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HomeMy WebLinkAbout1951 TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONIJqG BOARD OF APPEALS Appeal No. 1951 Dated August 29, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To R.G. Terry, Esq. a/c Estate of Clement B. Donahue Main Road Southold, N. Y. at a meeting of the Zoning Board of Appeals on September 12, 1974 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 ( ) DATE Se~%...--.-1-2, 1974 Appellant the appeal 1. SPECIAL EXC~'TION. By resol~ion ~ the Board it was d~ermined that a ~ed~ exce~ion ( ) be granted ( ) be denied pursuant to Artic~ .................... S~tion .................... S~section .................... parasraph .................... ~ the ~ning Ordinance and ~e decision of the Building Inspecinr ( ) be reversed ( ) be ~nfirmed b~aues 9:55 P.M. (E.D.S.T.) upon application of R. G. Terry, Jr., Esq. a/c Estate of Clement B. Donahue, Main Road, Southold, New York for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Tuckers Lane & Middle Road, Southold, bounded on the north by Middle Road (CR 27); east by J. J. Donahue Estate; south by Z. Helinski; west by Tuckers Lane. 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 practical hardship because difficulties or unnecessary 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 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 decisio*m of the Building Inspector ( ) be confirmed ( ) be reversed. After investigation and inspection the Board finds that applicant requests permission to divide property with insufficient width and area ~ocated at Tuckers Lane and Middle Road, Southold. The findings of the Board are that granting this appeal will not change the charac- ter or density of the 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 observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, R. G. Terry, Jr., Esq. a/¢ Estate of Clement B. Donahue, Main Road, Southold, be GRANTED permission to divide property with insufficient width and area at Tuckers Lane & Middle Road, Southold, as applied for. Vote of the Board: Hulse, Doyen. Ayes:- Messrs: Gillispie, Bergen, 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 the Town of Southold, at ~/~e Town Office, Main Road, Southold, New York, on September 12, 1974, on the following appeals: 8:15 P.M. (E.D.S.To) upon application of Achilles and Marion Stachtiaris, Carole Road and Old Cove Boulevard, Southold,N~ York, for a variance in accordance with the Zoning Ordinance, Article III, Section I00-35A for permission to construct f~nce with excessive height in front yard area. Location of property: Carole Road & Old Cove Blvd., Southold, bounded on the north by 01d Cove Blvd. (private road); east by H. Manis; south by Stafford west by Carole Road (private road). 8:20 P.M. (E.D.S.T.) upon application of Arthur H. Slattery, Landing Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section Schedule for permission to divide property with width and area. Location of property: Landing Loop, Cutchogue, New York, Lot 8:30 P.M. (E.D.S.T.) upon Forest Road, Douglaston, N. Yo 100-30 and Bulk insufficient Road, Northwest #273, Map of Nassau Point Propertie the Zoning Ordinance, Article III, Section 100-30 C and 100-32 for permission to construct accessory building in front yard area. Location of property: Nassau Point Road, Cutchogue, Lot 71, Map of Nassau Point Properties. 8:40 P.M. (E.D.S.T.) upon application of Nicholas Brusich, Westview Drive, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 for permission to construct radio antenna mast of excessive height° Location of property: N/S Westview Drive, application of Marion Ales, 329 for a variance in accordance with Legal Notice pg. 2 Mattituck, bounded on the north by E. Smith; east by R. Fogarty; south by Westview Drive; west by Komosa & Murphy. 