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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1853 Dated November 2, 1973
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Laury Ford
243 West End Avenue
New York, N~ Y.
at a meeting of the Zoning Board of Appeals on November 2 9, 197 3
was considered and the action indicated below was taken on your
( ) Bequest for variance due to lack of access to property
( ) Bequest for a spedal exception under the Zoning Ordinance
(X) Request for a variance to the Zonint Ordinance
( )
1973
Appellant
the appeal
1. SPECIAL EXCEPTION. By resolut/on of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zonin~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 8:15 P.M. (E.S.T.), upon application Of Laury Ford,
243 West End Avenue, New York, for a variance in accordance with
the Zoning Ordinance, Article III, Section 100-31 and Bulk
Schedule for p~r~'.~ssion~ t0~diVfd~' lot w'ith' les~.!than r~quired
width and are~'~ ' L0¢atlon '0~,'property: ':Pri~te :road off east
side of Wesphalia Road, Mat~ituck, bounded north by Mattituck
Creek; east by J. Rakowski; south by Private Road; west by Robert
J. Munch. Fee paid $15.00.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (wou/d not) produce practical
hardship because
difficulties or unnecessary
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)
change the character of the district because
(would not)
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be ~ranted ( ) be denied and
that the previous decisions of the Budding Inspector ( ) be eonf/rmed ( ) be reversed.
SEE REVERSE .'.. ~ ~ Z~G BOARD OF APPEALS [ ..
FORM ZB4 ~~e~ ,~ecr~etary
After investigation and inspection the Board finds that
applicant requests permission to divide lot with less than
required width and area on Private Road off east side of
Westphalia Road, Mattituck. The Board finds that applicant is
possessed of a piece of property that is larger than most
of the adjoining properties. This is a reasonable division
of property based on an analysis of the surrounding area.
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,.Laury Ford, 243 West End Avenue,
New York, be GRANTED permission to divide lot wi~h less than
required width and area on Private Road off east side of
Westphalia~Road, Mattituck, as applied for.
Vote of the Board: Ayes:- Messrs: GHillispie, Bergen, Hulse,
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 November 29, 1973, on
the following appeals:
8:00 P.M. (E.S.T.)., upon application of William Bourguignon
%00 North Drive, Mattituck, for a variance in accordance withthe
Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule
for permission to divide property into two lots. Location of
propertY: Lot~ L, Shore Acres, North Drive, Mattituck.
-~ 8:15 P.M. (E.S.T.)., upon application of Laury Ford, 2~3
West End Avenue, New York, for a variance in accordance with the
Zoning Ordinance, Article III~ Section 100-31 and B,,l~ Schedule
for permission to divide lot with less th~n required width and
area. Location of property: Private Road off east side of
Westphalia Road, Mattituck bounded north by Mattituck Creek; east
by J. Rakowski; south by Private Road; west by Robert J. Munch.
8:30 P.M. (E.S.T.)., upon application of Louis Getoff,
Waterview Drive, Southold for a variance in accordance with the
Zoning Ordinance, Article III, Section 100-32 for permission to
erect a bus shelter in front yard area. Location of property:
north east side of Waterview Drive, Southold bounded north by
Goose Creek; east by Harrontine& others; south by Cedar Avenue
& others; west by Waterview Drive, Wilkinson & others.
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, Sauthold,
New York, on November 29, 1973,
on the following appeals:
8:00 p.m. (E.S.T.)., upon ap
plication of William
Bourgulgnon, 500 North Drive,
Mattituck, for a variance in
accordance with the Zoning
Ordinance, Article III, Sec" ·
100-31 and Bulk Schedule
permission to divide property
into two lots. Location of:
property: Lot No. L, Shore Acres,.~
North Drive, Mattituck.
'~'8:15 p.m. (E.S.T.)., upon
plication of Laury Ford, 243 ~..,
End Avenue, New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-31 and Bulk Schedule
for permission to divide lot with
less than required width and
area. Location of property:
Private Road off east side of
Westphalia Road, Mattituck
hounded north by Mattituck
Creek; east by J. Rakowski;
south by Private Road; west by
~_ Robert J. Munch.
8:30 p.m: ~E:ST,)., upon ap-
plication,. ,o0-is Getoff,
Waterview Drive, Southold for a
variance in accordance with the
Zoning Ordinunee, Article III,
Section 100-32 for permission to
erect a bus shelter in front yard
area. Location of property: north
Creek; east by Harrontine &
others; south by Cedar Avenue &
others; west by Waterview
Drive, Wilkinson & others.
8:45 p.m. (E.S.T.)., upon ap-
plication of Stanley Garren,
Nakomis Road, Southuld for a
variance in accordance with the
Zoning Ordinance, ArQcle III,
Section 100-31 and Bulk and
Parking Schedule for permission
to divide lot with less than
required area. Location of
property: Nakomis Road,
Southold, bounded north by
Nakomis Road; east by L.W.O.
