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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONL~G BOAI~D OF APPEALS
Appeal No. 1882 Dated February 13,
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Stanley Fliss & Wf
Bray Avenue & Albo Drive
Laurel, New York
DATE ~ar. Qh...~8, 1974
1974
Appellant
at a meeting of the Zoning Board of Appeals on March 28,
was considered and the action indicated below was taken on your
( ) Bequest for variance due to lack of access to property
( ) Bequest for a special exception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance
( )
1974
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Al-ticle .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and. the decildon of the Building Inspector ( ) be reversed ( ) be
confirmed because 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 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 on the north by Zimnoski; east by W. Brock;
south by Albo Drive; west by Bray Avenue. 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 praclleal
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 (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied and
APPROVED
SEE REVERSE '~ -Y~'~ /; ZONING B~OARD OF AP..P~ALS
After investigation and inspection the Board finds that
applicant requests permission to divide lot with insufficient
width and area at Bray Avenue & Albo Drive, Laurel, New York.
The findings of the Board are in agreement with the reasoning
of the applicant. The Board finds that it would be an unusual
hardship not to permit the division of this property. It will
not change the character of the neighborhood as surrounding
properties are predominantly in the 12,500 sq. ft. range.
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, Stanley Fliss & Wf, Bray Avenue &
Albo Drive, Laurel, New York, be GRANTED permission to divide
lot with insufficient width and area, 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 ~ended 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 Southotd, 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, Laurei~ 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 divide lot with
insufficient widtk and'area. Location of property: Bray Avenue
.& Albo Drive, Laurel, New York~ bounded nortk by Z~mnoski; 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
with the Zoning Ordinance, Article III~ Section i00-30 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.
Any person desiring to be heard on the above Appeals
should appear at the t~e and place above specified.
Dated: March 7, 1974
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
PLEASE PUBLISH ONCE, March 14~ t974, A~D FORWARD
TWO (2) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD
~OWN BOA_RD OF APPEALS, MAIN ROAD,.SOUTHOLD, NEW YORK.
NOTICE OF HEARINGS
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Sonthdd, Suffolk Cotmty, New
York, public hcering~ will be held
by the Zoning Board of Appeulz of
the Town of Southeld, at the Town
Office, Main Road, Soutlmld,
New York, on March 21, 1974 on
the following appeals: ~
7:30 P.M. (E.D.S.T.), UlXm
I application of Stanley Fliss & Wf,
Bray Avenue & Aibo Drive,
Laurel, New York, for a variance
to accordance with the Zoning
Ordinance; Article IH, Section
10~-30 and 100-31 and Bulk
Schedule for permission to divide
lot with insufficient width and
area. Location of property: Bray
Avenue & Albe Drive, La~el,
New York, bounded north by
Zimneski; 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 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.
Any person desiring to be heard
on the above Appeals should
appear at the time and place
above specified.
Dated: Ma?ch 7, 1974
BY ORDER OF THE
SOUTHOLD
TOWN BOARD OF APPEALS
COUNTY OF SUFFOLK, ]
STATE OF NEW YORK, ~ ss:
.............. ~ua-~.~. C r. Dog, man .... being duly Sworn,
says that . .]~... is Printer and Publisher of ~he SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport0 in said
county; and that the n,otic~, of which the annexed is a printed
copy, has b~en published in the said Suffolk Weekly Times
once in each week, f~r ........... .o?..e..~.) ....... weeks
successively commencing on t~e .......... .]..~.~..h ...........
day of .., .~I.~.~.~..h ............. 197.~..
Sworn to before me this ....]..~.~.h....
day of .... .~I.a.~h...~.~. 197.~...~'-
.,~..:... . ~..~, ............... ~ ........
Ptu. suant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone Or*
dinance of the Town of Southcld,
Suffolk County, New York, public
hearings will be held by the
Zoning Board of Appeals of the
Town of Southold, at the Town
New York, on March 21, 1974 on
the following appeals:
7:30 P. M. (EDST), Ul~n ap-
plication of Stanley Fllss & Wf,
Bray Avenue & Albo Drive,
Laurel, Neg York, for a varianbe
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 Albo Lb'irc;
west by Bray Avenue.
7:45 P. M. (EI~ST), upon
plication of George Ahlers, 250
Cox Lane, Cutchogue, New York,
for a variance in accordance
with the Zoning Ordinance, Ar-
ticle III, Section 100-30 and
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; west by J. LeByoski.
Any person desiring to be
heard on the above AppeaL~
should appear at the time and
place above ~pecified.
