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Home My WebLink About616 LEGAL NOTICE -I Notice of Bearing Pursuant to Section 267 of the r Town Law and' the provisions of r We Amended BUilding Zone Or- i dinance of the Town of Southold i Suffolk County, New York, public: hearings will be held by the zon-j Ing Board of Appeals of the Town of Scmthold at the Town Office,l MaIn Rood, Southald, New York,: on November 7, 1963, on the fol-' lowing appeals: ! 7: 30 P. M. E.S.T.) upon apPlica-: tion of mward .LM:ham, Main Hoad, Orient, Ne\J( York, '.for a I v,ariance in accordance wi,tn.. the Zoning . Ordinance,: Arllcle III, \ Section 300 and article X, Section i lOOOA, for. permissiOll .to divide and sell a paJ;Cel of Iind !'Ia vjng 95 ft.! frontage. Location of property: I east side Yoongs Haad, Orient" New YOrl<",-'b.!>W=i-ded north by Ray-: mond E. Goldfr, eaSt. by other i iand of Edwo:tlt-Latham, south by: ElisJ:1Ja Haberman, ,and west by: Youngs Road. i 7:45 P.M. (EJS.T.), upon appli-I cation of Edwin H. King, private I .road, Orient Point, New York, for a varanceAn .Q.CQOrdance with the Zoning Ordinance, Article X, Sec- I tion 1007, Subsection (dl, for per-; miSlSion to re-establish a non-' conforming gas sbation use which I has been discontinu~d for over two I ,y:ears. Location of property: i south side Route 25, Orient Point, I New York, bounded north by Houte ,25, east by State Palf.k property, south by other land of E'dwin H.' King, land west by Sergio Casa-' voochia. Any person desiring to be heard on the above applications should appear at the time and place above specified. I DA'IED: October 24, 1963, By I Order of the Southold , Board of Appeals. Town. 11 ItNI1 STATE OF NEW YORK, COUNTY OJ>' SUFFOLK, I f ss: J l (-~:: ( says that. ; (t h r .. '/..u is Printer and Publisher of the SU~'~'OLE ... <'-' being duly Sworn TIMES, [\ newspaper published at Greenpolft, in said county and that the notice, of which the annexed is a printed copy has been puhliBhed in the said Suffolk Times once in ead week. for ...................?' J, . week! SUCC08S1vcly comnlencing on the "____ __.m.m.,-_-~.7:-:':-; '-_.~ day of ..,,:;, ......, '.. 19.'"u.. ..C\'u~:\;"'~C"'__~';,.""---\""_"-'"'\''''' Swom to before me this .,'j day of . ~/ u~ j,:v' L., ,~,;. '.. ::,::,-!nL :"u1misc.!ol) !'::\Ilir:.:,' .\1;11'<::':10.; 'fh' If LEGAL NOTICE Notice of Hear ing Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of southold, J Suffolk county, New York, public hearings will be held by the zoning Board of Appeals of the Town of Southold at the Town Office, Main ROad, Southold, New York, on November 7, 1963, on the following appeals: 7:30 P.M. (E,S..T.) upon application of Edward Latham, Main :; :1 Road, Orient, New York, for a variance in accordance with the il .! Zoning Ordinance, Article III, Section 303 and Article X, II section lOOOA, for permission to divide and sell a parcel of i; " land having 95 ft. frontage. Location of property: east side 'I Youngs Road, Orient. New York, bounded north by Raymond E. 11 !j ii Golder, east by other land of Edward Latham, south by Elisha II Haberman, and west by Youngs Road. iI I q , 7:45 P.M. (E.S.T.), upon application of Edwin H. King, ;1 private road, Orient point, New York, for a variance in accord- I ji I Ii ance with the Zoning Ordinance, Article X, Section 1007, Sub- II ii section (d), for permission to re-establish a non-conforming Ilgas station :1 juse which has been discontinued for over two years. Location ;i H !I of property: south side Route 25, Orient Point, New York, I bounded north by Route 25, east by State park property, south :: by other land of Edwin H. King, and west by sergio casavecchia. il Any person desiring to be heard on the above applications II should appear at the time and place above specified. DATED. October 24, 1963, BY order of the southold Town Board of Appeals. * * * h page 2 - Legal Notice PLEASE PUBLISH ONCE, NOVEMBER 1, 1963, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO THE BOARD OF APPEALS, SOUTHOLD, N. Y. copies mailed to the following on october 25, 1963: The Suffolk Times The Long Island Traveler-Mattituck Watchman Oscal Saul, alc Edward Latham Edwin H. King SOMBOME SHOOLD APPEAR AT THE HEARING J0 s.~ /' aU..d TOWN OF SOUTH OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. (;, I b DATE ..jJ?/9'...'!./t. 3 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .......E.(hv.:!J>..R....IU.ng................ .... ..... ....... of ...P.dxa:t~..R.oa<l................................................. Nome of Appellant Street and Number ............................ .Q:r.j.,~mt ..F.Q;i,nj;~............. .::;~fr'?J~.. ~R..... Municipality ...~"")Y..x.'?X~..........HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ................... ............ DATED ...C?c.6...7...'t......./:!r::..~'? WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ( ( ) (~ ) ..... St;~~t'~'~d"N~;;;b~;"'''''''''''''''''''''' i.:i~~.i.~.i~~ iit;...... ............ "St~t~"'"'''''''''''''''''' PERMIT TO USE PERMIT FOR OCCUPANCY ......---'") .,-----. I i.....-c. r~", i t r-",~ Q ~<~,.., {\ <> ~ :S. ';--i.:-i~_ 1. LOCATION OF THE PROPERTY .S/S..Rj;!'i...Z5.,...n"'.w....~ntr.ll,n~!'L.~R..Qr.~~!):t;..$.:t;~:t;."!..!:'!'!-X!!:..... Street Use District on Zoning Mop ~-----:> /1$ d, cI ~ .<': - l Lot No. Mop 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.) Art. X _ SRn lnn7 Snh (d) 3. TYPE OF APPEAL Appeal is made herewith ior (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws 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 0 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 It is zoned Residential. Form ZBl (Cantinue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because There is no other gas stetion at Orient Point with the exception of this one. 2. The hardship created is UNIQUE and is not shored by 011 properties olike in the immediate vicinity of this property and in this use district because No other ".os c;t8tion rd tl in 3 1/2 miles 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it was in operation as a public gas station for many years. A 2500 gallon capAcity storage tank and 2 pumps have been on this location for approx. 30 years. For the past 6 yeers it has only been used for my own personal use. STATE OF NEW YORK ) ) ss COUNTY OF Suffolk ) Sworn to this ..:I:l'flll);t;y"nrll;t;.................... day of.... ....O'c.t~P.~:r.................................. 1 6 /7 / --e ""/1: :1VHW/PuOiIC, ,::.itatc: :':!i'iew y;:;:,~ . /..uai.<...:::r.:..kfI..a~. .'.md"~,"S'tl,.,.C"..O:f..r;:"~l/jj~ZJ Notory Publrc""'" i".r'" ,." J". '~i November 7, 1963 Board of Appeals of the Town of Southold Main Road Southold, New York Dear Sirs: I have read a notice in the Suffolk Times that your Board will hold a hearing on the application of Edwin H. King for a variance for permission to reestablish a non- conforming gasoline station on property on the south side of Route 25 at Orient. I am the owner of a dwelling on the north side of Route 25 in the vicinity of Mr. King's property and as such I oppose any attempt to establish a gasoline station on Mr. King's property. I make my objection for the following reasons: (1) In the first place I note that Mr. King makes his application for a variance under Article X, Section 1007, subdivision d. Section 1007 deals with "non- conforming uses ". It is my understanding that a non-conforming use is a use which was established before the Zoning Ordinance was enacted and was in operation at the time that the ordinance was passed. From my own knowledge I know that at the time that the Zoning Ordinance was adopted and for a great period of time prior thereto no gasoline filling station was located on these premises. Therefore, it is my belief that Mr. King never had a non-conforming use and therefore there is no authority for the Board of Appeals to entertain an application for a variance. (2) In examining the Zoning Ordinance I find that a gasoline filling station is only permitted in a Business District. The premises in question are and always have been located in a Residential District. (3) I call to your attention the fact that in the early part of 1963 Woodhollow Properties, Inc. applied to the Town Board to rezone the premises on the north side of Route 25 in the vicinity of the property in question (former Edwin H. King home). This application was opposed by me and was also opposed by the Long Island State Park Commission. The Park Commission indicated that it was opposed to any commercial establishment at the entrance of a state park. The Town Board denied Woodhollow Properties, Inc. 's application for rezoning. I ask that the Board in determining this application give consideration to all of the facts presented to the Town Board in the matter of the rezoning of the Woohollow Properties, Inc. I would also like to point out to this Board that the premises in question are located at the entrance of a state park and with the exception of a marina the area is devoted to residential and agricultural purposes. A gasoline station in this area would be out of character with the surrounding area. Also I believe that there are no practical Board of Appeals Page 2 - difficulties or unnecessary hardships which would warrant the granting of a variance in this case. As indicated above, it is my belief that if Mr. King's property was not used for a gasoline station at the time of the passage of the Zoning Ordinance, it does not constitute a non-conforming use and therefore there is no authority for the Board to give a variance under Section 1007. George L. Young, Jr. Orient, New York November 7. 1963 Mr. Lester Albertson, Supervisor Southold Town, L.I., N.Y. Dear Mr. Albertson: I am opposed to any varianoe in the zoni118 at Orient Po'lnt. Yours sinoerely. {)lJtL ~~ A. Nelson Chapman COMMISSIONERS STATE OF NEW YORK PERRY B. DURYEA. JR PRESIDENT .'ii:!. I' ;.-.: ri.' ~-~ SIDNEY M. SHAPIRO CHIEF ENGINEER AND GENERAl. MANAGER LANSDELL K. CHRISTIE JOHN M. SCHIFF HA ROLD.J PRYDf-< CHESTER R. BLA.KELQCK EXECUTIVE SJ;:CRETARY G FRA.NK DOUGHERTY COUNSEL TELEPHONE: MOHAWK 9.1000 LONG ISLAND STATE PARK COMMISSION BELMONT LAKE STATE PARK BABYLON, L. I.. N. Y. November 6, 1963 Board of Zoning Appeals Town of South old Town Office Main Road Southold, New York Gentlemen: Our attention has been called to a Notice of Public Hearing on appeal of Edwin H. King of Orient Point for a variance to Article X, Section 1007, Subsection D, of the Town Zoning O~dinance for permission to "reestablish" a gas station on Route 25 adjacent to O:,ient Beach State Park at Orient Point. The former non-conforming gas station at this location has not been operated for many years and should not be "reestablished. " A gasoline station establishment immediately adjacent to the State Park would eventually lead to a general downzoning of this essentially residential area with the usual glaring signs, commercial billboards, etc., and w:Juld create a hazard at the intersection of the park entrance and Route 25. The highest possible zoning should be maintained on properties adjacent to Orient Beach State Park and, as a matter of good planning and zoning, this Commission urges that this area remain in residential use. W.e respectfully urge that the application be denied. Very truly yours, Counsel GFD:hes ~~~ J . ~~.{ //7/G.3 "~"U-' 5 TOWN OF SOUTH OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTH OLD, N. Y. 1, (We) ..... .)';RYY.:!-.l!.. H.t. Jij..l!g.......... ....................... of ... .P.r..:i-Jl:/;:t;!'). .R9~9.................. ..... ......................... Nome of Appellant Street and Number ..................... ... ..Q.J:".:!-.'?l!.t...f.9J.\1t.......... .$.\1f.f.~). k.. (;9 ,............ Municipality l'!!')!Y..Xm::~.............HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................. DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant far permit af .... 'St;~~t'~'~d"N~;';;b~;"""""""""""" MC~'i'~'i~~iit~""" ........ ...... St~t~" ............. ..... '" PERMIT TO USE PERMIT FOR OCCUPANCY ----~------- Orient. 1. LOCATION OF THE PROPERTY .S./S..R:t;~....".5.,...!w."':r...\mj;n\!l~.!l..:t;!'i..~:t;!1:t;!')..p.~r.~................... 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.) _ ArtJ - S~g. lCQ:L...Sub. (d) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. Laws 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 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 It is zoned Residential Form ZBl (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or unneces- sary HARDSHIP because There is no other gas st"tion at Orient Foint with the excention of thir one. 2. The hardship creoted is UNIQUE and is not shared by all properties olike in the immediate vicinity of this property ond in this use district becouse lia other gas station within 3-i- miles 3. The Variance would observe the spirit of the Ordinance ond WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it was in operation as a public gas station far many years. A 2500 gallon capacity storage tank and 2 pumps have been on this location for apnrox. 30 years. Far the past 6 years it has only been used for my own personal use. ~:~:' o~EW':~:oKTh i ~ ..~~~~~mm Swam to this ..........T.l'H':n:tY."nr.~t............ day of.. ... ... ..Q.c.t.ob."r.............................. 1s63 -.,..,,_ c', ~/"..;. . -"K ...-:' /I ~..:;I"" J/: 'ict~p' i~llt': -jt;,!,>: d i'jrw ~'t~it ~~...........~~".!l"1.tj';..r.~::::t.':'~..,~...,.......~r'i:_YI~-d Notary Pub!";;,.,,.,. '. . .",,- - ~~ "J '" ~ t ~~ --g-- ~~ ~ .~ 1 \ I I I I l I I " I ~ .~ 1\ l~ I . I~' ~ : 1 I~ I I J I I I .,.' . l -~----_._- - --~---_'::'....:.-'---------l '7~ I I I TJ- ~ I fl . 1T:' I /Yl...... - - ~t/f'N7 '7~ ~~d ~ $Z?V",JL /~ -'fer ~ f ()' fwt:77 ~ I" " ~t f: /-17 ~ ,-.. I I I I , I , il o o ~~ ~<')- C-v /t:!i-)rV7