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HomeMy WebLinkAbout1161 TOWN OY SOUTHOLD, N~V YORK ACT[ON OF THI~ zoNING BOARD 'OF APPEALS DATE _~_~_..~_, 1968 Appe~No. 1161 < Dated Janaury 8, 1968 ACTION OF THE ZONING BO~{D OF APPEALS OF THE TOWN OF SOUrI~OLD Harry'G. Reckhart To King Street Orient, New York Apl~llac~t at a me.cth~g 0[ the Zoning Board o~ Appe.ais on Thursday, February 15, v;as considered and t/%e .~e~on indicated below was?aken on your , ) Bequest for variance due to lack of access to properly ( ) Request for a special ,exception under the Zoning Ordhngnce (X) RequesL for a variance to the Zooming Ordinance ~ ) 196~he ~ppe~l 7. SPEC]AI., EXCEPTION. By r~s~lution of the Board it was determine~ that a special exception ( ) be g~anted ( ) be de~xied p~rsuant to Article ...........................Sect]on ......................... . Sabsection ...~ ................... paragraph ............................ of the Zoning Ordinance, and the ~ecisi0n oI the Bulldin§ I~spector ( ) be reversed ( ) be confirmed because 7:50 P. M. (E.S.T.), Upon application of Harry G. Reckhart, King Street, Orient, New York, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 303, and Art~le X, Section 1000A, for permission to divide property into three lots with insufficient area in one lot. Location of property: north side King Street, Orient, New York, bounded north by land now or formerly of Serge V. Traube, east by land now or formerly of S. V. Traube, south by King Street, west by Holtzmans. 2. VARIANCE. By resolution of th~ Board it was determined that (a) Sgrict application of the Ordinance (would) (would not) produce practical difficulties or unnec- essary haxdship because ~ SEE REVERSE Cb) T~e ~ard~fip creabed (is) (is not) unique and (would) (would not) lye sha~l by all p~opertles alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) Th~ variance (does) (does not) observe the spirit of the Ordinance chan~e the character of the district becgarss SEE REVERSE and (would) (would n~t) and therefore, it was further dete~ ~t~hat ~e reques~d variance ( ) be g~an%ed ( ) lye den~ed and that the prc~ious decisioa~s of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE Barb~ra C. Dlttmanfl, Secretary After investigation and inspection the Board finds that the applicant requests permis~iun to divide property into three separate lots with~nsufficient area of 11,716 square feet; 148.72'frontage on one lot. The other two lots involved would have an area of 12,500 square feet and 12,554 square feet, finds that the lot with insufficient area respectively. The Board is unique in that it has limited depth and ample frontage. The Board finds this lot was originally purchased before the Zoning Ordinance became effective and had a frontage of 100 feet on King Street. The appellant built his home upon this lot and later purchased the adjoining property. The ~Board finds that ~the appellant .is actually enlarging the original piece of ,~r0perty/and,thereduction ,in area is only about 6% below the minimum area required for a lot by the Southold Town Building Zone Ordinance. The Board finds that strict application of the Ordinance will produce practical difficulti~s 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 does observe the spirit of the Ordinance and will not change the character of the district. THEREFORE, IT WAS RESOLVED: Harry G. Reckhart, King Street, Orient, New York, be granted permission to divide property into three lots with insufficient area in one lot, as applied for, and as shown on the "Map of ~ divi~ision, land of Harry G. Reckhart, at Orient, N.Y.", map by Van Tutyl & Son, map dated December 7, 1967. NOTICE OF HEA~INGS Pursuant to ~ection 267 of the Town Law ~nd the provisions of the amend- i ed Building Zone Ordinance of the{ Tow~ of ~outhold, Su/~olk County, New York, public heaxings will be held by the Zoning ~oard of Appeals of the Town of ~out, hold, at the Town Office !M~in Road, ~outhold, New York, on} i Pebruary 15, 1968, on the following of Renaselaer O. Terry, Jro Oaklawn{ i Avenue, Southold, New York for a bounded north by property now COUNTY OF SUFFOLK t, ss: STATE OF NEW YORK I C. Whitney Booth, Jr., being duly sworn, says that: he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK 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 punished in said Long Island Traveler-Mottituck Watch- man once each week for ..... ~.