8:50 P.M. (E.D.S.T.) upon application of Eugene Mazzaferro, Oak Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Article XI, Section 100-118, Sub. Sec. F for permission to construct dwelling on existing foundation with insufficient setback. Location of property: Corwin & Eighth Streets, Greenport, bounded on the north by C, Flatley; east by Eighth Street; south by Corwin Street, west by C. Hulse. 9:00 P.M. (E.D.S.T.) upon application of Rev. Donald Brickle, 75 Broadwater Drive, Cutchogue, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Sec. 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback at closest point to road. Location of property: Broad- water Drive & Skunk Lane, Cutchogue, bounded on the north by Skunk Lane; east by Petrucci & Graham; south by Oak Drive; west by Broadwater Drive. 9:10 P.M. (E.D.S.T.) upon application of Joseph Sawicki, North Road, Southold, 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 insufficient width and area. Location of property: S/S North Road, Southold, bounded on the north by North (Middle) Road; east by J. Sawicki; south by F. Sawicki; west by R.O.W., W. Sawicki and others. 9:20 P.M. (E.D.S.T.) upon application of Wickham & Lark a/c Estate of Marie Vermaelin, 209 Blue Point Road, Oakdale, New York for a variance in accordance with the Zoning ordinance, Section 280A Town Law and Article III, Section 100-30 and Bulk Schedule for permission to subdivide lots with insufficient width and unapproved access on two of the lots. Location of property: W/S Bay Avenue~ Mattituck, New York, bounded on the north by George Snider; east by Bay Avenue; south by-William Hillman; west by Dist. 11 Boundary: Calabrese, Lerron, McAdams, Switsavage Clark and others. Legal Notice Pg. 3 9:45 P.M. (E.D.S.T.) upon application of Stanley Sledjeski, 2760 Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30-31 and Bulk Schedule, and Section 280A of Town Law, to set off lot and access with insufficient length of road to give ~ccess to under- sized lot. Location of property: Southerly end of Sunset Drive, Mattituck~ bounded on the north by Lots 48 and 49, Sunset Knolls, Section II; east by S. Sledjeski; south by S. Sledjeski; west by Sunset Drive Extension. 9:55 P.M. (E.D.S.T.) upon application of R. G. Terry, Jr., Esq. a/c Estate of Clement B. Donahue, Main Road, Southold, for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Tuckers Lane & Middle Road Southold, bounded on the north by ~iddle Road (CR 27); east by J. J. Donahue Estate; south by Z. Helinski; west by Tucker's Lane. 10:05 P.M. (EoD.S.T.) upon application of Herbert and Ruth Rosenberg, Town Harbor Lane and Terry Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article Iii, Section 100-30 and Bulk Schedule for permission to separate out single lot. Location of property: Lot Nos. 17, 18, 19, Map of J. Overton, Southold, New York. 10:15 P.M. (E.D.S.T.) upon application of Thomas Duff, 34 Hunter Road, Manchester, Connecticut, for approval of access, Section 280A of Town Law. Location of property: North Hill, private road, (Crescent Avenue Extension), Fishers Island, New York, bounded on the north by Private Right of Way (Crescent Ave. Extension); east by H. Zabohonski (H. Walsh); south by H. Zabohon~i (Walsh); west by P. Nitzeo Legal Notice pg. 4 Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: August 29, 1974 BY ORDER OF T~E SOUT~OLD TOWN BOARD OF APPEALS PT~ASE PUBLIS~ ONCE, September 5, 1974, AND FORWARD TWELVE (12) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUT~OLD, NEW YORK. Copies mailed to the following on August 29, 1974: The 'Suffolk Weekly Times The Long Island Traveler-Mattituck Watchman Supervisor Albert M. Martocchia Achilles & Marion Stachtiaris Arthur H. Slattery Marion Ales Nicholas Brusich Eugene Mazzaferro Rev. Donald Brickley Joseph Sawicki Wickham & Lark Stanley Sledjeski R. G. Terry, Jr., Esq. Herbert & Ruth Rosenberg Thomas Duff TOWN OF SOUTHOLD BUILDING D~EPARTMENT TOWN CLERK'S O'FFICE SOUTHOLD; N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ~ ~ ..