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HomeMy WebLinkAbout1953 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~;G BOARD OF APPEALS DATE Sep~.~---1.2, 1974 Appeal No. 1953 Dated August 29, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Thomas D. Duff, Jr. Appellant 34 Hunters Road at a meeting of the Zoning Board of Appeals on September 12, 1974 was considered and the action indicated below was taken on your (x) 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 EXCF_,FI'ION. By resection ~ the Board ~ was determined th~ a special exception ( ) be gra~ed ( ) be denied p~sua~ in ~tkle .................... Sect~n .................... Subsection .................... paragra~ .................... ~ the ~ning Ordinance and the decision of the Buildi~ In~ector ( ) be reversed ( ) be co~irmed became 10:15 P.M. (E.D.S.T.) upon application of Thomas D. Duff, Jr., 34 Hunter Road, Manchester, Connecticut, for approval of access, Section 280A Town Law. Location of property: North Hill, private road, (Crescent Avenue Extension), Fishers Island, New York, bounded on the north by Private Right of Way (Crescent Avenue Extension); east by H. Zabohonski (H. Walsh); south by H. Zabohonski (Walsh); west by P. Nitze. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Budding Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF ~ ~ -- After investigat£~n and inspection the Board finds that applicant requests approval of access to property located on North Hill (private road), Crescent Avenue Extension, Fishers Island, New York. The findings of the Board are that applicant purchased a building lot beyond the Town road maintenance of Crescent Avenue and does not have proof of approved access to this lot. Access is not described in his Deed. The Board agrees with the reasoning of the applicant subject to con- ditions. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created ~s unique and would not be shared by all properties alike in ~he immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Thomas D. Duff, Jr., 34 Hunters Road, Manchester, Connecticut, be GRANTED approval of access from the end of the Town maintained highway westerly to Lot No. 25, being the lot of Thomas D. Duff, Jr., with a total length of approximately 375 feet, and from the easterly line of Lot 25 to the end of the Town maintained road, as per ' preliminary plan of subdivision for Henry Walsh by Chandler, Palmer & King, dated October 1973 and revised March 6, 1974 - application withdrawn. This approval is granted subject to the following conditions: A condition of approving this access is that the applicant furnish us with legal evidence that he has a right of way to his property over the route of the approved access. A further condition is that the access shall be approved by the Building Inspector prior to issuance of a C.O. That the road be cleared to the full 50 foot width of the roadbed, and be paved with crushed stone to a width of 15 feet minimum although 20 feet would be preferable. 4. That care be taken in the vicinity of the 8" drain not to destroy the foundation of the drain. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, LEGAL NOTICE Notice of Hearings 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 September 12, 1974, on the following appeals: 8:15 P.M. (E.D.S.T.) upon application of Achilles and Marion Stachtiaris, Carole Road and Old Cove Boulevard, Southold,N~% York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35A for permission to construct fence with excessive height in front yard area. Location of property: Carole Road & Old Cove Blvd., Southold, bounded on the north by Old Cove Blvd. (private road); east by H. Manis; south by Stafford west by Carole Road (private road). 8:20 P.M. (E.D.S.T.) upon application of Arthur H. Slattery, Landing Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Landing Road, Northwest Loop, Cutchogue, New York, Lot #273, Map of Nassau Point Properties. 