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Home My WebLink About1883 TO~VN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1883 Dated March 4, 1974 ACTION OF THE ZONING BOARD OF Ai~PEALS OF THE TOWN OF SOUTHOLD To George Ahlers 250 Cox Lane Cutchogue, New York DATE..~.~...~8, 1974 Appellaul at a meeting of the Zoning Board of Appeals on March 28, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 19 7 4 the appeal 1. SPECIAL EXCEPTION. By res~ution of ~e Board ~ was determined that a special exception ( ) be grauled ( ) ~ deuled pursuant to Article .................... Sect~n .................... Sub~ct~n .................... paragraph .................... of the Zoning ~dinance and ~e d~ision of the Building Inspector ( ) be reversed ( ) b~ confirmed becau~ 7:45 P.M. (E.D.S.T.), upon application of George Ahlers, 250 Cox Lane, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: west side Cedar Drive, Southold, New York, bounded north by H. Tansinger; east by Cedar Avenue; south by A. Wahlberg; west by J. LeBroski. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties SEE REVERSE (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 th the same use district because SEE REVERSE (c) The variance (does) (does net) observe the spirit of the Ordinance and (would) change the character of the district because (would not) Sa~ t~,S~ was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. After investigation and inspection the Board finds that applicant requests permission to set off lot with in- sufficient width and area on the west side of Cedar Drive, Southold, New York. The findings of the Board are that applicant purchased two lots, as shown on copy of survey by Van Tuyl dated March 28, 1962, at separate times. He proposes to divide the property equally thereby creating the original two lots which will be approximately 75 feet by 265 feet each on the west side of Cedar Lane, Southold. 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 observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, George Ahlers, 250 Cox Lane, Cutchogue, New York, be GRANTED permission to set off lot with insufficient width and area on the west side of Cedar Drive, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Doyen. 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, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of t~e Town of Southold, at the Town ?ffice, Main Road, Southold, New York, on March 21, 1974 on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of Stanley Fliss & Wf, Bray Avenue & Albo Drive, Laurel, New York, for a variance in ~accordance with the Zoning Ordinance, Article III, Section 100-30 i~nd 100-31 and Bulk Schedule for permission to divide lot with ~insufficient width and area. Location of property: Bray Avenue & Albo Drive, Laurel, New York, bounded north by Zimnoski; east by W. Brock; south by Albo Drive; west by Bray Avenue. 7:45 P.M. (E.D.S.T.), upon application of George Ahlers, 250 Cox Lane, Cutchogue, New York, for a variance in accordance ~ith the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: Southold, New York, bounded north by H. ~venue; south by A. west side Cedar Drive, Tansinger; east by Cedar Wahlberg; west by J. LeBroski. Any person desiring to be should appear at the time Dated: March 7, 1974 heard on the above Appeals and place above specified. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, March 14, 1974, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisioI~s of the Amended Building Zone Or- dinance of the Town of Southcld, Suffolk County, New York, public heariD-gs will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on March 21, 1974 on the following appeals: 7:30 P. M. (EDST), upon apo plication of Stanley Fliss & Wf, Bray Avenue & Albo Drive, Laurel, Ne~ York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to di- vide lot with insufficient width and area. Location of property: Bray Avenue & Albo Drive, Laurel, New York, bounded north by Zimnoski; east by W. Brock; south by A~bo Lb'ire; west by Bray Avenue. 7:45 P. M. (EDST), upon plication of George Ahle~s, Cox Lane, Cufchogue, New for a variance in with the Zoning Ordinance. tiCle III, ~ection 10(~-30 31 and Bu!k Schedule for per- mission to set off with insuf- ficient width and area. Location of property: west side Cedar Drive, Southold, New York, bounded north by H. Tansinger; east by Cedar Avenue; south by A. Wahlberg; v:est by J. LeBroskA. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: March 7, 1974 COUNTY OF SUFFOLK J STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'Iq'ITUCK WATCHMAN, o public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ..... ~ ,~..~'..f.....~.z....z).~,week,~ successively, commencing on the .~...../,Z.;'...~.~ ..... day of ........... ~]..~:(./~j..,(...~...,,., ,19.*.~..,~/~. Sworn to before me this ..... . .