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HomeMy WebLinkAbout2235 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONInG BOARD OF APPEALS Appe~ No. 2235 D~ed December 28, ACTION OF TI-IE ZONING BOARD OF APPEALS OF THE To~ArN OF SOUTNOLD To Steven and Mary Cielusniak (Irving L. Price, 380 Platt Road Orient, NY Jan. 27, 1977 1976 Jr. ) Appellant at a meeting of the Zoning Board of Appeals on January 27, 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 ( ) 1977 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined ~at a special exception ( ) be graded ( ) ~ denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of Me Bu~d~g I~pector ( ) be reversed ( ) be co~ffmed b~ause 9:25 P.M. (E.S.T.) upon application of Steven and Mary Cielusniak, 380 Platt Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: west side Platt Road, Orient, New York, bounded on the north by W. Terry, Jr.; east by Platt Road; south by C. Bondarchuk; west by W. Terry, Jr. 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 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. ____:~~~~._ ~. ') ~' '~"'~//~, f~/_~ ['~..~ /f'~ /~ .~ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection the Board finds that the applicants request permission to divide property with in- sufficient width and area, west side Platt Road, Orient, New York. The findings of the Board are that the applicants did not need a variance to sell these pre-existing, legal sized lots. 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, Steven and Mary Cielusniak, 380 Platt Road, Orient, New York, be GRANTED permission to divide property with insufficient width and area, west side Platt Road, Orient, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATF.~/F-?? HOUR ~ Clerk, Town of Southold 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 h~ld by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, January 27, 1977, on the following appeals: 7:30 P.M. (E.S.T.) upon application of George N. Terry, 600 Highwood Road, Southotd, New York for a variance in accord- ance with the Zoning Ordinance, Article iii, Section 100-30 and Bulk Schedule for permission to construct addition with insuf- ficient setback. Location of property: Highwood Road, Southold New York; Lot No. 7, Highwood at Bayview; Map ~5547. 7:40 P.M. (E.S.T.) upon application of Joseph Czartosieski, RR1 Box !94A, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (1) a~b,c,d for permission to conduct home occupation. Location of property: north side Main Road, Cutchogue, New York bounded on the north by R. Asselta; east by J. Faszeowski; south by Main Road; west by R. Asselta. 7:50 P.M. (E.S.T.) upon application of Sterling Nurseries, Inc., Main Road, Cutchogue, New York for a variance in accord- ance with the Zoning Ordinance, A~icle VII, Section 100-70 and Bulk Schedule for permission to construct addition with in- sufficient side-yard setback. Location of property: north side Main Road, Cutchogue, New York, bounded on the north by other land of applicant; east by S. & E. Realty; west by J. Scott. 8:00 P.M. (E.S.T.) review of Henry C. south by Main Road; Scherz application for a variance to divide property with insufficient area, Pinetree Road, Cutchogue, New York. 8:15 P.M. (E.S.T.) upon application of Harold Green, P.O. Box 54, North Road (CR27), Peconic, New York for a Special Legal Notice -2- Hearings: January 27, 1977 exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (8) for permission to operate a labor csmp. Location of property: north side CR27, Peconic, New York, bounded on the north by LILCO; east by T. Flrowka Est. & others; south by CR27; west by Peconlc Homes Subdivision. 8:40 P.M. (E.S.T.) upon application of B. Shackman & Co., 85 Fifth AVenue, New York City, New York (Gary Olsen, Esq.) for a variance in accordance with the Town Law, Sec~io~ 280A for approval of access. Location of property: Aldrich L~ne, Laurel New York, bounded on the north by Murphy & others; east by Laurel Cemetery; King, and Aldrich Lane; west by Ciaglo & others. 8:50 P.M. (E.S.T.) upon application 85 Fifth AVenue, New York City, New York a variance in accordance with the Zoning south by Ma~n Road; of B. Shackman & Co., (Gary Olsen, Esq.) for Ordinance, Article VI, Section 100-60 A (1) for p~rmission to construct dwelling unit in business building. Location of property: Main Road, Laurel, New York, bounded on the north by Murphy & others; east by Laurel Cemetery, King, and Aldrich Lane; south by Main Road; west by Ciaglo & others. 