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HomeMy WebLinkAbout1858 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF APPEALg Appeal No. 1858 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Charles & Margaret Christensen Pine Neck Road Southold: New York at a meeting of the Zoning Board of Appeals on December 20, 1973 was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) DATE*Dee*~'*.*20, 1973 Hearing: Nov. 29, 1973 D~ed November 13, 1973 Appellant 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 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 100-31 and Bulk 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 by E. Mailler & W. Deroski. 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 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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and ZONING BOARD OF APPEALS arjo~ie McDermott, Secretary After investigation and inspection the Board finds that applicant owns Lots Nos. 1 and 2, and has sold Lot No. 3 to Gagen. The suggested division would provide a lot of 100' by 200' on Pine Neck Road; and a lot of approximately 198' on the west and 176' on the east, and 102' on Custer Avenue. The lots in the surrounding area are of the same or smaller dimensions. 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, Charles and Margaret Christiansen, Pine Neck Road, Southold, be GRANTED permission to divide prop- erty as indicated on survey of Van Tuyl dated September 18, 1970 for property located on the south side of Pine Neck Road, Southold, as applied for. Applicant is granted permission to use Lots Nos. 1 and 2 separately. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, Hulse, ~ i 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 Connty~ New York, public hearings will be held by the Zoning Board of Appeals of theTown of Southold, at the Town 0ffice~ Main Road~ So~thold~ New York, on November 29, 1973, on the. followingappeals: 8:00 P.M. IE.S.T.).~ upon application of William Bourguignon ~00 North Drive~ Mattituck~ for a variance in accordance with the Zoning 0rdinance~ Article III, .Section lO0-31 and Bulk Schedule for permission to divide property into two lots. Location of propertY: Lot'# .L, Shore Acres, North Drive, Mattituck. 8:1% 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 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 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, WaterviewDrive~'Southold for a variance in accordance with the Zoning Ordinance~ Article III~ Section 1©0-32 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:~ 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 lO0-31 and Bulk and Parking Schedule for permission to divide lot with less than required- area. Location of property: Nakom~s- ROad~ Southold, bounded north by Nakomis Road; east by ~L.W.0o Property Assn.; south by E.M. Pearson; west by A.H. Van Denheugal. 9:00 P.M. (E.S.T.)., upon application of Thomas Nuncy~ Nassau Point~ Cutchogue for a variance in accordance with the Zoning Ordinance, Article III, Section 100-3~ 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. 9:1~ 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 Ordinance~ Article VII, Section lO0-T1 and Bulk Schedule for permission to erect an addition with reduced side yard. Location of property: Main Road (Rt~ 2~), 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 acc( 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 Road; east by W. Cain & others~ south by Custer Avenue & Acker; west by E. Mailler & W. Deroski. z" NOTICE OF HEARINGS !~rown Law and the provisions of Ordinance bf the Town of South- old, Suffolk County, New York, ~ublic hearings will be held hy the Town of Southald, 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 Wi!liam Bourguignon, 500 North Drive, Mattituck, for a variance in accordance wtth the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permis~on 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, fol' a variance in accordance with the Zoning Ordinance, Article III, Section 1~0-31 and Bulk Schedule for permission to divide lot with leas than required width and are~. Location of property: Prio . rate Road off east side of West- phalia Road, Mattituck bounded north by Mattituck Creek; east by J. Rakowskt; south by Private Road; west by Robert J. Munch. 8:30 P. M. (EST), upon appli- cation of Louis Oetoff, Water- rtew Drive, Southold for a var- *~a. ace 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, Seuthold bounded north by Goose Creek; east by Harron- tine & others; south by Cedar Avenue & others; west by Water- view Drive, Wilkinson & o~hers. 8:45 P. M. (EST), upon appli- cation of Stanley Garren. Na- komis Road, Southold for a var- iance in accordance w~th the Zoning Ordinanoe, Article Section 100-31 and Bulk and Parking Schedule for permiss!on to divide lot with less than re- quired area. Location of property: Nakomis Road, Southold, bound- ed north by Nekomis Road; east by L. W. O. Property Assn.; routh by E. M. Pearson; WeSt by A. H. Van Denheugal. cation of Thomas Muncy, Nassau Point, Cutchogue for a variance in accordance w~th the Zm~ing Ord!nance. Article III, SecHon I00-35 for permissicn to erccg a fence which will exceed permit- ted height. Location of property: Lot part of No. 119 and pa~'t of NO. 120, Nassau' Point Club Prop. Inc., Re-Subdivided "B". Bay- be~ry Road, Nassau Point, Cut- chogue. ., 7 cation of Samuel & Kathryn Yesso, 91 Sher!dan Avenue, Wil- liston Park. New York fora ~ari- COUNTY OF SUFFOLK ) STATE OF NEW YORK~ ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I-FITUCK 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 Zrave]er-Mattituck Watch- man once each week for ..