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HomeMy WebLinkAbout1239 ACTION ~ 'r~ ~G ~n OF ~ A~ No. 1239 Da~ A~OH OF T~ ~G ~D OF ~ OF T~ TO~ O~ ~HO~ ~nd ~tos, To 671 W. 162 Street N~ ~York, New York Appellant at a meeting of the Zoning Board of Ap, pealson Thursday, May 15, 1969 was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to pr~pecty ( ) Request for a special exception under the Zonin~ Ordinance ( ) Request for a variance to the Zoning Ordinance the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a aVecial exception ( ) be ~ranted ( ) be denied p,ursuant to Article ................... ~ Section .................... Subsection .................... paragraph .................... o/ the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be cenfinned because 'Upon ap~lickti°n ~f Armand Bartos~ Jr., 67~ W. 162 Street, New York, New. York, for approval ~f access in acc6rdance wi%h the State Of New York Town Law, S~ction ~280A, o~e.r thefollowin9 described right of way. uocation of property:'north s~d~ Main Road, ~ast Marion, New York bounded north by land now or formerly of D~ Tuthi11, east by lands of I. Latham~ Cook, and others, south by MainRoad, west by K. Schafer. 2. VAHIAN~. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical fltet'lcoltias hardshiv because or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all propertie~ alike in the immediate vicinity of this property and in the same u~e d/strict because (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) chan~e the character of the district because (would not) SEE REVERSIg 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. FORM ZB4 After investigation and inspection the Board .findus that the -.~pplicant requests permission for approval of access over a .private right of way. Th~s access has been in exist=ce for .many y~ars, however in order for the applicant to ob~n a buil-ding permit; he must have approval of access from the Board of Appeals. It is the opinion of the Board of Appeals that to deny this application would ':be' to deny the applicant the use of his land. It is a condition this approval that the property in question shoul'd be used as one single building lot ~nd o~ly one s~gle family dwelling shall be erected on this property. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship' created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the district and will observe the s~irit of the Ordinance. TH~P~F~E~ IT WAS ~SOLV~D Armand ~artos~ Jre~ 671 Wo 162 Street~ ,New York~ New York,'be ~ranted approval of access in accordance w~th the State of New York Tow~ Law~ Section 280A~ on broperty l~cated north side Main Road~ East Marion~ New York,.as app!i~d for~ s~bjec~ to the condition set forth abOve. COUNTY OF SUFFOLK STATE OF NEW YORK ISS: NOTICE OF HEA~INGS Pursuant to Section 267 of the Town Law and the provisions of the amended Bulldin~ Zone Or- dinance of the Towll Of Sonthold, Suffolk County. New Y6rk, public hearipgs will be held by the Zon- ing Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on April 24, 1969 on the following appeals: 7:30 P. M. (EST), upon appli- cation of Antone Sepenosk~, Jr., Main Road, Orient, New York, f~r a special exception in accerd- ance with the Zoning Ordinance, Article III, Section 300, Subsec- tion 10, for permission to erect 4 ft. by 6 ft. sign on property of Stanley Rutkowsld. Location of property: north side of Main Road, East Marion, New York, bounded north by Village of Oreenport ~'ate~ District, east by A. L. R. l~ranctsco, south by MslnRoad, west by right-of-way. '/:45 P. M. (EST), upon appli- cation of Armand Bartos, Jr., 6'/1 W. 162 Street, New York, New York, for approval of access in accordance with the State of New york Town Law, Section 280A, ' over the following described pri- vate right-of-way. Location of property: north side Main Road, Emt Marion, New York~ bounded north by land now or former/y of C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MA-CYITUCK 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 Traveler-Mattituck Watch- man once each week for ...