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Home My WebLink About2067 TOWN OF SOIO'£~OLD, NEW YOILK ACTION OF THE ZONING BOAltD OF APPEALS AppealNo. 2067 DaSd July 10, 1975 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Gary F. Olsen, Esq. a/c John McFeely 44 Dorchester Road Rockville Centre, N. Y. DATE.....Ju]~...24, 1975 Appellant at a meeting of me Zonm~ Board o£ Appeals on July 24, 1975 was considered and the action indicated betow 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 ( ) 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 deeisinn of the Building Inspector ( ) be reversed ( ) be confhnned because 8:55 P.M. (E.D.S.T.) upon application of Gary F. Olsen, Esq. a/c John McFeely, 44 Dorchester Road, Rockville Centre, N. Y. 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: S/S Peconic Bay Blvd., Laurel, New York, bounded on the north by Peconic Bay Blvd., east by John Rozansky; south by Peconic Bay; west by Rosin & Liquori. 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 difficulties hardship because SEE REVERSE (b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties alike in the Lrm, nediate 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 eo~irmed ( ) be reversed. SEE REVERSE FORM ZB4 ~ Chaff ma, ZONING BOARD OF APPEALS Marjorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide property with insufficient width and area on the south side of Peconic Bay Boulevard, Laurel, N. Y. The findings of the Board are that applicant is surrounded by properties of smaller size and the variance requested is less than 5% of the required 40,000 sq. ft. 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 immediatevicinity 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, Gary F. Olsen, Esq. a/c John McFeely, 44 Dorchester Road, Rockville Centre, N. Y. be GRANTED permission to divide property, as applied for, subject to the following conditions: That the present residence which is located partially on both of the lots to be created by this action shall be either moved to a proper location, under the Zoning Ordinance, or abolished. e That this approval of the Board of Appeals shall be subject to Department of Environmental Conservation approval. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. RECEIVED AND FILED BY THE SOU711GLD TOVCN CLERK T~. C~r~ T~ o~ Seu~ho]d LEGAL NOTICE Notice of hearings Pursuant he Section 267 of tnb Town Law and the provisions of the ~r~ended Building Zone Ordinance of the Town of Seutheld~ New York, pul~lic hearings wilt be held by '-~ ~ ~ ~ ~n~ Zoning Board of ,~ppej] of the Town of Southo!d, at the Town Office~ Main Read, Southo!d~ New Yerk~ on July 24, 1975~ on the following appeals: 7:50 P.M. (E~D~S~T.) upon application of Rudolph Rom, Bunny Lane~ New Suffolk, N. Y. for a variance in accordance with the Zoning Ordinance, Article Iii, Section 100.-30 & Bulk Schedule for permission te divide let with insufficient width and area. Location of property: Bunny Lane, New Suffolk, N~ Y., hounded Swia~echa & Wf~; en the east by G. Gra%hwohi & south by L. De Martini; on ~he west by Bunny on ~n= north by P S~ ~aksyn; on the Lane° 8~05 s2~N[. {E~D S~T~) upon applica~{on of Pond EnYerpri. ses, Inco d/b/a Beachcomber Motel, Depot Lane, Cd.%chogue, New York for a special exception in accordance with the Zoning 0rdinance~ Article !1~, Section 100~-30 B (6f) for permission %o erect off- premises direcbienal sign. Location of property: Property ef Pecenic, New Yorl{~ Nicholas A!iano~/beunded en the north by Middle Road (CR 21); en the east by Jo Xrupski; en the south by Long Island Railroad; on the west by B. Appleby. 