Property Assn.; south by E. M.
Pearson; west by A. H. Van
Denheugai.
9:00 p.m. (E.S.T.)., upon ap-
plication of Thomas Muncy,
Nassau Point, Cutcbogue for a
variance in accordance with the
Zoning Ordinance, Article HI,
Section 100-35 for permission to
erect a fence which will exceed
permitted height. Location of
property: Lot port of No. 119 and
part of No. 120, Nassau Point
Club Prop., Inc., Re-Subdivided
"B", Bayberry Rood, Nassau
Point, Cutchogue.
9:15 p.m. (E.S.T.)., upon ap-
plication of Samuel & Kathryn
Yasso, 91 Sheridan Avenue,
Williston Park, New York for a
variance in accordance with the
Zoning Ordinance, Article VII,
Section 100-71 and Bulk Schedule
for permission to erect an ad-
dition with reduced side yard.
Location of property: Main Road
(Rt. 25), Mattituck bounded north
by H. Kander; east by L. Lindsay
& L. Alger; south by L. Lindsay;
west by Main Road.
9:30 p.m. (E.S.T.)., upon ap-
plicaiion of Charles & Margaret
Christensen, Pine Neck Road,
Southold for a variance in ac-
cordance w'" ~ 7oning Or-
dinance, Article 111, .~eetion 100-
31 and Bulk Schedule for per-
mission to divide property.
Location of property; south side
of Pine Neck Road, Southuld
bounded north by Pine Neck
Road; east by W. Cain & others;
south by Custer Avenue & Acker:
west by E. MaiBer & W. Dero~ki.
Any person desiring to be heard
on the above appeals should
appear at the time and place
above specified.
Dated: November 16, 1973
BY ORDER OF TIJ, F
SOUTHOLD TOW,
BOARD OF APPEALS
COUNTY OF SUFFOLK, I
STATE OF NEW YORK, ~ ss:
~tuart C. Dorman
...................................... being duly Sworn.
says that ...~.~.. is Printer and Publisher of ~he Sot'FOLK
WEEKLY TIMES, a newspaper published ~t Gz~enport, in said
county; and that the notice, of which the ~-nexed is a printed
copy, has been published in the saki Suffolk Weekly Times
once in erich week, f~r one (1) week~
successively commencing on the
day of .. N°v~!~bez~'-''''''-- 19 73
Sworn to before me this . ?2.n.d I
· .... I l,
JOSEPH LAWRENCE TOWNSEND
/ / NOiA2¥ FUBUC OF NEW YORK
My Cemm,ss;0n £xpkes March 30, 19 ~ff-
NOTICE OF HEARINGS
Pur~,u~nt to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of South-
old, 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, Sough-
old, New York, on November 29,
1973, on the following appeals:
8:00 P. M. (EST), upon appli-
cation of Wi!liam Bourguignon,
580 North Drive, Mattifuck, for
a variance in accordance with the
Zoning Ordinance, Article III,
Section 100-31 and Bulk Schedule
for permission to divide property
into two lots. Location of prop-
erty: Lot No. L, Shore Acres,
North Drive, Mattituck.
· 8:15 P. M. (EST), upon appli-
cation of Laury Ford, 243 West
End Avenue. New York, for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-31 and Bulk Schedule
for permission to divide lot ~ith
less than required width and
·rea. Location of property: Pri-
vate Road off east side of West-
ptmlia Road, Mattituck bounded
north by Mattituck Creek; east
by J. Rakowski; south by Private
Road; west by Robert J. Munch.
8:30 F. M. (EST), upon appli-
cation of Louis Getoff, Water-
[¥iew Drive, Southold for a var-
lance (in accordance with the
Zoning Ordinance, Article III,
Section 100-32 for permission to
erect a bus shelter in front yard
area. Location of property: nm'th
east side of Waterview Drive,
Southold bounded north by
Goose Creek; esst by Harron-
tine & others; south by Cedar
Avenue & others; west by Water-
view Drive, Wilkinson & others.
8:45 P. M. (ESTI, upon appli-
cation of Stanley Garren, No-
komis Road, Southold for a vat'-
lance in accordance w~th the
Zoning Ordinance, Article III,
Section 100-31 and Bulk and
Parking Schedule for permiss!on
to divide let with less than re-
quired area. Location of property:
Nokomis Road, Southold, bound-
ed north by Nskomis Road; east
by L. W. O. Property Assn.;
A. H. Van Denheugal.
Point, Cutchogue for a variance
fence which will exceed pbrmit-
ted hei(~ht. Location of pro,oeriy:
9:I5 P. M. IESTi, upon aDp!i-
COUNTY OF SUFFOLK )
STATE OF NEW YORKJ~ 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 Traveler-Mattituck Watch-
man once each week for ...... ~..~..~.~..~ .~.~./.... week~
successiveJy, commencing on the ............... ,~....~.....)~....~.....
day of ..........
............................... ......
