 2~ f~= ~e ~r less ~ the point or place of ~rcels A & B) ROSE A. rtAPU'rn January 17, 1962 Robert W. Gillispie, Jr. Chairman Southhold Town Board of Appeals Southold, New York Dear Mr. Gillispie: To cc~fi~n my right to use the right of way, I have here- with inclosed a photostatic copy of my deed and a photostatic copy of survey of entire plot prior to my purchase of same. If it is necessary, I can borrow a very early survey which indicates the following. "Dedicated ( not yet improved ) proposed highway," this, of course, is in reference to the right of way. However, inclosed herewith is letter from Francis V. Goggins, Esq., the attorney for the acqua~mm~Realty which should be helpful in clearing up this matter. If there is anything further required, I shall be happy to oblige. I would also appreciate any action which expedites this application as the builder is waiting upon the Boards action to commence work. Very truly Y~s, RAC:de INCLOSURE FRANCIS V. GOGOINS ATTOF~NEY AT LAW January 16, 1962 Robert W. Gillispie, Jr., Chairman Southold Town Board of Appeals Southold, New York Dear Mr. Gillispie: I write in connection with the Miss Rose A. Caputo for a bmilding oermit located at East ~armon. application of on certain property ~ am the attorney for Aquavfew Realty Corporation which formerly owned the parcel of approximately 17 acres, bounded on the west by Rocky Point Road and on the east by Cedar Drive; Aquaview conveyed part of this property to Miss Csputo by the Deed dated July 23, 1959 and recorded in the Suffolk County Clerk's Office on July 30, 1959 in L. 4666 cp 555. Let me assure you that, at the time Aquaview acquired title to the 17 acre parcel, it had a right of way over the 50 foot strip lying along its southern boundary between Rocky Point Road and Cedar Drive. The right of way was referred to in the antecedent deeds of its predecessors in title, namely: (1) the Deed of Edna A. Brown to Anna Hodgins, dated October 5, 1950 and recorded on January 15, 195~ in L. 3639 cp 315 and (2) the Deed of Anna Hodgins to the late Judge Cyril J. Brown and Mary Wolf, dated December 23, 1953 and recorded January 15, 1954 in L. 3639 cp 301; it was also referred to in the deeds of Judge Brown and his As- sociates to Aquaview which were dated respectively December 29, 1953 and Dece~ber 30, 1953 and which were recorded on January 15, 1954 in L. 3639 co 312 and L. 3639 cp 318. In e×ecutin~ and delivering the Deed to Miss Caouto, we did not deem it necessary to specifically refer to the 50 foot right of way which was the southern boundary of the property. The rights of way of Aqusview were conveyed under the streets and aopurtenances clauses of the Deed which read as follows: "TOGETHER with all right, title and in- terest, if any, of the party of t½e first part in and to any streets and roads abmttin~ the above described pre- mises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises". Pa~e Two Robert W. s' ' · ~llispme, Jr., Chairmau Jan. 16, 1962 May I add that the rig~]t of way is shown on Maps prepared by the Messrs. Van Tuyl as early as 1948 and in several subsequent surveys of this and adjacent parcels. If there is any additional information which your Board may require please do not hesitate to call upon me. F'iG/c jt Very truly yours, ROSI~ A. P. APUTO January 2, 1962 Boa=d of Appeals Town of Southold Office of Building Inspector Town Clerk's Office Southold, New York Gentlemen: Inclosed please find duplicate original of application for zoning variance due to lack of access with check of $15.00 for fee. Inclosed is copy of survey and discription of property. If I can be of further assistance, I shall be happy to oblige. RAC:FAR January 12, 1962 Rose A. Caputo Counsellor at Law 15 Park Row New York 38, New York Dear Miss Caputo~ Acknowledgement is made of your application for recognition of access dated January 2, 1962 to the Board of Appeals. Before we can schedule a hearing on this appli- cation it is requested that you furnish either your deed or a photostatic copy of your deed or any data you may have to establish the legal right to traverse the right-of-way in question. This information is not contained in the description furnished by you. Upon receipt of this information we shall be glad to schedule a hearing upon your application for recognition of access. Very truly yours, Robert W. Gillispie, Jr. Chairman, southold Town Board of Appeals /3b December 29, 1961 Mrs. Rose A. Caputo 21~0 Harmon St Brooklyn, Dear Mrs. Caputo; Yesterday I had a phone call from a builder about building on your lot in East Marion. An examination of our tax map shows that you have a lot bounded N. by Stamos$ E. by Davles$ S. by BrownS W. by Rosenberg$ but there appears to be no access to this lot. Before a building permit can be issued approval of access ~ust be granted by the Board of Appeals - section 280a of the Town L-,w. Enclosed are application forms for an appeal to the board. Please fill out the application in duplicate and submit them together with a check o£ $1%.oo to the Board of Appeals C/0 this office before Jan ~th so that this matter can be scheduled at the earliest possible time. It take~ two w~eks for a hearing after the Board receives au application. Please make shure that all sections of the application are completely filled out, and an accurate description o£ your access or right of way are included. A survey map will be very helpful. Yours truly Building InspectOr. AquAvt£w P--..EAI_.TY C,,OR. POP_.A"I-ION