8:30 P.M. (E.D.SoT.) upon application of Marion Ales, 329 Forest Road, Douglaston, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 for permission to construct accessory building in front yard area. Location of property: Nassau Point 71, Map of Nassau Point Properties. 8:40 P.M. (E.D.S.T.) upon application Road, Cutchogue, Lot of Nicholas Brusich, Westview Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C and i 100-32 for permission to construct radio antenna mast of excessive height. Location of property: N/S Westview Drive, Legal Notice pg. 2 Mattituck, bounded on the north by E. Smith; east by R. Fogarty; south by Westview Drive; west by Komosa & Murphy. 8:50 P.M. (E.D.S.T.) upon application of~Eugene Mazzaferro, Oak Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-3D and Bulk Schedule and Article XI, Section 100-118, Sub. Sec. F for permission to construct dwelling on existing foundation with insufficient setback. Location of property: Corwin & Eighth Streets, Greenport,-bounded on the north by C, Flatley; east by Eighth Street; south by Corwin Street, west by C. Hulse. 9:00 P.M. (E.D.S.T.) upon application of Rev. Donald Brickley, 75 Broadwater~Drive, Cutchogue, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Sec. 100-30 and Bulk Schedule for p~rmission to construct dwelling with insufficient setback at closest point to road. Location of property: Broad- water Drive & Skunk Lane, Cutchogue, bounded on the north by Skunk Lane; east by Petrucci & Graham; south by Oak Drive; west by Broadwater Drive. 9:10 P..M. (E.D.S.T.) upon application of Joseph Sawicki, North Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: S/S North Road, Southold, bounded on the north by North (Middle) Road; east by J. Sawicki; south by F. Sawicki; west by RiO.W., W. Sawicki and others. 9:20 P.M. (E.D.S.T.) upon application of Wickham & Lark a/c Estate of Marie Vermaelin, 209 Blue Point Road, Oakdale, New York for a variance in accordance with the Zoning Ordinance, Section 280A Town Law and Article III, Section 100-30 and Bulk Schedule for permission to subdivide lots with insufficient width and unapproved access on two of the lots. Location of property: W/S Bay Avenue, Mattituck, New York, bounded on the north by George Snider; east by Bay Avenue; south by-William Hillman; west by Dist. 11 Boundary: Calabrese, Lerron, McAdams, Switsavage,' Clark and_?thers' Legal Notice Pg. 3 9:45 P.M. (E.D.S.T.) upon application of Stanley Sledjeski, 2760 Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30-31 and Bulk Schedule, and Section 280A of Town Law, to set off lot and access with insufficient length of road to give access to under- sized lot. Location of property: Southerly end of Sunset Drive, Mattituck, bounded on the north by Lots 48 and 49, Sunset Knolls, Section II; east by S. Sledjeski; south by S. Sledjeski; west by Sunset Drive Extension. 9:55 P.M. (E.D.S.T.) upon application of R. G. Terry, Jr., Esq. a/c Estate of Clement B. Donahue, Main Road, Southold, for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Tuckers Lane & Middle Road, Southold, bounded on the north by Middle Road (CR 27); east by J. J. Donahue Estate; south by Z. Helinski; west by Tucker's Lane. 10:05 P.M. (E.D.S.T.) upon application of Herbert and Ruth Rosenberg, Town Harbor Lane and Terry Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to separate out single lot. Location of property: Lot Nos. 17, 18, 19, Map of J. Overton, Southold, New York. 10:15 P.M. (E.D.S.T.) upon application of Thomas Duff, 34 Hunter Road, Manchester, Connecticut, for approval of access, Section 280A of Town Law. Location of property: North Hill, private road, (Crescent Avenue Extension), Fishers Island, New York, bounded on the north by Private Right of Way (Crescent Ave. Extension); east by H. Zabohonski (H. Walsh); south by H. Zabohons~i (Walsh); west by P. Nitze. Legal Notlce P~. 