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LEG~ NOTICE
Notice of Hearings
Pursuant to Section 267 of the Town Law and the provisions
of the A~ended Building Zone Ordinance of the Town of Southold,
New York, public hearings will be'held by the Zoning Board of
Appeals at the TOwn Office, Main Road, Southold, New York on
Thursday, December 2, 1976, on the following appeals:
-1
8. 0 P.M. (E.S.T.) upon application of Lois J. Thorp, 200
Gardiners Bay Estates, East Marion, New York (Irving L. Price, Jr,
Attorney) for a variance in accordance with the Zoning Ordinance,
Article III, Section 100-31 and Bulk Schedule for permission to
set off lot with insufficient width and area. Location of
property: e~st side West Lane, East Marion, New York, bounded
on the north by T. Siculiane; east by Daly; south by Dixon; west
by West Lane.
8:20 P.M. (E.S.T.) upon application of Letitia Yarusso,
10060 Sound Avenue, Mattituck, New York for a variance in accord-
ance with the Zoning Ordinance, Article XI, Section 100-118 D & E'
for permission to repair or replace existing non-conforming
building. Location of property: 1470 Factory Avenue, Mattituck,
New York, bounded on the north by C.R. Courts, Jr.; east by F.
Helf; south by W. Corwin; west by Factory Avenue.
8:30 P.M. (E.S.T.) upon application of Jonathan C. Browning
and wife, Little Neck Road, Cutchogue, New York for a variance
in accordance with the Zoning Ordinance, Article iii, Section
100-30 and Bulk Schedule for permission to set off lot with in-
sufficient area. Location of property: east side Little Neck
Road, Cutchogue, 'New York, bounded on the north by J. Kujawski;
east by Strohson Road; south by W. E. Taylor and S. W. Stepnoski
west by Little Neck Road.
8:40 P.M. (E.S.T.) upon application of Lilli?n Qualls,
Main Road'~ Laurel, New York for a variance in acc~brdance with
Legal Notice
-2-
Hearings: December 2, 1976
the Zoning Ordinance, Article III, Section 100-30 and Bulk
Schedule ~or permission to relocate house on undersized lot.
Location of property: Main Road, Laurel, New York, bounded on
the north by Main Road; east by M. Sawicki; south by G. McCarthy;
west by G. McCarthy.
8:50 P.M. (E.S.T.) upon application of the Board of Educa-
tion, Greenport Union Free School District, Front Street, Green-
port, New York for a variance in accordance with the Zoning
Ordinance, Article III, Section 100-31 and Bulk Schedule for
permission to set off lot with insufficient area. Location of
property: Front Street, Greenport, New York, bounded on the
north by other land of applicant; east by K. peterson; south by
Main Road (Route 25); west by Katin, Jernick.
9:00 P.M. (E.S.T.) upon application of Leonard Ma~elewski,
Sr. and wife, 416 Fifth Street, East Northport, New York for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule for permission to divide prop-
erty with insufficient area. Location of property: Hamilton
Avenue, Cutchogue, New York~
Filed Map ~539.
9:10 P.M. (E.S.T.) upon
Nassau Point Road, Cutchogue, New York for a variance in accord-
ance with the Zoning Ordinance, Article III, Section 100-35 B
for permission to construct fence exceeding maximum height.
Location of property:
Lot %70, Nassau Point;
9:20 P.M. (E.S.T.)
Lots 25 through 28, Ravatone Realty,
application of Rosemarie C. Burnside,
Nassau Point Road, Cutchogue, New York;
Map ~!56.
upon application of Cornell Construction
a/c Frank and Frances Rizzo, 1823 Parkview Avenue, Bronx, New
York for a varmance in accordance with the Zoning Ordinance,
Article III, Section 100-30 and Bulk Schedule for permission to
construct dwelling with insufficient side-yard setback. Loca-
tion of property: north side Soundview Avenue, Southold, New
York, bounded on the north by Long Island Sound; east by Dubin;
Legal Notice
-3- Hearings:
December 2, 1976
south by Soundview Avenue; west by Mulvaney.
9:40 P.M. (E.S.T.) upon application of Goldsmith Building
and Construction, inc., Main Road, Southold, New York for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule for permission to construct
dwelling with insufficient side-yard setback. Location of
property: north side Chestnut Road, Sou%hold, New York, bounded
on the north by D. Moore; east by H. Metzendorf; south by Chest-
nut Road; west by J. Fontana.
Any person desiring to be heard on the above appeals
should appear at the time and place above specified.
