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Home My WebLink About12 Reference: Appeal No. 12 Dated ACTION OF THE ZONING BOARD OF APPEALS OF T~m of Southold Suffolk New York. TO Horace E. X~ser~ 504 Hempstead AvenueI West Hempsteadt N.Y. Appellant At a meeting of the Zoning Board of Appeals on Am~,A~t8 , 19 27 , the reference appeal was considered and the action indicated below was taken on your: ( ) Request for an interpretation of the Zoning Ordinance ~) Request for a special permit under the Zoning Ordinance ( ) Request for variance to the Zoning Ordinance ( ) Request for a temporary permit INTERPRETATION. The Board adopted the following resolution which states its interpretation of the Zoning Ordinance as requested in your appeal: me SPECIAL PERMIT. By resolution of the Board it was determined that: a special permit (x) be granted ( ) be denied pursuant to Article IV Section 400 , Subsection ? , paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because: ef favorable Pm~lic ~aarine. T~ere were no objections to this permit and &pplieamt agreed te · otin,,1-tion by the B~ar~ requesting a 2~' curb, in the interest of safety, on Locust hue. 5 VARIANCE. By resolution of the Board, it was determined that: (a) Strict application of the Ordinance would, would not, produce u~due hardship because (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 (c) The variance does, does not, observe the spirit of the Ordinance and would, would not, change the character of the districts because and, therefore, it was further determined that the requested variance % ) be granted ( ) be denied and that the previous decision of the Building Inspector ( ) be confirmed ( ) be reversed, TEMPORARY PERMIT. By resolution of the Board it was determined that a temporary permit ( ) be granted ( ) be denied to be effective from 19 until 19 when it shall become null and void, EXTENSION TO TEMPORARY PERMIT. By resolution it was determin'ed that an extension to your temporary permit which expires ~9 ( ) be granted ( ) be denied and that ( ) this extension will be effective from 19 until 19 when it shall become null and void. ( ) you are hereby ordered and instructed to cease and desist from any use of your property which does not conform to the Zoning Ordinance. ZONING BOARD OF APPEALS D~te: August 9, 1957 ,7 /' ~,, , Secretary I~OBM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examln.d .................. ~..~..~.... ' ~'~-? Application No ..... ..~...~.~,. ..... Approved ......... ~ ............................. 19......~Permit No. ......................... 7.'L. ............. ~ ............. .7. ................ ~ .......................................... ( ilding Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of Jot and of buildings on premises, relationship to adjoining premises or public streets or areas, and givi~cj a c~tailed description of layout of property must be drawn on the diagram which is part of this location. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for' inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department far the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordirmnces or Regulations, for the construction of buildings, additions or a Iterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances and regulations. State whether applicant is owner, lessee, agent, amhitect, engineer, general contractor, electrician, plumber or builder. Name of owner af rem'ses ----~. ,,. If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Locahon of land on wh ch proposed~work)~fll be done. Map No ................................. ~ ........ Lot Ho:: ............ ..~.. Street and Number ......--~ ~-- ~~--~~'"'~"~~'~"~~~' - / Municipality 2. State existing use and occupancy of premises ond inte$~ded use and occUPancy of proposed construCtion: a.' Existing use and occupancy ....... ~..;~...,~-~.. .............................................................................. b. IntendeJ use and occupancy.~ .~F.~iL...c~...~.