~. .......... , ....... ......... ~.#_.~..~....L..crp.......~ ............... ........... PLEASE TAKE NOT, ICE that your application dated .................. ~.......~....~ ...... , 19...~....~( for permit to ~~.~..~...at the premises located at ~......~...~,-6~.,....~.~...~ L ..~......~s~.~.r~ .~...... -.~:...~......-~,~ ............ Str~ ~et ~ ~ · Map ............... ~. ............ Block .......... ~ .......................... Lot ...... ~ ................................... is .~~ ~d d~sa:pproved an the fa"ow~n~ ~ra~ .A~...~_.~...Z.. ............ ~.....&~.........~..~......~....~ ....... z.~....~.~ ..... ..................................................................................... .............. ~~..t.../!..'~.-~...~..a....~..~..~.....~..~~.~ .... LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE LEGAL NOTICE NOTICE OF HEARINGS dimmcel Section 280A Town Law Hunter Road, Manchester, and Article III, Section 100-30 and Connecticut, for approval of Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Seuthold, Suffolk County, 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 September 12, 1974, on the followin~ appeals: 8:15 P.M. (E.D.S.T.) upon application of Achilles and Marian Stachtiaris, Carele Road and Old Cove Boulevard, Scuthold, New York, for a variance in accordance with the Zoning Ordinance, Article IH, Section I00-35A for permission to construct fence with excessive height in front yard area. Location of property: Carole Road and Old Cove Blvd., Seutheld, bounded on the north by Old Cove Blvd. (private road); east by H. Manis; south by Stafford; west by Carele Road (private road). 8:20 P.M. (E.D.S.T.) upon application of Arthur H. Slattery, Landing Road, Cutchogue, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article IH, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient width and area. Location of property: Lar[ding Road, Northwest Loop, Cut- chogue, New York, Lot No. 273, Map of Nassau Point Properties. 8:30 P.M. (E.D.S.T.) upon application of Marion Ales, 329 Forest Road, Donginston, N.Y., for a variance in accordance with the Zoning Ordinance, Article IH, Section 100-30 C and 1~0-.~2 for permission to construct ac- cessory building in front yard area. Location of property: Nassau Point Road, Cutchogue, Lot 71, Map of Nassau Point 8:40 P.M. (E.D.S.T.) upon application of Nicholas Brasich, Westvinw Drive, Mattituck, New York, far a variance in ac- cordance with the Zoning Or- 30 C and 100-32 for permission to construct radio antenna mast of excessive height. Location of property: N-S Westview Drive, Mattituch, bounded on the north by E. Smith; east by R. Fugarty; south by Westview Drive; west by Komosa and Murphy. 8:50 P.M. (E.D.S.T.) upon application of Eugene Maz- zaferro, Oak Street, Grennpert, New York, for a variance in accordance with the Zoning 100-30 and Bulk Schedule and Article XI, Section 1~0-118, Sub. Sec. F for permission to construot dwelling on existing foundation with insufficient setback. Location of property: Corwin and Eighth Streets, Greenport, bounded on the north by C. Flatley; cast by Eighth Street; south by Corwin Street, west by C. Hulse. 9:00 P.M. (E.D.S.T.) upon application of Rev. Donald Brickley, 75 Brondwnter Drive, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article IH, Sec. 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback at closest point to road. Location of property: Broadwater Drive and Skunk Lane, Cutohogon, bounded un the north by Skunk Lane; east by Petrucci and Graham; south by Oak Drive; west by Broad- water Drive. 9:10 P.M. (E.D.S.T.) upon application of Joseph Sawicld, North Road, Scuthold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 10030 and Bulk Schedule for permission to sot off lot with insufficient width and area. Location of property: S-S North Road, Seuthold, bounded on the north by North (Middie) Road; east by J. Sawicki; south by F. Sawicki; west by R.O.W., W. Sawicki and others. 