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HomeMy WebLinkAbout1225 t225 Appeal No. ACTION OF THE ZONING BOARD OF APPEAL& OF THE TOWN OF SOUTHOLD To Cassella Bu~lders~-~c. , 504 Walt~WhStman Road- Hunt/ngton'.Statien, New York -~ at a meeting of the Zoning Board of 2~ppeals on ~ ' was considered/~nd the actibn indicated below was%aken on your ( ) Request for variance due to lack o~ access to property {X ) Bequest for a special exception Under the ~0hin~ Ordin~ir~ee ( ) Request for a variance to the Zoning Ordinance ( ) TOWN OF $OUTHOLD, I~EW YOI~K ACTION OF THE ZONING BOARD OF APPEALS Dated ~ecember t2e 1968 DATE ..~anua=y..2, 1969 Appellant the appeal 1. SPECIAL EXCEPTION. By resolution ~ t~ Board B was determ~ ~at a ~i~ ~ception ( ) ~be ~an~d ( ) be de~ed purs~nf to ~ticle ........ i. ......... ~ction .................... Subsection ..J ................. para,apb ........... ~ ...... of the Zoning Ordinance[ ~& the decision of t~ Bufld~g Inspect~ ( ) be reversed (. ) be · confirmedb~ause 7:45 P.M. (E.S.T.)e upon ap~liCatiOn of:M~T~ Casse~la Builders, Xnc.~ 504 Walt Whitman Road, Huntington Station~ New York, for a,s~cial exception in accordance with the Zoni~g-Ord~hance, Article /VA~ Sectien 420-2c assr a~plies to Article IV, Sectl~n:400-1~ forgasoline service station permit forproposedMattituck ~h0pping ~enter. Loeation of ~o~erty: north east corner of-Factory Avenue and Route 25 ~4ain Road)~ Mattitucke 'New'-York, boun~ed-north by land of proposed Mattituck Shopping Center~ south by"MaSn Road, west by Factory Avenue. 2. VARIANCE. By resolution of the Board it was determined that (a) StriCt application of the Ordinance (would) (would ~0t) produce hardship because practical d/~icuities 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 u.ve district because SEE REVEKSE (c) The variance (does) (does not) observe the spirit of the Ordinance and change the character of the district because SEE REVERSE (would) (would not) 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. FORM ZB4 A ?ROVED //~ZO~NING BOARD OF APPEALS Bet~t N~ Secretary After investigation and lns~ection the Board finds that the applicant reque,sts approval for gas station site. App!.icant requests this approval in connection with the construction of the 9.3 acre shopping center located on the N/E corner of Factory Avenue and Route 25 (Main Road)· Mattituck· New York~ ~c~nsisting of a major supermarket· variety store· movie theatere bank, proposed U.S. post office· and 14 retail merchantable stor~s~ . They anticipate a high density of concentration of shop, ers. By having a service station affiliated to their shopping center, they can afford the local sheplers· and the surrounding c~,~uunities a complete shopping service. The Board finds that this service station must be subject to the Rules & Regulations for service stations. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardshlp~ the hardship created is unLque, the property in question meets the requirements for a gasoline service station and will not change, dspreciatee or affect the properties in the ~mmediate vicinity of this property and in the same use district~ and the variance does observe tha spirit of the O.rd.in ~a~=.~ e and Will not cha~,g.e .th.e gh.ar.acter of the district. _ Therefore~ ~ ~t was RES0~VED that gas~,el!~a_~ Bull. tiers,~ _Inc~. · 50_4 Wai~t~Whitmp,~_Roa~ Hunting~0n Station, Ne~ York,~be G ,I~NT.~u approval of gas station site. as .applied for on Prope~rty ~l..ocp_ted_0_n_~e north east cor~er~ of Factory Avenue a~d Route 25 .