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HomeMy WebLinkAbout852 NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the amended Building Zone Ordinance of Che Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southo]d, at the Town Office, Main Road, Southold, New, York on June 16, 1966, on the following appeals: 7:30 P. M. (E.D,S.T.), upon applica- tion of Baker and Fickeissen, Southold, New, York, a/c Ilie Wacs, Sound Drive, Greenport, New York, for a variance in accordance with the Zonin~ Ordinance Article III, Section 307, for permission !to reduce the side yard requirement. Location of property: Lot No. 105 in Eastern Shores at Greenpert, Section Greenport, New York· 7:45 P. M. (E.D.S.T.), upon applica- tion of Martin Sidor, Peconic Bay Blvd·, Laurel, New York, for a variance in accordaauce with the ,Zoning Ordinance, Article III, Section 307, for permission to reduce the side yard requirement. Location of property: south side Po- conic Bay Blvd·, Laurel, New York, bounded north by Peconic Bay Blvd., east by Barney Sidor, south by Peconic Bay, west by M. Weglicki. 8:00 P. M. (E.D.S·T.), upon applica- tion of Assunta and Peter Oiordano Gin Lane, Southold. New York, for a special exception in accordance with the Zoning Ordinance· Article III, Sec- tion 300, Subsection (a), for permission to convert a one family dwelling into a two family d,welling. Location of prop- erty: Lois No. eight (8) and nine (9i in Bay Haven at Southold, Southold, New York. 8:15 P. M. (E.DH.T.), upon applica- south by M. F. Barteau, west .by G. R. Fleet Estate. 9:45 P. M. (E.D.S.T.) ul5 applic0~-: tion of Dickinson Real II,tare Agency, Main Road, Southold, New York· for a special exception in accordance with the Zoning Ordinance, Article IV. Sec- tion 409, Sub,orion (bi. for permission to retain two wall signs in lieu of ground sign. Location of property: south side Main Road, Southold. New tion of Frederick P. Rich, Hobart Road, Southold, New York, for a variance inIYork, bounded north by Main Road accordance with the Zoning Ordinance, east by Town of Southold, south b.v. the Article X, Section 1008, as enacted May I Town of Southold, west by Private 24, 1966. for permission to reduce the Road· area required for each apartment. LO-I 9:50 P. M. (E.D.S.T.), upon applica- cation of property: north side Main, tion of Burnett E. Tuthill, Route 25, Road, Southold, New York, bounded Cutcimgue, New York. for a special ex- north by F. P. Rich, east by Fire De- ] ception in accordance with the Zoning partment, south by Main Road, west Ordinmnce Article IV, Section 408, Sub- by F P Rich ! section A, for permission to retain ~n · ' ' -----} lira I°n premises ground sign. Location of 9:00 P. M. (E.D.U.T.L upon app - . . ance in accordance with the Zoning ~t~'bT'~a2Sl~oba[ Fishers Island, New York, for a vari- g' ' .' ' ' Ordinance, Article IIIB, Section 370, s y · . Subsect on (2 , Article X Section 1008, Lane. as enacted May 24, 1966, for permission t 10:00 P. M. (E.D.S.T.L upon applica- to reduce the ~rea required for each I tEla°snt ~fir~rio~ NBe°whl~'orkSh~Po'~a~d ~eac~ae{ apartment. Location of property: north i ' ' · New York, bounded north by Race i g ' ' ' point tqnrn east by Steve Morell Subsection 10, for permission to retain ....... ~" ' ~ ' b' an off premises directional sign on the south by Whistler Avenue, west y Robert Waddington. property of Joseph Cherepowicz. Loca- 9:10 P. M. (E.D.S.T.), upon applica- tion of Mary C. Grebq, and Polly Edmonds, Fishers Island, New York, lot a variance in accordance with the Zoinng Ordinance, Article X, Section 1098, as enacted May 24, 1966, for per- mission to reduce the area required for each apartment. Location of property: north side Whistler Avenue, Fishers Island, New York, bounded north by Race Point Corp., east by Robert Wad- dington, south by Whistler Avenue, west by Race Point Corp. 9:20 P. M. (E.D.S,T.), upon applica- tion of Margaret Dellano, North Road, Southold, New York, for a special ex- ception