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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS DATET'.a1.laarx....27, 1966
Appeal No. 824 Dated January 13, 1966
ACTIUN OF THF ZONING BOARD OF APPEALS OF THE TOWN OF SOUT'HOLD
William Wickham,Esq. a/c Margaret V. Braatz Appellant
TO Main Road Nassau Point
Mattituck, New York New York
at a mecting of the zoning Board of Appeals OnThursday, January 27,1966 the appeal
was considered and the action indicated below was taken on your
i X) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X) RequesC for a variance to the Zoning Ordinance
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 Inspector ( ) be reversed ( ) be
confirmed because -
7: 30 P.M. (E.S.T. ) , Upon application of William Wickham, Esq. , a/c
Margaret V. Braatz, Nassau Point, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 303, Artixle X, Section
1000A, for permission to create two lots with insufficient frontage, and
for recognition of access in accordance with the State of New York Town
Law, Section 280A. Location of property: south and east side of
Vanston Road, Nassau Point, New York, bounded north by Vanston Road,
east by Little Peconic Bay Road, south by Wunneweta Pond, west by Vanstml
Road-
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec-
essary hardship because
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) (would not)
change the character of the district because
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.
Jit'--IJ LX ZONING BOARD OF APPEALS
FORM ZB4
S
6bar`aC. Dittmann, ecretary
After investigation and inspection the Board finds that the
applicant request the reduction of frontage on two lots and
approval of access in a proposed subdivision to be known as
"Harbor Cave" , located at Nassau Point, East Cutchogue, New York.
Lots numbers 11 and 12 will have a frontage of 78' feet, however,
lot number 11 will have 34,000 square feet and lot number lw
will have 20, 000 square feet. Both lots will contain more square
footage than required by the Zoning Ordinance, therefore, the
spirit of the Ordinance will be observed. The right of way to
be named Sailors Lane will be a 50 foot right of way with a
turn-arqund circle of 110 feet in diameter. ,The .Boatd finds that
all other lots in the proposed subdivision have ample frontage on
the road.
The Board finds that strict application of the Ordinance will
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; add the variance does observe the spirit of the Ordinance
and will not change the character of the district.
Therefore, it was .RESOLVED that William Wickham, Esq. , Mattituck,
New York, a/c Margaret V. Braatz, Nassau Point, New York, be granted
permission to create two lots, numbers 11 and 12 in a proposed sub-
division to be known as "Harbor Cove", located at Nassau Point, East
Cutchogue, New York, with insufficient frontage of 78h feet on a
turn-around circle to be 110 feet in diameter. The Board further
grants permission for a 50 foot right of way, to be named Sailors
Lane. Said right of way will have a turn-around circle of 110 feet
in diameter. Said right of way shall be passable for automobiles,
fire trucks, ambulences, and all other essential and emergency
equipment. The right of way to be known as Sailors Lane, and the lots,
numbers 11 and 12, shall be constructed and established as shown on the
map of "Harbor Cove" , located at Nassau Point, East Cutchogue, New York,
owned by Margaret V. Braatz, map by Otto Van Tuyl & Son, dated October
20, 1965 and December 30, 1965.
LXG?M NOTICE
Notice of Hearings
Pursuant to Section 267 of the Town Law and the
provisions of the amended Wilding 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, Bain Road,
Southold, New York, on the 27th day of January, 1966,
on the following appeals:
7130 P.M. (E.S.T.) , Upon application of William
Wickham, Esq. , Mattituck, New York, a/c Margaret V. Braats,
Nassau Point, New York, for a variance in accordance with
the Zoning Ordinance, Article 1II, Section 303, Article
X, Section 1000A, for permission to create two lots with
insufficient frontage, and for recognition of access in
accordance with the State of New York Town Law, Section
280A. Location of propertyi south and east side of Vanston
Road, Nassau Point, New York, bounded north by Vanston
Road, seat by Little Peconic Bay Road, south by Wunneweta
Pond, west by Vanston Road.
7e45 P.M. (E.S.T.) , Upon application of David S. Strong,
Camp Mineola Road, Mattituck, New York, for a special
exception in accordance with the Zoning Ordinance, Article
III, Section 300, Subsection 5 (i) for permission to erect
a storage building for boats on the premises of a marina
that is now subject to a special exception use. Location
of propertys camp Mineola Road, Mattituck, New York, bounded
LEGAL NOTICE
NOTICE OF HEARINGS
Pursuant to Section 267 of the
Town Law and the provisions of COUNTY OF SUFFOLK, 1
the Amended Building Zone Or- SIATE OF NEW YORK, r ss:
dinance of the Town of Southold, j
Suffolk County, New York, public
hearings will be held by the Zon- l ���
ing Board of Appeals of the Town. . . . . . . . . '." ',J ' . . . . . . . . . . . . ' • • • . . being duly Sworn.
