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Home My WebLink About288~LEGAL NOTICE :~; - NOTICE OF HEARING · pursuant to Section 267 of the To~,~n La~v and the provisions of the Amenc[ed I]~.~nn,¢ ;one Ordi~nce of the TO~ of ~uthold, Suffolk County, New York, i public hearings will be held by the ~Zo~ng Board of Appeals of the 'of ~utho!d at the Town Clerk's Office, ~in Road, ~outhold, ~Ne~ York on July ~, 1~0, on the following ap~a~: 7130; P. M. (E,D.S,T,)~'~n appOr- tion 0f Willia~ Wel~ ~'~in ~ane, Sou~ld New York, fo~'~a~ Article ~II, Section 3~o~ p~Ssion~ ~to reduce side yard s~b~q~ on No. 55, Bay Haven, Sgu~0~'~Yo Avenue, Riverbed, New ~ork, for a 'v~lance in accordance' with the Zon- ing ~ance, ~ticle ~ S~t~on 404 and S~t~on 450, for ~on ~ r duce front year setbac~ r~ment for use as commercial~d~splay area. cation of pro~rty: N~ now form- erly of Gagen, e~t by ~ or formerly (County Rou~e 2~west by Railroad or Youngs.~v~n~ ~uthold, Any per~n desiring ~ ~ heard on at the ~e ~d .pl~e above specified. COUNTY OF SUFFOLK STATE OF NEW YORK $$. W'alter 8. Gagen, being; duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MAT]'ITUCK WATCHM..AN, 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-Mottituck Watch- man once each week for ...~.~.,,¢~.~..~..~......._weeks successively, commencing on the ...... , ............................... day of .~_/~.~. 19....~..~) Sworn to before me this ..... ./..~day of ..... .... Notary Publ~ : (/ ADELE P^YNE Notary Public, State of New,York No. 52-304[00~, Suffolk Cobnty ~ommission ~pires March 30~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~'~ ~'~ DATE 'TO THE 'ZONING BOARD OF APPEALS, TOWN OF SOUT~OLD, N. Y. ~" (W:e) ..F~NI~..~..~0~E.....'.~.:.:;...~ ....... of ..~Og..Eis~el..~'e~e,....[ .......................... , ~ Name of-Appellant. -: . Street and Number . . ................... ~A~ .............................. ~ ........................... ~.~.~, ......... HEREBY APPEAL TO Municipality State ; THE ZONING BOARD OF APPEALS F~OM THE DECISION OF THE BUILDING,'INSPEC~R O~ .............. WHErEbY THE BU~LO~N6 ~NSPECTO~ DEN~ED TO ': ............... '~;~;"gf"~i~gh'['?'~'f"~';~f of ' 209 F$~h~i...A~U~., ............. RiF. crhead, ................ zN;Y. .................... '"Street and Number Municipali~ ~tate (x) . .. (':) PERMIT FOR ·OCCUPANCY . .: - Street - Use Dis~_ric. t on Zoning 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 Ordioance.) Article IV, Section ~O~ and 8eet~n~ 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE du.e 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 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 to permit the par~±ng or display o~ automobiles within the 2~' front yard on Middle Road, and within th~ 25' front yard on Railroad Avenue south of the driveway which is south of the residence on the property. is requested for the reason that (Continue on other side) Form ZB1 REASON FOR APPEAL Continued 1. :STRICT' ,~PPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP because the premises are improved by a garage and showroom which was erected prior to the enactment of the building zone ordinance so that thei premises can only be used as an automobile sale? agency or similar busin.ess which cannot operate without the-~open 8isll~y of- automobiles up-to the property line~ This is particularly true as the property line is already from 30' to 75' north of the paved port.io.n of Middle Road. -.:j .... 2. The hardship ~:reated is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because there is alreaay a building on the premises which was designed as a .garage and showroom, which building is of no use unless this variance is granted. 3. The Voriance 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 specifically permitted when approved as a special exception by the Board of Appeals~ which Special exception the Board has already approved. Furthermore~ it would not change the character of the districtrbecause the garage and showroom building ':':is :al~eady':on ~h~ lan~, an~:in 'additi'on'there is already an automobile service station on the corner diagonally opposite from the premises. FANN-ING & HOUSNER STATE: . '.OF ]'::NEW ':YORK'- ))' 'ss ' 'B ..................... ~. ........... , ........................... ' '-: //:- - ' ': "s~natbre": ' ·'Partner Sworn to this ................. .2.