Sworn to be{ore me this ....... L.~.....~... ..... day of
.......... ...~..~.~,..., 19.7ff
]or pe?~nisSl~n to erect a~ addi-
tio~ with reduced side yard.
't,?c~tlbnlOf property Main Road
sn~ Bulk Sche~ le f~ ~r~
sion ~ d~vide pro~rty. ~a~o~
of pro~r~y; sou~h side of Pine
Neck R~d, Sou~hold ~unded
by W. Csin ~ o~hers; south b~
Cus~r Avenue ~ Acker; wes~ by
specified.
Da~ed: November 16, 19~3
ADELE PAYNE
Notary Pu!~lic, S!ate of New Yof~
ResTing m Sug0/k County
FOF~M i~0. 3
T~WN OF SOUTHOLD
BUILDING/DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
...%.....~Z~.L~.E~ ....... ~.=. ....... .E?.!~[E!.~..~ ~
....... ~:?.:.?~....~.% ..... ~!.~:5~,~.CE.~,.. h~ ,vu / ~ e ~ I
~LEASE TAKE ~OTICE that your ~ppJJcafion dated ,~L:P'f .~ 19....~....0 ·
for permit ~o c4x~¢-~'¢~.. .................................. at the premises located at ....................................
................................................................... Street
Mop .................................... Block ......................................... ~) Lot ................................................ is
returned herew th and d~sapproved on the fo Lw, ng grou ds .....................................
~E~.E.....~......~.~.....~L~f.L~.~ ...... ~...A~L...~ ~ ...... ~-..a,:......8~.9~&~
Bull Jing Inspector
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
TO THE ZQNING BOARD OF:APPEALS, TOWN OF SOUTHOLD, N.
GEORGETTE THUR~ER No~ # Jacobs Lane,
1, (~W~ec) ....... .......................................................... of ............................................
Name of Appe.fl~nt Street and Number
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
GEORGETTE THURBER
Name of Applicant for permit
of No ~ Jacobs Lane, Wading ~iver, NY 11792
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(x) Building Permit
OF THE PROPERTY N/s Right of Way, E/o Westphalia Road A-Residential &
1. LOCATION .....................................................................................................
-- Street ' Use District on Zoning MapAgr.zcult-
1000/114/7/2.1 & 2.2
Map XJo. 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 Ordinance.)
Article III 100-31
3 TYPE OF APPEAL Appeal is made herewitF 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 orevlous 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 oermit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOP, APPEAL
) A Variance to Section 280A Subsection 3
) A Variance to the Zoning Ordinance
requested for the reason that lot requires area and width variances & permission to
build'on private road
Form
Continue on other side)
REASON FOR APPEAL
Continued
1. STR CT APPLICATION OF THE ORDINANCE would produce practical difficulties er unneces-
sary HARDSHIP because title to this property was divided at time of purchase from
Gerald & Laury Ford on September 29, 1977, the westerly portion being owned by
Georgette Thurber, and the easterly portion by Kenneth A. Thurber & Doris M. Thurber~
his wife. The parties acted as a partnership at time of purchase and each took a lot.
To reunite the premises as originally held by the Fords would constitute ~ financial
hardship.
2. The hardsk~p created s UNIQUE and is not snared by oil propeffies alike in the immediate
vicm,tj of this property and in this use district because the properties in the i~mlediate
~reas have been previously held in smaller parcels than the subject parcel and have
been improved with dwellings. In the sense that the ordinance would require larger
lots than the established when the Thurbers took title creates a unique situation.
3 The variance would observe the spirit of the Ordinance and WOULD NOT CHANGE
CHARACTER OF THE DISTRICT because adjoining lots are of similar size to
those for which variances are sought.
THE
STATE OF NEW YORK )
) ss
COUNTY OF SUFFOLK )
GEORGETTE
Sworn to this ............................. day of....~ggt2.e.,r. ...................................... 19 80
ELIZABETH ANN NEVILLE
NOTARY PUBlIC.State of New
No. 52-812585~ Suffolk Cou~L~
Term Exmr~ i~arch 38.
f FOR
$outhold Town Board of Appeals -4- November 29, 1973
The Board inds that strict appl
would produce difficulties
the hardship ~d is unique and
properties alike the immediate
and in the same use Lstrict;
change the character the nel
the spirit of the
of the Ordinance
unnecessary hardship;
not be shared by all
of this property
variance will not
)od, and will observe
On motion by Mr. Gil
it was.
