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TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~;¢,,~._4~
DATE .., .I..2./..1...2. ,/. ,6..3. ..........
TO THE ZONING BOARD OF APP'EALS, TOWN OF SOUTHOLD, N. Y.
1, (We) Elwood L. Martz and Alita L.M~o~tz 46-Q~
Name of Appella.nt Street and Number
Douglaston, New York N.Y.
......................................................................................................................... HEREBY APPEAl TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED .....D..e..c...e...m...b..e.r....1..2~....1.9..6..3. ...........
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
Elwood L. Martz and Alita L. Martz
Nome of Applicant for permit
of .... !6.z.0. ! ..z. is....s..t. ?.t. ................. ........... .N..:. ..........
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
APPROVAL OF ACCESS
1. LOCATION OF THE PROPERTY .~...v.~.~..~.?.~.~..W.~:..~.~/..s.~..~...~.z¥~!.e...w.....~..~...a.~.~.A..~..?..i:~.~ ......
Street Use District on Zoning Map
................................................................................. SOUTHOLD, Lolo
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 Do not quote the Ordinance.)
Town Law Sec. 280A - Sub. 3
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 (i,~(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 Appeai No ................................. Dated ......................................................................
(x)
)
)
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
,s requested for the reason that applicants desire to subdivide their plot into four
parcels in accordance with the annexed map.
Form ZB1 (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the lots in the development are all relatively small lots
which have access over a right of way. The applicants' prope{ty, capable of
being subdivided into 4 lots, as it now exists is unsaleable because of its size.
The four lots created by this subdivision would have access over the same
right of way, which right of way would be extended to give access to these
four lots.
2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
vicinity of this property and in this use district because the adjacent properties in the
development are relatively small lots whereas the applicants' property is a
large lot capable of being subdivided into 4 lots relatively the same size as
the other lots in the development.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the four lots created by the subdivision of
the applicants' property would be approximately the same size as the lots
adjoining and would have access over the same right of way as the adjoining
lot owners.
STATE OF NEW YORK )
)
COUNTY OF NASSAU )
SS
Sworn to this ............ ~.9..t~. ......................... day of ................ .D...e..c..e...rf}...b...e..r. .............. 1963.
Notary Public
WALFER F. MACRE
L~GAL NOTICE
/qotie~ of llearis~
Pursuant to Section 26? of thel
Town Law and the-provisions of
the Amended Building Zone Or*
dinance of the Town of Southold
Suffolk County, New York, public
he~rin~s will be held by the
Lug Board of Appeals of the Town
of Soathold at the Town Office
I~ain lqoad, Southold, New York,
on ~a~uary 9, ,1964, on the foU~ow-
Al~ta L. Martz, 46-04 245 Street,
i Doug~, New York, £(~ recog-
nition of ~acce~ in 9,c~o~danoe w~th
State of New York Town Law, Sec-
~on 280A. Location ~f prope~y:
private r~gh~-of-w~y ~mown
Road, Southold, New York. Prop-
,e~y bounded north by ~ of
Dlckerzon, ea~$ by "Cedar Bezch
Park", sou~ by Little l~conic
Bay, and west by lan! of Mlll~ ,a~d
rand of 'Ptm~er.
~:~ P.M. (~,T.), upon applt
eaMc~ of Andrew J. Oankobell,
125 Frc~t SSreet, (~reenport,
York, for a special eX~l~on in
dl~nre, Article IV, 8eetten 400,
Subsection 9, for pesmt~*t to use
STATE OF NEW YORK,
~ ss:
COUNTY OF SUFFOLK, j
. . ~, ~'C~. ~fl.~L~... ~c~:~.~:~ ... being duly Sworn,
'] ",' LK
says that .~ . . is P~nter a~d Publisher of the SU~I 0
TI~E8, ~ newspaper published ~ Greenpo~, in ssid county;
snd thst Zhe no~ice, of which ~he ~nnexed is ~ printed copy,
hss been published in the s~id Suffo~ Times once in esch
successively commencing on the ....~
...... ...............................................
8wo~ to before me ~hia .....~;~ ............
day of ....&.s. ~:~:~s~.5~:. .... 19.~.~_
LEG/fL NOTICE
Notice of Hearing
Pursuant to Section 267 of the Town Law and the provisions
of 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
Office, Main Road, Southold, New York, on January 9, 1964,
on the following appeals:
7:30 P.M. (E.S.T.), upon application of Elwood L. Martz
and Alita L. Martz, 46-04 245 Street, Douglaston, New York, for
recognition of access in accordance with State of New York Town
Law, Section 280A. Location of property.' private right-of-way
known as "Sunset Lane", south side Bayvi~w Road, Southold, New
York. Property bounded north by land of Dickerson, east by
"Cedar Beach Park", south by Little Peconic Bay, and west by
land of Mills and land of Turner.
