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Home My WebLink About1226 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 1226 - Dated- December 12~ ACTION OF ~ ~G BOARD OF APPE~ O~ T~ TO~ OF SOUTHO~ To Cassetla B~lders, ~. 504 Walt-~l~n Road H~n~ Station~ ~w 1968 - at a meeting of the Zoning Board of Appeal~ on J~nu~2~' 2· 1969 wa~ considered~and the action indicated below was taken one'your ( ) Bequest for Variance due to lack of access to ~property ( ) Bequest for a special 6xception under the Zoning O~dinance (X) Re~hest ~or a variance to the Zoning Ordinance ( ) AppeUant the appeal 1. SPECIAL EXCEPTION.-By resolution of the Board it was determined that a spec/al exeeption( ) be grunted ( ) be denied pursuar~ to Article .................... Section .................... Subsection .................... paragraph ................... of the Zonin~ Ordinance. and the decision of the Bufldhrg Inspector t ) be reversed ( ) be confirmed because 8:00 P~M. (E.S.T.), upon' -application o~ M.~. CaSsella Builders, ~nc.· 504 Walt Whitman Road· Huntington Station· New York, for a variance in accordance wit~ the Zoning Ordinance, Article IV, Section 440-6 as it, applies to Article ~IV, Section 400-1~ for reduction in landscape area an~ increase-in Parking area for pr°p~sed .Mattituck Shopping Cente~.3 Location ~f property: north east corner- of FaCtory Avenue and Route 25 ~4ain- R~ad)· Mattltuck·' New/ York· bounded north by Bethany Cemetery Assoc. · east by Bethany Cemetery AssoCo~ south by Main Road· west by Factory Avenue. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical d/fficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the inlrnediate vicinity of this property and in the same use d/strict because SEE REVERSE (c) The variance (does) (dces 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 and that the previous decisions of the Building Inspector ( determined that the requested variance ( ) be granted ( ) be ~enied ) be confirmed ( ) be reversed. FORM ZB4 ~ZONING BOARD OF APPEALS After inves,t!gatton and /ns~ection the Board finds that the applicant requests a reduction in landscaped area and increase in park/rig area for proposed Mattituck Shopping Center, in accordance with the Zoning Ordinance, Article IV, ~ec~t~on 44Q-6 as_ it apl~lies to Article tv, section 400-1. The Board finds t~at the-present parking layout of the proposed shopp3[ng ce~te~r, may be ~obse.!ete due to the present populatione growthe and summer tourists. The Shopping Center layout will presentl~ accomodate 387 cars as requ/red by the Town Ordinance. If the Ordinance can be amended by the Board applicant would seek to gain 150 to 250 additional parking spaces. Therefore alleviating any possibility of inadequate parking, and avoiding any congested parking on the public streets. A per/meter reduction of 40 ft. en the northerly property line. The Board finds that strict application of the Ordinance will 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 does observe the spirit of the Ordinance and will .no.t chan~e_~the character ,~f. t4h. e. 4is.tr.ict. Therefore. it~ was R_ESO~D that_~Cassel!a Bu-ild_ers~ _~n_c~ 504__ WaltlWhitm,an Road~.Hufnt//~gt~on Sta, tiom~ New~ York,, be GRA~T~u ~ ; · re~_~uction ~n lands~._ape area an_d lncrease~la parking _area as apptied for on .prc~erty _located .on north east corne~., o~.Fac.tory Aven~ue & Route 25 (Mal~ R~ad}~ M~tt~tu~ck~ Ne,w, York. ~ -~i,~ LEGAL NOTICE ~. ~:~ ~ NOtice .Of He'~lngs purSUant'..to s~c~£on ~267 ~f"'~e To~;~n. Law and the provisions Of/the amended.~Build/ng Zone~' Ordinance of the heaEtngS~ will be of ~e Town Board of Appeals Office, Main Road~ SOuthold~ on the following & Georg New York~ for~a accordancewith of Giraud We Lynbr ook, Bayview_ Road~ .re ~oad in Town LaW~ Section Pri~ate.road off south side ~bounded north by private road, east by Airem Enterprises, ~s0uth by Peconic Bay~ west 7:4B ·P~'Mo (EoS°T~i), up°ri'application of MoTe Cassella Builders, Inc", Huntington. ' Station New York~ for.