Dated: November 19, 1976 BY ORDER OF THE SOUTHOLD TOWN
BOARD OP APPEALS
PLEASE PUBLISH ONCE, NOVEF~ER 24, 1976, AND FORWARD NINE (9)
AFFIDAVITS OF PUBLICATION TO THE SOUTEOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on November 19, 1976:
Irving L. Price, Jr., Esq. a/c Lois J. Thorp
Letitia Yaruss~
Jonathan C. Browning & wife
Lillian Quatis
Board of Education, Greenport
Leonard Madelewski
Rosemarie C. Burnside
Cornel! Construction a/c Rizzo
Goldsmith Building and Construction, Inc.
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Southold, New York, public
hearings will be held by the
Zoning Board of Appeals at the
Town Office, Main Road,
Seuthold, New York on Thursday,
December 2, 1976, on the
following appeals:
8:10 P.M. (E.S.T.) upon ap-
plication of Lois J. Thorp, 200
Gardiners Bay Estates, East
Marion, New York (Irving L.
Price, Jr., Attorney)for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-31 and Bulk Schedule
for permission to set off lot with
insufficient width and area.
Location of property: east side
West Lane, East Marion, New
York, bounded on the north by T.
Sictdiane; east by Duly; squth by
Dixon; west by West Lane.
8:20 P.M. (E.S.T.) upon ap-
plication of Letitia Yarusso, 10060
Sound Avenue, Mattituck, New
York for a variance in ac-
cordance with the Zoning Or-
118 D & E for p~ missim~ t0 repair
or replace existing non-
conforming building. Location of
property: 1470 Factory Avenue,
Mattitnck, New York, bounded on
the north by C.R. Coutts, Jr.; east
by F. Heif; south by W. Corwin;
west by Factory Avenue.
6:30 P.M. (E.S.T.) upon ap-
plication of Jonathan C.
Browning and wife, Little Neck
Road, Cutchogue, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission toset off lot with
insufficient area. Location of
property: east side Little Neck
Road, Cutchogue, New York,
bounded on the north by J.
Kujawski; east by Strohson
Road; south by W. E. Taylor and
S. W. Stepnoski; west by Little
Neck Road.
6:40 P.M. (E.S.T.) upon ap-
plication of Lillian Quails, Main
Road, Lat~el, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
· for permission to relOCate house
on undersized lot. Location of
property: Main Road, Laurel,
New York, bounded on the north
oMROad; east by M.
uth by G. McCarthy;
cCarthy.
~ (E.S.T.) upon ap-
f the Board of
Greenpert Union
ol District, Front
Street, Greenport, New York for
a variance in accordance with the
Zoning Ordinance, Article III,
S~tian 100-31 and Bulk Seheduie
for permission to set off lot with
insufficient area. Location of
property: Front Street, Green-
port, New York, bounded on the
north by other land of applicant;
east by K. Peterson; south by
Main Road (Route 25); west by
k~alin, Jernick.
9:00 P.M. (E.S.T.) upon ap~
plication of Leonard Madelewski,
Sr. and wife, 416 Fifth Street,
East Northport, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to divide proper~y
with insufficient area. Location
of property: Hamilton Avenue,
Cutchogue, New York; Lots 25
through 28, Ravatonei Realty,
Filed Map No. 539.
9:10 P.M. (E.S.T.) upon ap-
plication of Rosemarie C. Burn-
side, Nassau Point Road, Cut-
chogue, New York for a variance
COUNTY OF SUFFOLK.
STATE OF NEW YORK. ~ ss:
S~uart C. Dorman
...................................... being duly Sworn.
says that ...h.~... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES. a newspaper published at Greenport. in said
county; and that the notice, of which the annexed is a printed
copy. has been published in the said Suffolk Weekly Times
once in each week, for One (].) weeks
successiv,ly commencing on the ...T~..e.a.~..y.-.~..o.u?.~.h. .......
day of . .Np.v..~.m..b~.~.-:..~ . 1976
to this .. .....
n accordance with the Zoning ~A~/. 19. ~4~
i)rdinance, Article III, Section
~00-35 B for permission to con-
struet fence exceeding maximum
height. Location of property*
Nassau Point Road, Cutchogue,
New York; Lot No. 70, Nassau
Point; Map No. 156.
9:20 P.M. (E.S.T.) upon ap-
plication of Cornell Construction
a-c Frank and Frances Rizzo,
1823 Parkview Avenue, Bronx,
New York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 and Balk Schedule for per-
mission to construct dwelling
with insufficie~t side-yard set-
back. Location of property: north
side Scundview Avenue,
Seuthold, New York, bounded on
the north by Long Island Sound;
east by Dubin; south by Sound-
view Avenue; west by Muivaney.