of Southold, at the Town Office, says that is Printer and Publisher of the SUFFOLK
Main Road, Southold, New York,
on the 27th day of January, 1966, WEEKLY TIMES, a newspaper published at Greenpott, in said
on the following appeals:
7:30 P.M. (E.S.T.), Upon appli- county; and that the notice, of which the annexed is a printed
cation, of Wdlliam Wickham, Esq.,
Mattituck, New York, a/c Margar- copy, has been published in the said Suffolk Weekly Times
et V. Braatz, Nassau Point, New
York, for a variance in accord- once in each week, for . . . . . . . . . :: .C".. . . . . . . . . . . . week$
ance with the Zoning Ordinance,
Article III, Section 303, Article X, successively commencing on the
Section 1000 A, for permission to J ✓,.
create two lots with insufficient day of . . . 4:- 19 .6.
frontage, and for recognition �of-
r=� �.
Stated . . . . . . . .
to accordance with ��
State of New York Law, Section
280 A. Location of property: south Sworn to before me this
and east side of Vanston Road,
Nassau, Point, New York, bounded day of (sir - ;_� .
north by Vanston Road, east by ✓ j7, i
Little Peconic Bay Road, south .by "/" " " '' �' ' 1'�1• . . ' .'\' ." ' ."'" '
Wunneweta Pond, west by Van-
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ston Road.
7:45 P.M. (E.S:T.), Upon appli-
cation of David S. Strong, Camp
Mineola Road, .Mattiti ck, New " �'�'
-Ol,^,N ' nLw York
York, for a special exception in
accordance with the Zoning Or- t..: ' --onty
dinance, Article III, Section 300,
Subsection 5 (i) for permission, to ��""
erect a storage building for boats
on the premises of a marina that
is now subject to a special ex-
ception use. Location of proper-
ty: Camp Mineola Road, Matti-
tuck, New York, bounded north
by Peter Kreh, Jr., east by Peter
Kreh, Jr., ,south by Peter Kreh,
Jr. and Allen, west by James
Creek.
Any person desiring to be heard
on the above applications should
appear at the time and place above
specified.
DATED JANUARY 13, 1966, BY
ORDER OF THE SOUTHOLD
(POWN BOARD OF APPEALS
itJ21
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ud
DATE �4?!t.J.3.j...?: 66
TOJHE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (i,) William Wickham for the
A./a...of -Marg-a r-e t...V......Braatz.....of ............................................................................
Name of Appellant Street and Number
......)ffApAqAj• oint......................................................... 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 ....................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
........................................................................................................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROP ERTY.;5.QAW.an1d...E.as.t_side...V.an.st.on...R.oa.d.,.. Point
.... .. .. .... .. side..... .. .... .... .... .. .... ..
Street Use District on Zoning Map
Map No. ...... .......Lo"t,*No.
(See survey attached)
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 Ordinance.)
tjt: III 1e5 13 1 1�2t. X See 1000A of Zon Ordinance
e. )y T��'L �Rg
w — kaucuk35 tb MtUr_LV.V J_UUzj
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
(X) 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 It=) (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 was made in Appeal No. ................................Dated ........................................ .............................
REASON FOR APPEAL
A Variance to Section 28QA Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that Applicant wishes to subdivide her property
fronting on Vanston Road, Littl Peconic Bay Road and Wunneweta Pond,
Nassau Point. In the proposed Solivision on the attached survey, Lots
aidreduced frontage on the turn—around of Sailors
M 1,Lhave a
kknonseinullono ersi e Lane and access is required for Lots Nos. 10, 11, 12
Form ZB1 and 130
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUE HARDSHIP '
In the proposed development Lots Nos. 11 and 12 have ample
square footage. she shape of the lots and respective sizes,
however, could be better served by a reduced frontage of
Lots Nos. 11 and 12 and there would be zufficient frontage on
Sailors Dane for all purposes.
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 all the other lots i r the
proposed development have ample frontage on a public highway,
or Sailors bane, a 50 foot access road with a turn-around
with a diameter of 110 feet.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because all the lots in the proposed develop—
ment would be more uniform.
STATE OF NEW YORK ss �. . . ....1 ,:... ... .:� ;., .
COUNTY OF SUFF-OI,K ) Signature
3L)i aY aa� ................19 06
Swornto this................................................day of........J ............�...........
•.•..• • •M SYS. ....•e•..�..•.,.F Y ..�...:iY.Y.i:...i....•.........•..� y 1 q _
Notary Public
1 ti
FORM X110. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N. Y.
