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HomeMy WebLinkAbout1158 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1158 Dated December 15, 1967 ACTION OF TH]f ZONING BOARD O'F APPEALS OF THE TOW.N OF SOUTHOLD TO Southold Town Platting Board and Clifford Tyler Main Road School Street Ext. Southold, New York Cutcho~ue~ New York at a me.ctil~g of the Zoning Board of Appea~s on January 4, 1968 was considered and the action indicated below was taken on yDur , ) Request for variance due bo lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Requcs~ for a variance bo the Zoning Ordinance ~ ) DATE ..J...~..l!~._...4.z.......1968 Appellant th~ appeal L SPEC]AL EXCEPTION. By resolution of the Board it was determined that a apeclal exception ( ) be granted ( ) be d:enled pursuant to Article ............................. Section ............................ Sabsectl(m .......................... par~raph ............................ of t~e Zoning Ordinance, and the decision of the Balldin~ lmspector ( ) be reversed ( ) be confirmed because 7:30 P.M. (E.S.T.), Upon application of .Souttuld Town Planning Board, Southold, New York, and Clifford Tyler, Cutchogue, New York, for a special exception in. accordance with the Zoning Ordinance, Article IV, Section 408, Subsection (a), for permission to maintain a ground sign with insuffici~lnt setback. Location of property: north side School Street, Cutchogue, New York, bounded north by A. Kurczewski, east by C.L. Tyler, south by School Street, west by John Wickham. 2. VAR, lANCE. B~ vaselution of the Board it was determined that ia) S~rie$ application of ~he Ocdinanoe, (would) (would not) produce practical difficulties or urmec- essary hardship because SEE REVERSE (0) The hardship created (is) (is not) unique and (woald) (would ~ot) be shart~d by all properties alike in the immediate v~cinity of ?~his property and in the same use district because SEE REVERSE (c) Th~ var~anoe (does) (does not) observe the spirit of thc Ordinance and change the ,character of the distifict bec~se SEE REVERSE (would) (would not) and therefore, it was furth~er det~ that ~he requested varia~ce ( ) be granbed ( ) be denied and taqat the pr¢~vious de~isiocm of 91~e Building Inspector ( ) ,be confirmed ( ) be reversed. FORM ZB4 SEE REVERSE I Barbara C. ,J~ittmann, SeCretary After investigation and inspection the Board finds that the applicants request permission to maintain a pole type ground sign with insufficient: setback from the highway prpPerty line. The Board finds this sign will be put in the position of improper setback by a proposed widening of School Street. The Board grants this sign as applied for. The reason of the Board is that the effective use of the paved p~rtion of the highway will not change, altho the applicant (Mr. Tyler), will have a sign located one foot closer to the highway line than permitted, which is five feet. The Board cuncludes, that there-will be no change in the actual use of the road. Only the ownership of the land previously~sed for the road will be changed. Accordingly, permanent permission is granted for the location of this sign, so long as the present use of the property is continued, which use is for a public garage and gasoline service station. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Therefore, it was RESOL~rED that the Southold Town Planning Boar~ Southold, New York, and Clifford Tyler, Cutchogue, New Yor, be granted permission to maintain a ground type pole sign with insufficient setback from the highway property line, as appleid for, on a permanent basis, subject to the condition set forth above. Location of property: north side School Street, Cutchgoue, New York. LI~GAL NOTICE Notice of Hearing Pursuant to Section 267 of the To~n Lam and the provisions of the amended Building Zone Ordinance of theTo~n of Southold. SuffoLk County, New York, public hea~lng will be held by the Zoning Boardc~ Appeals of The Town of Southold. at the Town Office, Main Road, Southold. Ne~ York. at 7~30 P.M.. on January 4, 1~68. on the following appeal: 7~30 P.M. (S.S.T.). Upon application of $outhold Town Planning Board. Southold. New York, and Clifford Tyler, Cutchogue. New York. for a special exception in accordance ~ith the Zoning Ordinance, Article IV, Section 408. Subsection (a). for permission to maintain a ground type pole sign with insufficient setback. ~ocation of property~ north side School Street. Cutchogue. New York. bounded north by A. Kurczewski, east by C. L. Tyler. south by School Street~ west by John ~.ickham. Any person desizhg to be heard on the above application should appear at the time and place above specified. DAT~D~ NOVEMBER 30. 