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Home My WebLink About1704 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOAItD OF APPEALS Appeal No. 1704 Dated December 12, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTNOLD To Farm View Building Co., Inc. 54 James Street Patcho~ue, New York 1972 Appellant at a meeting of the Zoning Board of Appeals on January 4., was considered and the action indicated below was taken on your ( ) Request for variance due to leck of access to property ( ) Request for a special exception under the Zoning Ordinance (X~) Request for a variance to the Zoning Ordinance ( ) 1973 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 decision of the Building Iuspector ( ) be reversed ( ) be confirmed because 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 Zoniug Ordinance, Article III, Section 301, for permission to divide property'. Location of property: Lots #3, 4 and 5, Map of Cedar Beach Park, Southold, New Zork. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (wouId) (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 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 SEE REVERSE (would not) 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. SEE REVERSE _/~ -)/ /-/ , ZONIN~G BOARD OF APPEALS ~ Cha,rma. ~Appea[~ / ~o~thold Town Boa=d oF Appeals After investigation and inspection the Board finds that applicant requests permisslou to divide property- Lots #3, 4 and 5, Map of Cedar Beach Park, Seuthold, ~ew York. The findings of the Board are that if division of property' were allowed there would be many' more requests for division. The Board agrees that the acre lot size as required by' the Zoning Ordinance should be upheld. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by' all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED Farm View Building Co., Inc., 54 James Street, Patchogue, New York, be DENIED permission to divide property'; Lets #3, 4 and 5, Map of Cedar Beach Park, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Hulse, Doyen. Gillfspie, Bergen, Grigonis, 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 the Town Office, Main Road, Southold, 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 #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 Luca~ Pontino Estate; east by Indian Neck Lane; south by. Leslies Road; west by Rose Koroleski. 8:00 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. 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 #3, 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 5o 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 by Boyd and Ahman; east by Central Avenue; south by Fishers Island Utility; west by Fishers Island UHitity. Any person desiring to be heard on the above applications should appear at 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. NOTICE OF HEABINGS Pursuant to Section 267 of the~ Town Law and the provisions the Amended Building Zone C.. dinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zon- ing Board of Appeals~I the Town o~ Southold, at the Town Office, Main Road, Sb~thold, New York. on January 4, 1973, on the lowing appeals: 7:30 P. M. EST. upon appli- cation of Roy J. and Helen Hah- sen, 4600 Westphalia Road, Mat- titpck, for a variance in accord- once with the Zoning Ordinance, Article III, Section 301. !or per- mirsion to d~vide property. Loca- tion of property: Lots No. 12. 13, 14 and part of 15. Map of Tolle~ wood. Mattltuck. 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; ea.~t by Indian Neck Lane: .~outh by Leslies Road: west by Rose Korole§kL 8:00 P. M. EST. 'upon appli- cation of Inez D. Moon. Soulh Cross Road. Cutchogue, New York. for a variance in h¢cord- once with the Zoning Ordinanc*, Article III, Section 301. for per- mi&~ion to divide property. Loca- tion of property: south side of South Cross Road. Cutchogue. New York. bounded north by South Cross Road; cast by Plat~: south by Fraleigh; .west by FRz- patrick and right of way.~ 8:15 P. M., EST. upon appli- cation of Farm View Building Co., Inc., 54 James Street. P~t- chogue. New York, for a variance in accordance with the Zoning Ordinance, Article III. Sect!on 301, for permission to divide property. Location of property LOts' No. 3, 4. and 5. Map o: Cedar Beach Park. Southold New York. 8:30 P. M., EST, upon appli- cation of Henry Zabohonski, Fishers Island. New York, for a v~riance 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" Industrial Zone with insufficient side and rear y~rds. LOcation of property: west side of Central Avenue, Fishers Island, bounded north by Boyd and Ahman; east by Central Avenue; south by ~ishers Island Utility; west by Fishers Island Utility. Any person desiring to be heard on the abo~e' applications should appear at the time and place abo~e specified. Dated: December 15. 1972 BY ORDER OF THE SOUTHOLD TOVFN BOARD OF APPEALS COUNTY OF SUFFOLK J STATE OF NEW YORKI ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK 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-i~.......~.O..,-,~...:~..~.././,tV/ ~-Z'wee~ successively, commencing o the ............. ~..1~'3,4... ........ %. ~,~. (,~ ~:..~,~:~..L.:g.. ................ / Sworn to before me this ......... ~.:~ ......day of ........ ...... , ADEL[ PAYNE NOTICE OF HEARINGS Pursuant to Section 267 oI the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, bublic hearings will be held by the Zoning Board of Appeals of the Town of Southnld, at the Town Office, Main Road, Southold, 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 Tolleweed, Mattituek, 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, Pecouic, New York, bounded north by Lucas Pontino Estate;~ east by Indian Neck Lone; south by Leslies Road; west by Rose Koroleski. 8:00 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 ~'~I, for permission to divide ~perty. Location of property: ~outh side of South Cross Road, Cutchogue, New York, bounded north by South Cress Road; east by Platt; south by Fraleigh; west by Fitzpatrick and right of way. I 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 No. 3, 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, Section 901 and 903 and Article XVII, Section 1700 Buik 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 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 should appear at the time and place above specified. Dated: December 15~ 1972 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS FFOLK, ] ~ YORK, ~ ss: ~..~.'..~9.~a~ ............. being duly Sworn, is Printer and Publisher of ~he SUFFOLK 3, a news~per pub~sh~ ~ Gr~n~rt, in ~d the noti~, of which ~e ~e~ is u wint~ publish~ in the ~ Suf~ik W~k~ Times ~k, ~ ............. ~ ........... w~ks nmencing on ~e ... ?~~ .......... ~.~_LL' ' "~ ........ ~/~. ~. t~v:...~.~. ........... FORM NO. 3 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ..................... J.~.~ .................................... Date ......................... ~..~. ..... .~,~ .............. , lC9.~.~... To ..~a~'J~.~f.. B%tJ, ldiD,~.. ~0...i~ .............. .......... · ~¥..-..J-emes...s¢- ........................................ .......... P.e~tc]ho~-ue ....... ~.,3,~ ............................... PLEASE TAKE NOTICE that your application doted .................... ~ee~ ....... ~., ............ , 19...~, for permit to cr~r,~rt ..... ~.~f~..,~,,.~..~. ........ at the premises [ocated at ........~g~&.~...~.~...~C.&~ .................................................................... Street ~O~hO!~ ~*~, Map C~,¢~...~e~...~. Block .................... Lot .,...~,~.~.~,~ .............................. is ~~~disapproved on the following grounds ...... '~'~..~'~'~'~..~B'~e-..t'~...~.~Zt ,.~.0~OOg..~q..Et..ar~ ........................ Ar.~..Lil..sec...~g.l. .......................................................... £ ' Building Inspector / TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellor~t Street and Number ................... ~.a...t..c.~.o.g....u..e. ....................................................... ~.e.~.~....¥..°.~.k..~..o.HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL~ING INSPECTOR ON APPLICATION FOR PERMIT NO. ' DATED !~)" :~t .~ ~ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and N umber Municipality State ( ) PERMIT TO USE ( ) PEEMIT F. OR~OC~UPANCY,~. ~ 1. LOCATION OF 'THE PROPERTY .C.,.e.~.~..~....~..e...~..~...~, ..~..o,..a..d.~ ..S, .o,.~,.~..o.~.d..~ ............. ..A.:] ................ Street Use District on Zoning Map 90 3, 4 and 5 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.) Article III~ Section 301 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 (l~) (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such eppeal was ( ) request for a soecial permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section '280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is reauested for the reason that applicant desires t.o divide Lots 3, 4 and 5 into two separate building lots havin~a~rontage of 150 feet on Cedar Beach Road. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce practicaldifficulti~ orunn~es- sa~ HARDSHIP becau~ the applicant wishes to divide Lots 3, 4 and 5 into two separate building lots with each having less than 40,000 sq. ft., as required by the present Southold Tow~ Zoning Ordinance. 2. The ha~shipcreatedis UNIQUE andisnotshared by all propedies alike in the immediate vicini~ ofthis prope~y and in this use di~rictbecouse most of the other parcels in this subdivision are already in single and separate ownership, and almost all have a frontage on subdivision roads of 100 feet. In order for the applicant, a contractvendee, to utilize s~id Lots 3, 4 and 5 under the present Southold Town Zoning Ordinance, it would be necessary to treat the foregoing lots as a single parcel with a frontage on Cedar Beach Road of 300 feet. Such Utilization of land would be out of character with all of the other lots in the subdivision. 3. The Variance would obse~e the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER oF THE DISTRICT because the lots are situated in an old subdivision in which the major portion of the lots have a frontage of 100 feet on existing roads, and areas ranging from approximately 14,500 sq. ft. to 20,000 some odd sq. ft. Upon the granting of this variance, each of the divided lots would have an area in excess of 20,000 sq. lb, and each would appear more attractive as buildable lots for a residential dwelling. ~s atto ) ss rney COUNTY OF $~I~FOLK' ) '(~~~n~'~['~' ............................... 5'or o th's .............. L. ............................. day nf December w ........................................................ 19 72 ~O~aPy Residing ~n Suffolk County No. 52-71353t5 O~miss)on Expire~ ~rch 3'0,