AlOTICE OF DISAPPROVAL
FileNo. ........................ ........ ............................... Date ........ ..........; ..January.....;Q..........
To .k lm.....Wlakham.. A/C..... Margar.e.t..Bratz
N'Tx!.. .............. .
. ................
.................. ..... . ............... .................. .. ....................
map
PLEASE TAKE NOTICE that your} 4 QL% dated ..........Qc.t.....20,. . X4.5....... 19........
oPtf
buildin to s
for permit to construct .PVt.....Road4&...set. a th.e prem.seF loed at Little.-Pacioaic
bay,,,Road,,.&..Van ston..Rd.................. Street Nassau Point, Cutchogue, N. Y.
Nassau Point Club Properties
Map ......... ............... .. .......Block ....... ....... . .... .., . ....... . . Lot .no..number. ... .... ............... is
rXXjYKd6KX&@&X2DCKU disapproved on the followins, ground< ....I1Ck ...of...aApr.ovP�„.access
........ 3.. ...Q.f...T.Q ..Law .......... ........ ....................... ......... ................ ...............
........................................... ......... ............... ..........I..... I.......... ... ......... . ..,.........._. ......... ........ .....I..................
........... ............................... ..... ............... ..................... .......... ............._ ............... .......... ... ............ ...............
dC.... .... I... ..... ..... ..................
LL Building Inspector
TOWN OF SOUTHOLD ZONING BOARD OF APPEALS
X
In the Matter of the
Application of
MARGARET V. BRAATZ
X
TO THE ZONING BOARD OF APPEALS:
Josephine Standley, residing at Lot #244 Little
Peconic Bay Road, Cutchogue, New York, by her attorney, Lefferts
P. Edson, hereby requests:
1. That the application of Margaret V. Braatz for recognition
of access and for permission to subdivide and convey lots with
insufficient frontage be adjourned until a later date at which
time it can reasonably be assumed that persons owning property in
the vicinity of the property of the application will be available
to attend and take part in the hearing. This is not now the case
since many of the said interested persons are summer residents
and are not available to attend, nor to receive actual notice of
the hearing.
2 . In the event that no adjournment until such later date
is had, objection to the application is hereby made for the
following reasons;
A. The intensive use of this Nassau Point property
which would be caused by the creation of interior parcels is not
consistent with the character of the general development of
resident properties in Nassau Point.
B. The granting of permission to convey parcels of
land with less than minimum frontage tends to degrade the
values of other properties in the neighborhood and furthermore
in this particular case, no hardship apparently exists which
might justify such action by this Board.
C. The enclosed copy of the map of Harbor Cove is
in fact an attempt to subdivide a tract of land without the
approval of the Southold Town Planning Board, the Suffolk County
Department of Health, the Southold Town Highway Superintendent
and the Southold Town Board, and is also an attempt to circumvent
the administrative procedures, rules and statutes which exist
and must be complied with in subdividing property by all persons.
D. The Southold Town requirements for bonding an
owner for the construction of a highway is also circumvented.
E. The map of Harbor Cove also shows a plan to create
a marina to accommodate 14 boats. If these individual mooring
areas are to be conveyed to the respective owners of the lots
shown on the map, such a conveyance would be contrary to the
zoning ,ordinances of the Town of Southold in that the plots are
substandard, and if this boating facility is to be operated
without a conveyance of the berths to the lot owners, separate
application for this use must be made. The application is not
here being made. The map of Harbor Cove also shows the erection
of spiles within the waters of Wunneweta Pond. Construction in
Wunneweta Pond is entirely within the jurisdiction of the Board
of Trustees of the Town of Southold. No notice of an application
for this purpose to the Board of Trustees of the Town of Southold
has been had.
F. The right of way from Little Peconic Bay Road
to the marina as shown on said map runs along the westerly
property line of Josephine Standley. The use of this right of
way by all of the owners of the lots shown on the map would
create a noisy and dusty condition which would greatly inter-
fere with the peaceful enjoyment of her property. For this
reason it is suggested that the said right of way run to the
water front from Vanston Road on the west, thereby running
through property owned by the developer.
For the reasons stated above, in the absence of
an adjournment to a time for a hearing convenient for the owners
of properties in the neighborhood, your objectant hereby prays
that the application hereinabove mentioned be denied.
L fferts P. Edson
Dated: January 27, 1966
I
TOWN OF SOUTHOLD
f
ZONING BOARD OF APPEALS
In the Matter of the
. Application of
MARGARET V. BRAATZ
t
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1
1 t LEFFERTS PAINE EDSON
I ATTORNEY AT LAW
MAIN ROAD
SOUTHOLD, N. Y. 11971
The Tuttle Law Print. PublisheM. Rutland. Vt.
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