7:45 P.M. (E.S.T.), upon application of Andrew J. Campbell,
125 Front Street, Greenpott, New York, for a special exception
in accordance with the Zoning Ordinance, Article IV, Section
400, Subsection 9, for permission to use the property as a
public garage and car sales lot. Location of property: south
side west Front Street (Route 25), Greenport, New York, bounded
north by West Front Street, east by Giovanelli and schultz,
and Robert Brown, south by Long Island Railroad, and west by
S. Van Sclver.
Page 2 - Legal Notice
Any person desiring to be heard on the above applications
should appear at the time and place a~ove specified.
DATED: December 19, 1963, By Order of the
Southold Town Board of Appeals.
PLEASE PUBLISH ONCE, DECEMBER 27, 1963, AND FORWARD THREE
(3) AFFIDAVITS OF PUBLICATION TO THE BOARD OF APPEALS, SOUTHOLD,
NEW YORK.
Copies mailed to the following on December 20, 1963:
The Suffolk Times
The Long Island Traveler-Mattituck Watchman
Schiffmacher & Rochfc~d, a/c Elwood L. & Alita L. Martz
Andrew J. Campbell
SOMEOt~E SHOULD APPE. AR AT THE HEARING
SCHIFFMACHER, R_OCHFOR. D O CULLEN
November 6, 1964
Mr. Howard Terry, Building Inspector
Office of Building Inspector
Town of Southold
Town Clerk's Office
Southold, New York
Re: S/s Bay View Road, Southold
Dear Mr. Terry:
This is to advise you that Elwood and Alita Martz have
disposed of the above property and have no further interest in it.
Very truly yours,
Schiffmacher, l~ochford & Cullen
By
CES/gs
October 28, 196~
Schiffmacher & Rochford,
~% !~orth Station Plaza
Great Neck~ N.~.
Attorneys
~entlemen;
On January 9th, 196~ a hearing was held by the Board of
Appeals upon yo~ application for approval of access A/C Elwood and
Alita Martz, propert on ~ right of way S/9 Bay View Road, ~outholde
At that time the hearing was recessed until such time as
the road was made passable for emergency vehicles. To date there has
been no improvment in the road.
We have another formal application for approval of acce. s
by another property owner ~n this right of way, which wl]l be heard
on November ~th at ?~+~ PM.
I would like to have everyone interested in this right of
wa~ present if possible so that we can get this settled once an~l for all~
somth~ng must be done to improve the roadbed, and maybe we can agree
on what has to be done.
~ours truly
!~ .,'.~' , i, ,
Building ~sDector~
January 10, 1964
Schiffmacher & Rochford
45 North Station Plaza
Great Neck, New York
Attention= C. Ellis schifflnacher
Dear Mr. schiffmacher:
The Board of Appeals opened the hearing upon
the application of Elwood L. Martz and Alita L.
Martz and recessed decision until such time as the
access ~o this property from Baywiew Road is improved
sufficiently to permit the ingress and egress of
fire truckS, ambulances, police cars and other
e~ergency vehicles. At the present time it is the
opinion of the Board of Appeals that a proper access
does not exist.
The Fire chief of the Southold Fire District
concurs with the opinion of the Board in a letter dated
December 22, 1963.
Very truly l~urs,
Robert W. Gillispie, Jr.,
chairman, Southoid Town
Board of Appeals.
SCHIFFMACHER O ROCHFORD
December 1Z, 1963
Town of Southold
Building Department
Main Road
Southold, N. Y.
Re Application of Martz for
Building Permit
Attention: Mr. Terry
Dear Mr. Terry:
Enclosed please find a map of the property owned by
Etwood L. and Alita L. Martz at Bayview, Town of Southold,
Suffolk County, New York. We ask that you issue a building
permit on these four lots.
On the enclosed copy of this letter, please indicate your
determination and return it to us in the stamped, self-addressed
envelope enclosed for your convenience.
In view of the anticipated denial of this application, we
also enclose an appeal from the decision of the building inspector
in duplicate, with our check for $5.00 covering filing fee. Please
place this appeal on the Board of Appeal's Calendar at the earliest
possible date.
Also enclosed is our check in the sum of $.Z5 covering
the cost of obtaining a copy of the Building Zone Ordinance.
Thank you for your cooperation in this matter.
Yours very truly,
SCHIFFMACHER & ROCHFORD
/
Waiter F. Macre
WFM/gs
Encs.
$CHIFFMACHER 0 ROCHFORD
December 31, 1963
Zoning Board of Appeals of the Town of Southold
Town Office
Main Road
Southold, New York
Appeal of Elwood L. & Alita L. Martz
for approval of access pursuant to
subdivision 3 of Section 280A of the
Town Law
Gentlemen:
We are writing this letter in support of the above appeal
in lieu of our personal appearance. Because of other commitments
and because of the distance to Southold, we trust that you will excuse
our personal appearance.