Pie, seconded by Mr. Grigonis,
RESOLVED, William ~non, 590 North Drive,
Mattituck, be GRANTED/ io~kto dlvi~e property into
two lots, Lot $ L, ~o Acres, ~rth. Dr~ve, ~attituck,
as applied for, ~jec to the fo~!ng conditionI
That acc~s./b~.provided t~o Plot~ L-2 consisting of
15 feet in w~h adjacent to the north~ly b?rger of
Plot $ L-i; ~ nd that the property shall~e dmv~ded as
requested~the applicant. .. _~.~
Hulse' of ~he ioard: Ayes:' Messrs: Gill~ie, Bergen,
PUBLIC HEARING: Appeal No. 1853 - 8:15 P.M. (~..~/~.,
upon application of Laury Ford, 243 West End Avenue, e~~
York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 100-31 and Bulk Schedule for per-
mission to divide lot with less than required width and
area. Location of property: Private Road off east side of
Westphalia Road, Mattituck,. bounded north by Mattituck Creek;
east by J. Rakowski; south by Private Road; west by Robert
J. Munch. Fee paid $15.00.'
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice to
the applicant.
THE CHAIRMAN: The application is accompanied by a
survey of Van Tuyl showing the surrounding area and indicating
that the premises are situated on a right of way coming in
from Westphalia Road. The property is approximately
52,000 sq. ft. in size on Darby's Branch of Mattituck Creek.
Southold Town Board of Appeals -5-
Novermber 29, 1973
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
IRVING L. PRICE, JR., ESQ.: I have nothing to add
except that I am disappointed that the map doesn't show
it as well as the map that is not a part of the record,
which shows that they would have a frontage of 130 feet.
THE CHAIRMAN: It shows the size of the lots in the
vicinity which would be important to us. The proposed
property is approximately 360 feet on Darby's Creek. The
westerly end is 170' +; the depth of the easterly end is
220'+ on a considerable angle to the right of way. The
westerly lot of 25,000 sq. ft. would have 130' on the right
of way; and the easterly lot, in two courses, would provide
about 130' on the right of way and would have a total of
approximately 27,000 sq. ft. This proposal probably will
have to go to the Planning Commission because of its being
on Darby's Creek.
THE CHAIRMAN: Are there any other questions?
(There was no response.) Is there anyone present who
wishes to speak against this application.
MRS. MARY HAWKINS: I live opposite this property,
and my neighbors Avignon and Ratti live in the Bronx and
have sent Special Delivery letters. There are about five
houses on the right of way and that subdivision would
add more. The road is not wide enough. One family has
two cars and another has three cars.
THE CHAIRMAN: There are no houses on this property
at the present time. You have enjoyed the benefit of less
traffic than would normally be developed.
MRS. HAWKINS: It's an unpaved road. It's 30 feet and
narrows down to 20 feet.
MR. PRICE: The right of way has been there for years.
THE CHAIRMAN: Does anyone else wish to speak against
this application?
(There was no response.)
Southold Town Board of Appeals
-6- November 29, 1973
MR. PRICE: I would like to make certain observations.
Let the record show that these properties in question are
shown on a Map of Roderick Van Tuyl dated October 30, 1973,
and my observation is that the size of the lots of Avignon
and Ratti , as shown, are approximately the same size as
lots that are requested in this application. R. Hawkins
has a lot in the same area and has access to their property
directly from Westphalia Road.
THE CHAIRMAN: I believe this will have to go to the
Planning Commission because it is on water, and it will
also have to go to the Department of Environmental Control.
MRS. M. HARRIS: As I recall, this is quite close to
Westphalia Road so it would not bring in much traffic.
THE CHAIRMAN: I think the point this lady was making
was that it would add another car or two.
THE CHAIRMAN: Are there any other questions?
(There was no response.)
After investigation and inspection the Board finds
that applicant requests permission to divide lot with less
than required width and area on Private Road off east
side of Westphalia Road, Mattituck. The Board finds that
applicant is possessed of a piece of property that is
larger than most of the adjoining properties. This is
a reasonable division of property based on an analysis
of the surrounding area.
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.
On motion by Mr. Bergen, seconded by Mr. Hu~se, it was
RESOLVED, Laury Fard, 243 West End Avenue,.~New York,
be GRANTED permission to divide lot with less than required
width and area on Private Road off east side of Westphalia
Road, Mattituck, as applied for.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Hulse, Grigonis.
Southold Town Board of Appeals -7- November 29, 1973
For the Record: Irving Price, Esq. submitted a
survey of property of Laury Ford dated September 13,
(Survey prepared by Roderick Van Tuyl).
1973.
upon
for a
Article III,
shelter in
east side of
Goose Creek;
Avenue & others;
Fee paid $15.00.
HEARING: Appeal No. 1854 - 8:30 P.M. (E.S.T.),
ion of Louis Getoff, Waterview Drive ,
in accordance with the Zoning Ord ,
:tion 100-32 for permission to e: a bus
yard area. Location of prope .: north-
Drive, Southold, north by
Harrontine & others; ~ by Cedar
by Waterview Driv~-~ :inson & others.
