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HomeMy WebLinkAbout1057 TOWN OF SOU~HOLD, NEW YORK ACTION OF THE ZONING BOAR~ OF A~PEALS Appeal NO. 1057 Dated January 23, A~Ji'iON Ol~ THE ZONING- BOA~,,D Ol® APPEAL~ OF ~ TOWN OF MOUTHO~I) To Peter Scholl, Inc a/c Joe's Garage 43 West 10th Street Main Road Huntington Station, New York Orient, New York DA~ ~,.. ~,. 1967 1967 Appellant at a meeting of the Zoning Board of Appeals enThursday, February 16, Was considered and the action indicated ~elow was taken on your ( ) l%eque~t for variance due to lack of access to properly ]( ) Request for a special exception under the Zoning Ordinance ( ) Request for a vgrisnce to the Zoning Ordinance ( ) 1967 the appeal i. SPECIAL EXCEPTION. ~By resolution of the Board it was determined that a speciai exception ( ) be granted ( ) be denied pursuant to Article .......... i .... Seciion ............... Subsection ................ paragraph .............. of the Zoning Ordinance, and the decision of the ~uildhn~ Inspector ( ) be reversed ( ) be confirmed because 9:45 P.M. (E. S.T. ), Upon application of Peter Scholl, Inc., 43 West 10th Street, Huntington Statinn, New York, a/c 'Joe's Garage, Main Road, Orient, New Yor~, for a special exception in accordance with the Zoning Ordinance, Art221 IV, Section 408, Subsection (a), for pemmission to retain a pole sign with insufficient setback from the property line. Location of property: north side Main Road, Orient, New York, bounded north by Russell Tabgr, east by Russell Tabor, south by Main Road, w'est by Harry Terry Est. ~. VAR, IANCE. By resolution of the Board it Was determined that (a) Strict application of the Ordinance (would) (would not) ~roduce practical difficulties or unnecessary hardshl~ bec~ase ? 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 use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (~vould not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Iuspector ( ) ~e confirmed ( ) be reversed. P 01:~V[ ZB4 ~ZONINO BOARD OP APPEALS ~~ Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the applicant requests permission to retain a pole sign with insufficient setback. The Board denies this application as applied for, stating that this pole sign must be moved back at least far enough so that no part overhangs the public highway. Findings of the Board are this sign is on the line of the public highway and westerly line of Joe's Garage, and should be moved a distance of three feet or so that no part overhangs the highway. The sign shall ~ exceed 15 feet 6 inqhes. ' ~ ' ' The Board f~n~ds tha~ the public convenience and w~lfare and j~tice will not be serve'd an~ ~he lega'lly established or permitted use of neighborhood property and adjoining use' districts will be permanently or substantially injhred and ,the spirit of theOrdinance will not be observed. Therefore, it was RESOLVED that Peter Scholl, Inc., r3 West 10th Street, Huntington sbation, New York, a/c Joe's Garage, Main Road, Orient, New York, be denied permission to retain a pole sign with insufficient setback from the property line on property located on the north side Main Road, Orient, New York. This sign shall be moved ba~k so that no part of the sign overhangs the public highway. The applicant must