in accordance with the Zoning Ordinance, Article IV, Section 408, Sub- section (a), for permission to retain an on premises ground sign and reduce the setback requirement. Location of property: north side North Road, Southold, New York, bounded north by Robert Hertzborz, east by D. T. Auri- chid, south by North Road, west by Clark Road· 9:40 P. M. (E.D.S.T.), upon applica- tion of Edward Fox, Main Road and Pequash Avenue, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article IV. Section 408, Subsection (bi, for per- mission to retain a walI sign. Location of property: south west corner of the Main Road and Pequash Avenue, Cut- chogue, New York· bounded north by Main Road, east by Pequash Avenue tion of property: south east corner of Main Road ancl Shipyard Lane, East Marion, New York, bounded north by Main Road, east by other land of Cherepowicz, south by Reeve, west by Shipyard Lane· 10:10 P. M. (E.D.S.T.). upon applica- tion of Corwin C. Orathwohl, Inc.. West Main Street, Cutchogue, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Sec- tion 408. Subsection a, for permission to retain an on premises ground sign. Location of property: north side Main Road, Cutchogue, New York. bounded north by Fred W. Kaolin, east by Ruth Orathwohl. south by' Main Road. west by A. Kuhlman. 10:20 P. M. (E.D.S.T.), upon applica- tion of B. R. Kernsnowski, Main Road, Laurel, New, York, for a special excep- tion in accordance with the Zoning Ordinance, Article IV, Section 408, sub- section b, for permission to retain wall signs on his farm stand· Location of property: north side Main Road, Laurel, New York, bounded north by Charles Price, east by Charles Price, south by train Road, west by Carl Bessh. 10:30 P. M. (E.D.E.T.), upon applica- tion of Charles Rose, Main Road, Or- ient, New York, for a special exception in accordance with the Zoning Ordin- nance, Article IV, Section 408, Sub- section B, for permission to retain a side waJl sign. Location of property: north side Main Highway, Orient, New, York, bounded north by Francisco Est., east by Rufus TuthilL south by Main Highway, west by Amelia Sledjeski. Any person desiring to be heard on the above applications should appear at the time and place above specified DATED: dUNE 2, 1966 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAI~ COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK j 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 )ublished in said Long Island Zraveler-Mattituck Watch- man once each week for ...... successively, commencing on the ................. .~.~...,...'~..~. .......... day of .. ..~..~L£ ........ · l . .. Sworn to before me this ........ ./¢./~.'. ........ day of ....... d.r.:.,d.&... . .................. LEG-~kL NOTICE NOTICE OF HRARINGS Pursuant to Section 267 of the Town Law and the p~,oyisions 9 the Amended ~uilding ~ ~,n. '~O~' dinance of ~e Town ~1 ~)outhold Suffolk County, New York, publt, hearings will be held by the Zon- ing B~rd of Appeals of the Town of S~thold, at the Town Office, Main Road, Southold, New York, on June 16, 19~, on the following ~pe~:' ~' 7:38 ~.M. (~.D.S.T.), Upo~ ap- plication ~ Baker and Fickei~en, Sou~o~, New York, a/c II~ Wacs, Sound ~iv~, ~enp~rt, New with the Zoning ~dinance, Arti- cle I~, ~ctio~ 307, for Dermi~ion to reduce the side yard yequire- men%. Legation of property: Lot No. 1~ in ~astern Shores at Greenp0rt, Sectio~ IV, Or~nport New York. 7:~ P.M. (E~.S.T.), Upon ap- plicaMon of ~tin Sider, P~onic Bay Blvd., Laurel, New York, for a v~iance in accordance with the Zo~ng ~di~ance, ~ticle ~I, Sec- tion 307, for p~r~i~ion to reduce the ~de yard requirement. Lo,ca- tion of p~pe~ty: souLh side Pc- conic Bay Blvd., ~u~l, New York, bo~ded north ,by Peconic Bay Bldv., e~t by Barney Sider, ~uth by Peconic Bay, west by M. Weg- l~ki. 8:~ p.