The Chairman o the
for a variance, legal .ce of
to its publication in fficial ne
to the a-plicant. ·
The Chairman read '
November 7, 1973, as follows:
"I am in Manhattan
the application
affidavits attesting
;apers, and notice
from Mr. Getoff, dated
nights working with patients
and so cannot appear before person. I began construction
of a small (7' square, roof ~\slopes from 3' to 7~),
shelter for my daughters tg ~it un~er for their school PUS
in bad weather. I did nog )ly fof~a permit because I
mistakenly thought that ~i small, ~n-permanent, structure
did not require it. I d~ not reard w~re I'm building it as
my front yard as my frost yard is abou~ 400 feet back near
the house. / ~
· I respectfully r~quest that you gran~ me permission to
finish the'shelter s~ m~ ~hildren .can b? o~t of.the rain,
~now, and wind whil~ waiting for the sche?~us. The house
· s about 400 feet ~ack up our driveway wit~_.~nt~rvening woods,
and out of sight ~f where the bus stops. (We~lmye on a
........ . neighbor's ~hmldren
7 and 1/2 acre ece o~ ~an~). my neighbor's ~n
(Gonzalez) will e able to use it als? and my .~er neighbors
(W%lson,.WexleW Terrabacchia) hope that you wi~ grant me
thlS variance/" - ~
Planning Board ~'~~~ ..... '~- .... ~er 22, 1980
E. Whether the proposed set-off will require the extension
of municipal facilities or services.
F. Whether the proposed set-off will be in harmony with
the future growth and development of the town.
G. Whether adequate means of access and off-street
parking are provided.
H. Whether the proposed set-off will adversely affect
the present or future uses of neighboring lands.
If the Planning Board grants approval to Set-off a lot as here-
inbefore provided, it may impose such conditions as it deems necessary
or appropriate.
II. By amending said Chapter Al06 by adding a new Section
thereto, to be Section A106-53 to read as follows:
Section A106-53 Approval of Board of Appeals Actions
Heretofore and between the period from January l, 1971
and September 5, 1979, the Board of Appeals made certain
determinations on appeals to it involving area variances and/or
the relocation of lot lines and/or the set-off of lots, all of
such determinations being set forth on a schedule caused to be
compiled by the Planning Board. Mauy of the Board of Appeals
determinations on said schedule may have required approval by
the ?l~nning Board. However, due to misunderstanding,
inadvertance or oversight, theowners of the lands involved did
not thereafter apply to the Planning Board for its approval.
In the intervening time, many of the lands involved in such
Board of Appeals' determinations have been sold, and/or built
upon in reliance upon the Board of Appeals' determinations and
the subsequent issuance of building permits and/or certificates
of occupancy. The Planning Board ~as reviewed all of the
determinations set forth on the aforesaid schedule. In view of
the foregoing, the Planning Board (and the town board as
evidenced by its approval of this amendment) determines that an
extreme hardship would be caused if such owners were, at this
time, required to obtain approvals from the Planning Board.
Accordingly, it is hereby.determined that any Planning Board
approvals that may have been required with respect to the Board
of Appeals determinations set forth on said Schedule are hereby
deemed to have been granted with the same force and effect as
if the same had been submitted to and approved by the Planning
Board in accordance with the applicable laws and regulations.
It is further determined that said Schedule shall be endorsed
by the Chairman of the Planning Board and filed in the Town
Clerk's Office simultaneously with the effective date of this
amendment.
Vote of the Board: Ayes: Raynor, Gordon, Orlowski, Latham
The resolution will be presented to the Town Board at its meeting
on September 23, 1980 for its action.
IR~rlNG L. PRICE.
March 28, 1977
Howard Terry,
Building Inspector
Main Road
Southold, New York 11971
Re: Gerald and Laury Ford
Dear Howard:
I enclose herewith photostat of letter
from the Department of Environmental Conservation
dated January 8, 1974, my letter of January 14, 1974
to Suffolk County Department of Planning relative to
that and my letter of January 22nd to Mr. and Mrs.
Ford.
It is my opinion that the DEC letter and
my correspondence show that the DEC comes into play
only when construction is to be commenced on each lot.
Very truly yours,
ILP/dg
Enc.
New York State Department of Environmental Conservation
Butlding 40
State University of New York
Stony Brook, New York 11790
HenryL Diamond
Commissioner
January 8, 1974
Mr. Irving L. Price, Jr., Esq.
238 Main Street
Greenport, New York 11944
Dear Mr. Price
Please be advised that it has been our policy to require submissions
of Tidal Wetlands Petitions before filing of subdivision maps. The
map is reviewed by our Department and you will be advised as to which
lot or lots actually require permits from us before construction can
begin. The filing of the map, however, is not considered by us to be
an alteration and does not require a permit from this Department.
Enclosed please find Tidal Wetlands Petitions and other information.
Yo~rs truly
Alternate Local~
Permit Agent
RLH:i
enc.
January 22, 1974.
Mr. and Mrs. Gerald Ford,
881 Ocean Drive,
Apartment 17-F,
Key Biscayne, Florida 33149.
Dear Mr0 and Mrs, Ford:
I enclose herewith photostat of determination made
by the Planning Board of Suffolk County regarding the variance
previously granted in connection with your property in Mattituck.