comply with this provision within 60 days from date of this action. LEGAL NOTIC~ Notice of Pursuant to Sect~n 267 of ~ ~w and ~e prov~o~ the ~ B~d~ Zone ~ of ~e ~n of ~u~d, S~folk C~ty, New Y~ hea~s will ~ h~ by of ~ Town of ~ut~d, at Town ~flce, ~n ~, ~uthold, New York, on ~b~y 16, 1~, ~n ~7, su~i~on 6 of the ~ ~w of ~e S~ of N~ Y~rk, o~ ~e ~'s motif, a ~tuck, N~ York, f~ a ~e ~ck, N~ York, for a v~ Su~lon 6, ~t~le ~, ~tion ~d~ ~ea ~tion of ~rty: ~, N~ York. ~tion of ~o~ B. Griff~, 36 ~t- W co~t a dweH~g w~h in- efficient side yard area. ~on of pro~rty: e~ s~e wood L~e, Ma~tit~k, New York, bounded ~o~h by W~la~ ~n- sell, ~t by ~l~tore Sir~, ~u~ by 1~ now or fo~erly of ~ax and Betty Lowe~dt, by Knollw~d ~. ~tion of ~ard C ~d Matfl~ Po~t, Cu~, Ne~ ~ork, ~r a v~i~ ~ ~ovd~ce ~h the 1~ for ~rm~on W ~t off a ~cel of 1~ with i~uf~ent ~on~ge ~d ~ ~tion of ~y: nor~ e~t side Haywa- o~, New York, iot numar 2~, ~tion of Willi~ ~, New Suf- ~lk ~e, Cu~.~ue, N~ York, ~r~ ~th ~e State of New Y~k Town ~w, ~tion ~0 A. ~t~n of p~r~: ~uth C~e, New York, ~ ~lor, west 'by ~efies Cr~ ~tion of ~fe~ P. ~n, New ~ork, ~/c. ~y ~l~th ~tion of a~ in ~r~e with ~e S~ ~ New Yor~ T~ ~w, ty: ~lva~ ~h~ of w~y off ~st N~w Y~k, ~d~ nor~ by let's ~gh~ of Way, e~ by C~k, w~t by ~d ~w or for- ~ ~ ~t, New York, for .bu~s ,to ho~ f~m help. L0- ~n of p~rty: north side ~ow ~ver ~, ~lent, New York, ~ nor~ by F. ~. let & O~ers, e~t by ~e0rge L. ~ ~t., ~th by Narrow ~ver ~d, west by l~d now or formerly of ~t~inger-Freemann. ~ti~ of ~rge ~ers, ~e, N~ York, a/c ~ward ~l- ler, 19 ~s~l Avenue, Floral New York, for a ~arl~ce in ~rk, a~r~n~ with the Zoning Or-~ ~n~, A~ticle, ~, ~ction 300, Sub~ction 6, for semi,on erect a private de~ch~ garage in the iront y~d a~a. Location nue, Sou~ho~; N~ ~ork, iot ~r 14, Beixedon E~ta~s, old, New York. side ·M~ P~:~d, G~e~port, New York,/~o~,j~ed/~h_by g. ~, ~ ~ A. ~er,~ by ~ ~ ~t by ~; 3) a ~o~1 s~n on ~e n~ A~, ~, N~ York, ~ ~ by c. E. ~, ~ by ~x K~-,, ~ ~ ~in ~, w~t by ~u Ave- 9:~ P~. (~T,), ~ ~- ~t~n ~ ~r ~H, ~, ~ W~t ~ York, ~c J~s ~e, ~in ~, ~t, N~ Y~k, for a ~- ci~ e~eption ~ ~ with ~e ~ ~a~, ~e IV, ~Wn ~, ~tl~ (a), ior ~n ~ re~n a ~ ~gn ~ ~ff~lent ~k fr~ the p~y line. ~tion of pr~ K, j · ~. ~.~...~..~}.~... being duly Sworn, 'tinter and Publisher of the SUFFOLK vspal0er published at Greenport, in said )rice, of which the ,annexed is n printed .ed in the /mid Suffolk Weekl~ Times ......... · .~. [ .(-~. ............. week~ ag on the ~C~,~ . .......... erty: n0mkh side Main Hoad, Or- ~ ~ g-? lent, New Y~rk, .~ ~h by R~I T~, I~, ~u~ by ~ ~d, ~t by ..... j ~.~ ........................ ~ Te~ ~t. ~:~ P~. (E.S.T.), ~n a~li-~ ......... ~ / ~tion ~ Pa~r ~o11, Inc, 43 W~. 19~.~.. ~ / l~th ~t, ~n S~ion, New York, a/c ~t, ~ Y~k, for a ~ exc~tion ~ ..................................... accordance wi~h the Zoning Or- dinance, Article IV, Seotion 400, Subsection A, for permission to zetain a pole sign with insufficient setback from the proPerty line. r.ccation of property: south side iViaJn Road, BEattituck, New York, bounded no~th by iV~ain Road, east hy 1vI~ttit~ck School Prop., ~outh by John Pyll~o, west by Rall~ll Cox. 10:00 PA~. (E.S.T.), Lz~oon appli- cation of Peter Scholl~ Inc., 43 West 10th Street, I-Iuntington Sta- tion, New York, a~c Averette Ser- vice Station, Main P~oad, S~uth- ,old, New York, for a special ex- ception in accor~la~ce with the Z~rning Ordinance, Article IV, Sec- tion 408, Subsection A, for per- mission to retain a pole sign with lr~lfficie~t sel~back from ,t~le erty line. Location of property: south side Main t~0a~l, S~uthold, New York bounded north by Main l~oe~d, e/~t by Youngs Avenue, sout~ by Mary Goube~ud, west by T. Y-k'ahnhoefer. 