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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF APPEALg
Appeal No. 180~ Dated June 15, 1973
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To ~ Naria Pfutzner
Pine T~ee Road
CutchoKuo, Now York
DATE .~._..~.8.! 1973
AppeHant
at a meetir~ of the Zoning Board of Appeals on Juno' 28
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
0[ ) Request fora variance 'to the Zoning Ordinance,
( )
19.73
the appeal
1. SPECIAL EXCEPTION. By resolution of ~he 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 beeaus~ 9~0 P®~e (~j®SbTe) , ~l~on
application of: An~a~ Naria
Pfu~zner~ Pine. Tree Road, Cutche~ue~ New'York, for a variance
in accordance vith the Zonin~ Ordinance, A~tic~e ~'lI, Section
301 and the Bu~k Schedule, for per. solon to divide property ~rl~h
less than required area and frontage. Location of propertyI
P~rt Plot ~12b, 14ap of Nassau Farms, Cutche~ue, New York.
Fee paid $15.00.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application o'f the Ordinance (would) (would not) produce
hardship because -.
SEE REVERSE
practical difficulties or unnecessary
(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.
szz REv $ ROVED
~ ~/, , ~- I £}/)~ ZONING BOARD OF ~ ~
_~~_ ~.~jorfe ~cDer~tt, Secret~
After investiEation and inspection the Bo~rd finds that
applicant requests per-4ssion to divide property wit~ less t~on
requ/red area and frontagej Part PXot ~12~, hp of Nassau F~ms,
Cutcho~e, New York. ~e' ~ f~nd8 t~t applic~t wishes to
sep~ate lots in single o~ers~p. ~e Herren ~ad dwelli~
~s bought ~n 1~7 ~d the P~ne ~ee Road dwelli~ ~s bo~t
in 1~62. Applic~tJs property ~8 ~ys been in tw sepmte
lots. ~e Bo~d f~nds tht ~ding the property ~11 ~t
· ncrease the density of the ~ei. ~e Board a~ees ~th the
reaso~ of the applic~t.
The Beard finds that strict application of the Ordinance
w~uld produce practical difficulties er ,m~ecesearyhardsb/p;
the h~rdship created ~s ~que ~d ~d not be s~ed by all
properties ~Eke in the i~ediate ~cinity o~ t~s property~d
in~the;sa~eu~e dis~ct~ and.t~h~e ~.a~2.an~e w~.~l~n~ change
the c~ac~e~ O~ ~h~ ne~h~0~h~0d ~d ~ o~se~ th~ ~p~t
eft the Ord~mce. : ~ ~ ,~
Ro~d, Cutcho~e~ New Yerk~ be G~D pe~ssio~o di~de
~perty ~th less th~ req~red ~ea ~d frontage, Part Plot
12~, ~p of Nassau F~s~ Cutcho~e~ New Y~rk, as applied for,
subject te the following conditions$
That any request for enlargement ef the smaller house
sh~11 come before the Beard ~f Appeals so that the Board
m~y censider how such an additien can be
Vote of the Board~ Ayes~- Messrs~ Gillispie, Bergen, Hulse,
Grigenis,
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 Southoid,
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 June 28, 1973, on the
following appeals:
7:30 P.M. (E.D.S.T.), upon application of John Charnews, Main
Road, Southold, for a variance in accordance with the Zoning
Ordinance, Article III, Section 301 and the Bulk Schedule, for
permission to divide lots with less than required area and frontage~
Location of property: west side Oaklawn Avenue, Southold, bounded
north by School District 95; east by Oak!awn Avenue; south by
L. Boken and others; and west by L. Boken and others.
7:40~P.M. (E.D.S.T.), upon application of Philippe Maitrejean, i
Box 888, Sound Avenue, Mattituck, for a variance in accordance
with the Zoning Ordinance, Article III, Section 301 and the Bulk
Schedule, for permission to divide lots with less than required
area. Location of property: north side Ruth Road, Mattituck,
Sounded north by Long Island Sound; east by B. Vreeland; south
~y Ruth Road (Private Road); and west by A. Joos and ano.