9:40 P.M. (E.S.T.) upon ap-
plication of Goldsmith Building
Construction, Inc., Main Road,
Southold, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to construct
dwelling with insufficient side-
yard setback. Location of
property: north side Chestnut
Road, Scuthold, New York,
bounded on the north by D.
Moore; east by H. Metzendorf;
south by Chestnut Road; west by
L Fantana.
Any person desiring to be heard
n the above appeals should
appear at the time and place
above specified.
Dated: November 19, 1~/6
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1TN.?A-2521
1VANCy R. DOUGLASS
NOTAI~y ~UBLIC. State of New York
~eslding in Sulfo}k County
~lks. No. 52-60886,35
Commission E~irem l~axch 30, 1~
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone Ord-
inance of the Town of Southold,
New York, public hearings will be
held by the Zoning Board of
Appeals at the Town Office, Main
Road, Southold. New York on
Thursday, December 2, 1976~ on
the following appeals:
8:10 P.M. (E.S.T.) upon ap-
plication of Lois J. Thorp, 200
Gardiners Bay Estates. East Mar-
ion. New York ~lrving L. Price,
Jr., Attorney) for a variance in
accordance with the Zoning Ord-
inance. Article IlL Section 100-31
and Bulk Schedule for permission
to set off lot with insufficient
width and area. Location of
property: east side West Lane,
East Marion. New York, bounded
on thc north by T. Siculiane: east
by Daly: south by Dixon: west by
West Lane.
8:20 P.M. (E.S.T.) upon ap-
plication of Lefitia Yarusso~ 10060
Sound Avenue, Mattituck, New
York for a variance in accordance
with the Zoning Ordinance, Art
icle Xl. Section 100-118 D & E for
permission to repair or replace
existing non-conforming build-
ing. Location of property: 1470
Factory Avenue. Mattituck, New
York, bounded on the north by
C.R. Courts. Jr.: east by F. Helf;
south by W. Corwin: west by
Factory Avenue.
8:30 P.M. (E.S.T.) upon
plication of Jonathan C. Browning
and wife, Little Neck Road,
Cutchoguc~ Ncw York for a
variance in accordance with the
Zoning Ordinance, Article Ill.
Section 100-30 and Bulk Schedule
for permission to set off lot with
insufficient area. Location of pro-
perry: east side Little Neck Road.
Cutchogue. New York. bounded
on the north by J. Kujawski; east
by Strohson Road; south by W. E.
Taylor and S. W. Stepnoski; west
by Little Neck Road.
8:40 P.M. (E.S.T.) upon ap-
plication of Lillian Qualls. Main
Road. Laurel, New York for a
variance in accordance with the
Zoning Ordinance, Article Ill,
Section 100 30 and Bulk Schedule
for permission to relocate house
on undersized lot. Location of
property: Main Road. Laurel.
New York. bounded on the north
by Main Road; east by M.
Sawicki; south by G. McCarthy
west by G. McCarthy.
8: 0 p.M. (E.S.T.)upon aP-
l plication of the Board of Educa-
tion. Greenport Union Free
School District. Front Street,
Grecnporf, New York for a var-
iance in accordance with the
Zoning Ordinance. Article 111.
Section 100-31 and Bulk Schedule
for permission to set off lot with
insufficient area. Location of pro-
perty: Front Street. Greenport,
Ne~v York, bounded on the north
by other Iiand of applicant; east by
K. Peterson; south by Main Road
(Route 25); west by Kalin, Jer-
nick.
9:00 P.M. (E.S.T.) upon ap-
plication of Leonard Madelewski,
Sr. and wife. 416 Fifth Street,
East Northport, New York for a
variance in accordance with the
Zoning Ordinance. Article Ill,
Section 100-30 and Bulk Schedule
for permission to divide property
COUNTY OF SUFFOLK [ ss:
SFATE OF NEW YORK j
Sher~ey Katz, being duty sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed Js o printed copy,
has been published in said Lon9 Island Traveler-Watch-
man once each week for ........ ./. .............................. weeks
successively, commencing on the ...:~.,':.~ ...............................
day of ..~.:.:...7.....:~...7. ............. 19.L..¥-J..
Sworn to before me this ,~c,~ day or
.......... ~ ............. ~. .......... , 19.,~.~..
FO~ ~O. 3
TOWN OF SGUTHOLD
BUILDING D~EPARTME,NT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
F~,e No ................ ~.~.~...~ .......................... Date ................................ .~....~ 'C?~.
PLEASE TAKE NOTICE that your application doted .................................................... , lc? ........
for permit to construct ........... .~.__.~_; ...... ~t the premises located at ....................................
