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Home My WebLink About1852 TOWN OF SOUTHOLD, NEW YOKK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1852 Dated October 18, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To William Bourguignon 500 North Drive Mattituck, New York 1973 Appellant at a meetin~ of the Zoning Board of Appeals on November was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 29, 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 b~ause 8:00 P.M. (E.S.T.), upon application of William Bourguignon, 500 North Drive, Mattituck, New York, 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 #L, Shore Acres, North Drive, Mattituck. 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 difficulties hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use distric~ because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (wo~d n~) 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 SEE REVERSE FORM ZB4 After investigation and inspection the Board finds that applicant requests permission to divide property into two lots, Lot #L, Shore Acres, Mattituck. The findings of the Board are that the surrounding area consists of plots of similar or lesser size than the proposed division of property of applicant. 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, William Bourguignon, 500 North Drive, Mattituck, be GRANTED permission to divide property into two lots, Lot # L, Shore Acres, North Drive, Mattituck, as applied for, subject to the following condition: That access be provided to Plot # L-2 consisting of 15 feet in width adjacent to the northerly border of Plot #L-l; and that the property shall be divided as requested by the applicant. Vote of the Board: Hulse, Grigonis. Ayes:- Messrs: Gillispie, Bergen, LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the AmendedBuilding Zone Ordinance of the Town of Southold~ Suffolk County~ New York~ public hearings will be held by the Zoning Beard of Appeals of the Town of Southold~ at the Town 0ffiee~ Main Road~ Southold, New York, on November 29~ 1973~ on thefollowing 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 lOO-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 0rdinance~ 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 Mattituek CreekS east by J. Rakowski; south by Private Road; west by Robert J. Munch. 8:30 P.M. (E.S.T.)., upon application of Lo~is 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~ Wilkinso~ & 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 requiredarea. 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 DezLheugal. 9:00 P.M. (E.S.T.)., upon application of Thomas ~uncy~ 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 #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 Samuel & Kathry~ Yasso~ 91 Sheridan Avenue~ Williston Park~ New York for a variance in accordance with the Zoning 0rdinance~ Article VII~ Section 100-71 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 Road; east by W. Cain & others; south by Custer Avenue & Acker; west by~E. Mailler & W. Deroski. 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 Southuld, 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, Seuthold, 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, Mattituck. ~ 9:15 p.m. (E.S.T.)., upon ap- plication 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 6f Louis Getoff, Waterview Drive, Suuthold 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. 9:45 p.m. (E.S.T.).,' upon ap- plication of Stanley Garren, Nakomis Road, Soutbeld for a variance in accordance with the Zoning Ordinance, Article III, Section 10031 and Bulk and Parkin~ Schedule for permission to divide lot with less than required area. Location of property: Nakomis Road, Southold, hounded north by Nakomis Road; east by L.W.O. Property Assn.; south by E. M. Pearson; west by A. H. Van Denhengal. 9:00 p.m. (E.S.T.)., upon ap- plication of Thomas Muncy, Nassau Point, Cutchogu~e 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 Read, Nassau Point, Cutcbogue. 9:15 p.m. (E.S.T.)., upon ap- plieation 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 byR. 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 & Mar~arot Christensen, Pine Neck Road, Southold for a variance in ac- cordanee 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 beanded north by Pine Neck Road; east by W. Cain & others; south by Custer Avenue & Acker; west by E. Mailler & W. Deroski. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: Noventber 16, 1973 BY ORDER OF THE BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF I~EW YORK, } ss: .................... ~ ................. being duly Sworn, s~s that . i'~a is Printer ~d Publishex of ~e SUFFOL~ W~KLY TIMES, a newsier pub~sh~ ~ G~n~rt, ~ ~d county; and ~at ~ noti~, of which ~e anne~ is u ~t~ ~py, ~s ~n published ~ ~e ~d Suf~ik W~ T~es once in e~ch w~k, ~ on~ (L) w~ suc~ssiv~ly ~mmencing on ~e ........... ~'. '. ............ d~ of To~z~ '- 19 72 Sw~ to ~t~ me this ........... NOiARY PUBliC OF ~,IEW YORA NOTICE OF :HEARINGS Pursua_nt to Section 257 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 he!d by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, South- old, New York, on November 1973, on the following appeals: · 8:00 P. M. (EST), upon appli- cation of Wi!liam Bourguignon, 5~0 North Drive, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Sohedule for permis~on to divide properfy 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'zlde of West- phalia Road, Mattituck bounded north by Mattituck Creek; east by J. Rakowski; south by Private Road; west by Robert J. Munch. 8:30 P. M. (EST). upon appli- cation of Louis Getoff, Water- yiew Drive, Southol~d .fo_r__a v_ar ~nce in accordance with the ~oning Ordinance, Article III, Section 100-32 for permkssion 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 Rarron- tine ~ others; south by Cedar Avenue & others; west by Water- view Drive, Wilkinson & o~hers. 8:45 P. M. tEST), upon appli- cation of Stanley Garren. Na- komis Road, Southold for a var- lance in accordal~ce with the Zoning Ordinance, Article III, Section 100-31 and Bu~k 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 N~komis Road: east by L. W. O. Property Assn.; routh by E. M. Pearson; west by A. It. Van Denheugal. 9:C0 P. M. (EST), upon a~pli- caUon of Thomas~Muncy, Nassau Point, Cutchogue for a variance in accordance with the Zorqng Oral!hartco, Article III, Section 100-35 for permissicn to erect. fence which will exceed permit- ted height. Location of properiy: Lot part of No. 119 add pa~'t of Inc., Re-Subdivided "B" B~qy- berry Road, Nassau Point. Cut- chogue. cation of Samuel & Katbtyn Yasse, 91 Sher!dan Avenue, Wil- listoq Park, New York for a vari- Zoning Ordinance. Article VII. 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 - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; ond that the notice of which the annexed is a printed copy, has been published in said Long Island mraveler-Mattituck Watch- man once each week for ...~]'~..d,/:~_.,...~./.../. ...... .weeky successively, commencing on the ........... ~.~..~Z:4.: .......... A.., Sworn to before me this ._..~.5:~..~.. ......... doy o{ ....... ....... , ADEIE PAYNE for permmsion to erect an addi- tion with reduced side yard. Location of property: Main Road (Rt. 25), Mettituck bounded north by Il. Kander; east by~L. Lindsay & L. Alger; soutI~by L. Lindsay; west by Main Ro~d. cation of Charles & Margaret Christensen, Pine Neck .Road, Southold for a variance in ac- cordance with the Zoning Ordi- nance, Article III, Section 1O0-~l and Bulk Schedule for ~e{'mis- sion to divide property. Locatibn of property; south side of Pine Neck Road, Southold bounded north by Pine Neck Road; el~st by W. Cain & others; south by' Custer Avenue & Acker; we~t by Any person desiring ~o be heard on the above appeals should ap- pear at the time and place above specified. Dated: November 16, 19~3 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ~TO~i OF ~"~?~HOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~,,e ~o .......... ./..:~~ ............................. Dote ............ ~..../.. :<.: .................... , ,9.:.~ ....... ~:~.~.~.:~ ........... ~.,~...~...~.~ ...... ........ :?..:~z.~./.~.~....:.~... .......... ..,.::..::..: ..... ............. ~,7. ................................. , ? ..;,: .... for permit to c.~::~,t ~.:.!;.'.~..~....~. .................. at the premises located at ....~..~.~,.~ .::. ~.~.~,./?~'Z~.....~m~ ~ :..,~...,G.~...,:...,._,....:-,~..~ .................... S~ree~ -->~ . :~:,~ ,op ....~.,...~..,_~,oc, ............................................ Lo~ ..~..'. ....................................... re(~ur.~e_d~h, ere~£th..t~d disapproved on the following grounds ....... ?.".~...,:4..~.~:,~...~'.~.....~.~..~:..::.~.~-- TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /-~ DATE ./.~.//.~./.Z.~.. ....... tO THE ZONING BOARD OF APPEALS, TOWN Of SOUTHOLD, N. Y. Name of Appellont Street and Number ....... ~.~.Z'.~J.Z~:~-~. ................................................................ ~.~5~..~.~'~/K...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIN~ INCECTOR ON APPLICATION FOR PERMIT NO ............................. L ....... DATED ............. I...~./I.~.,~../Z..?.. .............. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY · "-'-- 1. LOCATION OF THE PROPERTY ...~.~'/~.Z-~.../~.,~Z.~/~. ............................ :.~.../~./..~..~..!5.~T... Street Use District on Zoning Mop ............. ',L. ... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- se, c~ion ancLP_aragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (X) 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~l'~C,.,(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 ~o~ z~z (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- / / 2. The hardshia created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this praperty and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE T~.E CHARACTER OF THE DISTRICT because 7-~- ,~47~.~ ~.~.~_z~.~-x>/4/~ /-~Z~.~ ~ ~ STATE OF NLR¥ ygJ~K// ) Sworn to this Notary Public ·