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HomeMy WebLinkAbout1459 31 M41;-h a " f- I q- �;Peclaj 1, jam Aor n 6-L� 3� peArM llg�i M lw, dyac�., wifvivi'Lon ic� i n tk(j-v r&LA et m o, as fi 14e,(em 3 i Bim Dolp)i(-n Mofcl SIA fty-� 0—t Bllr� rL�b//�K/iv P�d�a✓fy -3� SPTNTHOIJRAKTSa ATHANASTOS 0696 jg6 — �/4 and HELEN July 23 , 1964 f Main Road Page 4 East Marion, new York DENIED permission to convert a building into a two-family dwelling on SW Corner of Main Road and Orchard Lane, East Marion, New York. a. e, y x- . - x:%.—.:.c_ a e TOWN OF SOUTHOLD, NEW YORK DATE ..`.'.e.p.....'. 30, 1971 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1459 Dated August 301 1971 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Anthanasios & Helen Spinthourakis Appellant Main Road East Marion, New York at a meeting of the Zoning Board of Appeals on September 30, 1971 the appeal 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 (X) Request for a variance to the Zoning Ordinance 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: 15 P.M. (E.S.T. ) , upon application of Anthanasios & Helen Spinthourakis, Main Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, and Article III A. Sections 357 & 358, for permission to maintain motel units and buildings with insufficient side yards. Location of property: south side of Main Road, East Marion, New York, bounded north by Main Road, east by A. G. Doyle and other lands of applicant, south by G. Arbold & Others, west by R. Peterson & Others. Fee paid $5.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because 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) (would not) change the character of the district because SEE REVERSE 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. SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 �CA1 , I°�.a , } , ,Karjorie McDermott, Secretary 1 After investigation and inspection the Board finds that applicant requests permission to maintain, motel units and buildings with insufficient side yards on property located south side of Main Road, East Marion, New York. The findings of the Board are that the building under application was erected over fifty years ago and was used for apartments when the property was purchased in 1957. The entire area has been zoned M zone. The Board, therefore, is ib agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is uniquer 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 neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Athanasios Spinthourakis & Helen Spinthourakis, Main Road, East Marion, New York, be GRANTED permission to maintain_ motel units and buildings with insufficient side yards on property located south side of Main Road, East Marion, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. @� elpe—y, If 71 ...,.1 Bot.icf' "~-3- Matheta. 8r_1. .....t .'t1y Deep ZiOle Creek. ':00 P.l4. (E.D.S.'l".). upon awl1cat.:l.on of DeD1el OI.1att'an, fhmftyat_ 1\ca4, 8Qltho14, .., Yoz'lt, fOS' . "ad.ace 1ft 4lCCOrdaDce wtth the 2'.-1Il9 o.<ltM~, Article 1;11. Sect10n 103, u4 Article x, ~t1_ 100M, !OJ!: pant..ton t.o d1d_ propa:1:y u4 ..t. off 10\ ...ith 1... than U, 500 ~. ft. of uq lUllS 1... thee 100 ft. 1.I'ootap on '1'GIm Road. LocaUon of pa'opM:t.)"l DOZ'tb elAll of S....y- .1de a0a4, southo1d., gew YOS'k, bowtde<S DO&'th by ~ lu4 .of the appl1clU\t, ..." 0'.( other 1ud of the lI'lpU,catrt, south b Sunnyaide Road. ".,..1: by Peter Orattall. t.15 P.M. (B.D.S.T. t, UJlCIIl appl.iA:aU.on of AGt...--toe " Helen sp1n~lo. MaiD ilca4. ~ Hu'1oh. HeiW YOI:k for .. "al'1&nc:e 1n lIICC.ordas:lCe with t1le ZC8.la9 OI;d.'Mrr.~e. ArUcle III. section 301. an4 ArU.cJ.e 1.11 A. s.eat.i0n8 357 .. 