4 Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: August 29, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, September 5, AFFIDAVITS OF PUBLICATION TO THE MAIN ROAD, SOUTHOLD, NEW YORK. 1974, AND FORWARD TWELVE (12) SOUTHOLD TOWN BOARD OF APPEALS, Copies mailed to the following on August 29, 1974: The Suffolk Weekly Times The Long Island Traveler-Mattituck Supervisor Albert M. Martocchia Achilles & Marion Stachtiar~s Arthur H. Slattery Marion Ales Nicholas Brusich Eugene Mazzaferro Rev. Donald Brickley Joseph Sawicki Wickham & Lark Stanley Sledjeski R. G. Terry, Jr., Esq. Herbert & Ruth Rosenberg Thomas Duff Watchman LEGAL NOTICE Not&ce of Bearing Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town off Southold, Suffolk County, New York, a public hearLug will be held by the Zoning Board of A~peals of the Town of Southold, on September 12, 1974 on the following appeals 10~15 P.M. (E.D.S.T.) upon application of Thomas Duff, 34 Hunter Road, Manchester, Connecticut, for approval of access, Section 280A Town Law. Location of propertyl North Hill, private road, (Crescent Avenue Ext~nsion), Fishers Island, New York, bounded on the north by Private Right of Way (Crescent Avenue ~xtension); east by H. Zabohonski (H. Wslsh)~ south by ~. Zabohonski (Welsh}; west by P. Nitze. Any person desiring to be heard on the above appeal should appear at the time and place above specified. Datadl September 3, 1974 BY ORDER OF TM SOUTHOLD TOWN BOARD OF APPEALS PT-~SE PUBLISH ONCE September 5, 1974 AND FORWARD ONE (1) AFFIDAVI~ !OF PUBLICATION TO THE SOUTHOLDTOWN BOARD OF APPEALS, MAIN ROAD, iSOUTHOLD, NEW YORK. Copies sent to the following on September 3, 1974~ New London Day, New London, Connecticut Thomas Duff NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, ' Suffolk County, New York, public hearings will be held by the 'Zoning Board of Appeals of thc Town of Southold, at the Town Office, Main Road, Southold, New York, on September 12, 1974, on the following appeals: 8;1S P.M: (E.D.S.T.) upon ap- plication of Achilles and Marion Stachtiaris, Carole Road and Old Cove Boulevard, Southold, New York, for a variance in accordance with the Zoning Ordinance, Arti- cle 111, Section100-35A f6r per- mission to construct fence with excessive height in front yard area. Location of property: Carole Road & Old Cove Blvd., Southold, bounded on the north by Old Cove Blvd. (private road): east by H. Manis; south by Stafford; west by Carole Road (private road). 8:20 P.M. (E.D.S.T.) upon ap- plication of Arthur H. Slattery, Landing Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Ar- ticle 111, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Landing Road, Northwest Loop, Cutchogue, New York, Lot num- ber 273, Map of Nassau Point Properties. 8:30 P.M. (E.D.S.T.) upon ap- plication of Marion Ales, 329 Forest Road, Douglaston, N. Y. for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 C and 100-32 for permission to construct accessory building in front yard area. Location of property: Nassau Point Road, Cutchogue, Lot 71, Map of Nassau Point Prollexties. 8:40 P.M.(E.D.S.T.) upon ap- plication of Nicholas Brusich, Westview Drive, Mattituck, New York, for a variance in accordarice with the Zoning Ordinance, Ar- ticle Ill,section 100-30 C and 100-32 for permission to construct radio antenna mast of e)rcessive height. Location of property: N/S Westview Drive, Mattituck, boun- ded on the north by E. Smith; east by R. Fogarty; south by Westview Drive;west by Komosa &.Murphy. 8:50 P. M. (E.D.S.T) upon ap- plication of Eugehe Mazzaferro, Oak Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section t00-30 and Bulk Schedule and Article XI, Section 100-118, Sub. Sec. F for permission to construct dwelling on existing foundation with insufficient set- back. Location of property: Corwin & Eighth Streets, Greenport, bou- 'nded on the north by C. Flatley; east by Eighth Street; south by Corwin Street; 3vest by C. Hulse. 