Dated: March 7. 1974
SOUTHOLD TOWN
BOARD OP APPEALS
COUNTY OF SUFFOLK
STATE OF NEW YORK? ss:
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - MATI'ITUCK WATCHMAN, a public news-
paper 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 Zraveler-Mattituck Watch-
man once each week for ............ ,r,,~....~..~..,/.. week~
success, e, , commencing on the .............. ........
da f /' ~ ~1~4 ~ ~', · ·
........ _
Sworn to before me this ........ : .~..;,~. ....... day of
...... ...............
NOTICE OF HEARINGS
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Sonthuld, Suffolk County, New
York, public hearings will be held
by the Zoning Board of Appeals of
the Town of Sonthold, at the Town
Office, Main Road, Southold,
New York, on February 28, 1974
on the following appeals:
$:30 P.M. (E.D.S.T.), upon
applieation of Robert R. Annlson,
6010 Soundview Avenue,
Southold, New York, for a
variance in accerdance with the
Zoning Ordinance, Article HI,
Section 100-31 for permission to
construct garage in front yard
area. Location of property: S-S
Soundview Avenue, Southold,
New York; beonded on the north
by Sonndview Avenue; east by J.
Buckley; south by G. Lahlnaon;
west by C. Booth.
8:45 P.M. (E.D.S.T.), upon
application of Agneta H. Ewer,
Smith's Road, Peconic, New
York, for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 and 100-31 and Bulk Schedule
for permission to install kitchen
equipment in accessory building
resulting in two dwellings on one
lot. Location of property: W-S
Smith's Road, Peconic, New
York, Plot F, Indian Neck Park.
9:00 P.M. (E.D.S.T.), upon
application of John Divello, Hill
and Wickham Avenue, Mattituck,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III, Sec. (306),
100-35 for permission to construct
7 font chain link fence in front
yard area. Location of property:
E-S Wickham Avenue and N-S
Hill Street, Mattituck, New York,
bounded n~rth by Long Island
Railroad; east by C.A. Price Co.;
south by Hill Street; west by
Wickham Avenue. u~n
9:15 P.M. (E.D.S.T.),
application of Stanley Fliss and
Wife, Bray Avenue and Albo
Drive, Mattituck, New York, for
a variance in accordance with the
Zoning Ordinance, Article III,
Sec. 100-30 and 100-31 and Bulk
Schedule for permission to divide
lot with insufficient width and
area. Location of property: Bray
Avenue and Albo Drive, Laurel,
New York, bounded north by W.
Brock; east by Albe Drive; south
by Bray Avenue; west by J~
Zinmoski. ~
9:30 P.M. (E.D.S.T.), upon
application of Harold L. Wolbert,
6 Highland Avenue, Jersey ~ity,
N.J., for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Sec. 100-30,
100-31 and Bulk Schedule for
permission to divide lot with
insufficient width and area.
Location of property: E-S West
Mill Road, Matfituck, New York,
boonded on the north by J.
Carlton; eastbyJ. Carlton; south ·.. being duly Sworn.
by H. Smith; west by West Miliishel. of ~he SUFFOLK
Road.
Any porson desiring tobe heard.
on the above Appeals should~ ~ k~reenport, in said
appear at the time and pinCete
above specified. ~mnexod is ~1 printed
Dated: February 14, 1974
BY ORDER OF THE SUffOlk Weekly Times
SOVTHOLD (1) weeks
BOARD OF APPEALS ..............
, comme ........ 21st
efore me this 21st
February. '19 74. ~ -~-; //
...... i .....
NOTICE OF HEARINGS
Pursuant to Section 267 of
Town Law and the provisions of
ihe 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 Southoid,
at the Town Office, Main Road,
Southold, New York, on Febru-
ary 28, 1974 on the following
appeals:
8:30 P. M. (EDSTL upon ap-
plication of Robert R. Annison,
6010 Sound View Avenue, South-
old, New York, for a variance
in accordance with the Zoning
Ordinance, Article III, Section
100-32 for petrols:ion to con-
struct garage in front yard area.
Location of property: S/S Sound
View Avenue, Southold, New
York, bounded on the north b~
Sound View Avenue: east by d.
Buckley; south by G. Lehmann:
west by C. Booth.
8:45 P. M. {EDST), upon ap-
plication of Agneta R. Ewer.
Smith's Road. Peconic, New
York, for a variance in accord-
ance with the Zoni~§ Ordinance,
Article III, Sectior I~0-30 and
100-31 and Bulk Sct~eduh! for
permission to install kitchel~
resulting in two dwellings on one
lot. Location of property: W/S
Smith's Road, Peconic, New York,
Plot F, Indian Neck Park.