358, fOS' pend...i_ 1:0 _1aUD IlOte1 uniu and. bull41ft98 with 1ne\lff1c1ent aide yaJrd8. LocaU_.of pz~rtYI south 8idle of _in aOll4. &Nt; Mu'1on, .... Yodr.. bouDded north by *18 Iload, aut by A. G. OOyle and other 1a..- .of t.bo applkant. south by G. AzDo1d .. other., wast 'by R. Peters. (. otbws. 9110 P.M. (E.D.S.T.). upon appl.iA::at1Cllll .of aayv1ew De'Ml.~ At Corp. <Vb/a V1ctoda Motel and Cott..,;ea. BayY1ew Road. South.old. .... York. fo:c . apoc1a1 exc:opt.1on in ~...- with the <1OD1a1jJ Olr<l1oence. Artkle 111 A. ~1on 350. &Wil...ct.1oIl S. foJ: pem1a.1on 1:0 ...1\4 ex1etini ~1M. .Loca'tion of property. eoutb 8i_ .of NOTICE OF HEARING 8:45 P. M. (EDSTI, upon <tp~ plication Theodore Chrlstian-':':" Pursuant to Section 267 of the" '800, 9 ~ ey Aven.ue, stat.en':l6:,' Town Law and the provisions, of . .\ 'Jsland. New York. (or a variance::'.,:! the amended Building Zone Or- 'JD accordance with the Zoning,: dinance of the Town of Southold, ..:Ordinance, Article III, Section~ Suffolk County. New York. pub- 103, and Article X, Section lOOOA,... lie hearings will be held by the )'for permission to divide pl'operty,tH Zoning Board of Appeals of the" and create lots with less than'~-l Town of Southold. at the Town {':t, 100 ft. frontage. Location of Office, Main Road., Sout:-told, '}J~-i:Property: west side of Del:'p Holt>: New York, on September 30. 1971 \ f "."i:'t'JPrive. Mattituck, New Yotk""~ on the following appeals: 'l;lwJtound~ north by Yolanda R?l,./;\ 7:30 P. M. IEDST), upon ap- -~"if'bins. east by OE'ep HolE' Dn\'t'~"':2", plication of Alice M. Burden,'- __ -__0: ~_',fOuth by Mathaias Brewi. \\t?stlq:-. Orientl New York, for a variance,.,' ','~.,by Deep Hole Creek. . -fl.l. -" in accordance with the Zoning -;.'....i 9:00 P. M. IEDSTl. upon ap _ Ordinance. Article III. section ':j., .plication of Daniel Grattan. sun.fi.j 303, and Article X. Section l000A. f ~ nyside Road, Southold. Nc\\~ for permission to divide property _ ~ York. for a variance in ;lcconl 1, and create lots with less than" ance with the Zoning Ordianct:'~;.';... 100ft. frontage and one lot witb Article III, Section 303, and Ar.:t: ';'.'.' less than 12.500 ft. of area. l.c).O , ticle X, Section 1000A, for per "'.-.;):" cation of property: north side mission to divide property nil , of private road off west side of set off lot with less than 12,500,::_ Village'Lane. Orient, New Yerk. sq. ft. of area a.nd less than lUll:" bounded north by G. R. Latham, ft. frontage all Town Road. Lo- Wm. H. Broderick, east by cation of property: north ~ide of Spencer Terry, D. Dorman & Sunnyside Road, Southold. N,....! Others, south by Orient Harbor. York, bounded north by otlwr west by A. Knox. land of the applicant. east by 7 :45 P. M. (EDSTI. upoa ap. other land of the applicant, south plication of Paul Harry Orlowski, by Sunnyside Road, west by Grove Road, Southold. New Yort. Peter Grattan. for a variance in accordance 9:15 P. M. lEDSTI. UpO.l ap.. with the Zoning Ordinance, Ar. plication of AntiJanasios & Hl'Il"lI ticIe tIt. section 303. and Ar- Spinthourakis, Main Road. Easl ticle X, Sect.ion 1000A. for Marion. New Yorl<', fOJ" a val'iancl~ permission to.divide property and~tt'j in accOl'danCl' with t.he Zon~n~' set off lot With less than l2.!tOO ~ Ordinance. Article III. SecllUll sq. ft. of area. Location of pro~ i~ 307. and Artiell' III A.. S.ec:tiolls erty: southeast. comer of. ~lU :~ 357 & 358. for ~rmIsslOn. to Creek D,rive and Grove Road. ,..~'l . ma.intain motel U~llts a.nd bUl.ld~ Southold:, New York, bound,ett.. . lngs with insuffICient SIde yalds. north. by Mill Cr~ek Drive,. east '.~.Yi.'