9:00 P.M. (E.D.S.T.) upon aP- cation of Rev. Donald Brickley, 75 Broadwater Drive, Cutchogue, New York for a variance in ac- cordance with the Zoning Ordin- ance, Article 111, Sec. 100-30 and Bulk Schedule for permission to construct dwelling with insuffi- cient setback at closest point to road. Location of property: Broad- water Drive & Skunk Lane, Cut- ' chogue, bounded on the north by Skunk Lane; east by Petrucci & Graham; south by Oak Drive; west b'y Broadwater Drive. 9:10 P.M.(E.D.S.T.) upon ap- east by- J. Sawicki; south by F. ' Sawicki. 'est by R.O.W., W. Sawicki J others. 9:20 {E.D.S.T.) upon applica- tion of Wickham & Lark_a/c E.s. tate of Marie Vermaelin, 209 Blue Point Road, Oakdale~ New York for a variance in accordance with the Zoning Ordinance, Section 280A Town Law and Article II1, Section 100-30 and Bulk Schedule ' for permission to subdivide lots with insufficient width and unap~ proved access on two of the lots. Location of property: W/S Bay Avenue, Mattituck, New York, bounded on the north by ,George Snider; east by Bay Avenue; south by William Hillman; west byDist. 11 Bou~dary: Calabrese, Lerron, McAdams, Switsavage, Clark and others. 9:4b P.M. (E.D.5.I.I upon ap- plication of Stanley Sledjeski, 2760 Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Arti- cle III, Section 100-30-31 and Bulk Schedule, and Section 280A of Town Law, to set off lot and access wi'th insufficient length of road to give access to undersized lot. Location of property: South- erly end of Sunset Drive, Matti- tuck, bounded on the North by Lots 48 and 49, Sunset Knolls, Sec- tion 11; east by S. Sledjeski; south by S. Sledjeski; west by Sunset Drive Extension. 9:SS P.M. (E.D.S.T.) upon ap- plication of R.G.Terry, Jr., Esq. a/c Estate of Clement B. Donahue, Main Road, Southold, for a variance to the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Tuckers Lane & Middle Road, Southold, bounded on the north by Middle Road (eR 27); east by J. J. Donahue Estate; south by Z. Helinski; west by Tucker's Lane. 10:0S P.M. (E.D.S.T.) upon application of Herbert and Ruth Rosenberg, Town Harbor Lane and Terry Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Arti- cle lit, Section 100-30 and Bulk Schedule for permission to separ- ate out single lot. Location of property: Lot Nos. 17, 18, 19, Map of J. Overton, Southold~ New York. ~ 10:lS P.M; (E.D.'~ff~.)upon application of Thomas Duff, 34 Hunter Road, Manchester, Cor~ necticut, for approval of access, Section 280A of Town Law. Location of property: North Hill, private road, (Crescent Avenue Extension), Fishers Island, New York, bounded on the north by Private Right of Way (Crescent Ave. Extension); east by H. Zabohonski (H. Walsh): south by H. Zabohonski (Wal~ p. Nitze. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: August 29, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS OF SUFFOLK k SS: : NEW YORK ~ ~.c,~ L c5 ":'- C~.::XtVhitn~y Booth;>'Jr., being duly sworn, says is the Editor, of THE LONG ISLAND R - MATTITUCK WATCHMAN, a public news- nted at Southold, in Suffolk County; and that ~ of which the annexed is a printed copy, has been in said Long Island Traveler-Mattituck Watch- week for ....(,~,,,:,..L~.~ ....... ~t..~i~..2.. weekS each ely, commencing on the .............. ~ ........................ .. ;.....::.i,...¢:?- ............... 19./.~./,~-. ........ ............ · ; , Sworn to before me this ........ ~.~ ............ doy of ,~ ....~.,¢ZL'..f. ......... 19..,~:,~ i~lotarg Public MEMBER OF AUDIT BUREAU OF CIRCULATIONS COVERING SOUTHEASTERN CONNECTICUT SINCE 1881 THE DAY IS NOT PUBLISHED ON NEW YEARS DAY LABOR DAY MEMORIAL DAY THANKSGIVING DAY INDEPENDENCE DAY CHRISTMAS DAY STATEMENT THE DaY PUBLISHING COMPANY NEW LONDON. CONN. 06320 TELEPHONE AREA CODE 203 443-2882 Town of South~old Main Street Southhold, N. Y. Legal L TO ASSURE PROPER CREDITING REMOVE TOp HALF OF STATEMENT AND ENCLOSE WITH PAYMENT. 