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HomeMy WebLinkAbout341 APPEAL FROM DECISION TOWN OF SOUTHOLD, NEW YORK OF BUILDING INSPECTOR APPEAL NO. ~/75/? DATE J.~..~.~....1.~.~... 1961 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. :~ (We) .......C..a...~..~.~...&....g..]:.a...q.a...J:.~.....D..a...~.~.~. ....... of°. ........... ..Mp:.~..~.~....u~.....[-.Z%cJ..~..~..a...'Z. .................. Name of Appellant Street and Number Bridgehampton New yo.r. kHEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS_ ~.-2z-'/__--FROM THE DE~_CISION OF THE BUILDING INSPECTOR ON oN .... .... ......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) James and Claudia Darden Name of Applicant for permit of .... ~q~.~a.U~.. It kgh.w.a.y. .............. ~ridg.~hamp~oa ......... ~ew...Y. ark ............ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (x):Recognitionof Access 1. LOCATION OF THE PROPERTY....~.../..~...~.4~.,.'.z~.....~..9.a...d ........................ .'~..A.~....R..e..a...$,.~..e...~..t...$..a...1..-..~..gr±o Mattitu~e~etN. y. Use District on Zoning Map Map No. Lot No. 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 Do not quote the Ordinance.) Section 280A - New York State Town Law 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (X) 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) (h~.~:c¢)' 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 (X) request for a variance and was made in Appeal No ...... ..1..3..4.. ................... Dated ....J.~rt.~ar~,.]-.~..,...~.9..519. ........................... REASON FOR APPEAL ° ° ° CX)° ~ A'Va?ihh~e' tb~S~e~tldn~ 2807A~ 5~tb~ctJ~ ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that applicants are unable on their lot located on the north, side of Main Road, without recognition of access to this lot. (Continue on other side) ~0rm ZB1 to build a dwelling Mattituck REASON FOR APPEAL Continued "1~ STRiCT'APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because applicant would be unable to build on plot without recognition of access. A wider access had been suggested t~adjoining property owner had refused to.cooperate. 2, The hardship created is UNIQUE and )s not shored :3y oH properties alike in the immediate vicinity of this property and m this use district ~couse no similar Situation with regard to access exists in the area. 3. The Variance would observe the spirit of the Ordinonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT beceuse this is recognition of an existing driveway to the lot in question. Applicant plan to pla~e c~ the premises a building and improve it so that it would be comparable or better than the remaining residences in this particular section. STATE OF NEW YORK ) COUNTY OF Suffolk ) $5 Signature Sworn to this ....................... ,1._7,~ ............... day of ................... ,,J,~,n.~.a...r~. ............ .1..~1 ~¥~y Public, State o( Ne;~t York :,~,.~. 52-()3449~3 Suffolk County. Occm~,. ss:on Ex,ires ~arch 30, 19~/ .£OWN OFSOUTHOLD,. NEW. YORK ACTION O~ T.~ ZON:Ne ~O^~D O~ ~:~ Appea, I No. ~ Dated ~~ ~ ACTION OF THE ZONING BOARD OF APPEALS OF TOWN SOUTHOLD Appellant at a meeting of the Zoning Board of Appeals on ~,~t ~ was considered and the action indicated below was taken on your ( ~ Request for variance due to lack of access to property ( ) Request for a special permit under the. Zoning Ordinance ( ~ Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be granted ( ) be denied pursuant to Article ...................... Section .................... Subsection .................... paragraph ...................... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. By resolution of the Board it was determined that (g~ Strict~application of th, e~OrdLoance~lwould) ~ produc~ ~undue hardship because (b) The hardship created (is) (~) unique and (~ (would not) be shared by all properties 'k~r~t e i edia of this ~ ~i th~~ dLstri~t because' e~ ~$~ (c) The variance (does) (~ obser~e:the spirit of the Ordinance and ¢~$~ (would ngt) chan~.e ......... "[ tJ~ · "~ ~'~~ ~1~ ~ p ~ ~ ~, and therefore, it was further determined that the requested variance ([) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ([) be reVersed.