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TOWN OF SOUTHOLD, NEW YOI~K
ACTION OF THE ZONING BOAR~ OF Al'PEALS
Appeal NO. 1103 D~ May 23, 1967
~eresa B~llhoefer
29 Spruce Street
Garden City, New York
Appellant
at a meeting of the Zoning Board of Appeals on June 8, 1967
was considered and the action indicated belpw was taken on your
( ) Request for variance clue to lack of access to properly
( ) Requast for a special exce~tinn under the ~oning Ordiqan~e
(X'), Request for a variance to the Zoning Ordinar~ce
the appeal
1. SPECIAL EXCEPTION. By resolution of the Bo,ard it was determined that a s~peclal ex~sption ( ) be granted
( ) be denied pursuant to Article ................ Section ................ Subsection ................ ~oaragraph
........... . ..... of thc Zoning Ordinance, and the decision of the ~Bullding Inspector ( ) be reversed ( ) be
confirmed because
8:00 P.M. (E.D~S.T.), Upon applicatiOnof Theresa Bolihoefer, 29
Spruce Street, Garden City, New york, for a variance in accordance
with the Zoning Ordinance, Article Iii, SectiOn 303~ Article X,
Section 1000A, for permission to set off a skip Of land with
insufficient frontage and area. Location of property: south side East
Road, ~Cutehogue, New York, bounded nerth by EaSt Road, east by
Wickham, south ~y L. COmbe, wes~ bY Willis.
2. V/tRIANCE. By resolution of the Board it was determ!ned that
(a) Strict application of the Ordinance (would) (would not) ~reduce 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) (doas not) observe the spirit of the Ordinance and (would) (~ould not) change the character
of the district because
SEE REVERSE
and therefore, it ~;as further dete~unined that the re(lue~ted ~arian,ce ( ) be granted (
previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
APPROVED
~ z~ ~f,a,i,~m,~, Board of Appeal~
) be denied and that the
ZONING B OA/%D
Barbara C. Dit Secretary
After investigation and inspection the Board finds that
the applicant requests permission to sell two feet frontage
to the adjoining property owner. The Board finds that the
adjoining property owner has a cellar door located one foot
from the property line. It is intended to convey this two
feet in order to make more property by said cellar door.
This will not change the characeer of the neighborhood in
an~ay.
The Board finds that strict application of the Ordinance
will produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be share.d by all
properties alike in the immediate vicinity ~ this property
and in th~ same use district; and't~e'v~rtahee~does observe
~he Spirit ~6f the Ordinance and'will not change the character of
the district.
THEREFORE, IT WAS RESOLVED that Theresa Bollhoefer% 29
SpruCe Street, Garden City, New Tork, be ~=anted-'permission
to set off a strip of land with'insufficient frontage and
area on property located on the south side EAst Road,
Cutchogue, New York, as applied for.
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of thc'
Town L~w and the provisioas of
the axaended Bailding ZonZ-Ordin-
anee of the Town of Southold,
Suffolk County, New York, public
heaxin~s will be held by the Zon-
ing Boaxd of AppeaLs of the Town
of Southold, at vhe Town Office,
Main Road, S~thold, New York,
on June 8, 1967, at 7:30 p. m. on
~the following ~appe,als:
7:30 P.{VL (]g.I).S~,T.), Upon ~p-
plioatio~ of Ben T. I)riskell and]
Driskell, North l~yview
Maren
!~ead, Soutl~old, New York, ~or re-
~vith the Sds, re of New York To.hi
L~w, Se:c~ion 280A. Location of l
propert,y: ~orth side North Bay-
view Ro~d, Soutl~old, New York!
~boun.ded north by H. Martirm-G.
~avis, e~t by I~a.rry Schua~acher,
south by North Bayvie~v Road, west
iby ~ohn Rh~gold.