(Ma../~. ~ad)~ Mat.t~t_uck,, New York. This appr,oval is gr,anted sub]e,ct to the R~les & Regulations for gaso,lir~e service stat!on,s~ 1. No major repair work to be done in the open. 2. Pumps, lubricating and other devices shall be located at least fifty (50) feet frem the line of any street or highway· right- of-way or property line. 3. Ai'i fuel oil orother similar substances shall be stored at least 15 ft. distant from any street or lot lines. 4. No automobiles, or automobile parts, dismantled or ~a~aged vehicles and similar articles shall be stored in the open and no parking of vehicles other than those being serviced shall be permitted. 5. Signs to be in accord with Article IV· Section 408~ of the Building Zone Ordinance of the Town of Southold. 6. Ail storage tanks shall be buried underground. 7. No second hand or used vehicles to be sold on the premises without further special exception frem the Board of ~p~eals. provisions-of- the of southo ppeals. & Geo~g, .~ 280A~ Location I ~ I Bay~leW Road, ~oad, east 7.45 Builders~ New York Zoning a spec; to ArtiCle station Locatl m~d Rou~ 25 /{Main R north by upon propose,. In. Law and the Ordinance of the Main Road~ of Giraud Wo teed: Avenue~ Lynbrook. to private.road in York Town Law~' SeCtion off south side .bounded north applies .~nter. Avenue.~ east ' Legal Page ?roposed~ Matt New York~ fo=' a var: Ordinance~ Article by Of M.T~ Cassella Station, ~ with the Zoning Section 440-6 as it applies to in landscape area of by Bethany Ceme~ for'a variance Article for .pe~ls~io~ to erect insufficient height Mattltuck corner Matt ituck ~ '~Assoc,~ east by Main~Road~ west by ~ation of-Eastern ~ New York, oning Ordinance ~ le IV B, sect ion 441 on' brick .Wall with Location of property: south side North Road~ Greenport~ New York~ bounded north by North Road~ east:by King Greenport Assoco~ south by King Greenport Assoc~ west by King Greenport Assoco Carc 8:30 ion of Anthony. $out~hotd~ New York~ for a the Zonin~ 0rdinanc~, Article permission to use Pursuant to Section 267 0f the~ ~wn Law and the provis!ons of th~ ~i~l~nd- ed Building Zone Ordinance b~[' ~the! Town of Southold, Suffolk Countyl New York, I~ubltc hearings will be h~Id'~ the Zonine Board of ApDea~s of the Town of Southold, at the Town Office; Main Road, Southold, Hew York, on January 2, 1969, on the following ap- ?:30 P. M. (EST), Ul~On al~llcation of Otraud W. & Geor~e~e Campbell, 128 Heml~stead Avenue, L!rnbrook, I~ew York, for approval of access to private road in aecordsnce with the State of New York Town ~aw, Section ~)A. Location of property: private road off south side Bay~lew Road, Southold, New York. bounded north by private road, east by Airsm Enterl~sos. south by Pecontc Bay, west by S. Imn~rdino. ?:~ P. M. (EST). ul~n apl~llcation of M. ?. Casse]la Builders. Inc., Walt Whitman Road, Huntington Sta- tion, New York, for a sl~ecfal exception in a.ecorda, ce with the Zon~.~ Ordi- nsnce, ArtiCe IV, Section 420-2c as it apulies to Article IV. Section 400-1, for gasoline Service station permit for Location of property: north east car- (Main Rogd). Mattituck, New York. Partory Avenue. ~'c0 P M. (E.~T), u~n application Wglt Wbitmn~ l~ad, Huntington Ste- Article IV. Seg~on 4~0-a as it aonliec to Article IV, Section 400-1, for redtlo- parking area for progc6ed MatUtuck and Route 25 (M~in Ro~d). Matt~thck, New York, bounded north by Bethany Cemetery Assoc., south by Main Road, 8:15 P. M. (EST), u~n al~pNcation wall with Insufficient heieht above York, bo.nded nor+h by North Road, east by Kine Orsenl~rt Assoc., ~outh King Orecnport Assoc. 