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HomeMy WebLinkAbout111ARASINOW_ICZ, THEODORE $111 /7 ~ {.~_ Fishers Island, NY Variance November 5, 1958 $54, 55, 56, Fishers Island Estates, and ' approve! of acqe~s. TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 111 Dated October 14, 1958 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To Theodore Arasimowic~. Fishers Island, New York DATE...:~ .v. ~.m..b..~.r....2..0, 1958 Appellant At o meeting of the Zoning Board of Appeals on November 5t~, 1958 was considered and the action indicated below was taken on your (x) Request for variance due to lock of access to property ( ) Request for a special permit under the Zoning Ordinance (x) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL PERMIT. By resolution of the Board it was der,ermined that a special permit ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection ................ paragraph .................... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (:ll~l:ll~t) produce undue hardship because lots surrounding are of 50 ft. (b) The hardship created (is) (J~l::%~tunique and (~11~1) (would not) be shared by oli properties alike in the immediate vicinity of this property and in the same use district because thez~ is an excavation for a house excavated prior to adoption of zoning ordinance. (c) The variance (does) Jlt;i;~t:~:~lt) observe the spirit of the Ordinance and ::i~4J) (would not) change the character of the district because surrounding property is developed on small lots. and therefore, it was further determined that the requested variance ~ ) be granted ( ) be denied and that the previous decisions of the Building Inspector (X) be confirmed ( ) be reversed Location of Property: Lot No. 54, 55, and 56 on map no. 223, Penins~_la, Fishers Island, New York. Applicant may be permitted to divide his property, lots nos. 54, 55, and 56 on map filed March 11, 1913, so that the lots resulting will be of approximately 76.5 feet front each and may be used for building purposes as undersized lots. Accessis approved for these ~o lots. Form ZB4 TOWN OF ,~OUTHOLD, APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /t ~ DATE ...0.?. ?...O..~,.?,.~.../. ~ 1958 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. .... .............. of ............................................................................ 'Name of Appellant Street and Number ........................ .~.~.e..,~.~....~...a..,~....a~...~. ..................................... -~.~....~.... .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FO~~ PERMIT NO ...... :....: ......................... DATED .................................................... WHEREBY THE. BUlL:DING INSPECTOR DENIED TO Name of Applicant for permit of (x) ( ) ( ) Street and Number M,unic. ipality State PERMIT TO USE and build on Lot o~. 7~e~ Ft. F~ontage PERMIT FOR OCCUPANCY. . . 1. LOCATION OF THE PROPERTY- .......... ?...e...z~..,~.~..~..~....a.. .............................. ..A.....D..~...~..~.?...~..O...~. .......... Street Use District on Zoning Map 223 ~, ~, ,~6 Fishers Island 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.) A~t. III Sec. 303 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 Low Chop. 62 COns. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (1~¢-~ (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 ...................................................................... ('4) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) Form ZBI REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because all lots in vcinity are of 50 ft. class; none over 75 ft. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property ond in this use district because this property is l:)a-~t o:f a file~ ~map ma~e in 1913~ There exists excavation for house between lot 55 zed 56 excavate~ prior to adoption o~ zonnlng ordinance. Applicant acquired title to property in two separate transactions with intent oF dividing same into two lots For building purposes. 3. The Variance would observe-the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area sur~dingt]~LS propez't~r is mostly developed on sm~ll lots of 51 ft. STATE OF NEW YORK ) COUNTY OF ) Sworn to this ...... (.!.~ ............................... day FOI~i~I NO. ~, TOWN OF SOUTHOLD BUILDING D[PARTMENT TOWN CLI~RK'S O~:FICE SOUTHOLD, N. Y. -- NOTIC!~ OF DISAPPROVAL Fi re No ................................................................... Date ......................... Q,~.-.c.Q.*'©..e.;c ,..l...~ .......... 19~J.~. .... To .....~.he~ .~e~.r e-.A.~.as.i m--owic z ..................... ...~2.s~.r.a..la i~ ~...N~ Z ............ : ........... PLEASE TAKE NOTICE that your applic,ation dated .......... ~otober Z~ 19....~ for permit to construct ~48~ ....................... et the premises located at ~.~~..~.~ ~is~8~s...ZSZ~d ..................................... Street Map ........................................ ) ) ) Brock ............................................ Lot ............................................ ~b~~d disopproved on the following grounds · z~;~.~ t.. ~,a~;e...~e~ o~.nit i~..o ~... e,a ~ a s s...~..... ~,~.t .... To'~m Law ./..s.~ ~.o..v..a..~.¢. .. zer~.z. ............................ Building Inspector / Law and the'~.the amended Bulldl~ Zone ~Drdinan~e of the Town I of ~thok~, S~ffolk County, New York, a l~blie hearh~ will be hel~ by the~ Zoning Board of Appeals of the Town of Southold at the Fire House l~shers Island~ New York, on November 19~8 at 1:30 P. M. (E. S. T.) u~on ap~ l p~tca'tion ~f Theodore Arasimowlcz fo. a variance due to lack of access, in ac- Cordance with State of New York Town L~w, Sso~bn 280A, subesotton 3 and a Valance for l)ermtt to us~ and ~build in aecordatice with AWI'~0LE III, .Sec- I tion 30~ pi the F~onil~ Ordinance. This property io~ated on Peblncula S~eet, ! ~lshers Island, )]'ew York, bn ~ap I~'o. ~ Any person desirlr~g to be heard on , the above application should a0pear at ~ flue, time and place above ~pecifled. · Dated 2~rd of October, 1958, by Order }of the Z0uing Board of Appeals of the i Town of Sou~.hold. COUNTY OF SUFFOLK ~ STATE OF NEW YORK I ss. Frederick C. Hawkins, being duly sworn, says that he is the owner and publisher 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 Traveler-Mattituck Watch- man once each week for .....~./~.~..~.~c..'..~.:t/....~.....~. 'weel~ successively, commencing on the .......... .x.~...~'.....L..~;.~.¢'.'. ....... day of ...4~ii..(~..: .......... 19..~.~../..~ Sworn to before me this ....... ?../. .......... day of .... ....... · · ' Notary Public ~ ~ti~ ~ of t~ ~ ~v, It lo ~ ~ers~ right ~ ~y tm~ra~-~ ~ ~. We ~der~ that th~r~ io eo~e q~e~tio~ abo~t the eo~dttion of thio right ef u! and we ~1~ appreeiate your berg pre,eat at the p~blie hearl~ rationed a~e t~ di~ume this eo~ltio~. Very truly yours, bes Mr. R.W. Tasker Mr. S. Doyen, Jr. ~Bert V. Oilliepie~ Jr. Chairm~, South~Id Tows B~a~d ~f Appeals added to Mr. Tasker's copys We found out after talking to you that the right of way is passable up to the poimt of application. I~AL NOTICE Notice of Hearing Pursuant to section 267 of the Town Law and the provisions of the amended Building Zone Ord~nance of t:~he 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 Fire House, Fishers Island, New York, on November 5, 1958 at 1~30 P.M. (E.$.T.) upon application of Theodore Arasimowicz for a variance due to lack of access, in accordance with State of New York Town Law, Section 280A, subsection 3 and a variance for permit to use and build, in accordance with ARTICLE III, Section 303 of the Zoning Ord~r~nee. This property located on Peninsula Street, Fishers Island, New York, on Map No. 223, Lots 5Z,55 and 56. Any person desiring to be heard on the above application should appear at the tine and place above ~specified. Dated 23rd of October, 1958, by Order of the Zoning Board of Appeals of the Town of Southold. PI~SE PUBLISH ONCE, October 30, 1958, AND FORWARD AFFIDAVIT OF PUBLICATION TO THE. B(~ OF APPEALS, % BUILDING INSPECTOR, TOWN CLERK'S OFFICE, SOUTHOLD, NEW YORK. To: Long Island Traveler-Mattituck Watchman, October 25. 1958. Fishers Island Day, Fishers Island, N. Y., October 25, 1958 *Readdressed to New London ~,ay, New London, Conn. by Mr. Doyen. bc: Mr. Theodore Arasimowicz, Fishers Island, New York, Oct. 25, 1958 October 15, 1955 Mr. Thee. Arasimowicz Fishers Island, Dear Sir, Enclosed please find ~ receipt for the $ 1%.O0 fee for your appesl # 111, for variance on IoW at Fish~rs Island. This matter will be takemlup by the Board of Appeals on Oct. ~3rd 195o and you will be advisedlof the date of formal action by them. Thsnk you for your cooperation. Yours truly i Building Inspector TOWN OF SOUTHOLD, NEW YORK ' APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ! I I TO THE Z~)NING BOARD OF APPEALS, TOV(/N OF SOUTHOLD, N. Y. I, (~I~ .................................................................. of ............................................................................ Nome of Appellant Street and Number ........................ ~...~ ..................................... ..~..,....~...e. ......... HEREBY APPEAL TO Municipality 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 for permit of Street and Number Mgnicjpolity State PERMIT TO USE ~ 1;)t~'l~ Oi3 [~:Jt, Oi~ ~6~ I~ l;~'Olif,~j~O PERMIT FOR OCCUPANCY PR PERTY I~M3,t ,~, D'~st.z~O~ 1. LOCATION OF THE 0 .....................~ ................................................................. Street District on ~;~11]3~3~11 TS~:~e 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.) Az¢o ITl 303 - 3. TYPE OF APPEAL Appeal is made herewith for (Z) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 COns. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (h~X:(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 A Variance to the Zoning Ordinance ~s requested for the reason that (Continue on other side) ~ozm ZB1 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because all lot~ in voinity aye of ~0 lie cia,sI none ovex- ?~ l~. 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 th~sl pr~pex~' lot ~ ~d 5b exoava~a prio~ to a~p~ion o~ ~m~f~ o~oe A~C~t a~qui~od ~ti;le ~o p~po~ in t~o a~a~a~e .i~h inter of ~ a~ ~o ~ lots ~ ~t~ 3. The Variance would observe'the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the ax',~ a,az~o1;~l~.r~t,2M].8 px'ope~ is aostly ~oveloped on small iota of 51 ft. STATE OF NEW YORK COUNTY OF,~ ) ss ) Signtbre Sworn to this // ~ .................................................... ................................................ day of ('~ ~ 19 ~