~(..~.~:~..,..(.../..../..... week~ successively, commencing on the ...............~..~)_...~z~. ..... of ...................... ............ Sworn to before me this ..... :. ..2~ ........ day of ...... ....... , Section 100-71 and Bulk Schedule for permission to erect an addi- tion with reduced side yard. Location of property: Main Road (Rt. 25), Msttituek bounded north by H. Kander; east by L. Lindsay & L. Alger; south by L. Lind~ay; west by Main Road· 9:30 P. M. (EST), upon ~ppl!- cation of Charles & Margaret Christensen, Pine. Neck Road, Southold for a v~riance 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 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, Southold, New York, on November 29, 1973, on the following appeals: 8:00 p.m. (E.S.T.)., upon ap- plication 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, Mattitunk. 8:15 p.m. IE.S.T.)., upon ap- plination.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. 9:30 I~.m. (E.~, upon plicatio~ ~of Lo~s -Getoff, iWatervinw 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 Harrentine & 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, Southold 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.)., upon ap- plication of Thomas Muncy, Nassau Point, Cutchogue 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 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- 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 byH. Kander; east by L. Lindsay & L. Alger; south by L. Lindsay; west by Main Road. 9:30 p.m. (E.S.T.)., upon ap- plication of Charles & Margaret Christensen, Pine Neck Road, Southold 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 Road, Southold bounded north by Pine Neck Road; east by W. Cain & others; south by Custer Avenue & Acker west by E. Mailler & W. De~ro~kl. 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 BOARD OF APPEALS COUNTY OF SUFFOLK. I ~ ss: STATE OF NEW YORK, j ~.?-~l: -' '~ .... ' being duly s~/s that ....... ¢-" is Printer and Publisher of tire SUFFOLK W'E£KLY TIMES, a news~o~ pub~sh~ ~ Gr~n~t, ~ ~d county: and ~at the noti~, of which ~e nnne~ ~ a ~t~ ~py. ~s ~en published in the ~d Suf~lk W~ T~es one (1) 8u~[~l~ o~mmo~[~ ~ ~o .......................... ;rov~ of . -... ..... / / ~)%PH LAWRENCE TO?~NSEND NOiARY PUo=,~ OF NEW YORK BUILDING D~PARTM ENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ........ ~_~......:....:.::~:...:.~ ................. ................ ~--~.~..~ ........ ..:...:./.:..: .......... .... Y..:.?::~....~6:.~.:..~: ........................ s~,~, ~,~,::>.~.'~ ~, ~" Mop ............ ..~.. ................... Block ........... .~, ........................... Lot ...... ~x~ ..................................... is r~+,??e~~disopproved on the follow:,ng grounds ....'..~..'~.,c~....~......(~.~.....T...~...r.....~-m~ ....... ~ .................... : ............... ~7 ............ :~ .................................................................. m'~" .............~: ~ ........................................... ~. : ....... .~:~ ....... ~.~...4~ ....... ~.~....'...~::.~...~...~.~.~..~..~...~..~ ........ ~....:..:L :..~.:....~..:..~:.~ .......... C::~c.~.....~.~...z.~.~..:...~.:....~ :~4~:~ ~ :< Building Insp~tor OF SOUTHOLD,~NEW YORK APPEAL FROM DECIS1ON OF BUILDING INSPECTOR APPEAL NO. //~'~' DATE ....~..~>..2.~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,,, ~We~ ~r2~.~.~~.~ ........ ~'~.....~..~...~, ............... Name of Appellan:i' .... , S,t,~'tet ~/d Number ................... ~~.~ .................................................. ~.:'..~....,...,E~EBY APPEAL TO Municipality Stale THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUI,LDIN~ IN.SPECTOR ON .o .................................... ....... .......................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Municipality State Street an~ It-Nkmber i b~ PERMIT TO USE ~-- -Jc~EqO(~` ( ) PERMIT FOR OCCUPANCY ( ) ,. LOCATION OF T,E PROPE,~ ...... .~;...~.£ ......... ~..Z.Z~..~.~.~ ............. ~ ............ Street ~._.¢h~Use/1District on Zoning Map ............... ~ ............................................ ~.. ........ Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section an~C~_, tl'~e.-7.~onin~Z~Drdinance~¢_~.l~~)(~) ~ ::~{bY num~er.(~ ~-~-D° not qJFote.~_~the Ordi.p, anc~.) 3. T.,Y, PE OF APPEAL Appeal is made herewith for ('~/ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (.Im~) (has not) been made with respect to this decision of the 3uilding Inspector or with respect to this property. Such ~ppeol 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 ([~"~ Variance to the Zoning Ordinance fo, (Continue on other side) REASON FOR APPEAL Continued h STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY / Sworn to this ............................. Signature / , ~/ Notary Public ~UD~R T. ~O~EN F~c~, ~ub][c, ~t~te of New York