1 0.78 ~9~B 15U ILL DATE NG OR[ RATE LIN[5 OR INCHES THE DAY PUBLI$I"JlNG COMPANY 6.93 17.71 TELEPHONE 203 443-2882 LEGAL NOTICE ' LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Low and the provisions of the Amended Building Zone Ordinance of the Town uf Seuthuld, 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, Southeld, New York, on September 12, 1974, on the following appeals: 8:15 P.M. (E.D.S.T.) upon application of Achilles and Marion Stachtiar[s, Carele Road and Old Cove Boulevard, Southold, New York, for a variance in accordance with the Section 100-35A for pem~soien to constru~ fence with excessive height in front yard area. Location of property: Carcle Road and Old Cove Blvd., Sentheld, bounded on the north by Old Cove Blvd. (private road); east by R. Man[s; south by Stafford; west by Carele Road (private road). 8:20 P.M. (E.D~S.T.) upon application of Arthu~ H. Slattery, Landing Road, Cutehngue, New York, for a variance in ac- cordance with the Zoning Or- dinence, Article Ill, Section 100- 30 and Bulk Schedule for per- mission to dJvide property with insufficient width and area. Location of property: Landing Road, Northwest Loop, Cut- cho~ue, New York, Lot No. 2?3, Map of Nassau Point Proparties. 8:30 P.M, (E.D.S,T.) upon applicatian of Marion Ales, 329 Fo~t Road, Donglasten, N.Y., for a variance in accordance with the Zoning Ordinance, Artiele III, Section 100-30 C end 100-32 for permission to construct ac- cessory buildjng in fi`out yard area. Location of property: Nassau Point Road, Cutcbogue, Lot 71, Map of Nassau Pelnl 8:40 P.M. (E.D.S,T.) upon application of Nicholas Brnsich, Westview Ddve, Mattituck, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 C end 100-32 for permission to construct radio antenna mast of excessive height. Location of property: N-S Wextview Drive, Mattituck, bounded on the north byE. Smith; east by R. Fngarty; south by Westview Drive; west by Komoea and Mue~hy. 8:50 P.M. (E.D.S.T.) upon application of Eugene Maz- eaferro, Oak Street, Gruenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Article XI, Section 100-118, Sob. SOc. F for permission to construct dwelling on existing foundation with insufficient setback. Location of property: Corwin and Eighth Streets, Greenport, bounded on the north by C. Flafley; east by Eighth Street; south by Corwin Street, west by C. Hulse. 9:00 P.M. (E.D.S.T.) upon application of Rev. Donald Brickley, 75 Broadwater 'Drive, Cotehngue, New York, for a variance in accordance with the Zoning Ordinance, Article HI, Sec. 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback at closest point to road. Location of property: Broadwater Drive and ~unk Lane, Cutchogue, bounded on the north by Skunk Lane; east by Petruecl and Graham; south by Oak Drive; west by Broad- water Drive. 9:10 P.M. (E.D.S~T.) upon application of Jeaeph Sewicki, North Road, Seuthold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: S-S North Road, Southeld, bounded on the north by North (Middle) Road; east by J. Sowicki; south by F. Sowicki; west by R.O.W., W. Sowicki and others. 9:20 P.M. (E.D.S.T.) upon application of Wick. ham and Lork a-c Estate of Marie Vermaelin, 209 Blue Point Road, Oakdale, New York for a variance in ac- cordance with the Zoning Or- dinance~ Section 280A Town LOw and Article III, Section 100-30 and Bulk Schedule for permission to subdivide lots with insufficient width and unapproved access on two of the lots. Location of property: W-S Bay Avenue, Mattituck, New York, bounded on the north by George Solder; east by Bay Avenue; south by William Hillman; west by Dist. 11 McAdams, Switoavage, Clark and others. 9:45 P.M. (E.D.S.T.) upon application of Stanley Sledjeski, 2?60 Ruth Road, Mattituck, New York, for a variance in ac- cordance with the Zoning Or- Hunter Road, Manchester, Connecticut, for approval of access, Section 2~0A of Town LOw. Location of property: North Hill, private road, (Crescent Avenue Extension), Fishers Island, New York, bounded on the north by Private Right of WayY Sworn, (Crescent Ave. Extension); east0.FFOLK by R. Zahohonski (H. Welsh); south by H. Zahobonski (Walsh); 't, in said west by P. Nitze. _~ appear at the time and place.