. .' LOCatiOI.l of propt.rty: so.uth Sid.,.. by Mill Creek DrIve. A Gordon.,:.. "{)f Main Road. East Manon, New Smith, & J. G. Havens, south by'/:;,. ; : York. bounded north by Mum F. Simons, A. Gordon.SmitbL;"r~~. Road, east by A. G. Doyle and west by Grove Road. .i ~, , other lands of t.he applicallL. 8:00 P. M. (EDSTI, upon ap;.' .t. south by G. Arnold & Others. plication of Dr. James P. Tierney, ';. '\1 west by R. Peter'!"on & Others. 36 Spruce Street. Garden City" 9:30 P. M. IEDST), upon ap- New York. for approval of access1.' 'lication of Bayview Development. over private right-of-way in ac.. i':':Corp. d'b/a Victoria Motel and cordance with the State of New'... 'Cottages, Bayview Road, South. York. Town Law, Sect~on ~80Ai;t~, .. old, New York, for a spe~ial ex- LocatIOn of property. prlvfltPI;.; 'ception in accordance WIth the right.of.wHY off east end cr.~t~ 'ZOning Ordinance, Article IlIA, North Parish Drive, Southold. -.:'~ . Section 350. Subsection 5, for New York. bounded north by .:is t,. permission to expand existing Peconic Bay, ea..'it by H. & F' A~ ,marina. Location of propert.y; Reese. south by Harry Gunli-!Ie.,,_> ".1 south side of Bayview Road, west by H. Sayre & North parlsh~_ Southold, New York, boun::lE'rl Drive.,_ ,./: - north by Bayview Road. east by 8:30 P. M. lED~',T)' upon. a~j James Bilses. south by Corey plication of PhIlIp Marrllle_ w' Cn'ek west by A. & F. Koke. \ Deep Hole Drive, Mattituck, Nt' . York, for a variance in aceOI 9:45 P. M. rEDSTI, upon ap- anee with the Zoning Ordinan plication of Bertha Davis. Bn:<.Hl Article III. Section 300, Subs. Road, Southold. New York. fur a tion 6, and ~r.t~cle III. S~C~i~..> variance in accordance with Ow I 309, for permission to COl1st11."~:_ Zoning Ordinance. Article III. accessory building (garagel,'. . front yard area. Locatioll . '~r'" Sf'ctlOll 300. SubsectlOn 6. and property: south side of Df'{'p Article III. Section 309. for pn- Hole Drive, Mattituck, New York mis.<;ioll to locate accessory Luild- bounded north by Deep Hf)l(' Drive, east by J. Baal'. south by Deep Hole Creek, west by Tho;..;. O'Keefe. g (garage) in frpnt yard area. cation of prop north side Basm Road. \-o.~.sterly ~~ of t No; 2 and all of lot No. 3 on bdivlsion map of "Paradi~e t". Sec I, Map 3761. 10:00 P. M. (EDST), upon ap- Ucation of Arthur H. & Ruth tngate, Peconic Bay Blvd.. 'Laurel, New York, for a variance accordance with the Zoning "'-.}A......t>roinance. Article III. Section :w::.loo. Subsection I. Article VII. 'c.. 'tlon 703 & 703b. and Article Section 1000B, for permission . convert accessory building to dwelling with insufficient vtng area. Location of property: th side of Peconic Bay Blvd.. . urel. New York, bounded north !:"':'~E ' Peconic Bay Blvd., east by ,:It\': . F. Osler, Jr., south by Peconic " y, west by Dorothy Farle;y. . -If Any person desiring to be ard on the above applicat.iol13 ould appear at the time and lace specified. ATED: SEPTEMBER 9. 1971 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT-23 sworn, says , ISLAND ,ubi ic news- ,; and that 'y, has been Jck Watch- 'II wee 'I ~.;{..~{... ~/ ~orn to before me this ........d..,y..... day of ~J:.:...., 1971.. ....".Q,c.~.J:..~...,.Pcut::l:t,~~..... Notary Public V l\iJEtE PAY:IE r;- ~'''', .' r,t",,! Vorl( !: ::iJUol~ COLl~HY ~l:/ .Jl),+ 1(:00 r, "'j;I;S:,:X: f:xj.!lr2S March 30. 