8~15 P2~o (E~D.S~T.) npen application ef Pond Enterprises, Inco d/b/a Beachcomber Mete!, Depot Lane, Cu.kchogue, New York for a special exception in accordance with the Zoning Ordinance, Article ii!, Sec%ion i00-30 B (6f) for perP~,issien %e erect off- premises directional sign. Location of property: Property of Nicholas Aliane, Cu%choguc~ New York, bounded on the north by Town of Seutheld & I. C. Latham; on %he east by I. C. Latham & R. Bayley~ south by Hiddle Road {CR27)wesb by Themes Morris & Ors. ![ iLegal Notice 8:30 P~M~ (E~D~S.To) upon application of Stephen F~ Griffing, Jro, Esq. a/c Anna Loria~ First Street, New Suffolk, New York, 100-30 ~o_ permzsszon to use land for po.r×±~g. ~ ....... Suz zol~{, No bounded cz p'roperty: Eas~ o~cle Firs% q'-~- ~'~ New -~ ~ v ~?o~}Izn by now or fezm~r.~y A. [eod: ~esb by ise Street. I[ 8~45 P.M. (E:D~S~T~) of Twin sork Fence Co~ application upon ~c Digate Concrete Products~ inc., Sound Avenue~ ~[atti~uck, ~r%ic±e ili~ section iv0-3o as it app..its co ~r%ic~e VilI~ ~zor }2er~ -:i~ssicn %0 construct 6 ~' ~- ~z.gn% for .... oh cyclone feDce {excessLve m~' stone yard). ~cahien of property: S/S H~tel Ave. & ;3oissean Are. Sll~u%hold~ N. -ff.~ bounded on ~ahe perth by iluz0~.e]_ Avenue~ east by Bioisseau Avenc. e} south oy Long Is±and Railroad; west oy 8:55_P~M. (E D~S~T.)· upon applica%ion~ of Gary ~ ~o O7~-~n~'~' ~.~sq~ ~oni~ ~.~ re~ey, Dorchester Road~ Rockvitle Cenh~e~ N. Y. ~ f r a variance in accordance with %he Zoning Ordinance, Article IZI, Sec%ion i00-30 and Bulk Schedule ~or permission %0 divide p[~y wlbh ~n~u_zlo~enh ?~-~n e_.~ area. T.ocat~on of ~roperhy: /S. Peconic. Bay Blvd ., ..... T.aure] ~ N ~ Y o ~ 'oo~need-- ' on ~ne~ norh~ ~oy sonic Bay ~ eas~ by John Rozansky; seuZh by reco~±c dY sin & Liquori. ~:10 P.M. (E~D.S.T.) upon application ef Dere%hy M. WNite, Inlet Drive, Ha%ti%uck~ N~ Y. for a variance in accordance with ~he Zoning Ordinance, Article II!~ Section 100-33 & ~ulk ScNedule for permission to cens~ruc~ addition with insufficient se%back i(fron% yard). Location ef properhy; inlet Drive & Sound Beach }rive, Map of Captain Kidd, Let 65 & par% ef 66, Ma~eituok. Hummel Ave. & Boisseau Ave., Southo]d, N.Y., bounded on the north by Hm~nmel Avenue; east by Boisseau Avenue; south by Long Island Railroad; west by Southnld Lumber Co., In~ 8:55 P.M. (E.D.S.T.) upon application of Gary F. Oisen, Esq., a-c John McFeeley, 44 Dorchester Road, Rockville Centre, N.Y., for a variance in accordance with the Zoning Ordinance, Article III, Section 1O040 and,\ Bulk Schedule for permission ,to divide property with insufficient width and arco. Location of property: S-S Peeanic Bay Blvd., Laurel, N.Y., bounded on the north by Pecoaic Bay Blvd., east b~ John Razansky; south by Peconic Bay; west by LEGAL NOTICE Notice of hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of !th~ Town of Southold, New York, public hearings will l~held by the Zoning Board of. Appeal of the Town of Southnld, at the Town Office, Main Road, Southold, New York, on JulY 24,1975, on the following appeals: 7:50 P.M. (E.D.S.T.) upon application of Rudolph Rom, Bunny Lane, New Suffolk, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule for permission to divide lot with insufficient width and area. Location of property: Bunny Lane, New Suffolk, N.Y., bounded on the north by F. Swiatechn & Wf.; on the east by G. Grathwohl & S. Maksyn; on the south by L. De Martini; on the west by Bunny Lane. 8:05 P.M. (E.D.S.T.) upon ' application of Pond Enterprises, Inc. d-b-a Beachcomber Motel, Depot Lane, Cute. hogtie, New York for a special exception in accordance with the Zoning OrdinanCe, Article III, Section 1O0-30B (6f) for permission to erect off-premises directional sign. Location of property: Property of Nicholas Aliano, Pecunic, New York, bounded on the north by Middle Road (CR27); on the east by J. Krupeki; on the south by Long Island Railroad;-on the west by B. Appleby. 