~,,..~.;.~,~.~, ....... x..l ........... week,,g' successively, commencinfl on the ............. ././..?... ............ Sworn to be{ore me this ....... ~.) .......... day o~ D. Tuthi]l, east by lands of I. Latham, Cook, and others, south by ]urni,n Ro~I, west by K. Sehaf- er Estate and others. 8:00 P. M. (EST), upon appli- cation of Hedvig P. Terry, Hor- ton's Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 309, and Article X, Section 1000A, for permission to use lobs 28 & 29, 26 & 2'/, 30 & 31 as single and separate lot~ with less than required area. Location of property: west side Mary's Road, Mattituck, New York, lots numbered 28 & 29, 26 & 2'/, 30 & 31 on Map No. 5~/ of Garden Heights, Mattituck, New York. Any person desiring to be heard on the above appUcations should appear at the time and place specified. DATED: APRIL 3, 1969 BY ORDER OF ~. SO1J'~rOLD TOWN BOARD O1~ APPEALS LEGAL NOTICE Notioe of Hearings Pursuant to Section 267 o£ the /rigs will be 'held by the Zoning 7:30 P.M. (E.~.T.), upon applica- ,~a~ Zrding OrdnanCe, Ar~iele III, I2oca,t/on of property: north s~de oi ~Iaii~ l~oad, East Marion, New York; ~ right-of-way. 7:45 p.M. (E~S.T.), upon ~pplica- I,f~r .approval of access m ~c~..rd,- lance with t~e State ot New xor~ 'Town L~w, Sectiol~ 280A, over the ~ollow/r~g descrilbed private riEht-of- way. Loat/o~ Of property: north ~/de Math l~ad, East Marion, t~Iew york; bounded no~h by land r/ow or /ormerly of D. To, thill, east by lands oi L Latham, Cook, an:~ oth- ers, south ,by Main Road, we~t by R. Schafer Estate and others. 8:00 P2&. (E~s.T.), upon appllca- t/on ~ Hed~tg P Terry, I~rton's Zoning Ordinance, Article III, Sec- ~000A, for permissiDn to ~se lot~ 28 & 29; 26 & 2~; 30 & 31 as single 26 & ~?, 30 & 31 on Map No. COUNTY OF SUFFOLK, ~ STATE OF NEW YOIII~, ~ ss: J .... :.'~. - .*- ~ .~-j~ ~.*,'.. ~ .~ :~ Y ~ ;5? 7:.. being duly Sworn. says that .. :~. ~, is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a news~per pubtish~ at Greenport, in s~d county; and ~hat the noti~, of which ~e ~e~d is ~ printed ~py, ~s been published in the said Suffolk Week~ Times once in each week, for ...... {FT~.~ ~ .............. week~ successively commencing on the . .~..~t:~ ~.q4_;~ .~ ...... d~y of ~ ~ ~ ...~ .~/~: ....... 19.~/. . ....... Sworn t0 before me this ..~3...,....I uay of .... ~s.f~.v./. ....... ~9~.7.. ~ C 0 ~F,ORM ~NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTI~F-NT TOWN CJ.,~EK'S OFFICE SOUTHOLD, N. Y. Examined..~..~..~.. .... 19..~. / Approved .......... ff..~, ..... ,19 .... Permit N.o .................... D,=~,~ .... /~ ......... "0" '0/V .......................... (Building Inspeetx~r) ( Application No ................. APPLICATIOi~ FOR BUILDING PERMIT Date ............. .~..~.~. f.~. .... .~..-'~.,, ..... 19.~..? INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing l~cation of ~at and :~ buildings o n premises, relationship to adjoining premises or public streets or areas, .and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may n~t be commenced before issuance of ]~uilding Permit. d. Upon approval of this application, the Building In spector will issue a Building Permit to the applicant. Such permit shall be kept .<m the premises available for inspection throughout the progress of the work. e. No building shail be occupied or used in whole o~ in part for any purpose whatever until a Certificate ~f Occupancy shall have been granted by the Building Inspecix~r. APPLICATION IS I-m~Y MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of S~athold, Suffolk O~unty, New York, and other applicable Laws, Ordinances or Regulations, for the construction <~f build ings, additiofls or alterations, or for ten, vel or demo- lition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations. ...... .............. .... (SignatgtYce ~f applic~K,/~l~ name if a corpo a ' ) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or If applicant is a corporate, signature of duly authorized (ffficer. (Name and title of corporate officer) 1. Location of land on which proposed w~)rk will be done. Map No ...... )~ ......... Lot No .... ~ ........ / Municipality 2. State existing use and occupancy ~f premises an d intended use and occupancy of proposed construction. O 3. Nature of work (check which applicable): New Building /~ ........ Addition ........ Alteration ........ Repair ......... Rome/al ........ Demolition ........ Other ]~Terk (Describe) ...................... 4. Estimated Cost ..... ~:~,; ......... , .............. ~ee ........... /. ,.~. y. ............................... (to be paid on filing this application) 5. If ,dwelling, number of dwelling units . ~../~.~... Number of dwelling units on each floor .. ~..~.--~ ...... If garage, number ~f cars ..... ~..~.t~.~a' ............................................................. 6. If business, commercial ~r mixed occupancy, specify nature and extent of each type of use . .%. .......... 7. Dimensions of existing structures, if any: Front ..... ~ ...... Rear .... ~ ...... Depth .... ~ ........ Height ..... ~ ........ Number of StOries .... )~ ....................................... )~'i ....... Dimensions of same structure with .alterations or additions: Front .~ .. Rear ............ Depth ...... ~ ........ Height ...... ~ ........ Number of Stories ...~. ................ ... ~/ 5'q' 8. Dimensions ,of entire new construction: Front ...... ~?../. ..... '. Rear ~., ......... Depth ............ Height .. ~../f. ..... Number of Stories 0 4/~ 9. Size of ~ot: Front ....~i~¢. .... Rear ...~.~..~ ..... Depth .... ~]~..'~. .... 10. Date of Purchase ...... ~.q/. ~..~. .................. Name of Former Owner .~//.~./..Y.~.?... ~,.. ?.~..7'../¢./.~.~.. 11. Zone or use district in which premises are situated ..... ~. ~ ........................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ...~/.~. ................... 13. Name of Owner.of premises/4,. ~/~/~ ~.4.3'. .~.~,. Address .~..F./~.. ~.¢/~ff...~.!.7'~ rhone No...; ........ Name of Architect .......... 7..- ....: ........... -~ddress ' Phone No...~. ........ Name of Contractor ......... ~C..Al../'/4~ ........... Address ...................... Phone No ............ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give sweet and block number ~r de script$on according to deed, and show sweet names and indicate whether interior .or corner Sot. STATE OF NEW YORK, COUNTY OF .............. ) .......... ~].ff~.~.....~..~./.~.~?...~../~, .............. being duly sworn, deposes and says that he is the appli- (Name ~)f individu.al signing application) cant above named. He is the ................ ~/k. T .... d...~....~.~W.~.~ ................................... (Oontractor, agent, ec~rpovate officer, etc.) of said owner ov ,owners, and is duly authorized to perform or have per$ormed the said w~k and to make and file this application; that all statements contained in th is application ave true to the best of his knowledge and belief; and that the work will be perbx~ed in the mann er set fort~ in the application filed therewith. Sworn t~ before me this ,~ ......... ~.-x~cc,'.~':,.,'..~--~.,,y ~., ................ Nc~tary Public, .................... County d"4/~ ~'--(Siguture 9f,~lfqSlicant) r ' ~~ / ~ARY PUB[PC, Sate of N-w Yor~ ~erm Expires March 33, 19~ O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ^PP L NO. I073 DATE ......... Name of Appella,nt Street and Number .~..q..~'....~.o.~.~ ..................................................... ..~.A .~.~ ............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDINC~INS)~ECTOR ON // APPLICATION FOR PERMIT NO ..................................... DATED .............. ~.~..J.~./_ t.,d/....~. ............. WHEREBY THE BUILDING INSPECTOR DEN ED O k Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) r~,~7~ ~tZ~ 1. LOCATION OF THE PROPERTY ...~.~.OD.O...X'~....~JD~.~..D.~..,P~J.~..~,...~t~JL~...~Z'~,QD, Street Use District on Zoning Map .... .~..A...~.....1~... ~.~l.~.n ~.~.a..