~...' ............. day of ..... ......... , Not~a--y Public NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of {:he Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held bY the Zoning Bonrd of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on March 21, 1974 on the fOllOwing appeals: 7:30 P.M. (E.D.S.T.), upon application of Stanley Fliss & Wf, Bray Avenue & Albo Drive, .Lam'el, New York, for a variance m accordance with the Zoning Ordinance, Article IH, Section 100-30 and 100-31 and Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: Bray Avenue & Albo Drive, Laurel, New York, bounded north by Zimnoski; east by W. Brock; south by Albo Dri~ Bray Avenue. 7:45 P.M. (E.D.S.T.), upon~ application of George Ahlers Cox Lane, Cutchogue, New York, the Zoning Ordinance, Article III, Section 100-30 and 100-31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: west side Cedar Drive, Southold, New York, bounded north by Tansinger; east by Cedar Avenue; south by A. Wahlberg; west by J. LeBroski. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: March 7, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, ] STATE OF N'EW YORK. } ss: ........ $.~.Ra.l'.l;..Q ~..901~}f~lq, .......... being duly Sworn, says that . .h..e... is Printer and Publisher of the SUFFOLK WEEKLy TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the mmexed is a printed copy, has been published in the said Suffolk Weekly Times once in eoch week, f~r .......... .o.rl.e.. ~.1.~ ........ weeks successively oommencing on ltle ........... .1./~.~;~ ......... day of ..... .l~aI'.c,h. .......... 19.7.~. Sworn to before me this ...],.~.~tl... I FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~,,~ ~o .................................................................. ~o~ ..................... :~...~l. ........ , ,~..~.Y ......... .~....~...o.....(.~._._ ~----~ ~,~^~ -~^~ ~o~,~ ,~o~ ~ou~ o~,,=,,o~ do~d ............. Z~...~....~ ............. . ,~..7...~ ............. ....... ~~' ............................................. ~'~' "~-~'(zx'" Mop .......... ~ ..................... Block .......... ~ .......................Lot ................................................ is ...disapproved on the foliow;ng grounds ..... ~~...~...~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥. APPEAL NO. DATE....3../..4.../..7...4. ............. 1, (We) George Ahlers Builder, Inc. of 250 Cox Lane Nome of Appellant Street and Number ................................ .~..~.e...~.o..Ege. .......................................... ..N.,..y., ................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE B~,II~ING INSPL:~CTOR ON APPL,CAT,ON 0RPERM,TNO ..................................... DATED ........... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of 250 Cox Lane , .......................................................... ~u.'5.~b.9. g.~a ~ ............ . .N..~..w.., .~.9. r .k. ............... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERI~IIT TO BUILt) (~N LOT 1. LOCATION OF THE PROPERTY Cedar D~ci.ve A (D, $ 7- Street Use District on Zoning Mop ...... .................................................... ............... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Parcio.c~ph of the Zoning Ordinance by number. Do nat quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (X) 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 (~l~(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) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance George Ahlers Builder, Inc. be allowed to build on lot no. Porto ZB1 (Continue on other side) REASON FOR APPEAL Continued 0 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces~ sary HARDSHIP because When the present owners purchased the 2 lots, they were not informed that by buying both lots under the same name the lots would then be considered 1 ldt. The owners have not used lot for any other purpos~ then lawn. ~ile present owners would like to sell off lot $ to help them financially in their The lot was originally purchased only as an investment. If the present owners cannot sell lot ~ a hardship would be inflicted on them in that they cannot maintain the lot and they would suffer a financial loss by not being able to sell the lot or help supplement their retirement. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property end in this use district because Almost all the other properties in the vicinity are comprised of only 1 lot not 2 as is true in this 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Almost all lots in the vicinity are single lot parcels, most parcels are the same size or smaller than the individual lot $ . There would be a new house built on the lot which would add to the neighborhood. Granting this variance would be within the spirit of the ordinance and would not change the character of the district. Sworn to this ~/~ day of ~~...~...6~.....: ........... 19~7~ ,.,~:,...... ...... (~) COUNTY OF'SUFFOLK ~eal Properly Tax ,Service Agenc~ O78