7:50 P.M. (E.D.S.T.), upon application of James and Margaret
Boylan, 11 Gedney Avenue, Smithtown, New York, for a variance in
accordance with the Zoning Ordinance, Article III, Section 301,
the Bulk Schedule and Article XVII, Section 1702, for permission to
construct dwelling in subdivision Cleaves Point, Section III, which
is not on approved list and lot does not have sufficient width or
area. Location of property: Lot 973, Map of Cleaves Point,
Section III.
Legal Notice
Page 2
8:00 P.M.(E.D.S.T.), upon application of Joy Finkie and
Millie Messeri, Main Road, Orient, New York, for a variance in
accordance with the Zoning Ordinance, Article VII, Section 701
and the Bulk Schedule, for permission to operate a second
business (Take-out Deli) on same premises with a public garage.
Location of property: nortk side Main Road, Orient, bounded
north by H. Schmidt; east by H. Sc~idt; south by Main Road;
west by H. Terry Estate.
8:30 P.M.~ (E.D.S.T.), upon application of George Ahlers and
Barry Hellman, Cutchogue and Southold, New York, respectively,
for a special exception in accordance with the ~oning Ordinance,
Article V, Section 500, Subsection B-l, for permission to erect
multiple dwellings. Location of property: west side Youngs
Avenue, Southold, bounded north by D~ Charnews; east by Youngs
Avenue; south by Long Island Rail Road, Maier, Averett, Kaeiin and
others; and west by R. B. Grattan, Wetkowski and others.
8:45 P.M. (E.D.S.T.), upon application of George Ahlers and
Barry Hellman, Cutchouge and Southold, New York, respectively,
for a variance in accordance with the Zoning Ordinance, Article V,
Section 502, for permission to construct multiple dwellings with
some buildings over 125 feet in length. Location of property:
west side Youngs Avenue, Southold, bounded north by D. Charnews;
east by Youngs Avenue; south by Long Island Rail Road, Maier,
Averett, Kaelin and others; and west by R. B. Grattan, Wetkowski a~d
others.
9:00 P.M. (E.D.S.T.), upon application of Carl H. Schooff~
Hobart Road, Southold, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 301 and the Bulk
Schedule, for permission to divide lots with dwellings which
Legal Notice
Page 3
do not have sufficient area or frontage. Location of property:
Hobart and Old Shipyard Lane, Southold, Lot ~41, Map of Founders
Estates.
9:10 P.M. (E.D.S.T.), upon application of Wilbur Kaiser,
Horton Lane, Mattituck, New York, for'a variance in accordance
with the Zoning Ordinance, Article III, Section 301 and the Bulk
Schedule, for permission to divide lots with less than required
area and frontage. Location of property: south side of Horton
Lane, Mattituck, bounded north by Horton Lane; east by C. Sanders;
south by North Fork Baptist Church; west by North Fork Baptist
Church.
9:20 P.M. (E.D.S.T.), upon application of Anna Maria Pfutzner
Pine Tree Road, Cutchogue, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 301 and the Bulk
Schedule, for permission to divide property with less than
required area and frontage. Location of property: Part Plot $124,
Map of Nassau Farms, Cutchogue, New York.
Any person desiring to be heard on the above appeals should
appear at the time ~nd place above specified.
Dated: June 15, 1973
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
PLEASE PUBLISH ONCE, JUNE 21, 1973, AND FORWARD NINE (9)AFFIDAVITS
OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD,
SOUTHOLD, NEW YORK.