~.. ~r,,.4...,~cJ,~t,.1,~.u~al Zone 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 Ordi.nance.) /teo~on 280A of the Town La~ 3. TYPE OF APPEAL Appeal is mode herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Mop 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 Jjl:ll~ (has not) been made with respect tothis 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 is requested for the reason that 1~0 so ~ha~; a bu~ld~n~ perm~'~ w'~ll be ~ssued. ~'orm Z]31 (Continue on other side) REASON FOR APPEAL O O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- san/HARDSHIP because X we-'l], be l~ab3.e to ob~;mJ, ll & bll~.ll~.l~ pel~.t ~0 have ~ one famAly 4welling on this property boo&use of ~he nam~w RXgh~-of-Way. 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 for .abou~ 16Q0 fee~o, and a 83 f~. Right-of ~ay about ~80 fee~, This Imkos a v~Xanoe nooeesa~yfcr only &bou~ ~80 feet of the 2000 fee~ ~ha~ I .,m away from ~ute 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because T aa ~he ].~,l~o]~leez' t~--~e~' Ool~;~,&o~ ~o dwellt~. STATE OF ~EW YOP, J~ ) cO~N~ 6~~ ss :. . ........... ........... : ............ i~;;;:;;;': ............................... ......................,./.. ~ ......... ~...~.~.U~.~..~.,..No~aW Public, Stste of New york Y /N~o~ Public qua~. in N. Y. Co. r4o. / Ce~. fi~ed with ~. Y. Co. CI,~. ~erm Exgires March 30, ~971 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L_.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 TO: FROM: DATE: SUBJECT: Vic Lessard, Administrator Building Department Jerry Goehringer January 31, 1983 Armand Bartos Right-of-Way - N/S Main Road, East Marion Appeals No. 1843 and 1239 Pursuant to your request of January 21st, please be advised that we have inspected the right-of-way in question, which has been the subject of a minor subdivision before the Planning Board since May 17, 1982. It is our recommendation that this right-of-way: (1) at the 8.25 width be leveled with a 2" mixture of bankrun and gravel to bind and consolidate existing materials; (2) at the 16' width, be cleared to a minimum width of 12 feet; (3) at the 16' width, be leveled with a 2" mixture of bankrun and gravel to bind and consolidate existing materials~a width of 12 feet; (4) the potholes be filled; (5) the entire length of the right-of-way should be cleared a height of 12 feet. ~/15/69 10/11/73 Mr. Bar,os received approval of ac . (#1239) provided land remains as a single building lot with one single dwelling. Bartos received ZBA 280-a conditional approval of access. (#1843) Conditions: One single buildinc lot and no subdivision. 6/30/81 - Mr. Fisher gave Disapproval for application on C/O for lack of Plannin~ Board approval for subdivision of merged lots. 5/10/82 - PB granted a set-off on subdivision application with conditions on improving the private riqht-of-wav. 6/17/82 - Mr. Bartos filed Covenants and Restrictions on Subdivision 8/4/82 - Plannin~ Board requested John Davis' inspection of ri~ht-of-wav Der someone's request 8/5/82 8/17/82 Mr. Hindermann cave Notice of DisapProval on application for vacant land C/O due to noncompliance with PB 5/17/82 action. Mr. Davis submitted comments about improvement of ri~ht-of-wa¥ and conflict if any Der complaint from neighbor about sand. 8/24/82 PB notified William Price for Mr. Bartos that this matter about right-of-way was within iurisdiction of ZBA rather than pB. ZBA received copies of resolution and Mr. Davis' right-of-wav report. ZBA office awaited application for variance for aDprova] of access. (1973 approval of access was granted with two conditions, one being no subdivision of the premises. ZBA office does not know how Mr. Bartos wants to handle this problem resulting from the 1982 subdivision concerning the 280-a.) TO.tN OF SOUTHOLD, NE~' YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. ].843 Dated Auw~st 22, 1973 ACTION OF TI-CE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Arsenal Bartos, Jr. Private Road East b~rion, New York 1973 Appellant at a meeting of the Zoning Board of ~Appeais on October ll, 1973 was considered and the action indicated below was taken on your ) Bequest 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 ~) Approval of access the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it -was determined that a special exception ( ) 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 9:00 P.M. (E.S.T.)