8:15 P.M. (E.D.S.T.) upon application of Pond Enterprises, Inc. d-b-a- Beachcomber Motel, Depot Lane, Cutchngue, New York for a special exception in accordance' with the Zoning Ordinance, Article III, Section 100-30 B (6f) for permission to erect off-premises directional sign. Location of property: Property of Nicholas Allano, Southuld, New York, bounded on the north by Town of Southaid & I.C. Latham; on the east by LC. Latham & R. Bayley; south by Middle Road (CR2~) west by Thomas Morris & Ors. 8:30 P.M. (E.D.S.T.) upon application of Stel~en F. Grif- ling, Jr., Esq. a-c Anna Loria, First Street, New Suffolk, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 for permission to use land for parking. Location of property: East side First Street, New Suffolk, N.Y., bounded on the north by A. Levesqun & Wf.,; on the east by peeanic Bay; south by now or formerly A. Wood; west by 1st Street. 8:45 P.M. (E.D.S.T.) upon Rosin & Liqunri. 9:10 P.M. (E.D.S.T.) upon application of Dorothy M. Vqhite, Inlet Drive, Mattituck, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-33 & Bulk Schedule for permission to construct ad- dition with insufficient setback (front yard). Location of 'FOLIO., property: Inlet Drive & Sound ~ Ss: Beach Drive, Map of Captain YORK, Kidd, Lot 65 & part of 66, Mat- tituek. ~'Ela.I1 being duly Sworn, Any person desiring to be hoard .................. on the above appeals should is Printer and Publisher of the sUFFOLK appear at the time and place ' above specified. ,, newspaper published at Greenport, in said Dated: JulY 10, 1975 BY ORDER OF THE lhe notice, of which the annexed is a printed SOUTHOLD TOWN BOARD OF APPEALS ,ublished in the said Suffolk Weekly Times 1TJYI7 · ()ne ( 'l ~ weeks once in euch week, tot ........................... successively commencing on the .~.e.¥~,ee~.~ ...... Sworn to before me~ ' · ....... a/c Digate Concrete Products, Inc., Sound Avenue, Mattituck, New York for a variance in accor- dance with the Zoning Ordinance, Article Ill, Section 100-35; as it applies to Article VIll, for per- mission to construct 6 foot cyclone fence (excessive height for front yard). Location of property: S/S Hummel Ave~ & Boisseau Ave., Southold, N.Y., bounded on the north by Hummel Avenue; east by Boisseau Avenueg south by Long Islar/d Railroad; west by Southold Lumber Co., Inc. 8:55 P.M. (E.D.S.T.) upon ap- plication of Gary F. Olsen, Esq, a/c John McFeeley, 44 Dorchester Road, Rockville Centre, N.Y. fur a variance in accordance with the Zoning Ordinance, Article IlL Section 100-30 and Bulk Schedule ibr permission to divide property with insufficient width and area. Location_o.f property: S/S Peconic Bay Blvd., Laurel, N.Y., bounded on the north by Peconic Bay Blvd., east by John Rozansky; south by Peconic Bay; west by Rosin & Liquori. 9:10 P.M, (E.D.S.T.) upon ap- plication of Dorothy M. White. Inlet Drive, Mattituck, N.Y. for a variance in accordance with the Zoning Ordinance, Article Section 100-33 & Bulk Schedul~ for permission to construct addi- tion with insufficient . Setback ffront yard). Location of property: Inlet Drive & Sound Beach Drive, Map of Captain Kidd, Lot 65 & part of 66, Mattituck. Any person desiring to be heard on the above appeals should appear at the time and place above ~pecified, Dated: July 10, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS l'T-7/17 FO~ NO. 3 TOWN O[: SOU?HO~-D TOWN CLERK'S OFFICE $OUTHO~.D, Iq. Y. NOT[CE OF DISAPPROVAl. File No .................................................................. Date ~ ~/ Bui!c~ing nspector / TOWN OF $OUTHOLO, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO~4~' TO-THE Z~G BOARD, OF APg~A~, TOWN OF SOUTHOLD, N. Y. 1, (we)~, .~pgA.~c~...e.e~....:..: ........ ,: .............. :.:.,.of :.,.:....4~:...D. qr.c^h~.Cer..Road~..Rb~k~ffJle..Centre, · Nam~ Of Abpelladt Street and Number .................... . ............................ ;...: ....... ................ ....... .................................... HEREBY APPEAL TO MuniciPality ~ ' State THE ZONING BOARD OF APPF, A, LS FRQM THE DECISION OF THE BUILDING INSPECTO~ON WHEREBY THE BUILDING INSPECTOR DENIED TO JO10/1 ~cFeely ( ) ( ) Name qf-Applicant foE permit z- of 44 Dorchester Road, Rockville Centre, N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY tO¢^ ON OF T E ROP R Y ,Street ~ Use Distric~ ~ Zoning Mop 2. PROVISION (SI 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.) 