Legal Notice
Page 4
Copies mailed to the following on June 15, 1973:
The Long Island Traveler-Mattituck Watchman
The Suffolk Weekly Times
Mr. John Charnews
Mr. Philippe Maitrejean
Mr. James Boylan
Miss Joy Finkle and Miss Millie Messer~
Mr. George Ahlers and Mr. Barry Hellman
Mr. Carl H. Schooff
Mr. Wilbur Kaiser
Mrs. Anna Maria Pfutzner
NOTICE OF HEARING~
Pursuant to Section 26'/ (
Town Law and the pr0vision~
the Amended Building Zone Or-
dinance of the Town of ~outh-
old, Suffolk County, New York,
public hearing, s will be held by
the Zoning Board of Appeals of
the Town of Southold, at the
Town Office, Main Road. South-
old, New York, on June 28, 1973,
on the following appeals:
'/:30 P. M. (EDSTi, upon ap-
plication of John Charnews, M~ln
Road, Southold, for a variance
InI accordance with the Zoning
Ordinance, Article III- Section
301 and the Bulk Schedule. for
permission to divide lots with
lessthan required area and front-
age. Location of property: west
side of Oaklawn Avenoe, South-
old, bounded north by School
District NO. 5; east by Oaklawn
Avenue: south by L. Boken and
others; and west by L. Boken
and others.
7:40 P. M. (EDST), upon ap-
placation of Phitippie Maitre-
jean, Box 888, Sound Avenue~
Mattituck. for a variance in ac-
cordance with the Zoning Ordi-
nance, Article III, Scctiou 301
and Bulk Schedule, for permis-,
sion to divide lots with less than
required area. Location of prop-
erty: north side Ruth Road, Mat-
tituck, bounded north by Long
Island Sound; east by B. Vree-
land; south by Ruth Road (Pri-
vate Road~; and west by A. Joos
for a variance in accordance with
the Zoning Ordinance, Article
III, Section 301 and the Bulk
Schedule, for permiSsion to di-
vide lots with less than required
area and frontage. Locaticn of
property: south side of Horton
Lane, Mattituck, bounded north
by Horton Lane; east by C.
Sanders; south by North l~ork
Baptist Church; west by North
l~ork Baptist Church.
9:20 P. M. (EDST), upon ap-
plisat~n of Anna Maria Pfutz-
ner, Pine Tree Road, Cutchogue,
New York, for a variance in
~ordance ,with the Zoning Ordi-
nance, Article III, Section 301
and the Bulk Schedule, tur per-
mission to divide property with
less than required area and
frontage. Location of property:
Part Plot No. 124, Map of Nassau
Farms, Cutchogue, New York.
Any person desiring to be
heard on the above appeals
should appear at the time and
place above specified.
Dated: June 15, 19~3 ~
BY ORDEP~ 01~
SOu'z'~tOLD TOWN
BOAI~D OP ,a~PPEA~,S
1T--6-21
COUNTY OF SUFFOLK '1
STATE OF NEW YORKI 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 Sauthold, in Suffolk County; and that
the notice of which the annexed is a printed copy, has been
published in said Long Island Traveler-Matt/tuck Watch-
man once each week for ....~...~../~..... weel~
successively, commencing on the ........... ~;~../.~ ........
day ........ ..,
........................ ~..~.~.~ ....... ./.~/.~ ............. ~ ...............
/
Sworn to be{or~ me this ....~.~ .......... doy of
......
ADEL£ PAYNE
Notary Public. State e[ New Yorl~
for permission to construct
multiple dwe~in~ with some
buildings over 125 feet in length.
Locatian of property: west side
Youngs Avenue, Southold,
boanded north by D. (~mrnews;
east by Yoangs Avenue; south by
Long Island Rail Road, Maier,
Avewett, I~ulin and others; an~
west by E.B. Grattan, Wetlmwski
and others.
9:00 P.M. (W..D.S.T.), up(m
application of Carl H. Scheoff,
Hobar~ Road, Southuld, New
York, for a variance in ac-
cordance with the Zoning Or-
dinance, Article IH, Section 301
and the Bulk Schedule, for per-
mission to divide lots with
dwellings which do not have
sufficient area or frontage.
Loeatiea of property: Hobart and.
Old Shipyard Lane, Southold, Lot
No. 41, Map of Founders Estates.
9:10 P.M. (E.D.S.T.), upon
application of Wilbur Kaiser,
Horton Lane, Mattituck, New
York, for a variance in ac-
cordence with the Zoning Or-
dinance, Article HI, Section 301
and the Bulk Schedule, for per-
mission to divide lots with less
than required area and frontage.