10:10 P,M. (E~S.T.), Upon appli-. cation of C~nevron Oil Con~pany, 1200 State Street, Perth ~ew Jersey, a/c Cherry',s Service Skation, Main l~oad, Southold, New York, for a ~ exception in distance, Article IV, Section 408, S~bseet/on A, for permission to ta/n a pole sign w~th insufficient[ ,~etback from the property line. Location of pro/~erty: Main and Bayview Roads, Southold, New' York, bonl~ded north by Ma/n ~ & Bayirie~v Roazl, east by /~az, west by ~t~ l~ad. Any persan desiring to be heard on any oi i~e above applioations should a4Ypear /~1~ the time and ~lace ~bove spec/fled. DA'i'~.~: ~'.~d~lYA~Y 2~ 19b~, BY ORDER OF THE SoI2rHOLD TOWN BOARD OF A~P2~J_,S 15F10 9:00 P.M. (]g-~.~.)~, lYpOl~ 'tlppI1- ~'cion .of ~ohn A. Polywoda, ~d ~d ~barg ~d, ~ghold, N~w ~k, for a s~cial ex~pti~n in ~ ~h the Zon~g Or- di~, ~le ~, Section 408, Sub~tion (.b), ~r ~r~on to rein on pr~s w~l sig~. ~tio~ of ~ro~ty: s~th west ~er of ~ ~d ~ Hoba~ ~, S~ld, New York, ed ~o~h by ~ln ~d, e~t by Hobart ~, ~th by ~ ~h, w~t by J~s W~maka. 9:~ P~. (E.S.T.-, U~n appll- ~tion of ~ ~ore ~1 and ~o~ View ~ur~t, Gr~n- ~rt, New ~ork, for a ~c~l ex- Xon ~ a~ce wl~ Zo~ ~dina~, A~e HI, S~- ~io~ ~, ~tion 10, for ~r. m~i~ ~ ~ the followln s~: 1) a ~rectional sl~ ~ on ~ n~h w~t ~mer of ~ ~ad ~ C~I ~e [ ~r~, N~ Y~rk, ~u~d ~ by J~k ~v~, e~t by Cha- ~1 ~e, ~h by Ma~ ~, west by ~ I~ ~ghti~ ~.~ 2) a dl~cti~ sign on the nor~h[ NOTICE OF HEARINGS Pursllant to Section 2~? of the Town Law and the provisions of the an~nd- ed Building Zone Ordinance of the iT Own 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, Main Road, Southold, New York, on February 16, 1967, on the following appeals: ' 7:30 P. M. (E~.T.), pursuant to Sec- tion 267, subdivision 6 of the Town Law of the State of New York, on the ~ Board's motion, a rehearing on Appeal number 1006, upon application of Kyrilins Charalambides, 1550 Central DriVe, Mattituck, New York, for a variance in accordance with the Zon- ing Ordinance, Article III, Section g00, Subsection 6, Article VII, Section 703, for permission to retain an accessory building in the front yard area. Loca- tion of property: north side Central Drive, lot number 79, in Copt· Kidd Estates, Mattitack, New York. 7:45 P. M. (E~S.T.), upon application of John B. Griffin, 36 Baltimore Ave- nue, Massapequa, New York, for a var- iance in accordance with the Zoning Ordinance, Article III, Section 307, for permission to construct a dwelling with insufficient side yard area. Location of property: east side Knollwood Lane, Mattituck, New York, hounded north by Wallace Monsell, east by Salvatore Siracusano, south by land now or formerly of Max and Betty Lowen- hardt, west by Knollwoad Lane. 9:00 P. M. (E.S.T.), upon application of Howard C. and Matilda Bigg, Hay- i waters Road, Nassau Point, Cutc?.ogue, ' New York, for a