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HomeMy WebLinkAbout2073 TOW~ OF SOUTHOLD, NEW YORJK ACTION OF THE ZONING BOARJ) OF APPEALS Appeal No. 2073 Dated August 8, 1975 ACTION OF TH~ ZONING BOARD OF APPEA.LS OF THE TOV~N OF SOUTHOLD To Paul K. and Thelma W. Daland 186 Willow Terrace Lane Orient, New York DATE-..Sep~.~...4, 1975 Appellant at a meeting of the Zonir~ Board of Appeals on September was considered and the action kudicated below was taken on your ) Request for variance due to lack of access to property ) Request for a special exception under the Zoning Ordinance )~Request for a variance to the Zoning Ordinance ) 4, 1975 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) 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 7:45 P.M. (E.D.S.T.) upon application of Paul K. and Thelma W. Daland, 186 Willow Terrace, Lane, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to alter property line and lot size. Location of property: Willow Terrace Lane, bounded on the north by D. Welch & Cooper; east by P. Weiden; south by P. Frey; west by Orient Harbor. Fee paid $15 .00. 2. VARLa-NCE. By resolution of the Board it was deter~nined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE · ' · /Marjori~e MeDerraott, Secretar7 After investigation and inspection the Board finds that applicant requests permission to alter property line and lot size on property located at Willow Terrace Lane, Orient, New York. The findings of the Board are that this is a unique circumstance in that area. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will ob- serve the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Paul K. and Thelma W. Daland, 186 Willow Terrace Lane, Orient, New York be GRANTED permission to alter property line and lot size, as applied for, on property located at 186 Willow Terrace Lane, Orient, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse. LEGAL NOTICE No%ice of Hearings Pursuant to Section 267 of the Town Law and the provmslons of the ~ended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southoid, at the Town Office, Main Road, Sou%hold, New York, on September 4, 1975, on the following appeals 7:30 P.M. (E.D.S.T.) Rehearing by resolution of the Board of Appeals on Appeal No. 2064, application of Pond Enterprises, Inc. d/b/a Beachcomber Motel, Depot Lane, Cutchogue, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section premises directional Nicholas Aliano~ Town of Southold R. Bayley; south & Ors. 100-30 B (6f) for permmssion to erect off- sign. Location of property: Property of Southold, New York, bounded on the north by & I. C. Latham; on the east by I. C. Latham & by Middle Road (CR 27); west by Thomas Morris 7:45 P.M. (E.D.S.T.) upon application of Paul K. and Thelma W. Daland~ 186 Willow Terrace Lane, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission %o alter property line and lot size. Location of property: Willow Terrace Lane, bounded on the north by D. Welch & Cooper; easn by P. Weiden south by P. Frey; west by Orient Harbor. Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: August 21, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE August 28, 1975 AND FORWARD TWO (2) AFFIDAVITS OF PUBLiCATiON TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, N. Y. Copies mailed to the following on August Paul K. & The!ma W. D~land Pond Enterprises~ inc. Long Island Traveler-Mat%ituck Watchman Suffolk Weekly Times 21, 1975. LEGAL NOTICE Notiqe of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordi- nance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold. at the Town Office, Main Road. Southold, NEw York, on Septem- ber 4, 1975. on the following appeals: 7:30 P.M. (E.D.S.T.) Rehearing by resolution of the Board of Appeals on Appeal No. 2064, application of Pond Enterprises, lnc. d/b/a Beachcomber Motel. Depot Lane, Cutchogue. New York for a special exception in accordance with the Zoning Or- dinance, Article III, Section 100-30 B (60 for permission to erect off- premises, directional sign. Loca- tion of property: Property of Nicholas Aliano, Southold, New York, bounded on the north by Town of Southold & I.C. Latham; on the east by I.C. Latham & R. Bay!ey; south by Middle Road (CR 27); west by Thomas Morris Ors. -- 7:45 P.M. (E.D.S.T.) upon plJcation of Paul K and Thelma W. Daland, 186 Willow Terrace Lane, Orient, New York for a variance in accordance with the Zoning Ordi- nance, Article Ill, Section 100-30 and Bulk Schedule for permission to alter property line and lot size. Location of property: Willow Tel- race Lane, bounded on the north by D. Welch & Cooper; east by P. Weiden; south by P. Frey; west b~y Orient Harbor. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: August 21, 1975 BY ORDER OFTHE SOUTHOLD TOWN BOARD OF APPEALS 1T-8/28 COUNTY OF SUFFOLK STATE OF NEW YORKt ss: Sherley KarT, being duly sworn, soys 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 is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ...... /. ............................... weeks successively, commencing on the ....~7~.. ............................ / .,~. 7,~ day of .Z/d.~..,<~, .................... 19 ..... .......... :: ............................. Sworn to before me this ........ '--.: .............. day of "':~:~-~:.. , 19...4...