~. (E.D.S.T.), Upon ap- ~Hc~tion of Assu~ta and Peter Oiordane, Gin ~ne, Southold, New York, ~or a ~p~i~ exception In ~ordance with the Zoning ~d~an~, Article III, Section 3~, Suh~tion (a), for permi~ion to convert a one ~amily dwell~g in- Co., Inc., Fishers Island, New ~I~? With the Zoning Ordinance, icle IIIB, Sectic~ 370, Subsec- tion (2), Article X, Section 1008, as enacted 1V~y 24, 1966, for per- qu~red for each apartmer~t. Loca- tion of property: north side . tier Avenue, Fishers L~land, New York, bounded north by RaCe l~int Cor~., east by Steve Morell, south by WhAstler Avenue, west by Rob- 9:10 PM. (E,D~.T.), Upon plication of Mary C. Grebe, and PoUy Edmonds, F~shers Islar~d, cordance with the Z~ning O~din- ance, Article X, Section 1008, as ea~,cted May 24, 1996, for Dermis- for each apartment. Location of property: north side Whistle, r Ave- r~ue, Fishe~'s la/and, New York, bomaded north by Race Point Corp., east by P~bert Waddington, south by Whistler Avenue, west by Race Point Cor~p. 9:20 PaYi. (}~D~.T.), Upon ap- plication of ~Vla~garet Dellano, North Ruud, S~utRhold, New York, ance with the Zoixi~g Ordinance, duce the setback requirement. Lo- cation of property: north side North Road, Southold, New York, boun,d~d north by Robert Itertz- .berg, east by D. T. Aurichio, south by North Road, west by Clark 9:40 PM. (E.D.S.T.), Upon ap- plication of W, dward Fox, Main the Zoning Ordinance, Article X, Section 1008, as enacted May 24, 196,6, for permission to reduce the area required for each apartment. Location o~ property: north side Main Road, Southold, New York, bounded north by F. P. Rich, east by Fire Department, south by Main Road, west by F. P. Rich. 9:00 P.M. (E.D.S.T.), Upon ap- plication of Fishers Island Utility to a 9we family dwelling. Loca- /~oad' ,and Peq~u~h Avenue, Cntch- tion .Gl property: L~ts no. eight~ ogue, New York, for a special ex- 8) and nine (9) in Bay Haven at ception in acco?dance with the SoR:~lhtOld_, Sout~old, New York. [ Zoning Ordinance, Article LB, li' ~ FAVI. (E.~.S.~.), Upon .ap-[ Section 408 S~bsection (b), for p carton of Frederick p. Rich, 3 perantssion to retain a wall sign. fine,bart P~.ad, S~uthold, New Y~o~k, [ Loc~tion o~ prqperty: south west er a varlance in aocordance wlt~ corner of the Main Road and Pe- quash Avenue, Cutchogue, New Yqrk, bounded north by Main Road, east by Pequash Avenue,~ south by M. F. Barteau, west by[, G. H. Fleet Estate. e:~5 FaM. 6E.D~.T.), Upor~ ap-7 plieation of Dickinson Real Estate Agency, Main Ruud, Southold, New York, for a special exception in accg,xlance with the Zoning Or- dinance, Article IV, Section 4~8, SubsectiQr~ (b) for permission to~ retain two wall signs in lieu of a i g~round sign. Location of proper- ty: soutah ~ide i%q~ain Road, South- old, New ~ork, b~unded north by A~ain Road, east by ~Fown of Southold, south by Town of Southold, We~t by private ro~d. 9:50 p.~. ~E~D.S:T.), Upon ap- plPcation of Barnett ~. Tuthill, Ro21te 25, GutC~lO~Ue, New York, for a special exception in accord- ance, with hhe Zoning Ordinance, I Axticle IV, Section 498, Subsection A,~q~permia~ion to retain an on pr~U~%~s ground sign. Locationi ~ of l~o~er~: north side Main Road, I l~ortJl, by B. F. Tuthill, east by B. I F. q~.3il], aollt~ by the .Main Road, west'~b'y Bridge La/%e. 10:00 P.'M. (~LDS~T), Upon ap- plication of Fred Bohlke, Sh[pya,rd Lane, Es,st Marion, New York, for a special exception in accordance with the Zordng Ordinance, Art}cle I~I, Section 300, subsectioI~ 10, for permission to retain an off prem- ises directional Sign on the prop- erty of Joseph Cherepowicz. Lo- cation Of property: south eas~ corner of Main Road and Ship- y~rd Lane, East Marion, New York, boua-lded r~orth by Main Road, east by other lal%d of Cherepowicz, south by Reeve, west by Shipyard ss: ~.~7¥.~. ...... being duly Sworn, .nter and Publisher of ~he SUFFOLK ~p~per published ~t Greenport, in said ,of which the ,annexed is ~ printed in the ~aid Suffolk Weekly Times ......... ~.h :.:... ~ ~- . ........ week~ ..... ]9 %: .~ I ..... 