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HomeMy WebLinkAbout94 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 94 Doted August 29, 1958 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To Stanley S. Corwin for Nella Williams and others Main Street, C*~eenport, N.Y. D AT E...N..o..v...e~...b..e..r....2..0., 1958 Appellant At a meeting of the Zoning Board of Appeals on was considered and the action indicated beJow 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 ( ) 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 application of the Ordinance (would) (~X,~l=~:Xproduce undue hardship because proposed sales, unaccompanied by variances, would result in situations where buyers could not obtain permits for further building, repairing or additions (b) The hardship created (is) 1(~) unique and (:~i~;~(would not) be shared by oil properties alike in the immediate vicinity of this property and in the same use district because the district has been established and the other property owners do not ~hare the problem (c) The variance (does) (~m~ observe the spirit of the Ordinance and ~ (would not) change the character of the district because the character of the district is already established by improvements that have been made. :nd 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: private road known as Truman's Path, part of which is shown on a certain map entitled,"Map of land Surveyed for Roger Williams, at East Marion, New York", in the Town of Seuthold, N.~. Board unanimously grants application under condition that there be no construction closer than eight feet to the easterly line of the property describedin the application. ZONING BOARD OF APPEALS Barbara M. Andrade Secretary Form Z134 BEFORE THE BOA_RD OF APPEALS, TOWN OF SOUTHOI. I~, NEW YORK In the Matter of the Application of NELLA WILLIAMS, and others, for a variance under the Zoning Or- dinance. To the Zoning Board of Appeals, Town of Southold, ~. The undersigned, as attorney and acting for i~.~ella Wil- liams, residing at East Marion, N'. Y., Adolf O. ~2rieb, residing at 30-13 - 43rd Street, Astoria, N. Y., and John Milligan, residing at 66 Esst 190th Street, Bronx 68, i~. Y., hereby applies to the Zoning Board of Appeals for the various relief hereinafter set forth in de- tail. The said !~ella Williams is the owner of a tract of land at East Marion, Town of Southold, County of Suffolk, State of New York, on a private road known as Truman's Path, part of which is shown on a certain map entitled, "Map of Land S'~rveyed for Roger Williams, at East Marion, Yew York", attached hereto and made a part hereof. This application is concerned with part of lot 13 and all of lots 14 and 15 as shown thereo~u. This appeal is made to the Board on the ass~unption that it has jurisdiction to determine these matters pursuant to the pro- visions of section 801-A, subdivision b. At the time the zoning ordinance became effective the entire area shown on the map, lots 11 to 18 inclusive, with the exception of the portion indicated as being owned by one Kaiep, was owned by the said ~ella Williams. Erected on the property at that time were several cottages which were then and have since been rented either seasonally or for lesser periods of time. The cottages were erected in such a way that it is impossible under the ordinance to convey a parcel of land around each of the cottages without resulting ~in several violations of the zoning ordinance. Nevertheless the said fella Williams has been unsuc- cessful in her attempts to sell the e.~tire parcel and has been obliged to endeavor to sell parcels. The lot on the map indicated "Milligan" and the lot in- dicated "Krieb't are presently under contract of sale. In each case, the contracts contain provisions making them subject to obtaining certain relief from this Board by way of variances. What is sought is the formal action of the Board that would result in what would be an equivalent to a determination that the respective subdivided parcels of land were in single and s~parate ownership at the time of the adop- tion of the zoning ordinance. Additionally, variances would be ueces- sary due to lack of access. Strict application of the ordinance would produce undue hardship because the proposed sales, unaccompanied by variances, would result in situations where the buyers might be precluded from obtaining permits for further building or substantial re~airs and additions be- cause of inadequate lot size, because the lots lacked requisite side or backyard space, or because there ~as a lack of access. Through no fault of her own, since the cottages mow proposed to be sold were erected be- fore the zoning ordinance went into effect, the owner undoubtedly created the situation which effectively precludes the sale of the individual cottages with sufficient lands and yard space to comply with the zoning ordinance. There is a practical difficulty in comply- ing with the strict letter of the ordinance. Inasmuch as the owner has made reasonable efforts to sell the property as one piece, the hardship created is unique; the uniqueness is obvious on its face and at this point need not be elaborated other than to say that it is not shared by other properties in the immediate vicinity of the owner's in question and in the use district with which we are concerned. The granting of the variances asked for would not change the character of the district