9:05 P.M. (E.S.T.) upon application of H. West Road, Cutchogue, New York for a variance the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to change property lines. Location of' property: south side West Road, Cutchogue, New York, bounded on the north by West Road and Knauth; east by Pequash Club; south by Peconic Bay; west by now or formerly Dit%mer. 9:15 P.M. (E.S.T.) upon application of Steven and Mary Cielusniak, 380 Platt Road, Orient, New York for a variance an accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: west side Marshall Frost, in accordance with Legal Notice -3- Hearings: January 27, 1977 Platt Road, Orient, New York, bounded on the north by W. Terry, Jr.; east by Platt Road; south by C. Bondarchuk; west by W. Terry, Jr. 9:25 P.M. (E.S.T.) upon application of Richard Kehrbaum, Camp Mineola Road, Mattituck, New York for a variance in accord- ance with the Zoning Ordinance, Article Iii, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient side-yard setback. Location of property: Cs~p Mineola Road, Mattituck, New York, bounded on the north by right-of-way and Strong; east by Camp Mineola Road, south b~ now or formerly Gildersleeve; west by right-of-way and Strong. 9:40 P.M. (EoS.T.) upon application of Joseph Gold, Prospect St, Freeport, New York (George Ahlers, Builder, Inc.) for a variance in accordance ~ith the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to con- struct dwelling with insufficient side-yard setback. Location (Fisherman's Beach Road), Lots 11 & 12, Map of Peeonic of property: Haywaters Road Ext. Nassau Point, Cutchogue, New York; Bay Properties. 9:55 P.M. (E.S.T.) upon application of Matt-A-Mar, Inc., Wickham Avenue, Mattituck, New York for a variance in accordance with the Zoning o~dinance, Article VI, Section 100-60 A (9) for permission to store boats on the premises. Location o~ property: west side Wickham Avenue, Mattituck, New York, bounded on the north, south, and west by Mattituck Creek; east by Baker and Wickham Avenue. 10:15 P.M. (E.S.T.) upon application of Helmut Hass, North Road, Peconicr New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission %o set off lot with insufficient area. Location of property: south side CR27, Peconic, New York, bounded on the north by CR27; east by Cornelt Construction; south by Suffolk County; wes% by other land of applicant. Leqal Notice -4- Hearings: January 27, 1977 Any person desiring to be heard on the above appeals shoUld appear at the time and place above specified. Dated: January 14, 1977 BY 'ORDER OF THE SOUTHOLD TOW/q BOARD OF APPEALS PLEASE PUBLISH ONCE, JANUARY 20, 1977, AND FORWARD THIRTEEN (13) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on January 14, 1977 George N. Terry Joseph Czartosieski Sterling Nurseries, Inc. Harold Green Gary O!sen a/c Shackman H. Marshall Frost Irving L. Price, Esq. a/c Cielusniak Norman Reil!y a/c Richard Kehrbaum George Ahlers a/c Joseph Gold Matt-A-Mar, Inc. Corwin & Glickman a/c Hass 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 Southuld, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, January 27, 1977, on the following appeals: 7:30 P.I~. (E~S.T.).upon ap- plication of George N. Terry, 600 Highwood Road, Santhold, 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 construct addition with insufficient setback. Location of' property: Highweod Road, Seuthold, New York; Lot No. 7, Highwoed at Bayview; Map No. 5547. 7:40 P.M. (E.S.T.) upon ap- plication of Joseph Czartesieski, RR1 Box 195A, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordiannea, Article III, Section 100-30 C (1) a, b, c, d for permission to conduct home occupation. Location of property: north side Main Road, Cut- chogue, New York, bounded on the north by R. Assalta; east by J. Faszeowski; south by Main Road; west by R. Asselta. 7:50 P.M. (E.S.T.) upon ap- plication of Sterling Nurseries, Inc., Main Road, Cutchngue, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VII, Section 100- 70 and Bulk Schedule for per- mission to construct addition with insufficient side-yard set- hack. Location of property: north side Main Road Cutchogue, New York, bounded on the north by other land of applicant; east by S. & E. Realty; south by Main Road; west by J. Scott. 