19gLo, .. ! plication of Corwin C. Grath~ohl Inc., West Main Street, Cutchogue New York, for a special exception in accordance with the Zoning Or- dinance, Article IV, Section 400, Subsection a, ~or permi,a~ion to .re- tain an on premises ground sign. Location of property: north side Main Road, Cutchogue, New York bounded north by Fred Wikaelin east by Ruth Grathwohl, south Main Road, west by A. KuKlman 10:20 P.M. (E.D.$.T.), Upon plication of ~. H. Kersnow, ski, Main P~oad, Laurel, New York, for a special exception in accordance with the Zoning Ordinance, Arti- cle TV, Section 408, Sabsection b, for permission to retain wall signs on his farm stand Location of property: nort, h ,side Main Road, Laurel, Now Y~rk, bounded north by Charles Price, east ,by Charles /Price, south .by Main Road, west ~ by Carl Besch. [ 10:30 P.M. (~.D.S.T.), Upon ap- ~[plicaion of 'Charles Rose, Main Road, Orient,. New York, fo~r a spe- I cial exception ~n, accordance with the Zoning Ordinance, Article IV, Section 4~8, ,subsection B, for per- mission to retain a side wall sign. Location of property: north side Main Road, 'Orient,; New York, boun,de,d 'no~h by Francisco Est., east by Rnfu~ Tuthill, ,south by Main Highway, west by Amelia Sle dJj eski. Any person desiring to be heard on the above applications should appear at the time and place above. specified. DAT/F~: JUNE 2, 1966, BY ORDER O~ ~ SOUT/~OLD TOWI~ ~[ka3~D OF APPEALS itJ10 May aY, 1966 Mr. Fredorick P. Rich Southold, Dear SirS The Town Has ~assed a~ mTnnendment to the zoning ordinance on Tuesday May 2~th, 1966t Section 1005 off Article Xt which requires 12~%00 Sq ft oi' aroa for each fsmily in the dwelling. In as much as no work has been done on your multi,,lc residence - Permit #M.R.166~ Issued for the Sth building at "Colonial Village" this new ammendment will apply to this building. Trusting this will b~ self explanitory. Yours truly Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~J~,~' DATE: May 27, 1966 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, FREDERIC Po RICH, of Hobart Road, Southold, New York, HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR dated May 27, 1966, revok- ing Permit ~4R166dated April 8~ 1966 theretofore issued to construct multiple dwelling designated as D on the annexed survey map. 1. LOCATION OF THE PROPERTY - North of Main Road, Southold, New York. 2. PROVISIONS OF THE ZONING ORDINANCE APPEALED - That portion of Section 1008, Article X of the Zoning Law which restricts the use, construction or alteration of a multiple dwelling to those located on lots having a minimum square foot area of 12,500 ft. for each family unit or unit in the multiple dwelling, which said Section was enacted May 24, 1966, and the provisions of which became operative with respect to applicant by personal service upon applicant on May 27, 1966. 3. TYPE OF APPEAL - Appeal is made herewith for X A VARIANCE to the Zoning Ordinance 4. PREVIOUS APPEAL - A previous appeal has not been made with respect to this decision of the Building Inspector or with respect to this property. 5, REA$O~ FOR APPEA~ A variance to the Zonin~ Ordinance is requested for th~ r~ason that it is desired to construct and/or use the nulti- ole d~ellin~s on the oarcel sho,,m on the annexed survey mao kno~.m as Colonial Village at Mouthold. ~his area does not contain 12,500 sq. ft. for each fanily unit. '~ultiple ~,~ellin~ }'ouses ~, [~ and C are comoleted houses with respect to which a Certifi- cate of nccu~ancy h~s been issued by the ~uildin~ Insoector and with r~soect to ~{hich aoolicant has heretofore entered into bindin- leases with various tenants who nor are in occupm%cy and usin~ each of such buildings. ~he buildin? designated as A consists of q units (of which 3 are for dwellinq and i for an office), and the buildings designated as B and C consist of 7 units each, or a total of 18 units. There is not an area of 12,500 sq. ft. provided with respect to each unit in each of these buildings, but the lot area of each ~as deternined in compliance ~;ith tbs requirements of the Zonin~ Ordinance at the time the buildinzs were erected. The f~dinanee