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Home My WebLink About1855~? TO~N OF SOUTHOLD, NEW YOKK ACTION OF THE ZO~G BOARD OF APPEALS DATE D~C.....2~, 1973 Hearing: Nov. 29, 1973 Appeal No. 1855 DaSd November 7, 1973 ACTION OF THE ZONING BOARD OF APPEALSOFTHETOWNOFSOUTHOLD To Stanley Garren Nakomis Road Southold, New York Appellant at a meetin~ of the Zoning Board of Appeals on December 20, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ~ Request for a variance to the Zoning Ordinance ( ) 1973 the appeal 1. SPECIAL EXCEPTION. By resolution of the 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 8:45 P.M. (E.S:.T.), upon application of Stanley Garren, Nakomis Road, Southold, for a variance in accordance with the Zoning Ordinaneei 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 Association; south by E. M. Pearson; west by A. H. Van Denheugal. 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 hardship because practical 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 beeauze 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. FORM ZB4 ~~ /~,NG BOARD OF ~I~PEALS Marjoz'ie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide lot with less than required area on Nakomis Road, Southold. The findings of the Board are that that part of the lot on which the existing house is located consists of approximately 42,150 sq-.ft., according to the proposed division, and the lot to the west would be approximately 34,820 sq. ft., leaving a 15 foot side yard for the house on the 42,150 sq. ft. lot. The Board finds that the proposed lots will be larger and, in some cases, twice the size of adjoining lots in Laughing Waters. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship 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, Stanley Garren, Nakomis Road, Southold, be GRANTED permission to divide lot with less than required area on Nakomis Road, Southold, as has been described on the proposed division submitted by the applicant. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, Hulse, ~ , 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 with the Zoning Ordinance, Article III~ Section lO0-31 and Bulk Schedule for permission to divide property into two lots. Location of property: Lot # L, Shore Acres, North Driver Mattituck. 8:1% P.M. (E.S.T.).~ upon application of Laury Ford~ 253 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 bounded north by Mattituck CreekS 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 1OO-32 for permission to erect a bus shelter in front yard area. Location of property: north eastside 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 'Ordin~uce~ 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.).~ upon application of Thomas Euncy~ Nassau Point~ Cutchogue for a variance in accordance with the Zoning 0rdinance~ Article III, Section 100-~5 for permission to erect a fence which will exceed permitted height. Location of property: Lot part of ~ll9 and part of ~120~ Nassau Point Club Prop.~ Inc.~ Re-Subdivided "B"~ Bayberry Road~ Nassau Point~ Cutchogue. 9:15 P.M. (.E.S.T.).~ upon application of S~muel & Kathryn Yasso~ 91 Sheridan Avenue~ Williston Park, New York for a variance in accordance with the Zoning Ordinance~ Article VII~ Section lO0-?l and Bulk Schedule for permission to erect an addition 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 application of Charles & Margaret Christensen~ Pine Neck Road~ Southold for a variance in accordance with the Zoning Ordinance~ Article III~ Section lO0-31 and Bulk Schedule for permission to divide property. Location of property south side of Pine Neck Road~ Southold bounded north by Pine Neck RoadS east by W. Cain & others~ south by Custer Avenue & Acker; west by E. Mailler & W. Deroski. NOTICE OF HEARINGS Pur~ua~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, )ublic hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the To,va 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 or permission to divide property Jhto two lots. Location of proP- 'erty: Lo~ No. L, Shore Acres, North Drive, Mattituck. 3:15 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 area. Location of property: Pri- vate Road off east side of West- )halia Road, Mattituck bounded north by Mattituck Creek; east by J. Rakowski; s~uth by Private Road; west by Robert J. Munch. 8:30 P. M. (EST), upon appli- cation of Louis Getoff, Water- ~iew Drive, Southold for a var- lance in accordance with the Zoning Ordinance, Article III, ection 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 Harron- tine & others; south by Cedar Avenue & others; west by Water- view Drive, Wilkinson & others. 8:45 P. M. (EST), upon appli--J cation of Stanley Garren, Na- komis Ro~d, Southold for a var- iance in accordance with the Zoning Ordinance, Article 1II, Section 100-31 and Bulk and Parking Schedule for permiss!on to divide lot with less than re- quired area. Location of property: Nakomi~ Road, South61d, bound- ed north by N~komis Road; east by L. ~r. O. Property AsSn.; routh by E. M. Pearson; west by A. H. Van Denheugal. ~ 9:C0 P. M. (EST). upon a~pli- cation of Thomas Muncy, N~s~au Point, Cutchogue for a varinnce fence which, will exceed permit- ted hcieht. Location of property: Lot part of No. 119 and pa,'t~of Inc., Re-Subdivided 'B, B~y- berry Road, Nassau Point, Cut- cation of Samuel ~ Katl{~yn liston Park, New York for a vari- 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 - MA'VrlTUCK 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 ........................................ weeks successively, commencing on the ........................................ day of .............................. ...~..., 1~...~... ~ Sworn to before me this ........................ day of Not~ry Public for pe{mission to erect an addi- tion 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. ~ST), upon appl~- cation of Charles & Margaret Christensen, Pine Neck Road; Southold for a variance in ac- cordance with the Zoning Ordi- nance. Article 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; cast 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 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: S:00 p.m. (E.S.T.)., upon ap plication of William Bourguignon, 500 North Drive, Mattituck, for a variance in accordance with the Zoning )rdinance, Article III, Section ~0-31 and Bulk Schedule for ~rmission to divide property to two lots. Location of erty: Lot No. L, Shore Acres, th Drive, Mattituck. 15 p.m. (E.S.T.), upon ap- ation of Laury Ford, 243 West Avenue, New York, for a ance 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.i., upon ap- plication of--Louis Getoff, Watecview Drive, Sauthold 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, Wilkinson & others. ~ 8:45 p.m. (E.S.T.)., upon plication of Stanley Garren, Nakomis Road, Sauthold for a i 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 )roparty: 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 Dceheug~l. , ! I 9:00 p.m. (E.S.T.)., upon ap- plication of Thomas Muncy, Nassau Point, Cutchogue 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-sabdivided "B", Bayberry Road, Nassau Point, Cutchoguc. 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 Read (Rt. 25), Mattituck bounded north by H. Kandec; east by L. Lindsay & L. Alger; south by L. Lindsay; west by Main Read. 9:30 p.m. (E.S.T.)., upon ap- plication of Charles & Margaret Christenson, Pine Neck Read, Scuthold for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 31 and Bulk Schedule for per- mission to divide property. Location of property; south side of Pine Neck Read, Southold beanded north by Pine Neck Road; east by W. Cain & others; south by Custer Avenue & Acker; west by E. Mailler & W. Dereski. Any person desiring to be heard on the a~ove appeals should appear at the time and place above specified. Dated: November 16, 1973 BY ORDER OF THE BOARD OF APPEALS (;OUN'rY OF SUFFOLK, STATE OF I~EW YORK, ~ ss: ...................................... being duly Swogn, s~s th~ ...i}~.. is Printer and Publish~ ~KLY TIMES. a newsier pub~s~ ~ G~n~r~ ~ ~d county; and ~at the noti~, of whi~ ~e anne~ ~ a ~t~ ~py. ~s ~en published in the ~d Suf~lk W~ T~es once in each w~k, ~ o~l~ suc~ssiv~ly ~mmencing on ~e d~ of .... ~I~. ~.~?._ .............. day of ..... .'~ .... :../~ ...': j FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAl. ~,~a he.?,.',!,h er~d disapproved on the following grounds ..... ~...~......~... ....... ~.~...~.. ........ ..~~ ..... ~~....~~ ...... ~...<.......~.~ .................................. ................... ~..~.(~..,...o.~...~i~.~.~~).. ................................................ ......................... ~..~....~..../...0...o. ...... ..~.../ ...... ¢...~.~.~ ............. Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING )NSPECTOR APPEAL NO. /'c~--s~-d<~'-''- DATE ....~.. ~.¢!....~.~,.~.~.~. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~c¢~'°~*<~ ~ ¢~-~ of ..... ~'.~.c~'~...,.~....( ................................. I, (We) ......... /"~;Z~;~;";i"Xp~;;iigfi ...................... S~eet a~d N~ber ...... ............................................................ .......... ,EREBY APP.,, TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BU!LDING INSPECTOR ON A. PPLICATION FOR PERMIT NO. i ........................... : ....... DATED ..........//, ~. / ..~. 'WHEREBY THE BUILDING INSPECTOR DENIED TO ....~/~~......~ ...... :...;. .... .~i~;%~ntL,..:~..! .: ....................... ~?u. ............... Street and Number ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY ............. J~. .................... f....~..; .............. ~ ......... : ............... Street Use District on Zoning Mop Map No.~ Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- se.ctio9 and Paragraph of the Zoning Ordinance by. number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for ~l~'~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 ~ (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 A Variance to the Zoning Ordinance is requested for the reason that Form (Continue on other side) REASON FOR APPEAL Continu~ 1. STRICT APPLICATION OF THE ORDINANCE wou~d produce practical difficu~ti~s o~ unneces~ sary HARDSHIP because 2. The hardshi,~ created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER oF THE DISTRICT because~/~ (! (~ '-c~----~-,~.~G *' iLxD~_ ~ ~ ~ ~: ~' ; [' STATE OF NEW YORK ) COUNTY ) Sworn to this ............ -~..~ ...................... day Notary Public 77'~