HomeMy WebLinkAbout105ROCKFELLER, ROBERT & BERTHA
104-27 107 Street ....
Ozone Park, NY ......
~105
Variance
October 9, 1958
GRANTED- pe~mi_ss~i_on ~o~ use~prope~y,~ ~_S
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 105 Dated September 20~ 1958
ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD
To Robert G. Rockefeller and Bertha S. R~ckefeller 104-27 107th Street, Ozone Park 17; N. ~.
At a meeting of the Zoning Board of Appeals on 0ctob~r 9i 1958
was considered and the action indicated below was taken on your
( ) 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
( )
DATE... (~o.t~....i~..~...2_3., 1958
Appellant
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 decision of the Building Inspector ( )
be reversed ( ) be confirmed because
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict aDplication of the Ordinance (would) (~4~:~t) produce undue hardship because
of the 150 oize of the present lot.
(b) The hardship created (is) (~:~¢) unique and (~) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because there are no
other lots in the Immediate vicinity with ~rontages as large as 100'.
(c) The variance (does) (dl:~l::lz~) observe the spirit of the Ordinance and (~rJ) (would not)
change the character of the district because the lots res-'lting f~om tls divisiol~ will be
in excess of 12,500 square feet.
and therefore, it was further determined that the requested variance ~ ) be granted ( ) be denied
and that the previous decisions of the Buildinn Inspector ( ) be confirmed (X) be reversed
Location of property.- Ar~h,~oque, N. Y., bounded on north by Long Is]~d Sound,
on east by land of D. Driscoll, on south by North Road and on the west by land of
Charles Burt.
Secretary
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE ...~....~
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
- Robert G Rockefeller and
I, (We)B.e.~.~...S....R..o..c..k..e..f..e...l~..~.r..,...h..i..s...~.f.?. ........ of ..... ..!.O..$..'..2.?....'....1..b,~.t..h....S..t..r..e..e..t. ............................
Name of Appellant Street and Number
............. ...................................... HEREBY APPEAL TO
Municipality State
TI-1~:~7DNING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
~-~pL~C~---I~i~/~TiON FOR I~ERM~T NO...:.-~'... .......................... DATED ....................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
...................... .................... ........................ ,, ?
(~/0( ) PERMITpERMiT TOFoRUSEoccUPANCYI · , ~r' ~.C£~- o~v ~/,c.~ ~'~,/~- ~/e.~. ~r'~,,~,~-~,,,? ~ .....
1. LOCATION OF THE P~PER~. .~_~.
'ff] ~,.,;_1/ i, ~.,~_~ S et U~ DJ(trier ~ Zoning Map
~ ~ . ........ -- .................................... (See de~Zed deed dese~ption of p~ope~
'~ ~p"~'~'.' ......................... [~t No. ~nd ~h0~os~¢ of s~e~ ot p~ope~ ~t~ehed
hereto.)
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Articl.e 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
(X) 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 (}~.) (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 ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Vorionce to the Zoning Ordinonce
is requested for the reason that
(Continue on other side)
l~orm ZB1
REASON FOR APPEAL
Continued
STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because
it would prevent the applicant from dividing the property in half in order to
sel3_ such one-half on the westerly side of the property and ultimately to use
or sell, if necessary, the one-b~lf on the easterly side of the property.
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
many properties in the vicinity' have a frontage of less than one hundred
(100) feet.
3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
while the frontage of each lot on the Eorth Road would be seventy-five (75)
feet, the depth of the property provides an area in excess of the required
12,500 square feet, add the water frontage along the bluff is approximately
two hundred and twenty-five (225) feet, which when divided as proposed would
afford each lot a frontage along the bluff of approximately one hundred and
twelve (ll2) feet.
STATE OF NEW YORK )
) ss
Sworn to this ............... ..~.......~....:~7.~.~.. ..... day
Notary Public
REASON FOR APPEAL
Continued
STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because
~t ~ prevent the &~li~ant fr~m dividing the p~ ~ ~ ~ ~ ~
or ~, ~ ~ommm-~, ~ ~ ~ ~e ~~ ~e of ~e ~.
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
many propez~es :h~ the vie~_~_ty have a frontage of Xemm than erie hundred
(zoo)
3. The Variance would observe the spirit of the Ordinance arid' WOULD NOT CHANGE THE
STATE OF NEW YORK )
COUNTY OE~6~l ss
Sworn to ~ms ................................................ aay
Signture ~' .........................
r'tOtSE bcwuEN Notary Public
~ :: - '..- res ~3r¢~ ~, ~ ~ i
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No ................................................................... Dote ......................................................... 19 ........