~ ZONING BOARD OF APPEALS Form ZB4 ACTION OF THE ZONING BOARD OF APPEA~LS' Appeal No.34~ ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD B~l~Je~t;on, ~et~ Appellant at a meeting of the Zoning Board of Appea,ls on,~h~ge e ~l~l~lla~/ 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 exception under the Zoning Ordinance Request for a variance to the Zoning Ordinance, ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a specia'l exception ( ) be granted ( ) be denied pursuant to Article ................ Section ................ Subsection ................. pa,ragraph ................ 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 (e) Str'¢t. applicat~oD of, the. Or.~n.ance (wguld) .__3~3~,.) produce u.ndue'hard~ip because (b~~ip crated (is] ~t) unique and ~) (would not) be shored by ami properties alike in the immediate vicihity of this proper~ and ir the same use district because ~ (c) The variance (d~s)~) o~serve the spirit of the Ordinance and ~), (would not) chanfle the character of the district because ~ ~ ~ ~~a ~ ~ and therefore, it Was further determined that the requested variance,~ ) be grante~ ( ) be denied and that the previous.decisions of the Building Inspector ( ) be confirmed ~ ') be re,versed. · ' COUNTY OF SUFFOLK STATE OF NEW YORK ~ LEGAL NOTICE NOTICE OF HEARING Pursuant to Section 267 of the Town Law and the provisions of the .Amended Building Zone Ordinance of the Town )f Southold, Suffolk County, New York, ~ublic hearings .w~ll be held by the ~,oning Board of Appeal~ of the Town of Southold, at the Town Clerk'Office, ~lain Road, S~uthold, New York, on January 26, . 1961, o~ ,the f~llowing appeals: 7:30 P. M. (E.S.T.), upon. application ~f Noel Albrecht, Mattituck, New York, a/c John Loper, Jr. Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article IlL Sec- tion 303, and Article X, Section 100~A, for permlasi0n to reduce lot area use as a single lot, property located] t on the west side Wells Road, Laurel i New York, bounded north by Katherine ll Tuthill/east by Wells Road~ ~uth by~ Katherin~ Tuthill, and west by Kath- erine Tuthill. - 8:00 P. M. (E.S.T.), upon aI~pl, ication of William M. Beebe, New Suffolk Lane, cutchogue, New York, for a ~pecial ex- ception in accordance with' the Zoning Ordinance, Article' llIi Section 300, Subsect{on 1~, for permission to erect and mani~ain~ commercial advextisnii sign on property of William ,M. Beebe south side Eugene Road,. Cutchogue New, York, bounded north by Eugene Road, east by William ~.VI. Beebe and others, south by 'William M. Beebe and others, and west by William M. Beebe and others. 8:30 P. M. (~.,S.T.), upon application of James and Claudia Darden, ~on- tauk l-lJghway, Bridgehampton, New York, for recognition of access in ac- cordance with New York State Town Lav~, Section_280A. Location of prop- ec{~: north side Main'~t, Matt. i~uck~ bounded north by land of Junius Hub- bard, east by land of Herman Hubbard south by- land of Herman Hubbard, and ~ves.t by land of ~Iaston. : Any person desiring to be heard on the ab0v~ applications should appear at the time and place above specified. )ATED: January 17, 1961 ' By Order of thel Southold Town Board of Appeals. Walter B. Gagen, being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-I'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 ...~..~.,~;..~..~...~.~,.. wee~ day of .....~ .~.~..~ ........ 19...~..~./. Sworn to before me this ..... ~x~...q.~. ......... day of ..... ............ i otar '"" // '""'" .... . AD£LE PAYNE Notary Pu,.,hc, S/ara ol New Yor~ Residing in Sui~olk County ['~o. 52-3041000 Commission Expires March 30, 19! <~ // APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.,,~¢/ DATE J.~q~y...1.7.,... 