inasmuch as the character of the district is already es~blished by the improvements which have been made. Bear- ing in mind the purpose of the ordinance as set forth in the premise, -Bm namely, that the restrictions with respect to the size of yards and the location and use of buildings on property, etc., is to promote the health, safety, morals and ge~eral welfare of the p~plo of the Town with reasonable consideration to the conservation of property values and the direction of building development, it can be said without compunction that the granting of the variances in this case would certainly do no disservice to the people of the Town; it would ob- serve the spirit of the ordinance. Specifically then, the respective reliefs requested are, Io The granting of a variance to John Milligan, resid- ing at 66 East 190th Street, Bronx 68, ~ew York, his heirs, legal representatives or assigns, as to the premises described as follows: BEGIMNING at a point on the easterly shore of Marion Lake marking the southwesterly corner of lot 16 as shown on a map made by Otto W. YanTuyl end runuing thence north 64 degrees 05 minutes 40 seconds east, l~ feet more or less to a stake set on the south- erly line of said lot 16 distant, along said course, 10S feet from the westerly line of a certain right of way known as Truman,s Path; running thence south- east 8 degrees 09 minutes 20 seconds, 42 feet to a point; running thence southwest 64 degrees 05 minutes 40 seconds, 142 feet more or less to the shore of Marion Lake; running thence in a north- erly direction, along the ~hore of Marion Lake, about 40 feet to the point or place of beginning. TOGETHER with a right of way over a 10 foot strip of land running from said premises easterly to said Truman's Path, the northerly boundary of said right of way being the southerly line of said lot 16, which is the course first described and the extension east- erly thereof to said Truman's Path, (a) permitting the use for residential purposes of the cottage presently erected thereon even though the statutory side yard requirements are absent, establishing the said premises and the building erected thereon as if the premises were existing as a lot in single and separate owner- ship at the time of the adoption of the zoning ordinance, and (b) grant- lng said variance in the knowledge that the premises do not have the ac- cess to a public road as prescribed in section 280-a of the Town Law. II. The granting of a variance to Adolf O. Krieb, resid- ing at 30-13 - 43rd Street, Astoria, New York, his heirs, legal representatives or assigns, as to the premises described as follows: BEGZi'~MING at a point on the easterly shore of Marion Lake, marking the southwesterly corner of land of Mella Williams under contract of sale to John Milligan, and running thence along said lands last mentioned north- east 6h degrees 0~ minutes 40 seconds, 142 feet more or less to a point marking the southeasterly corner of said lands; running thence southeast 2~ degrees 54 minutes 20 seconds, 57 feet to a point; thence southwest 64 degrees 05 minutes 40 seconds, 143 feet more or less to the shore of Marion Lake; thence in a northerly direction along the shore of Marion Lake about 57 feet to the point or place of beginuing. TOGETHER with a right of way for ingress and egress over a strip of land running from Truman's Path to the above described premises, bounded as follows: beginning at a point on the westerly line of Truman's Path marking the northeasterly corner of land of Eniep, and running thence southwest 64 degrees O~ minutes 40 seconds, 100 feet; thence ~orthwest 86 degrees ~6 minutes 0 seconds, 55.74 feet; thence northeast 64 degrees 05 minutes 40 seconds, 30.96 feet; thence southeast 86 degrees ~6 minutes 0 seconds, 24.77 feet; thence northeast 64 degrees 05 minutes 40 seconds, 96.13 feet to a point on the west- erly line of Truman's Path; thence along said line, south- east 25 degrees ~4 minutes 20 seconds, 15 feet to the point or place of beginning, (a) permitting the use for residential purposes of the cottage presently erected thereo.~'~ even though the statutory side yard requirements are absent, establishing the said premises and the building erected thereon as if the premises were existing as a lot in single and separate owner- ship at the time of the adoptS, on of the zoning ordinance, and (b) grant- lng said variance in the knowledge that the premises do not have the ac- cess to a public road as prescribed in section 280-a of the Town Law. III. The granting of a variance to Nella Williams, resid- lng at East Marion, ~ew York, her heirs, legal representatives or as- signs, as to the premises described as follows: A. BEGIM~i!