HomeMy WebLinkAbout1227·OWN OF SOUTHOLD, ~ YOILK DATE ...J.~.ua~lr.. 2, 1969
ACTION OF 'rllK ZOl%~qG BO~,I~D OF AI~[~S
Dated December 17, 1968
Appeal NO. 12'27
ACTION. O~F -TH~_ ZONING~ BOARD OF APPEALS OF THE TOWN OF $OUTHOL~
To ~Anthony CarciCh · Appellant
Young~ s ,Avenue
SoUthotd, New York
at a meeting of the Zoning BOard ef Appeals hn JanUary 2~ 1969 ~e a~pe~
was considered and the action indicated I~elow was taken on' your
( ) Request for variance due to lack ef access to property
( ) Hequest lot -a Special exception tm~l~r tl~ Zoning Ordfl~nce
(X) Request for a variance to the Zoning Ordinafi~ .......
( )
1. SPECIAL EXCEPTION. By resolution- of the BOard it was determined that a ~ sl~'~cial exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
~f theCZonilag ~h'~nanre, and-the decision et the Building InspeCt°r ( O b~ reversed ( ) be
eon~mned%ecau~e ~i30 P.M. (E.S;?.); gP0n applica~!ion-~f ~th6ay ~arcich.
YoUng' S Av2~ South~lds NeW- yo~/-fo~ a Varlii~e ih .ac~0rdan~e With
the Zoning Ordinancee Article'IIi; S~ctl5~300~ SdbseCtion '7a fo~
l~ermission to use medical office for non-resident physicians. Location
of property: south side Main Stree. t, ..Southold, New York~ bounded
north by Main Street~ east by I.P. Terry~ south by School Property,
west by J. Charmews.
2. VARIANCE. By resolution of the BOard it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical
hardship because
SEE REVERSE
(b) The hardshi~ 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 Buildin~ Inspector ( ) be confirmed ( ) be reversed.
~et~t Nevillee Secret~ry
After inve,st!g~tion .and inspection the Board finds that the..
applicant requests permission to use medical office for non-resident
physicians in accordanceiwith' ~he Zoning Ordinance, Article 'III~
S:gction 300, Subsection 7. The Board finds that th~.~s property is in
a residential area. The dwelling is a two family house,, the upstairs
being occupied. This lot is undersized, and there is n, ot enough
parking area. Proposed use would be by 2 non-resident physicians
~.h!q~ .is not permitted in the Ordinance. :.The Board is in sympathy
with the need for more d0c%ors .in the Town.
The Board finds that strict application of the Ordinance will
not preduce practical difficulties or .unnecessary hardship; the
hardship created is not unique and would not be shared by all properties
in the immediate vicinity of this property and in the same use district;
and the variance does not observe the spirit of the Ordinance and
w.ill change the character .of the district.
Therefore, it was RESOLVED that Anthony Carcich, Young's Avenue,
Southold~ New Yor~, b$ DENIED ~ermi~sion t9 u~e med%qal office for
non-resi~ent physic~ans as applied for_on property located o~ seuth
Southol~,~New York. ~..:~ ,~ .~
sideMain~Stre~t,
Legal Noti
Page -2-~ ·
by land
8:00 PoM~
Builders Inc~
O~dinance~
and increase~
of Factory
by Bethan~
$ u f folk Nux:s ing Home
for 'a var~ce in
lnsuffic
bounde
south by
upon applm ation .of M~To Cassella
Road, Huntington Station
in accordance With the Zoning
to
~osed Mattituck
corneI;
,ad), Mattituck,
Cemetery'Assoc~, east
Main'Road, west by
of EaStern ~
O~een~ort, New Yo~k,
Zoning Ordinance,
B· SectiOn 441,
.~ Location..of
New'York~
Green~ort Assoc.,
iKing Greenport
Legal.
Page -34,
School Property,i~
.~et~ ~east. Terry, south by
in a
.on of.James Dean,
for a variance
Ordinance; Article III,
~ fOr`. permission
to
property: private
, Cutchogue, New' York
east by land of James
should
DATED:
SEVEN (7)
BOARD OF APPEALS
' ReeV~-Beachwood Subdivisiono
appl lcations
APPEALS
, ~.ND FORWARD
TO ~THE SOUTHOLD TOWN
COP/~S mailed to the~.;foltowing on t .December 23, 1968:
Watchman
The
NOTICE OF HEARINGS
Pursuant to Section 267 of the Town
Law and the provisions of the amend~
ed Building Zone Ordinance of the
Town of Southold, Suffolk County, New
York, public hearings will be held by
the Zoning Board of ApDea~s of the
Town of Southold, at the ToW~ Office,
Main Road, Southold, NeW York, on
January 2, 1969, on the following ap-
· 7:80 P. M. (EST), u~on application
of Giraud W. & Ocergette Campbell,
128 Hempstead Avenue, Lynbrook. New
York, for approval of access to private
road in aceordance with the State o~
New York Town Law, Section 280A~
Location of property: private road off
south side Bayview Road, Southold,
New York, bounded north by private
road, east by Airem Enterprises, south
by Peconic Bay, west by S. Immardlno.