This means that you now have two legal building
lot~{, but because of the New York State Tidal Wetlands act, before
any building or improvement can be made on either of the lots, an
application for a permit before such a commission must be processed.
This is a fairly new process and could take quite a
while. Therefore, if you have any idea of building or improving the
lots, your application should be put in as soon as possible.
In any event, the work I was retained for has been
completed.
remain
Thanking you for this opportunity to be of service,
IL P :SS
Enclosure
Very truly yours,
January 14, 1974.
Suffolk County Department of Planning,
Veterans Memorial Highway,
Hauppauge, New York.
,~ttention: Mr. Gerald G. Newman, Chief Planner
Re: Zoning Action:---
Petitioner: Laury Ford
Mun. File No. :1853
Oentlemen:
~s your file will show, I represent petitioner, who
applied to the Southold Town Zuning Board of Appeals for variance
to divide one waterfront lot into two building lots.
By letter of December 18, 1973, you informed the
maid Zoning Board of Appeals that you would classify this action
as an incomplete submission pending written receipt from the
referring municipality of the applicability of the "Tidal Wetlands
Act" as determined by the New York State Department of Environ-
mental Conservation.
On December 2'/, 19'/3, I wrotk the Department of
Environmental Conservation as to this matter, asking,, in effect,
if the so-called Moratorium applied to the "mere" act of dividing
a parcel of waterfront property into two. I forwarded a copy of
this letter to you.
I enclose herewith photoi{tat of letter from the
Department of ]!hvironmental Conservation dated January 8, 19'/~i and
addressed to me.
It is my opinion that this letter states that no sub-
mission is required before construction ia begun. I have understood
that all along if the ]~0ratorium is valid. It is just that a mere placing
bi a'iine on a map cannot be any of the acts contemplated by the act.
The instant application is not a "filing of a subdivision map.
(Suffolk County Dept. of Planning) -2-
January 14, 1974.
If I am correct, would you please notify the Southotd
Town Zoning Board of Appeals and myself that the original application
is now a "complete submission",
Thanking you in advance, I remain
Very truly yours,
ILP:SS
Enclosure
Su6f~lk County Depart~nent of p't~i~.Ing
Vet%rahs Memorial I~ghway
Haup~au~e, New ?'d~k 11757
Tow~ of Southold
Board of Appeals
Hr. Robert W. Cilltspie, Jr.
Box 296 -14ain Road
East Marion, New York 11939
January 17, 1974
l~etitioner :
~aury For~
$.C.P.D. Fih No.: SD-74-1
P~rsu~nt to the requirements o£ Sections 13Z3 to 1332 df the SUfidk
Count~ Charter, the ~e cap~oned a~~ ~ch has bee~ re,
ferred to ~e S~fo~ Co-~ P~u~ C~mis~ is c~sidered t~
be a m&~er f~ 1~ detef~ ~e d~is~ ~ 1~ dete~-
fl'~ ehou~ not be c~mst~ed as eider ~.approval or a ~pr~.
Subject to compliance w~th the provisions of the Tidal Wetlands, Act,
if applicable.
Respectfully yours,
Lee E. Kol~pelman
Director of Planning
Page 4 of 12
LIST OF ACTIONS TAKEN BETWEEN JANUARY 1971 and SEPTEMBER 5, 1979
INVOLVING AREA AND/OR wIDTH VARIANCES (ALSO REFERRED TO AS
VARIANCES FOR "CHANGE OF LOT LINES" or "REARRANGING LOT LINES"):
Appeal Date
No. Granted
~pplicant(s)
1851
1852
11/1/73 DEFRiEST, DAVID
11/29/73 BOURGUIGNON, WILLIAM
1853
11/29/73 FORD, LAURY__
1855 12/20/73 GARREN, STANLEY
1858 12/20/73 CHRISTIANSEN, CHARLES
& MARGARET
1859 12/20/73 KRULL, CHARLES &
ROSEMARY
'1861 12/20/73 PISACANO, GASPER
1863
1864
12/20/73 MANN, JOAN & RUSSELL
1/10/74 GOEHRINGER, GERARD
Property Location
W/s Horton Lane, Sthld.
P!o% L, Shore Acres,
North Drive, Matt.
Private Road off Westphalia
Road, Mattituck
Nakomis Road, Southold
S/s Pine Neck Road, Sthld.
R-O-W off S/s King St, Orient
Cedar Beach & Paradise Point Roads,
Southold
Oakwood Dr. & Christopher St, Sld.
Sigsbee Road, Lots 46 & 47,
Mattituck Park Properties, Matt.
1870
1874
.1875
1880
1882
1883
1884
1885
1896
1897
1809
1905
1907
1912
1918
1914
1915
1901
1922
1926
1935
19 ';
1943
2/7/74
2/28/74
2/28/74
2/28/74
3/28/74
3/28/74
4/11/74
4/11/74
5/2/74
5/2/74
5/23/74
5/23/74
5/23/74
5/23/74
6/13/74
6/13/74
7/11/74
7/11/74
7/11/74
7/11/74
8/1/74
8/22/74
8/22/74
O'CONNELL, DANIEL J.