as now amended, however, prohibits the construction and the use of any multiole dwellin~ not havin~ a lot area of 12,500 sq. ft. for each unit therein. ~ith respect to guildincs D throuqh J inclusive, it is ~roposed that each of such buildings be constructed with the number of ~mits desiqnated on the survey map in each building, a~Ta~atin~ a total of Sb family units, all of which was in eom- pllance ~,~ith the Ordinance in effect when the project ,~as com- ~anced. Provision, ho~,~ever, is not made for a lot a~ea of 12,500 sq. ft. for each of said 3g additional family, units to be constructed as required bv the new Section. A variance from the ne~ Section of the Zonin~ Ordinance is t~erefore requested to ~ep.~it the continued use enid/or con- struction of all of the buildings marked ! through J inclusive on tiaa ~nexed survey ma~. (1) ~TRICT ~noLICATI©q Ow TWE OMDIUN!CE would oroduce practical difficulties or unnecessary hardshio for the foilo~in? reasons. The entire area sho,.m on the survey map was ~urohased by the aoolicant~, with the express ouroose and intent of develoo- in~ and imorovin~ the entire oarcei w~th garden tyoe aoartments to be used and occupied by ~idows and retired persons of mature years. Prior to the adootion of the new Section of the Ordinance from which a variance is now souqht, application %~as made to the To~n Board of the To~n of Southold to establish the area shown on the annexed map as an Open Development Area for the exnress ~urToses of utilizin~ such area for the construction and main- tenance thereon of a total of 5~ units in accordance with the ~lot plan and layout sho~ on the annexed survey maD. A~ter hear- ln~s before the Plannin~ Board and Town Board and full considera- tion of the matter, said a~plication was unanimously approved by all the menbers of the Town Board who duly adopted a resolu- tion as follow,s: "YO", THEREFORE, B~ IT RESOLVED: That the Town Ooard of the To%m of ~outhold does hereby establish an Ooen Develoo- nent Area over the prooerty of frederick Rich as sho~,~ forth on the ~ap attached to the application. Vote of Torn Doard: Ayes- ALL." C O The p~6oer~-y is toca~ed in a business zo'ne mhd is i".nedi~teiy south of the Lon~ Island "ailroad ri~ht-of-~-~ay and the labor camo operated by I. ~[. "cunt. Prior to the time the new Section of the ordinance, fro~'~ uhich a variance is not.; sou~ht, '~as adooted, and in reliance on the orovisions of the Crdinance as it then existed, lar=e a':ounts of money, runnin~ into many thousands of dollars, t.zere exoanded in imnrove~ents to make the entire oarcel suitable for a 7arden type apartment develoonent o~-~-'k~d layout de- scribed above. These i~orovements consisted, amonq other thin%s, of the followin2 facilities common to the entire area. 1. The construction of a solid 6 ft. wooden fence some 500 ft. in len2th, walling off the adjacent I. w. Youne labor camo. ';ithout the construction of such a wall, it would have been impossible to use the oarcet for residential ourposes, par- ticularly for elderly persons and ~idows who constitute the bulk of the residents, qisr~nt workers are brought into the labor camo to live in filthy, unsanitary and immoral conditions in barracks-like buildings durinq the farmin% season. These oeoole are habitualll, loud, vulqar and profane in their speech an~ ~e- 2uently indul%e in drunken orgies and fights amonq themselves to the extent that ,~ithout the construction of said substantial barrier screenin- the labor camo from view, and heloin~ to shut off obnoxious no{scs, no adjacent area to the labor camo could be used as a residence by ~ersons of any refinement or sensibili- ties. 2. It also was necessary to erect hundreds of feet additional 6 ft. hiTh chain link fence around other portions the area to ~revent the occuoants of such labor camD fmo~ wan~er- in~ into the apar~tment area in an intoxicated condition as o~ten .la~?e~led befome the fence ~.~as erected. 