9:20 P.M. (E.D.S.T.) upon application of Wickham and Lark a-c Estate of Marie Vermaelin, 209 Blue Point Road, Oakdale, New York for a vm'ianco in ac- Bulk Schedule for permission to access, Section 280A of Town subdivide lots with insufficient Law. Locationofproperty:North width and anapproved access on Hill, private road, (Crescent two of the lots. Location of Avenue Extension), Fishers property: W-S Bay Avenue, Island, NewYark, boundedonthe ~r Rworn, Mattituck, New York, bounded on north by Private Right of Way the north by Gem-ge Snidar; east (Crescent Ave. Extension); east UFFOLK byBayAvenue;southbyW'diiam by H. Zaboho~sld (H. Welsh); Hillman; west by Dist. 11 south by H. Zabohenski (Walsh); :t, in said Boundary: Calabrose, Lerron, west by P. Nitze. McAdams, Switsavage, Clark Any person desiring to be heard a printed and othees, on the above appeals should t~. 9:45 P.M. (E.D.S.T.) upon appear at the t/me and place;mIr Til~es application of Stanley Sledjeski, above specified. .. weeks 2760 Ruth Road, Mattituck, New Dated: August 29, 1974 York, for a variance in ac- BY ORDER OF THE cordance with the Zoning Or- SOUTHOLDTOWN ......... dinance, A~dcle HI, Section 100- BOARD OF APPEALS 30-31 and Bulk Schedule, and Section 280A of Town Law, to set .~. ,~ .~.. ~ .'~.~. 7..- ............ off lot and access with in- sufficient len~,'th of road to give; .?. ........ access to under-sized lot. ~ c/ ! Location of property: Southerly · - · 19 ~.~.~- end of Sunset Drive, Mattituck, //~ ~/?,. bounded on the north by Lots 48-~.~. · .~f..-~-~-..~ ~. -~-'~?..:; · ~ ...... and 49, Sunset Knolls, Section II; JO$5P~ L. TOWNSENd. ,J~ ..... east by S. Sledjeski; south by S. ' ' ' ' N0'4-^~¥ ~ol~_~C,'~t'e'~f'r4sw ¥$r]~ ' N~. 52-9366335 Sledjeski; west by Sunset Drive Qualified in Suftolk Count~ Extension. ~ I~ommlssion Expires March 30, 1.q~...~.~ 9:55 P.M. (E.D.S.T.) upo~ application of R.G. Terry, Jr. Esq. a-c Estate of Clement B Donahue, Main Road, Seuthold for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Tuckers I~ne and Middle Road, Southeld, bounded on the north by Middle Road (CE 27); east by J.J. Donahue Estate; south by Z. Helinski; west by Tanker's Lane. 10:~ P.M. (E.D.S.T.) upon application of Herbert and Ruth Rosenberg, Town Harbor Lane and Terry Lane, Scuthold, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to separate out single lot. Location of property: LOt Nos. 17, 18, 19, Map of J. Overton, Southold, New York. 10:15 P.M. (E.D.S.T.) upon application of Thomas Duff, 34 NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance 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 Office, Main Road, Southold, New York, on September 12, 1974, on the following appeals: 8~15 P.M. (E.D.S.T.) upon ap- plication of Achilles and Marion Stachtiaris, Carole Road and Old Cove Boulevard, Southold, New York, for a variance in accordance with the Zoning Ordinance, Arti- cle 111; Section100-35A for per- mission to construct fence with excessive height in front yard area. Location of property: Carole Road & Old Cove Blvd., Southold, bounded on the north by Old Cove Blvd. (private road): east by H. Manis; south by Stafford; west by Carole Road (private road). 8:20 P.M. (E.D.S.T.) upon ap- plication of Arthur H. Slattery, Landing Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Ar- ticle 111, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Landing Road, Northwest Loop, Cutchogue, New York, Lot num- ber 273, Map'of Nassau Point Properties. 8:30 P.M. (E.D.S.T.) upon ap- plication of Marion Ales, 329 Forest Road, Douglaston, N. Y. for a variance in accordance with the Zoning Ordinance, Article 111, Section 100~30 C and 100-32 for permission to construct accessory building in front yard area. Location of property: Nassau Point Road, Cutchogue, Lot 71, Map of Nassau Point Properties. 