8:00 P.M. (E.S.T.) review of Henry C. Scherz application for a variance to divide property with insufficient area, Pinetree Road, Cutchogue, New York. 8:15 P.M. (E.S.T.) upon ap- plication of Harold Green, P.O. Box 54, North Road (CR 27), Peconic, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B (8) for per- mission to operate a labor camp. Location of property: north side CR 27, Peconic, New York, bounded on the north by LILCO; east by T. Mrowka Est. & others; south by CR 27; west by Peeanic Homes Subdivision. 8:40 P.M. (E.S.T.) upon ap- plication of B. Shackman & Co., 85 Fifth Avenue, New York City, New York (Gary Olsen, Esq.) for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Aldrich Lane, Laurel, New York, bounded on the north by Murphy & others; east by Laurel Cemetery, King, and Aldrich Lane; south by Main Road; west by Ciaglo & others. 8:50 P.M. (E.S.T.) upon al> plication of B. Shackman & Co., 85 Fifth Avenue, New York City, New York (Gary Otsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 A (1) for per- mission to construct dwelling unit in business building. Location of property: Main Road, Laurel, New York, bounded on the north by Murphy & others; east by Laurel Cemetery, King, and Aldrich Lane; south by Main Road; west by Ciaglo & others. 9:05 P.M. (E.S.T.) upon ap- plication of H. Marshall Frost, West Road, Cutchogue, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- missie- fo change property lines. L~ca! of property: south side West goad, Cutchogue, New York, bounded on the north by West Road and Knauth; east by Pequash Club; south by Peconic Bay; west by now or formerly Dittmer. ~p-9:15 P.M. (E.S.T.) upo/r-',tqp-~ lication of Steven and Mary Cielusniak, 380 Platt Road,~ Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: west side Platt Road, Orient~ New York, bounded on the north by W. Terry, Jr.; east by Platt Road south by C. Bondarchuk; west I: W. Terry, Jr. 9:25 P.M. (E.S.T.) upon ap- plication of Richard Kehrbaum, Camp Mineola Road, Mattituck, 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 construct addition with insufficient side-yard set- back. Location of property: Camp Mineola Road, Mattituck, New York, bounded on the north by right-of-way and Strong; east by Camp Mineola Road, south by now or formerly Gildersleeve; west by right-of-way and Strong. 9:40 P.M. (E.S.T.) upon ap- plication of Joseph Gold, Prospect St., Freeport, New York (George Ahlers, Builder, Inc'.) 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. L~cation of property: Haywaters Road Ext. (Fishermen's Beach Road), Nassau Point, Cutchogue, New York; Lots 11 & 12, Map of Peconic Bay Properties. 9:55 P.M. (E.S.T.) upon ap- plication of Matt-A-Mar, Inc., Wickham Avenue, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Section 100- 60 A (9) for permission to store beats on the promises. Location of property: west side Wickham Avenue, Mattituck, New York, bounded on the north, south, and west by Mattituck Creak; east by Baker and Wickham Avenue. 10:15 P.M. (E.S.T.) upon ap- plication of Helmut Hass, North Road, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 an(~ 'lk Schedule for permission to off lot with insufficient ares ocation of property: south ,,de CR 27, Peconic, New York. bounded on the north by CR 27; east by Cornell Construction; south by Suffolk County; west by other land of applicant. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: January 14, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ20---2579 ..... being duly Sworn, ~lisher of the SUFFOLK bed at Greenport. in said md that the notice, of which the annexed is u printed ~ been published in the said Suffolk Weekb/ Times ach week, for one (1) ........................... weeks ~ly commencing on the ~entieth 77 ca i ,n of B. Shack,.an Fifth Avenue, New York City, New York (Gary Olsen, Esq.) for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Aldrich Lane, Laurel, New York, bounded on the north by Murphy & others; east by Laurel Cemetery, King, and Aid- rich Lane; south by Main Road; west by Ciaglo & others. 