~ .................... Alteration .................... Repair .................... Removal .................... Demolition ............ .~.~.Othe.r~prk (Describe) .................... 4. Estimated Cost .............................................................. Fee .....~.~/.~.~,.....,,~r~ *- , ...................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units..~ ...... Number of dwelling units on each floor ....... ~ ............. If garage, number of ~ 6. If business, commercial or mixed occupancy, spec ify nature and extent of each type of u~ 7. Dimensions of existing structures, if any: Front .............. ~ ........Rear ............ ~ ......... Depth ...:..~ ............... Height ............... ~ ...... Number of Stories '- . Dimensions of same structure with alterations or additiOns: Front ................. ~ .............. Rear ......... ~ ................. Depth ................. '---~.~ ........... Height ...... ;; ...................... Number of Stories ...... ~ ................ 8. Dimensions of,entire new construction: FrOnt ....... · ..~...~....../..... Reor ........ ..~..~.,/.. Depth ...~ ..~.... ......... Height,,~....'~......'..~.... ....... Number of Stories ....~... g. Size of lot: Front ......... /~.../... Rear ............ Depth .......,~.~ 10. Date of Purchase ........................................................ Name of Former Owner..,. ...................................................... 11. Zone or use d str ct n which premises are situated .............. ~ ...... ~ ....................... 12. Does proposed construction violate any zoning law, ordinance or reguatiOn? .~'~'~.~. .................................... ..................... Address ............................................ Phone NO ..................... 13. Name of Owner of premises.~--....~ Name o Archltect..J~..:..~.. ~~~/, '-7:' · ..Addressf ' ' ' ............................................ Phone NO ..................... Name of Contractor .................................................... Address ............................................ Phone NO ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set,back dimensions from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW,~)I~, ~ J, S S COUNTY OF .~) · (Nome of individual signing al~ation) . above named. He is the ............................................................................................................................................................. (Contractor, agent, corporate office.r, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this .a, pplic, ation; ,that.,,a!l stat,emonts, c. On.t, ained in this .al?plication are t.?e ..to the best of his knowledge and belief; and mat the WOrK Wm oe per~ormea in me manner set torth in the application filed therewith. ....... · .~...~z~?_ ...... :...~ ~-~...~~~ture of applicant) Notary Pub~~. APPEAL TO THE ZONING BOARD OF APPEALS, S~UTHOLD, APPEAL NO. /7--- DATE, ~ ~C'/~? New York, I, (]~)~aa. ~_ Name of ~ppellant of $~Oh ~am~a~.ad AVA.,,. Street and Number Muni%!~Ality' N~HEREBY APPEAL TO THE ZCNING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR BUILDING PERMIT NO. DATED , 19 . WHEREBY THE BUILDING INSPECTOR ( ) GRANT ( ) DENY To Meraee E. Name of Applicant for permit Bt~e~t ~hd Number M~biclpa~lity State ( ) A PERMIT TO USE ( ) A PERMIT FOR OCCUPANCY ( )A TEMPORARY PERMIT OR EXTENSION THEREOF ( )A CERTIFICATE OF EXISTING USE i~ LOCATION OF THE PROPERTY Main $treet& Locust Lane ( S.E. Co~n~r~ Street & Number Use Distr~ct on Zoning Map PROVISION(S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article section, subsection and paragraph of the Zoning Ordinance being appealed by number. Do not quote the Ordinance.) ArticleIV, Sec.400. ~9. 