~a speci~ ~in accordance with the Zoning Ordinance~ Section 420-2c as it applies to Article IV~ Sec~on]1400-1~ fermi, gasoline service station'perm!t for~i~X~P°se~ Mat~uck'Shopping Center. and R~ut~ 25 ~ ~att~tuck~ New ¥ork~ bounde~ Center~ ~ast north by land~' of Legal Noti¢~- Page -2- by lan Main Road~ west byFactory 8:00 Bui] New~ O~dinance, Article and'? of Factory Avenue~ by Bethan~ 8:15 ~-£nSu fficient ~h property= south ho'undo. s¢~uth by King; ( of M~To ~Cassella H.untington Station, .~ction 440-6 as it applies to landscape area ~sed Matt ituck ~north-'eas~ corner Mattituck, upon ~Orth R~ fy' Assoc Main Zoning O~dinance, on brick wall %~ith iby 'King Greenpo~t AsSOCo, 'west by King Greenport Assoco Care ich ~ upon apPllcation of Anthgny - New York,~ for a 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 Appears of the Town of Southold, at the Town Office, , Main Road, Southold, New York, on January 2, 1969, on the fullowin~ ap- '1:20 P. M. lEST), upon application of Oiraud W. & Georgette C~mpbell, 12g Hempstead Avenue, Lynbrook, New York, for approval of access to private road in accordance with the State of New York Town Law, Section 280A. Location of property: private road off ,~outh side Bayview Road, Southold, New York, bounded north by prtvate road, e~t by Airem Enterprises, south by peconic Bay, west by S. Immardino. ?:45 P. M. (EST), u~on application of M. T. CasseSa Buqders, Inc., ~ Walt Whitman Road, Hunttncton Sta- tion, New York, for a special exception in accordance with the Zonine Ordi- nance, Article I'V, Section 420-2c as it applies to Article IV. Section 400ol, for ~seline service station permit for Location of property: north east cor- ner of Factory .~vem]e. and Route 25 (Main Road), Mattituck, New York, la~d of proposed Mattitock Shopping Center, south by Main Road, west by Pactery Avenue· 2~00 P. M. (EST), upon application of M. T. Cassella Builders. Inc., 594 W,lt Whitman Road, Huntinaton Sta- tion. New York, for a variance in ac- cordance with the Zonine Ordinance, Article IV, Section 440-~ as it annlies to Article IV, Section 400-I, for reduc- ~tion in landscape area and i~crcese in · parking area for proposed Mattituck . Shovping Center. Location of property: north east corner of Pactor~ Avenue, and Route 25 (M~in Road), Mattituck, New York, bounded north by Bethany Cemetery AssOC., esst bv Bethar~y| Cemetery Assoc., south by west by Factory Avenue· 8:15 P. M. (EST), of Eastern Suffolk N'ursin~ Home. North Road, Oreennort, New York. for · a variance in accordance with the Zon- ' ine Ordinance, Article IV, Section 408a, and Article IV B, Section 441, for per- ~rnfssion to erect ~round si~n on brick wall with insufficient height above ground level· Location of property: ' south side North Road. Green~rt. New ~;York, bounded north by North Road, 'east bi, King Oreenport Assoc., south i bv Kine Oreenport Assoc., west by , Kiv~ Oreenport Assoc. 8:~(} P. M. (ESI'l, u~on application :of Anthony Carcich, Young's Avenue, , Southold, New York, for a variance in accordance with the Zoning Ordinance, Article 1Ti, Section 200, Subsection for permission to use medical office for non resident physicians. Location of property: ~outh side of Main Street,. Seuthold, Hew York, bounded north by 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 - MAI-rlTUCK 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 ...... ~ '-'¢~'~'--~-... '(-~-.i. weeks success e n ~ - '~--~c 'v y, comma cing on the .............. ~ ................ day of ...... ............/ ............ '7'-- Sworn to before me this ......... ~.