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Home My WebLink About1856 TOWN OF SOUTHOLD, NEW YORK ~,~TXON O~ Tm~ ZOm~ SOA~ O~ ~'~ Appeal No. 1856 Dated NOV. 8, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Thomas Muncy Nassau Point Cutchogue, New York DATE ..Nou......2.9, 1973 Appellant at a meeting of the Zonir~ Board of Appeals on November 29, 1973 was considered and the action indicated below was taken on your ( ) Request for variance due to lack o£ access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal I. SPECIAL EXCEPTION. By res~ution of the Board it was determined that a speci~ exception ( ) be ~a~ed ( ) ~ deuled p~suant ~ Article .................... ~ct~n .................... Subsec~on .................... paragraph .................... of the Zoning Ordinance and the d~on of the Building Inspector ( ) be reversed ( ) be conf~med b~an~ 9~00 P.M. (E.S.T.), upon application Of Thomas Muncy, Nassau Point, Cutchogue, for a variance in accordance with %he Zoning Ordinance, Article III, Section 100-35 for permission to erect a fence which will exceed permitted height. Location of property: Lot part of 9119 and part of 9120. Nassau ~oint Club Prop., Inc., Re-Subdivided "B", Bayberry Road, Nassau Point, Cutchogue. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce 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 granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. &._PPROVED Marjo~ie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to erect a fence which will exceed permitted height on Lot part of %119 and part of %120, Nassau Point Club Prop. Inc. The findings of the Board are that applicant wishes to furnish a barrier between his home and his neighbor's to the north. The neighbor's home is being built at the present time. The Board finds that this is a reasonable request. For all practical purposes the area between the applicant's house and the garage is his rear yard area. Applicant asks permission to extend this fence no further than 15 feet east of the garage, a distance of approximately 195 feet to Bayberry Road. 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, Tbomas Muncy, Nassau Point, Cutchogue, be GRANTED permission to erect a fence which will exceed permitted height on part of Lot ~119 and part of Lot %120, Nassau Club Prop., Inc., Bayberry Road, Nassau Point, Cutchogue, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. LEGAL NOTICE Notice of Rearings 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 ~O0 North Drive~ Mattituck~ for a variance in accordance with the Zoning Ordinance, Article III~ Section lO0-31 and Bulk Schedule for permission to divide property into two lets. Location of property: Lot ~ L, Shore Acres~ North Drive~ Mattituck. 8:1% P.M. (E.S.T.)., upon application of Laury Ford, West End Avenue~ New York~ for a variance in accordance with the Zoning Ordinance, Article III~ Section lO0-31 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 bou_uded 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 Page 2 8:~5 P.M. (E.S.T.)., upon application of Stanley Garren~ Nakomis Road~ Southold for a variance in accordance with the Zoning Ordinance~ Article III~ Section lO0-~l and Bulk and Parking Schedule for permission to divide lot with less than required area. Location of property: Nakomis Road~ Southotd~ bounded north by Nakomis Road; east by 'L.W.0. Property Assn.; south by E.M. Pearson; west by A.H. Van Denheugal. 9:00 P.M. (E.S.T.).~ upon application of Thomas Euncy~ Nassau Point~ Cutchogue for a variance in accordance with the Zoning 0rdinance~ Article III~ Section lOO-~ for permission to erect a fence which will exceed permitted height. Location of property: Lot part of ~ll9 and p~rt of~120~ Nassau Point Club Prop., Inc.~ Re-Subdivided "B"~ Bayberry Road~ Nassau Polnt~ Cutchogue. 9:1~ P.M. (.E.S.T.).~ upon application of Samuel & Kathryn Yasso~ 91 Sheridan Avenue~ Williston Park~ New York for a variance in accordance with the Zoning 0rdinance~ Article VII~ Section lO0-71 and Bulk Schedule for permission to erect an addition with reduced side yard. Location of property: Main Road (Rt~ 2~), Matt;tuck bo~uded north by H. Kander; east by L. Lindsay & L. Alger; south by L. Lindsay; west by Main Road. 9~0 P.M. (E.S.T.).~ upon application of Charles & Margaret Christensen~ Pine Neck Road~ Southold for a variance in accordance with the Zoning 0rdinance~ Article III~ Section lO0-~l and B~lk Schedule for permission to divide property. Location of property south side of Pine Neck Road~ Southold bounded north by Pine Neck Road; east by W. Cain & others; south by Custer Avenue & Acker; west byE. Mailler & W. Deroski. Legal Notice Page 3 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 THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE~ November 23~ 1973~ AND FORWARD SEVEN (7) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS~ MAIN ROAD~ SOUTHOLD: NEW YORK. Copies mailed to the following on November 16, 1973: The Long Island Traveler-Mattituck Watchman The Suffolk Weekly Times Mr. William Bourguigon ~. Irving Price.: a/c/ Laury Ford Mr. Louis Getoff Mr. Stanley Garren Mr. Thomas Muncy Mr. Samuel Yasso Mr. Charles Christensen Legal 379 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, Scuthold, New York, on November 29, 1973, on the following appeals: 8:00 p.m. (E.S.T.)., upon ap. plicatinn of William Bourguignon, 500 North Drive, Mattituck, 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 property: Lot No. L, Shore Acres, North Drive, Mattituck. 8:15 p.m. (E.S.T.)., upon ap- pllcation 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 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. 8:30 p.m. (E.S.T.)., upon ap- plication 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 Creek; east by Harrontine & others; south by Cedar Avenue & others; west by Waterview Drive, Will~nson & 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, Article 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 Denheugal. -- ~ 9:00 p.m. (E.S.T.)