1967. By Order of the Southold Town Board of Appeals PLEASE PUBLISH ONCi~, DECEMBER i% 29, 1967. AND FORWARD TWO (2}[ AFFIDAVITS OF PIIBLICATION TO THE SOUTHOLD T~N BOARD OF Eopies mailed to the following on Deceraber 22, 1967~ The Long Island Traveler-Mattituck Watchman The Suf6olk Weekly Times John Wickham SOMEONE SHOULD APPF~It AT TP~E Clifford Tyler NOTICE OF HEAR/NG P~r~t to Section 267 of th~ Town Law and the provls~en~ of the amended Build~ng Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearing will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, S0uthold, New, York, at 7:30 P. M. on January 4, 1968, On the follow!ng appeal: 7:30 P. M. (EST), upon application of Southold Town Planning Board, Southold, New York, and Clifford Ty- ler, Cutchogue, New York, for a special exception in accordance with the Zon- ing Ordinance, Art~cle IV, Section 408, Subsection (a), for permission to main- rain a ground type pole sign with sufficient setback· Location of prop~i erty: north side School Street, Cut-! chogue. New York, bounded north by A. Kurczewski, eazt by C. L. Tyler. south by Sehocl Street, west by John Wick- ham. Any person desiring to be heard on J the above application shOUld at the time and place above specified. DA'I'I~L~: NOVEMBER 30, 1967 By Order of the Southold Town Board of Appeals COUNTY OF SUFFOLK STATE OF NEW YORK 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; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ~ ~'~ £'. / // ' / ....~..~. ~.¢,~.. . ,<...././,: ..... weeK~ success ve y, commenc ng on the ........... ~<J....~ ................... ........ ......... ..: of .................................. ..... Notary Public ADELE PAYN~ I~otary Public, State of New LEGAL NOTICE Notice of Hearing ~ursuant to Section 267 of the Town Law and the provisions of the amended Building Z~ne Ordln~nce of the Town of Southc,ld, Su~ffolk Cour~ty, New Yol'k, public hearing will be held by the Zoning Board of Appeals of The Town of o~d', at the Town Office Main Road, Southold, New York, at 7:30 P.M., 7:30 P.M. (E.S.T.), Upon applica- t/on of Southold Town Plannir~g Article IV, Section 408, Subsectic~ (a), for permission to maintain a north side School Street, Cutchogue, New York, bounded* nortk by Kurczewski, east .by C. L. Tyler, south ,by School Street, west by John Wickham. Any person desiring to be heard on the above application should ap- specified. DATED: ~NOVEMBER 30, 1967, By COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: J --' -u' - ..... ' ....... · ;/ ........................ nelng u l.y. ~worn, soys that .. ~., is Printer and Publisher ~ ~e SUFFOLK %¥EEKLY TIMES, a news~per publish~ ~t Greenport, in s~d county; and ~hat the notice, ,of which the ,~nexed is ~ print~ copy, has been published in the ~id Suffolk Week~ Times ~nce in e~ch week, for ......... ~-~ ............ week~ succ~ssiv~iy commencing on t~he ..~,~..~,:,~... day of ~¢.e-~ 19~*l.. Sworn to beio,re m~ this .~:{4 .... day of ..~:¢~:~... TO.~I~N :OF SIOUiTIt~O~)., NE,W ¥OI~,' P~P~'LIC~TI!ON I~OR SP~CIP~L, EXCEPTION TO, ~HE Z;ONI;NG BOAt%D O~ APPELiLS, SOUTI-IOLD,, AT. ¥. Southold Town Planning Board Main Road I, (W.e) ".~...;~.`.~.~"l..`~.i..."f..~.~f..`.~.....r..~..~.~`~...T.~..l.....e...`r..~ ..................................................... o,f ......................................... ..$....C....~,Q.Q.~ ,I~Q.tl~..~.....~S~t~2.~.~..t ................... Southo1 ~ame Stre.e,t .and Number Municip,ality State, hare,by apply to 'Ti~E Z~ONIN~ B~O~I~D O~ A,PPE'ALS for a. SPEiCIAL .EX, CE?!T~ON in ,a,cco,rdance with the ZO~II~G ORD~INA~O~ A~T~CL,EI IV S~OTI,O~ 408 S~UBS;EOTliO,N (a) THE 'SP,EC'IAL E,~C,E~'T~O~ IS I{E!QUESTED B,E~C.~U~:E We wish to obtain a permanent permit for the pole type sign located at Cliff Tyler's Garage, located on School House, Street, Cutchogue, in view of the fact that the Planning Board has been trying for l0 years to widen SchoOl House Street, Griffin Street, and North Street to 60 foot wide highways~ When the width of the road is increase, the sign in question will be locaeed insufficiently from the property line. Mr. Tyler is donating some of his frontage for the widening of the highway, and we feel that the granting of a permanent permit is a reasonable request. ) $,SI ;. ,.~ .................... ~......~ ................................ .................................................................................. OOUNT~/ O~P ) · ~ / Signature S.~orn te this, ...... ~..~. ......... d~y o,, ~.~,~_.; ........... ' ...... 1,9....~...7. ~ ~o~ P~b,Iic~ f~ MARION A. NOTARY PUBLIC, State o~ New Yor~ No. 52-3233120 Suffolk County Te~m Expires Ma~ch 30, 19~ F,O~5i ZB[2