9:00 P. M. CEDSTL upon ap-
plication of John Divellg, Rill &
Wickham Avenue, Mattituck
cordsnce with the Zoning Ordi-
nance, Article III, Sec
100-35 for permission to con-
struct ? foot chain link fepce in
front yard area. Location of
property: E/S Wickham Avenue
New York, boimded north by
C. A. Price Co.; south by Rill
Street; west by Wickham Ave-
9:15 P. M. (EDST), upon
plication of Stan ey Miss & Wife,
Bray Avenue & Albo Drive, Mat-
Ordinance, Article III. Sec. 100-30
and I00-31 and Rulk
for Oermis~ion fo divide lo~ with
insufficient width and area, Lo-
and Albo Drive, Laurel, N'ew
York, bounded north by W.
Brock; esot by Albo Drive;
9:30 P. M. tEl)ST), upon ad-
pllcation of Harold L. Wolbert,
6 Rl~hland Avenue, Jersey City,
N. J., for a variance in ~.Ccord-
ance with the Zoning Ordinance,
COUNTY OF SUFFOLK
STATE OF NEVi YORK ss:
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - /~4ATTITUCK WATCHMAN, a public news-
paper 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 Troveler-Mattituck Watch-
mar, once each week for ...... f~-.~.~'--.,.f...~.~..., weeks
successively, commencing on the ............. t~../,~.~... ............
Sworn to before me this ....... ~..f.~... ...... day of
Norm'? Public
Article III, Sec. 100-30, 100-31
and Bulk Schedule for permis-
sion to divide lot with insuffi-
cient width and area. Location
of property: E/S West Mill Road,
Mattituck, New York, bounded
on the north by J. Caxlton: east
by J. Carlton; south by R.
Smith; west by West Mill Road.
Any person desiring to be
heard on the above Appeals
should appear at the time and
place above specified.
Dated: February 14, 1974
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. / ~ ~ ~-
DATE .. ~.e..b.. ....... ~......~..9?LF
Name of Appellant Street and Number
........................ ..~..~,~..]:......~..-.~.:. ....... .(..~..1....~.~..~...~...~) ............................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ' DATED ......... F...e..~.. .....
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(X)
Name of Applicant for permit
of
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
permit to divide existing property to two buildJmg lots
1. LOCATION OF THE PROPERTY ,..]~r~r..~.~.f~ ............................................... ~,.~!...~.;~.~..~ .............
Street Use District on Zoning Map
........ ~ ............................................ ~ ............... Laurel N.Y.
Mop 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-_~0 &~l Bulk Schedule
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. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision
of the Building Inspector or with respect t~ this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ...... ~ .......................... Dated .......................................................................
( )
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that: ~e p~chased two parcels of land with seperate
deed~ and wish to give one parcel to daughter to build one family
dwelling
]Porto ZB1
(Continue on other side)
REASON FOR APPEAL
l. STRICT APPLICATION OF THE ORDINANCE wou)d produce practicaldifficuiti~ or unn~es-
san HARDSHIP b~aum: One parcel purchased has our home on it~ the second
parcel was purchased m~th a seDerated deed and intended for future
use as another home site,
We have ~he largest (double) lot in the neighborhoo~ now~
adjoLuing lots are of the 100 frontfoot and ]2~00 gQ foot and uo
class.
The division of this lot would be ~ keeping with the res~
of the lots in our neighborhood.
2. The hardshio created is UNIQUE and is not shared by all properties alike in the ,mmediate
vicinity of this property and in this use district because.: ~h±s is the larges¢ lot iz~
the area~ it is on high grourzd with good water and dr~age.
3 The Variance would obse~e the spirit ofthe Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT b~cause~ ~he ot~er ~omes ±~ t~s &~ea ~re b~±lt
on 100 front foot lots and from ~2~00 sq ft area and up~
The lotset off will have a one family dwelling built~ similar
to all other homes in the neighborhood°
STATE OF NEW YORK
COUNTY OF ~folk
SS
Signature
Sworn to this day o ................................. 19
Notary Public
JUDITH T. BOKEN
Public, S,~afe of New York
52- 03z~49e3 Suffolk
Comm[ssbn ~xp[res M~fch 30,
FOR~ NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated .................. ~.... .......f.....~.. ........ , 197...~..
Map ........... .~: ................. Block ...... .~; .............................. Lot .~ ........................................ is