1961 TO :THE ZONING 'BOARD OF APPEALS, TOWN_OF SOUTHOLD, N. Y.. ~ (We) James & Claudia Darden of' "': M0ntauk Hi~hw'a'3f · ... Name of Appellant Street and Number Bridgehampton New YO~kHEREBY APPEAL TO :Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE. BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO: ". :" : : of Street and Number ( ) PERMIT TO USE ( ) PE. RMI~I' FOR-OCCUPAh:I_G~ . .: ._ ... (x) :'Recognition:"of '~ccess '::' ': ' :' :' ~-- i --~ '" ' " '"-': James and Claudia Darden Name of Applicant for permit .... ~O.D~a.~¢../~ kg/~.w.a y. .............. Bridg~hampton ......... New...Y~rk ............ Municipal it,/ State 1. LOCATION O,F THE PROPERTY....n/..8....~-.i~-...~'..°..E!'..a'. ........................ :~..A:!...~'..e..s..~-e-..~..t..~.a...1.--"A'-gri° Mattitu~e, etNo y. Use District on Zoning Map 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.) Section 280A - New york State Town Law 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning'Ordinance or Zoning Map (X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 SecJ 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (hN.vm~)' 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 (X) request for a variance and was made in Appeal No ...... .1..~.4.. ............ Dated J~n~%ary. 13, .195.9. ........................... REASON FOR APPEAL ° ° ° CX Y ~ A'Va%i'ah'~e':tb~e~fidnt 280A* Sdb%fctibr~ ( .) .A yoFignce to the Zoning Ordinance ( ) .. , ~. is requested for ~he reason that applicants are unable to build a dwelling on their, lOt located on the north side of Main Road, Mattituck without recognition of access to this lot. · ~ (Contmue on othe side) Form ZB1 REASON FOR APPEAL Continued 1~ "STRICi' ',~I~I~LJCATION OF THE ORDINANCE would produce UNDUE HARDSHIP because applicant would be unable to build on plot without recognition of access. A Wider access had been suggested bg.~adjoining property owner had refused to,.cooperate. ~.. .. .... .~ , .- .-. 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 no similar situation with regard to access exists in the area. 3. The Variancelwould observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becouse this is recognition of an existing driveway to [the lot in question. Applicant. plan to place (x~: .the premises a ~uilding and improve it so that it would be comparable or better than the remaining residences in this particular 'section. ': ~ ' ' · ' "' STATE OF NEWi YORK COUNTY OF ,..q'u!ffolk SS Signature Sworn to this......' ................. .1...7.~ ............... day of ................... ..J..a...n..u...a..r.y. ............ .1..~l '- ', ' .L': ..... ' ' -: .... .':.~.,' ' ' Nora rv Public _. ?~Ttt T. ~O~N or~ ~t~Y .Public, State e! Hew ¥ ~ I;,~ ~2-0544963. Suffolk County ~ 8¢1m Ss;ou Expires ~larch 30, 19~/ / / January 27, 1961 Mr. and Mrs. James Darden Montauk Highway Bridgehampton, New York Dear Mr. and Mrs. Darden~ This ~s to advise-that your appl~catio~ for recognition of access to your lot on the north sl~e of Main Road, Mattituck, New York w~s granted on January 26, 1961 at a meeting of the'Board of Appeals. The formal Action Of the Board and other necessary ~al~ers covering YOur approval of access will be mailed to YOu kn the near future. Very-trulyYOurs, Judith T. Boken, Secretary Southold Town Board of Appeals off Hearing · Puxauant to Section 267 o£ th~ .To~,m Law and ~ auftolk~umt~,- I¢~ YO~k, ~llc hemz~ga will ~ held 7:30 9,it, (B.a.T.')~ :Ugon a~llcat~ton o£ uoel Albrecht, a ~tance ~ acco~nc~ ~lth ~e ~on~g O~da~ce. A~LCI~ Z~Z, ~ec~Aon '303, ana ~C~e ~. De~Aon 1000.% p~o~' locate~ on ~e ~mst ~1~ l,~el!s R~d, ~el, ~ ~fle~ no~ b~ KadenCe ~i~, east by ~ells !i 8~00 ~.}L '(~.G.~;), ugon application of ~.~lll/am 14. seebe, ~l~w Suffo~ ~e. C~ch~e. U~ York. ~r a o~ c~1 ~eptton ~ ack,ante ~zi~ ~ Sonlng OrinocO, a~lcle IZI, Section 300, S~$~tO~ 11. for ~mlssl~ ~ erect ~d ~in~ sou~/~ side Eugene Road, Cutchogue, by ~u~ene Road. east by and l~w Yo=~. 1~un/led north ~eo~ ~ o~hers, south - ~age 2 - Legal L~otJ.cef ~c~ce o~ Hea~t~g 8:30 P.~ (~.S.T.), upon application of J~meS and Clau4~ D~n, Mon~ ~I~Y, ~Ti~eh~n, ~ew Yo~, for ~co~Lt~on land o£~aston. *C* * PLE~E PI~BLISH ~, JANUA~Y 19, 1961~ (4) AFF~DAVXTS O~ ~ZCATXO~O ~ ~OARD OF APPEALS, 'TOWN 1961: