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Home My WebLink About822 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ . DATE ...... .~.~ / .3.. . ,0. /. ,6. ~ ....... TO THE ZONING BO,~RD OF APDEALS, TOWN OF SOUTHOLD, N, Y: - - Name of Appelia:n¢ Street and Number _ _ .......... :...; ......... ~.a.,B~ ..... .:.;,... ~.. -:: ...... .: .... -~.e..w....~..o...r,.~.~...~_.v. HEREBY APPEAL TO : :Mun:icipality _ Stateu ...... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERM[T NO~... J..3..~.(k.a~d,.J-.$.6~ ..... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) C~) Name of Applicant for permit of ...... ~.O.~..t.~. ~.O. mc] ....................................... S.O~b. OJ-~ .................... ~.e...w...~.o.~.~ ..... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY NEW PROPOSED LAY-OUT WITH REQUEST TO CHANGE EXISTING PERMITS 1. LOCATION OF THE PROPERTY ...J.~/..~.arth..~oa.cl. .................................................................. Street Use District on Zoning Mao .?...~..:....s..u..b..d..i.y..:.~...s../..s....O...1..d....C.p..y..e....B...o..u..1..e..v..a..~ ~..(Map attache d) 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 Do not quote the Ordinance.) §303; lO00a 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 (St_ate of~ New York Town Law Chap. 62 Cons. Laws " Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal Ji'z¢~) (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 ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 See Rider Attached (Continue on other side) R~SON FOR APPEAL continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because at the time of the adoption of the ordinance the area in ques- tion wad divided into approximately-50 foot lots in single and separate ownership; the necessity which existed at the time of the January 1965 applications for larger lois has been obviated by the introduction of a public waler~supp-ly; the premises are in a business district; premises and dwellingsalready in existance in the vicinity with but one exception ~are used for summer resideD~c~si~ many of the adjacent residences are on lois having but about 500~square feet. A 2. The ha[dship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of thiS ~rop~rty ahd/ in this Use district ~ for the reasons set laTCh abovd. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DI.STRICT b~x~z~ because of the reasons set forth above. STATE OF NEW YORK ) ) COUNTY OF SLTF~OLK) ss Signature Sworn to this .................................. ~.0.'~k... day of ........................... D.~.a~r~b,¢.r~0 ....... 1965. ..... .. ..................... ~: :t_ b~tary P~lic LEGAL NOTICE NOTICE OF HEARI~IGS Pursuant to Section 267 of the Town Law and the provisions of the Amended B~uilding Zone Or- dinance cf the Town of Southold, Suffolk County, New York, public hearings will be held by the Zon- ing Bo~rd of Appeals of the Town ~ of Southeld, at the Town Office, Main Road, Southold, New York, i or~ Jarmary 13, 1966, on the fol-I~ lowing appeals: l 7:30 P2/I. (E.S.T.), Upon appli- cation of Helmut Hass, North Road, Southoki, New York, for ,a variance in ~ccerdance with the Zoning Ordinance, Article III, Sec- I lion 303. Article X, Section 100OA, for permission to change lot lay- out on bultding permits with in- sufficient frontage and area. Lo- cation of property: south side North Road, private subdivision south side Old Cove Blvd., bounded north by Oki Cove Blvd., east by Beverly Road, south by Donald Bowman - Pond, west by Chester ~mulcheski. 8:00 P~M. (E~S.T.), Upon appli- cation of 'Samuel Gllckman Esq., a/c Blake Bollh~g, Aquebergue, New York, for a special exception in accordance with the Zonin~Or- dinance, Article X, Section 1003A for ;permission to operate "a non- farm labqr camp. Lc~ation of property: east side Queen Street, Oreenport, Ne.w York, bounded north by Simon Malinauckas, east .by Mrs. Emil Conklin, south by Steven Sledjeski, west by Queen Street. ~ Any person desiring to be heard on the above applications should appear at the time and place above specified. [ DATED: DEC~/~B~-q~ 30, 1965, BY ORED~ O~ TI~E SOUTH- OLD TOWN BOA.i%D OF AP- PEALS ltJ7 COUNTY OF SUFFOLK, I ? ss: STATE OF NEW YORK, i says that . .