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HomeMy WebLinkAbout1702 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1702 Dated December ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Edwin Waller Koroleskt Le slie s Road Peconic, New York DATE .j.~ n~t a ~j I .......... ~, 1973 1972 AppeHant at a meeting of the Zoning Board of Appeals on January 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 $~ ) Request for a variance to the Zoning Ordinance ( ) 1973 the appeal 1. SPECIAL EXCEPTION. By resolution of the Bo~d it Cvas determined th~ a special exception ( ) be ~a~ed ( ) be denied pursuant to ~ticle .................... Section .................... Sub~ction .................... paragraph .................... of the ~ning Ordinance and the decision of the Building I~pector ( ) be reversed ( ) be co~imed b~a~e 7:45 P.M. (E.S.T.), upon application of Edwin Waller Koroleskt, Leslies Road, Pecontc, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: north side of Leslies Road, Peconic, New York, bounded north by Lucas Pontiuo Estate; east by Indian Neck Lane; south by Leslies Road; west by Rose Koroleskl. Fee paid $1~.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ail 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 d/strict 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 corffirmed ( ) be reversed. ) be derded and FORM ZB4 SEE REVERSE ~/~,DD~D,/ ,/ZONING BOARD OF APPEALS ~ ~-~Ui\"f~harjoSle McDermott. Secretar~ ~ ~~~ ~ Southold Town BOa~8 of Appea-,s After investigation and inspection the Board finds that applicant requests permission to divide property on the north side of Leslies Road, Peconlc, New York. The findings of the Board are that this is an unusually shaped piece of property which doesn't lend itself to any other division. 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 produced 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 Edwin Waller Koroleski, Leslles Road, Peconic, New York, be GRANTED permission to divide property ou the north side of Leslies Road, Peconic, New York, as applied for. Vote of the Board: Ayes:- ~iessrs: Gtllispie, Bergen, Grigonis, Hulse, Doyen. LEGAL NOTICE Notice of Hearings Pursuant to Section 26 of the Town Law and the provisions of the Amended Building Zo~ Ordinance of the Town of Southold, Suffolk County, New York, blic 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 January 4, 1973, on the following appeals: 7:30 P.M., E.S.T., up application of Roy J. and Helen Hansen, 4600 Westphalia Rosd, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide pzoperty. Location of property: Lots $12, 13, 14 and part of 15 Map of Tollewood, Mattituck, New York. 7:45: P.M., E.S.T., u]on application of Edwin Waller Koroleski, Leslies Road, Peconic, New York, for a variance in accordance with the Zoning rdinance, Article III, Section 301, for permission to divide p~ perty~ Location of Property: north side of Leslies Road Peconic, New York, bounded north by Lucam Pontino Estate; e~ st by Indian Neck Lane; south by. Leslies Road; west by Rose Koroleski. 8:00 P.M., E.S.T., up¢ application of Inez D. Moon, South Cross Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permiss~o~ to divide property. Location of property: south side of South Cross Road, Cutchogue, New York, bounded north by Sou~h Cross Road east by Platt; south by Frsleigh; west by Fitzpakrick and right of way. Legal Notice Page 2 8:15 P.M., E.S.T., upon application of Farm View Building Co. Inc., 54 James Street, Patchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: Lots 93, 4, and 5, Map of Cedar Beach Park, Southold, New York. 8:30 P.M., E.S.T., upon application of Henry Zabohonski, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article IX, Sections 901 and 903 and Article XVII, Section 1700 Bulk and Parking Schedule, for permission to construct new building an "C" Industrial Zone with insufficient side and rear yards. Location of property: wesu side of Central Avenue, Fishers Central Avenue; Island Utility. Island, bounded north by Boyd and Ahman; east by south by Fishers Island Utility; west by Fishers Any person desiring to be heard on the above applications should appear au the time and place above specified. Dated: December 15, 1972 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, DECEMBER 21, 1972, AND FORWARD FIVE (5) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Legal