8:30 P. M. (EST), u~on application iSouthold, New York. for a variance in Article lTl, Section 300, SuI~ectlon 'for non resident physicians. Location !of property: south side of Main Street, iSouthold, New Yo~k, bounded north by COUNTY OF SUFFOLK STATE OF NEW YORKt ss: C. Whitney Booth, Jr., being duly sworn, soys that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, o 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 ......... ~L~'...~.Z~... week~ successively, commencing on the .............. o.~..~-. ................ dayof ...... .......... Sworn to before me this ....... .~.) ........ day of ....... ....... No. 52-3041000 ~mmissies Expires ~ar~h 3ilo 19i'~ ? Main Street, east by I. P. Terry, south by Sehool Property, west by J. Char- 8:45 P. M. (EST), upon application of James Dean, New Suffolk Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordi- nance, Article Il'I, Section 383, and Article X, Section 1000A, for permis- sion to reduce frontage and area. Lo- cation of property: private road off south side New Suffolk Avenue, Cut- cho~e, New York, bounded north by land of James Dean, east by land of James Dean, south by Peconic Bay, west by Reeve-Beachwood St~bdivtsion. Any person desiring to be heard on the above applications should apprar at the time and place specified. DATED: DECEMBER 5, 1968 BY ORDER OP THE SOUTHOLD TOV-Fiq BOARD OF APPEALS LEGAL 'NOTICE Notice ~f Hearings Pursuant to Section 267 of the T~n Law and the provisions of the amended ~uilding Zone Ordinance of the Town of ~Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals ol the Town of Seuthold,' at the ~Town Office, Main Road, South- old, New York, on J~puary ~, 1969, on the following a~peals: ?:30 P.M, (~.S.T.), upon aPplica- ,finn ~f (~iraud Wy & Georgette Ce~n~be[l 1~8 H. empstead Avenue~ Lyn~brook,. Nevi' york, for approval of access to private road in accord- ~nce' ~ith the State of New York Town Law Section 280A. Location of property: private ~oad of~ south issue Bayview Road, Southold, Hew york, botu~ded north by private road, east by Ai'r~n Enterprises, south by Peconic Bay, west by S. Immardino. ?:45 P.M. (E.S.T.), upon applica- tion of M. T. Cassella Builders, I~nc., 504 Walt Whi.tman Road, Hunting- ton Station, ~ew York, for a spe- ci~l exception in accordance with the Zonins Ordinance, .~rticte IV, Section 42~-2c as it applies to Art- iete IV, Section 400-1, for gasoline service station permit for propeaed Mattituck Shoppin~ Center. Loca- ~ten of property: north east corner of Factory Avenue and Route 25 (~la~ Road), Mattituck, New York bounde:~ north by l~nd of ~roposed Mattithck Shopping Center, east by land of proposed Mattituck Shopping Center, soutk by.Main ~oad, west by Factory Argue. 6:o0 P~M. (~.S.T.), upon applica- tion of M T. Cassella Bni[de~s, Inc., 504 Walt ~N~tn~a~ Road, Huntin~n Station, New York for a variance ~n accordan?e with the Zo~ng Or- dinance, Article IV, Section 440-6 as it applies to Article IV, Section 400-1, for reduction in landscape m~ea and increase ~n parking area ~or p~-opo~ Mattituck Shopping Center. Loca,tion of property: north east earner of Factory Avenue, and Route 25 (Mai~ Read), Mattituck, New York, bounded north by Beth- any .Cemetery ~soc., east by Beth- any Cemetery Assoc., south by~ Mai~ Road, west by Factory Avenue. 8;15 P.M. (~.$.T.), upon appltea- tiaa o~ Eastern Suffolk Nursing I-I~me, ~Torth Road, Greenport, New York, ~or a variance in' accordance with .the Zoning Ordinance Article I¥, Section 408a, and Article IV B, ~Section 441, for pemission to erect ground si~n on hrick wall with in- ~ufficient height ~bove ground level. r.ocation of property: south side ~orth Roa,~ C~reenport, ~Tew York, ,bounded north by-Main Road, east by King Greenrport Asoc., south by King Grea~port Assoc., west by I King Greenport Assoc. 