191~~ (LEGAL NOTICE r- LEGA~iai-~~~. Notice 0 eanngs Pursuant to Section 1Jj7 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 30, 1971 on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of Alice' M. Burden, Orient, New-York, fOf a varia~ce in accordance with the Zonmg Ordinance, Article III, Section 303 and Article X, Section loooA, for 'permission to divide property and create lots with less than 100 ft. frontage and one lot with less than 12,500 sq. ft. of area. Location of property: north Side of private road off west side of Village Lane, Orient, New York, bounded north by G. R. Latham, Wm. H. Broderick, east by Spencer Terry, D. Dorman & Others, south by Orient Harbor, west by A. Knox. 7:45 P.M. (E.D.S.T.), upon application of Paul Harry Orlowski Grove Road, Southold, New Yo~k. for a variance. in accordance with the ZOnI.og Ordinance, Article III, Seclton 303 and Article X, Section loooA, fo;permission to divide property and. set off lot with less than 12,500 sq. ft. of area. Location of property: southeast comer of Mill Creek Drive and Grove Road Southold, New York, bounded north by Mill Creek Drive, east by Mill Creek Drive, A. Gordon-Smith, &J. G. Havens, south by F. Simons, & A. Gordon- Smith, west by Grove Road. 8:00 P.M. (E.D.S.TJ, upon application of Dr. James P. Tierney, 36 Spruce Street. Garden. City, New York, for approval of access over priv~te right-of-way in accordance With the Stale of New York Town Law, Section - 280A. Location of property: private right-of-,":ay off east end of North Pansh LEGAL NOTICE Drive, Southold, New York, bounded north by Peconic Bay, east by H. & F. Reese, south by Harry Gunliffe, west by H. Sayre & North Parisb Drive.. 8:30 P.M.. (E.D.S.T.), upon application of Philip Marriner, Deep Hole Drive, Mattituck, New . York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 300, Subsection 6, and Article III, Section 309, for permiSsion to construct accessory building (garage) in front yard area. Location of property: south side of Deep Hole Drive, Mattiluck, New York, bounded north by Deep Hole Drive, east by J. Haar, south by Deep Hole Creek, west by Thos. O'Keefe. 8:45 P.M. (E.D.S.T.), upon application of Theodore Christianson, 9 Dudley Avenue, Staten Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Sec- tion lOOOA, for permission to... divide property and create lots with less than 100 fl. frontage. Location of property: west side of Deep Hole Drive, Mallituck, New York, bounded north by Yolanda Robbins, east by Deep Hole Drive, south by Mathaias Brewi, west by Deep Hole Creek. 9:00 P.M. (E.D.S.T.), upon application of Daniel Grattan, Sunnyside Road, Southold, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 303, and Article X, Section lOOOA, for permission to divide property and -set off lot with less than 12,500 sq. ft. of area and less than 100 fl. frontage on Town Road. Location of proYM.IlI. ww1f oC i3WwYSUte , . . , New York, bounded north by other land of the applicant, east by other land of the applicant, south by Sunnyside Road, west by Peter Grallan. 9:15 P.M. (E.D.S.T.), upon application of Anthanasios & Helen Spinthourakis, MalO Road. East Marion, New York, for a variance in accordance WIth the Zoning Ordinance, Article III, Section 307 and ,Article III A, Sections 351 &1 358, for permission to maintain motel units and buildings with insufficient side yards. Location of property: south side of Main Road, East Marion, New York, bounded north by Main Road, east by A. G. Doyle and other lands of the applicant, south by G. Arnold & Others, west by R. Peterson & Others. 9:30 P.M. (E.D.S.TJ, upon application of Bayview Development Corp. d I.b I.a Victoria Motel and Collages, Bayview Road, Southolej,. Ne:ov York, for a special exceptio": m accordance with the zom.ng Ordinance Article III A, Seclton 350, subse~tion 5, for permi~ion to expand existing marll~a. Location of property: south SIde of Bayview Road, Southold, New York, bounded north hy Bayview Road east by James BItses, south' by Corey Creek, west by. A. & F. Koke. . 