MARGARET
WOOLFE, RAYMOND
WERBER, ANN
WOLBERT,
&
S/s Park.Avenue, Mattituck
& RUTH N/s Whistler Ave, Fishers Island
Private Road at s/s Indian Neck
Lane, Peconic
HOWARD L. E/s West Mill Road, Mattituck
FLISS, STANLEY
AHLERS, GEORGE
WHEELER, MARY E. &
LINDAJ.
PISACANO, GASPER
MOSBACK, LUClLLE
MATHER, EMILY R.
Bray Ave. & Albo Drive, Laurel
W/s Cedar Drive, Southold
E/s Boisseau Ave, Southold
Cedar Beach & Paradise Point Roads,
Southold
S/s Main Road, East Marion
Matt. Heights Subd. Lots
53, 43, 44, 76, 77. Baye~ Road &
7/1/74 as amended Grand Avenue,Matt.
&/DALCHET CORP. S~s Main Road, Cutchogue
FROSINA, JOHN & KATHERINE S/s Jockey Creek Dr, Sthld.
cAPELLUTO, JOHN & MARY North Sea Drive to Soundview
Ave, Sthld.
STEFANINI, TONY E/s Equestrian Ave, Fishers Isl.
M.A. KELSEY PROPERTIES INC. Main Rd. & Love La, Matt.
CARDINALE, ADELINE S/s Peconic Bay Boulevard, Laurel.
LUCE, FLORA N/s
KELLY, PAUL & JACQUELINE
DeMARIA, RICHARD
MUTTITT, CLINTON
EVERETT, BARRY by
Pine Tree Road, Cutch.
N/s Private Road & W/s Camp
Mineola Road, Matt.
Hiwatha Path, Sld.
E/s Grand Avenue, Matt.
MST CONSTRUCTION CORP. Lots 421 & 422, Nassau Pt, Cut.
O,KEEFE,'CHARLOTTE SW/c Deep Hole Dr, Matt.
JENSEN, FINN B. & BARBARA Eastwood Estates Map ~3683,
Lots 3 & 4, Cutchogue
C
Y
IRVING L. PRICE, JR.
December 27, 1973.
New York State Department of E~zironrnental Conservation,
Building 40,
State University.
Stony Brook, New York.
Gentlemen:
~ client of mine. owning waterfront property, ham applied
to Southold Town Zoning Board of Appeals for permi~eion to divide said
property into two (2) building lots. No building or any other activity is
planned at this time.
The maid Board of Appeals ham referred the application to
the Suffolk County Department of Planning, which has stated that they are
considering thi~ "as an incomplete ~tbml~mion pending written receipt from
the referring municipality of the applicability of the "Tidal Wetlands Act"
as determined by the New York State Department of Environmental Con-
servation."
Does the Tidal Wetlands Act, as much, apply to the mere
act of dividing a parcel of waterfront property into two?
Along with the answer, please send copy of rules, regulations
and procedures pursuant to the "Tidal Wetlands Act".
Thanking you in advance, I remain
Very truly yourm,
ILP:SS
cc: Mr. and Mrs. Gerald Ford,
243 West End Avenue,
New York, N. Y.
Southold Town Board of Appeals,
Southold, New York 11971.
Suffolk County Department of Planning,
Veterans Memorial Highway,
Hauppauge, L.I., N.Y.
(Re: Zoning Action-
Petitioner: LauryFord
Mun. File No.:1853)
December 24, 1973
Irving L. Price, Jr., Esq.
238 Main Street
Greenport, New York 11944
Dear Mr. Price:
With regard to petition of Laury Ford, the Appeals
Board has received a letter from Mr. Gerald Newman, Chief
Planner, Suffolk County Department of Planning.
We are enclosing a copy of the letter for your in-
formation.
Very truly yours,
Enclosure
Marjorie McDermott, Secretary
Southold Town Board of Appeals
'~COMMISSIO N
Seth A. Hubbard
Chakrnan
Suffolk County
Department of Planning
Veterans Memorial Highway
Hauppauge, L. L, N. Y.
724-2500
December 18, 1973
I:L;~ s~it2°gld~ard of ~pp.als '~4 I °
East Marion, New York.il939
Zoning Action:_ _ _
Petitioner: Laury Ford
Mun. File No.:1853
Dear Mr. Gillispie,
..... ~ ...... ~ ..... ,~ ~q ~oe~on~ 1323 to 1332 of the
Suffolk County Charter, the above captioned proposed zoning action will
be classified as an incomplete submission pending written receipt frUm
the referring municipality of the applicability of the "Tidal Wetlands
Act" as determined by the New York State Department of Environmental
Conservation.
