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Home My WebLink About271 LEGAL NOT~CE NOTICE OF H~ARiNG ~" pursuant to Section 267 o~ the TownI Law and t~he provisions of the, Amended Building ~ Z0~,~ O~d~nance of the Town of Southold, Suffolk Coun,tyq New York, public hearln~ ~ill be held by the Zoning Board of Appeals of thei Town oI Southold at the ~o~ ~lork Office, ,Main Road, Southol~,~ New York on May 5, 1960, on th94f4~owing, appeal: ~;30 P. tion of ,Joseph G~tierrez~31';, 6fS~SoUth! llth S~eet, New H~de Park, New, York, for a yarian~in'~a~c~rdance with the Zoning Ox~inance, Article III, Section 300, Subsect~n~tf~r per- mission to locate priv~ ~ar~e with reduced setback. Loca~i-~f p~'operty west side private road pn~outh side Bayview: Road, Southol~l,!l~ew York, by Oer~de Kuck and r~f-way,~ south by corey Cree~, &e~ed canal Any ~rson.des~l~ to'~,heard on~ the a~ve appHca~on sh0~ld'~PP~r ~t the time ~d pla~ a~ve ~ified. ' DA~'~D: April 22, 1960. By ~der of the Southo~ Town~ ~ard of Appe?s. COUNTY OF SUFFOLK ~ STATE OF NEW YORK tss' 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..~.,~.~..¥f~....~..~...~'. ..... weeks / successively, commencing on the .............. ~....~....~ .... day of ..~..~..~:.~. ........ 1 .c~... .... ........... Sworn to before me this ........ ~.J ....... day of · .......... ............... ..... ADELE PAYNE No, 52-3041000 Commission Expires ~arch ~0, 19! ~'/ (~TOWN OF SOUTHOLD, NEW YORI~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ TO THE ZONING BOARD OF APPEALS, TOWN .OF SOUTHOLD, N. Y. ,~ ½/ '- ............... /i~a ~"~f ~,~::il;;~;t .... '"~'- ..................... ~[~]~ ]~]"~'d~'~Z ................... .............................. ~ [~';p'~'l'i¥~' ............................................... ...... : .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO ...... ~o~e of Applicont {or per~i~" ...... .................... Street end ~umbe~ ..... ~oli~ .... StYe ) PERMIT TO USE PERMIT FOR'OCCUPANCY ' ' "~' ,~, · ~ .... ~ .......... ~'[~;; ........... ................................................................................ ~ .... ~op ~o. ~ kot ~o. ~ ~ · 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 tF{f Ordinance.) Aie~- ...;ZZ7~ ~ f/o~,, ~oo s ~, z? z~,~, 7 '3. TYPE OF APPEAL Appeal i~ made herewith for (~ ~'~, VARIANCE to the Zoning Ordinance or Zoning Map ) A VARIANCE du.e"f6 '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 I~spector or ~vith respect tq this property. ' Such appeal was'(' ) r~quest'fo~ a special permit (~) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 b'C'~"'A Variance to the Zoning Ordinance requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 2. lhe hardship created is UNIQUE and is not shored by oll properties alike in the immediate vicinity o( this property aad in this use district because ...... ' ~. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C,ARACTER OF THE D,STR,CT becouse ~.m Z;~/ ~ ~/'~~ STATE OF NEW YORK ) ) ss~. COUNTY QF/~'/~,,f',,~7 ~' ) '~" Sworn to this ................... 2,2 ..................... Joy Not~v.,P~ublic ~utary public, State of No. 30.9343500 Qualified in ~4assau Coun'i~ Term F..xpires ~aJ'i~h 30, NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. Let. te:..~f..~.~.ch.....~...19~O ....... Date .......................... .[~l~Ch....]..~. ......... 19.6.0.. PLEASE TAKE NOTICE that your application dated ................... ~ ....... 1,~ .......... 19.6.0... for permit to construct ....~[~.~...[~..~..~.~.g.e.. ............. at the premises located at --~B-..~g.t..¢~,l..& ~.~.. ,P~..t../~.0.~,. ~B...~¢.....V. ~.~W.. RdSt reet ~otlthold ~ ~. Map .. ~.e~r~s]~l. .................. Block ............................................. Lot ........................................... : is r disapproved on the following grounds ......... ... ~rom.. ac.ee~s..~oado ....... .~.t...III ~...S~c.tion....30~..