8:S0 P.M. (E.S.T.) upon appli- cation of B. Shackman & Co., 85 Fifth Avenue, New York City, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 A (1) for permis- sion to construct dwelling unit in business building. Location of property: Main Road, Laurel, New York, bounded on the north by Murphy & others; east by Laurel Cemetery, King, and Aid- rich Lane; south by Main Road; west by Ciaglo & others, 9:0S P.M. (E.S.T.) upon appli- cation of H. Marshall Frost, West Road, Cutchogue, New York for a variance in accqrdance with the Zoning Ordinfin~e, Article Ill, Section i00-30 and Bulk Schedule for permission to change property lines.'Location of property: south side West Road, Cutchogue, New _ York, bounded on the north by West Road and Knauth; east by Pequash Club; south by Peconie Bay; west by now or formerly Dittmer. ~ 9:1S P.M. (E.S.T,) upon a cation of Steven and Mary niak, 380 Platt Road, Orienl York for a variance in with the Zoning Ordinance, icle III, Section 100-30 and Schedule for permission property with insufficient and area. Location of west side Platt Road, Orient York, bounded on the north b Terry, Jr.; east by Platt Road south by C. Bondarchuk ~W. Terry, Jr. 9:2S P.M. (E.S.T.) upon appli- cation of Richard Kehrbaum, Camp Mineola Road, Mattituek, New York for a variance in accordance with the Zoning Ordi- nance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insuf- ficient side-yard setback. Loca- tion of property: Camp Mineola Road, Mattituck, New York, bounded on the north by right-of- way and Strong; east by Camp Mineola Road, south by now or formerly Gildersleeve; west by right-of-way and Strong. 9:40 P.M. (E.S.T.) upon appli- cation of Joseph Gold, Prospect St., Freeport. New York (George Ahlers, Builder, Inc.) for a var- iance in accordance with the Zoning Ordinance, Article IlL Section 100-30 and Bulk Schedule for permission to construct dwel- ling with insufficient side-yard setback. Location of property: Haywaters Road Ext. (Fisher- man's Beach Road), l~*assau Point, Cutchogue, New York; Lots 11 & 12. Map of Peconic Bay Properties. 9:SS P.M. (E.S.T.) upon appli- cation of Matt-A-Mar, Inc., Wick- ham Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Art- icle VI, Section 100-60 A (9) for permission to store boats on the premises. Location of property: west side Wickham Avenue, Mat- tltuck. New York. bounded on the north, south, and west by Matti- tuck Creek; east by Baker and Wickham Avenue. 10:IS P.M. (E.S.T.) upon appli- cation of Helmut Hass, North Road, Peconic, 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 area. Location of property: south side CR27, Pc- conic, New York, bounded on the north by CR27; east by Cornell Construction; south by Suffolk County; west by other land of applicant, Any person desiring to be heard on the above appeals should appear at the time and TOWN OF SOUTHOLD BUILDING D;EPARTMENT TOWH CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOT[I~E that your applicatio, doted ~ ~ , 19TM ...................................................................... Street ~ Map ........................ ~ ...... Block ........ ~ ............................. Lot .......~-.. ..................................... is ........... prow ........ &sapproved oi~ the follow, ns grounds ~ ........... !.~ ....................................... ~.. ~~...~....q.~%..~...o....o. ...~..............- ' C .f...~..:. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~Q~¢.~ DATE ....~..~....'~'~....~....-..?...~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ....S.,t. ev..e...n.....a..n...d.....M..a..r.,y.....C..i..~,~sD.i~of ..... 38.0...P.l~t~..Ro. ad~ ..................................... Name of Appellant Street and Number Orien% New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................... DATED ..../~......'~.....~...~....'?T...~...~. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ~ X) Stephen & Mary Cielusniak Name of Applicant for permit of 3..,8. 0....P. j],~.~t ..,RO.~.d ................. D:~ier~t .......................... ~Nem..:f. or2 .................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY l?..1..a...t.~,...R...o.~.,....~,'.~.'j...~.e.,s..i..de~.t...ial ..... Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub~ sectio~ and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art~nl~ TTT. Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (x) ~ 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 Drevious appeal ~a~) (has not) been made with respect to this decision 0f the Building Inspector or with respect to this property. Such appeal was ( ) request for a ssecial oermit ) request for a variance and was made n Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance re Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested, for the reasdn that (Continue on other side) z:'. ~. . · C ~ ~.