3. TYPE OF APPEAL Appeal is mede herewith for ( ~ A VARIANCE to the Zoning O~d~nence3r ~on3n9 M~p A VA~[AN, CE d~e }o~lack gf accgss[(Stpte Qf ~W York Town L~w. Chap. 62 Cons Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previou~s 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 wes made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that ¢ REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because: This is an application to obtain a variance in accordance with the Zohing Or~iinance, Article III , Section 100-31 and Bulk Schedule and Parking Schedule for permission to divide property with insufficient area and width. The applicant is under contract to purchase the subject premises from the Estate of Leonard Plechavicius and Sophie Plechavicius, subject to the l~ariance being granted. The property is a waterfront parcel containing approximately~7, 000 sq. feet. Applicant seeks to divide the parcel in half with the westerly parcel containing approximately 39, 000 sq. ft and the easterly parcel containing approximately 38, 000 sq. feet. Each would have frontage on Peconic Bay Blvd. of 94.66 feet. The applicant plums to move the cottage presently on the subject premises to the westerly parcel. The applicant wcu Id suffer unnecessary economic hardship by the strict apIiication of the ordinance particularly sinc~ the subject property is bay-waterfront and accordingly uniquely valuable. 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 the subject premises is presently ~, 000 sq feet approximately in area and acemrdingly is far oversized for one parcel. The proposed division would create two parcels just slightly under the required 40, 000~q. feet provision of the ordinance. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the pareels would be approximately one acre each, with a shape in conformance to the general character of the neighborhood. COUNTY OF Suffolk ) i Mc~e~-~- q hey for John Sworn to this ........... .9.}.h. ............................. day of .......................... .~.~..]-~. ..................... 19 75 ..... No. 52- 07.30410 Qualified in Suffoik County Term Expires March 30, i97~ / JUOITH T, BOKE~N OF ~K SOUTHOLC), L. I., Iq. ¥. 11c:J'71 July 10, 1975 To: Southold TOW~% Zoning Board of Appeals From: Southold Town Clerk Judith T. Boken Re: Application of John McFeely for a Variance to: I have on file in my office notification by certified mail John Rozansky, 790 Fifth St., Secaucus, N.J. 07094 Mr. & Mrs. Heinz Rosin, 84 Doris Avenue, Franklin Square, Michael Liguori, 20 Owen Street, Westbury, New York N.Y. 11010 New York State Department of Environmental Conservation Environmental Analysis Bldg. 40, SUNY Stony Brook, NY 11794 AC 516 751-7900 Ogden Reid, Commissioner August 22, 1975 Gary Flanner Olsen, Esq. Main Road Mattituck, NY 11952 Dear Mr. Olsen: Re: Plechavicius to~, File No. 1621 We are in receipt of your Tidal Wetland petition for sub- division into two (2) lots of property off Peconic Bay Blvd., Laurel, New York, owner referenced above. An inspection of the property reveals that no wetlands are located on the parcel. As you do not propose any physical alterations at this time. we will not require a permit for this transaction. Be fore work is begun, however, we must receive a petition showing proposed activities. Yours truly, Roy ~L. Haje / Alternate Local Tidal Wetland Permit Administrator RLH:slm GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 · MAIN ROAD · MATTITUCK. LONG ISLAND, NEW YORK 11952 . PHONE 516 298-4844 August 28, 1975 Re: Plechavicius to McFeeley File # 1621 Gentlemen: Enclosed herewith please find a letter dated August 22, 1975, which I received from the New~-.Y°rk State Department of EnvironmentalConservation, i~ica~ing that no permit is necessary al this time. Ple~ m~ same part of your file. GARY FLANNE~///I~E N ~ GFO/mrc encl. Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 cc: P. Edward Pirraglia, Esq. cc: John McFeely 5 2 2 0 2O / / /