~ upon application of Arsenal Ba~tos, Jr., Private Road, East Marion~ New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property~ north side ~in Road, East b~rion on right of way bounded east by F. Cowan and others west by H. LongS bounded north by De Nicolas esot by right of wayS south by I. O. Latham! west by George Cook and others. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (wonid not) produce hardship because practical difficultfes 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 /n the same use district because SEE HEVERSE (c) The variance (does) (does 'not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVEHSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ) be denied and FORM Z~4 ZO~NG BOA/ID OF APPEAL~ N~rJorie MoDer~ott~ Secretary After investigation and inspection the Board finds that applicant requests permission~ use access on property located on the north side of ~h~in Road, East M~ion. The findings of the Board are that applicant purchased Parcel ~o. Two in April of 1969. He received approval of the Board of Appeals for access on May 15, 1969. A condition of this approval was that the property in question should be used as one single b,,ildir~ lot axxd only one circle family dwelling al be erected on this property. However, in January or Febxn~y of 1970 applicant purchased Parcel No. i comprising 1,705 acres. The Board finds that the access in question is 8'3" Applicantts total acreage is 6.673 which includes Parcel No~ 2 (4.968 acres) and Parcel No. 1 (1o705 acres). Tho Board finds that strict application of the Ordinance · would produce practical difficulties.or unnecessary hardship; the h~dship created is unique and,would not be shared by all . · properties alike in the immediate vicinity of this property and in the same use district~ and the v~riance will not change the character of the neighborhood, and ~ill observe the spirit of the 0rdina~ce. THEREFORE IT WAS RESOLVED, Armond Bartos, Private Road, East Marion, New York, be GRANTED approval of access, as applied for, on property located on the north side of Main Road, East Nation on right of way bounded east by F. Cowan and other ! west by R, ~or~ bounded north by De Nicola~ east by right of way[ south by I. C. Latham[ west by George Cook and otherst subject to the following restrictions s l. A condition of this approval is that there 8ha~l be no further division of property now or in the future of the diminished lot that will result from selling the property under application, which is irregularly shaped and divided 150' on the right of way and 310' in depths comprising approxi,~tely 1~ acres. The applicant is restricted to selling his property for a single family dwelling, and ~he property rem--,ining to Mr. Armond Bartos shall continue to be used as a building lot with a single family dwelling unless suitable access is obtained. Vote of the Board~ Ayes~- Measrs~ Gillispie, Bergen, Hulas, ~rigonis, Doyen. lm mmm~ l~m diffim~ m in Wo mmmM ef ~Bo pmgmm ~m come ie 4~0o0.00 plum em mo ~Bo dfmm ~ tm mummm m oO fm pm ~m mdmo ~ ]ofm Idmm em mmo ~ ~0 fm pm em ~ m%m ~m m m mm ~m~ ed~mm~ ~ m dd41 m m, m mm ~ l~m~m~ ~ m ~m~m ~m ~m m ~qd~mm m ~mm m m mm~h~mmm ~ C May 29 ~ 969 Mr. Floyd King, Main Road Orient! N.~~, Broker Dear Sir; The Board of Appelas has approved the requlsted access to Mr. Armand Bartos lot on the private road off N/S Ma~n Road, East Marion. The official notice of same to Mr hartos will be signed at the regular Board meeti~g tonight and ~ai2ed out to him some time the first part of next week. As far as this office is concerned the approval has been given~ and Mr. Z~artos can procede to establish his one family dwelling at any time he wishes~ Yours truly Building Inspector I$'~ .~ISllr 8F IFil}' 220. 3~ I c, C. £ook~ ~ ~o. T /OW ~, N.Y.