~ - REASON FOR APPEAL Continued 1. STRICT APPL]CAT!ON OF THE ORDINANCE wou!d produce practica] difficulties or unneces- sary HARDSHIP because the subject lots are each of an area size of 12,500o square feet and the strict application of the Ordinances Code of the Town of Zonings Chapter 100~ Article IIi~ Section 100-3~ will produce practical difficulties and unnecessary ~L~.RDSHZP to the applicant if an area variance is not granted to a/iow said applicant to sell the middle lot of the subject properties upon which there is presently a one-family~ private dwelling wkite retaining the northerly and southerly lots, which are contiguous to the middle lot an~ which are presently unimproved~ with assurances that one-f~mily private dwellings may be erected on each of the said northerly and southerly lotso 2. The hardship created is UNIQUE and is not shared by eli properties aJ]ke in the immedia?e vicinity of this property a~qd in this use district because See rider attached hereto and made a part hereof° 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the subject lots are of a lot size approximately the same as like properties in the immediate vicinity upon which there are presently one-family residences and the sale of the middle lot~ improved by an existing one-family dwelling~ and assurances that a one-f~mily dwelling may be erected upon each of the two remazning lots would not change the character of the district or violate the spirit of the Ordinance. COUNTY OF Suffolk ) / ' 31gnoture ¢ ~ ¢ Irving L. Price¢ Jro, Agent of Stephen ~ ~/~-~ ~ ~ ~ , and Mary Cielusniak - JUDITH T. TERRy TOWN CLERK R~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE 765-3783 December 28, 1976 To: Southold To%a~ Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: to: JTT/~on Application of Steven & Mary Cielusniak for a variance- Appeal No. 2235 I have on file in my office notification by certified mail William Y. Terry, Jr., Main Road, Orient, N.Y. 11957 Constantine Bondarchuk, Platt Road, Orient, N.Y. 11957 ~rryT~' ~ Town Clerk REED Zoning Board of Appeals Southold Town Southold,New York January 27,1977 Gentlemen: In regard to the application of Steven and Mary Cielusniak, 380 Platt Road,Orient,NY, for variance to divide property with in- sufficient width and area, I wish to state that I am completely op- posed to the granting of this application. In the application it is stated that at the time of purchase, the lots met the zoning regulations of the time. This is true,but with the new requirements and the adoption of the Southold Town Development Plan, each time a variance of this type is granted it is another chink in the armour of the Plan. In addition, the tendency to have this pryamid into an entire neighborhood is a real threat; the result is a density considered unwise by our planners. In addition,there are no like-size lots in the area contrary to the statement on application. ~y property of 10 ac is adjoining,the pro- perty of Bondarchuk is 3/8 ac,the Pardo property is 8ac,Eatier is 8 ac, the Anderson is 12 ac, therefore it is impossible to understand how it could be stated in the application, "same as Like properties in immediate vicinity ". As the term "District" is a very nebulous one,I can only assume that it has no validity. Assuming that it might mean as quoted by Howard Terry "what one can see with the naked eye", again it is in conflict with the atatement on application that it would not change the chara- cter of the District. Certainly all surrounding properties are larger with the exception of those on the ~ain Road which were built in the 17 and 18 hundreds at which time the road as well as to neighbors. I dispute the statement that the be violated". This is not an old it was a neccesity to be close to "spirit of the ordinance would not sub-division such as exist in Southold Town where there might be justification to grant a variance. Applica- tions of this type tend to proOuce Clutter no~. Cluster and valuable open space is lost, the density is increased and our valuable water resource is dimished. There is no guarantee that this trend for undersize lots could not be repeated over and over in this area. The end result could be a downgrading of all surrounding properties which in turn would produce real hardship for the many neighboring land owners. This hardship financial factor should be considered. Sincerely, William Y Terry,Jr. l~iain Road Orient,NY 11957 Jamm~-~y24, 1977 Dear Sl~, Iowa eight acres of 1~, on P~t~ ~, ~ O~ien~ ~. SAel~ o~ l~d on the s~e side of Platt ~ad, to ~e north of me. Ee ~s requested to be giv~ pe~issi~ to build on ~ a~e p!