~, upen ~p- plicatinn of Thomas Muncy, Nassau Point, Cutcho~ue for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to erect a fence which will exceed permitted height. Location of property: Lot part of No. 119 and part of No. 120, Nassau Point Club Prop., Inc., Re-Subdivided "B', Bayberry Road, Nassau. Point, Cutchogue. --- 9:15 p.m. (E.S.T.).~ upon ap- pllcation of Samuel & Kathryn Yasso, 91 Sheridan Avenue, Wllliston 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- pllcation of Charles & Margaret Christensen, Pine Neck Road, Southold for a variance in ac- cnrdane~ with th~ ?~nnin~ Or- COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: ...................................... being duly Sworn, s~ys that .. ~... is Yrinier ~d Publisher ot ~e S~FOLE WEEKLY TIMES, a news~per pub~sh~ ~ G~n~rt, ~ ~d county; and ~at the noti~, of which ~e anne~ ~ u ~t~ ~py, ~s ~en published in the ~d Suf~lk W~k~ T~es once in eoch w~k, f~ ~ suc~ssively oommencing on ~e d~ of S~ to ~t~e me ~his ........... d~y ot ........ ...... .... JO' EPH LA,/~ E~'~CE TO,,'~,N~EN~o ~..~ OF ~EW YO~E My COmrl ss or] ~xpJres March 30, NOTICE OF HEARINGS Pursuant 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 heki by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York, on November 29, 1973, on the following appeals; 8:00 P. M. (EST), upon appli- cation of William Bourguignon, 5~0 North Drive, Mattituck, 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, Ma~tituck. 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 with less than required width and area. Location of property: Pri- vate ROad off east aide 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 P. iVL (EST), upon appli- cation of Louis Getoff, Water- ~i~w Drive, Southold for a var- lance in ~ccordance with the Zoning Ordinapce, Article III, Section 100-32 for permission to erect · bus shelter in fron~ yard area. Location of property: north east side of Waterview Drive, Southold bounded north by. Goose Creek; east by Harron- tine & others; south by Cedar Avenue & others; west by Water-, view Drive. Wilkinson & others. 8:45 P. M. (EST), upon applio cation of Stanley Garren, Na- komis Ro~d, Southold for a var- iance in accordance w~th ti~e Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide lot with less than re- quired area. Location of property: Nakomis Road, Southoid, hotrod- ed north by Nskomis Road; east routh by E. M. Pearson; wes~ by A. H. Van Denheugal. Point, Cutchogue for a variance in accordance with the Zordng Ord!nance, Article III, Section ted height. Location of property: Lot part of NO. 119 and pa~'t of No. 120, Nasmqu Point Club Prop. Inc., Re-Subdivided "B" Ray- cation of Samuel & K~tinyn Zoning Ordinance. ArUcle VII, COUNTY OF SUFFOLK } 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 ~nnexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- Sworn to before me this ...... ~......~.. ........ day of tion with reduced side yard, Location of property: Main Road irt. 25), Msttituck bounded north by H. gander; cast by L. Lindsay & L. Alger; south b~ L. Lindsay:, west by Main Road. 9:30 P, M. (EST), upon ~plt- cation of Charles & Margaret Christensen, Pine Neck Road, Southold for a variance in ac- cordance with the Zoning Ordi- nance, Artic'e III, Section 100-31 and Bulk Schedule for permis- sion to divide property. Location of property; south side of Pine Neck Road, Southold bounded north by Pine Neck Road; crest by W. Cain & others; south by Custer Avenue & Acker; west by Any person desiring to be heard on the above appeals should ap- pear at the time and place above specified. Dated: November 16, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ekeS[ TAK[ ~O*IC[ that your opplicotion ~(:~:~.~ ~,~,Z~:..~,~ ..................... ~m~ h~ith ~ disapproved on the fol]owin~ g~ounds ....... ~ ........ ~~ ~.: ........................................ ......................... ~....,~..~ ...... z,~.~.:...~ ......................................................... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO./<~"'~- ~ D^TE ........ TO THE ZONIF,J~ BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~ 1, (We)~./~2....~¥./...~...~/..~..~//~..,.of ~~/...~..~.~.~/~.~.~ ...... Name of Appellant /'/~-- Street and Number ~/Municipality ~S'tat e THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..... ,~...,?. ,~,L~....--...,~-.. ...... DATED ......... ./..~...~.~..~...,.~..,.?,...~.. ..... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ~/ ~5treet Use District on Zoning Map ................................. ............. 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,) 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 PREVIOUS APPEAL A previous appeal (t~ (has not) been made with respect to this decision 4. of the Building Inspector or with respect to this property. Such ~ppeal was ( / request for a specia[ permit ( ) request for a variance and was made in Appeal No ................................. Dated .................................................................. ( ) REASON FOR APPEAL .A Variance to Section 280A Subsection 3 A Vcdance to the Zoning Ordinance ~s requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE wou~d produce practicof difficulties or un.~eces- sary HARDSHIP because c~:~_~_,~,,~:_~.; ,....~.,.'.z~ -~ - -'- - d~ :' ' ' ~ - 2. The hardship created is UNIQUE and is not shared by all propeR[es alike in the immediate vicinity of this property and in this use distdct becous~e ---'~ ~- ~:~-~;~' ~.~-~..~ _~: .~ .~:~.:~ 3. The Vadance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because z?.. -: ~-;' '~"~-'-"~-~ "?: STATE OF NEW_YORK Sworn to this Signature day of ........ :-~" -~ ............... Notary Public No. 52-0344963 S~foik Coun~''-'~ Comr~i~s]on ~xpires Mdrc.~ 30,