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Home My WebLink About527 COUNTY OF SUFFOLK } 55: STATE OF NEW YORK NOTICE OF HEARING pursuant to Section 267 of the Town LaWI and the provisions of the Amend- ed Building Zone Ordinance of the Town of Southold, Suffolk County. New York, public hearings will be held by the Zoning. Board of Appeals of the Town of Southold, at the Town Clerk Office. Main Road. Southold, New, York, on November 8. 1962. on the following appeals: I 7:30 P. M. (E.S.T,), upon apPlication: of Joseph Romano, ale Tollewood As- sociation. Meday Avenue, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance. .Artrcle III, Bection 300, Subsectiol1 3A, for permission to establish a private, community marina. at the northerly! end of Illinois Avenue, Tollewood Subw I division, Mattituek, Newl York. \ 7:45 P. M. (E.S.TJ, upon application i of Charles K. Bittner, Main street,: New Suffolk, New York, for a variance I in accordance with the Zoning ordin- ance" Article IV, section 400, Subsec- tion!, as it ref~rs to Article nI, Sec-! tion 303, for permission to divide prop~ erty into two parcels each containing insufficient frontage and area. Loca- . tion of property: south side Main street, east side Second Street, New Suffolk, New, York, bounded north by Main street, east by F. Flurry, south by Parker and A. Polashock, and west by Second street. Any person deSiring to be heard on the above applications should appear at the time and place above specified. DATED: October 25, 1962, By order of the Southold Town Board of Appeals. 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 South old, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ......(!;._~:tt:.,<:....r..I../... wee~ successively, commencing on the ................../..:./.?.~....... day of ........Jt:cL~.fiL..... ..,~.:~.:~. / ;" ............................................. .....:..7.1'& )// .......'"Y-:............. a Sworn to before me this ~) ........................ day of )/ /.--y 1-:{2. .........;1......-,(,...-0-0..,..,.....,........, ~?...... cL' '7 .............. ..::~fi:.....Lc.tc.(,f:2<.c:n';;....... Notary PubliC;; , {,.3 'IV .j-'!.-'j,J.tJ TOWN OF SQUTHQtD, NEW YORK APPEAL FROM DECISION OF BUILDING INSP-ECTOR APPEAL NO. 5,,1(7 DALE _Q9.;\;.9.p..lil.r...~3.,.. 1962 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTH OLD, N. Y. I, ~ . ..9.R:?:r.J!'! .~.. .~.~....12?: t~~.~r............. ... ..... of . .... ..N.!?Jl1..~.tr..lil. !!t....... .... ........ .... ..... .... ... ....... Name of Appellant Street and Number ... ....... ...~.~.~...~.~.f.r.~.~~..... ................... .............................. ...~.~.. I.~... ...........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .:.................................... DATED .o:.m:z...::,7......1~II;.:;k::...... WHEREBY THE BUILDING INSPECTOR DENIED TO of ................ Q.Q!,! .:rJ.~.:;;... K ,....:? t1; !;;t),!'l;::............................. Name af Applicant for permit ... .U.I!-.~~.. .~:\T.t?!!!i............. .... ...!'!.\l.!'!. ..~ )!...f.t::.9.*~........ ...... ..... .............N.....X .... ....... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Permit to divide lot. 1. LOCATION OF THE PROPERTY .....MI!-.j,n..9..t;::.~.~.t.....D:~K.~.U;('.f.Q~k...................................... Street Use District on Zoning Map 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~-. ') ((',v, a-.,~ / Art. IV Sec. 400 Sub. 1 as :flefers to Art. III Sec. 303 1000/1' 3. TYPE OF APPEAL Appeal is made herewith for (X )A VARtANCE to the Zoning Ordinance or Zoning.Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. .62 Cons. Lows Art. 16 Sec. 280A Subsection 3 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. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in AppeQ'1 No. ................................Dated REASON FOR APPEAL { ) A Variance to Section 280A Subsection 3 (x) A Variance ta the Zoning Ordinance ( ) is requested for the'reeson >that Form ZBl (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the property which it is sought to divide consists of two undersized lots both of which are improved with dwellings. Both of these lots were purchased by the present owner prior to the zoning ordinance and at different times so that there are separate deeds to each of the lots. The owner is desirous of selling one of the dwellings. This dwelling is located on a lot 75 feet by 100 feet. It is not now equiped with heat but the prospective buyer intends to install a heating system and probally use the premises for all year round living. The remaing parcel which is 50 feet by 125 feet is presently occuppied by the owner and applicant herein and will continue to be so occuppied. The parcel that it is intended be sold was pur- chased in 1948 to be used as a summer rental. It has since been so used but the owner would now like to be relieved of this responsibility and to realize something on his investment as he planned to do when he purchased the property in 1948. The imposition of the zoning ordABance in 1957 makes this application necessary. 2. The hardship created is UNIQUE and is not shared by all properties alike in the imme~iate vicinity af this property and in this use district because The owner does not wish to sell the entire property because as.stated above he intends to con- tinue to live in one o~ the dwellings. Furthermore, the fact that there are two dwellings on the premises would make it very difficult to find a buyer. In addition, a good number of the properties in the vicinity are on substandard lots but they are readily salable becaase they were in single and separate ownership at the time the ordinance went into effect. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area is located in a business zone. Most of the dwellings are old and modest and many of them are on undersized lots. There is as a matter of fact a lot adjoining the one that it is intended be sold.which is 25 feet by 75 feet. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK) .......~4z..:.td?//(:(.:::::.................. Signature Swam to this ..::....~?E<?:...........,.................. day af............~.~.~.?!?~;r,'............................ 1962 / / ! / ('-----' .......,;.............~:\~~;;;:~l;i~:....(...~:::~~..~~::~ W....L lER G l<.....P,. .-rM'Y PUBLl,- -,'.1(' uf N.. ... .... 52_203410C,,,0,,11r. 0lJIIII ... bpi,.. Monr' JU. I" 3 FORM INIO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. NOTICE OF DISAPPROVAL File No. ............ ........................ Date ..... ...........October.....23.......... 196.2... To ....Wa.lt.e.:r....Kapp Me.. C.o.a's...K,...:8.;i,..t:tner ......... . ...(:)o),tt.\!iJJ<:lLT:l,X' ,.. PLEASE TAKE NOTICE that your application dated ........ .....9~.t9);J.e:r: .....;;3....... 199.;;... for permit to~ .di:v:ide...lot.. .. ........ at the premises located at .....Main..st...&....... .2.nQ...S:L....... ....... ........................ Street Nevi Suffolk, N.Y. Map .....XXX................. ....Block ...XXX.............. ... . Lot ... ....XXX..... ... ....... ... ............ is ~ disapproved on the followirW ground- ....Insuffic.d.ent...ar.e.a....... A:r:.:t...IY...,S.ec.:ti,Qn4.O'O'.sub..l.,... .a.s..r..e.f.f~.r.s..to .Ar.t.. IlI.,....se.c tiOD .303...... ............... LI 0 - ....~V.C~~i~i~~. i~:;t:T ................. LEGAL JilO'1'ICI Not1ee of Hear1ng Purauant to sect10n 267 of the Town Law and the prov1a1ona of the Amended Bu1ld1ng Zone Ordinance of the Town of louthold. Suffolk county. 111_ York, public hearinga wl1l :be held lty the Zoning Board of Appeala of the Town of louthold. at the Town Clerk Office, Malo Road. southold, 111_ York, on lIovem1:ler 8, 1962, on the follow1nq a".alal 7130 P.M. (E.S.T.), upon application of Joa.ph Ro.ano, ale Tollewood Aeaociation, Meday Avenue, Mattituck, ._ York, for a apeeial exception in accordance w1th the Zoning Ordloance, Article Ill, Seat10n 300, Subaection 3A, for permlllaion to eatabliah a px1vate ClOmBMn1ty marloa at the northerly end of 1111n01a Avenue, Toll~ SW>4iviaion. Mattituck. If_ York. 7:45 P.M. (E.S.T..), upon application of Char lea K. B1ttner. Main Street, 11_ suffolJc. If_ York. for a variance 10 accord- ance w1th the zoning Ordloanee, Artiele IV, Section 400, Subaect1 1, aa 1t retera to Art1cle III. sect10n 303, for perataa10n to d1v1de property into two parcel a eaClh conta1nlog inaufficient frontage and area. Location of propertYI aouth a1de Malo street. eaat a1de Second str_t. 11_ SuffolJc. If_ York. bounded north by Malo street. eaat by P. Plurry. aouth by Parker and A. pOlaahock, and weat by Second Street. Any per aon dea1r1nq to :be hearc!oon the above app11cat1ona ehould appear at the ttme and place above epeaified. DATBD: October 25. lH:l. By order of the Southold Town Board of Appeale. * * * Page 2 - Leqal Notice PLEASE PUBLISH ONCE, NOVBMBBR 1, 1962, AND FORWAJU) 'l'HltIIE (3) AFFIDAVITS or PUBLICATION '1'0 '1'HB BOAItD OF API'IIlALS, TOInI CLBU OPPICE, MAIN road, 80tJ'l'ROLD, NBW YORK. . . . copies _11ed to the following' on oc:taber 29, 1962, the Long' I.land Traveler-Matt1t\lCk lfatc:hman Jo.eph 1l0llllnO, ale '1'ollewood Aa.oc1at,1on Walter G. Kapp, Esq., ale Charle. K. Bittner 8~. .~ M'MIt A~ ~ ~ WALTER GEORGE KAPP ATTORNEY AT LAW MAIN ROAD. P. O. BOX 207 SOUTHOLD, N. Y. SOUTHOLD s..x.JG:X 3436 October 23, 1962 Mr. Howard Terry, Building Inspector Town of Southold Southold, New York Re: Charles K. and Mary Bittner, Property on Main Street, New Suffolk Dear Mr. Terry: Permission is hereby requested to sell a parcel of improved property which is 75 feet by 100 feet. This will leave the seller with another parcel of improved property which is 50 feet by 125 feet. As indicated above the property is located in New Suffolk and although the parcels adjoin each other they were acquired at different times and by separate deeds. J L 'I. -[ WALTEl\ Very trul;y> yours, , .. ,tI.. j) .7 OZ.'\. ," ~/"/t?~ GEORGE KAPP '''-; g ~J (hA,N I< I' (Ij C.;- r f/'V "-" ,<::;( -,- ~ '- 1--. 'U 'l) \ -l. i',i) --------r------ I ~ I I I I --'----------- '-r 1-- Df\tJ'tE MRrG ,~ -,-- b": c-T ,,",' , (1.-0_ c;;;... I H <'-/lty ~:~:~;se:, I! J ~coil5 ~ -di----------- ~ PC^- i!';#()~ K. I' IE <:l ~ _______J I'f"''1.165.0 ~ k ~ " I-- "j II " ~ II" ~ ~ II ~,oL \/I !L i i ::. ;-\ LLI '(f\ fI ~ i' i I ,J J A Q" ~ ';',:; ,,) ';.ie e 6/ (!1If\$ fv.c,r.ley fjj.'t, I ~) '< k kJ r{ r --.... ,_._---,-..~ ~ J-. -.i 'V 't ;.( <h ~ . - Ci <- 'r ;; I- ':( '" <{ , .... -? ') ~ \;" 100 / " " :=1 ~ '/:;- '..: '" ;; ) to- ~) J: '1' <( 80 /'-..- '" "'- " ~ ~ , ".\if-.~ j Ot.,.~ ., (j,:'~!~jtll~il " ,.., .)' , 1S' h " ~ "t .._....~-_._- .1-..... I-~ I IL -l-- ?IHKE<:. 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