8:30 p.M. (E~S.T;), upo~ applica- ilion of Anth(~ny Carcich, Young's Avenue, Southold, ~lew York, for a variance in accordance wi~h the Zoning Ordina~nee Article III, Sec- tion 300, Subsection 7, for pezmi~- si~n to us~ medical office for non reaident physicians Location of property: south side of Main Street, Seuthold, Ne~ York, bounded north by Main Street, east by L P. Terry, south by Sehool Property; we~t by J. Charn~ws. 8:45 P.M. (E.S.T), upon applica- tion of James Dean, New Suffolk Avenue, Cutchogue, New York, for a yari~nce in accordance with the Zoning Ordinance, Article III, Sec- tion 303, and Article X, Section 1000A for ~ermissicn to reduce frantage and area ~bocation of erty: private road off south side New Suffolk ~venue, Cut~chogue, New York, bounded north by land of James Dean, east by land of Je~nes Dean, ~outh by Peconic Bay, west by Reeve- ~eachwocd Subdi- vision. Any person desiring th be heard on the above a~pltcations should [ appear at the time and place above ~specifie~. DATED: DE©EMBBEI~ 5, 1968, BY ORDER OF THE SOUTHOLD TOW~ BOAI~D OF APPEALS ltD2? COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: · "~'~': ' '~"'~'~' ~' ¥ ~l .E. ~ >~. ~. (. ~ .~.~ ~:? ~ ~... ~ing duly Sworn, s~s that . ~. )~. is Printer and Publisher of ~e SUFFOLK WEEKLY TI~ES, a news~per publish~ at Greenport, in s~d county~ and ~hat the noti~, of which the annex~ is a print~ ~py, has ~en published in the ~d Suffolk Weekl~ Times once in e~ch week, ~ ........ ~. ~ ~ .............. week~ suc~ssiwly ~mmencing on the .~ ~ ~ .~.~ ~.~ ~. :. ~,. ?~.~ ~ d~y of . .~. ~.~.~ ~ ~ 19~:~. Sworn to ~fore me this .~ ~'~- , day of . .~.~q.~(~ 19.~-.~. J April 4, 1969 M.T. Caemella Builders, Inc. 504 Walt Whitman Road Huntington Station, N.Y. 11746 Attention~ Mr. Thomas J. Cassella' Your letter of March 28th to the Board of Appeals RE~ error ~n pump setback ~n the gasoline station exception at factory Avenue and Main Road, Mat~ituck, was read at their meeting last n~ght. A motion was made and carried to correct this error. The action will now read ........ "gasoline pumps, fuel tanks, etc. to be not less than 15 feet from any property line, street l~ne or right-of-way ......... . Yours truly, Howard Terry~ Building Inspector M. T. CASSELLA BUILDERS, INC. March 28, 1969 Board of Appeals Town Clerk Buildinq Southold, N.Y. Re: Appeal no. 1225 Dear Betty Neville: In reference to our gasoline service station variance located north east corner of Factory Avenue and Route 25 (Main Road), Mattituck~ New York~ we have found that on the approval subject to the rules and regulations that item no. 2 apparently is an error upon the advise given by Mr. Terry of the Building Department. When we had requested this variance~ we had plan layout of a Sunoco Gas Station and had back of our gas pumps were a minimum of 25' line. submitted a plot shown that the set from the property Prior to the drawing of the plans, we were advised that the set back as required by the town was a minimum of 15'. Therefore~ we conformed to the minimum and more. I confirmed this set back with Mr. Terry today and he had suggested that I write to the Zoning Board and request an amendment to the approval of our gas station site to read "Pumps~ lubricating and other devices shall be located at least fifteen (15) feet from the line of any street or highway, right-of-way or property line." We would appreciate this amendment as soon as possible for we are about to start construction after April 1~ 