3.. TYPE OF APPEAL Appeal is made herewith for ( ) An interpretation of the Zoning 0rdinance or Zoning Map (X) A special permit under the Zoning Ordinance or Zoning Map ( ) A variance to the Zoning Ordinance or Zoning Map ( ) A temporary' permit 4~ PREVIOUS APPEAL A previous appeal has' ( ) has not (X) been made with respect to this decision of the Building Inspector or with respect property. Such appeal(s) was ( ) a requested interpretation ( ) ( ) ( ) and was (were)made in Appeal No., Appeal No. Appeal No. Appeal No. REASON FOR APPEAL (Complete relevant blank. to this a request for a special permit a request for a variance a temporary permit dated ~9 .dated... 19 da~ed 19 .... dated ...... 19 .... Use extra sheet if necessary. (a) INTERPRETATION OF THE ZONING ORDINANCE IS REQUESTED because (b) A SPECIAL PERMIT UNDER THE ZONING ORDINANCE IS REQUESTED ( X ) Pursuant, to Article IV Sectlon400 Subsection 9 Paragraph ~ (c) A VARIANCE TO THE zONING ORDINANCE IS REQUESTED--~THE REASON (1) STRICT APPLICATION~ of the Ordinance would produce UNDUE HARDSHIP because (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 location and description of this property is given in detail in the application for change of Zone now in the Hands of the Southold Town Board. The intended use of this property if appeal is granted would be a gasoline fillim~ and serVice station. I~OTIC~,' OF HEARING Purzuant to s~ 267 of ~e ~ ~ L~w ~d ~ ~ro~o~ of ~e ~B~g ~ne ~ance of the~ :New Y~k, a pubic he~ ~ held by th~. Zo~g ~d ~ of the T~ of ~utho~ at~ ~e To~ Clerk's ~flce ~n SM~, ~u~ld, N~ York, on ~y, Au~ 8, 1957 ~t 7:30~ P. M. (~.~.~F.) ~n,the appB~-~ ,~on of H~e Kys~ for excepaon ~ 'b~d su~le ~ce s~, A~kle ~, ~on 4~, ~ 9, of ~e BulldOg ~e ~e of the~ ~own of ~uthold, S~f~ ~ty,~ ~N.Y. at ~' ~o~ 1~ New York. ~ ~rson de~g ~ be h~d{ on ~e ~.e ~B~Mon shoed · ap~ at the ~e ~d pl~e ~ve ~l~. Da~ J~ ~, 1~ ~ ~ A~h of ~e ~n of ~uthold. B~g ~ri STATE OF NEW YORK, ~ ss: COUNTY OF SUFFOLK, ....................... ~ ................... :-:-.~:~:--:,..~..~ ........ oemg duly Sworn, /> says that . . f~.~.[f ..... is Printer and Publisher of the S~'FOLK TI~ES, a newspaper published at Gree~po~, in said county; and that the notice, of which the annexed is a printed copy, has been published in the s~d S~fo~ Times once in each week. for ..................... ~ .................. week~ successively commencing on the ~:: c ~.,.~.. ........... day of ...~:~ .......... 19.~J.~ .... S.wo~ to before me this ......... ~qo~tcg ~w and ~e Zone ~ance ~ ~e ~ ~ ~- old, S~o~ Co~ty, N~ Y~ a ~bHc old st ~e ~wn Gl~k's ~, Strut, ~i~old, N. A~t 8, Ib~ at ~:30 P. M. (E. D. S. T.) upon the ~a~ ~ Ho~e ~r for a sp~l~ ~ep~ o~a~ ~ ~u~mo~e ~ce ~; ~icle IV, B~I~,~ ~ce of ~e TO~ of S~old, ~o~ Co~ty, N. and ~ r~e, Sou~old, New Yo~. Any ~n ~ W ~ he~ on the a~ve appll~tlon ~d ap~ the ~ ~ Da~ J~ · ~ A~eals of ~w~d COUNTY OF SUFFOLK STATE OF NEW YORK ss. Frederick C Hawkins, being duly sworn, says that he is the owner and punisher 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 published in said Long Island Zraveler-Mattituck Watch- ' ' week;~ man once eacn week fOF ..L~,,..,~ ..... ~- ........ *--~- successively, commencing on the .............. L_,~ .............. day of ,..~,~.-Z,~.~.Z,Z.~ .............. 19 ........ / Sworn to before me this ......... !,.C~: ......day of ........ :.'-:~.~.C..t.. x' .......... REASON FOR APPEAL (Con't.) (3) The VARIANCE would observe the spirit of the ordinance and would NOT CHANGE THE CHARACTER OF THE DISTRICT because:Business zoned property on west and across Main road- North (d) A TEMPORARY PERMIT IS REQUESTED because: (e) ~XTENSION TO A TEMPORARY PERMIT IS REQUESTED because: STATE OF NEW YORK) ) SS COUNTY Sworn to t~i~~day o~ ~ Notary Public RHETA M. THOMAS l~/otary Public, State of New Yorl~ 1~7o. 52-3967800, Suffolk County Term Expires March 30, 1959 · Signature/ - - ~ ~e~sted Ave, ~est ~e~pst e~d, ~uly 25, 1957 Dear Sir; The Town Board at a regular meeting July 24, 1957 adopted a resolution changing the property at the south east corner of Main St. and Locust lane Southold, from "A~ residential to ?B' b~slne~s, as requested by you some time eEO, A copy of the resolution is attached. There will be a p~bllo hearing on your application for a spesie~l exception to the ordinance for the purp. ose of building aperetl~g ~ gasoline filling and service station aS this location, held at the Town ~xerk's office Main Street, Southold, E.E. on THURS!i~AY August 8, {~57 vt 7{30PM (E.D.E.T.). I would reapectfuly sug est th&t you or someone representiB~ you appear at this hearing and possibly bring a plot plan or sketch of what you propose to do and build there, There w~$ no one at the Town Board hearing opposed to the change of Zone, and I have heard, of no one who plans to oppose the application for the exception, There was no fee attached to the application for the special exception, wether I did not mention it or not I do not recall, this ~mo~uuts to $15~00 which you cant emit at yo~r convinienee, I will cover it for yon in the meen time~ X am truly sorry for all of the delay in gettl~ this matter cleared up, Infr~eFaent meetir~ of the Town and plannit? boards, and weekly publication of the local papers all add to this delays Yours truly Building Inspector. C.C. to DeCamp & DePiazmy, Selden LEGAL NOTICE Notice of Hearing Pursuant to Section 267 of the Town Law and The Provisions of the Building Zone Ordinancm of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Zoning Board of Appeals of the Town of Southold at the Town Clerk's Office, Main Street, Southold, N.Y. Thursday August 8, 1957 at 7:30 PM (E.D.S.T.) upon the application of Horace Kyser for a special exception to build and operate an automobile service station; Article IV, Section 400, Item 9, of the Building Zone Ordinance of the Town of Southold, Suffolk county, N.Y. This property located at Main Street and Locust Lane, Southold New York. Any person desireing to be heard on the above application should appear at the time and place above specified. Dated July 25,1957 By order of the Zoning Board of Appeals of the Town of Southold. Howard M. Terry, Building Inspector Please publish once, Aug 1, 1957 and forward affidavit publication immediately to the Building Inspector Thank you of July 15, 195'7 DeCamp & Selden, Attn. Harry Gag~en; ~cloeed le notice of the public hearir~g on the cha~e of zone for th(~ Kyser gas etatlon. Our time table is setback beoauae tlue To~m Board dldnot meet they were ~u~posed to, and we will loose a~other w~ek d~eto t~e p~blicatlon of the notice in the w~ekly p~pers~ Yours truly Bu! ldl~.~ Inspector Dear Slr~ ~ne and ~ Road Southold, I ~oul~ ~vlse y~ that the To~ ~anni~ Bo~ a~ their last :~eeti~ a~?proved yo~ appli~ation for the ~cees~ ct~e of zo~ ~d ~com~end~ ~me to %he To~ Bom~, The To%~n Board was to have met this past week to take action on ~e'~eral ~btel~m includir~ ~.r. Kayser's application, but fox' ~ome reason the: did not ~.o so, thereby cmeatlr~ a ftu~her delay. 5n enclosin~ the r~ce~,~ fo~s ~o p~scnt to the Bo~ Of sta%~o~. If y~ ~!1 co.lets then. ~ halve th~ Yours tz-aly, ,2uil,~i~ In,peet or DeCamp & Pi~sy - Realestate Sel~ea, N.Y. Dear Ia t~e m~tter of Horace Xa3~er's proposed gao station loma~ioa, Locus~ ~e ~ ~in ~ Southold, ~e ~ feels t~t a fo~ a~li~tl~ for a f~ ~A' to ~l" zoM ~ ~ fil~ t~t~r vith t~ ~ui~ ~.~ fee. T~ ~ ~ t~ ~ t~ fee on t~ ~ ~t~ ~ p~e wl~ t~ ~ to the ~einee~ zone. I am en~losing the ttmcee~ary fox-me to be filled out in duplic&te. These ~houl~ them be returned to the Town Clerk for action ~ the Town Board. I am w~rry for all of this ~ela~ 't~u~t such matters ~mt go throngh certain channels to be legal. ~ourz truly · ulld~ug Inspector TOWN OF SOUTHOLO OFFIOE OF BUILDING INSpEcTOR TOWN CLERK'S OFFICE c:OUTHDLD, N. Y. Feb. Mr, Barry Gagen c/o Bowlir~ Al] eys Center l~orlches ~ Dear ~ir; Xn reference to our t~lephone conversation today, I wo~ld edvise you tba~ ~s of now t~e o~ly requiremen~s to establish ~ Z~so~ne stat~o~ ~n ~¢ ~o~ o£ ~o~Lo~ a~-e the, tales of the labor department of the S~ate of ~.,,~ew ~ork ~nd the County health deDar~ment as to weter $~pl~ and d~spos~l of ~e~erago. There is no ~on~n[ at tLe pre&eut ti:~,e. Should Zoning be adopted before sued a st~t~cn is establisbed~ it ~ould be sub,eot ~d~ ~,~'J']~ ~ns'~er ~our inquiry ~atisfactorily. ~curs truly Inspec tot