Very truly yours,
Lee E. Koppelman
Director of Planning
by_
Encl. (1)
aa
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Rood
Southold, N. Y. 11971
TOWN CLERK 765-3783
Building Dept. }
Planning Bd. 765-2660
Board of Apl~eals
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B,
Sections 239-1 and' m, the .. ..,J~lJ~,J'~, .. off'.. Ap~ee~.l~ ........ of the town of ........ ~ ............
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
............ New and recodified zoning ordinance
............ Amendment to the zoning ordinance
............ Zoning changes
............ Special permits
.;J~J~... Variances A1}p~L~eat:[o~l of L~M~-~ FoF¢~
Location of affected land:
within 500 feet of: (check one or more) ~stt~.t~t~(3~t
...33QL ~ ..... .;'='~_'~_'__-.';..~. ~thorelZue of creek
............ State or county road, parkway or expressway
............ State or county park or recreation area
............ Stream or drainage channel owned by the county or for which the county has established
channel lines
............ State or county owned parcel on which a public building is situated
Comments: ~-e board approved division o£ the lot as :Lt was about t~lee
ae la~ge a. the average off othe~ lots or, t!;~: i~,.f .'f. amd ~r~ound~ng
Az'~a ·
(sign~) q u ~
Chairman Bd Appeala
Title
Date received by Suffolk County Planning Commission ........................................................................
File No .................................
o~ ,o,, ,o., oO
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTNOLD, N. Y.
NOTICE OF DISAPPROVAL
A~V, ~ ,9.?.3
File No .......... ../...~.....~.. - .~.. · ................................... Date ......................................... ,/ ............. , .......
PLEASE TAKE NO&,~I,C.E that your application dated ............. ,~.....~.. ..................... , 19~.~.
~f°r p, rmit to ~,~ ~ ........................................ at the premises located ~, ..~..~ ....... .~
~ ....... ~.....~...~..~~ ~ ' ...... ~ ~.....~t reet ~ r ~ ~,~~ ~'
Map ......... ~: ....................... Sl~k ......... ~, .............................. Lot ...~ ....................................... is
~.~..~....~.....~.~..~....~.....~o..~:~.~......~......F....~..~ ............................
................ ~ ......... ~ ...... t~.o...-.~.t....~.~..... ...~ ................. ~.....~.....~.:.~
gui]ding Inspecfol~- /
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. /o~'5-~-~
DATE ....~.~..l.~./..?..3. ..........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
], ...................................... of ............................
Name of Appellant Street and Number
................... .~_.e..w.....~...o.~.~.~. .................................................... ~Te.w....~..f?..~..~. .............. HEREBY APPEAL TO
Municipality State
THE ZONING BOARD Of APPEALS FROM THE DECISION OF THE BUILDII~IG INSPECTOR ON
APPLICATION FOR PERMIT NO ............................. : ....... DATED .......... !.!L..~../...?/,,~. .........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
(X)
( )
( )
Name of Applicant for permit
of
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ...R..~ig.h..t.~.~..f.~..w...~a~.~..~s..~..~u.~.h.~.s.~i..d.~e.~.~.D~.a.~.r..b.~/.'.~s~E~g~. ...........
Street Use District on Zoning Map
Road, Mattituck, New York, "B" District.
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 Ordinance.)
Art. III, Section 301
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zo.n!ng Map
( ) A V~RIANCE due to lack of access (State of New York Town Law Chop. 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 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 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
is requested for the reason that appliaant is owner of lot with 5~, 000 squarefi~et.
PermiSsion requested to divide into two lots with 25,000 square feet and
27, O00 square feet respectively.
Form ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because lots in vicinity are generally smaller than premises.
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 this is only long lot in immediate
area and division would make premises conform.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER oF THE DISTRICT because lots resulting from division would be o£ equal
or larger size than improved parcels in vicinity.
STATE OF NEW YORK ) ~~:~....
) ss ..... .t~y.. ,' ........ ~ .................
COUNTY OFSUFFOLK) - ~i~nature Irving"~L~'~' ~, Jr.
, ~ , Attorney at Law
Sworn ~o ~his ~ ~......' ............... day -' November ~ · ~9 73.
Notary Public
MIRIAM HARTLE¥
NOTARY PUBLIC, State of New
No. 52-1695~0 3mlolk County
12~mmi~sion Expires }larch 30,
IRVING L. PRICE, JR.
November 2, 1973.
Town of Southold Building Department,
Town Hall,
Southold, New York 11971.
Re: Variance - Laury Ford
Gentlemen:
I enclose herewith form ZB1 in triplicate, with three
(3) copies of small detailed map and large detailed map, together
with my check to your order for $15.00, and request that this be
noticed at a hearing as soon as possible.
ILP:SS
Enclosures
VerSts,
COx
$ ¢~I¢;
SO '= I°'
MAP OF
E ALD
% /?
,2. o d~m'c~. Va~ 1"u¢'1, i~. c,