3. further, it was necessary to s~end many additional taousands of dollars to provide a ~20 ft. paved access road from [iain ~oad to the rear portion of the plot ~here the apartments have been, and are to be, constructed, as well as to run utili- ties fro~ the mains alonq 7~ain Eo~d of a kind su3fieient to adequately service the develooment, all as part of the overall development plan for the entire area. mhese utilities are not of the kind and capacity used for a house but were necessarily of the kind needed to service an entire community. For exa~nole, included amon~ the utilities was a 6" water main; hiqh voltage ~ires and transformers located on the ~remises to ~rovide elec- trical service; a 75 wire telephone ca~le; and a cable adequate for Cablevision hook-ups fop the entire area; as well as qas ~i~es. All of these installations were brouqht in as under~round services ~hich necessitated the di~in~ of trenches, the layin~ of many hundreds of feet of ~ioes, cables, conduits, Dull boxes etc. costinx many thousands of dollars. inZ alon~ the '3rovided. Some 320 ft. of chain link fencin~ and landscao- access ao~roach to the a~artment area was also 5. Applicant also constructed a complete laundry room installed equipment therein. -2- $. ~%e~e ~as also coustrueted es a co~on facility a ~"ost Office ~nne:,: ~ith nrovision ~or U. g. Covernment a~_oroved individual '~ai! bo~es ~or each tenant. _The cost of this facilitp' to be used in common bt, all the mesidents ~.~as additional thousands of ~cllars. .All of th~ above exnenditures ,~ere ~ade in reli~nee on the fact that ao~licant the co'~oletion of the entire oroject in accordance ~,~ith nlans '~or~ula~-d before the .~'~Oject ~as commenced ~,;hich were made en- tirely in reliance on the fact that at that time theme were no zonin[ or other -overnmantal re-ulations or restrictions whic---~-~ in any ~za~, nrohibited the construction of the number of rental units on the basis of uhich aoplicant undertook the entire orojeet. The nulber of rental units ori%inallv contemolated was, and is, necessary to ~neet ,~aintenance costs of the oroject. ~A. project of this kind is not economically feasible lanless it can be suo,vorted by rental income from a sufficiently lar-e number of apartments to cay not only fixed charqes such as nort~aIes and taxes on each individual buildinq but maintenance costs of the entire oroject, ,~hich includes the expense of a resident suoerintendent, as cell as oavments to a maintenance cra,~ for qrounds and lawn ~aintenancA_~' sno,~; re~oval, ~arba~e collections etc. Involved in these maintenance costs are also annual amortization char~es coverin~ the cost of the ourchase of ~ainten~nee e~uinment and tools, transoortation e~uio~.ent (includin,~ a pick-uo truck~ tractors, autobus and ca~) used for the maintenance and servicin~ of the entire oroject. Either suci~ equin~ent is purchased on an in~tall-~ent clan or, as is true hera~ each year a subst,m%tial a-cunt ~.ust be set asido_ fro~ ,~'ross receipts to retire the ori~ina! purchase cost o~ such equio~ent Dye? the oeriod o~ its e~<necte'~ life. Prior to the enact'-ent th~ na~,~ Section of the Ordinance, aonlieehnt had exoended more th~l $20,000 as tl~e purchase orice o~ ~aintenance and service equinm~nt to be used for the project and before any true net in- co?],~ is realized provision ~ust be made for the vear!y amortiza- tion of the ~ASiS OF tlARDSqIP - Unless and until there are con~structad sufficient r~nt~l units to held Day for the ~nnual a~ortization of the costs of all os the seven categories of exp~nse already incurred in connection ?