8:40 P.M.(E.D.S.T.) upon ap- plication of Nicholas Brusich, Westview Drive, Mattituck, New York, for a variance in accordafice with the Zoning Ordinance, Ar- ticle Ill,section 100-30 C and 100-32 for permission to construct radio antenna mast of excessive height. Location of property: N/S Westview Drive, Mattituck, boun- ded on the north by E. Smith; east by R. Fogarty; south by Westview Drive; westby K_omosa &.Murphy. 8:50 P. M. (E.D.S.T) upon ap- plication of Eugene Mazzaferro, Oak Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule and Article X1, Section 100-118, Sub. Sec. F for permission to construct dwelling on existing foundation with insufficient set- east by J. Sawicki; south by F. ' Sawicki; west by R.O.W., W. Sawicki and others. 9:20 (E.D.S.T.) upon applica- tion of Wickham & Lark a/c E,state of Marie Vermaelin, 209 Blue Point Road, Oakdale, New York for a variance in accordance with the Zoning Ordinance, Section 280A Town Law and Article I11, Section 100-30 and Bulk Schedule ' for permission to subdivide lots with insufficient width and unap~ proved afcess on two of the lots. Location of property: W/S Bay Avenue, Mattituck, New York, bounded on the north by George Snider; east by Bay Avenue; south by William Hillman; west byDist. 11 Boundary: Calabrese, Lerron, McAdams, Switsavage, Clark and others. 9:4~ P.M. (E.D.S.I.) upon ap- plication of Stanley Sledjeski, 2760 Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Arti- cle Ill, Section 100-30-31 and Bulk Schedule, and Section 280A of Town Lay/, to set off lot and access with insufficient length of road to give access to undersized lot. Location of property: South- erly end of Sunset Drive, Matti- tuck, bounded on the North by Lots 48 and 49, Sunset Knolls, Sec- tion Il; east by S. Sledjeski; south by S. Sledjeski; west ~t Drive Extension. 9:55 P.M. (E.D.S.T.) upon ap- plication of R.G.Terry, Jr., Esq. a/c Estate of Clement B. Donahue, Main Road, Soufhold, for a variance to the Zoning Ordinance, Article 11I, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: Tuckers Lane & Middle Road, Southold, bounded on the north by Middle Road (CR 27); east by J. J. Donahue Estate; south by Z.,~ Helinski; west by Tucker's Lane~. 10:05 P.M. (E.D.S.T.) upol~ application of Herbert and Ruth Rosenberg, Town Harbor Lane and Terry Lane, Southold, New York, for a variance in accordance with the Zoning Ordinance, Arti- cle III, Section 100-30 and Bulk Schedule for permission to separ- ate out single lot. Location of property: Lot Nos. 17, 18, 19, Map of J. Overton, Southold, New York. 10:15 P.M. (E.D.S.T.) upon application of Thomas Duff, 34 Hunter Road, Manchester, Con~. necticut, for approval of access, Section 280A of Towri Law. Location of property: North Hill, private road, (Crescent Avenue Extension), Fishers Island, New York, bounded on the north by Private Right of Way (Crescent Ave. Extension); east by H. Zabohonski (H. Walsh); south by H. Zabohonski (Walsh); west by p. Nitze. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: August 29, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK } STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, soys 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 Troveler-Mottituck Watch- men once each week for ............... ;~./.; ...... ; ........... weal-ct successively, commencing on the day of .......... Sworn to before me this ....... ~ day of 19...,:,:~ TOWN OF SOUTHOLO, NE~,,.,YORK APPEAL FROM DECISION OF BUILDING INS, cCT~RL TO THE ZONING BOARD~OF APPEALS. TOWN OF SOUTHOLD, ~¢ Y. ~, (w~) g,G.,...~rr~, .~,....a~...~g~.t...f~.~f~.~.u.~...~:L~.~.~.~.~.~...~f...~.%..B. ''~ Name '~'Appella,n~ " ' Sff~t and Number .... P.~c...~.,.~...52.6~5...~ln..~.~.,...~o.~.~o.L~~ · ~*,~o7~~ i ..... ~,.,~,~,~.~.~...HE~EBY APPEL TO ~ Municipality State APPEAL NOi / DATE ~_ ..