Map .................................... Block ~ Lot ................................................ is
.... ~....~......~~.;~.~ .................. ~...~;...~.~,~.~
...~..~. .......... ~.~::~.~:...-j~&~......; ............................................. ~...~ ......
Building Inspector
Suffolk County Department of Planning
H. Lee Dennison Executive Office Building
Veterans Memorial Ilighway
Hauppauge, New York 11787
December 9, 1976
Town of Southold
Board of Appeals
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the following applications which have been referred to the Suffolk
County Planning Commission are considered to be a matter for local determin-
ation. A decision of local determination should not be construed as either
an approval or a disapproval.
Applicant
Municipal File Number
Bd. of Education USFD - Front St.
Lillian Qualls
Rosemarie C. Burnside
Cornell Construction
2225
2226
2227
2229
Very truly yours,
Lee E. Koppelman
Director of Planning
GG}I: fp
TOWN CLERK
Building Dept.
Planning Bd.
Board of Appeals
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
765-3783
765-2660
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the . . .]~O~..~d. Of. ~l~ppe. a, ll[! ............... of the town of...~..0~.~.~.0..1.~ ..................
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance
................ Amendment to the zoning ordinance
................ Zoning changes
Board of Education
Greenport Union Free School District
Front Street
Greenport, NY 11944
................ Special permits
........ X. ..... Variances
Location of affected land: ..N..~..S.....F.r~.~...n..~.....S..~...~..?..~..~.....~...~...~.....~.n.....R...~.~...!..{....G..~..~enp~rt~ ~ ................
within §00 feet of: (check one or more)
................ Town or village boundary line, or shore line
X
................ State or county road, parkway or expressway
................ State or county park or recreation area
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
Comments:
The Board granted the applicant permission to set off lot
with insufficient area.
Date: December 3, 1976
(signed) Robert W. Gillispie, Jr.
Chairman
T/t/e
Date received by Suffolk County Planning Commission ....................................................................................
File No .................................
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
765-3783
To:
From:
Re:
to:
3TT/bn
November 12, 1976
Southold Town Zoning Board of Appeals
Judith T. Terry, Town Clerk
Application of Greenport High School~for a variance-Appeal No. 2225
I have on file in my office notification by certified mail
Jernick Moving & Storage, Inc.,St. Mary's Rd., Shelter Island,N.Y.
Kenneth Peterson & Wf., Greenport, N.Y. 11944
Herbert L. Kaelin & Ano., 828 Front Street, Greenport, N.Y. 11944
Town Clerk
II Il I II1fi111 liT III I I II II I I III II II III rll lilt[ IIIIIIIII Itl I I I I I i]111
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
BOARD OF EDUCATION, GREENPORT :
UNION FREE SCHOOL DISTRICT :
to the Board of Appeals of the Town of Southold :
TO:
JERNICK MOVING AND STORAGE, INC.
t~ENNETH PETERSON AND WIFE
HERBERT L. KAELIN AND ANOTHER
NOTICE
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (:~iak:Exal~ltia~c:(~pelciel:pm-zna~~:ef~:
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Northerly by land of Petitioner 196.06 feet; Easterly by land of Kenneth
Peterson and wife 196.97 feet; Southerly by Front Street 180.95 feet; and Westerly by
land of Herbert L. Kaelin and others and land of Jernick Moving and Storage, Inc. 195.72 feet
3. That the property which is the subject of such Petition is located in the following zoning district:
Residential and Agricultural District
4. That by such Petition, the undersigned will request the following relief: an area variance
to permit the sale of the above described premises which as an area of less
40~ 000 square feet.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Article III, Section 100-31 and Bulk and Parking Schedule.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing. BOARD OF EDUCATION, GREENPORT
Petitioner District Clerk
Post Office Address
Front Street
Greenport, New York 11944
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Jernick Moving and Storage, Inc.
Kenneth Peterson and wife
Herbert L. Kaelin and another
St. Mary's Road, Shelter Island, N.Y. 11964
Greenport, New York 11944
828 Front Street, Greenport, N.Y. 11944
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
~/~,~'r.>'--/~//~zv~¥ ,~,:/. //'~','~, , being duly sworn, deposes and says that on the .~r~ day
of /c~.. c~ ~.~//~ ,19 ;~o . deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Oreenport, New York ; that said Notices were mailed to each of said persons by
(certified) (l~e~lsl~er~ mail.
h
Sworn to before me. this 9>
day of T~~ ,1,9 ~ /~
Notary Public
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~ c:~ o~ ~.~
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Board of Education, Greenport
1, (We) Union Free Schoo! ~.~st~i~ of Front Street
Name of Appellant Street and Number
.......................... ..C?.e.~.~.o.~.t. .............................................. ,.~..e...w....~.,p~..k. ........ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIkDING I~SPECTOR ON
APPL,C^T,ON fOR PERM t NO ................................ DATED ......... .......................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Name of Applicant for permit
of
..... ~';;~';;;;~1"~ ;;;~; ~ ........................ '/~'~'~'i'~i~;;iii~ .................... ~;;;i; .......................