~y Times above specified. ' Dated: August 29, 19~4 w~ks BY ORDER OF THE ' ' dinence, Article HI, Section 100- BOARD OF APPEAL~ ......... 30-31 end Bulk Schedule, end ~ 19 74. Section 280A of Town LOw, to set ~ ' ' ~ ...... off lot and access with in-~.~ sufficient length of read to give ' ' .~' ~' ~'~ ....................... access to under-sized lot. $ . .. ........ Location of property: Southerly end of Sunset Drive, Mattituck, · .. 19~. bo .unded~ on the north by Lots 48 enl149, Sunset Knolls, Section II; ~v.~. ..... ,/~_.~.kf~.~ ...... :~ ...... east by S Sledjexki; south b~' S ~JOSEPH S]edjexkii west by Sunset l~iv~ ..... NOT~B~ ~'U~L~ .~te .~ .l~w. Y~ ..... Extension. 9:55 P.M. (E.D.S.T.) upon application of R.G. Terry, Jr., Esq. a-c Estate of Clement B. Donahue, Main Road, Southold, for a variance to the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Tuckers Lane and Middle Road, Southeld, bounded on the north by Middle Road (CR 2?); east by J.J. Donahue Estate; south by Z. Helinski; west by Tucker's Lane. 10:0~ P.M. (E.D.S.T.) upon application of Herbert end Ruth Rnsenberg, Town Harbor Lane and Terry Lane, Southold, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 100- 30 and Bulk Schedule for per- mission to separate out single lot. Location of property: Lot Nos. 17, 18, 19, Map of J. Overton, Southeld, New York. · ~ 10:15 P.M. (E.D.S.T.) upon application of Thomas Duff, 34 No. 52-~36&335 Qualified in Suffelk Ceun~3/ Commission Expires March 30, 19 ..... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .. ~2'.~ .u.,~.% .2.9.,..,.I 9?¥ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .?..~..O.~.&...S...~ ....................................... of ..... ~.....,,~,~,.~e.z....~..°..&..~ ................................... Name of Appellan~ Street and Nur0ber 060~+0 F~.nche stet Corm ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... .~..~..~..~.,~...,...l.~....,j.~..?..~. ..... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) L. C. ~9y..1..e.... ~.. ~...q~....%~..~ >./.~.. ~.g.8 .. D.'~.f. f ........... Name of Applicant for permit of ......................... Fishers I .s..t..~..d.. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY permit to b~ild one family dwelling 1. LOCATION OF THE PROPERTY S/S ~resoen% Ave Exten%zon ' ................................................................. .k~..v..% ..~.:..o..:.~/.....)......' x,' dist Street Use District on Zoning Map ~North Hit!~ -not filed ~' , ~ Zbs~e_ S T ................................................................................. ~s-, anm Iv~aD No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Sectior., Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Town Law section 280A su7~ section 3 3. TYPE OF APPEAL Appeal is made herewith for ( ) 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 ~ (ha~ 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 ...................................................................... ) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that: kfy building q o¢ is on a private right of ~-~- beyon~ the to~a road maintainace of Crescent ave.~ ~ishers ZSlan~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practica] difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shored by oil properties alike in the imraed[ate vicinity of this property and in this use district boca:use 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because s~j~t pr~erty ~ STATE OF~ COUNTY OF~4~ Signature Sworn to this ........................ ~i~ ................day of .........S~p~s.~ ......................... 19 ...... ............ ~otory P~'~'i~ ' ' ~'~"~' SEPT. 7, 1974 I~C~ESTER, CONN. 06040 MR. HOWAR~, TERRY, BUILDING INSPECTOR TO%~ OF SOUTHOLD SOUTHOLD N.Y. 11971 DEAR MR. TF~RIIY, AS PER YOUR LETTER OF AUGUST 29, 1974, IAM FORWARDING THE COPIES OF APPLICATION TO TIlE BOARD OF APPF~.LS FOR APPROVAL OF ACESS AND ALSO ENCLOSED A CHECK IN THE AMOUNT ~ $15.OO TO CO'~l~ C0~T. C Southold Town Planning Board SOUTHOLD, L, I., N. Y, 11cj71 PLANNING BOARD MEMBER8 John Wlckham, Chairman Henry Molsa Alfred Grebe Henry Raynor Frank C,o¥1e September 5, 1974 Mr. Robert Gillispie, Chairman Southold Town Board of Appeals Town Clerk's Office Southold, New York 11971 Dear Bob: The Planning Board would like to bring to the attention of the Appeals Board the fact that Henry Zabahonski (Walsh) has withdrawn his proposed subdivision on Fishers Island and that Mr. Duff, the present owner of former lot #25 on that proposed subdivision, has met with this Board in an effort to obtain a building permit on this parcel. Stanley Corwin, Esq. also attended our meeting and informed this Board that Mr. Zabahonski had informed him that he would meet the requirements of Section 280A of the Town Law. He also informed us that Mr. Zabahonski is interested in presenting a multiple residence petition on this property. This Board feels that in accordance with past practice a "casual sale" can be granted a building permit if access is acceptable. Access in this case is not acceptable and I enclose copies of letter from the Superintendent of Highways on this subject. Beyond this it would appear to me that this "casual sale" is open to question since Zabahonski has stated his intention of making a multiple residence petition. It would seem to us that a twenty foot crushed stone base plus paving as suggested by our engineers would be a reasonable condition under these special circumstances. JW/mb Enclosure Very truly yours, ~.~ohn Wickham, Chairman . ~z.~L~ Southold Town Planning Board October 4, 1974 Mrs. Thomas D. Duff, Jr. 34 Hunter Road Manchester, Connecticut 06040 Dear Mrs. Duffs In response to your letter of September 30, 1974 addressed to Mr. Howard Terry, wb~ is away, we have received the corrected copy of your Deed dated the 25th of September, 1974 between Henry M. Zabohonski and Annette M. Zabohonski, his wife, both residing at Crescent Avenue, Fishers Isl&nd, N. Y. and Thomas D. Duff, Jr. and Elaine G. Duff, h~s wife, both residing at 34 Hunter Road, Manchester, Connecticut. This letter will acknowledge receipt of the Deed and compliance with Condition No. I of the Board's action dated SeptAm~er 12, 1974. As you know, a further condition of this action requires that the right of way to your property shall be suitably improved, subject to the approval of the Building Inspector. Yours very truly, RWGzmm Robert W. Gillispie, Jr. Chairman O Standard N.Y.B.T.U. Form 8004-8-03-Quitclaim Deed-Individual o~ Corporation (sin$1e sheet) :ONSULT YOU~ L&~/YEI I[ll~l~ M~NIN~i~ 14$TIIMMINT~NIS [NSTI~MM4T S~JU) BI ~JSIID IY/.~/TII~ ~Nl,V no stamps ~equired; cons less than $100- THl~iND~iTUR~madethe 25th dayofSeptember , nineteen hundred and seventy-four, ~ Henry M. Zabohonski and Annette M. 7, abohonski, his wife, both residing at (no st. #) Crescent Avenue, Finher~s Island, N6w York, party of the first pa~ and Thomas D. Duff, Jr., and Elaine G. Duff, his wife, both residing at 34 Hunter Road, Manchester, Connecticut, pa~ty of the second part, V~TNE.q~ETH, that .the party of the first part, in co .n~d~tion o.f Tea Do .11~ .i~.~by .the pal~y O! the __s~o_nd~ part, does hereby rem~se, release and quitclaim unto tl~ party of the ,econo p~z, me ~e~ra or assigns of the party of the se$ond L~rt forever, · ~rac~ AIA. that certain ~ or parcel of land, ~ the buildings and hnpcovement~ thereon erected, situate, lying and beingiS~ at Fishers Island, Town of Sou!hold, County of Suffolk and State of New York, b~ing bounded and described as follows: Beginning at a monument on the southwesterly line of Crescent Avenue at the dividing line between the herein conveyed tract and land now or formerly of Peter Nitze, said monument being located 6052.92 feet north of a point which is 2398.19 feet west of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS", and thence running eouth 4° 