~.'./..,.:~/.':~L~.,...~,../...~..'. week~ successively, commencing on the .............. ~ ....................... day of ' .~·~./.· .......... / ~ /.,~ .... 19 ......... c~' ~; Sworn to before me this day of ; /~ ~ 19.~..L~. ......... / ........ ~...~..:: ...... , LEGAL NOTIC:E Notice of Hearings Pursuant to Section 267' al the Town Law and the provisions o£ the amended Building Zone Ordinance of the Town o£ Southe&/, Suffolk County, New York, public hearings will be heI<~ by the Zoning Board o£ Appeals of the Town oi Sou~h- old, at the Town Office, Main Ro~-~, Sol, hold, New York, on February 15, 1968, on f~he following appeals: 7:30 P.M. (E.S.T.), Upon applica- tion of Renssela~r G. Terry, ,Ir., Oaklawn Avenue, Southald, ~New York, for a variance in acordance with the Zoning Ordinance, Article[ III, Sectian 300, Subsection 7, for permission to operate a professimaal (attorney) office in a residential area. Location of property: north side hi~in Street and west side .Hi~r- ton's Lane, ~outhold, New York, /~omaded north by property now formerly of E. Terry & A~a., east by Horton's Lane, south .by Main .Street, west by land now or ft~r- merly of Frank Fanning. 7:50 P.M. (E.S.T.), Upon appli- eatic,u of Harry G. Reckhart, King Street, ,Orient, Iqew York, fc~r a var- iance in accordance with fhe Zon- ing Ordinance, Article III, Section 303, and Article X, Section 1000A, for perm~ssian to divide property into, three lots with insufficient area in one lot. Loca$ion of property: north side King Street, Orient, New Yc,:k, boun~ed north by laud n6w or formerly of Serge V. Traube, east by land now or formerly of S. V. Traube, s(',uth by King Street, west by Holtzmans. Any person desiring to be heard on the above application should ap- pear at the time and place above speeifio~. DATED: JANUARY 25, 1968, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ltF9 COUNTY OF SUFFOLK, STATE OF NEW YOHK, ~ ss: ... 'A-~',~zy~..-~... ....... being duly Sworn, says that . .~.. is Printer and Publisher of ~e SUFFOLK ~EEKLY TIMES, a news~per publish~ county: and ~at the notice, of which the anne~d is a printed ~py, has been published in the said Suf~lk Weekl~ Times once in each week, fvr ......... ~ ............ week~ successively commencing on the ...... 2 ~r~ ........... d~y of . :~~. .... 19 ~.~. ........ Swam to before me thi~ . .~.~% .'... TOWN OF SOUTHO~.D, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /'~ ~' / DAZE .... TO THE ZONING BOAI~D OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number .... ~:~ ~ .......... $~.~,. ........ HEREDY APPEAL TO Municipality State THE ZONING BOARD O.F APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED~.~ ¥ ...... WHEREBY THE BUILDING INSPECTOR DENIED TO ................ o. ........................ Name of Applicant for permit of ....... if.~: t~...~.,. ........................... .q~?~.a .~..... .......................... ~J. ,. L ........................ Street and Number Municipality State (:() PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1 LOCATION OF THE PROPERTY Street Use Disfri-ct on Zoning Map lv~op 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,nonce.) , ~0~ and ' ~ ~ !uO,u~ 3. TYPE OF APPEAL Appeal is made herewith for (:~) A VARIANCE to the Zoning Ordin,ance 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 (t~) (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 Appeal No ................................. Dated ................... .......................... :..'. ..................... ( ) (~) ( ) is requested for the reason that The ~imsnslons a~zd area street frontage~ bu~ REASON FOR, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance l~ ~ allow ~ ~ _o~- an excess of one io~ 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 T~tis z~. .... ~.s __~ ....... _ .ou~a.:_zseeu b~e~ ..... <~he ~on~ 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because aA ~-¼ ) SS ........ ". ................ ";' "/~ig n~:~U r~'' -~c'' ................................... COUUTY OF ~ d ~ ~,'{ ~ ) Sworn to this .............................................. day of .......... ..:.l~.!~.~,.~,~.I. .................... 19 ~ ~z~ .................. ~i;~,u..~., ~.'.~x. ,2~ ................................. Notary Public M/?,T~-~L TEICH Nota~, PuSl~, Sm~e o[ New Yore No. 41 3946800 Qua~hed h} Queens Coun~ C~mm~ssion ~xp~res Marc~} 20, ~969