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Home My WebLink About123HALLENBACK, GILLMAN $123 Southold, NY Variance Dec. 4, 1958 GRANTED approval of access, private road, Paradise Point, Southeldt~-~ ~ ~ ~ TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 123 Dated November 20~ 1958 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To Gillman Rallenback 44 Meadewb~eek Read, Lake Success, New Yerk Appellant At a meeting of the Zoning Board of Appeals on Desemher 4, 1958~ was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ( ) Request for a special permit under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection ................ paragraph .................... of the Zoning Ordinance, and the de~ision of the Building Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. By resolution of the Board it was determined that (al Strict application of the Ordinance (would) :bllllX:Jl:bl:ll~ p. roduce undue hardship, because Owner has applied fer Open Development Area, and w~ll net be settle~ for some time. Other dwellings built prier to zoning ord~-~nce have access, and (b) The hardship created (is) (iJ~l:J~ unique end Jl~i:li~l:(would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because nsighl~ri~' dwellings have access (c) The variance (does) h~mm~:x~rJ observe the spirit of the Ordinance and ~ (would not) change the character of the district because dwelling will be in keeping with existing use of surrounding property. and therefore, it was further determined that the requested variance (x) be granted ( ) be denied and that the previous decisions of the Building inspector ( ) be confirmed (x) be reversed Location ef Propertyt Private r~ad, bounded north by l~d of Robinson, east by Pecenic Bay, South by Scalia, and west by Private Read, Paradise Point, Southeld, N.Y. Beard unanimously grants application as applied for. Barbara M. Ar~rade Secretary Form ZB4 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~ ~ DATE ~.. ~L~'......~. Z.~.....C ~' TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. ~ ': I,. aWe) ....... .G...i..1...1..m..a...n.......H...a..1..1...e,~..b..a..~.,.k. ............. of ......... ~.~.. m~do.L~.~.~.~Q~ ~..~c~ ," ..; Name of Appellant Street and 'Number ............... s.. ................. ......... HEREB'Y APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECIS ON OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO.....7~...~.~. .................... DATED ...... ~:[0.~., ...... ~,.~.~..~.~.~ ...... ;~....: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( ( Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE and build ) PERMIT FOR OCCUPANCY ) 1. LOCATION OF THE PROPERTY....P~i.~.a. te..~omd ............... !!A!:..li$ir..ic.t ........................ Street Use District on Zoning Map Paradise Point Southo~ d, N.Y 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) Access section 280-a 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 ~) (h-sm~,!) 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 ...................................................................... (X) ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) Form ZB~ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because.. The owner of the private road t~hrough this area (~Robinson) has applied for an Open Development Area. The matter is in the hands of the Tcwn Planning Board? and will not be Settled-for some time. The road is of ~Oft width overall, bUt not paVed full width, other dwellings built prior to enactment of zoningordinance have a~dess and use this'same private road. I wish to' build a dwelling immediately, before bad weather sets in. 2. Thehcrdshipcreatedis UNIQUE andis notsha~d by all properties alike in the immediote vicinity ofthisproperty, ondinthisusedistrictb,ecause : 0~her dWellings t~Ve been, built in this area, my proposed dwelling is the onlY-0ne being held up at the present time. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTE~ OF THE DISTRICT because : This is a residential area~ some distance from a public street, the dwelling proposed will be in keeping with the existing use of ~djoining property. STATE OF NEW YORK ) ~z~//~,~ ) ss COUNTY OF ) Signture Sworn to this ......................... day of ..... Notary Public ~.p.b~t¢ State of NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHO~.D, N. Y. NOTICE OF D~SAPPROVA]. To ..Ohas~...~oo~.....A/C.....~i.13m~n.....H~llenh~eh ..... ~¥'~'~'4' ..................... PLEASE TAKE NOTICE that your opplicotion doted ........... ~~-....-~,6 .............. 19.~.:. for permit to construct .~..~.]:.]~: .]~g ................. at ~he premises located at ..... ~..~a~..~6~¢~... -P~R~$,S.e- · .~.,y · · ~. · ..~a~ - ¥~ ~ ........... Street Mop ......~ ..................... Block ...... g~ ........................ Lot ........... ~ ..................... ~is ~disapproved on the following grounds ...... .~to,~...~...~e~...R~e~g~ ........ (....~e~g~e~t-..~.. o~...~e~...~.) .................................................................................... Buffding~ Inspe6~r FORI~I NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.'y. Application No ..... . .'~....~c~....~.. ........ APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a This application must be compleX:ely filled in by typewriter or m 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 drawn on the diagram which is part 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 for any purpose whatever until a Certificai:e of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Sou.thold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constructic~n of buildings, additions or a Iterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances and regulations. (~ignature of applicant, or name, if a corpo;~;i;~i ......... State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. If applicant is a corporate, signature of duly authorized officer. 