14'30! west, 240 feet to a monument; thence north 85°45~30" west, 45.36 feet to an iron; thence south $°15~30" east, 38.81 feet to a monument; thence south 85°50~ east, 141.66 feet; thence south 85030'30" east, 60 feet; thence north 4030' east, 250 feet to said Avenue line; thence along said Avenue line, north 65°30~00" west, 79.31 feet; thence along said Avenue line, north 69°15!30" west, feet to the point of beginning. TOGETHER with the right, in common with others, to pass]and repass for purposes of normal ingress and egress from the northwesterly corner of the above described premises easterly and then Southerly to Fox Avenue over an existing 50 foot right of way known as Crescent Avenue. SUBJECT to any state of facts an accurate survey might show, and to covenants, restrictions, easements, agreements, reservations, and zoning regulations of reco~'d, if any. This is a correction deed given to correct the original conveyance made by and between the parties, to wit, Henry M. Zabohonski, et ux, to Thomas D. Duff, Jr., et ux, dated June 15, 1974, recorded August 6, 1974, in the Suf- folk County Clerk's office, liber ?689 of conveyances, page 141, wherein the easement for ingress and egress following the metes and bounds description of the premises conveyed was omitted; this quit claim deed is given to cor- rect that omission, as hereinabove set forth. TOGETHER with all right, title and interes$, it any, of th.e part~ of the ~st~r~.+of~,~m .and t~o any streets and roads abutting the'above.-des~ribed premises to the center lin? the?o{; and all the estate, and ng.hts of the party of the first part m a~.a to HOLD the prermses hereto granted unto the party of the aecooo part, the heirs or successors uno ass!gns the party of the second part for~ver. AND the party of the first part, in compliance with Section 13 o{ the. Li.e~..La, w., .here.by. covenant, s that.the pa,rt.y of the first part will receive the consideration for this conve]ance., aha wm hold. the r)gla to recewe s,ucn..c, ons~?- eration as a trust fund to he applied first for ~ pm'pose at pa..y~g the. co~t at the.~..m .ve~..t .~.? wm ap~ly the same first to the payment of the cost of the nnprovemeat be!ore using any part at the totm o! me same or any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN wrrNE~ WHEREOF, the party of the first part has duly executed this deed the davy and year,rs! above written. ~ f \ k ~ ~ · 'L/ ~ .- ~ ,? .. , Annette M. Zabohonski S~AT~-'~F NEW ¥ORg. COUNT'/ OF SUFFOLK) On the~,~:w day of September 1974 , beforeme personally came Henry i~I. Zabohonski and Annette M. Zabohonski to me known to be the individual s described in and who executed the foregoing instrument, and acknowledged that they executed the same. Nota~l~ 1~ublic, State of New yoxk No. 52-0028880 Qualified in Suffolk Co~W T~zm expkes Maxch 3~ STATE OF NEW YORK, COUNTY OF On the day of 19 , before?e personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation de~crlbed~ in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK** COt~ll~ OF On the day of personally came 19 ,before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF blEW YORK. COUNTY OF SS: On th~ day of 19 , befo_re me personally came -.the subscribing witness to .th.e ~foregoing instrument, with whom I am personally acqnaintec!., who:.bcing.by me duly ,sworn, did depose andsay that he reslaeS at No. . that he knows to be the individual described in and who executed the foregoing instrument; that he,. said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time Subscribed h name as witness thereto. TG TITL~ NO. 1284854 Henry M. Zabohonski et ux TO Thomas D. Duff, et ux STANDARD FORM OF NEW YORK BOARD O1: TITLE UNDERWRITERS Distrlb~ted by GUARANTEED TITLE DIVISION SECTION BLOCK LOT "co~,~'rv 0z Tow~ of Southold Re(ordeal At i~qu~ o/American 3Fitle Insurance Comlmny RETURN BY MAIL TO: John D.~ LaBelle, Esq. LaBelle, Rothenberg & Woodhouse, 843 Main Street Esqs. Manchester, CT 06040' Zip No.