~.~.~.. ..................... day of .................. .~....lrl~...e. ........................ 19 60 Notary Public ~WiN $. ~APHAi~ !W~ary PuhYc, State of New NO. ~4~, Suffolk ~ ''~n ~xolr~ March ~. FORi~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File N o ..... ~.ppe. a~ ..~...2J~8 ................................. Dote ........................ ~'U~te.....2-.~ .............. 19.60.. ToEd.w~n.~S,..Lapham.-A/G.-Fan~n~" &-.Housner ..... Ittverhea~.'-"~,-Y', ............................... PLEASE TAKE NOTICE that your .application dated ........................ J~ln~..2,~ ............. 19...60 for permit to ¢~]~l~..l~$e..~I,~ozt-~.-~az~ ...... b~he premises located at ..[~-,~d~.l~-.RGe,~..&. .... .1~ f~l, ],~.C~8,Cl.. A~e. ....................................... Street Southoldt 1~I, ¥o i Map ..... X-~s:~ ........................ Block ...... XXiX .............................. Lot..XIiX ......... i ......................... is r~disapproved ~n the fo[lowing 9rounds .... Gb~X~l~i'~tl''Gf''''~lie ............ .fr. ont.. yard ar~ a...is..no ~,..p er.m~ t.~ed., g~'...o~mme~i~t' "PumP~S~s ........................ .... Building I nspec,'tor ~ June 30, 1960 Edwin S. Lapham, Esq. 220 Roanoke Avenue P. 0. Box $99 Riverhead, New York Dear Mr. Lapham~ In checking our £iles we find the fee for Appeal No. 288~ appl~catio~ for ~ variance by Fanning and Housner, has not been received. This $15.00 fee must be received prior to the public hearing. If you wish, you may bring it with you the night of the p~l~c hear/rig. Very truly yours~ Judith T. Boken Secretary, Southold Town Board of Appeals LEGAL NOTICE Notice of Hearing Pursuant to Section 267 of the Tow~ Law and the provisions of the Amended 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 July 7, 1960~ on the following appeals: 7~30 P.M. (E.D.S~T.), upon application of William Wells, Gin L~ne~ Southold, New Yo~k, for a variance in accordance with the Zoning Ordinance, Article III, Section 307, for permission, to r~duce side yard setbacks on Lot No. 55, Bay HaVe, Southold, New York. ~ 7:45 P.M. (E.D.S.T.), upon application of Fanning & Housner, 209 Fishel Avenue, Riverhead, New York, for a variance in accord- ance with the Zoning Ordinance, Article IV, Section 404 and Section 405, for permission to reduce front yard setback require- ment for use ascommercial display area. Location of property: North by now or formerly of Gagen, east by now or formerly.of Gagen, southby Middle Road (County Route 27A), and west by Railroad or Youngs Avenue, Southold, New York. Any person desiring to be~ heard on the a~ove applications should appear at the time aM place above specified. tDATED: June 27, 1960, By Order of the. Sou~old Town Board of Appeals. PLEASE PUBLISH ONCE, JUNE 30, 1960, ~ FORWARD AFFIDAVIT IlOF PUBLICATION IMMEDIATELY TO T~E SOUTHOLD TOWN CLERK OFFICE, ATTENTION BOARD OF' APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copy of legal notice mailed to the following under date of June 27~ 1960: The Long Island Traveler-MattituCk Watctuman Walter Kapp, Esq., a/c William Wells Edwin S. Lapham, Esq., a/c Fann'ing & Housner SCHEINBERG, WOLF, l,APIti/~i ~ I)E COUNSELORS AT n~w 220 ROANOXE AVENUE I{IVERB~,~, NEW YORK June 2~, 1960 Hon. Howard M. Terry, Building Inspector Town Clerk's Office Southold~ New York Dear Mr. Terry: Re: Fanning & Housner We enclose herewith in duplicate petition for a variance with reference to the Fanning & Housner property at the corner of Mid- dle Road and Railroad ~venue~ Southold. We trust that it will be possible to have this matter on the calendar for July 7th. We should appreciate having a copy of the legal notice when it is published. Very truly yours, SCHEINBERG., W0.LF, LAPHAM & DePETRIS ESL :doh Encs. \ \