(). ....... day of ..... .........., 'Main Street, east by L P. Terry, south :by School Property, west by J. Char- 8:45 P. M. (EST), upon application Cutchogue, New York, for a variance in accordance with the Zoning Ordi- nance, Article III, Section 303, and Article X, Section 1000A, for permis- cation of property: private road off south side New Suffolk Avenue, Cut- cho~ue, New York, bounded north by land of~James Dean, east by land of James Dean, south by Peconic Bay, west by Reeve-Beachwood Subdivision. Any person desirin4~ to be heard on the above applications should appear at the time and place specified. DA'i~D: DECEMBER 5, 1968 BY ORDER Ol· '£ti~ SOu'i'.~-iOLD TOWN BOARD O~' APPEALS LEGAL NO~'ICE - /~tice ot Hearings Pursuant to Section 207 of the Town Law and the Provisions o:~ the amended ,~uilding Zone OrdinanceI of the Town of Seuthold, Suffolk C0u~fi~r; ~Tew York, Public h~ringst will be held by the Zon~g:B~rd 0f' Appeals of the Town of the Town Office, Main ~d, ~uthd old, ~ York~ 0n Janua~ 2, 1969, on the follow~g ~ppea!s ' 7:30 ~M. (E.S~T.), Up~ applica- ~1~ of Gira~ W. & G~rgette C~pbell 128 H~pstead Avenue, Lynbr~k, Ne~ York, f6r a~val of ac~ to p~va~ ~ad in a~o~- ~nce ~ith the S~te of ~ York To~ ~w, ~ti0n 28~A. ~afion of prope~y P~va~ t~d o~f ~uth.~ York, ,~u~ed n0~h by private] road, east by ~ En~ris~,, sou~ by Peeonic ~y, w~t by S. I . 7:45 P;M. (E.S.T0, upon appHea- ~n Sta~on, ~ York, ~or a ~e- ci~ exception in a~ordhnce with~ ~ctt~ 4~-2e as it aPp~ to icle IV, ~ti~ 400-1, t6r gaso~ne~ settee stati~ petit fo~ p~p~; Mattituck Shaping Cen~r. ~ca- ~tion ot prope~y: ~ east corner ~Facth~ Aven~ and ~u~ 25 ( a~ ~d); Mattituck, ~ew York, bo~de~ no~h by l~d ot ~oposed Mattituek Sh0ppi~ Cen~r, east by land of pm~ Mattitudk Shopping C~r, ~ut~ by ~ain ~d, w~t by Facto~Av~ue. 8:00 P.M. (E.S.T.), u~n appliea- ~ tion of M T. Cas~lla B~ld~rs, Inc., ] 504 Walt ~tma~ R~d, Hun~n~n ~Station, New York [or a variance ~ in 'accordance wi~ the ~g Or- ~dinance, A~iele IV, S~fion 440-6 ~as it a~es to Article IV, Section 4~-1, tot r~uction in landsea~ ,. for prop~ff Mattituek Shopping ,Center. Location of property: north east corner ot Factor. Avenue, and ~Route 25 (Ma~ Road), Mattituck, J N~ York, bounded north by ~- ~ ~ny Cemete~ A,ss~., east by Beth- any Cemetery Asst., sou~ by Main ~oad, west by Faet~ Avenue. 8;15 P.M. (~.S.T.), upoh app~ea- ti~n of Eastern Suffolk Nursing ~me, ,~th Road, Greenpo~, New York, ~or a variant, in aceordan~ ~i~ the Zonin~Ordin~ce A~iele i~ Sedt~0n.408a,;~nd Article IV B, wall with gro~d level. ~on ~ pro~rty: ~outh side by ~aid Road, ~st Asoc., south by King G~port ~s~., west by King G~enport 8:30 p.~. (E~.T.), upo~ appEca. ~tion o~ Antony Carci~, Young's Avenue, S0uthold, ~ew York, for a variance ih acco~ane~ with the Zoning Ordinance Article III, ~c- tion 300, Subsectio~ 7, ~or sion to use m~ical ~ice tot non resident phy~ci~s ~ation property: south side ot ~ai~ Steer, ~u~old, ~ew York, ~ded nor~ by Main ,Street, east b~ I. P. Terry, south by ~h~l ~ope~ty; w~8t by 8:45 P.M. (E.~.~), upon applica- tion of Jam~ Dean, ~ew Suffolk Avenue, Cuteho~e, New York, tor] fion 303, and ~ticle X, ~tion~ 1000A ~or pe~ission to redu~ tr~tage and area ~ation of ~rop- e~y: p~vate r~d off south side ~ew Suffolk ,Avenue, Cutcho~e, New York, bo~d~ nor~ by land~ ~ Iames ~, east by land g~es Dean, ~outh by P~nic Bay, ~e~t by Reeve- ~eaehwood Subdi- Any pe~on de'ring to be heard an the e.bove ~p~tio~ should appear at the time and place above specifiC. DA~D: D~EMBB~ 5, 19~, BY ~ER OF T~ ~HOLD TO~ ~ OF ~PE~ ltD27 ,COUNTY OF SUFFOLK,, STATE OF NEW YORK, ~ ss: ing du y sworn, says that ...~s.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a news~per publish~ at Greenport, in s~d county; and that the notice, ~f which the ~ne~e~ is a print~ ~py, ~s been published in the ~d Suffolk Weekly Times once in each week, for ...... ~t. tt~ ................ w~k~ successively commencin~ on the ........ .......... day of . .,~ff,q., .