· 'h45 P. M. (EST), u~on application
of M. T. Casse]ia Bnilders, Inc., 504
Walt Whitman Road, Huntington Sta-
tion, New York, for a s~acini exception
in accordance with the Zoning Ordi-
nance, Article IV, Section 420-2c as
it applies to Article IV. Section 400-I,
for gasoline ~orvice station permit for
Location of property: north east cor-
(Main Reed), Mattituek, New York,
laud of proposed Mattituck Shopping
Center, so,th by Main Road, west by
l~actory Avenue.
8'00 P IV[. (E~T), u~n application
Walt Whifmnn Road, Huntlneton Sta-
tion. New Yo~k, for a variance in ac-
cordance with ~he Zoning Ordinance,
Article IV. Sect{on 440-8 as it applies
to Article I'V, Section 400-I, for reduc-
parking area for proposed Mattituek
ShouDing Center. Location of property:
north east corner of Factory Avenue
and Route 25 (Main Road). Matt!tuck
New York, bounded north by Bethan]
Cemetery Assoc., e~st bv Bethan]
Cemeter~ Assoc., south by Main Roa~
west by Facterv Avenue.
North Road, OreenDert, New York· for
a variance in accordnnce with the Zen-
COUNTY OF SUFFOLK t
STATE OF NEW YORKI ss:
C. Whitney Booth, Jr., being duly sworn, soys
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 annexed is a printed copy, has been
published in said Long Island Zraveler-Mattituck Watch-
man once each week for ......... ~.~..~.~,~;....../'./..//week~/
successively, commencing on the ................~.~v. ...............
day of ........... ~._.C~,~....7~Z~,2 ...~.....~, ~...~....~.
Sworn to before me this ........ ~,~..~! ....... day of
......... ...... .
Notary Public f
Main Street, east by I. P. Terry, south
by School Property, west by J. Char-I
lng Ord~navce. AtCia~e IV, Section 40~a 8:45 P. M. (EST), upon application
and Article IV B, Section 441, for Der-['of James Dean, New Suffolk Avenue
~Jl~n;it~v~1~f~n h~o ~v~[in a~0rdance with the Zoning Oral/-
York, ~nnded north bv No~h ~ad, lsion to - ~ - '
'o of pro~y: private ~ad off
King Orcenport Assoc.
8:30 P. M. (EST), uDen application
of Anthony Carcich. Young's Avenue
S0uthold, New York, for a variance in
accordance with the Zonine Ordinance,
Article Ir[, Section 800, Sub~ection 7,
for permission to use medical office
for non resident physicians. Location
of property: south side Of Main Street,
Southold, New York, bounded north by
chogue, New York, bounded north by
land of James Dean, east by land of
James Dean, south by Peconic Bay,
west by Reeve-Beachwood Subdiv/sion.,
Any person desiring to be heard on ~
the above applications should appear[
at the time and place specified, j
DA'~'~sD: DECEMBER 5, 1968
BY ORDER OP THE SOu'rr/OLD}
[
LEGAL NOTICE
~qotice of Hearings ',
Pursuant to Section 267 of the!
Town Law and the l~rov/si~ns of the '
amended ~uilding Zone Ordinance
of the T. ewn 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, l~i~ l~ad; South~
old, New York, on January 2, 1969,
c~ the following ~ppeals:
7:30 P.M~ (E.S.T.), uptm applica-
tion of Giraud W. & Georgette
Campbell 158 Hempstead Avenue,
Lynhrook, New York, for appr/~,al
of access to p~ivate road in aceard-
a~nce with the~ State of ~'/ew York
Town Law, Section 280A. Location
of property: private .xqa~ d off south
Skte Bay~ew Read, Seutho~d, /qew
York, bounded north by private
road, east by Airem Enterprises,
south by Peconic Bay, west by S.
Immardino.
'/:46 P.M. (E.S.T.), upon applica-
tion of M. T. Cassella Builders, Inc.,
504 ~Aralt Whitman Road, Hunting-
ton Station, New York, for a ~'pe-
cial exceptiau in accordance with
the Zoning Ordinance, ,krticle IV,
Section 420~2c as it appli~ to Art-
icle IV, Section 400-1, for gasoline
service stetiau perra/t for proposed
Mattituck ;Shopping Centei:. Leaa-
,tten of property: north east corner
of FaCtory Avenue and Route 25
1(~I~ai~ Road), Mattituck, New YoLk,
b0dn/!e~ ni~rth by lml~ of proposed
Matfituck Shopping Cehter east by
land of proposed MattitUCk Shopping
enteL south b~v Main: Road, west
by Factory Avenue.
8:00 P.M. (E.S.T.), upon applica-
tion of M T. Cassella Builders, Inc.,
504 Walt Whitma~ Road, Huntingto~
Station, New York for a variance
in ,accordance with the Z~ning Ore
dina:ncc, Article IV, Section 440-6
as it applies te Article IV, Section
400-1, for reduction in landscape
' for propo~e~ Mattituck Shopping
i Center. Location of property: north
east corner of Factory Avenue, and
Route 25 (Main Road), Mattiuick,
New York, bounded north by Beth-
any Cemetery A~soc., east by Beth-
any Cemetery Assoc., south by Main
Road, west by Factor~ Avenue.