~t~ Please de~ this reque~ ~me of ~ rem~m~ ~e as follow~ ~- ~e ~ter table ~d ~ter p~ity will not support this densi~ of build~Ej 2-H~uses so close together are a eyesore~ i=an area of rural, N~wEmgland a~nosphereJ 3- ~ermitting this, may cause the town to have to permit many more property owners to further divide their propertyJ 4- The school and rec~eational facilities will be insufficient for ~ acr~ ~ning~ ~- In fairness to the trend given by the town ~er the past:~ears for larger rather than smaller land use, his request should be denied~ P~eaaeallovN~..J~se$ Hataler,~ of~e~ee Drive, ~utoh~l~, to speak in my behalf at the me$$!wgj If I am ~ble to attend. Sincerely~~ ~ Orient, New York RIDER TO APPEAL TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, NEW YORK. REASON FOR APPEAL - 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of the property, because A) The three (3) lots which are the subject of this appeal were purchased separately. B) These lots were conforming to the area requirements of the zoning ordinance in effect at the time of their purchase. The middle lot was purchased in 1963 when the area requirement was 12,500 square feet and this lot has an area of 12,500 square feet. Also, at the time of the purchase of this lot, a 100 feet width was required and this lot is 100 feet wide. The northerly and southerly lots were purchased in May of 1966 and January of 1966, respectively, by separate deeds. At the time of the purchase of these lots, the zoning ordinance required lots to be of an area not less than 12~500. square feet and have a width of at least 100 feet. Each lot has an area of 12~500 square feet and is 100 feet wide. C) The northerly and southerly lots are owned jointly by Stephen Cielusniak and his wife, Mary Cielusniak, whereas the middle lot is owned solely by Stephen Cielusniak; hence, there is no identity of ownership as to each of the three adjoining lots. © O BOARD OF APPEALS, TOWN OF SOUT. HOLD : In the Matter of the Petition of : STEPHEN & MARY CIELUSNIAK : : to the Board of Appeals of the Town of Southold : TO: William Y. Terry, Jr. Main Road Orient, New York 11957 NOTICE Constantine Bondarchuk~ Platt Road Orient, New York 11957 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) (~x~ep~ien)-(~SpeoiaI-P4r-m~) (the following relief: ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed~follo~: AT ORIENT, TOWN OF SOUTHOLD, on the west side of Platt Roadr bein~ three lots at distances varying from 250 feet south to 550 feet south of the Main Road, bounded on the south by the lands of BONDARCHUK, and bounded on the west and north by the lands of TERRY. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" RESIDENTIAL 4. That by such Petition, the undersigned will request the following relief: To sell the middle lot upon which is a one-family dwelling and to retain the northerly and southerly lots with assurances that upon such lots one-family dwellings may be erected. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Chapter 100t Article III, Section 100-31 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 off, ce 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 beard at such hearing. Dated: December '~i 1976. eetitione~'~~~~r~a~'S'~a ing ~ Price, J gent Post Office Address 238 Main Street Greenport, N.Y. 11944 O O NAME PROOF OF MAILING OF NOTICE ADDRESS William Y, Terry, Jr. Main Road Orient, New York 11957 Constantine Bondarchu~ Platt Road Orient, New York 11957 Platt Road Orient, New York 11957 STATE OF NEW YORK ) COUNTY OF S0~FOLK) Doris Gable SS.; of December ,19 76 , residing at Southold. ~w ¥,~rL- , , being duly sworn, deposes a~d says that on the,.~7~'~ day __, 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- lice at Green[~ort, New York (certified) (regl;:c;e&) mail. Sworn to before me this ; that said Notices ~e mailed to each of said persons by Doris Ga~le \ · . IRVINGi L. PRICE; dR. NOTARY RU,'~,4-1C. STATE OF NEW YORK ~,~iding in '3~ffclk Ce. ~t t~ ~ 0~ ~pp0intmem - 16 / ,r o o :TREET U 29-9A(c)0 LOA[c) 18 2.3A(C) 2.$A (c) 9 18.3 A[c ) 20 2.3 A(c) 2rA(c~ 34 22.2 A{c) 26 2.SA(c 2.4 A{c) / 12,2 5,5 79 A(C) [0 2.,5A(c } 1,5 1~3~ c ) 22 {0 23 12 h?A(c) STATE NEW YORK 16 18 12.5A(c) 23 80A(c) 4 LINE .... ~7 2 NO 027 MATCH LINE SEE SEC NO 027 , 10,SA(c) ,52.6A(c) FOR PARCEL NO SEE SEC NO 027