2. State existing use and occupancy of premises and intended use end' occupancy of proposed construction: a. Existing use and occupancy ............................................................................................. ,, ~ ....... ,...:~ ....................... b. Intended use and occupanCy .......... 3. Nature of work (ch'eck which appl~6oble): New Building~Addition .................... Alteration ~ a Demolit on ~ ......... Other Work (Describe) ............ Repair ....................~e~rnov .......................... . .............. .~..2~., .~:~-~. · ~ Fee ......................................................................................... 4. Est mated Cost ......... ~'~";/ ........ (to be paid on fi ng th s appl cation) 5. 6. If business, commercial or mixed occupancy, speci~ nature and extent of each type of use .............................. 7. Dimensions of existing structure~, if any: Front ............................ Rear ............................ Depth ............................ Height ......................... '...Number of Stories ......................................... ................................................................... Dimensions of same s~ucture with a~terations or additions: Front ................................ Rear ................................ Height .............................. Number of Stories ................................ Depth .............................. ~/ ~ ~/ , ~ ~ 8. Dimensions of entire new construction: Front...~....~ ........... Rear ...~..~ .......... Depth ....... ~. ............... Height ............................ Number of Stor~es ................ ~..~ .... 9. Size of lot: Front /~/ Rear ~ ....... Depth ......... / ~ ~ - ""' - /~ Name of Fcrmer Owner .~~ Date of Purchase ..... 10. ll Zone or use district in which premises ore situeted ....· ................................................... ~ construction vJ~late any zoning law, ordinate or regulation? ................ ~~'~'" 12. Does propo-ed .~ .. .;/~ /~ ~/~_~ ~ ~ ,~~ ~~(~¢ hone NO] .................... Name of Owner of premi~Z~ ....... ~'"~ .... 13. ~-~ ~ -' '~~Address ~ Phone Name of Architect ....... ~~ ........................................... U~ ......... Name of Contractor ....... ....................... ~ Address .. .~:'~ PLOT DIAGRAM Locate clearly ~nd distinctly all buildings, ~hether existing or proposed, and indicate ali 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 I ~ i~9~' 7 / / / // t / / / COUNTY OF ..~~:~, ' (N~m~ of individual sionin~ application) ...................... ........................................ of said owner or owners, ~nd is d~ly ~thoriz~d to perfor~ or h~ve p~rform~d th~ said work ~nd to mak~ and file this opplJcation; that ~11 statements contained in this application ~r~ tr~e to the best of his knowl~do~ and b~li~f; rk will be erfcrmed in the m.enner set forth in the application filed therewith. , q and that the wa . P __ , ~/ ~ ~~ Sworn to bef~e me this ) ¢ _/ /~/~~' ~ .. ~'day of ............. ~~~'~' ~.¢~/~Signatureofapplicant) ;;;;; ;:;;; ........................... .... HALLE~BACH This property is up at Paradise Po&nt. There are many houses on this road which is ~rivate and leads to the Southold Yacht Club and there is no question of access. The owner of much of the land -Robinson- places all sorts of restrictions in the deeds. Robinson has asked for Open Developement Area which will be considered by the PAanning Board when Robinson gets around to furnishing the information required. In the meantime Hallenbach wants to build. His builder brought in a construction shack and placed it on the property as shown below. No building permit has been asked for as Hallenback is waiting for Robinson to complete his files with the Planning Board. There is no question whatsow, er about Hallenbach's right to access. It is a 50 ft road partially paved and is in constant use. The construction shack is one of those knock down affairs and is not in anyone's way or even in sight until you are up to it. If you think it necessary Hallenback could be asked for a letter stating that the shack is temporary and its purpose and that it will be removed before a certificate of occupancy is requested. I suppose if a permit had been issued for the house there wouldn't be any Question about the right of the builder to use a temporary field office. Halle~back doesn't need Robinson's O.D.A. All he requires is an access. Residence will be built way in from the road. Shack is near road to facilitate unloading on and to avoid cutting trees property. Toga or hbld at tko Tm Ole~k*l O~fino~ ~ b%~ Smxtbold~ Yo~k, on Deeeubor A, ~9~, en tho fo~ &ppo~oz tt~O P.If.(B, 8.?.) upon applieatXon or Alexande~ Bla~hak, b Suffolk loea~od en tho oar~ mido of b Suffolk Lane, OM, N.Y. PL,WA~ PI~LX~ O{{Clt, ~ 27, 1~, AND FOWWABD AFFIDAVXT PU{LXCATXO{I XIIMiff~XA'ritLY TO ~ BOAI~ (~' API"AAL9, o/e BUILDXlfG ~ O~'S ~q"XClt, IIAI'I{ ROAD, SOUTBOLD, eop~ mallod ~o Alexaz~or Blaoehak LEGAL NOTI'OE ~ Id, ~o~ ~, ~, York, ~ h~ ~1 ~ h~'~ the . rice, M~ Street, ~uthold, N~ York, on ~r 4, 1~8, on the foiling of ~e~er BIa~, New ~folk ;Property ~t~ on. the e~ side ~ ~n, ~t by~c Bay, ~uth~ ~Par~e Po~? ~uthold, L. L . COUNTY OF SUFFOLK I STATE OF NEW YORK ss. Frederick C. Hawkins, being duly sworn, says thct he is the owner and publisher of THE LONG ISLAND TRAVELER - MA~-ITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler~Mattituck Watch- man once each week for .............. ~/.'.'7.W.~ ............ weeks successively, commencing on the ...................................... dcy of ................ ........... : ........ ~([ .'. _ '// ............... ~.<~.~.:~:M...~ .......... ~.: .................................. Sworn to before me this ~ ''>'~' day of ...... .~....[....6.:~...~%'.,~: ......... */..... ..... ~./...'. ................. Notary Public