Notice Page 3 Copies mailed to the following on December 15, 1972: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Mr. and Mrs. Roy Hansen Lefferts P. Edson, Esq., a/c Edwin Waller Koroleski Richard J. Cron, Esq., a/c Inez D. Moon and Farm View Building Co., Inc. Gordon Ahlers, a/¢ Henry Zabohonski NOTICE OF HEARING~c ~ 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, bublic hearings will be held by the Zoning Board of Appeals of the Town of Seuthold, at the Town Office, Main Road, Suuthold, New York, on January 4, 1973, on the following appeals: 7:30 P.M., E.S.T., upon application of Roy J. and Helen Hansen, 4600 Westphalia Road, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: Lots No. 12, 13, 14 and part of 15, Map of Tollewood, Mattituck New York. 7:45 P.M., E.S.T., upon application of Edwin Waller Koroleski, Leslies Road, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: north side of Leslies Road, Peconic, New York, bounded north by Luoas Pontino Estate; east by Indian Neck Lane; south by Leslies Road; west by Pos( Koroleski. ~ 0:00 P.M., E.S.T., upon application of Inez D. Moon, South Cross Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: south side of South Cross Road, Cutchogue, New York, bounded north by South Cross Road; east by Platt; south by Fraleigh; west by Fitzpatrick and right of way. 8:15 P.M., E.S.T., upon application of Farm View Building Co., Inc., 54 James Street, Patcbogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: Lo~s No. 3, 4, and 5, Map of Cedar Beach Park, Seuthold, New York. 8:30 P.M., E.S.T., upon application of Henry Zabohonski, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance, Article IX, Section 901 and 903 and Article XVII, Section 1700 Bulk and Parking Schedule, for permission to construct new building in "C" Iedustrial Zone with insufficient side and rear yards. Location of property: west side of Central Avenue, Fishers Island, bounded north by Boyd and Ahman; east by Central Avenue; south by Fishers Island Utility; west by Fishers Island Utility. Any person desiring to be heard on the above applications shouid appear at the time and place above specified. Dated: December 15, 1972 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL~ ?OLI~ ! YORK, ~ ss: Dorman : ..................... being duly Sworn. is Printer and Publisher of the SUFFOLK a newspaper published at Greenport. in said he notice, of which the annexed is u printed ~,blished in the said Suffolk Weekly Times ~, kr~ one Neuc~l~ Sn ~te twenty-first S F,F),¢ LA~/RENCE TO',¥NSEND 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 Zon- ing Board of Appeals of the Town o~ Southold, at the Town Office, Main Road, Southold, New York, on January 4, 1979, on the fol- lowing appeals: 7:30 P. M. EST, upon appli- cation of Roy J. and Helen Han- sen, 4600 Westphalia Road, Mat- tituck for a variance in accord- once with the Zoning Ordinance, Article III, Section 301, for per- mission to divide property. Loca- tion of property: Lots No. 12, 13, 14 and part of 15. Map of Tolle- wood. Mattituck, New York. 7:45 P. M., EST, opun appli- cation of Edwin Waller Koroleski. Leslies Road, Peconic, New York. for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: north side of Leslies Road. Peconic. New York, bound- ed north by Lucas Pontino Estate; east by Indian Neck west by Rose Koroleski. 8:00 P. M. EST, upon appli- cation of Inez D. Moon. South Cross' Road, Cutchogue, New York. for a variance in accord- once with the Zoning Ordinance, Article III, Section 301. for pet'- mission to divide property. Loca- tion of property: south side of South Cross Road. Cutchogue, New York, bounded north by South Cross Road; east by Plat~: south by Eraleigh; west by I~tz- patrick and right of way. 8:15 P. M., EST, upon appli- cation of Farm View Building Co., Inc.. 54 James Street. Pat- chogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property. Location of property: Lots No. 3, 4, and 5, Map of Cedar Beach Park, Southold, New York. 8:30 P. M., EST, upon appli- cation of Henry Zabohonski, Fishers Island, New York, for a variance in accordance with the Zoning Ordinance. Article IX, Section 901 and 903 and Article XVIL Section 1700 Bulk and Parking Schedule. for permission to construct new building in "C" Industrial Zone with insufficient side and rear yards. Location of property: west side of Central Avenue, Fishers Island, bounded north ~y Boyd and Ahman; east by Central Awenue; south by Fishers ~sland Utility; west by Fishers Island Utility. Any per.on desiring to be heard on th~ /~l~0¥e applications should appear at the time'sad place above specified. Dated: December 15. 