~ ...... 19b: . Sworn to before me this .-~ /~.~... day of ...~.~.~.o.%b.~'.~. 19b.~.. ........ ...... .... ~.Z~ ............... APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / 2~./ DATE ..]5 e.e .~....L2..~ ...~.9 6 8 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)..~72 .... C.as.seSLl.~..S~u~i.!~ems.,.I~..cef ...5..0,A...~.!J~...?']h%.i~[~?~..~q&ct ..................... Name of Appellant Street and Number ........... ~um~.~~...&be.bA~n ....................................... ~%....~ ................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUlL~ING INSPECTOR ON APPLiCATiON FOR PERfv~IT NO ..................... DATED ....... [~'.;~:.~..].A/~ , ~.~ ............. WHEREBY THE BUILDING INSPECTOR DENIED TO of ............................. ~ V~' " ~' ~'~ '~ ~ .......................... Name of'~pplicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .F.~..~%.or.y...A.~.e...=~,,,g~Ae.,.25...N./.~..c. err, e~.~.~;.~.ituck ~ L, I Street Use District on Zoning Map Map No. Lot No, 2. PROVISION (S) OF THE ZONING ORDINANCE AP:PEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) REques% variance Ar%. iVB~ Sec.442-2 as it applies to Ar~.IV 3. T/YPE 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 (~)~"(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOP, APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) is requested for the reason that 1%tm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulti~ orunneces- sary HARDSHIPbecause the present parking layout of our proposed shopping center in our opinion may be obsolete due to the present popu!ation~ growth~ and summer tourists~ Our Shopping,~Center layout presently will accommodate 387 cars as required by the town ordinance~ If the ordinance can be am. ended by the board~ we would seek to gain 150 to 250 additional parking spaces~ Therefore~ by alleviating any possibility of. inadequate parking~ and avoiding any congested parking on the public streets. 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 -~--~ ~(~,~1/;? 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becausez ._~' ~Z,. .... ~ . .~ STATE OF NEW YORK ) ) COUNTY OF",~,/,.~r~ ) Sworn ,o this ......... ~ ~/~ ~~. ................. ~ ................... day of ...................................... 19~ Notary Public JOHN G. UHL Notary Public, State of New York No. 30-9409275 Qualified in Nassau Counter T. erm Expires March 30, 1970 · C 5S4 WALT WHITMAN ROAD INDUSTRIAL AND CONINI£RCIAL CONSTRUCTION · HUNTINGTON STATION, L. I. M.T. Cassella Builders~ Inc. 504 Walt Whitman Road Hunting%on Station~ N.Y. Town of Southold Town Clerk's Office Southold~ N.Y. Re: Mattituck Shopping Center Dear Mr. Terry: Enclosed you will find the applications filled out as required by the Zoning Board. I wish to take the liber%y of thanking you and the Town Board for expediting this matter quickly and would appreciate the recommendation of the Board at their earliest convenience~ so as we may finalize our plot plan. Yours truly, M.T. Casse~Qa Bui!d~ers, Inc. eric1. December lO~ ~(.T. Cissella Builders0 Inc. S04 Walt Whitnan Road H~ntington Station, New York Gentlemen! Your revised plot plan for the "Nattituck Shopping Center" and your latest proposal to reduce the 2S~ landscaped area and increase the perking were reviewed at a Joint meeting of the Phnn~ng Board and the Board of Appeals. After quite some discussion it was agreed this would probably b~ a 9ood idea and that a variance application should be submitted to the Board of Appeals - Art. 1~ B° Sec. 442 - 2 as it applies to Art. IV. Enclosed please find a set of variance application forms and a set of special exception forms for the proposed gasoline station. File these in duplicate with a ~5.00 fee for each appl~ation. we are holding the plans iubmitted in our files. Yours truly, HOward Building Xnttpmdtor