8;15 P.M. (~.S.T.), upon appliea-
ticm of Eastern :Suffolk Nursing
I~ome, N~rth Road, Greenport, New
York, for'a vari~ce in accordance
with ihe Zo~ Ordinance Article
IV, SectiOn 408a, ~nd Article IV B,
Section ~1, for ~ermission to erect
ground sign oa b~ck wall with in-
sufficient height ~bove ground level.
Location of property: ~outh side
i North Ro~ C~reenpot~t ~New York,
',~bounded north bY Main Road, east
[ by King Greenport Asoc., south by
i King Gree~port Assoc., west by
King G>r~,~enport .Assoc.
I 8:30 P.M. (E~S.T.), upon applic.a,.
i ltion of Anthony Carcteh Young s
Avenue, Southold, New York, for a
variance in accordance with the
Zoning Ordinance Article III, Sec-
tion 300, Subsection 7, for peu~mis-
fsi°n in use medical office for n~[
reaide~t physicians Location ~[f ]
property: south side Of Main StreW,1
Southold, New York, bounded no~
by Main ~treet, east;by L P. Te~
south by School Property; west by
J. Charn~vs.
8:45 P.M. (E.S.T), upon applica~
ti(~n of James Dean, New S~ffolk
i Aver~ue, Cutchogue, New York, for
Zoning Ordinance, Article III, Sec-
tio~ 303, and Article X, Section
1000A :[or permission to reduce
frc~ntage and area Location of ~prop- l
erty: private road off sou~h side~,
New ISuffolk ~venue, Cutchogue, I
New York, bounded north by land l
of James l)e~n, east by land ofI
James Dean, ~outh by Pec~nic Bay, I
~e~t by Reeve- [~eachwood Subdi-1
vl~n~ persor~ desiring in be heard [
on the ehove applications should
appear at the time and place above
~specified.
DATED: DECEMBBE~ 5, 1968, BY
ORDER OF THE SOUTHOLD
TOW~ BOARD OF APPEALS
ltD2?
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ? ss:
says that . ..~.~I/. ~/ is Printer and Publisher of lhe 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
~nce in each week, for ........ .~./,~.~. ............. week~
successively commenci.l, lg fa the .
of . :.:
Sworn to before me thJs~ .,~. ~[-.~ ....
..... ............
.... / / ;' ........
TOWH OF SOUTHOLD,
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL
DATE 8
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of' Appella,nt Street and Number
SOUTHOLD
Municipality
.... ..N.;;.¥.:. .............. HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ..... ..D..e..C..:...,~...~.~..~.8.. ...................
WHEREBY THE BUILD!NG INSPECTOR DENIED TO
(x)
( )
( )
Name of Applicant for permit
of ....................... ................... ............
Street and Number Municipality State
PERMIT TO USE as office of MoD. - Obstetrics & Gynecology
PERMIT FOR OCCUPANCY
Street Use District on Zoning Map
Map No. Lot No.
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.)
Article III, Sec. 300, Subdo 7
(x)
)
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. 6.2 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 ......................................................................
( )
(x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that Subdivo 7 of Article III of the Zoning Ordinance
requires that the occupational rooms be located in a dwelling which the
practitioners (M. Do in Obstetrics & Gynecology)reside in, and applicant
is not presently residing on the premises°
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because applicant would be denied reasonable use of the
structure on the premises for office purposes. Applicant is in
receipt of a (2) two year lease at $190.00 per month which will
have to be cancelled if a variance is not granted. Applicant has
mot been able to rent premises at above rent which is necessary
in order ~o produce sufficient return on his $30,000o00 investment°
Premises are now used as a two-famil~:~ non-conforming. In the
immediate area there is a church~ rectory, Doctor's office and
three Attorney's offices. Also a High School and bus garage~
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 properly is wit:him 300~ of
similar office space and within 500' of "B" Business District to
the East.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the proposed use of the premises is
one frequently carried on in a residential district and would not
be one adversely affecting the health, safety, morals or general
welfare of the area.
STATE OF NEW YORK )
) ss
COUNTY OF St~FO~< ) Signature
Sworn to th_is .............. ./...../.. .............. : ....... day of ......... ~.q.e...m..b...e..r.., .......................... 19
...... ..................... : ....... ....
Notary Public
~ RE~$$ELAER
No. 52-g954850
'~-~? ~;omm[ss;-on Expires g[arch 30~ 1969
68°
Decer~er 18, 1968
Mr. Anthony Carclch
Young's Avenue
Southold, New York
Dear Mr. Carctch~
we have received your application for a variance. There
is a $5.00 fee for application. Please send us this fee as
soon as ~osstble. Thank you.
Yours truly,
Bett~ N~ville, Secretary
Board of Appeals