variance in accordance with the Zoning Ordinance, Article III, 'Section 303, and Article X, Section i 1000A, for permission to set off a parcel of land with insufficient frontage and area. Location of property:' north east side Haywaters Road, Nassau Point, Cutchogue, New York, lot number 27, Peconie Bay Properties, Inc. i of William Bcebe, New Suffolk Lane, Cutchogue, New York, for a recognition 'of access in accordance with the State of New York Town Law, Section 280 A. Location of property: south side Wil- son Landing and Wilson Road, Cut- chogue, New York, bounded north by Wilson Landing, east by land of ap- ~licant. south by land of Moeller, west by Eugenes Creek· 8:20 P. M. (E.S.T.), upon appliestion of Lefferts P. Edson, Esq., 51755 Main Road. Southold, New York, a/c Mary Elizabeth Gcetschins and Others, for recognition of access in accordance with the State of New York Town Law, Section 260 A. Location of property: private right of way off east side Cox Neck Road, Mattitock, New York, bounded north by Miller's Right of Way, east by George A. Hammond, south by Mattituck Creek, west by land now or formerly of W. H. Werten- berg· of H. M. Demarest & Sons, Main Road, Orient, New York, for a special excep- ~cord0~i~th~ [ .ne]Ordinance, Article IV, Section 408, ~l~linance, -Article X;~T~n 1003A, Subsection A, for permission to retain for permt~ion to use existing labor[a pole sign with insufficient Zetb~ck camp buildings to houso farm help. from the proper~y line. Locatioo of Location of property: north side Nar- property: sOUth side Main Road, Mat- row River Road, Orient, New York,[tituck, New York, bounded north by] bounded north by F. J. Miller & Others, Main Road, eest by Mattituck School east by George L. ~dwars Est., sou~h Prop., south by John Pylko, west by by Narrow, River Raad, west by land now or formerly of Oettinger-Free- 8:45 P. M. (E~.T.), upon application of George Aiders, Cutchogue, ~ New York, a/c Edward Miller, 19 M~rstmll Avenue, Ploral park, New York, for a variance in accordance with the Zon- ing O~linance, Article III, ~eetion 300, Sub.section 6, for permission to erect ~ private detached garage in the front ~ard area. Location of property: Arsh- York, lot number 14, Beixedon Estates Southold, New York. 9:00 P. M. (E.S.T.), upon applicatior of John A. Polywoda, Main Road and Hobart Road, Southold, Ne~ York, for the Zoning Ordinance, Article IV, Sec- tion 408, Subsection (b), for permission Main Road and Hobart Road, Southol~ New York, bounded north by Main Road, east by Hobart Road, south by Warmaka. 9:20 P. M. (E.S.T.), upon application of Sound Shore Motel and Sound View Restaurant, Greenport, New York, for the Zoning Ordinance, Article III, Sec- tion 30, Sub. section 10 I~c permis- sion to retain the ~following signs: 1) a directional sign located on Road and Chapel Lane Green- port,- New York, bounded north by Jack Levin, east by Chapel L~ne, south by Main Road, west by Long Island Lighting Co. 2) a directional sign on the north side Main Road, Greenport, New York, bounded north by J. Brandi, east by A. Straussner, south by Main Road, west by Kzsyminski; 3) a direc- ! tional sign on the north east side' Main Road and Boisseau Avenue,' Southold, New York, bounded north by C. E. Cochran, east by Alex Komskis, south by Main Road. west by Boisseau 9:45 P. M. (E.S.T.), upon application of Peter Scholl, Inc., 43 West 10tlx Street, Huntington Station, New York, New, York, for a special exception, in Article IV, Section 468, Subsection (a), with insufficient setback from the property line. Location of property: north side Main Road, Orient, New, York, bounded north by Russell Tabor, east by Russell Tabor, south by Main Road, west by Harry Terry Es(. 