To ........... ;....~.. ~,i..._...,~....f......... Z ...... ;...~..~...:~.¢
PLEASE
TAKE
NOTICE
¢o~ .~r~ to ~ ........................ E....;; ........ ~t th~ ~?, ~%~ ~,:~ ....... ~',"k: ..............
...................................................................... Street
mep ........................................ Block ............................................ ~"~'L'~"~ ........... is
retu~ne¢,~erewi~h ~d disopprove~.on;¢ th~(ol~g ~s ......... ~'v ....... ~".~.'~ ....................
Building Inspector
NO~I(~ OF HEARINGS
Pursuant to soct~on ~ of the Town
LSW and the provisions of the amended
Building g~me Ordinance of the Town
of Southold, Suffolk County. New York,
public h~gs wilt be held by the]
Zoning Board of Appeals of the To'ami,
of Southold at the Town Clerk's
rice, Main Street, Southold; N. Y., on
October 9, t958, on the followin~ ap-
pelvis:
8 P. M. (E.D.S.T.) upon the appliea- {
~e tion of Spiro Zuchlich for ~ variance,!
~y in accordance with the Soni~ Ordin-[
it ance Article III, section 300, su~divi-!
i; sion 11 for ~permit to ues for ~w~? family
a, dwelling the property located at South-
~ old, N. Y., bounded on ~orth by land of
J. ~i. Orettan, on east by land of Carl
. ~Butkovieh, on south by
9 Avenue and on west by land of J.
~ Grattan.
~' 8:15 ~. M. (E.D~.T.) upon the
~ cation of P~obert G. and Bertha S.
~ Rockefeller for a variance, in accord-
t at, ce with the Zonin~ Ordinance, 2~;lcle
~ HI, SeCtion 300, for ~ml~ to use for
residence the vroporty located at,.Arsh-
iamomoque, N. Y. bounded on north by
Long Islsnd Sound, on ~ast by la~d of
D. Driecoll, on the south by North Road
and on i;he west by land of Charles
Burr.
8:30 P. M. (E.D.S.T.) l~pon the a~ll~
ication of Guido Clac/a for a sl~ial
eeption in accordl~ee with the Zon~
Ordinance, Article I~, Seeticn 100~, por-
agra~h (e), for addition to a non-con-
forming bustnese, l~roperty loeate~ at
Southold, N'. Y., bounded 0~ north
land of ~I. ~2m, on the east by a pro*
posed n~I, L~wrenee Lane, on the
sou~h by Kerwin Blvd and on the wes~
bi' Main Read.
A~ly pors0n desitin, to be ~ on
the above al~lications shou~ aPl)ear
at th~ time and place sJbove sl~ecificd.
Dated ~3eptember ~, 1958, by Order of
the Zoning Beard of Appeals of the
Town of Southold.
COUNTY OF SUFFOLK }ss.
STATE OF NEW YORK J
Frederick C. Hawkins, being duly sworn, says that
he is the owner and publisher of THE LONG ISLAND
TRAVELER - MATI-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-Mattimck Watch-
day ~'/~/' ., / //
........ ........
Sworn to before me this ......... ~-. ............. day of
....... ,,...~ ............ 19..?'.
Notary Public J
/
LEGAL NO. ICE
Notice of Hearings
Pursuant to section 267 of the Town Law and the provisions Sf the
amended Building Zone Ordinance of the Town of Southold, Suffolk County,
New York, public hearings will be held by the Zoning Board of Appeals of
the Town of Southold at the Town Clerk's Office, Main Street, Southold~
N.Y., on October 9, 1958, on the following appeals~
8 P.M. (E.~.S.T.) upon the application of Spiro Zuohiich for a variance,
in accordance with the Zoning Ordinance, Article III, Section 300, subsection
1, for permit, to use for two family dwelling the property ~oeated at
Soutbold, N.Y., bounded on north by land of J.M. Grattan, on east by lend
of Carl Butkovioh, on south by Hom~zel Avenue and on west by land of
J. M. Orattan.
8~15 P.M. (E.D.S.T.) upon the application of Robert G. and Bertha S.