~. .............. DONAHUE THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUII~DI~G IblSPECTOR ON .................................... ............ ........... WHEREBY THE BUILDING INSPECTOR DENIED TO (ix) ( ) -( ) ~..~.~:.~.e.....~..f..~.q..~...~.~"~T.."~..:...D..~.~.A..H...U..~..'.....D.~e..~..]d~ e/o R.G. Terry, Jr. Name of Applicant for permit of ............. .................... ........... Street and blum, ber Municipality State PERMIT TO USE as a slng.Le lot PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTYT.U..g..~.~.~..~..s....~.....R...t..e..., 27 "A" .~.istrict Street .................... 0;i'"~i~';;i~'~'';~''~;~i~'')~;~ X X Southold 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 Ordi.nance.) ART III Sec 100-30 & BU~K SCHEDULE 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordina.nce or Zoning Map ( ~ ^ 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 ~j~ (has not) been made with respect to this decision of the 3uilding inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance rind was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 × ) A Variance to the 'Zoning Ordinance ) requested for the reason thatunder provisions of decedent's will, dated March 22, _967, a strip of land 30 feet wide and 150 feet in length was devised and ~equeathed to Marie Helinski the owner of property adjoining on the South. Chis devise leaves the remaining house and lot 150 feet by 120 feet, a zalid division at the time of date of the will. (Continue on other side)_ REASON FOR APPEAL Con{:inued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the Executors of the Estate of Clement B. Donahue~ dec'd~ have contracted to sell and convey said residence parcel remaining after the devise to Marie He!inski. The division was valid ali the time of execution of the will on March 229 1967. The property was originally devised to Clement Donahue under the will of his mother~ Mary Donahue and consisted of a parcel of 150 feet by 150 feet at the southeast corner of Tucker's Lane and North"Road (County Road 27) Clement Donahue died on October 29, 1972. 2. The hardship created is UNIQUE and is not shared by aH properties e![ke in the [rnrnediote vicinity of this property and in this use district because of similar size residential parcels in the vicinity. 3. The Variance would observe the sp[rit of fhe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the remaining plot would confor~ in size similar residences in the area. to STATE OF NEW YORK ) COUNTY OF SUFFOLK :) Signature Sworn to this ......... '.....~.~}~...~.: ............. day o{.Augu*.t: ........................................ Notary Public N~U public, S~te of Ne~ Qualified in ~u~lk Coun~ ~. No, 52.D089350 Commission ExpJ~ March ~ ~ OLJ~T ~? D~l~a .m~., residlllg at ~o=thold, ~o~,m c~c Soathol. d, in t~¢ ~o~n.~ o~ emd StYe of 1~ York, publLv~ m~i dedmm this m.~ ~uff o lk &et'~ oi'~o,~nd mi~l and mew~onj, do mal~e, ~, I direct that all j~ Just debts and funeral expenses bo pa-'im~as soon as convenient. all ~: - I give, doris® ~d bequeath to my niece, I~RIR ~LIItS~I uaa~ ~ac~ or parcel of l~d, sit~te, 1 ~ - ~y~sid~ o~T~ke~', ~o, Southold ,. ~._~_~_~ ~e~ on the east- linc or mine a distance of 30 foot. ~ .u~v, ~a ~s~o~iy by ot~ THIRD: I give and bequeath the S~ of T~O Hundred (~00.00) Doll~s---~o each of tho folloWing of my nieces and nephews: MADELDiE HEINISCH, EDWARD JOH~ DONAHU~, MARIE ~LlW~! AI~NE C. LAO, SHEIIA ~. BO~I]A~CHI~ and JEAN M. DOEAHUE. ' . FOU~H: I give and boquoath all my far~ Jaoh~ . a~oo~ o£ Tho North Pork B--~ -~ m .... + ~ e~ all ~ ~ng Isled Caul~lo~or ~,, a ...... - ~y, ~d all ~ Association to my b~othe~, ~ L. ~. p~opo~ty, both ~oal aha po~s~al '"d .~.-a . _. --; '-~Jm ~a o---, ~uvxae ~a b~ueaZh to 8~: Z di~t t~t my Exeouto~, h~e~ffte~ nam~ bo ~od to f~h ~v ~nd o~ o+~ .......... ' ~ not fOX. ce of his ~tiea aa'a~h. -~-~ .uo~x~y r~ the fait~ul ~ t, thtr, on tie ~y ar t~ ~, o/'th~ .~'~ ,,'#. ~ ~t,r~. o/~d~ o~ r~m~ ~