~G at a point on the westerly line of Truman's Path distant northerly along said line 15 feet from the northeasterly corner of land of Kniep; running thence north- east 64 degrees 05 minutes 40 seconds, 96.13 feet; thence northwest 86 degrees 56 minutes 0 seconds, 24.77 feet; thence northwest 2~egrees 54 minutes 20 seconds, 37 feet; thence northeast 64 degrees 05 minutes 40 seconds, 117.80 feet to the westerly line of Truman's Path; thence along said line, southeast 2~ degrees 54 minutes 20 seconds, 49 feet to the point or place of beginning, (a) permitting the use for r~sidential purposes of the cottage presently erected thereo~ even though the statutory side yard requirements are absent, establishing the said premises and the building erected thereon as if the premises were existing as a lot in single and separate owner- ship at the time of the adoption of the zoning ordinance, and (b) grant- lng said variance in the knowledge that the premises do not have the ac- cess to a public road as prescribed in section 280-a of the Town Law, and B. BEGINNING at a point on the westerly line of Truman's Path distant northerly along said line 64 feet from the northeasterly corner of land of Kniep; rurming thence south- west 64 degrees 05 minutes 40 seconds, 117.80 feet; thence northwest 2~ degrees ~4 minutes 20 seconds, 20 feet; theace northwest 8 degrees 09 minutes 20 seconds, 42 feet; thence northeast 64 degrees 0~ minutes 40 seconds, 10S feet to the westerly line of Truman's Path; thence along the said westerly line of Truman,s Path, southeast 2~ degrees ~4 minutes 20 seconds, 60 feet to the point or place of beginning; Sb~JECT to a right of way l0 feet in width along the north- erly side of said premises, (a) permitting the use for residential purposes of the cottage presently erected thereon eve~ though the statutory side yard ~equirements are absent, establishing the said premises and the building erected thereon as if the premises were existing as a lot in single and separate owner- shi~ at the ti~e of the adoption of the zoning ordinance, and (b) grant- ing said variance i~ the knowledge that the premises do not have the ac- cess to a public ro~d as prescribed in section 280-a of the Town Law. Sworn to before me this 29th day of August, 1958. Notary Public, Sfate ef ~ ~1~ No. ~-~3~ Quafified ~n Suffolk [erm ~Dires March 30, LEGAL ~O~ICE ~OTICE OF HEARING Pursuant to s~on 267 of the Town Law ~d the pro~lo~ of the old, SuffOlk ~ty, New York, a pub= lic being w~l ~ held ~F the Zo~ Boa~ ~ ~Ms of ~e T~ of ~uthold, at the ~wn Clerk's ~fice, Main S~, ~u~old, N. Y. on Sep- up~ ~e appH~tion of Nella Wi~s and ot~rs for ~ varl~e of the Zon- 3~, 307, ~, and r~o~tlon of a~ess, ~s~tion.~-a of the ~ ~w. This property i~ated ~ S/S N.Y. ~y ~r~m d~r~ W ~ heard on the a~ve application ~ould ap~ar at the t~e ~ pl~e above sp~ifi~. ~t~ ~ptem~r 2. 1958 by order of the Zoning ~a~ of Ap~aM of the Town of ~ut~Id. COUNTY OF SUFFOLK l ss. STATE OF NEW YORK t Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher of THE LONG ISLAND TRAVELER - MA'I-FITUCK 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 successively, commencing on the ............. ~. .......... .......... 19.~...~ S)vorn to before me th~s .........J). ............ day of ............ :,: ,:. ......... L..,(-.:/.~.~L. .... Notary Public // ootmb~ ~6~ ~9~8 Ve:T truly yours. Oh~Lmano Sou~ho~d Toms RWaJrt~n STANLEY S. CORWIN ATTORNEY AND COUNSELLOR AT LAW GREENPORT, NEW YORK October 22, 1958 Mr. Howard H. Terry Building Inspector Southold, New York Dear Mr. Terry: The several applications of Roger Williams and others which have been pending for some time were continued over, I presume, to the calendar of October 23. I am necessarily to be out of town that even- ing and cannot attend as I would like to do. It is respectfully re- quested that the matter be msrked for the next session of the Board. At that time I expect to amply to amend tho application by striking out all of the a~plications for variances other than that of Mr. Krieb. tion. Thank you in anticipation of your coopera- Very sincerely Stanley S. Corwih SS o/c:ok Mr. Stamley S. Cor~in, Attorney Main Street, Greenport, N.'~. Dear Sir; September 2, 195~ There will be a public hearing upon your application A/C Nella Williams and others, held b~ the Zoning Board of Appea2s ~ti~e Town Clerk's office, Main.Street~ 8outhold, N.Y., on ptember 11, 19~ at 8:OO PM (E~D.~.T.) Your~ truly Chairman, Board of Appeal~ RWG/ht LEGAL NOTICN Notice of hearing Pursuant to section 267 of the Town Law and the provisions of the building zolie ordinance of the Town of Southold, Suffolk County, A~ew York, a public hearing will be held b~ the Zoning Soard of Appeals of the Town of Southold, at the Town Clerk's Office, Main Street, Southold, l/.y. on September 11, 19~8 at 8:00PM, (E.D.S.T.).UPon the application of 1/ella Williams and ethers for a variance of the Zoning ordinance, Article III, section 303, 304, 307, 308, and recognition of access, sectOin 280-a of theTown law. This property located on S/S Main Road, oD private ~oad, East Marion, Any person desiring to be heard on the above application should appear at the time snd place above specified Please publish once Sept $, 19.58 and forward the affidavit of publicati~n immediately to the building inspector. ! BEFORE THE BOARD OF APPEALS, TOWN OF SOUTHOLD, NmE Y~RK In the Matter of the Application of MELI~ WILLIAMS, and others, for a variance under the Zoning Or- dinance. In conformance with the Board's ruling and decision be that there/no multiple applications for variances, the application in the above entitled matter pending herein is modified by striking therefrom paragraphs I and III. The reference in the original application to John Milligan as one of the applicants is to be deleted as is any reference being a part of the land with which the application is con- to lot 15 cerned. the granting of paragraph II is As amended accordingly the application is renewed and the relief asked in the original application as to respectfully reques~'~'~ Stanley S% Co~i~ Sworn to before me this 6th day of November, 1958. /'7' /3 d