1969. Respectfully yours, M.T. asse~a uilde Inc. ho- - - ~ Tho~~ ~r~es. TJC:bs O 0 WALT WHITMAN ROAD M.T~ Cassella Butlders~ Inc. 504 Walt Whitman Road Huntington Station, N.Y. Town of Southold Town Clerk's Office Southold, N.Y. Re: Mattituc~.Shopping Center Dear Mr. Toffy:' Enclosed you will find out as.required by the the applications filled Zoning Board. I wish to take the l~berty-o~ thanking you and the Town BOard for~e~pediting this matter quickly and would appreciate the recommendation of the Board at their earliest conYenience~ so as we may finalize our plot plan. Yours truly, N.T.__g~ass___~e~.,a Builders, Inc. T~' Jam~ ~a, Pres. TJC :u's ' ~c1. 'Deceud~r 10, ,1968 M.T. Caesella Builders, Inc. 504 Walt Whlt~uan Road Huntington 8tatlon, Hew York ~entlemenl Your revised plot plan for ~he "Mattltuck Shopping Center" and l~our latest proposal to reduce ~ 2S~ landcadd area and increase ~e ~rklng were g~l~ed at a Joln~ Me,lng of ~he Plann~n9 Board and ~e ~rd of Ap~als. Af~OE qut~e 8o~ dis~sslon 1~ ~ agreed ~is would probabl~ ~ a ~d l~a and ~ 8 ~an~ a~Aea~i~ should ~ su~i~ed ~o ~he B~rd.of Ap~a~o - ~t, ~ B, Oeo. 442 .- ~ as ~ applies Enclosed plaase find a set, of varLance application forms and a set of speoial ex~eption ~formS for the proposed 9asoline stat4on. File ~hese in duplicate ~lth a ~5.00 fee for ~ac~, application. are holdln~ the plans Suhntt~od in our £tles. , , YOur8 tz'ul~, ' Howard Tort7 Bulld~ng TnsPeC/tor TO¥~ lOg SOUTH,OI~D; NE~ ¥~. ~ APPLICAT~O/N EOIR ~,,C~.L E~C[EPTIO~ APPLICATION NO. DATE .D.~_~ ......... A2,..~..i 9 ~ 8 TO 'i~E ZON,II~G BiOARD OF APPEALS, Si0UTHOLD, N. Y. I, (We) ..... Pi ......... T. ........ .C.~s.s..el~.a,..,B. Ll~.!.d,e,r..s..~ ......... o~ ......... ..Si14..-,WeL..%....44h. L.fi..me,~..,..~ee.d.,: ....................................... Name St~ee,t and Num,be~ Huntington Stz~t~ on, . .............................. ~ o~ ............................................................................................... .......~..,.~.¢....Y.....~.k .................................................................................... Municipality S~ate, hlereby apply to THE ZONING BO~.~, O,F A~PE~LS ~m' a ~CIAL EXC~N in ~ardan~ width the S~,~C~N Recues~ for Gas Sfia~ion Site Approval T~ SPEOIAL ~C~T~ON ,IS E~S~ ~CAUSE In connecfion with ~he construction of our 9.3 Shopping_ !ocaqed on hhe N/E corner of Factory Ave. ~ ~ N.Y.S.. Rt. 25~ Pta%hi%uck~ L. I.~ consishing of a major super marke%~ variety shore~ mort=_ hheaher~ bank~ 'o~.=oDoseol ~ U.S. Pose_ Office~ and t4 rehail mercantile stores. We an~icipahe a high density concentration of shoppers. By having a service station affi!ie%ed ~ our Shopping Cen%er~ we afford %he local shoppers~ and hhe surrounding communihies e comp!ehe shopping service. Several major oil companies have pehihioned us ho build, a service shahion ah %his !ocahion because of %he ~' = ' ~numc~_paned~3 acqivi%y~ and growhh~ %hah our shopping cenher will create. Also i% would be a complehe convenience for cars %hah may develop mechanical hroubie while in our shopping cenher. The basic trend of the last %hree shopping cenfiers fihat we were affiliated with~ all have been built and designed with a major oil comp!any located on the site as part of ~he entire complex~ and all have Proved to be an asse~ to ~he public for quick convenience and emergency service. Respec~fu!iy yours~ M DERS ~ -i~N~C. STATE ,OF NA%V YOI%K ) )ss COUNTY ,OF~S</%~ ') - ....... Sv~orn to this ...... ....~......-- day oi ...~ ................. No~a~ Public, State of New Yor~ No. 30-94092Y~ Xerm ~xpi~es March 30~ ~20 Signature FOP~I ZB2