Location of property._' south side
of Horton Lane, Mattituck,
bounded north by Hm'ton Lane;
cast by C. Sanders; south by
North Fork Baptist Church; west
by North Pork Baptist Church.
9:20 P.M. (E.D.S.T.), upon
application of Anna Maria
Pfulzner Pine '0'ee Road, Cut-
cheque, New York, for a variance
Ordinance, Article IH, Section
301 and the Bulk Schedule, for
frontage. Location of property:
Part Plot No. 124, Map of Nassau
Farms, Cutchegue, New York.
Any person desiring to he heard
on the above appeals should
appear at the time and place
above specified.
Dated: June i5, 1973
BY ORDER OF THE
BOARD OF APPEALS
1T J21
tie
le
~w
:~d
COUNTY OF SUFFOLK,
STA'r~- OF NEW YORK, ~ ss:
........ ~.t.u?.r..~..C....D.o..~,a.n .............. being duly Sworn,
says that . .h.e .... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county: and that the notice, of which the annexed is a printed
copy, has been published in the said Suffolk Weekly Times
once in each week, tot ......... o.n.e. ............... weeks
successively commencing on the .... .~:~.e.n.t~-.f.i.r.s.t. .........
day of .....
Sworn to befo~.~,me this . .***~./. .....
oyot
/ ........................................
/ ~ IO,EPH LAWRENCE IOWN3£ND
~/ NOIARY PUBLIC OF NEW YORK
CIAs. No. 52-931~§350
~¥ Commission [xpffe~ Match 30,
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOL~ N, Y.
NOTICE OF DISAPPROVAL /,~
~ ~ l ~ ,~....~..?
File No ................................................................... uate ...............~ ....................... ,
~'?' .... ~... i;~...~.~
............ ~.~....:.;~ .........................
..... I~--
PLEASE TAKE NOTICE that your apphcat~op dated .......... ~ ........... , 19 ........
.c~. ~-f_~ ~.~t~. ~ .~
for permit to c6n~r~c~ .'~..?~'.~':.~.,f .... T__:...~.,.~..._at the premises~locdted at ..........................................
....................................... ~***../,/. .................... ree ~ -
Mop ..W....~:~:~.....F.::.~r~z.....~,z..../..~.~ ..... Lot .~.~;'.r..~.~.~.'.'.? ............................
i'eturned herew~th/~,Jd disapproved on the following grounds ............................. .T ........ ~.~ .................
...... ..... ......
Building Inspector (
TOWN OF SOUTHOLD, NEW-YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEALI~. l
..... To THE ZO JNG BOARD Or A, PEALS, TOWN OF SOUT O , ·
1, (We).../~..~.../. ~, ..Z'..."~..~,../. ?.~ M~...~..~of ... ~.../~..., ~....~..~...~......
THE ZONING BOARD O'F APPEALS FROM THE DECISION OF THE BUILDING II~:~PE R ON
WHEREBY THE BUILDING INSPECTOR DENIED TO
..................... .........................
Nome of Agplicont for ~ermit
Street and Number Municipality State
f ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(~) -~ To ~P~-/~fcTf~ 4~2kJ~-~br/d~
1', LOCATION OF THE PROPERTY
Street Use District on Zoning Mop
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section.and P rg.~g.raph~of the Zoning Ordinance by number. Do not quote the Ordi,nance.)
3. TYPE OF APPEAL Appeal is mode herewith for
(~ A VARIANCE to the Zoning Ordin,ance or Zoning Map
( ) A VARIANCE due to lock 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 tl~is'/' 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
l~orm
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
vicinity of this property and in this use district bec,ause
The hardship created is UNIQUE and is not shared by all properties alike in the immediate
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK. )
V, ) ss
couNTy OF )
Sworn to this .................................. (Z. ....day
Signature //7
of ............ ~ ......................... ~9 ?.k
Notary Public
~o. 52-0344963 5u~fo:k
Commiss]en Ex?res March 30,