9:55 P. M. (E.S.T.), upon application of Peter SchoI1, Inc., 43 West 10thI Street, Huntington Station, New York, a/c Albert Schwicker Est., Main Road, i Mattituck, New York, for a special ex- ~ ception in accordance with the Zoning I Ralph Cox. : 10:00 P. M. (E.~.T.), upon application of Peter Seholl, Inc~ 43 West 10th Street, Huntington Station, New York, &/c Averette Set.ce ~ta~ion, Main Road, ~outhold, New York, for a special exception in accordance with the Zon- ing Ordinance, Article IV, Section 403, Subsection A, ior permtselen to retain a pole sign with insufficient setback from the property line. Location of property: south side Main Road, South- old, New York, bounded north by Main Road, east by Your/ga Avenue, south b!~ Mary Ooubeaud, west by T. Prohn- heefer. 10:10 P. M. (E.S.T.), upon application of Chevron Oil Company, 1200 Sta~e Street, Perth Amboy~ New Jersey, a/c Cherry's Service Station, Main Road, 8outhold, New York, for a special ex- ception in accordance with the Zoning Ordinance, Article IV, Section 403, Sub- section A, for permission to retain a pole sign with insufficient setback from the property line. Location of property: Mi~in and Bayview Roads, Southdid, New York, bounded north by Main Road & Bayview Road, eaat by Bay- view Road, south by Jose Depaz, west by Main Road. Any person desiring to bc heard on the above applications should appear at the time and place above specified. DATED: FEBRUARY 2, 1967 BY ORDER OF THE SOUTHOLD TOWN BOARD OF A~PEALS k._,VN 0IF ~OUTI~'O~D, NEW ~PPL~C,'_&:T~ON FO,R SPECIAL ~CtPTiON TO Ti~E ZiONIi~G BOAI~D OF APPEALS, $OUTI-IOLD, N. ¥. (We) Pe ~er $cnol~ ~.~,..c.,.,. ........................... o,f 43 West 10th $tree~ ... Name Street ,a~d Number Hu_niin~l% on 8~aiion .......................................... .~_.:.~..~...L..}!~PL...2{'].g.~_~.~.!.~ ................................................... ~u~nicipality State her~eby ap~ly to T~¢E ZONI~ BO~RD~ O~ APP~L S for a SPE~CI~ ~C~EPTIO~ in ac,c,or,dan'c~e, with the ZO~'IN~ ~D~N~NCE A,~CLE ~ S~CTI~ ~ O ~ S~S,~C,TION ~ TPIE SPECIAL EI~CE,PTIO~ tS R, EQUEISTED BE'C~IISE ~t t~le location of Joe's Mobil S/S, Main Road~ 0rient~ ~s this si~ has b~en in this !oc~t~on since 1938 and is in ~he only ~lace where it will be visible. I~ ~" sign is out back to meet new law it will not be visible when trees are with leaves and easily missed at this time of year, Signa~ure FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N. Y. FINAL ORDER TO REMEDY VIOLATION Date ........... .J. ~rl~l~l~. .... 6 ....... 19. ~. R.A.McCallum Inet Agent - To ......... (owner or authorized agent of owner) Fg~'~. $~,. 9~p9.~.,..~,~, .......... (address of owner ,or authorized agent of owner) PLEAS~ TA~ NOTICE there exists a violation Zoning Ordinance ~t X sea ~002, ...................... Other Applicable Laws, Ordinances or Regulations .