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permit to sell undersized lot
1. LOCATION OF THE PROPERTY Front Street, Greenp. ort~ N,Y. A
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.)
Article III, Section 100-31 and Bulk and Parking Schedule
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 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 ......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that
Form ZBI
(Continue on other side)
REASON, FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
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
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE'
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
) ss
COUNTY OF )
Signature
Sworn to this ..............................................day of ........................................................ 19
Notary Public
REASON FOR APPEAL
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficul-
ties because:
(a) In July 1965, the Applicant acquired the parcel of land for which an area
variance is sought (a survey map of said property is hereunto annexed and marked
Exhibit A). The parcel comprised 36,405 square feet and had erected there on a
wood frame dwelling and garage. The dwelling building was then converted for use
as home economic classrooms, and utilized as such until an addition was added
to the main school building approximately two years ago whereupon the use of the
building was no longer needed for school district purposes. In September, 1976
the voters of the school district authorized the school board to sell the land and
buildings. By reason of the fact that the parcel is less than 40, 000 square feet
in area, since it adjoins other land of the school district, the same merged with
such other district land and now cannot be severed without the granting of an area
variance by the Board of Appeals. Since the parcel is bounded on the east and
west by land not owned by the district, the only manner in which such parcel could
be enlarged to 40, 000 square feet in area would be to extend the rear line northerly
into other ,~property of the district. This would produce practical difficulties
since the land immediately to the north is now utilized by the district for athletic
grounds, and to relocate such uses would entail additional expenses, and would
also create an irregular line along the southerly boundary line of the district's
property, thus rendering a portion of the land unsuitable for district purposes.
(b) It is proposed to offer the parcel in question for sale to the highest bidder.
If the property were offered for sale as a parcel which does not conform to the
minimum lot size required by the zoning code, the successful bidder would in
effect be acquiring the same upon the hope and/or expectation that he would be
successful in obtaining the required area variance. A purchaser might be faced
with the argument that the district could have enlarged the parcel to conform to
the zoning code requirements, and that therefore no practical difficulties could
be proved by such purchaser, or that the condition was created by the district and~
is thus a self-created hardship, and a purchaser from the district is subject to such
rule. The very possibility of a purchaser being subjected to such circumstances
would have the effect of causing a purchaser to offer less money for the property.
Therefore the denial of the variance herein requested would result in an economic
loss to the district.
2. The hardship created is UNIQUE and not shared by all properties alike in the
immediate vicinity of the property because:
(a) There are no other properties in the immediate vicinity which share such
hardship. The property is bounded on the west by property zoned and used for
business purposes. The property is no longer required for school district purposes
and since it is zoned for residential use, cannot be utilized by the district for
residential purposes as such a use is not one for which a school district is organized.
The circumstances are also unique since property of a public school system is not,
in most instances, subject to the zoning regulations of the municipality in which it is
located, but if conveyed to another person, it then becomes subject to such regulations.
(b) A further unique circumstance not shared by other properties in the immediate
vicinity is that the property is in an A Residential Zone District; has erected thereon
a private dwelling; has been lawfully utilized by the district for non-residential uses;
is to be transferred by the district to private ownership for residential uses, and to
again be restored to the tax rolls of the Town of Southold.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE
THE CHARACTER OF THE DISTRICT because:
(a) The property which is the subject of this application is substantially larger
in both frontage, depth and area than any other residential property in the neighborhood,
as is shown by map prepared by Roderick Van Tuyl, dated October 22, 1976, annexed
hereto and marked Exhibit "B".
Sworn to before me this -~
.~of November. 1976 ,
e~Iotary Public
BOARD OF EDUCATION, GREENPORT
UNIO~FREE SC~I~)OL DISTRICT
~0.0
EXHIBIT A
ci~O. gS
ST'~E
L
S4~AL£
m. l~orl~m~et, rf'
o-' ti'on
AI~'A ~
JN^OTHORIZ[D ALT~aATION OR ADDJTIOI~
TO THIS SURVEY IS A VIOLATION OF
SECTION 72G9 OF TN[ NEW YORK STAT~
EDUCATION LAW,
COPIES OF THiS SUrVey MAP NOT SEARIt4~J
EXHIBIT B