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Home My WebLink About355 TOWN OF SOUTHOLD,.NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .~. ~ .~..~.. ~....~..~.... ~.~..~ l TO THE ZONING BOARD OF APPEALS, TOW¼ OF SOUTHOLD, N.Y. '~, .... ........... i ......... of ...... ............................. Name of ,~ppellant Street and Number ~ ~iverhead New York HEREBY APPEAL TO · Municipality State THE ZONING BOARD OF APPEALS PROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO....~....~. .................... DATED .~.~.~..~.L~...~.~.......l...~.~..t ............. WHEREBY THE ~UILDING INSPECTOR DENIED TO '-- ~A~Z~G & ~0US~ Name of Applicant for permit of ................ ...... Street and Number Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY · ' PROPERTM,, Middle Rd. & Railroad Ave., "B'" Business Dist. 1~ LOC,~TION OF THE ......... · ............................. : ................ : ....... ~ .............................. : ...... - · Street 5 Use District on Zoning Map Map No. ' Lot No. ' 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED {Indicate the Article Secfion, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IV, Section 404 and Section 405 3. TYPE OF APPEAL Appeal is made herewith for (~. 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 (has) .ffl~'~o~ 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 ........ ~.8..~ .................. Dated ....... ~.~...~..e.....2.~,.,.....]:.~..~.(~ ............................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~ A Variance to the Zoning Ordinanc~ to permit the parking or display of farm mac~i.~ery or equipment for commercial-purposes o~ the westerly-sidle of the exi~ti~ concrete block "Show room" building not closer than l0 feet to the existing dwelling and not closer than l0 feet to the Railroad Avenue property line, and on the southerly line not closer than 5' fr~om the Middle Road" line on the frbntyard along the entire 244.85' of the premises, is requested for the reason that the granting of the variance on Appeal No. 288 was limited for the duration of the lease granted Crabree'-.'O'Keeffe Chevrolet, Inc. whereas the premises are now to be occupied by a different tenant, to wit~ Lockwood Grader C~r.p. for use of the premises for the sale and service of (Continue on other siae~ farm machinery and equipment. Form ZBI REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because the premises are improved by a garage, show room and storage buildings which were erected prior to the enactment of the Building Zone Ordinance so that the premises can be used only for the sale and service of farm machinery, or equipment, or a similar business, which cannot operate without the open dis- play of farm machinery and equipment as close to the property lines as possi- ble. This is particularly true along the southerly property line which is actually from 30' to 75' north of the paved portion of Middle Road. 2. The hardshipcreotedis UNIqUE andis notshared by oil properties alike in the immediate vicinityofthispropertyandinthisusedistrict ~cause the business buildings on the premises were particularly designed for the sale and service of farm machinery and equipment, and are of no use unless this variance is granted. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the premises are in a "B" Business Dis- trict in which public garages or automobile service stations are specifi- cally permitted when approved as a special exception by the Board of Appeals, ~i~x~g~x~x~~x~x~x~±~r~i~x~m~x~ which Special Excep- tion the Board has already approved. Furthermore, it would not change the 'character of the'district because'the garage and show room building is al- ready on the land, and, in addition, there is already an automobile service station on the corner diagonally opposite from the premises. For additional reasons reference is herezn made to a companion application of even date for a Special Exception in connection with these premises. STATE OF NEW YORK COUNTY OF SUFFOLK SS FANNING & HOUSNER .................. Part~er '(Signature) ~ Sworn to this ............ ..4..t...h......i ..................... ~da¥ of ................... *~P.E.~, ..................... 19 61. Notic~ of Hearing Pu~s~ant to Section 2~ of the ,T~wn ~w ~d the ~o~o~ of ~e ~end~ B~E~ Z~ Or- eo of the ~ ~ ~u~d, jSuff~k Co~, ~ Y~, public [~ ~ ~ held by ~e Zon- ~lng B~ of App~M of %h~ To~ of ~uth~d, et the T~ Clegk Office, ~n R~d, ~thold, New York, on A~ 20, ~1951, on ~owl~ app~ls; ~:30 P. M. (E. S. T.), ~n )lication o~ ~ene M~z~erro. a/c Catholic War. Veteran, P~st N~. 730, Gr~n~rt, New York, for a va~e ~ ac~rd~nce ~ the Zoning Ordin~, A~cle H, Sec- %~n 202, for~ ~i~ion ~ opera~ : a ~por~ry ~.~em~t en~r- p~se in an "A" ~idential ~d Agricultural ~strict. ~cation ,property: e~t si~e Mog~'s-D~e, ~efip~t, New Y~rR~- bounded ~no~h ~y Vll~e of Greenpart ~M~?ipal ~ht Plant, e~t by A. : ~r~g, Sr. and L~ Sl~jesM. south : by H. L..~1~ and A. ~rzog ~r., ~and w~t by Moo~e'~ Lane. 7:~. P. Mf (E. S. T.), upon ap- J~plication of Fann~g & Ho~ner, :209 FMhel Avenue, Riwrhead, New . ~ork, f~r a special e~ception in ~rdance with ~e Zo~g Or~- anco, A~icle ~, Section 400, Sub- s~tion 9, for pe~sion to .use p~m~es ~ a public garage ~ con- ~ection with the sale arid so,ice of f~ m~ery ~nd eqEpment. ~cation of prop~y: ~rthe~t ~rner of Ra~naad Avenue and Middie ~ad (~ty ~te 27A), ,Southold, New York,¥ bonded no~h by ~gen. e~t bf GaFen, ~outh by Middle ~ad (County Route 27A, and ~est by Railroad Avenue. 