~ith the orojeet, a disnro- portionate amount of total rental income of existin~ units be devoted to their oayment, to the point that the operation of the project ~ill be at a net loss~ or~ at the best~ reduce the net operatin% income to a ooint that it does not represent an ade%uate return on investe~ caoital or a return adeuuate to com- pensate for the ma~or exoenditure of time and effor~ to establish an enterprise of this kind as a coin~ concem. go far, the total amount expended on buildin%s and i~- !)rove~ents described above is uowards of one quarter million dollars, all of ~hich ~.?as e~oended Drior to the enactment of the ne~ f~ection of the Ordinance f~o~ %~hich a variance is no,~ sought. To the extent that the ne~ section of the Ordinance limits the amount of rental units to less th~n four tenths of the number on the basis of szhich the project ~4as first undertaken, it direetly~ and oroDortionately reduces not only the qross~ but -3- the act =-arnin?s it is oossib!e to realize from the entire enter- prisJ. ~ince the entire enterprise ~.~as based on the nu'~ber of r-~ntal units authorized by la~ at the time the project ~.~as start- ed, th.~ na~ section creates a hardship unless a~variance is -~ranted to ~er~it the original intended use of the land o~.rned by a~lic~nt. In fact, the retroactive aDplication of an ordinance of tlhis ~ort would amount to a confiscation of valuable 9roper~v riThts '~hich existed 9riot to the enactment of such new ~ection. it that time through the expenditure of ti~e, effort and a con- si'i~rable a~ount of money the ~arcel had been converted to one suitable for residential a~artment use. To no',.~ li~it that use so that no further apartments can be built is tantamount to con- fiscation-'-of the 9rovertv without compensation. (2) THE UAEDS!{IP C~EATED IS UNIOUE and is not shared by all properties alike in the immediate vicinity of this proverty and in this use district because on no other property has any apartment development been undertaken of the kind now under con- sideration and no comparable expenditures of money made for any SUCh purpose, (3) T~E VARIAT'!CE ~0ULD 0nSERVE THE SPIRIT OF 0RDIUAUCE A~.ID ~0ULD ~0T CHA~'GE THE CHARACTER OF T¢!E DISTRICT because most of the ~otal area surmoundin~ the .nroperty is devot- ed to ~'arehouse and business use and, while there are residences to the south and west of the DmoDerty fronting on !~ain ~oad, Railroad ..ave. and Boisseau Ave., the construction of ~arden type a?art'~ents instead of additional ~.?arehouses in the reap of these residences ~4ill ffreatlTz improve the character of the nei%hborhood and enn~unce the value of t e~sidential and other properties in the neighborhood. ApDliemnt states qatefforically that if a varis~ce is not ~rant~=d because of the new Section's limitations it ~ill not be nossible to undertake the construction of any fur- that apal~t~ents, and under the circumstances he will offer the portion of the nropart]? on which construction has not commenced fo~ sale as Railroad sidinff business property for the construc- tion of ~arehouses or such other commercial uses as miqht be in- dicated and is nou ~ermitted under the Zonin~ Laws. The reguested variance ~;ill not adversely ehanqe the character of the neighborhood for the additional ~eason that the areas surroundin~ each proposed a~artment he,Se sho~n on the enclosed ma~, even thourh not co-aDlvin~ ,Tith the ne~ section of the ordinanc~ ~ith respect to which a variance is now sought, is 1.ar.%er than that now required of a private residence of the same s~uare foot floor area and far in"exCess of the a~liCable required lot areas under the ordinance in effect at the time the pro~arty ~as first developed for its 9resent requested use and declared an open develo9ment area b%! resolution of the Town Board. ~nerefore, it is resnectfully requested that the Eoard of A~p=_als qrant a variance to the ~rovisions of the ne~-! Section of the Zoninq Ordinance of the To,~n of Southold described above to the extent necessary to authorize the use, construction and alteration of multiple d~.;ellin~s u~on the parcel of land sho~n~ on the survey ma~ annexed to the application, provided that no more than a total of 54 family units shall be constructed thereon includin5 the units already constructed and contained in Buildinss desi.lnated on said survey man as A, B and C. S~;orn t/ b~fo~e me this M ro~°.49':3~'E LA'-(O L. T TC:.VVrq ~ '~ "~, "~-