~.<'.. is Printer and Publisher ~of ~e SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and ~hat the notice, of which the ~nex,ed is a printed copy, has been published in the said Suffolk Weekly Times o,nce in e~ch week, ~or ......... ~.':~,:~. ............ week~ successiwiy commencing on the .... ~.~ ~.~. ~V.~. ........ . J:q'. r ~.~.~:~ .... 19~.~. S~orn to ~e~o,~e me this ..~.~. .... RIDER Appeal from Decision of Building Inspector Helmut Hass, appellant 1) Prior to the enactment of the zoning ordinance, the lots along the southerly side of Old Cove Boulevard between Carole and Beverly Roads were held in single and separate 50 foot parcels by virtue of a deed dated April 12, 1957, recorded April 15, 1957, liber 4287 of deeds at page 52. 2) It had been intended to reserve one of the 50 foot lots for access to the water and recreation use by the guests of the motel then intended to be con- structed. 3) The necessity for the reservation of this 50 foot lot became nullified when the motel was sold because the persons who acquired it also acquired another lot on Old Cove which afforded the access they wanted and needed. 4) At the time the applications were made for permits which bear numbers 1364 and 1365, the plot plans were made from the sketch of the Old Cove Colony which showed one 50 foot lot as "Reserved". 5) The applicant was under the impression at the time that other properties in the colony had rights to this parcel. 6) After the Village of Greenport put a new water main along the North Road and mains were tapped in other colony property it became apparant that a more effective use of the premises could be made since the distances between wells and cesspools required by the Suffolk County Department of Health no longer had to be maintained. At that time applicant ascertained that there were in fact no restrictions on the 50 foot parcel thought to have been reserved. 7) Accordingly, it has become possible to accommodate three small summer buildings in the area between the westerly boundary of the plot indicated on application 1364 and the easterly boundary of the plot indicated on application 1365. 8) Accordingly, it is now proposed to reduce the plot plan for applica- tion 1364 so that it has a frontage on Old Cove Boulevard of 84 feet (the south- erly line) - the deed line will extend to the mid-line of Old Cove Boulevard - and a frontage of 77 feet, more or less, on the waters of Old Cove; and to re- duce the plot plan shown on application 1365 so that the line of Old Cove Boulevard would be 89.72 feet and the line on the waters of Old Cove about 80 feet. 9) This would leave a parcel 84 feet in width on both Old Cove Boulevard and the waters of Old Cove in between and it is requested that this application be considered as an application for a permit for that plot as well. The bourdaries and layouts are shown on a map of part of Old Cove Colony as surveyed December 9, 1965, by VanTuyl & Son which is attached hereto. FORM ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ......... ~.o..r.~ ~..~.~.~ ............................................... ............ ~..o.~ .he !..d..~......~ ~.~.? ............................... PLEASE TAKE NOTICE that your application dated ............ ]~.~.~I~.~.....~.Q ....... 19...~.~ chan~e lot layout on peri,its #.13~4Z~ ~13,6~Z n/~ w~ for permit to~ ...................................... at m.c pr~m:ses loca~ea a~ ................ .~.x-¥....~.~ TM ...]~:::aO,~...(CB_;~.~.) ....................................... Street Southo!d~ N.Z. Map ......... xxx, ...................... Block ............ .xx .................. Lot ......... X.XX ............................ is r ' ' disapproved on the followinff ground, ....... Ilas.ll,.£1C.l.e/~t...rlT.Qrit~ ....... .a...nA...~r.~.~ ........ ~r~ ..~.!~.?~..3o.3...5...~r~...~..~:.0~...~999~ .................................... Building Inspector -' I OLD I~AP O~ COVE CO LO r,4Y AP..5 H A f,,40 ~1 ,