Rockefeller for a variance, in accordance with the Zoning Ordinance,
Article III, Section 303, for permit to use for residence the property
located at Arsham~oque, N.Y., bounded on north by Long Island Sound, on
east by lend of D. Driscoll, on the south by North Road and on the west by
land of Charles Burr.
8~30 P.M. (E.D.S.T.) upon the application of Guido Ciaola for a special
exception in accordance with the Zoning Ordinance, Article X, Section 1007,
paragraph (e), for addition to a non-conforming business. Property located
at Souttmld, N.Y., bounded on north by land of J. M~,,~ on the east by
a proposed road, Lawrence L~ne, on the south by Xerwin Blvd and on the west
by Main Road.
Any person desiring to be heard on the above applications should
appear at the time and place above specified.
Dated ~epte~er 25, 1958, by Order of the Zoning Board of Appeals of
the Town of Southold.
PLEASE P~LISH ONCE, OCTC~ER 2, 1958, AND FOR~,'.ARD THE AFFIDAVIT OF
PUBLICATION TO BOAR_~ OF A?P~LS, % BUILDING INSPP~TC~, MAIN ROAD, SOUTHOLD,
NoY o
cc: S.Zuchlich, ~ommel Ave., Southold, N. Y. - Hearing at 8 P.M.
Mr.&~rs. G.~_ockefeller,_ea~ring_.g~. 8.15~04-27p.M.lOTth St., Ozone Park 17, N.Y.
G. Ciacia, R.F.D., Southold, N. Y. - Hearing at 8~30 P.M.
~EED
From:
To:
Dated:
Recorded:
May C Francisco
Robert G Rockefeller and
Bertha S Rockefeller, his wife
September 17. 1949
Suffolk County Clerk's Office on September 19, 1949, Liber 2994
Pages 306/307.
"ALL that certain lot, piece or parcel of land situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, ~unded and described as
follows: -
BEGINNING at a point on the northerly side of North Road, also sometimes known
as "O]~i Kings Highway", where the extreme southerly end of the dividing line between
the premises herein and land formerly of one Charles Burt intersects said northerly
side of North Road, running thence along said dividing line North 13° 18' 30" West
441 feet, more or less, to the high water mark of Long Island Sound, thence south-
easterly along said high water mark of Long Island Sound 170 feet, more or less, to
a point thereon which is 364 feet, more or less, northerly from the northerly side
of North Road, drawn on a line at right angles thereto, the southerly end of which is
150 feet easterly from the point of beginning, thence South 13° 18' 30" East along
the westerly boundary line of land now or formerly of one Dave Driscoll 364 feet,
more or less, to the northerly of North Road, thence along the northerly side of North
Road, South 77° 23' West 150 feet to the point or place of beginning.
TOGETHER with all the right, title and interest of the party of the first part,
if any, in and to the highway in front of and abuttiD~ said premises to the center line
thereof.
TOGETHER with all the right, title and interest of the party of the first part,
if any, in and to the water and lands under water of Long Island Sound, in front of
and abutting said premises.
Being and intended to be the same premises conveyed by Valentine Ruch and Helen R Ruch,
his wife, to May Cooper Francisco, the party of the first part herein, by deed dated
November 15, 1924, and recorded in the Suffolk County Clerk's Office in Liber 1152 of
deeds at page 100, on December 1, 1924."
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No...A.p.p..e...~..]-....l~..O.:.....1..~...5. ............................... Date September 20 ]o58
To ~c~l~,e.I'.t.....G..,...$;..~.!lLt..h..a S, Rockefeller
....... ...................
....... O..z..o...n...e.....P.a:rk 17, New ~ork
PLEASE TAKE NOTICE that your application dated ............................. ~.e.~..~..e...~..b...e.~....~)9....~...8.
tn/s North Road,
for permit to:X~i~i~::~lt~ ..d~Y;l-.~....P..ll..9. t~...?..~..~.....at the premises located a ......................................
~-reenport, Ne~ Xork
.............. ~i~.'~{~'~,'~{J.~' ;''' '~" ~'~ ~'~'" Street
Map *** Block ~** Lot ***
:~ltl~::l~:x~t~flisapproved on the following grounds .... ..A..r..~i:.o..]:.e.....I...I..l..~...~.?...o.}.~..o.n...~.0..} :
fz'ont&ile ].ess than that ~equired by zonln6 ordinance,
Building Inspector