9:45 P.M. (E.D.S.TJ, u!"'n application of Bertha DavIS, Basin Road, Southold, New York, for a variance in accordan,ce With the Zoning Ordinance, Arltcle III, Section 300. Subsection 6, and Article III, Section 309, for permission to locate accessory building (garage) in front yard area. Location of property: north side of Basin Road, westerly 'h of lot no. 2 and all of lot no. 3 .on subdivision map of "Paradise Point", Sec. I, Map 3761. 10:00 P.M. (E.D.S.TJ, upon application of Arthur H. & Ruth Wingate, peconic Bay Blvd., Laurel, New York, for a vafla~ce in accordance with the Zomng Ordinance, Article Ill,. SectIOn 300 Subsection I, Arltcle VII, ~tions 703 & 703b, and Article X, Seetion loooB, for permISSIOn (Continued from page 25) to convert acce:",ory ~ildi~ into dwelling with msufflclent bvmg area. Location of property: south side of Peconic Bay Blvd. Laurel, New York, bounded north by peconic Bay Blvd., east by W. F. Osler, Jr., south by pecomc Bay west by Dorothy Farley. ";'y person desiring to be heard on the above applications should appear at the time and place specified. DATED: SEPTEMBER 9, 1971, BY ORDER OF _......,............TI'f'IUt'l.l'n ~ COUNTY OF SUFFOLK. STATE OF NEW YORK. I f ss: J ....... i31;\l!l-.I:1t. .C... ]:1QJ;'!I1S,t)............ being duly Sworn. says that. . .l?~... is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published crt Greenport. in said county; and that thE' notia:. of which the annexed is a printed copy. has been published in the said Suffolk Weeki\' Times once in E'och week. for ... . .qt)~. . . . . . . . . . . . . . . . . . .. weeks successivdy commenciug on the ... .t;\I~.ntY.'"'tl1.i.ro....... day of . .~~,P.~~r.nsr.::;. '.. 19.7.1. ~~~-"'..:l">:)"~:" .~-r--:-;--;-'-:-.--.............. Sworn to before7 m~ Ais ..4. J. .. .. 1, r ~. ftJ i '. ,'-'j I .____-r- day of .'J~'I~.'~.r~t? ..:;'0.. 1!1.;Y'.' J" .. ,/ ; . J , II' /j{/'ic {,/-~ ~../'((~{t"'; , .,/'0' T" ..I.....~ ...:............ (. ~.. .. ; ..t.........'.."'.'................... / , '~-.'-. ,~ 71 ,/ FORM NO. .g -� TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. i NOTICE OF DISAPPROVAL i File No. ....... ......... ...::..........:.......Date ..............2'UgUat.......30..............., 19.21. 3ri.,I d:........ . PLEASE TAKE NOTICE that your application dated"..... ~ i ti S` /f BGG f re; u for permit to constructy.... .. ........ .... ...at the premises located at.....5A., I.Y#.. 13ad..... ............... ... . ......... ...... . . .. . .::. Street, ZaSt HariOn, N-Y. Map ..s..::.. ......... ....... . Block ............. ................... Lot ....... ................................ is returnad horewith andg disapproved on 't"G..ir.-fa✓+ w..-`- "- the^-foil loowing grounds } �rk�.. � .. ... � ... . .......... ....... y . J ....... ....... ......... ..................... ... ........................................................................ r r +. Building Inspector TOWN OF SOUTHOLD, NEW YORK D � A PEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /4 "9 DATEs .. ar...$9�1 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Athanasaos & Helen Spintta— Main .Road 1. (We) ...................................... .................... . ....of ........................................... ..................:.............. Name o€ Appellant ourakis Street and Number ............. •....................................... .............N..Y,......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE B/U/ILD G INSP CTOR ON APPLICATION FOR PERMIT NO. ..................................... DATED .........�i.. ..��. .Z7........ ... ........... WHEREBY THE BUILDING INSPECTOR DENIED TO ............ .......................................................... Name of Applicant for permit of ..........................:...................................................................................................... Street and Number Municipality State PERMIT TO USE For Dealt. Res . (motel Apts . ) ( ) PERMIT FOR OCCUPANCY s/s main Road "M" Zone 1. LOCATION OF THE PROPERTY ...............................................::........ ........................................... Street Use DdstrICt on Zoning Map xZ ZX mast Marion ......................................................... 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.) :SRT TTS Sen 307 & .SPT TTT @ gar 357 a. 35R 3. TYPE OF APPEAL Appeal is made herewith for ( X) 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 (hen) (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 I PP q i ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (Z) A Variance to the Zoning Ordinance ( ) is requested for the reason that the building is not ten (10) feet from the back fence. Foam ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because this building has been erected over fifty years and has been there when purchased on August 18, 1957. ThereggtDer this building was used as a recreation room and a three root apartment above. 19ithout changing the outside dimensions or altering any exterior walls, the recreation room was converted into two efficiency apart- ments. The exterior side was three feet . an the south side and ten feet from the :vest line before the conversion and remained the same after conversion. Strict application of the ordinance would necessitate destruction of the property and great financial loss, 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 the south side is bordered on farm land which juts into a portion of the property if a straight line was run from the road. Attempts to purchase that property to run a straight line has failed and since it is farm land this variance creates no hard- ship, difficulty or depravation of peaceful enjoyment of anyone's property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because this building was their prior to the renovation and was therefore more than fifty years so the character remains the same. Furthermore the apartments are of greater benefit to the farmland adjacent since they will harbor quiet tenants and be of more similarity to the use of this building. i STATE OF NEW YORK ) COUNTY OFS���"OLK ) Signa re / i�� Swornto this ..................... .�.............. day of............... ........,............ 19`"I I Notary Public ®F f tJer� it 0 4,Y)4374'QU9116%irs,111% Iva rouy C taweat:esro.. 6)tpe✓oS >I M Soo 1973 - "0 II h..~."'___'".~''' ...~_. Southold Town Foard of Appeals -13- Septeml~r )0, 1971 PUBLIC HEARING: Appeal No. 1459 - 9:15 P.M. (E.S.T.). upon application of Anthanasioe & Helen Spinthourakis. Main noed. East M~ion. New York. for a variance in aocording with the Zoning Ordinance. Artiole III. Seotion 307. and Artiole III A. Sections 357 & 358. tor permission to maintain motel units and buildings with insuffioient side yards. Looation of property: south side ot Main Road, East Marion, New York. bounded north by lliain Road. east by A. G. Doyle and other lands ot applioant, south by G. Arbold & Others, west by R. Peterson & Others. Fee paid $5.00. The Chairman opened the hearing by reading the applioation for e varianoe, legal notice of hearing, affidavit attesting to its pUblication in the official newspapers, and notice to the applicant. THE CHAlRMAN: Is there anyone present who wishes to speak in favor of this application? NICHOLAS D. YUELYS, ESQ.: This building ill located in a I1lOtel area. M zoned