~,.~,P.~a~ .~. at premises hereinafter described in that ~. ~.~g~8 .~$~..b~. ~e. ~0. ~0~.~ .tO the (state character of violation) . ~. ~OC~g$~n~... .................................................................... in v~olati,on of ~..~)( .~..~¥~..~..$~..~002 ,. ~d~g. ~O~ .O~O ...... (State section or paragraph of applicable law, ~dinance or regulation) YOU ARE T~REFORE DIR~T~ AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith in or before the .......... ~. ~ ....... day of .......... ~.~ .......... 19fi~.. The premises to which this ORDER TO REMEDY VIOLATION refers are situated at ·..~.~..e..~.~y.~$.~ $~(~..Of. ~'lo.tic~ ...County of Suffolk, New York. Failure to remedy the conditions aforesaid and to comply with the applicable provisions .of law may constitute an offense punishable by fine or imprisonment or both. See notice dated April, 15, 1967 ......... Building Insp;~t'o'r' ~ '~x~ "mob11" pole-otgn at Bchwtcker gas pumps, S/6 ~atn Road~ Hattttuek must be set back at least ~ ft from all property linest and not over 1~6'' to top from ground level, or approved by Board off Appeals 2. "Ymbtl pole sign at Y~ln Rd & Eugene Road~ Cutchogue must be set back at least ~ fit £rom all property lines, and not over l~ft-6N to top £rom ground level, or approved by the Board off Appeals. "Mobil" pole sign at Youngs Ave. & Main Street, South. Id, must be set back at least ~ ft from all property lines~ Promotional advertizing banners & posters removed; Wall sign on westerly sidewall removed or approved by Board of Appeals. "Mobil"~ole sign at Koke Bros garage, Travler St, Southold~removed from the highway and set back at least 5 ft from all property lines AND approved by Board of Appeals as second ground sign on premises. "Mobil pole sign at Joe's garage~ Main Hoad~ 0rient~ must be set back at least ~ ft from all property lines amd not over l~ft 6" above ground level or approved by the ~oard of Appeals. Ail promotional advertizing banners, posters etc must be removed or approved by Bd of Appeals. At all stations no portable sign, swing signs~ posters, advertizing ~anners, etc or miscellanious signs are permitted! only one ground or pole) sign and one FRONT wall sign are permitted. SMITH. TASKER. FINKELSTEIN AND LUNDBERG October 14, 1969 Mr. Howard Terry, Building Inspector Town of Southold Town Clerk's Office Southold, New York Dear Mr. Terry: This is to supplement our telephone conversation of this morning with respect to the proper times and dates of violations of the Southold Sign Ordinance by the follow- ing defendants. These specifications are taken from your records previously submitted to this office: 1. Terry & Krupski July 2, 1969 at 4:25 .AM. x 2. Silkworth, Inc. June 27, 1969 at 1:20 PM. '3. Mid Island Lumber June 27, 1969 at 1:00 PM. ~4. Kappa July 2, 1969 at 9:30 AM. ~5. Wilsberg June 27, 1969 at 1:15 PM. · 6. Staples July 2, 1969 at 1:20 PM. ~7. Dellanno July 1, 1969 at 3:25 PM. 8. Joseph Andrade July 2, 1969 at 1:35 PM. 9. claudio near Lilco plant July 1, 1969 at 3:37 PM. The dates and times are an essential element on the summonses so please be certain to include these on the summonses in Justice Suter's office as soon as possible. FJY:ip Very truly yours,