~uh..s ec.l~on..7. .......................... LE~ALNOTICE Notice of Hearing Pursuant to Section 267 of the Town Law and the provisions ~f the Amended Building. Zone Ordinance of the Town of SoUthold, ~uffolk County, New York, public hearing will be held by the '~oning Board of' Appeals of the Town of southold at the Town ~lerk Office, Main Road, Southold, New York, on May 5, 1960, a ~n the following appeal: 7~30 P.M. (E.D.S.T.), '.~15 South llth Street', New Hyde Park, New York, for a variance in .,~ccordance with the Zoning Ordinance, Article III, Section 300, ubsection 7, for permisaion to locate private 'garage with reduced ~etback. Location o£ property: west side private road on 'south ~ide Bayview Road, Southold, New'York, bounded north by Elaine ~xien, Eaet by Gertrude Kuck and right-of-way, -south by Corey upg. n application of Joseph Gutierrez, Jr. ~reek, and west by dredged caaal. Any.person desiring to he heard on the above application should~ ~pear at. the time and place above spec~fied. I ~ATED: April 22, .1960, By Order of the Southold Town Board of AppeaLs. PLEASE PUBLISH ONCE, APRIL 28, L960, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION IMMEDIATELY TO THE BOARD OF APPEALS, ¢/o TOWN CLERK OFFICE, MAIN ROAD, SOUTHOLD, NEW YORK. .**** Copies mailed to Long Island Traveler-Mattituck Watchman and bse~h Gu~errez. Jr..' on APril 22. 1960. SONEONE SH~~ APPEAR AT ~THE HEARING 28, 1960 ~Lr. ~oseph Gutierrez, ~r. 615 Sou~ llth Street New Hyde Park, New York Dear Mr. Gutlerrez~ Before publish/rig the legal not/ce for a public hearing upon your application ~or a variance in order that you might construct a garage without the boundaries established by our Building Zone 0rd~nance we wish to call to your attention that an attached garage is con- sidered part of the present building provided the side, rear and front yard provisions of the ordinance are met. Thls Board has no authority to grant a variance unless the applicant can PrOVe undue hardship or practical difficulty and a unlque hardship and that no change tn the Character of the district will ensue, and the spirit of the Ordinance is observed. All o~ these condit~ons must be answered in the affirmat~ve. A hardship co~uon tO all or a benefit accur~ng to one p~ece of property where all other properties are left with a restricted use would not be legal grounds for a variance. A v&riance goes with the land and is not a personal license. ~age 2 - l,~o ~oseph Gutierrez, ~r, With these facts in mind we are returning your fee check for possible-second thoughts on your part reminding your however~ that i£you desire to proceed with your appeal you may return your check and the board will set a date for your hearing and publicatio~ of the public hearing will be ordered and you will be notified in the customary manner. If you would like to come before the board for an informal discussion of your.problem you will find a cordial welcome~ Very truly yoursr Enclosure Robert W. Gillispie, Jr. Chairman, Southold Town Board of Appeals r/Jb March 1~, 1960 Mr. Joseph Gutierrez 61% S. llth St New Hyde Park~ N.Y. Dear Sirs In response to your inquiry by letter dated March 12, 1960 RE: building a private ~arage with setback of 10 ft from private access road - S/S Bay View Road - Southold, N.Y.$ Please be advised that this does not meet the requirements of the ordlnance~ Art III, Sec 300 -~7 F~nelosed please find an official denial of this request~ and the necessary forms as~requested for an application for a variance. The fee for filing for a variance is $ 1%.O0 to be submitted with the application made out in duplicate~ A hardship must be proven under item 1 on reverse side of application. The application will be processed at' the next meeting of the Board of appeals and you will be notified ot the.time and place of the hearing. Yours truly Building Inspector. ,L / / / ? \ \ / /