use fOr motel business. The building has been there for a long ti_. over fifty years; and was there when the property was plU'Chased in 1957. It had a three room apart- ment above and Mr. Spinthourakie created a recreation room below. At the time he converted the reoreatlon rOOm into two efflolenoy apartments. he dldn't know he should make application for doing this. Be operates two efficiency apartments beneath the three apartlll8nts. The only thlng he could do now ls to put baok the reoreation room but there would be no benefit to putting it baok. THE CBAlRNAN: This was originally a b~. It's olose to the tence ot the adjoining farmland. Did lt bave an apartunt in lt Griginau,-t MRS. Sl'mTJlaJRAKIS: It did ban one in 19$7. THB: CBAIRMANa In tM earlier dare 10U made the lower put of the bl1lldlng into a reoreation room, with two bathroOlU and a ldtohen. Then, wben 70U oom-eriled thi. to two ettlo1eno7 apartlll8nt8 on the t11'1I11 tloOr. at that t1l1l8 YOIl built another building whioh 70U u.. tor reoreation with kitohen and dining room. With aU of tMee things, w,r' C.O. '. reoe1Ted1 MR. TElUtYI The7 reoelved pel'llllta. DB OBAIlUf.l'KI lfUt we are asked to do is to ,xpand. resl- d'nUa1 11.' 1n that bQl14lns. Tbere 18 .. qu..ti... a. 110 wh.t.&, thi. 11 .. ~1I"&' '1" a hightI' a.... . It w_14 .... h .. that thi. .1&ht be a oorua14'l'ab:q hipI' ...e. MR. lUZLXlh It was thetr i..tention to ore at, two apart.nt.. The taot that they did not make applioation was an error that was not pointed out unt11 tM 1fePk ft. done. '-""""'---~""'~'."''''~''-~- _u_~<.'.'..~.,~,,,..11 -.-.....---- ", .- '... Southold Town Board ot Appeals -14- September 30, 1971 THE CHAmMAN: I. there anyone present who w1ahes to speak agaln8t this applloatlon? (There was no response.) THE OHAmMABa I might aay that thla whole area has been ohanged to M zone. As tar as the rear yard ls oonoerned, thb bulldlng 18 attaohed to the old one. Atter lnvesUgation and lnspeotion the Board tinds that applloant re~ests permlss10n to ..lntaln motel unlts and bulldlngs wlth lnsattlo1ent slde yards en propertJlooated south slde ot Haln Road, Bast Harlon, New York. '!he Undlngs ot the 'Board are that the buUdlng und81" applloaUon was ereoted over tU'Y 7ears aao and wall used tor apartments when the pr,*ertT was purohased In 1957. The entire area has been aoned If aone. The Board, therefore, 18 ln agreement with the reasoning ot tM app lio ant . The 'Board tind. that st1"lot applloaUon. of the Ordlnanoe would produoe praotloal ditfloultle. orunn.eo...&ry hardshlp, tM hardship oreated 18 unlflue and would not be ,hared b7 aU properUe. allke ln the i~diate vloinlt7 ot this propertT and in the ..... u.e dll1triot, and the varlanee wiU not ohance the ohuaoter ot the nelghborhood, and will dbserve the splrlt ot the Ordinanoe. On aotlon bJ Mr. Gillispie, seoonded bJ Mr. BUlse, It was RBS.OLVBD Athanaslos IiplnthouJoakh " Helen splntbouJ'ak1s, Maln Road, Bast 1fa101on, Jew York, 'be CIRAJft'BD peralulou to ....lnt&1n motel unlts and wlldlqs with lnautt101ent alde 'fILI'ds on p:l'Operty looated south ald. of Jfaln Road, East Jfarlon, New York, aa applied tor. Vote ot the 'Bo&1'4a Ap.a- It..sr.a G1Uisple, Serae., Balse, <btllouS.., D.,en. . . * PUBLIC BIlABDGa Appeal'.. 14.66.. 9:30 P.M. (B.S.T.), upon appu.oaUon ot B&}'Vl.W Develop"l1t OOQ., 4to/& notoria Hotel and oott...., 'B&Tflew Road, ..'.14,.ew York, tor a spedal e:r.oeptton ln aoOONanee nth lIhe Zn1b& on".no., Artlole III A, SecUon 3S0, Sab..,Un $, t... peral.a1on ,. .,_ .:r.t..'be ,,"na. LooaUn ot ,..,ei'tJ'1 ...1111. ...41 ot I..,..... Road, &CIa1lheld, Jew York, bOliDd.aDWth,-,n1SaTfl'" R...., ....11 bt 'a... ...,..., .0001lh b7