7?40 P.M. (]E.~.~.T.), Upon
~plioatior~ of Theod~re O. Bi~tner,'
dLn~nce, Article Iffff, Seotion 300,
~ Sub~ection 5 (d), ~or permission
!to o~el~ate and maintain stablo~
led llor~h by Sound View Aven,ue,
!east by Zebroski~Bo,oth, south by
Bittner.
8:00 P.M. (E,D~SfT.), Upon ap-
plication of Theresa Bollhecfer, 29
F~pruce Soreet, ~arden City, New
tion 1000A, for permi~sioa to
~.off a s~ril0 of land with insuffi-
icient frontage and area. Loca-
t~d, CutvJ~og~e, New York,
I bou~dod north by Ea~; Itoad, east
~ 'by WieMb~s,nl ~outh by L. Oombe,
west by Will~s.
: Ro~d, ~a~t Ma~rion, New York, ,a/c
~i51% the Zo~ Ordl~lallee, Arti-
eld I~I, Section $23, ~or ~ermissio~
to set off t~vo los with insuffi-
cient frontage ~nd for approvalI
tion 280A. Location of property:~
north side North Road, (O1~ 27),
,Oreenport, New York,
r~orth by Lor, g Islar~d Sgund, ~t
t~y .E.J. Bohlke; so~lth by
fl~ad (C~R 27), we~t by~ M. C.
Pfeifer.
Any person desiring to be heard
on any of the above applications
should appear ~t the time and
place above specified.
DA'ru~: M~y 25, 1967, BY OR-
DE/~ OF ~ SOT.~OLD
TOWN BOAI~ OF APPEALS
{. ,,.- ltJ2
COUNTY OF SUFFOLI(, }
STATE OF NEW YORK, ? ss:
_
says that .'P~¢-~. is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county; and//hat the notice, ,of which the ,annexed is ~ print~
copy, has been published in the ~id Suffolk Week~ Times
once in each week, f~r ........ ~?~: ............ week~
successively commencing on the .. ~.4~.T~% .........
d~y ,of ..... !~.-~:~ ~. ...... 19~ .
S~*rn to be~o~e me this .~/~...I
............ ........ :
TOWN OF SOU?HOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.. Y.
.............................. ~.~..u~ .............................................................................
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
WHEREBY THE BUILDING INSPECTOR DENIED TO
............ ....
of
Street and Number Municipality State
(-,) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) ~,LIT to sell two feet of land on west side of property.
]. LOCATION OF THE PROPERTY ..S~.p.G~..s..~..~...e....q~..~.s~..~.d;=..~..8.~.~z.".e..e.~..~..&~:~..~;.~i~.Z.~"~4.~.~..!';rook ~.oad
Street Use District on Zoning Map
Map No. Lot No.
section end Paragraph of the Zonin~rdinance by number. Do
A.~to TZI Sec~ 303 A~k/ Sec, lO00A
3 TY~E J APPEAL APpeal is mJ~ere~wi~or
(/) A VARIANCE to the Zoning Ordinance or Zoning Map
(
PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
not quote the Ordi,nance.)
) 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 &he~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appea! 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
(X) A variance to above Article Iii Section 303
is requested for the reason that a physical, restriction of space at the cellar door of the
property to the west requires additio~.l room~ T~-ro feet of land will be sufficient,
Uo to 'hhe present~ the owners of these abutting p~perties were related and!, no diffi-
culty arose, it is intended to sell tb_e ne~ door property due to the death of the
husband,
Form ZB!
(Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because 0£ the restricted space !imzLting possibility of sale
d/~zir~ation o£ price~
2 The hardship created is. UNIQUE and is not shared by all proper, ties alike in the immediate
vicinity of this property and in this use district because £t ±s confined 'bo Che la. ok o£ space
to ~
e~ from the cellar.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because no ch~,,~e o£ ~,~d¢ ~rs~±n~ or i~prove~e~%s o~
the properties would t~2~e ~lace,
STATE_OF NEW.YORK )
) ss
COUNTY OF ~z~$AU )
Sworn to this ~_ 3 '~' day of ....... w~v 1~ 67
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