8:15 P. M. iR. S. T.), u~n ap- pl~on of Faming & Housner 209 ~hel Avenue, Riv,er&ead, York, for a va~nce ~ ~cc~dan~ i~th the Zon~ Or,anco, ~le ~, S~t}on $04 and 405, for per- minion ~ reduce requir~ ~nt ya~. ~cat~on ~ ~o~rty: ~orthe~t ~mer of R~oad Aw- nae and ~d~e ~ad, (~ty ~u~ 27 A), Sou~old, New York, bounded no~h by ~en, e~t by ~gen, soath by ~ddle (Oou~ty ~u~ 27A) ~d west by ~aflroad Aven.ue. ~ ~Fp~n desi~ to be he2rd ~ tt~e above appll~tio~ should appe~ ~t ~e time' ~d above sp~lfied. DASD: Apr~ 6, 1961 by Order[ of ~e ~uthold T~ ~oard[ ~of Ap~aM. · ltA14~ STATE OF NEW YORK, COUNTY OF SU~FOLK, ~ ss: ......... -~----~-----~----~-..~..._...,-- being duly Sworn, says that ........./~- f]~.:[.., is Ih-inter and Publisher of tho SuI~FOLK' TIldES, a newspaper published at Greenport, in said county; ann that the notice, of which the a~uexed is a printed copy, bas been published in the sa/d Suffolk Times once in each week, for - - ~ .............. week~, successively commencing on the ......... day of ................ ~ ...................19.~. ....... ............ Sworn to before me this ....~....~......E~ ..,_.....] ,lay of. '" ....... lvOPolVI NO. 3 & TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. ',....3.~.~ ..................................................... Date ......................... Ap~./1,....~ ............ 1961._ To .Fanning..&..~Ious~er ................................ ...... 209_ .k;~shel..Av.e .................................. ........... H~v~head ~.....~.Y.. ........................ PLeASe TAKe NOTICE thor your opplicotion doted .................... : ......... Apr.ll....~..... 19...6L for permit to E~IF,~fX..r. ec%uce..front..¥al~clt h~c~ises located at ...... N/S..Middle..Road ..... &.Eas.t ..8i~e.. Yo~,~.s.. Ave ........... Street Southold~ N.Y. Map ........................................ Block ............................................ Lot ............................................ is returned herewith and disapproved on the following grounds opma-..S.r on %..yo~l.. ar e~...~.n-, a.. ~u~[.no ~ s.. ~t ~tr.&a.t ........................................................ ISIDORE SCH EINBERG SAUL WOLF SCaEI~BE2g, WOLF, LX?~ & Dff' PETRIS 220 ROANOKE AVENUE April 24, 1961 Town of Southold Building Department Town Clerk's Office Southold, N.Y. Attention of Mr. HoWard M. Terry Building Inspector Re: Fanning & Housner Dear Mr. Terry: Enclosed you will find one copy each of Fanning & Housner's applications for a special exception and variance, respectively, for your file. You may recall that on Thursday, April 20th, the Board of Appeals Chairman suggested that I should have filed the applications in duplicate. This will complete your file. Thanks for your cooperation. IS:mm Yours ,LEGAL NOT IC~, ~otice o~ ~ea~ing Pursuant to Section 267 of the Town'Law and the prov~sions !~f rheA mended Building Zone Ordir~ance of the Tow~of SoUthold, Suffolk County, New York, public hearings will be held by the '~Zoning Board of Appeals of'the Town of Southold, att he Town ~lerk Office, Main ~oad, Sou2hold, New York, on A~r~l.20, 1961, on the following appeal$~ 7=30 P.M. (E.$oT.), upon a~plication of Eugene Mazzaferro, a/c Catholic War Veterans, Post No. ?30, Greenport, New York,' ifor a variance ~n accordance With the Zoning Ordinance, Article IX, Section 202, £or l~ermission to operate a temporary amusement ;enterprise in an "A' ResidentiaI and AgricUltural District. 'LocatiOn of propertyt east side Moore's Lane, Green~ort, New York, bounded north by Village of Greenport Mtmicipal Light Plant, .~east by A~ Herzog, Sr. and Leo Sled]esk~, south by H. L. Kalin, ~:and A. Herzog, Jr., and west by Moore's Lane. ?=45 P.M. (E. S.T.), u~n a~li~ttiCA of Fanning & Housner, 209 Flshel Avenue, R~verhead, New York, £or a specisl exception in accordance w~th the Zoning Ordinance, Article IV, Se'crOon 400, $~ection 9, for ~ssion to use ~rem~es a~ a ~l~c garage ~ connection w~ ~e sale and'fe~ice of .fa~chAnery and ~u~nt. ~cat~on of pro~rty; northeast corner of Avenue and M~d~e Road (County Route 27A), Southold, New York, ~un~ nor~ by Gagen, eas~ ~ Gagen, south~M~d~e Road (County Route 27A), ~d west by Railroad AVenue. ~Page 2 - :~'~ecj'a'l ~otice 8z15 P~M. (E.S.T.), u~On application of Fanning & Housner, 209 Ftshel Avenue, Rlverhead. New York, for a variance ~nac¢ord- 'ance with the Zoning Ordinance, Article IV. Section 404 and 405, . £or permission' to reduce required front yard. Location of I~property~ northeast corner of Ra~Llroad Avenue and Middle Road, (county Route 27A). Southold, New York, boun~ed north by Gagen, east by Gegen, south by Middle Road { COUnty Route 27A), and west' by Railroad Avenue. Any per son desiring to be heard on the above applications should' appear at the t/me and place above specified. DATEDt Apr~l 6, 1961. B7 Order of th~ Southold Town Board of Appeals. Copies mailed to the following on Apr.~l 7, 1961: The Long Island Traveler-Mattituck.Watchman The suffolk T/mes ~ugene Mazzaferro, a/c Catholic War veterans, isidore Scheinberg& a/c.Fanning & Housner Post 730