&. LEGAL NOTICE Notice of Hearh~s Pursuant to Section 2~/of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Seuthold, New York, public hearings will be held by the Zonin~ Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on September 4, 1~75, on the following appeals: 7:a0 P.M. (E.D.S.T.)Rehearing by resolution of the Board of Appeals on Appeal No. application of Pond Enterprises, Inc. d-b-a Beachcomber Motel, Depot Lane, Cutchogue, New York for a special exception in accordance with the Zoni,.= Ordinance, Article III, Section 100-a0 B (Bt) for permission to erect off-premises directional sign. Location of property: Property of Ni~holan Allano, Seutbold, New York, bounded on the north by Town of Seuthcld & I.C. Lstlmm; on tho east by I.C. Latbem & R. Bayley; south by MAddie Road (CR 27); west by ~homas Morris & Ors. 7:45 P.M. (E.D.S.T.) upon application of Paul K. and Thclma W. Daland, 1~ Willow Terrace Lane, Orient, New York fora variance in accordance with the Zaning ordlnance, Article IH, Section 1~-30 and Bulk Schedule for permission to alter property line and lot size. Locatien of property: Willow Terrace Lane, bounded on the north by D. Welch & Cooper; east by P. Weiden; south by P. Frey; west by Harbor. Any person desiring to be I~eard on the above appeals should appear at the time and place specified. DATED: August 21, 1~/5 BY OHDER OF BOARD OF APPEALS 1TA28 COUNTY OF SUFFOLK, I STATE OF NEW YORK, ? ss: says that ....... is Printer and Publisher of the WEEKLY TIMES, a newspaper published at Greenp, county; and that the notic%, of which the annexed copy, has been published in the s~id Suffolk Wee once in eoch week, for ....... ~..~..'~.~, .~ ........ successively commencing on the ..... :.~...?.... day of Sworn to before me this . :.~K.~.'.~. .... day of .../ff~q~, ~..~..<.L~( 19..~--j · .......... .... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF. BUILDING iNSPECTOR APPEAL NO. O THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD N Y Fr ,. ~ ~ ·. ~, Name Of Appellan¢ Street and Number J .............. ~.~'.,.,~:~,....~..~.~.~..-.~.,~:!.!~..~..~.)..................................... ../~..,..Y., ........ HEREBY APPEAL TO Municipality S~te ~HE ZONINGrBOAR~ O~ APP~LS ~OM T~E DEC,S,ON O~ TH~ BU~NG/~EgTO~ ON ..................................... ...... ............. ~,PPLICATION WHEREBY THE BUILDING INSPECTOR DENIED TO '-lame of Applicant for permit of Street and Number Municipality State )PERMIT TO USE ) ~ERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY .J..~..~ ~.~'i ' ' .... ~ ' ......... ~.~.~...~:~.~..,~...~...~'.~. ~ ........... ~....~.L~.z.~, ~ ~ Street ~T~.r~z~ Use District on Zoning Map Map No. Lot No. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section. Sub- dion and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) (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. Lows Art. 16 Sec: 280A Subsection 3 PREVIOUS APPEAL A previous appeal ~:) (has not) been made with respect to this decision the Buildin~t Inspector or with respect to this property .... ~'~L,~L~ ~'~ Sbch ~ppeal was ( ) request for o special permit ~'rT~'~ ~D '~ ~ ( ) request for a variance WHE ~OUz~J~D ,x~i~z~ ~ ~d was made in Appeal No ............................... Doted ....... ~.~.~.~..~.c.~..~. REASON FOR APPEAL )A Variance to Section 280A Subsection 3 A Varmnce to the Zoning Or~ nonce ) requested for the reason that ~u~ ~ ~ ~,~ ~ ~ u~~c- ~ ~0~ ~3t (Continue on other side) - REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARbSHIP 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 beoouse 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ST,~tTE ~F NEW YORK ) · .~.~: ~,~': ~/];#~) ss COU'NT~ OF ~:4Z'~-~ ) Signature Sworn to this .................. ~ .............. d~y of .......... ~ .................... 19 " ' [ ELIZAB~HAN~ NEVILLE ~ ~[~ NOTARY ~UBL~ ~ ~ ~w Yorb FOBM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL Willow Terrace La Orient N .Y. PLEASE TAKE NOTICE that your application dated ........... .A..~.g......8. ........................... , 19...?..~.. realign property lines for permit to ~ ........................................~t the premises located at ...R..t..O..:~.4..:....O..f...f. ........ Wi 1.1...o.w....T..e..~ .r..a..c..e....L...a.. Street Orient Map ......x~.. ............................ Block .2gf. ..................................... Lot ...x~.. ........................................... is isapproved on the following grounds ........ neitham..lo.t.....wi~k..~.~.usted ..pzg.pez.~y...1Jame. s...w.i~L~,,.3~f~.v.~....J.~q..,~..~...~.i~b, o.r...~.q ~.qQ..O....S..q...F...t...A~,e..,a. .................. .. ~ r.on.C...yar ~..w.i .¢ho.u~ .. a.. ~o.~ r~ti.~....o.r.....v.~ i.a~.o, fl ............ .Ar..~....I...I.,I.....s..e...q.. ;~..O..O...-. 3..O. ........ & ~ulk Schedule & Art III sec 100- 32 O OFFI LERK dUDITH T0 BOKE~N TOWN C L~;~K August 8, To: Southold Town Zoning Board of Appeals From: Judith T. Boken, Town Clerk Re: to: c::OUTHOLD, L. I., N. Y. 11971 1975 Application of Paul K. & Thelma W. Daland -Appeal No. 2073 for Variance I have on file in my office notification by certified mail Mr. Leroy J. Cooper &Wf., Mr. Philip A. Frey &Wf., 120 King Street, Orient, N.Y. Box 244, Orient, N.Y. 11957 Town Clerk 11957