1972 BY ORDER OF THE SOUTHOLD TOVCN COUNTY OF SUFFOLK STATE OF NEW YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'KrlTUCK 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 Traveler-Mattituck Watch- man once each week for .....~.~....~../.../... weel~ .ccesgiYely, commen in on the .............. ......... day of ~ ,,...,,~.:;,~1/9~.~:~ /,, ~ ........... ....... Sworn to before me this ....... ~...~ ....... day of ........ ......... AOEtE PAYNE TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No...$~ ............................................... Date ....................... ~-,-~...6 ................ , 19....~7~ To .. ~..~:}~,~ ................................... · ~ ...... ~e ..]~ ............................................ ......... l~eol~e ....... ~, ..................................... PLEASE TAKE NOTICE that your application d~ted ....................... D~.;.....~.~ ......... , 1c).~.. far permit to~ ...~l.~t..~'L'~:.at the Premises located at......~/~,...;.~S.?}~r ................. t~ ............................................ Street ~e~ Map ......:~ .................... ~ ...... Block ....~, .................... w.:-- Lgt ....~.¢ .................................. ~s re~ di.sapproved on the following grounds ....... · "~t~'~ '*'~-e~'~ '. ~t,~.. $i.000.. $c~*~t~-. .a.z,e~ ................................................................................ ........................ ~. t-. ,~;[.~.-.-.aec...:)~*i ................................................................................................. Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM. DECISION OF' BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We') Edwin W.~l~er Ko~.~es.~i of Leslies Road Name 'of Appellant Street and Number ................ ?...e..q.o...~.~.q ............................................................ .~..e...~....¥..o..~.,.~, ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD'OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ,. ! APPLICATION FOR PER Z NO ..........................DATED. WHEREBY THE BUILDING INSPECTOR DENIED TO X Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY LOCATION Of THE PROPERTY .~Q~-b,..~.ifiLe...q£,..T.a~.],i.~.~, ,~Q~,~.,...~.~.~D.~t,~..q .......... .A. Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ~ection and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) Article III, Section 301 3. TYPE OF APPEAL Appeal is made herewith for ((~) A VARIANCE to the Zoning Ordin.ance or Zoning Map ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec, 280A Subsection 3 i. PREVIOUS APPEAL A previous appeal (t~L~(has not) been made with respect to this decisior f the Bqilding Inspector or with respect to this property. uch appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ............................... Dated ...................................................................... REASON FOR APPEAL (I ) A Variance to Section 280A Subsection 3 (1×) A Variance to the Zoning Ordinance {i ) i$ requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pract~oldiffieulti~ or unneces- sary HARDSHIP becau~ applicant is the owner of 72,031 square feet of property on Leslies Road on which is his residence. He would like, to deed 40,000. feet of property to the North of his house to his daughter and son-in-law, Thomas M. Geiger and Felecia M. Geiger, in order that they can build their own home. To deny the application would be a hardship on the applicant and Mr. and Mrs. Geiger. 2. The haFdship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because e_here are very few residences in the area. 3. The Vadonce would obse~e the spirit ofthe Ordinonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area zs sparcely populated and adding one additional residence on a piece of property of 72,031 feet would not change the character of this district. The results would be two lots, one of 40~000 feet and one of 32,031 feet. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) Sworn to this ............... .6,,,~.12, ........................ doy of ...........D,..e..c..e...m..b...e..r. ........................... 19 72 Notary Public O,~ ~Ou';"/-~'oJ..,~. ALY.