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HomeMy WebLinkAbout625 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 Do not quote the Ordinance.)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 ............................................................................... I I L