As appears from the application, Elwood L. and Alita L.
Martz are the owners of a rectangular piece of property approximately
g00 feet by 350 feet in Bayview in the Town of Southold. The property
now has access from a private road leading westwardly and northwardly
to Main Bayview Road.
Mr. and Mrs. Martz have been unable to dispose of their
property in one parcel because of the nature of the development lying
to the west of their property, and propose, as is shown in the appli-
cation, to divide the property into four separate parcels complying
with the zoning ordinances of the Town, two parcels having 20, 000
square feet and fronting on Little l~econic Bay, and the other two
parcels having approximately 15, 000 square feet upland, each plot
having 100 feet of frontage.
The reason for the application is that the properties do
not presently front on an improved street. As the plan indicates,
a 50 foot strip has been laid out as a continuation of the present
existing private right of way to provide appropriate and proper ac-
cess to the four parcels.
SCHIFFMACHER g ROCHFORD
Zoning Board of Appeals
-2-
December 31, 1963
Because of the development of the area, the present parcel
is unsalable. However, the four parcels are immediately salable and,
in fact, two contracts for the sale of two parcels are now being prepared
subject to the granting of this application. The proposed access to the
four parcels, it is submitted, is adequate and proper and complies in
all respects' with the letter and spirit of 280A of the Town Law inasmuch
as the enforcement of the provisions of the ordinance would entail practical
difficulty and unnecessary hardship, and since the circumstances of this
case do not require the structure to be limited to existing or proposed
streets or walkways other than the private road as in said application
set forth. We, accordingly, urge that the application be granted.
We wish to take this opportunity to express our appreciation
for the cooperation of the Town Attorney, Mr. Robert W. Tasker, and
the Building Inspector, Howard Terry, for their cooperation.
Very truly yours,
CES/gs
SCHIFFMACHER & ROCHFORD
Tel. SO 5-3285 - 3270
SnUTHFILD FIRE DEPARTMENT
SOUTHOLD, L, I., N. Y.
December 22, 1963
Mr. Robert W. Gillespie,
Chairman,~ Southold Town
Board of Appeals,
Scutho:ld,. New York
Jr.
Dear Mr. Gillespie:
In reply to your letter of December 2oth,
rwque~'ting the inspection of the right-of-way known
as "Sunset Lane", I with Assistant Chief L. Baker,
inspected said road on Sunday~ December 22~ 1963.
We have on several times before, other than
after a snow storm been on said road, which is a
dirt road. Fire Apparatus can negotiate the road on
anytime we have been on this road, although with a
dirt road there are times such as spring thaws and
prolonged r~ins which could make it impassable.
The fire department would not positively state
that we could go down this road, although we believe
we can do it.
Very truly xours,
/
Adoloh G. Westerlund~
Chief Engineer.,
AGW/el
cc to Board of Fire Commissioners
December 20, 1963
Chief Adolph G. Westerlund
Soutnold Fire Department
Southold, New York
Dear Chief Westerlund:
The Southold Town Board of Appeals has been asked
to approve a private right-of-way known as "Sunset Lane"
running south from Bayview Road, Southold, which Mr.
Grigonis is familiar with. It is our opinion you should
inspect this right-of-way and we would 1/ke to have your
opinion as soon as possible as to whether you find this
right-of-way suitable for the passage of fire trucks and
emergency equipment.
Very truly yours,
Robert W. Gillispie, Jr.
Chairman, Southold Town
~oard of Appeals.
I~ORM ~0. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. ¥.
~qOT~CE OF DISAPPROVAL
File No ........................................................... Date ................... I ecemb.er... ........19..~.
To ..~ch~£f~achar. & .Bo. chf. ord....A~g...Elwood L & Alita Martz
........... ..~.~..Nor. th.. ,~2at&on.. l~la~ ..............
................ .Gr. oat....lfeck,....I~, I....,.. N,.~., ............
PLEASE TAKE NOTICE that your application date~ ........ December.. L~ ............. 19..~.~.
.~or permit to construct ........ ~.~-~rl~ ............ at thc pr~mises located at .~.,.. ~.,~,~,...O~'f
..... ~$~.....~8Y...I~J,~I~...Ro~(~ ..................... Street ~outhold, N.Y.
Map ........... ~ .................. Block ......... ~ ................. Lot .......... ~ ...................... is
~ disapproved on the followinff ground, ...... L~f~..of.. ap.pr.o~ed ........
..a..C c.e.$. ~. ...... .~... ~.e c. ti on.. 280a. ~ own...law ...............................................................................
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